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Compliance Issues For Retirement Plan Trustees - Part I

Friday, July 1, 2005 - 01:00

Part II of this article appears in the August 2005 issue of The Metropolitan Corporate Counsel.

Congratulations! The financial services company for whom you work has made you responsible for its employee benefit trust business. The good news is that U.S. pension assets are estimated to be $5.5 trillion, and approximately 25 percent of all U.S. equities are held by pension plans. This is quite a responsibility. You can buy that new house now.

The bad news is that five separate federal agencies regulate employee benefit plans and trusts: the U.S. Department of Labor (DOL), the Internal Revenue Service (IRS), the U.S. Securities and Exchange Commission (SEC), the Pension Benefit Guaranty Corporation (PBGC), and the Office of the Comptroller of the Currency (OCC). One federal statute, the Employee Retirement Income Security Act of 1974 (ERISA), is devoted entirely to the regulation of employee benefit plans, trusts, and fiduciaries. (Did we mention that you may now be a fiduciary?) Significant portions of the Internal Revenue Code (Code) and several other federal statutes also apply to employee benefit plans. This is quite a responsibility. You better keep reading.

Compliance with the myriad federal statutes, regulations, and ever-evolving court decisions applicable to retirement benefits is a full-time job. Failure to comply with such authorities is costly because each of the relevant statutes imposes civil and criminal penalties potentially applicable against plan sponsors, administrators, and/or fiduciaries. ERISA also permits aggrieved plan participants to sue the plan and/or its fiduciaries for damages.

Although the complexity of the law and regulations governing employee benefit plans and trusts is burdensome, this complexity creates opportunities for employee benefit professionals. A professional who understands the intricacies of the law and regulations can do more than keep his or her clients out of trouble. This professional can assist the benefit plan client in achieving the following goals:

  • providing cost-efficient benefits to employees;

  • designing state-of-the-art benefit plans for employers;

  • providing benefits that attract, retain, and motivate employees;

  • receiving optimal investment performance on plan assets; and

  • ensuring the receipt of all the information to which the client is entitled and needs to satisfy the legal requirements applicable to the plan.

However, in addition to providing superior client service and innovative design ideas, a bank employee benefit professional also must protect the bank (or trust company) from fiduciary liability under the applicable law. Compliance with the law is a key aspect of providing protection. Anticipating problems and spotting issues that could lead to future problems, however, may distinguish the outstanding trust professional from one who is merely competent.

Each year brings more laws from Congress; more pronouncements, regulations, and rulings from the IRS, the DOL, the OCC, and other agencies; and more significant new cases from the federal courts. These developments make the professional's life more difficult. This article will describe the laws that relate to employee benefit trusts and the federal agencies that administer the laws.

ERISA And The U.S. Department Of Labor

The DOL has the primary authority to enforce the requirements of ERISA. The express purpose of the U.S. Congress in passing ERISA was to protect the interests of participants and beneficiaries in employee benefit plans. Accordingly, ERISA imposes a variety of specific duties and responsibilities on entities and individuals who are fiduciaries with respect to an employee benefit plan.

Fiduciary Duties. ERISA Section 404 requires that a fiduciary discharge its duties with respect to a plan:

  • solely in the interests of participants and beneficiaries;

  • for the exclusive purpose of providing benefits to participants and beneficiaries and defraying the reasonable expenses of administering the plan;

  • with the care, skill, prudence, and diligence under the circumstances then prevailing of a prudent person expert in such matters; and

  • in accordance with the plan documents, insofar as such documents are consistent with ERISA.

If a fiduciary fails to meet ERISA's standard of conduct, the fiduciary is personally liable for any losses resulting from the breach of fiduciary duty. ERISA permits the DOL, the plan administrator, and participants or their beneficiaries to bring an action against the fiduciary. Civil and criminal penalties also may apply.

Who Can Sue: Four types of persons may sue under ERISA: plan participants, plan beneficiaries, plan fiduciaries, and the DOL. ERISA Section 502 provides that such persons may bring the following types of lawsuits:

  • claims related to benefits;

  • claims for breach of fiduciary duty;

  • suits based on violations of ERISA's reporting and disclosure requirements; and

  • suits by the DOL to recover penalties for prohibited transactions and breach of fiduciary duties and to enforce other provisions of ERISA.

ERISA also authorizes participants, beneficiaries, and fiduciaries to bring actions to (i) enjoin any act or practice that violates ERISA or the terms of a plan, or (ii) obtain "other appropriate equitable relief" to redress such violations or enforce ERISA or the terms of a plan. Participants may bring claims based on promissory estoppel (e.g., wrong information in a summary plan description) under this section. The Supreme Court has held that plan participants and beneficiaries can bring claims under ERISA on behalf of themselves for individual relief (as opposed to bringing a claim for the plan).

Retaliation. ERISA also prohibits taking discriminatory or adverse actions against a participant or beneficiary for exercising rights to which he or she is entitled under an ERISA plan and interfering with the attainment of rights protected by ERISA.

Prohibited Transactions. ERISA prohibits a fiduciary from entering into a transaction that it knows or should know is a direct or indirect transaction with a party in interest. ERISA also prohibits a fiduciary from dealing with plan assets for its own benefit or where it has a conflict of interest. Examples of the types of prohibited transactions that have led to litigation with the DOL or the IRS include the following:

  • purchases or sales of assets to related parties;

  • loans or extensions of credit to related parties;

  • directing business to a related party;

  • paying excessive compensation to a fiduciary or related party;

  • the use, transfer, or commingling of plan assets by a fiduciary;

  • transactions in which the fiduciary is on both sides; and

  • the acquisition of employer securities or real property in excess of allowable limits.

The Internal Revenue Code And The IRS

If a retirement plan satisfies the various "qualification" requirements of the Code, it is "qualified" for favorable tax treatment. The Code provides the following favorable tax treatments to qualified plans:

  • The employer's contributions to the plan are immediately deductible.

  • Employees can make before-tax contributions to the plan.

  • Employer and employee contributions allocated to an employee's plan account are not taxable to the employee.

  • Employer and employee contributions accumulate investment earnings in a fully tax-exempt trust.

  • Plan distributions may be eligible for rollover and net realized appreciation treatment for employer securities, thereby further deferring taxation.

  • Benefits are not counted toward determining "excess parachute payments" under code Section 280 G.

IRS Filings. Retirement plan sponsors must file their plans with the IRS for a favorable determination that the plans meet the qualification requirements of the Code. The plan sponsor must make other filings with the IRS to (i) request a favorable determination upon termination of a retirement plan, (ii) request the approval of a change in a plan or trust year, or (iii) notify the IRS in advance of certain mergers, consolidations, or transfers of plan assets or liabilities. Additionally, the retirement plan trustee or other "payors" of designated distributions, including all distributions from qualified retirement plans, P.S. 58 costs, death benefit payments, and distributions from nonqualified retirement plans to beneficiaries of deceased employees, must file Form 1099-R with the IRS.

Reporting Requirements. The Code requires plan administrators to file Annual Report Form 5500 with respect to any retirement and welfare benefit plans. Although banks seldom act as plan administrators with respect to employee benefit plans, the reporting and disclosure requirements generally are relevant to banks in the following respects:

  • Banks are required to provide part of the information necessary for the plan administrator to prepare the required governmental filings.

  • When the bank is the payor of benefit plan amounts, certain reporting responsibilities apply to it directly.

  • Certain information provided in participant disclosures may relate to the bank's role as trustee or investment provider with respect to the plan.

