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National Account Sales Representative - Leasing in Newport Beach at Huntington

Date Posted: 8/29/2018

Job Snapshot

Job Description

Huntington's division, Huntington Technology Finance (HTF) is a leading investment-grade asset finance provider in the US, with $2 billion of assets on book and over 1,900 clients nationwide. Founded in 1987, Huntington Technology Finance has a 30-year history of helping medium and large corporations across a broad range of industries to fund, manage, upgrade, and retire technology assets to keep pace with change.

 This is an excellent opportunity to become part of one of the fastest growing segments within the commercial banking group of Huntington National Bank. The National Sales Representative will market lease and loan solutions to commercial, IT vendors, and healthcare institutions. This individual will utilize marketing strategies in an effort to demonstrate the benefits of leasing. Will develop and manage a portfolio within a geography or territory to generate the maximum in new lease originations.

Position Responsibilities Include:

  • LEASE ORIGINATIONS -- Identify, market, and sell to companies that finance IT equipment within a defined territory. Create and put in place marketing strategies that inform IT users of the benefits of leasing. Organize and manage a territory to generate the maximum in new lease originations.
  • CUSTOMER RELATIONS - Develop and maintain quality customer relationships. Understand the customer's needs from a technical as well as a financial perspective. Develop relationships with new customers.
  • VENDOR/ALLIANCE RELATIONS -- Develop and maintain quality partner relationships including IT Resellers, Bank Partners, Audit/Advisory Firms, Software Companies, as well as participate at vendor events.
  • REPORTS AND DOCUMENTS - Submit required reports to manager accurately and in a timely manner. Prepare complete internal documents.
  • TRANSACTION ANALYSIS - Develop and maintain understanding of the economics of financing transactions. Develop and maintain the ability to present details of a transaction clearly. Propose creative product and financial alternatives to satisfy customers' objectives.
  • PRODUCT KNOWLEDGE - Participate in customer meetings, industry seminars and customer briefings to maintain updated knowledge of products and to reaffirm relationships with both partners and end-user prospects.
  • OTHER ACTIVITES - Participates in industry seminars, applicable training and customer briefings to obtain and maintain knowledge of products, product trends and to find/establish relationships with alliances & customers.

 Basic Qualifications

  • Entry level to one year of experience in consultative sales -- knowledge of leasing is not required.
  • Bachelor's degree

 Key Success Indicators

  • Technology leasing experience is helpful.
  • Product knowledge (laptop/desktop, data center, network, etc.).
  • Pricing and financial knowledge.
  • Highly organized.
  • Self-Starter
  • Excellent negotiating skills.
  • Excellent interpersonal skills.
  • Bachelor's degree preferred in business or related field, or equivalent experience.

EEO/AA Employer/Minority/Female/Disability/Veteran/Sexual Orientation/Gender Identity Tobacco-Free Hiring Practice: Visit Huntington's Career Web Site for more details. Huntington does not accept solicitation from Third Party Recruiters for any position.

  1. Sales Jobs
  2. Financial Advisor Jobs


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In re Farm Industries, Inc.

Court of Chancery of Delaware, in New Castle CountyNov 20, 1963
41 Del. Ch. 379 (Del. Ch. 1963)
41 Del. Ch. 379196 A.2d 582

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November 20, 1963

Hugh L. Corroon, of Berl, Potter Anderson, Wilmington, and Wesley J. Liebeler, of Carter, Ledyard Milburn, of New York City, for petitioners.

Howard L. Williams, of Morris, James, Hitchens Williams, Wilmington, for defendants.

The petitioner Herman Knaust has applied for a summary order for the election of directors of Farm Industries, Inc., a Delaware corporation. He alleges that he owns a majority of the outstanding Class A and Class B common stock of the corporation and that together with his immediate family he owns 73% of all the issued and outstanding stock. He further alleges that the annual meeting of stockholders which should have been held, according to the bylaws, on February 15, 1963, has never been noticed or held.

The defendants, John A. Bouvier, Jr., Joseph T. Garland, and Morris Rosenblum, are certain officers and directors of Farm Industries. They have filed an answer on behalf of themselves and the corporation and admit that the annual meeting has not been held.

They contend, however, by way of cross-claim against the petitioner and others, that under the terms of an agreement dated November 2, 1960, the Class B stock is entitled to elect five of the nine directors of the corporation at the annual meeting of stockholders. They further contend that under the above agreement of November 2, 1960, which was executed by all the holders of Class B stock, and also under a Voting Trust Agreement of August 21, 1961, which was entered into by the petitioner and certain members of his family, the defendant, John A. Bouvier, Jr., is authorized to vote the Class B stock, or a majority thereof, as the holder of an irrevocable proxy or as voting trustee. They pray therefore that the relief requested by the petitioner be denied and that the court specifically enforce the obligations of the petitioner and the members of his family as aforesaid by compelling such persons to transfer an irrevocable proxy to Bouvier and to deposit with him their Class B stock as voting trustee.

Petitioner replies to the cross-claim admitting the execution of the agreement of November 2, 1960 and the Voting Trust Agreement of August 21, 1961 by himself and the others involved. He urges, however, that the cross-claim be dismissed on the grounds, inter alia, that the defendants in effect obtained such agreements by overreaching and later breached the purported contracts themselves. He invokes in this regard the equitable doctrine of unclean hands.

After the petitioner filed his reply to the cross-claim, the petitioner's wife, Katherine Knaust, and his sons, Warren Knaust and H. Karl Knaust, all of whom are named as defendants therein, submitted generally to the jurisdiction of this court. They have joined in the reply to the cross-claim, and reference hereinafter to the "petitioner" shall be deemed to include all of these persons. Parenthetically, the Class B stock certificates held by the members of the Knaust family have been deposited with the court. Thus, at the present time all the signatories of the November 2, 1960 agreement and of the voting trust agreement of August 21, 1961 are now before the court as well as the certificates representing the shares whose voting rights are in issue.

The background for the issues presented by the cross-claim and reply are as follows. Prior to November 1960, Herman Knaust and his brother, Henry Knaust, owned all the common stock of two New York corporations, Knaust Brothers, Inc. and K-B Products Corp., in equal amounts, except for a few shares owned by their respective families. The Knausts were at one time the world's largest producers of mushrooms.

For reasons which do not appear in the record, the brothers Herman and Henry fell into disagreement. Herman was engaged in the promotion of Iron Mountain Atomic Storage Corporation which was intended to provide storage facilities on a commercial basis for valuable documents. Admittedly, the Knausts' mushroom business had begun to falter financially although the parties herein are not in strict agreement as to the cause. In part at least the decline in the fortunes of Knaust Brothers and K-B Products has been attributable to severe competition in the domestic market by mushrooms imported from the island of Formosa.

In July of 1960, Herman was forced to withdraw from the management of the two mushroom companies at the instance of certain creditors. Henry, however, signed an agreement giving Herman an option to buy his fifty per cent interest in the two companies for $200,000 and certain other considerations. Herman was required to agree, however, that if he could not meet these terms, he would deliver his stock in trust to Henry. It was at this juncture that the defendants were invited to join the Knausts' business venture.

It is apparent from the record that the mushroom business was in serious need of working capital. Herman Knaust and his immediate family, however, not only could not meet such needs but were not then in a position to pay to Henry Knaust the purchase price for his half interest in the business. Also, Herman Knaust was personally indebted to the two mushroom companies in the amount of $300,000 which apparently had been expanded in the organization of Iron Mountain.

At the recommendation of one of the defendants, Joseph Garland, who is a son-in-law of Herman Knaust, John Bouvier was brought into the Knaust enterprises to provide managerial skills as well as the required financial assistance. The outcome of the negotiations among the interested parties is evidenced in part by the agreement of November 2, 1960. Under the terms of that agreement Herman Knaust and the members of his family agreed to raise $125,000 for the purpose of purchasing the outstanding stock interest of Henry Knaust in Knaust Brothers and K-B Products. The balance of $75,000 was to be raised by the defendants Rosenblum ($50,000) and Bouvier ($25,000). Herman Knaust also agreed to cause Iron Mountain to secure a loan of $300,000 to be used by the parties under the terms of the agreement to stabilize the financial condition of the two mushroom companies. The purchasers were to share in the stock acquired from Henry Knaust in proportion to their respective cash investments. Thus, Rosenblum, for example, was to have a one-fourth interest in the purchased stock and a one-eighth interest in the entire business.

Next, the parties mutually agreed that they would cause a Delaware corporation to be formed which would have both Class A and Class B common stock. Both classes were to be identical in every respect except that the Class A would be authorized to elect four of the proposed board of nine directors and the Class B to elect five. The parties further agreed that their Knaust Brothers and K-B Products shares should be exchanged share and share alike for the Class A and Class B stock of the proposed Delaware corporation when organized.