Required Forms of Distribution. The Code mandates specific forms of distribution for defined benefit pension plans and some individual account plans. We sometimes call these mandated forms the "normal form of benefit" under the plans. Most individual account (or defined contribution) plans provide for distribution in a single lump sum. However, the normal form of benefit under a defined benefit (or money purchase) pension plan must be

  • a joint and 50 percent survivor annuity (for a participant who is married at the time his or her benefits are to commence); or

  • a fixed annuity for life (for an unmarried participant).

Other optional forms may be available to the participant, such as a single-life annuity or even a lump sum. However, a married participant may elect such optional forms only with the written consent of his or her spouse.

Consent for Distributions Exceeding $5,000. A retirement plan (or a plan administrator) cannot make (or force) a distribution to a participant prior to age 62 (or the normal retirement age set forth in the plan, if later) if the participant's account balance or accrued benefit has a present value exceeding $5,000. The participant's consent must be in writing. Additionally, automatic distributions in excess of $1,000 must be paid directly to an IRA, if the plan participant fails to direct otherwise. After the participant has attained normal retirement age, the consent requirements no longer apply.

Withholding Requirements Applicable to Distributions. Code Section 3405 requires withholding for federal income taxes at a 20 percent flat rate for any distribution of more than $200, if the distribution is an "eligible rollover distribution" and the participant does not directly roll over to an IRA or another employer plan. Distributions that are not eligible for rollover remain subject to elective withholding (i.e., the payee may "elect out" of withholding).

The plan administrator of a qualified retirement plan is generally responsible for the withholding of federal income tax from a designated distribution and for payment of the withheld tax. The plan administrator may be relieved of liability for federal income tax withholding if it transfers this responsibility to the payor. To transfer the liability, the plan administrator must direct the payor to withhold federal income taxes and give the payor the information necessary to correctly compute the withholding tax liability. The plan administrator must explicitly inform the payor of the information that would be reportable on the Form W-2P or 1099-R or that such information is not applicable to a particular participant, payee, or distribution.

Michael S. Melbinger is the lead partner and global head of Winston & Strawn's employee benefits and executive compensation practice group. He can be reached at (312) 558-7588.

Please email the author at with questions about this article.


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Yield Processing

In your Precision Advantage binder you will find the following:

  1. The Client and farm locator with aerial photos of your farm and the surrounding area lists field names and acres. These photos and the outline of the farm provide a fail-safe method of identifying and locating your operation for purposes of delivery, input application, communication to value-added processors, landlords, etc.
  2. The FarmShot will give you an overall perspective of the variability across crops and over the entire farm. Use the FarmShot to pinpoint problem areas such as variety differences, drainage issues, and soil type/variety performance.
  3.  Field Operationsinclude operational reports like planting, fungicide, herbicide, nitrogen and any other attribute that you collect with GPS throughout the growing season. And Soil Type maps with crop specific NRCS yield goals* to compare how your yields measure up to the soil types potential.
  4.  Basic Yield Mappingincludes field level Yield, Moisture, and soil type maps. Each yield map comes with Min, Max, and Average bushels per acre, plus total harvested bushels. Use the yield maps to look at within field variability, determine average bushel per ac. and total bushels harvested for each field. Moisture maps show varieties that dry down faster in the field.
  5. To get a better feel of your profit per acre use the Net Income Analysis. The net income analysis takes your average bushels per acre, every 15 feet, and multiplying it by your selling price and then subtracting it by the cost per acre. The cost figures used in Net Income analysis is just operational cost; fixed costs will not be included. You will be required to calculate your own cost per acre per field before this analysis can be run.
  6. On-Farm Trials will allow the producer to compare 2 or more variables to dry yield. Say for instance, you would like to look at soil type by variety by population or how your corn yielded with and without N-serve or if treated seed help to improve yields. The maps and graphs will help you make decisions for next year.
  7.  Crop Removalcan be a great program to actively manage your fertility levels with your yield monitor. First Intensively soil sample your field. Then we can use the past 1 or 2 years worth of yield data for yield goals.
  8. After you have collected yield data for over 5 or more years, you can look at Multi-Year Yield Analysis. The Multi-Year Yield analysis derives high, medium, and low management zones from at least 5 years of yield data. From these management zones, we calculate the highest average corn and soybean yield goals then use the yield goals for VR plant food, nitrogen, and seed recommendations. If intensive sampling has already been done on the field, then we can create a sampling scheme based on past fertility and management zones.
  9. After your Management zones have been created, we will plot out your field with multiple 30’ by 100’ test strips in each of the management zones. Each test strip will have different rates of Nitrogen or Populations to determine what the Economic Optimum Nitrogen or Seeding Rate (EONR & EOSR) for each management zone in your field. A recommendation file with the different plot rates will be created for your monitor so is all you have to do is load the file and drive.
  10. From the EONR and EOSR study, we will create Variable Rate Recommendations for on-the-go application of nitrogen and seed populations.
  11.  Regional Analysisis getting a group of producers from a similar geographical region together and pooling their data to obtain a sound conclusion about their given area. Regional Analysis is still in its infancy stage. If you are interested, ask your Precision Representative how you can get involved in Regional Analysis.


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Questions? 1-800-826-8563

Arctic Cat Dayco HP (High Performance) Drive Belts

Arctic Cat DAYCO HP (High Performance) Snowmobile Belts...Manufactured from aramid reinforced polychloroprene rubber compound and p-aramid cord to ensure superior strength, long-lasting dimensional integrity and longer belt life, this snowmobile belt ensures the dependable, smooth performance that you and your family prefer for leisurely, carefree days of trail riding.


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Ten Thousand Villages sale is underway

'Holiday Warmth Nativity,' handcrafted and hand-painted ceramic made in Peru, at the Ten Thousand Villages sale at the Mercer Island Presbyterian Church, Nov. 29, 2012.
— image credit: Rebecca Mar/Staff Photo

The annual Ten Thousand Villages sale opened today at the Mercer Island Presbyterian Church and will continue through this weekend.

Handcrafted items from around the world are featured, ranging from Nepalese hats and scarves to olive wood nativities from Israel, a selection of Christmas cards, and jewelry from various nations. Items are as unique as Colombian orange-peel angel ornaments and a gecko-and-guitar made from strips of recycled soda cans in South Africa.

The Mercer Island Presbyterian Church has been hosting the sale for at least 20 years, said volunteer Judy Ginn. Seventy-five volunteers are helping with this year's event.

Ten Thousand Villages is a Christian fair trade retailer that serves as a bridge between artisans in their villages — in 38 countries — and external markets. Established in 1946, it is also a founding member of the World Fair Trade Organization (WFTO).

Artisans receive half of their payment up front, which helps them to afford their supplies, and then receive the remaining half of their profit upon the delivery of their goods.

"They have a consistent source of income and they earn a fair price," said volunteer Cindy Fennell.

Sale hours are 9 a.m. to 5 p.m., through Dec. 1. The sale will also be open on Sunday after church services.

For more information, go to

Below, Sioux Thompson (right) shops with volunteers Penny Livingston and Patricia Darling; Judy Ginn, a volunteer, holds a smiling angel ornament; and Christmas stockings handmade by artisans in Nepal partnering with Ganesh Himal Trading.

We encourage an open exchange of ideas on this story's topic, but we ask you to follow our guidelines for respecting community standards. Personal attacks, inappropriate language, and off-topic comments may be removed, and comment privileges revoked, per our Terms of Use. Please see our FAQ if you have questions or concerns about using Facebook to comment.