Herman Knaust further agreed that he would transfer all his stock in Iron Mountain to Knaust Brothers in exchange for the cancellation of his personal indebtedness to the two mushroom companies of $300,000 and for a non-interest bearing note in the amount of $60,000.

Finally, it was provided, inter alia, that when the Delaware corporation was organized and the stock issued, all the holders of the Class B stock would give an irrevocable proxy to Bouvier to be surrendered by him only when all the bank debts of Farm Industries and its subsidiaries were paid off and other past due accounts made current. Other provisions specified the duties attaching to the various executive positions in the proposed corporation and designated the particular office that certain of the parties joining in such agreement were to hold when the corporation was duly organized. To the extent that these provisions become relevant to the matters in issue discussed later herein, they are set forth in greater detail.

Farm Industries was thereafter duly organized under the laws of this State. As noted later herein, a technical error was made in the incorporation process in that the special voting rights of the two classes of stock were not set forth in the certificate of incorporation through subsequently included in the by-laws.

Later events may be described briefly. Bouvier, as provided by the agreement, became the president of Farm Industries and its subsidiaries, Knaust Brothers and K-B Products. Herman Knaust became chairman of the board though, as agreed, he was also in charge of the Iron Mountain subsidiary. In general, Bouvier as president provided active executive direction to the corporation while Herman Knaust was its "elder statesman". This was so even though Bouvier was absent in Europe during part of 1961 and only returned in the month of August. During his absence he corresponded on a confidential basis with Garland, then Executive Vice President and later General Manager, who kept him informed as to the progress of events. In view of the difficult financial situation Bouvier's primary task appears to have been the arranging of loans sufficient to provide needed working capital for the mushroom subsidiaries. In order to secure the necessary funds Bouvier was obliged to guarantee personally the repayment of certain substantial obligations of Farm Industries or its subsidiaries. I refer particularly to a bank loan of $500,000 in the spring or summer of 1961 which appears to have led to the execution of the Voting Trust Agreement in August of that year.

The downward trend in the fortunes of the two mushroom companies continued after the organization of Farm Industries and the shift in management to Bouvier and Garland although efforts were made to increase production and lessen costs. Dissension began to develop between the Knausts on the one hand and the Bouvier group on the other. Largely this resulted from the fact that the 1960 agreement placed control of what had been a family business in the hands of newcomers who sought to implement policies of their own. The adverse financial situation obviously aggravated the difficulties.

Late in August 1961, Garland was appointed General Manager of the mushroom operation by Warren Knaust, then Vice President in charge of production. This is effect put Garland in control in the production area. Next, in the summer and fall of 1961, efforts were made by the Bouvier group to prevent Herman Knaust from interfering with the lines of operational command established by the new management. Ultimately this led to a request that he "absent" himself from Farm Industries for several months. Thereafter, on November 29, 1961, he was removed as president of Iron Mountain by the board of that subsidiary, and Bouvier was elected in his place. Apart from the changes referred to above, however, the executive arrangement remained as set forth in the November 2, 1960 agreement. The financial situation did not thereafter improve and sometime after the present suit and a companion suit in New York were filed, the two mushroom subsidiaries filed petitions under Chapter XI of the Bankruptcy Act.

There is no question that a stockholders' election of directors should be ordered. The issue presented here is what the voting rights of the respective parties will be at such election. Petitioner and the members of his family contend that the defendants are not entitled to exercise the voting rights purportedly vested in them by the 1960 and 1961 agreements. They claim that the November 2, 1960 agreement resulted from bad faith and overreaching on the part of the defendants, that the defendants themselves are guilty of breaches of that agreement, and that the defendants have abused the position of dominance and control which that agreement has given them over the affairs of Farm Industries and its subsidiaries.

Does the record support these charges of "unclean hands"? I turn first to the contention that the initial agreement itself was the result of bad faith and overreaching. The Knausts, in support of such claim, rely principally on the fact that Morris Rosenblum, one of the defendants, acted as attorney for Herman Knaust in negotiating such agreement. They point out that by virtue of the agreement the Knausts surrendered control of the mushroom companies and also of the valuable Iron Mountain asset. They further indicate that Rosenblum became the purchaser of approximately a one-eighth interest in the entire enterprise for the sum of $50,000, which they contend was grossly inadequate, and that he later became a director and officer of Farm Industries as a nominee of Bouvier, the chief beneficiary of the agreement. Thus, the Knausts urge that the entire agreement was tainted by the bad faith of the attorney who allegedly encouraged the Knausts to execute it and that the other defendants knowingly participated therein.

In my opinion the record when viewed in proper perspective does not fairly sustain these contentions. The dominant factor in the negotiation of the November 2, 1960 agreement was undoubtedly the serious financial condition of the mushroom companies and the inability of Herman Knaust to provide adequate financing. Unfortunately the record herein does not permit a fully detailed description of the events underlying this transaction. It appears, however, that in July 1960, current liabilities of the mushroom companies exceeded current assets by $500,000 and that a bank was threatening to call a demand note involving a total sum of $280,000. The bank agreed to extend the loan provided that management of the company was shifted from Herman to his brother Henry. At this juncture Herman and Henry executed an option agreement dated July 14, 1960, by which Herman was given an option to purchase Henry's stock for the sum of $200,000, provided that Herman could secure Henry's release from all personal obligations for the debts of the two companies. The agreement also provided, however, that if that option was not exercised within one week, i.e., by July 21, 1960, Herman would cause his stock to be delivered to Henry in trust for 20 years which Henry could deal with, under certain conditions, as his own. The trust could only be earlier terminated if the stock or the assets of the companies were sold, if Herman were to repay his $300,000 indebtedness to the companies and arrange for the redemption of about $300,000 of the preferred stock of Iron Mountain held by such companies, or if Herman within three years purchased Henry's stock for $200,000 or twice the book value, whichever was greater, and secured a release of his liability for the companies' obligations. The agreement further provided that upon failure to exercise the option by July 21, 1960, Herman would resign as an officer and director of the mushroom companies.

Herman Knaust was unable to exercise the option agreement by July 21, 1960, and thus lost control of his own stock as well as control of the mushroom companies. The agreement which brought the defendants into the enterprise was executed under these prevailing circumstances.

I think it apparent that under such circumstances the terms of the November 2, 1960 agreement can hardly be considered "unfair". Rosenblum and Bouvier invested $75,000 in an enterprise which seemingly was threatened with bankruptcy. Neither had any financial stake in the enterprise up to that time which they were called upon to protect. With the funds they provided, Herman Knaust and his family were able to terminate the trust over his own stock and buy out Henry's interest. By the terms of the November 2, 1960 agreement he and the members of his family were again permitted to have a voice in management. The conditions imposed were reasonable, viz., that Iron Mountain become a subsidiary of the mushroom companies (73% of whose stock would be owned by the Knausts) and that the defendant Bouvier be permitted to name five members of the new board of directors.

I am satisfied that there was no impropriety in Rosenblum's purchase of an interest in the business himself. There is nothing to indicate that any unfair advantage was taken by him by virtue of his position as Herman Knaust's attorney. I find that Herman Knaust fully understood the consequences of the November 2, 1960 agreement with respect to ownership and control of the Knaust enterprises when he executed it and conclude that no equitable grounds appear in that regard for refusing to enforce it.

Next, I consider petitioner's claim that the defendants were guilty of breaches of contract and also abused the position they obtained by virtue of the agreement. All these claims are somewhat interrelated and are perhaps better understood when viewed against the background of events that unfolded after the signing of the November 2, 1960 agreement. That agreement, as noted before, permitted Bouvier to name five members of the Board of Farm Industries. The agreement also specified how the managerment of the corporation was to be organized once the incorporation process was completed. Herman Knaust and his sons, Warren and Herman Karl, were each allotted executive positions, but the principal posts were given to Bouvier and Garland.

The obvious result of this arrangement was that the Knausts were given only a subordinate position in the direction of corporate affairs. The new managers set about instituting what they considered to be necessary reforms which not unexpectedly met with a certain amount of resistance. This led ultimately, as noted before, to Garland's appointment as General Manager of the mushroom operation and Henry Knaust's replacement by Bouvier as president of Iron Mountain.

The Knausts claim that the defendants violated the terms and the spirit of the 1960 agreement by displacing their authority within the corporate structure. They appear to take the position that that agreement was intended to "freeze" the management by forbidding any change in executive personnel without the consent of the person involved. While I recognize that such agreements are frequently executed for the purpose of assuring a minority stockholder a voice in the management of the company, I think that a proper construction may be achieved only by considering the circumstances surrounding the execution of the particular instrument and the actions sought to be taken thereunder.