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• Slideshows
  • Videos

Calling All Kinderwhores

The 90s were a transitional period. We were coming down from our 80s cocaine high and settling into a new world that was relatively peaceful and prosperous. President Bill Clintons most pressing problem was keeping his wandering eye for full-figured interns in check. The nations biggest crisis was the supply of AOL phone numbers for our 56k modems to call. That and our mom wouldnt stop picking up the phone, causing us to disconnect and hear the dreaded Goodbye. Compared to the post-9/11 world we live in, the 90s were awesome, and helping us relive that great decade are Sweat Records and the Vagabond. Its time to sport our favorite kinderwhore or Contempo Casuals attire, because the two indie forces are hosting 90s Homecoming. There is no preparty matchup between football rivals, but there will be music provided by the citys purveyors of cool. Heres hoping the playlist includes 90s grunge, bubblegum pop, and ska. The party starts Sunday.
Sun., May 29, 10 p.m., 2011

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Dominique Young Unique Shows Off Her Bling in New Video for "The World is Mine"

Photo by Thomas Giddings

Is Dominique Young Unique looking in the mirror in her new video for "The World is Mine"? She might as well be, as she's extremely aware of the camera, staring straight at it and smiling.

The spunky, fashion conscious Tampa-based hip-hop artist effortlessly mixes hip-hop with EDM and a little Miami bass, and made waves when she took to the stage at SXSW this year. She received even more attention when Pitchfork, MTV, and The Fader mentioned the 19-year-old's release of her video for "Show My Ass" in March.

Her latest video effort isn't too far of a stretch from her previous vids, but it takes us on what feels like a more glamorous day-in-the-life-of voyage through her beautifying process. Think: Getting her nails done, fixing her hair, and showing off a ton of glitzy jewelry. But if you're not into fashion, don't worry, there's more.

She dances, smiles, waves, and raps with what look like two hipster models behind her with a wall covered in photographs as the backdrop.

But then she's at a show, rapping in a midriff bra top while the hands raise in what looks like an all guy crowd. If this video doesn't shout "girl power," we don't know what does. Check it out below, and tell us what you think.

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Five Best Concerts in Miami This Week

Get your Slow Roast on with DJ Craze.
Get your Slow Roast on with DJ Craze.
Photo by Liliana Mora

Music is what makes the world go 'round.

And when you have jazzy tunes by bebop legend Ira Sullivan, soulful brass from the New Orleans Soul Rebels, and EDM from beat masters DJ Craze and Kill the Noise, music is what makes the work week fly by.

Here are the five best concerts going down in the Magic City.

See also: New Times' Concert Calendar

Ira Sullivan. Wednesday, January 15, 12:15 p.m., Coral Gables Museum, 285 Aragon Ave., Coral Gables; 305-603-8067; Free. Musical legends are forever. Just take a look at Ira Sullivan. Ever since his mother taught him how to play the sax and his father showed him how to perfect the sound of the trumpet, the jazz maestro has never stopped working. That's because "real musicians don't quit working." And that's why he continues to grace audiences with his jazzy tunes at 82.

See also: Ira Sullivan on Still Playing Jazz at 82: "Real Musicians, We Don't Quit Working"

Jefferson Starship. With the Little River Band. Friday, January 17, 8 p.m., Magic City Casino, 450 NW 37th Ave., Miami; 305-649-3000; Tickets cost $20-$125 plus fees via Jefferson Starship survived the mullets and thick black eyeliner of the '80s; they made it pass the "Winds of Change" in moniker and musical direction at the time (Jefferson Airplane or Starship ring any bells?), and are still rockin' it today, more than 40 years later. Looks like the big-haired crew always seems to "Find [Their] Way Back" to the music.

The Soul Rebels. With the Molly Gene One Whoaman Band and DJ Haitian Hillbilly. Saturday, January 18, 10 p.m., Will Call, 700 NE 2nd Ave., Miami; 305-577-5900; Tickets cost $10-$150 plus fees via The Soul Rebels are gonna "rock the house" and "put you in the Rebel Zone" with their heavy Orleans brass and Big Easy soul. Consider yourself warned.

See also: Soul Rebels' Lumar Leblanc on Drum-Battling The Roots' Questlove: "I'd Love the Challenge"

Kill the Noise. With DJ Craze, Sluggers, and Louie Arson. Presented by Poplife, Culture, and Electric Love. Saturday, January 18, 11 p.m., Grand Central, 697 North Miami Ave., Miami; 305-377-2277; Tickets cost $20 plus fees via Get ready for a massive explosion of bass and chicharrones with DJ Craze, Kill the Noise, Sluggers, and Louie Arson at the Slow Roast Records showcase.

See also: DJ Craze and Kill the Noise's Slow Roast Records: A Five-Part History

Tone of Arc. With Will Renuart and Andrew Ward. Saturday, January 18, 11 p.m., Electric Pickle, 2826 North Miami Ave., Miami; 305-456-5613; Tickets cost $15-$20 plus fees via Watch the "[night] sky begin to fall" into daylight and see how "all things pass into the night" with the nu-disco tunes of Tone of Arc.

See also: Tone of Arc's Live Show: "Sexy Vibes and Our Story as Gooey Disgusting Lovers"

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Miami Chum Bucket Relocates Perdition and Crazy Spirit Show to Churchill's Pub

DIY punk venue Miami Chum Bucket recently had a run-in with John Law and it's now on hiatus.

The venue had a lot of shows booked in the next couple of months, and its uncertain status is a definite downer for a scene that has recently experienced a swell in interest and support for indie punk.

On the upside, it seems like Thee Chum Bucketiers have been able to reschedule their showcases at other venues, lineups perfectly intact.

While many swear by the physical venue's "by punks, for punks" infrastructure (consensus meetings, volunteer staff) and services (show/practice space, distro, centralized clubhouse), punk and hardcore aficionados also laud the Bucket's curatorial prowess. Just take next Saturday's show: A lineup with five acts, three of which are from out of town and two of which are from out of state? Most excellent.

Perdition and Crazy Spirit are a pair of bands spawned from the NYC punk scene revolving around the ABC No Rio collective. Perdition delivers an efficient one-two punch of crunching, barking, studs-and-butt-flaps crust punk, while Crazy Spirit serves up a more ambitious amalgamation of raw hardcore speed and production, alongside clever pop-punk melodies, which often manifest in the vocalists cartoonishly snotty vocals.

Figure in Florida d-beat kings, Mauser, alongside Chum Bucket staples Eztorbo and Guerrilleros De Nadie and this show is ground zero for a punk in South Florida trying to keep shit real.

Perdition and Crazy Spirit with Mauser, Eztorbo, and Guerrilleros De Nadie, presented by Miami Chum Bucket. Saturday, May 28. Churchill's Pub (Back Patio), 5501 NE Second Ave., Miami. The show starts at 8 p.m. and admission costs $6. Visit

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When Fathers Say 'No More' to Domestic Violence and Sexual Assault

by Michael Bolton - June 14th, 2013 - Huffington Post

Because fathers have a special role in their children's lives, they also have a remarkable opportunity to share lessons that can influence and impact their sons and daughters in significant and enduring ways. But how many of us have actually taken time to sit with our sons and daughters to discuss a subject of tremendous consequence -- how to have healthy relationships?

Proudly, I join fathers around the country today in urging dads to have serious and substantive conversations with their sons and daughters, not only about the perils of drugs and alcohol or the importance of education, but about what it means to have healthy relationships.