I am of the opinion, after reviewing the record herein, that the parties executing the November 2, 1960 agreement fully understood that a condition of Bouvier's joining the enterprise was that he would have the dominant voice in the management. By the agreement he undertook the responsibility of making satisfactory arrangements with the bank holding the demand obligation of $200,000. He was given the power by proxy to name five members of the board, and his responsibilities as President were to include, inter alia, operations and management and banking relations.

I think it fair to conclude that one purpose of the 1960 agreement was to make it certain that while the Knausts would retain a considerable voice in the affairs of the enterprise, they could not otherwise prevent the implementation of new policies by creating a corporate deadlock.

The alleged breach of contract upon which the petitioner Herman Knaust principally relies is the fact that he was replaced by Bouvier as president of Iron Mountain. The 1960 agreement states that the Chairman of the Board of Farm Industries shall be "in charge of" Iron Mountain. Petitioner argues that since by the terms of that agreement he was to be chairman, it was improper for him to be replaced by action of the board of Iron Mountain, which presumably was dominated by Bouvier, at a meeting which he did not attend.

Assuming for the moment, without deciding, that the agreement had the effect of assuring Herman Knaust the chairmanship for an indefinite period of time, was it an act of bad faith or, more particularly, a breach of contract for the defendants to cause him to be removed as president of Iron Mountain? I note first that the agreement does not specifically state that the petitioner shall be "president" of the subsidiary. At the time the 1960 agreement was entered into by the parties, Herman Knaust owned substantially all the common stock of Iron Mountain personally although the mushroom companies held about $300,000 of preferred stock and a personal obligation in like amount. As part of the 1960 transaction the defendants required Iron Mountain to become a subsidiary of the mushroom companies in exchange for the cancellation of the personal obligation and the issuance to Herman Knaust of a note for $60,000. This step was undoubtedly intended to substitute an asset of real value, i.e., the Iron Mountain property, for an asset of somewhat dubious value, viz., the unsecured obligation of Herman Knaust.

While it appears that the parties intended to make some special arrangement with respect to the management of Iron Mountain, I do not think that they intended to exempt it from the overall scheme of corporate control envisaged by the 1960 agreement. Thus, I do not think that when the agreement stated that the chairman should be "in charge of" Iron Mountain, that was meant to imply that a special sphere of control was cut out for that particular subsidiary. Of the three operating companies only Iron Mountain appears to have been operating "in the black" at the time Farm Industries was formed. If the defendants were incapable of implementing their policies with respect to that subsidiary, then the security which they purported to provide for themselves under the agreement would have been of a most dubious quality.

I am persuaded that as fairly read, the agreement merely provided that the chairman should have general oversight with respect to the policies of Iron Mountain. Active management I think was intended to be geared to the other provisions of the agreement which placed the responsibility for such matters in other hands. Moreover, I believe that this view comports with the parties' own understanding of the matter. When the climactic dispute arose between Herman Knaust and the Bouvier group with respect to the implementation of certain policies, Knaust was asked to absent himself for several months from the company. Initially he agreed, but after one month unexpectedly returned from a trip to Europe. Thereupon, the board of Iron Mountain voted to replace him, both his sons concurring therein. I am of the opinion that under the circumstances the replacement of Herman Knaust by Bouvier was a reasonable exercise of powers which were implicit within the agreement itself, an adequate showing having been made for the necessity of such removal. Thus, I conclude that no breach of contract was there involved.

Claims of a similar nature were made with respect to Herman's sons, Warren Knaust and H. Karl Knaust. I find such claims to be without merit on the present record.

Petitioner also contends herein that the so-called management provision is invalid because it tends to limit the discretion of the corporate directors. He further contends that such provision is not severable from the rest of the terms of the agreement and thus that the entire agreement must fall. Petitioner in effect is arguing that by the agreement the parties intended to preclude the boards of directors from replacing those named initially to the various corporate offices. He admits that such a construction only arises by implication. Since the adoption of that implication would, according to petitioner, result in a finding of complete invalidity, the court believes that a more reasonable finding is that the parties did not so intend. Certainly, if reasonably possible, the court should adopt a construction which would uphold an agreement rather than one which would invalidate it. My finding here, moreover, is supported by the by-laws of Farm Industries which clearly vest the board with the power to elect officers and fix their compensation.

Next, I turn briefly to a claim of self-dealing asserted against Bouvier concerning the sale and leaseback to a separate corporation controlled by Bouvier of certain facilities belonging to Knaust Brothers. It is said that Bouvier improperly received, directly or indirectly, interest in the amount of 12%. Petitioner claims that this and other actions of Bouvier indicate a misuse of the position of dominance and control given him by the agreements in issue. Thus, petitioner contends that the court should refuse to grant Bouvier and the other defendants any relief with respect to such agreements.

It is settled law in Delaware that relief may be barred by the doctrine of unclean hands only by reason of some conduct relating directly to the matter in controversy. Walter v. Walter, 36 Del. Ch. 280, 129 A.2d 253. Since none of the claims with which we arenow concerned have any relation to the formation of the agreements in issue or to purported breaches thereof, I am of the opinion that that doctrine may not be invoked so as to deny relief. That is not to say of course that petitioner may not otherwise assert these claims as the basis of an independent action against the defendants, if so desired.

Other issues raised by the petitioner have been considered and resolved in a manner consistent with the conclusions herein reached. It follows from the foregoing that the defendants are not chargeable with unclean hands on any score with regard to the agreements in issue.

Petitioner contends, however, that even if the agreements involved were validly executed and are otherwise free of fault, they cannot be enforced herein as a matter of law. As to the November 2, 1960 agreement, petitioner says that the proxies contemplated by such agreement would not have been "irrevocable" if in fact transferred to Bouvier and, if irrevocable, they would have amounted to an illegal voting trust. Next, as to the Voting Trust Agreement, petitioner urges that since none of the formal steps allegedly prescribed by 8 Del. C. § 218 for the effective creation of a voting trust were ever carried out, that purported trust must fail.

Petitioner urges one further matter of defense. He points out that the purported effect of both these agreements was to give Bouvier control of the board of Farm Industries by virtue of the assumed power of the Class B stock to elect five of the nine corporate directors. He now takes the position that 8 Del. C. § 102 and 8 Del. C. § 151 impose a mandatory requirement that such voting rights, in order to exist, must be set forth in the certificate of incorporation. Admittedly, while both Class A and Class B stock are authorized by the certificate of Farm Industries, nothing appears therein as to the respective voting rights of these classes. Article 6, Section 1 of the corporate by-laws, which were later adopted, does in fact set forth such rights. No action was ever taken to amend the certificate so as to include the pertinent terms. Thus, petitioner contends that all the common stock of both classes are entitled to an equal vote, share for share, in matters involving a vote of the stockholders.

Section 212 of the Delaware Corporation Law states:

"Unless otherwise provided in the certificate of incorporation, each stockholder shall at every meeting of the stockholders be entitled to one vote in person or by proxy for each share of the capital stock held by such stockholder, * * *".

The defendants tacitly concede that §§ 102 and 151 govern the existence of the voting rights which they are here seeking to establish and that such provisions in substance require that the voting rights and powers of corporate stock be set forth in the certificate. Thus, defendants do not contend that they have in fact complied with the statute. Rather they urge that the court may implement the November 2, 1960 agreement by permitting the parties to vote as if the necessary voting provision had in fact been included in the certificate.

It is not necessary to consider this most doubtful "as if" proposition because of my decision on the request specifically to enforce the 1960 and 1961 agreements.

Assuming that under the present certificate each share of both the A and B is entitled to vote for all nine directors, can it be said to reflect a failure to implement the intentions of the parties as expressed in the November 2, 1960 agreement? It is apparent from a reading of such agreement that the parties did not specify or even consider the location of the voting rights provision in any particular legal instrument. Obviously they intended that the provision should be made legally effective since it was one of the keystones of the parties' agreement. The record shows that the failure to include the voting rights provision in the certificate resulted from an omission on the part of the attorney who handled the incorporation process. Accordingly, the defendants here take the position that the court may grant such equitable relief as will rectify the error that was inadvertently made.

I pause to note that the situation present here is significantly different from that in Gaskill v. Gladys Belle Oil Co., 16 Del. Ch. 289, 146 A. 337. There certain preferences were set forth in the certificate of incorporation at the time of incorporation which the parties subsequently attempted to change by means of a by-law. Since as a practical matter the certificate alone would have had the status of a public record, later purchasers of the common could undoubtedly have been misled by the fact that the preferences of the preferred stock set forth in such certificate had been considerably enlarged by the later by-law. There is nothing in the opinion of the then Chancellor to indicate that the common and preferred stockholders at the time of dissolution were the same persons who had earlier approved the by-law enlarging the preferences.