Too often, we see the horrific results of the mistreatment of women and children on the evening news and in crime statistics. Every 15 seconds, a woman is abused by her partner. Nearly three out of every four Americans knows someone personally who is or has been a victim of domestic violence. Sex trafficking -- especially of young children -- is increasing at alarming rates across our country. And while we stand tall and proud with those men and women who have served and continue to serve in our military, we have seen even those institutions shaken by the scourge of sexual assault -- 26,000 members of the Armed Forces were sexually assaulted in just one year.

For two decades, The Michael Bolton Charities has been dedicated to responding to the needs of children and women at risk. It has been encouraging and inspiring to be joined in this effort by people who believe, as I do, that we must end the cycle of domestic violence and the lasting damage it inflicts on our families and our communities. Providing effective responses that offer real, life-changing opportunities is at the heart of our work, and our commitment has not wavered.

It has been estimated that as many as 10 million children witness assaults by one parent against another each year. We recognize that domestic violence places children, as well as women, in harm's way. Our determined efforts continue across the country, most notably in Connecticut and Nevada, where visionary leaders and everyday citizens are coming together to advance effective strategies, legislation and solutions that work, and that matter.

For all of these reasons, I support a new initiative called NO MORE. It aims to get men talking about these serious issues. New data from a NO MORE survey, sponsored by the Avon Foundation for Women, shows that on this subject, fathers have been virtually silent. Three out of four men nationwide say they have not talked about domestic violence or sexual assault with their children. And so, as fathers, we can wait no more. We must all begin the conversation, close to home, with each of our children. As fathers, we must continue the conversation with leaders in business and our government. And, as fathers, we must fully engage with our educational system so boys can be taught in the developmental stages that you can never be a real man and be violent with a woman.

As fathers, we must fight to keep VAWA (Violence Against Women Act) fully funded and declare war on human trafficking in our country and everywhere it exists. We need to evolve in our perception and treatment of young women everywhere. It is important to say, free of ambiguity or hesitation, that violence and abuse, power and control, are never acceptable. That's precisely where dads come in. I am firmly convinced that we can cause a chain reaction of hope if our children hear directly from us precisely why healthy relationships must be a priority. Every day. Every night. In every way.

Such a conversation may be difficult to start. here are resources to help, and they are included at www.michaelboltoncharities.com and www.nomore.org. Your involvement has never been more meaningful, or more necessary.

As the son of marvelous parents, the father of three daughters and the grandfather to two magnificent granddaughters, I am very fortunate. Yet, the magnitude of this issue surrounds me every day.

This Father's Day can be remembered as the day when we fathers turned a collective corner, reducing domestic violence and sexual abuse to an aberration, not an everyday occurrence. Together, we can articulate NO MORE through conversations started, voices raised and actions taken. By doing so, this will truly be a Father's Day worthy of every father and every child because the greatest gift we can offer our children on their fathers' day is the ability to have and sustain healthy, mature relationships, built on respect and trust.

Multiple Grammy Award winning songwriter and recording artist Michael Bolton is Chairman of The Michael Bolton Charities, Inc., which recently marked two decades of providing support to children and women at risk.

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Legislation watch
Mackinac Center for Public Policy
Capitol Building

2013 Senate Bill 454: Ban sex offender’s participation in Halloween, birthday parties, etc.
  1. Introduced by Sen. Tonya Schuitmaker (R) on July 31, 2013, to prohibit convicted sex offenders whose crime involved a minor from participating in Halloween costumes and “trick or treats,” children’s birthday parties, and similar non-holiday activities involving minors.
    • Referred to the Senate Judiciary Committee on July 31, 2013.


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Mid-Michigan: Newsmakers Mar. 6, 2009

Citadel Cuts In Saginaw: The CITADEL budget axe got a workout at the SAGINAW, MI cluster today, cutting loose two talented programmers. Gone are Top 40 WIOG PD/afternoon host JERRY NOBLE as well as Active Rock WKQZ PD/afternoon jock HOSER. (Fri, 3/6)

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Insect Cells in Culture

Insect cells, as with other animal cells, feature a cell membrane, nucleus, mitochondria, and other internal organelles and macromolecular assemblies. Unlike plant cells, equipped with environmentally resistant plant walls, insect cells must able to balance internal and external ionic solutions of potassium and sodium. This is particularly problematic for aquatic and wetland species that spend at least a significant portion of their life stages submerged in water, and may partially explain why marine insect species are generally lacking.

The digital image presented above was captured from a culture of living insect cells with the MIC-D microscope operating in oblique illumination mode. Genetic material, in the form of DNA, is stored and replicated in the nucleus of an insect cell, the "brain" or computer hard drive equivalent of the cell. Mitochondria, the site of power generation via cellular respiration, are responsible for converting ADP to energy-rich ATP while the ribosomes constitute the protein manufacturing centers vital to insect growth and maintenance.

Insect cell lines, such as the ovarian cells of the moth Spodoptera frugiperda, are utilized by histologists and geneticists to study gene expression. They also seek possible causes and therapies for human genetic disorders such as gouty arthritis using insect cell cultures. Foreign DNA is inserted into the insect cells via a virus, and cellular extractions for enzymes or drug trials are then conducted.

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Cynthia D. Kelly, Thomas J. Fellers and Michael W. Davidson - National High Magnetic Field Laboratory, 1800 East Paul Dirac Dr., The Florida State University, Tallahassee, Florida, 32310.

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Digoxin (Lanoxin)

Photograph of Digoxin
 under the microscope.

Digoxin is a member of a class of drugs called digitalis medicines that are used to improve the strength and efficiency of the heart, leading to better circulation. This helps to reduce swelling in the hands and feet of patients with heart problems. Digoxin is also used after congestive heart failure to reduce the risk of further damage in conjunction with beta-blockers and diuretics. Side effects include skin rash or hives, and in case of overdose, loss of appetite, nausea and vomiting.

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In depth: Review of 2009 - Reasons to be cheerful?

In depth: Review of 2009 - Reasons to be cheerful?

Simon Quicke

This year will go down as one of recession and credit crunch. The banks collapsed and for many in January it seemed like the world was about to end. It has been tough, but as MicroScope found when it canvassed opinion, it has not been all bad news and there are plenty of positive thoughts about next year.

Nick Lowe, regional director for Northern Europe, Check Point

"It has been a very good year for us, and as our sales are 100% channel I believe it has been good for our partners.

"We are seeing strong opportunities in security; in the Âsummer we put together an internal lead-generation team tasked with identifying business to pass on to our resellers. In just 10 weeks we identified more than £1m of business that was not previously on our radar, or that of our channel. But with a fresh approach, these business needs came to light.

"I am also seeing a shift away from price-led beauty parades towards long-term partnerships, which is also great for VARs."

Gary Collins, CIO, Intercept

"Put simply, 2009 has been a challenge for many in the IT channel. For those with unsteady operations it has been tough, with the UK economy as badly hit as it has been. Yet despite the uncertain global financial outlook, business in the virtualisation and cloud computing sectors has boomed like never before.

"Supported by analyst Gartner's prediction that revenue will exceed $91.5bn within five years, this is the real success story for the industry and puts the UK on a great footing to embrace 2010 with confidence."

Phil Jones, sales and marketing director, Brother UK

"2009 was the year that trade credit insurance was exposed as a vital part of how the IT channel conducts business on a daily basis. Credit cover stopped as the key insurers engaged high-speed reverse and backed out of long-standing policies at the sign of anything posing a potential risk. The government eventually stepped in with a £5bn underwriting sticking plaster, but serious questions still remain as to its effectiveness for affected businesses.