One further point in that case I think is of some significance. The stockholders who approved the by-law in the Gladys Belle Oil case understood that it was a by-law they were passing. They expressly provided that the by-law involved should have the same force and effect as if it were in fact a part of the certificate of incorporation. Thus, they intended to effectuate their purpose by a particular legal device or instrument. Here it can fairly be said that the parties merely intended that the attorney in charge of the incorporation process select any device prescribed by law for making the voting provision effective and that they were otherwise wholly indifferent as to the particular device to be used.

Brooks v. State, 3 Boyce 1, 26 Del. 1, 79 A. 790, 51 L.R.A., N.S., 1126, and Standard Scale and Supply v. Chappel, 16 Del. Ch. 331, 141 A. 191, which were cited by the Chancellor in Gladys Belle Oil, are also I believe readily distinguishable from the present case.

In the Brooks case the corporation in question attempted to create a class of non-voting preferred stock in its charter under the authority of the General Corporation Law in effect at the time of its incorporation. The Supreme Court there held that the statutory provision relied upon by the incorporators violated Article 9, Section 6 of the Constitution of 1897, Del. C. Ann. which was construed as requiring that each share of stock of a Delaware corporation have one vote. The court further held that the right to vote attached to the share of stock itself and could not be eliminated by any form of wavier on the part of the holder. Thus, the Brooks case differs substantially from the present case in that the action sought to be taken there could not lawfully have been accomplished regardless of the "form" which the parties chose for adjusting the voting rights of the preferred stock.

In Standard Scale Supply Corp. v. Chappel, cited above, the court held that a restriction printed on a stock certificate, which purported to restrict the right to vote the shares represented thereby under certain conditions, could not be enforced against a purchaser of the stock where there was no authority for the restriction in the corporation's certificate or by-laws and the holder was not a party to any agreement with respect to such stock, assuming any such agreement existed. The court noted therein that the printed restriction did not by its terms bar the right to vote in all cases and also that the purchaser's predecessor had in fact voted the shares though his stock certificate had contained the same voting limitations on its face. The circumstances presented by that case I think also differ substantially from those in the case now before the court.

May the court order the certificate of incorporation of Farm Industries to be reformed so as to reflect the agreement of the parties with respect to the voting rights of the Class A and Class B stock, the stock still being held by the parties to the agreement and no third-party interest being involved? While no Delaware case has been found where such relief has been granted under any circumstances, the power of a court of equity to grant such relief has nowhere been denied.

The case of Millspaugh v. Cassedy, 191 App. Div. 221, 181 N YS. 276, is very persuasive here. The certificate of incorporation of the company there involved authorized the issuance of both common and preferred stock. The voting rights of these classes were not further delineated in the certificate. At the first meeting of the incorporators, however, a by-law was adopted which purported to disfranchise the preferred stock.

The lower court found that it was the intention and purpose of the incorporators that the preferred stock should have no voting power and that the sole voting power should be vested in the common stock of the company. Furthermore, the court found that the attorney who prepared the certificate of incorporation was advised of the intention of the incorporators and was directed to prepare the papers to effectuate such intention. The court also found that the attorney in attempting to carry out the direction of the incorporators prepared the by-law involved but failed to insert the provision in the certificate of incorporation. The by-laws were thereafter unanimously adopted at the first meeting of the incorporators which was held under the supervision of the attorney, and the trial judge found that it was the intention of the attorney and the stockholders present at the meeting, representing all the capital stock of the company, that the preferred stock should have no voting power.

The appellate court held ( 181 N.Y.S. 276) that although the preferred stockholders had acted in accordance with the purported limitation on their voting rights for a period of twenty years, the by-law was legally ineffective to accomplish the purpose which the incorporators had sought to achieve. The court concluded, however that the omission in the certificate was the result of a mutual mistake of the parties and could be rectified by a decree ordering the certificate to be reformed in accordance with the intentions of the parties. Thus, it affirmed the decision below.

Under the circumstances present here I am satisfied that the failure to delineate the voting rights of the Class A and Class B stock in the certificate of incorporation resulted in an instrument which in its legal effect does not truly express the intentions of the parties. This situation, which amounts to mutual mistake, provides, in my opinion a legally sufficient basis for causing the certificate to be reformed so as to reflect their intentions. It follows therefore that, assuming the agreement of November 2, 1960 is otherwise legally enforceable, it should be reformed by appropriate action to reflect the true intent of the parties.

Petitioner next says that the voting trust agreement of August 21, 1961, is wholly void and of no effect because the parties never took the steps prescribed by 8 Del. C. § 218 to implement the trust formally. Petitioner thus contends that the court may not specifically enforce that agreement under the governing Delaware precedents. He does not dispute that the agreement is supported by adequate consideration nor does he suggest that the voting trust contemplated by the agreement would be defective if the parties had taken appropriate steps to carry such agreement into effect by depositing their shares, etc.

Apart from the equitable defense of unclean hands, which has already been considered, petitioner offers no sound reason why the voting trust agreement may not be specifically enforced. The Delaware cases cited by the petitioner, while undoubtedly upholding the view that the provisions of § 218 are mandatory, do not suggest that a voting trust agreement which otherwise contemplates full compliance with the terms of the statute may not be specifically enforced at the instance of a party thereto, especially where as here, there is no third-party interest involved.

In Abercrombie v. Davies, 36 Del. Ch. 371, 130 A.2d 338, reversing 35 Del. Ch. 599, 123 A.2d 893, the Supreme Court held that an Agents' Agreement there in issue constituted an illegal voting trust and thus was void in its entirety. While the agreement contemplated a conversion of the "agency" arrangement into a formal voting trust under certain circumstances, this court, on remand ( 36 Del. Ch. 445, 131 A.2d 822), held that the effect of the Supreme Court's decision was to terminate any obligation of the parties under such agreement. Thus, there was no legally subsisting agreement to support judicial enforcement of the conversion provision. The court also held that the deficiencies in the agreement could not be cured by taking steps to meet the requirements of the voting trust statute since such steps had not been part of the agreement of the parties.

In other instances where judicial enforcement of a voting trust agreement was refused, the court found that the agreement of the parties envisioned action in violation of the mandatory provisions of the voting trust statute. In Perry v. Missouri-Kansas Pipe Line Co., 22 Del. Ch. 33, 191 A. 823, the court refused to enforce an agreement which contemplated a voting trust of eleven years duration. In Appon v. Belle Isle Corporation, 29 Del. Ch. 122, 46 A.2d 749; aff'd. 29 Del. Ch. 554, 49 A.2d 1, this court held that a purported extension of a voting trust agreement which was executed more than one year prior to the terminal date of the trust was a nullity since it did not conform with the requirements of the statute. In In re Chilson, 19 Del. Ch. 398, 168 A. 82, the court held a voting trust agreement invalid because the parties had agreed thereunder that their original stock certificates should be returned to them, rather than voting trust certificates, after the initial transfer to the trustees.

In Smith v. Biggs Boiler Works Co., 32 Del. Ch. 147, 82 A.2d 372, it was held that a voting trust agreement could not be enforced where the parties thereto contemplated the establishment of a present trust, but the certificates which were to constitute the res were held in escrow by a third party upon conditions which might never be fulfilled.

Here, the agreement of the parties does not envision any action not in conformity with the terms of the voting trust statute, nor is there any circumstance precluding the establishment of a present trust as contemplated by such agreement. Although no attempt was made to comply with the statutory provisions concerning the filing of a copy of the agreement until this action was filed, there is no showing of any intention on defendants' part to abandon the agreement. Intervening rights of third persons are not involved, and there has been no change of position on the part of the petitioner or the other concerned parties in reliance on any supposed abandonment. Hirschwald v. Erlebacher, Inc., 27 Del. Ch. 180, 33 A.2d 148 aff'd on opinion below, 27 Del. Ch. 343, 36 A.2d 167. I conclude therefore that the voting trust agreement of August 21, 1961 should be specifically enforced.

Next, I turn briefly to the provision of the agreement of November 2, 1960 by which all the holders of Class B stock agreed to deliver an "irrevocable proxy" to Bouvier to vote such stock until such time as the bank debts of Farm Industries and its subsidiaries were paid off and all past due accounts made current. The defendants seek specific performance with respect to that provision.

The defendant Bouvier, as voting trustee, will have absolute voting control of the Class B stock. What the relationship would be between Bouvier's status as the holder of an irrevocable proxy and his status as voting trustee is not entirely clear. In any event the defendants have not briefed the serious issue as to the enforceability of the provision for the creation of a proxy. Therefore, unless defendants desire to press the matter, the court will assume that defendants are content with the relief granted herein.