"One of the big take-home messages from this and from the credit crunch as a whole has to be that businesses should be kept optimised and streamlined through the good times to help them survive the bad. It is no good getting to a bad patch and then realising things have not been run as well as they could have been - resellers need to constantly re-evaluate their practices and procedures to make sure the hatches are permanently battened down - be it fair weather or foul.

"Finally, 2009 was the year that may have had a damaging impact on the campaign to reduce CO2 emissions and halt climate change. A recent survey for The Times found that only two in five people in Britain accept as an established scientific fact that global warming is largely man-made. We have had a lot to worry about this year, but it is worth remembering that if we don't start making inroads into the climate change issue then the events of 2009 will scarcely matter at all."

Justin Hulls, UK sales director, Cables To Go

"What this year has shown the whole channel - the whole commercial world perhaps - is that you can't just keep on doing things in the same old ways. We need new people with new ideas and a positive attitude that is also realistic, pragmatic and fair.

"That is the approach that we try to take and we hope to bring it to many more resellers in 2010."

Adam Harris, CEO, Technology Channels Association

"For many people, still being in business is the biggest achievement they could have hoped for at the end of 2009. Whether we are in a V or W curve recession will only come to light in another 12 months.

"The cloud has got the whole industry talking and IT resellers are having to look at changing business models to adapt and stay competitive within their marketplace. Opportunities are out there for us all to take advantage of if we can stay ahead of the competition and are able to adapt quickly."

John Cunningham, director of business markets, ntl:Telewest Business

"Children across the world are meticulously scribing their letters to Santa, listing their good deeds for the year and pointing out what they would consider to be adequate compensation.

"But it is not just kids who are thinking about what they would like to get in preparation for 2010, IT managers and CTOs are all beginning to work out their Christmas wish-list, and their letters may contain a little bit more than the latest games console. Cloud computing technologies and virtualised platforms will feature towards the top of the list as IT managers find the productivity and efficiency improvements these bring too good to ignore.

"As we move into an age when virtual networks, heavy data traffic and remote working become the norm, serious investment in the networks underpinning these technologies will feature prominently on a CTO's wish-list. As a result, next-generation Ethernet will be one of the most requested technology investments Santa, or indeed financial directors, will have to consider."

Ian Kilpatrick, chairman, Wick Hill Group

"Many resellers active in security have bucked the trend and carried on growing during 2009.

"At the remote user level, there have been strong sales in encryption, two-factor authentication and end-point security.

"Inside the organisation, logging, active web content security, SIEM, and penetration testing have grown. And cost cutting has pushed up UTM and XTM appliance sales."

John Carter, managing director, DMSL

"It has certainly not been easy, but we have viewed every challenge that the downturn has presented us with as an opportunity. You have to keep trying to make something happen - eventually, it will.

"But Rome was not built in a day and when businesses are finding it tough, you can't expect them to come knocking on your door with a cheque book in their hands. You have to offer them something that they will value right now and look to build long-term relationships.

"Most important of all, you have to go out and get tell customers what you have to offer. We need to work together as a channel more than ever now to make sure we communicate the value that we deliver to the market."

Julian McBride, UK manager, TippingPoint

"Despite a rather gloomy outlook for the economy this year, many organisations have continued to invest in key aspects of IT such as security, which is fundamental to business continuity, or they have been driven by compliance. With many budgets being squeezed or deferred, the drive to reduce cost of ownership has been the overriding factor in many decisions.

"Any technology vendor's solution that can help to reduce costs without compromising infrastructure, business, or regulatory compliance, has continued to succeed in a very difficult market. As global threats increase in breadth and complexity, vendors who keep pace and reduce the security gap' (the difference between available budget and increased cost associated with increased threats) will continue to do well."

Mitchell Feldman, sales and marketing director, The Internet Group

"Despite the buzz surrounding cloud computing in 2009, it does not seem to be impacting the 'M' level of the SME. Small businesses understand and appreciate the cost saving benefits and large companies have the necessary skills and expertise to deploy it properly. However, medium-sized businesses like the comfort factor of keeping services in-house and controlling IT themselves.

"Another big story of 2009 has been how to ride the recession, with companies reviewing the IT function and cutting out any fat to ensure it is running as efficiently as possible in times of financial uncertainty. As part of this review, companies have been revisiting disaster recovery plans, as any downtime in a recession will hurt a business even more.

"Staff productivity has also been in the spotlight, with more policies such as web filtering and e-mail usage enforced upon staff to improve efficiency.
"Companies have also been less tolerant of poor service from IT providers, with more contracts up for tender than we have seen in the past five years."

Andy Walsky, vice-president of EMEA sales and marketing, Overland Storage

"IDC recently suggested that the digital universe will grow 60% a year to almost two zettabytes by 2011. There is an urgent and growing realisation that tape, which for most archiving applications handily beats disk storage in terms of price and performance, will continue to play a central role for many of these firms.

"With most of the UK economy still under financial pressure, many IT decisions will continue to be driven by cost, ensuring that tape remains an integral part of any firm's data archiving strategy. The fact is, tape remains an integral part of the archival strategy for most UK businesses of all sizes.

"We know that UK firms want to streamline their backup and recovery strategy and cut the administrative costs required to manage it. They want affordable, easy-to-use data protection solutions that automate the back-up and recovery process and reduce the risk of business interruptions."

Ian Masters, UK sales and marketing director, Double-Take Software

"Many in the channel have survived the lows of 2009 and are more operationally efficient than they were at the beginning of the year, having learnt how to tighten their belts and become more focused. This is a good exercise to go through once in a while.

"I don't think we can expect to see much recovery in Q1, but certainly beyond that the green shoots are there, and we hope for a much more prosperous year in 2010.

"So where are the big opportunities going to be found? The cloud and desktop virtualisation will certainly be two areas to keep your eye on."

Mark Power, security specialist, Net-Ctrl

"2009 has finally brought us the ratification of the 11n wireless networking standard, which has sparked a drop in pricing that is already making solutions more competitive with their 11g predecessors.

"The challenge facing the channel as it looks towards 2010 will be how best to harness technology to open up lucrative new markets."

Robert Billington, director of sales EMEA, ScriptLogic

"2009 has been the most challenging year since 2001, but in many ways it is a necessary, if painful, cycle. It means that we have to review our business models, look at where we can focus and where we can offer more to our customer, whether that be a reseller or an end-user.

"Possibly the most significant part of this cycle is the challenge on credit that many resellers will have. This means that it is more important to get every percentage point of margin out of every pound spent."

Yolanta Gill, managing director, European Electronique

"2009 has been a very tough year for companies specialising in delivering ICT to education. Competition has increased and funding for education projects has been delayed. Furthermore, the tendering process has changed; the time between the tender being awarded and the work commencing has lengthened, delaying any return on costs.

"Margins have been driven down further as budget cuts have meant schools seek the best offers and cheapest hardware supplier, whether or not they have any technical expertise. Budgets have been tightened even further by complicated funding mechanisms and changes in capital funding, which will have a knock on effect on the IT reseller.

"To overcome some of the current difficulties IT resellers should review the way they work to ensure they are as efficient and streamlined as possible. Know your marketplace, understand your client's needs and adapt to changing market demands. With tight budgets and the threat of further cuts in the public sector, price is a major factor, as well as being able to offer advice on ways to save money."

Nick Garlick, managing director, Nebulas Solutions Group

"2009 combined a major recession and the rapid emergence of Web 2.0. These two events caused a massive shift in the IT landscape, with companies striving to do more with less resource. Consolidation meant that new businesses were emerging more quickly than ever. This has left large organisations struggling to keep pace with more agile, smaller competitors.

"2010 will see large vendors acquiring small specialists for their skills, knowledge and market share. The channel will take on a great role as integrator for IT infrastructures, which have become so complex that a single vendor cannot meet all requirements."

Andy Hardy, managing director of international sales, Compellent

"UK companies might be putting IT spending on hold so they can weather the economic downturn, but the business-critical data that they rely on to remain competitive continues to grow unabated.

"On top of this, the practical ability for most companies to host more equipment to store and manage more data is being severely impacted by the expectation that many UK datacentres are rapidly running out of space and power.

"So, while UK firms need to grow their storage capacity, they lack the budget, physical space and energy supplies to do this. It is the perfect storage storm.
"For the budget-challenged IT manager, the need to do more with less has become a sudden and harsh reality. Storage efficiency is being cited as one of the biggest drivers for companies determining their storage spend this year and beyond."

Robert Furnivall, head of channel, SAP UK

"The past year has been a difficult one for everyone, and the channel is no exception. Increased pressure on budgets and customers looking for greater value means it is no surprise that the year has been tough.

"However, it has not been all gloom and doom. In the past few months SAP has seen a significant increase in partners generating and registering new opportunities. Many of these partners are now seeing that the investment they have made in tailored solutions is greatly helping their prospects and puts them in a strong position when customer spending increases.

"The year ahead will bring new and emerging areas of opportunity for SAP channel partners in terms of even greater interest in BI, increased importance of risk and sustainability management, and the need for more modular solutions. With this momentum continuing to build and new prospects emerging, things are looking up for 2010."

Leon Mangan, sales director, indirect channel, Siemens Enterprise Communications

"Businesses have accepted the reality of post-downturn trading conditions, with pressure for IT to deliver enhanced productivity, and they are looking to invest in communications solutions to enable their customers to gain competitive advantage.

"Recovery in PBX systems volumes back to pre-2008-09 levels is possible, but with a change in the technology base to deliver unified communication and collaboration. These will be IP-based, so recovery here could also bring a further shift from TDM platforms to IP platforms.

"In addition, the longer-term prospect of cloud computing services could provide more opportunities as SMEs seek to get benefit from the applications they can provide with the flexibility which hosted solutions deliver - assuming concerns over cloud data security and integrity can be resolved. With the general election in mind, the Siemens manifesto would include more government investment in SMEs - particularly support for training initiatives."

Mike Bienvenu, technical director, Softek

"2009 has been the year of the data leak, with countless high-profile breaches reported in the media and the year rounded off by what was the biggest phone customer data breach ever and the Information Commissioner's Office calling for custodial sentences for serious breaches of the data protection law.

"In addition to this, CoCo compliance has bamboozled many customers. Local government agencies have been calling us in their hundreds asking what they need to do to be compliant and, in particular, questioning what they need to do about document and e-mail classification.

"Along with two-factor authentication, around 50% of our business this year has been related to CoCo compliance and this has been very lucrative for the channel."

Gary Newbold, director for UK & Ireland, Extreme Networks

"There is no denying it has been an interesting year for the channel; we have had the recession, various company overhauls and calls for greener technologies. Businesses are demanding future-proofed networking technologies, and vendors have been challenged to provide equipment that will meet 21st century requirements while lowering energy consumption, all at favourable price points.

"Despite the downturn, organisations are still willing to invest in key networking products, as they know that the total cost of ownership of high-end products greatly outweighs those of a cheaper design in terms of scalability and maintenance. The channel has also realised the considerable cost and efficiency benefits to be had in being able to offer the market a highly desirable alternative to the usual choice of vendors."

Aad Dekkers, director, SNIA Europe

"2009 was an interesting year in terms of year-on-year revenue growth, where some people said "flat is the new up" and companies were reporting sequential quarterly growth instead, with pleasure, if they could.

"All technologies that help reduce costs where hot: consolidation, virtualisation, deduplication and moving to service in the cloud (moving capex to opex).
"More companies have been confronted with the impact of improper virtualisation deployments and are looking for valuable solutions from the experts in the channel."

Phil Jones, founder and CTO, Shoden Data Systems UK

"Today we expect simple, fast and secure access to data. But in 2009 everyone was still having to cut costs and therefore we saw great interest in new business models such as cloud computing and any service-based application delivery method.

"If mega-centres successfully started outsourcing applications this year, then the whole model of commercial IT can change, and this is a big shift for the channel. Expensive in-house resources have started to turn into IT utility bills. 2009 was a year of change for the IT industry and potentially the start of a new IT era."

David Blackman, general manager Northern Europe, Acronis

"Data growth in small and large companies alike continued to increase rapidly in 2009. According to IDC research, the amount of digital data created and stored worldwide has increased by 3,000% in just three years. Combine this with the economic crisis and it is clear to see why deduplication was the hottest data storage topic of 2009 for the channel.

"While this technology has traditionally been reserved for large organisations due to its high cost, as the technology has matured it has become more affordable. With this comes an opportunity for resellers who sell to SMBs and the mid market to add a new offering to their portfolio.

"The technology's ability to reduce storage space requirements is good news for end users who are increasingly under pressure to cut costs. In 2010, we predict that this technology will continue to drive revenue for the channel."

Matt Garman, director, dhc

"Cloud computing is not quite there yet; there is not as much appetite for it as the hype might suggest. However, it will feature more heavily in 2010, supported by more consistent delivery of broadband speeds.

"Companies may be down on where they were last year, but they are conscious of the need to invest in technology to help them out of recession and into a phase of growth.

"Larger deals/contracts are already appearing due to more structured buying processes. Owner/managed businesses have not got their confidence back completely to make a significant investment, but there is optimism that it will return in early 2010."

David Whitton, Northern Europe sales manager, Kodak Document Imaging

"The year has been characterised by cash conservation as companies have delayed buying IT and adopted a wait and see approach to ascertain how the recession will affect them.

"The outlook for 2010 is far more positive. We have already got more orders for high-end scanners than we sold in the whole of 2009. And 2010 will be the year when companies proactively seek to reduce the costs of doing business, and given document imaging is a cost reduction technology, we are well placed."

Simon Morris, research and development director, Pentura

"Apps have been a very popular technology for 2009. From a security point of view, application firewalling is proving to very important as businesses need to be able to control what employees are doing within applications such as Facebook and Skype - they could be file sharing and instant messaging other users who might not be trustworthy.

"With many businesses only having basic application control, allowing employees to access feature-rich websites can potentially put businesses at risk."

Neil Robertson, CEO, Compleat Software

"2009 was a year when organisations stopped thinking growth and focused on savings. The outlook for 2010 will be similar, as finance directors promote conservative budgets and non-essential spend is unlikely to get funding. The financial squeeze will continue, reflected by vigorous competition - a buyer's market.

"But there are always winners in tough times. Spend control software is enjoying explosive growth as businesses invest to take total control over the corporate spending and make significant savings as a result. It is the right product at the right time for both customers and the channel partners that offer it."

Michel Robert, managing director, Claranet

"Many businesses had a tough start to the year, focusing solely on saving money, which for the channel resulted in pressure on prices and the cancellation of some services. This gradually changed, however, with confidence and an appreciation of the benefits of outsourcing returning. We have particularly felt this recently, with customers making decisions to proceed with projects and wanting everything delivered now.