The order to be entered hereon will provide the mechanics for first implementing the reformation and specific performance aspects of this matter including a provision directing the depositing stockholders either to endorse the certificates or to execute blank stock powers. It will next direct the holding of a stockholders' meeting to elect directors.

Present order on notice.


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Client: Micromeritics
Design Problem: Create an eight page brochure featuring Micromeritics products for the shale industry
Intented Audience: Scientists, Engineers, Sales Team
Solution: Striking cover and custom photography needed. Posed models for shots, consulted staff scientists for copy and which features to highlight, sent final design and copy to technical writers for copy editing and fact checking, sent to printer and oversaw production of final product at print facility
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Positivity Attracts Positivity

The people who have already read my memoir, Not My Story To Tell know that many of my experiences raising a daughter who had mental health issues wasn’t easy or fun. It was scary and heartbreaking. That does not mean I became negative or angry, however. The opposite happened. I became more positive in order to attract more of that in my life. Even though Justine was killed in a car accident, I know things happened the way they were supposed to happen and I accept that. I had hoped my book would reflect that and it overwhelming has. Here are a few messages I have received.

“I have read it twice, amazing book Cathy”~Nancy

“You have written a compassionate and sensitive memoir to honour Justine’s memory. There are moments where I sat on every single word you had written and wondered where the next moment would take me.”

“Thank you for a memoir that celebrates a life, mourns a life and yet reassures us that we will see our loved ones in the next life”~Joe

“You and Greg faced many obstacles raising such a beautiful child. Justine’s story is an inspiration to all parents of special needs children as well as people caring for and experiencing mental illness issues. Justine was truly blessed having two devoted parents who supported and loved her unconditionally through her many trials in life. Thank you for writing her story and may God bless you and your family”~Roseann

“Maybe because I am a Mom maybe because I am great awe and respect of how you supported and loved Justine even in hard times, I know we are all supposed to do this as parents but do we or is it just easier to walk away and let someone else deal with it. How do you go through all of that only to lose her …I know you believe everything happens for a reason. I admire you and Greg and Candace for sticking together to make everyday good even when I’m sure it was hard some days you are very strong people and as they say no regrets that goes along way in our lives. Just wanted you to know how much I was touched by Justines story Cathy I’m sure she is at peace with her world now and that will bring you comfort.”~Julie

“Having read your book, it filled me with a lot of emotion. Both sad and happy. Your daughter sounded like a wonderful person battling a terrible disease. I give you credit for putting all of your life on paper for the world to read. Not many could do that. A 5star read. Bravo Cathy.”~Roseanne

“l received your book a couple weeks ago I finished it a week ago and it has been in my thoughts for a week while I processed it all. The hurt and pain your whole family went through for a lot of years is hard for me to grasp You all worked through it and you should be so proud of your family and your book. It is a no holds barred account of what happened to you all.I “enjoyed” your book very much and it will stay with me for a long time, well done!”~John.

Get your copy HERE.

8 thoughts on “Positivity Attracts Positivity

  1. I read the book, whilst on a bus from El Paso to Dallas. Your unconditional love for Justine has cemented the three of you as squarely in my pantheon of heroes. Her friend, Eric, belongs there, as well. I wish all of you a long and more serene life, for all that you did for that beautiful young lady.

    Liked by 1 person

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Whether you need to buy a rope, some gloves, or rent some ice tools and crampons, Rock & Snow has it all!

  • Rock and Snow
  • 44 Main St
  • New Paltz, NY 12561
  • 845-255-1311

Here is a general list of what you should bring when climbing in the Catskills.

  • A pair of modern bent-shaft tools designed for vertical ice. Leashless tools have made climbing more efficient. If you haven’t tried them, you should. Don’t forget a spare pick, bolt, and wrench for your tools.

  • About 8 to 10 sharp screws of varying sizes are sufficient. The majority of climbers use 16cm screws for most applications and carry a few long screws (22cm) for belays and a few stubby screws (10/13cm) for thin ice.
  • A mixture of about 12 slings and quickdraws with carabiners should be adequate. Screamers are becoming more and more popular and are even replacing some of the quickdraws on most climbers’ racks.
  • Two cordelettes with 2 pear-shaped locking carabiners each
  • A rock rack for the leader has become a standard item: nuts, Tri-cams, and cams to 3 in., plus big cams (up to a #5 C5) for some of the mixed routes.
  • About 75 ft. of static rope or webbing for top rope anchors will come in handy.

  • Either dual-point or mono-point crampons designed for vertical ice; the best advice I can give is to make sure they fit your boots properly.

  • This is a no-brainer. Everyone climbing should own and wear a helmet, for your safety and that of your group.

  • A harness that has adjustable leg loops is a wise choice for those days when you may need to put your harness on over your boots and crampons

  • A 60m dry-treated rope will work for most areas; a 70m is handy for the taller areas. Look for details on rope options in each chapter.

  • In the Catskills, you can choose to wear leather or plastic boots. If you want to buy one pair to do it all, I suggest plastic. They are not only warmer, but you can also use them for other winter or mountain pursuits.

While ice climbing, prepare to be outside moving and standing in temperatures ranging from 10° below zero through 40° above. Layers are your best choice. The hike up to a route in Stoney Clove can start you out at the car with everything on as you wait for your partner to pack but can leave you stripping down to your first layer on the steep hike uphill. Remember that “cotton kills” and avoid it at all costs in all of your outdoor winter clothing. Be sure to wear clothing made from synthetic materials or natural insulating fiber (wool, down). Use a layering system that consists of some of the following:

  • A wicking first layer such as: wool, capilene, polypro, etc.
  • A lightweight insulating layer: wool, 100- or 200-weight fleece, etc.
  • A heavier insulating layer: 200- or 300-weight Polartec or down
  • A protective windproof/breathable outer layer. Soft shells have taken over, and are the best choice in all but wet conditions.
  • An optional protective waterproof/breathable outer layer for wet climbs or precipitation: Gore-tex, eVent, etc.
  • A large insulated parka is highly recommended and should be roomy enough to be worn over all the clothes you have on. You definitely won’t regret having it when you are belaying for long periods of time.
  • Two different weight hats or balaclavas to be worn separately or together
  • At least two pairs of gloves and/or mittens.
  • Be sure to have good-quality synthetic socks. Bring extras.
  • High gaitors to keep the snow out of your boots

  • Your pack should be large enough to carry everything listed plus a little more.

Other Necessities:

  • Headlamp and batteries, first-aid kit, map and compass, watch,
  • Thermos, water bottles with parkas to prevent freezing, chemical heat packs, extra snacks, and anything else I forgot to mention.
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Missed opportunities doom Colts in loss to Texans

This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated.

INDIANAPOLIS, IN - DECEMBER 20: Matt Hasselbeck #8 of the Indianapolis Colts lies injured on the ground during the game against the Houston Texans at Lucas Oil Stadium on December 20, 2015 in Indianapolis, Indiana. (Photo by Michael Hickey/Getty Images)

INDIANAPOLIS, Ind. (December 20, 2015) – Looking for a word to describe the Colts after Sunday’s 16-10 loss?

In the locker room, where the media usually asks the questions, it was the Colts asking questions of themselves.

“Why are we not finishing? What are we doing wrong?”postulates T.Y. Hilton. “There’s a lot of stuff going on, but we gotta fix something, or it looks like we’re gonna be home (for the playoffs).”

“We played well in all aspects,” safety Mike Adams said of the defense. “End of the day? We didn’t get it done. It’s frustrating. I’m sorry I’m rambling a little bit. I’m kind of flustered. I can’t believe we took this ‘L’ like this.”

Even in the first half when things appeared to be going well for the Colts (leading by 10 and facing Texans’ backup QB Brandon Weeden), things could have been going a whole lot better. Three times in the first 30 minutes, Indy started offensive drives in Houston territory. Once more, they started at their own 47. Even with that exceptional field position, just 10 points came as a result.

“There were opportunities to have more points than that,” said quarterback Matt Hasselbeck. “You know, ‘woulda, coulda, shoulda’ kind of situations, but (we) didn’t do it.”

It’s not just the players bemoaning missed opportunities after Sunday’s loss. Head Coach Chuck Pagano mentioned missed opportunities five separate times in the opening statement of his postgame press conference. The two biggest of those missed opportunities? No doubt, they were the two turnovers on the Colts final two offensive possessions.

“December football is about running the ball and not turning it over,” said tight end Dwayne Allen. “Unfortunately, we turned it over too many times.”