"Another recent trend that we expect to see continue in 2010 is a shift in the services that businesses want the channel to provide. Businesses are placing greater value on the outsourcing of daily IT management tasks, especially hosting, as a way to cut costs and improve service. Our channel partners are certainly capitalising on this opportunity."

Nick Preston, sales director, CCI Distribution

"Value-added offerings have been key to business survival in 2009. With the recession hitting IT spend hard, organisations have looked for solutions that offer maximum business value at minimal cost - a challenge that has forced the channel to up its game, squeezing margins from all angles in order to compete and deliver.

"2009 has also been a particularly mixed year for the storage sector. Limited resources have seen businesses utilise their existing storage devices and resist the need to upgrade to more advanced solutions. However, peripherals and optical devices, such as Blu-ray and DVD-Roms, have proved to be a practical stopgap and a lucrative revenue stream for retailers battling the economic downturn."

Andrew Brewerton, technical director EMEA, BakBone

"2009 has been marked by the appearance and development of several new technologies, most of them answering the call for reduced IT acquisition and maintenance costs.

"From cloud computing and data deduplication to data archiving, the focus has been on making the datacentre more cost-effective while preserving performance, scalability and security.

"For the channel, 2009 has been a time of change. This has been good for some and bad for others. Those who learnt from this year will be best positioned to reap the rewards in the next 12 months and beyond."

Patrik Runald, senior research manager, Websense Security Labs

"For me, 2009 was a year of attention-grabbing online attacks, kicking off with Conficker, one of the largest worm attacks ever seen, which ate into social networks across the globe. After months of speculation about what the worm might do, the hype culminated on 1 April when Conficker activated part of its payload - flexing its muscles but crucially pulling its punch.

"Data breaches also played a pivotal role in the security landscape this year, with events like the Heartland breach, where 90 million credit and debit card details were stolen.

"2009 was also the year when cyber criminals took search engine optimisation to a whole new level. As world news stories broke (such as Michael Jackson's death, the launch of Google Wave and Tiger Woods' car accident), search engine results were poisoned within hours, leading users to malicious links and fake products."

Robert May, managing director, ramsac

"Everyone predicted 2009 would be tough, but ramsac found it to be a rewarding year. Winning new business has been more challenging as clients have become more careful with their spend. However, we have found there is plenty of business for those who offer value for money.

"The downturn has cleared the market of less competitive companies and the business we have won has come from competitors who failed to offer return on investment.

"A demand for unified communications has highlighted that our clients also want to become more efficient in the way they work."

Stein Surlien, senior vice-president, alliances and channels, Oracle EMEA

"This year has been an extremely exciting one for the Oracle PartnerNetwork (OPN). We launched OPN Specialized - a significant evolution of the Oracle PartnerNetwork.

"OPN Specialized is designed to enable partners to demonstrate their product and industry expertise and have this recognised by Oracle.

"When we recognise partners that have invested in the Oracle portfolio and have real expertise, we can provide more opportunity for them with our joint customers. Oracle sales reps will be more easily able to identify qualified partners who they can trust, have the right expertise in specific areas and can effectively engage with customers. In a real sense, this means we will be able to better match the right partners with real business opportunities."

John Appleby, chairman, Saaspoint

"The level of CIO interest indicates that cloud computing has finally come of age. This is a marked difference over previous years, when cloud/SaaS opportunities arose for specific applications, usually led by a senior user' executive. CIOs are now looking at the cloud as a means to innovate within highly constrained budgets.

"The tendency is still towards off-the-shelf solutions - marketing, e-mail, etc. But innovation through the collaborative nature of the cloud is starting to mature with software such as Google Docs.

"The beachhead has been made by the likes of, but this will be quickly followed by the emergence of more utility-based companies with open platforms."

Marcus Harvey, channel sales director, Lexmark

"2009 has been a defining year for Lexmark. Tough, yes; a challenge, most definitely, but also a time where we have been able to build on our experience, reposition our products, change the way we sell and focus on the right channels and develop our partner relationships.

"Product innovation thrived and included the launch of three web-enabled touch-screen devices which saw, for the first time, synergies between our laser and inkjet offerings.

"2009 also saw the expansion of our onsite sales team, who are dedicated to managing relationships with our channel partners. By improving our understanding of our resellers' business goals, we hope to build strong relationships and provide innovative solutions which will deliver tangible benefits long after the economy has recovered.

"The year has not been without its struggles, but we are confident that the investments we have made in our channel throughout the year - both tangible and intangible - will see us retain, and further build, our channel in 2010."

Stephen Watson, channel co-marketing manager UK and Ireland, Hewlett-Packard Enterprise Business

"Many partners and customers have taken the opportunity to delay purchases until the end of the recession is in sight, thus cutting costs immediately, but investing correctly. This has reduced the total cost of ownership and has brought the return on investment that they need to recover any investments made in a short space of time.

"HP has been there all the way to help do just that. However, any delayed purchases are now more necessary than at the outset and HP has the right set of products to meet the challenges that they have to update and bring the latest technology to bear on the situation that we have now.

"I believe customers and partners alike are in a stronger position to climb out of the problem times and grow as the market grows."

Bob Dalton, managing director, Intact Integrated Services

"While the recession has clearly impacted the channel during 2009, we have found that there is still strong demand for managed services that can help organisations reduce risk and protect their cost base.

"As a partner-focused services company, we have also had to become more innovative in how we present our services. That has meant spending a lot of time helping our customers target sales opportunities that we can then jointly address.

"This has also been a year for broadening horizons, and we have concentrated on a number of international markets - including Singapore - which have been much quicker to recover than the UK."

Paul Lawton, managing director, Opal

"It has been a challenging year for the channel, but it was not without its highlights. We have seen 12 months of heavy acquisition as companies struggle to grow organically, and as more put themselves up for sale as they become more realistic about market values and concern over how the recession will play out. This is matched by a lively, entrepreneurial climate as a lot of forced' start-ups enter the telco arena, due to the proliferation of ex-corporate telco employees setting up as consultants, channel partners and suppliers.

"The need for cost reduction in the market has had its benefits; namely driving key decision making in telecoms, such as the significant TDM to IP moves, businesses buying minute bundles, supplier consolidation and shorter contract terms.

Demand for improved bandwidth and greater interest in NGN, along with the provision of ADSL2+, Annexe M and Ethernet has also been a key ongoing trend, as businesses wake up to the silent revolution presented by new high-speed, highly resilient services.

"It has also been a year of some disappointment. BT's roll out of its 21st Century Network has fallen somewhat flat after its lively promises in the early stages."

Tamar Brooks, channel sales director, UK and Ireland, CA

"Conditions in 2009 have been a challenge, with many end-users extending buying cycles and more cautious to commit. However, with a strong focus on delivering an enhanced partner programme, CA has seen sustained growth in the channel business quarter-on-quarter this year.

"Vendor partner programmes have stimulated success in the channel as they provide the structure and support required to create a committed partnership that can enable innovative solutions to be brought to market.

"In the future, the interest in on-demand software will continue, with virtualisation, automation and green strategies becoming major priorities for IT users and the channel."

Ellie Dyke, head of business development EMEA, Serif

"In 2009, we saw software budgets shrinking and technology pounds becoming increasingly hard to find, making it a really tough sell for the channel. We realised that bells and whistles no longer sell and that organisations are focused on painkillers, as opposed to vitamins', so the essentials not the nice-to-haves.

"Resellers, distributors and vendors need to be very clear about what pain' they are addressing before they go in with the big sell - if they can do that and have a solution to relieve the pain, there will be interest."