“We kinda thought to win this game, no one had to do anything super hero,” said Hasselbeck. “We just had to do everything right. Play a clean game. Don’t shoot yourselves in the foot, and we sort of did.

“We didn’t do what we set out to do.”

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23 Wall Street, Concord, NH 03301
Phone 603-228-1196   Concord Community Music School on YouTube
Click here to email us.  facebook bug whiteBG

Songweavers: “We Are The World” Spring Concert

Songweavers: “We Are The World” Spring Concert

Songweavers Concert: “We Are The World”

Saturday, April 21, 5:00pm

Peggo Horstmann Hodes, director

Location: South Congregational Church, 27 Pleasant Street, Concord

Tickets: $20 adults; $15 students and seniors. Purchase tickets at the door; by phone at 603-228-1196; or click on a "book now" button (top of page) to buy online.

. . . . . . .

This year’s Songweavers theme is We Are the World, and is inspired by the final words of a poem written by Maya Angelou. Entitled “Human Family,” each stanza highlights the infinite and beautiful variety in human form and nature. Angelou concludes:

I note the obvious differences
between each sort and type,
but we are more alike, my friends,
than we are unalike.

Songweavers director Peggo Horstmann Hodes writes that the songs for this show were chosen to “Frame our natural diversity within the context of our greater humanity.” In addition to the concert-title song “We Are the World,” by Michael Jackson and Lionel Ritchie, the Songweavers will sing traditional and popular selections that reflect the ways that people are “more alike than unalike.”

Songweavers, New Hampshire’s original women’s community chorus, is a program of the Concord Community Music School in Concord, NH. The goal of Songweavers is to build community through singing together, and in particular singing about what binds us together and surpasses our differences. Through music, says Horstmann Hodes, the Songweavers “aim to touch and rekindle our common humanity, without fear, politics, or ideology.”

Several New Americans from the community have become active members of Songweavers, with enthusiastic support and mentorship by chorus members and the Music School, which is committed to supporting New Americans in pursuit of educational, employment, and partnership opportunities. On March 22, four of our talented young New American members – Yvette Mahoro, Deborah Elonga, Claudia Bahininwa, and Dorise Ndienganya, all students at Concord High School – were honored to join their teacher Peggo Horstmann Hodes in singing the National Anthem at the opening of the New Hampshire Legislative Session. They will be featured as a solo quartet in the Songweavers concert on April 21, singing a welcome song from their native Congo that they taught their fellow Songweavers.

The Songweavers will be accompanied by the Songweaver Drummers, a class at Concord Community Music School in African style hand-drumming, directed by Grace Schust and Lindsey Schust. Joining the Schusts on percussion will be Emilie Meadows and Peg O’Neil. The concerts will also feature Kent Allyn on piano and Paul Hodes on guitar.

For more information, visit www.ccmusicschool.org.

There will also be a Songweavers concert in Manchester on 4/15:

Sunday, April 15, 4:00pm
St. Andrew’s Episcopal Church
102 N. Main St., Manchester, NH
For tickets and information for the Manchester concert, call 603-622-8632

About the Concord Community Music School

Concord Community Music School is a member of the National Guild for Community Arts Education and is recognized nationally for program innovation and management excellence. Welcoming adults, teens, and children of all musical abilities, 50 teaching artists reach more than 33,000 people in four states with educational programs, concerts, workshops, and community partnerships. CCMS has received major funding from the National Endowment for the Arts, the Hearst Foundation, New Hampshire State Council on the Arts, Jane’s Trust, and the New Hampshire Charitable Foundation. The Music School has earned honors including the Governor’s Arts Award for Cultural Access Leadership; Riverbend’s Champion for Mental Health; Greater Concord’s Favorite Musical Instruction from Parenting New Hampshire Magazine; and New Hampshire Magazine’s Best Music School for Everyone.

Time & Location

Date 04-21-2018 5:00 pm
Cut off date 04-19-2018
Online registration is no longer available. To register, please call 603-228-1196.
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#320 Reading from a Good Book

Here’s the story of a remarkable person and her gutsy fight.

A friend handed me a book called First Gear, which he picked up at a reading. The cover shows an embroidered patch on leather, and says it’s a motorcycle memoir. The author’s face on the back resembles that of many women I ride with, but I didn’t know Lorrie Jorgensen until I turned the page.
I quickly realized this was no sweet tale told by a prim and proper lady. This is the story of someone who’s led a fairly rough life. At first I thought it was about outlaws … you know, those Harley riders who are drug dealing, gun-toting criminals that we love to hate but secretly wish we were a part of and are now on TV? Not you? Not me. I really can’t afford to be a part of any group that treats women like property. But this is not that story.
In the 1980s she rode a 400 Kawasaki, then a 650 Honda. Now she rides a 1600cc 2009 Dyna Super Glide Custom, and her life is a bit less safe than mine. She has multiple sclerosis. This could be the story of one woman’s battle with the disease—and she does do battle with it—but it’s not that story either. She writes, “Riding a motorcycle, I imagine, is like flying in a glider or parasailing, free and unrestrained, only a little noisier, with an internal combustion engine pushing the steel and rubber down the road.”
She speaks of the gap between her boots and the asphalt “waiting to scrape the best off of you,” being “the difference between exhilaration and death.” On a scorching summer day her armour is a half helmet, tattoos, jeans and a T-shirt.
She’s a survivor. “Experience tells me to always be aware and be on the lookout for the next person that’s going to kill me. I hope to see them first.” All this in the second chapter.
Many people enjoy impressive international adventures on bikes with knobby tires, but this is different. Lorrie starts in the Ottawa Valley. She’s 50 years old and looking back. Her solo trip describes places as they were in the 1970s—how they got their names and what they have become now, layered with stories from her childhood and youth. She and her Harley, Thelma D, make their way to Winnipeg, and loop back touring Quebec and Ontario.
The official reason for the journey? She needed to clear the cobwebs out of her head. It’s that story, and an impressive one.
She stops in motels with a history rather than the pristine, new ones. And when people question her choice of ordering soda at a bar she explains that she used to drink, and was really good at it. At AA meetings she heard the slogan that “one is too many and twelve not enough.” She relapsed twice and tells us that with one swallow she’d be heading toward the “ultimate intention of every addict. Death.”
The more I read the book, the more surprised I became. It’s the life story of a woman who reads like a man, who simply could not manage lipstick or dress any better than most guys can. There’s a sad but comic tale of one attempt working as a secretary when she fell off her heels and tore the blouse and nylons. After taking an Auto Body Repair program at Algonquin College she found her first career. And she found pride and self worth buried beneath the tragedies of her childhood and the way her mother tried to shame her by calling her what she was: butch. Lorrie is like so many women I know.
Bikers claim to be different, but often wear the uniform that goes with each make or model. But what’s it like when you don’t fit the expected gender image and get questioned every time you use a washroom? For me that trouble began with my first bike, and friends telling me I was dressing too masculine. You try kick starting a 500 Triumph in girly shoes! If I needed the steel shank in the arch for the Triumph, I really needed it for the 850 Norton! So that meant boots. Always. And in the 1980s, just wearing a leather jacket and riding meant I was male. So I got misgendered way back then because of riding a motorcycle. Still do. So does the author. Like me, she has a girlfriend, but from what I read, she’s not like me. She isn’t as fluid as I am. Never wears a dress and doesn’t have a choice. I make sure I stand out, loud and proud, for those who can never hide.
The sad thing is that so many children have experienced the same kinds of abuse as Lorrie. To quote Pat Benetar, “Hell is for children.” Not all get to grow up in the perfect 1950s family as portrayed on Leave It To Beaver. Why don’t they show week after week of loud drunken arguments, physical beatings and then the sexual predator who creeps into the bedrooms of the nation like a bad dream, promising worse if you tell?
Some parents are fighting against updated sex-ed in Ontario schools, which teaches children they have rights over their bodies and who they should tell if those boundaries are being crossed. They fight because it includes a lesson on homosexuality! And so the song of Luca, who lives on the second floor, continues to be sung.
Lorrie Jorgensen is the girl next door, telling about life in the small town Ontario she grew up in as she rides. Her honesty about fearing the road some days brings me back to my days of fearing border crossings and new countries. I’m always afraid dirt riding, too! Lorrie tells it one day at a time as we ride with her on slippery wet gravel, over a metal grate bridge, keeping eyes open for deer or moose. And like all rides, this could be the last. We never know what life will be like tomorrow, and if it will be a deer, advanced MS or some other thing that will stop us from riding or breathing. It’s good to remember that, and to cherish every ride.
In 1989 Lorrie took a position back at Algonquin College teaching Auto Body Repair. In 2002 she was accepted at the Tech Ed Program of the Faculty of Ed at Queens University. After graduating she taught shop at a secondary school in the Ottawa Carleton District. Do I need to point out how remarkable that is, in a world when less than one percent of women work in the trades? She no longer teaches full time due to health reasons. But she sure made it!
And then she wrote this book! Her life story is filled with so much emotion and insight. It’s a brilliant biker tale. I want to thank her for being so brave. I’m sorry when the story ends—but then I realize that it doesn’t. Only the book ends.
(First Gear is published by Inanna Publications. www.inanna.ca)

Keeping Canadian riders informed and entertained since 1980.


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Richest BillionairesRichest Business

Priscilla Chan Net Worth

Priscilla Chan Net Worth is
$14 Billion

Priscilla Chan Bio/Wiki 2018

Priscilla Chan Net Worth $14 Billion

Priscilla Chan, who famously became a billionaire thanks to the mega popular website he created. But Chan has had a fairly fascinating profession in her own right as a medical student. Her devotion to medicine and health, according to popular lore, affected Zuckerberg in adding an organ donor registry to Facebook. Chan met Zuckerberg while studying biology at Harvard, which she later graduated from using a degree in that field of study. After teaching science for around annually, Chan decided to go to medical school in the University of California, San Francisco. Having only just recently graduated in the spring of 2012, she’s set to start her career as a pediatrician very shortly. Her career choice is much more commendable given that as the wife of the ulta-rich Zuckerberg, she does not “have to” work at all — and yet she chose a career that will allow her to help many kids and their families.

Priscilla Chan married to his longtime boyfriend Facebook creator, Mark Zuckerberg , in a modest ceremony at his house in Palo Alto, California, on May 19, 2012. The couple, who met at Harvard have been together for nine years. The ceremony took place in Zuckerberg’s backyard. Priscilla graduated from medical school in the University of California, San Francisco, on May 14, 2012, the same day Zuckerberg turned 28.

Full NamePriscilla Chan
Net Worth$14 Billion
Date Of BirthFebruary 24, 1985
Place Of BirthBraintree, Massachusetts, United States
Height1.73 m
EducationUniversity of California, San Francisco (2008–2012), Harvard University (2003–2007), Quincy High School (2003)
NationalityUnited States of America
SpouseMark Zuckerberg (m. 2012)
ChildrenMaxima Chan Zuckerberg
ParentsYvonne Chan, Dennis Chan
SiblingsMichelle Chan, Elaine Chan
1Gave birth to her 1st child at age 30, a daughter named Maxima Chan Zuckerberg in late November 2015. Child's father is her husband, Mark Zuckerberg.
2Had 3 miscarriages before the birth of her daughter Maxima with her husband Mark Zuckerberg in November 2015.
3(May 19, 2012) Married her boyfriend of 9 years Mark Zuckerberg.

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ElevateDesignLoft2.jpgDesign thinking has brought the language of design into popular discourse across different fields, but it’s failings threaten to undermine the benefits it brings if they aren’t addressed. In this third post in a series, we look at how Design (and Design Thinking) can elevate themselves above their failings and match the hype with real impact.

In two previous posts, I called out ‘design thinkers’ to get the practice out of it’s ‘bullshit’ phase, characterized by high levels of enthusiastic banter, hype, and promotion and low evidence, evaluation or systematic practice.

Despite the criticism, it’s time for Design Thinking (and the field of Design more specifically) to be elevated beyond its current station. I’ve been critical of Design Thinking for years: its popularity has been helpful in some ways, problematic in others.  Others have, too. Bill Storage, writing in 2012 (now unavailable), said:

Design Thinking is hopelessly contaminated. There’s too much sleaze in the field. Let’s bury it and get back to basics like good design.

Bruce Nussbaum, who helped popularize Design Thinking in the early 2000’s called it a ‘failed experiment’, seeking to promote the concept of Creative Intelligence instead. While many have called for Design Thinking to die, it’s not going to happen anytime soon. Since first publishing a piece on Design Thinking’s problems five years ago the practice has only grown. Design Thinking is going to continue to grow, despite its failings and that’s why it matters that we pay attention to it — and seek to make it better.

Lack of quality control, standardization or documentation of methods, and evidence of impact are among the biggest problems facing Design Thinking if it is to achieve anything substantive beyond generating money for those promoting it.

Giving design away, better

It’s hard to imagine that the concepts of personality, psychosis, motivation, and performance measurement from psychology were once unknown to most people. Yet, before the 1980’s, much of the public’s understanding of psychology was confined to largely distorted beliefs about Freudian psychoanalysis, mental illness, and rat mazes. Psychology is now firmly ensconced in business, education, marketing, public policy, and many other professions and fields. Daniel Kahneman, a psychologist, won the Nobel Prize in Economics in 2002 for his work applying psychological and cognitive science to economic decision making.

The reason for this has much to do with George Miller who, as President of the American Psychological Association, used his position to advocate that professional psychology ‘give away’ its knowledge to ensure its benefits were more widespread. This included creating better means of communicating psychological concepts to non-psychologists and generating the kind of evidence that could show its benefits.

Design Thinking is at a stage where we are seeing similar broad adoption beyond professional design to these same fields of business, education, the military and beyond. While there has been much debate about whether design thinking as practiced by non-designers (like MBA’s) is good for the field as a whole, there is little debate that its become popular just as psychology has.

What psychology did poorly is that it gave so much away that it failed to engage other disciplines enough to support quality adoption and promotion and, simultaneously, managed to weaken itself as newfound enthusiasts pursued training in these other disciplines. Now, some of the best psychological practice is done by social workers and the most relevant research comes from areas like organizational science and new ‘sub-disciplines’ like behavioural economics, for example.

Design Thinking is already being taught, promoted, and practiced by non-designers. What these non-designers often lack is the ‘crit’ and craft of design to elevate their designs. And what Design lacks is the evaluation, evidence, and transparency to elevate its work beyond itself.

So what next?

Elevating Design

As Design moves beyond its traditional realms of products and structures to services and systems (enabled partly by Design Thinking’s popularity) the implications are enormous — as are the dangers. Poorly thought-through designs have the potential to exacerbate problems rather than solve them.

Charles Eames knew this. He argued that innovation (which is what design is all about) should be a last resort and that it is the quality of the connections (ideas, people, disciplines and more) we create that determine what we produce and their impact on the world. Eames and his wife Ray deserve credit for contributing to the elevation of the practice of design through their myriad creations and their steadfast documentation of their work. The Eames’ did not allow themselves to be confined by labels such as product designer, interior designer, or artist. They stretched their profession by applying craft, learning with others, and practicing what they preached in terms of interdisciplinarity.

It’s now time for another elevation moment. Designers can no longer be satisfied with client approval as the key criteria for success. Sustainability, social impact, and learning and adaptation through behaviour change are now criteria that many designers will need to embrace if they are to operate beyond the fields’ traditional domains (as we are now seeing more often). This requires that designers know how to evaluate and study their work. They need to communicate with their clients better on these issues and they must make what they do more transparent. In short: designers need to give away design (and not just through a weekend design thinking seminar).

Not every designer must get a Ph.D. in behavioural science, but they will need to know something about that domain if they are to work on matters of social and service design, for example. Designers don’t have to become professional evaluators, but they will need to know how to document and measure what they do and what impact it has on those touched by their designs. Understanding research — that includes a basic understanding of statistics, quantitative and qualitative methods — is another area that requires shoring up.

Designers don’t need to become researchers, but they must have research or evaluation literacy. Just as it is becoming increasingly unacceptable that program designers from fields like public policy and administration, public health, social services, and medicine lack understanding of design principles, so is it no longer feasible for designers to be ignorant of proper research methods.

It’s not impossible. Clinical psychologists went from being mostly practitioners to scientist-practitioners. Professional social workers are now well-versed in research even if they typically focus on policy and practice. Elevating the field of Design means accepting that being an effective professional requires certain skills and research and evaluation are now part of that skill set.

Designing for elevated design

This doesn’t have to fall on designers to take up research — it can come from the very people who are attracted to Design Thinking. Psychologists, physicians, and organizational scientists (among others) all can provide the means to support designers in building their literacy in this area.

Adding research courses that go beyond ethnography and observation to give design students exposure to survey methods, secondary data analysis, ‘big data’, Grounded Theory approaches, and blended models for data collection are all options. Bring the behavioural and data scientists into the curriculum (and get designers into the curriculum training those professionals).

Create opportunities for designers to do research, publish, and present their research using the same ‘crit’ that they bring to their designs. Just as behavioural scientists expose themselves to peer review of their research, designers can do the same with their research. This is a golden opportunity for an exchange of ideas and skills between the design community and those in the program evaluation and research domains.