Bill Trim, corporate sales director, Kaspersky Lab UK

"The recession may be viewed as a threat or an opportunity. A potential threat is that sales organisations fall into the trap of:

  • Chasing more opportunities rather than focusing on relationships and realistic deals
  • Negotiating rather than selling value
  • Selling on price not safety.

"However, the channel has seized the opportunity to grow its Kaspersky business by focusing on realistic opportunities, and articulating the value of risk avoidance."

Keith Hoult, sales director for Northern Europe, Allied Telesis

"End-users, distributors, channel partners and vendors have all been seeking to maximise sales opportunities and optimise their resources in 2009.

"With a continued bullish look to 2010, with the switching off of analogue TV creating investment opportunities in markets such as social housing, the push for next generation broadband roll-outs, FTTH becoming a reality and the push of major projects such as the Olympics, Allied Telesis is in a good position for an excellent 2010."

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Hogue Rubber OverMolded Stock Remington 870 with 12" Length of Pull Synthetic Black

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Hogue Shotgun Stocks are molded from a super tough fiberglass reinforced polymer ensuring stability and accuracy. These superior stocks are durable, weatherproof and non-slip. The grip of the stock and the entire forend are OverMolded with soft rubber for outstanding handling. Features also include ambidextrous ergonomic palm swells and a soft recoil cushioning butt pad. This stock is available in orange and is boldly labeled "LESS LETHAL" on the buttstock. The black and orange color combination is ideal for law enforcement.

This stock has a standard 12" length of pull. Gunsmithing is not typically required for installation but may require various firearm-specific wrenches and other tools for stock and forend removal.
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Streamlight TLR 1 & 2 Long Gun Remote Door Switch

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The Streamlight TLR Long Gun Remote Door Switch replaces the original battery door/switch on the TLR 1 and 2 series of weapon lights. The TLR Long Gun Remote Door Switch features a socket port for attaching any of the long gun pressure pad switches. A must if you plan on running your TLR on a tactical rifle or shotgun.
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These tooled leather belts have loops for 44, 45 caliber handgun cartridges. 2-1/2" wide. Antique brown.

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 Find Your Decorating Style | Midwest Living

Find Your Decorating Style

Home decorating becomes oh-so-simple when you let your personality guide the way. Find your inner decorating muse with the help of our trio of room styles that channel three different personalities.
  • It's all about you

    Unsure what color to paint your living room? Lost when it comes to choosing accessories? The answers might be right inside you! The activities, art and environments you prefer all offer a reliable guide to confident decorating choices.

    To show how it works, we've designed three different looks for the same room, each one customized for a specific personality. If you know what you like but can't put your finger on how that translates into your home, click through our examples to reveal your inner decorating muse.

  • Style #1: Earthy and natural

    You like: beach walks, country drives, yoga or tai chi, farmers markets, nature preserves, alfresco dining, hybrid cars, wildlife.

    Your style probably grows out of the harmonious elements of air, water and earth. Your solution to everyday stress is a connection to the natural world, not only outside, but in your home as well. Look to nature's essence to find a sense of peace and balance for your home.

    See how this style looks in a whole room on the next slide.

  • Earthy and natural: Organic elements

    COLORS Nature calms your soul in a way that others, rushing through life, might not appreciate. Carry that feeling into your home with earth-inspired hues such as the varied blues of sky and water, or forest tones.
    FURNITURE Because you care about the environment, comfy sofas and chairs slipcovered in natural, washable cottons make sense. You'll probably feel drawn to accent pieces in wicker and reclaimed or sustainable woods.
    PATTERN No one can improve on Mother Nature; her patterns are familiar and uncluttered. Follow her example with simple grasses, dragonflies, leaves and other earth forms in fabrics and wallpapers.
    RUGS Only pure materials for you: sisals and cotton weaves.
    WINDOWS Don't cover up nature's vistas! Easy roll-up wood or bamboo shades let you drink in the most scenery all the time.
    ACCESSORIES Look for pieces that replicate nature's shapes and textures (such as "tree trunk" vases or inlaid shell boxes). Walks reward you with genuine bounty: a bowl of pinecones, a stone paperweight or a piece of sculptural driftwood.

  • Style #2: Creative and eclectic

    You like: antiquing, resale shops, crafts fairs, family reunions, recipe collecting, flower gardening, entertaining at home, oldies-but-goodies.

    Your style proclaims a free-spirited, lively personality inspired by both the past and present. Let one-of-a-kind, pretty vintage and artisan objects, no matter their pedigree, set the stage for the casual self-expression that infuses this mix-and-match look with endearing charm.

    See how this style looks in a whole room on the next slide.

  • Creative and eclectic: carefree details

    COLOR You have a hard time picking a favorite, so try layering a paintbox full of informal, girly brights: yellows, pinks, blues and greens.
    FURNITURE Be honest: New pieces and matching suites bore you. You'll be happier with an exuberant patchwork of eras, styles, upholstery and finishes collected over time. For example: Mix a new traditional tufted sofa with old painted-wood flea-market finds.
    PATTERN Your artist's eye hasn't seen a check, polka dot, stripe or paisley it didn't like, and florals are a must. The secret to this random mix? Balance colors and vary scale.
    FABRIC Collected bits of handiwork, like laces, embroidery, crewel and appliques (some new, some old), will reinforce this whimsical cottage look.
    RUGS You like comfort above all. Cozy boucle carpet tiles, needlepoints or plush cottons meet the "treat your feet" test.
    WINDOWS Sunshine recharges your creativity. Try translucent fabric, on soft shades or charmingly embellished curtains, to let the light stream in.
    ACCESSORIES Anything handmade speaks to your center. Group collections of paintings, sketches, collages, quilts, pottery and more to achieve the heartfelt, mismatched look that says "you."

  • Style #3: Refined and modern

    You like: theater, galleries, jazz clubs, book readings, wine tastings, designer labels, spa treatments, social networking, piano bars, global travel.

    Your style springs from the energy of urban environments. Let cutting-edge architecture, sophisticated colors, man-made materials and global influences ignite your imagination. These icons will lead the way to showcasing your cosmopolitan tastes.

    See how this style looks in a whole room on the next slide.

  • Refined and modern: urban leanings

    COLORS No pastels here! Your preference for metro living means you probably gravitate to bold hues like rich red. Pair it with cityscape tones of black, gray and stone on background walls and furniture to calm this gutsy statement. Urban neutrals also allow contemporary art to shine.
    FURNITURE Streamlined skyscrapers inform your passion for minimalist pieces. So when it comes to form, you'll want to look for armless seating, exposed legs, low profiles, tight upholstery and Asian influences. After all, you know simplicity is the ultimate sophistication.
    PATTERN Unless it mimics abstract art or has exotic roots, busy pattern won't interest the purist in you. But small touches of worldly prints--graphic geometrics or classic faux animal skins (on one wall, pillow or chair)--satisfy your fashion sense.
    FABRICS You adore luxury, so choose leather, suede, velvet and silk.
    RUGS As a trendsetter, you like to stand out. Unique dyed or printed cow skins, chunky outsize textured friezes (shag) or modern prints on wool weaves will do the trick.
    WINDOWS Choose structured, angled treatments with clean lines that follow the city theme. Try flat shades, horizontal wood blinds or shutters.
    ACCESSORIES Modern art pieces and a few industrial touches, such as lamps and vases in metals and glass, enhance your urban contemporary scheme and reflect your chic but restrained aesthetic.

    (A version of this story appeared in Midwest Living® January/February 2010.)

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