This last point is what the Design Loft initiative has sought to do. Now in its second year, the Design Loft is a training program aimed at exposing professional evaluators to design methods and tools. It’s not to train them as designers, but to increase their literacy and confidence in engaging with Design. The Design Loft can do the same thing with designers, training them in the methods and tools of evaluation. It’s but one example.

In an age where interdisciplinarity is spoken of frequently this provides the means to practically do it and in a way that offers a chance to elevate design much like the Eames’ did, Milton Glaser did, and how George Miller did for psychology. The time is now.

If you are interested in learning more about the Design Loft initiative, connect with Cense. If you’re a professional evaluator attending the 2017 American Evaluation Association conference in Washington, the Design Loft will be held on Friday, November 10th

Image Credit: Author

Posted by Cameron D. Norman

I am a designer, psychologist, educator, and strategist focused on innovation in human systems. I'm curious about the world around me and use my role as Principal and President of Cense Ltd. as a means of channeling that curiosity into ideas, questions, and projects that contribute to a better world.


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Plymouth, MN

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Lanse, MI

I am here to help you get into business or to help you solve a business problem. View Mentor Profile

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Madison, WI

I can help you with nonprofit and professional organizations, educational services, arts and entertainment, as well as strategic planning, leadership issues, governance and busines View Mentor Profile

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You can rely on us for help with fixed operations facility layout and analysis, compensation plans, job descriptions, and much more.

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Happy New Year!

Happy New Year everybody! 2012 is here and it’s going to be a good one!

Just a few quick updates for this post…

First things first, sorry for the extreme lack of updates, the MKV front is getting a little older and a little quieter. That’s alright though, the MKV generation of cars has been holding up pretty well. The FSI follower problem has been troublesome for a lucky few and there are various small sensor/peripheral problems (thrust sensor, low pressure fuel pump, pcv and diverter valves etc.)  that owners have had to deal with but overall, the cars have been robust. Maintenance just needs to be kept up to date. I recently rolled past 108,000 miles and the car runs great.

Still coming for the month of January:

The recently mentioned aftermarket cam follower is still awaiting final finishing but the company states that it should be released as soon as this month. This follower is supposed to provide 3x the life of the OEM follower by using a different surface treatment (hard chroming). If the product lives up to its promises, FSI owners can rest just a little bit easier about their cam follower issues.

The Koni Yellow Dampers are holding up well and I think I finally got the rebound settings perfect for the stock springs. When you have adjustable dampers, it’s almost impossible to just pick a setting and not fiddle with them. They tempt you at every corner. I’ll do a write up with the settings soon.

3 thoughts on “Happy New Year!

    • I’m assuming that the Golf TDI is the equivalent of the GTD over there? The TDI is actually on my next car list. I’d love to move over to a MK6 TDI but I can’t really justify it yet. The car is running well and is in great condition. I can’t let her go just yet, she’s been too good to me. I do love the TDI’s though.

    • There are a number of options in the Diesel range now with the main ones being 140 PS and 170 PS (GTD). The newer models moved over to common rail injection and are supposed to be very smooth. The new GTD has been comfortably remapped to 200 BHP with 400+ NM of Torque and this is all DPF friendly. The DSG gearbox has also handled the added torque with no reported issues.

      Late models in the MK5 TDI range that had the DPF (Diesel Particulate Filter) fitted seemed to have initial problems with clogging but this was probably down to the driving style. The DPF is self regenerating but requires Exhaust Gas Temperature to be high enough to remove soot and pressure build up.

      With this you can see 50 MPG as well. Diesels dont seem as popular in the US but they popular in Europe even with the higher cost of fuel.

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BenQ releases range of displays for business and education

13 Sep 18

 BenQ is releasing a range of new display products for the business and education markets.

The RP Series Germ-Resistant and Smart Eye-Care Interactive Flat Panel will come in 165cm (65”), 178cm (70”), and 218cm (86”) versions.

The full lineup of Dustproof Laser Projectors includes a 4K projector, short throw projector, ultra short throw projector, and fixed lens projector, plus, the new generation of wireless presentation device InstaShow.

BenQ Dustproof Laser Projectors are equipped with BlueCore technology and can run continuously for longer than 20,000 hours without replacement.
The IP5X-rated Dust Guard technology means that the dust filters block particulate matter as small as 2.5 micrometers (PM2.5) and 90% of all airborne dust particles.

The projectors equipped with Dual Colour Wheels to deliver precise, realistic colour and accurate 95% coverage of the Rec. 709 colour gamut.

Due to the laser light source, installation options are flexible, such as central lens design, 1.5x big zoom, dual-axis H/V lens shift, 360° vertical projection, and two-dimensional keystone correction with Corner Fit for diverse mounting needs.

Interactive Flat Panel also includes an air quality sensor which is capable of detecting CO2 intensity indoors.

EZWrite 5.0, the annotation tool on all BenQ’s new RP Series IFPs comes with the original features – handwriting recognition, floating tool, calculator, and palm eraser, plus - cloud whiteboard, dual pens and brush mode.

Cloud Whiteboard lets users collect, categorise, edit, and share ideas between the IFP and mobile devices without geographic restrictions and user limits.

Dual pens allow two users to write or draw simultaneously with different colours, eliminating the need to change the pen’s colour.

In order to facilitate the process of device and user account management for both end users and IT staff, account management system (AMS) is designed to manage unlimited user accounts and device settings.

AMS also allows end users to access their personalised workspace environment and settings on any IFP that they have logged into.

Featuring AES 128-bit security encryption, the new InstaShow WDC20 is a wireless presentation device that supports mobile devices and up to four different split screens.

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Device vendors gear up for the Singles’ Day sales event in China

01 Nov 16

Vendors are gearing up for the Singles’ Day event in China, with the highly anticipated sales event heralded as the Black Friday in the west.

The sale is set to take place on 11 November, however several retailers start their promotions from the start of the month.

According to IDC, competition on Singles’ Day is so intense that many device vendors form a marketing team just for this sale.

“They will be camping in the offices of Tmall and on 10/11 November so that they can make quick changes to their strategies to compete with other vendors,” the analyst firm says.

IDC says smartphones, notebooks, monitors, 2-in-1s, drones, smart robots and wearables are expected to be key products this year that will be most sought after by consumers. Vendors will also focus more on their technological capabilities in their marketing messages.

These are some key highlights of vendors’ strategies for Singles’ Day in 2016:

1. Live streaming by celebrities

Vendors will be using more interactive methods to reach out to consumers. Celebrity endorsers of various brands will be using live streaming to reach out to consumers and to market the brands during the Singles’ Day sale. CEOs of certain vendors are also expected to do the same in front of the camera.

2. Launch of new products through pre-orders to drum up attention

Towards the end of October, vendors have already started offering the option of pre-orders for some of their items. This largely serves two purposes. Firstly, it helps vendors to get a gauge of the demand for their products to better manage their inventory. Additionally, this pre-order is only for a limited period of time and consumers may feel pressured to sign up for it to purchase the products. If consumers choose the pre-order option by paying a deposit in advance, they can secure the product at a low price during the sale.

3. Competition between key vendors

a) LeEco versus Xiaomi. In the smartphone market, the Le Pro Series and Mi 5s are two direct competing products. The demographics of consumers for these two brands are largely similar, and they both focus on the 5<5.5 inch segment and having a full HD display, with prices in the mainstream US$220<US$300 range. Both vendors which have a focus on online channels need to use Singles’ Day to prove their position in the market.

b) HP versus ASUS. Lenovo has maintained its strong number one position in the gaming PC market in China. However, HP’s gaming notebooks have also been on the rise recently, affecting ASUS’ second place in the market. Both vendors have not been able to obtain high market share for the ultra-slim notebook market. To increase their market share, there will be intense competition between these two vendors during the Singles’ Day sale.

c) Lenovo versus Dell. In the ultra-slim notebook segment, Lenovo’s Xiao Xin Air and Dell’s Ran have been emphasizing two key trends in the consumer notebook market, being ultra slim and having a slim border. Both vendors also hope to target the mid-range to high-end market. It will be interesting to see how they market their ultra-slim products during this sale.

With the market maturing, IDC expects the Average Selling Price (ASP) for devices during Singles’ Day to be higher than that of the previous year.

Consumers are seen to have a greater need for better products and we expect them to be willing to pay more for these devices,” explains Xiaohan Tay, senior market analyst, Client Devices Research, IDC Asia/Pacific.

“Additionally, vendors are also marketing a wider variety of products, trying to push more mid- to high-end products and are seen moving away from the low-price competition as seen in the previous years,” Tay says.

“Other than what we have mentioned above, we expect competition among vendors to be intense this year and it will be interesting to see what other strategies they try to use to stand out from their competitors.”

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