Bankruptcy Debt Relief Will Not Be Necessary

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Guest post by Cossey X. Hetzer Drewing

Source: http://quepenser.com/bankruptcy-debt-relief-will-not-be-necessary/

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Reports: More Chinese cities seize iPads (AP)

BEIJING ? Authorities have seized iPads from retailers in more Chinese cities in an escalating dispute between Apple Inc. and a struggling local company over the trademark for the popular tablet computer, news reports said Thursday.

The Chinese company, Shenzhen Proview Technology, said this week it will ask customs officials to stop imports and exports of iPads, a move that might disrupt global sales because the tablets are manufactured in China.

iPads were seized in the central city of Zhengzhou and the eastern port of Qingdao, a website run by newspaper China Business News said. Seizures were reported earlier in the cities of Shijiazhuang and Xuzhou.

Proview said it has asked regulators in more than 40 cities to investigate possible trademark violations.

Chinese media say Proview is deeply in debt and observers have suggested the company needs a large settlement to repay creditors.

"We've appealed to Apple through its agents to have a settlement, but so far we haven't received any response from them," said a Proview lawyer, Xie Xianghui. He declined to say how much Proview wants.

An employee of the press office of Zhengzhou's Administration of Industry and Commerce confirmed some iPads were seized there.

"One of our local offices seized iPads from a shop and sealed them off based on the Chinese Trademark Law, although we did not carry out a city-wide seizure," said the employee, who would give only his surname, Jiang.

A spokesman for Qingdao's Administration of Industry and Commerce said he knew of no order to seize iPads but said the agency was monitoring the legal process.

"We're investigating iPad sales in the city and will move quickly once there is a final legal judgment," said the spokesman, who would give only his surname, He.

A spokesman for Weihai's commerce agency said he knew of no citywide seizures but said local offices might be investigating sales or collecting evidence. He refused to give his name.

Shenzhen Proview Technology is a subsidiary of LCD screen maker Proview International Holdings Ltd., headquartered in Hong Kong.

Proview registered the iPad trademark in China in 2001. Apple bought rights to the name from a Taiwan company affiliated with Proview but the mainland company says it still owns the name in China. A Chinese court rejected Apple's claim to the name in China last year. Apple has appealed.

Apple, based in Cupertino, California, insists it owns the iPad name and has accused Proview of failing to honor its agreement.

Apple has cited a Hong Kong court ruling last year that concluded Proview and the Taiwan company both were controlled by the same Taiwanese businessman, Yang Long-san.

The judge said the companies acted together "with the common intention of injuring Apple" and granted a temporary order barring Proview from transferring rights to the iPad name in China.

Proview also has filed suit against Apple in Shanghai and the cities of Shenzhen and Huizhou, according to Xie.

___

AP researcher Yu Bing contributed.

Source: http://us.rd.yahoo.com/dailynews/rss/applecomputer/*http%3A//news.yahoo.com/s/ap/20120216/ap_on_hi_te/as_china_apple_ipad_dispute

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Police officer in Ariz shooting has shot 6 others

PHOENIX (AP) ? An Arizona police officer who fatally shot a man holding a baby had been involved in six previous shootings since 2002, including five that were fatal, authorities said Wednesday.

Scottsdale police Officer James Peters was one of several officers called to a home in the Phoenix suburb on Tuesday night after neighbors reported a man holding a baby was threatening them with a handgun, Chief Alan Rodbell said.

Peters is a 12-year veteran of the police force who has served on its SWAT team. In three of his previous six shootings, other officers also fired at suspects.

A list compiled by The Arizona Republic shows Peters' first shooting was in 2002, when he was one of three SWAT officers who shot and wounded a domestic violence suspect after a standoff. Between 2003 and 2010, he was involved in five fatal shootings

The Maricopa County Attorney's Office investigated his previous shootings and ruled them justifiable, Rodbell said.

Police department spokesman Sgt. Mark Clark said investigators were looking into what led police to shoot 50-year-old James Loxas on Tuesday and why they felt threatened or believed he was a threat to the child.

"There were at least three officers that were in a position to engage the suspect," Clark said. "At least one of the officers thought he saw something in the suspect's hand. So at this point in the investigation we want to make sure we have all of the officers' statements down."

Rodbell said the investigation will likely take weeks to complete. Afterward, the findings will be turned over to the Maricopa County Attorney's Office.

Police said Loxas went back in his house after allegedly threatening the neighbors hen opened the door with the 9-month-old grandson in his arms but wouldn't come out.

Several officers called for him to come outside, but Loxas refused, Rodbell said. Peters shot Loxas in the head with a scope-equipped rifle from about 15 yards away when he leaned over and reached inside the house.

Loxas died instantly, and fell with the baby in his arms, police spokesman Sgt. Mark Clark said. The baby was unhurt.

Police said a loaded handgun was tucked into the side of a chair a few feet inside the door.

Rodbell promised a complete investigation into the shooting.

"A police officer's primary duty is to protect life. It is difficult for everyone when we are forced to take a life," Rodbell said.

.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/386c25518f464186bf7a2ac026580ce7/Article_2012-02-15-Officer-Involved%20Shooting/id-e8386a426c634aa8a438ee85bffd008a

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Can Advertising Save BofA's Battered Brand? | The Financial Brand ...

2011 was a rough year for BofA to say the least. In the past twelve months, they?ve suffered through:

• The worst quarterly loss in the bank?s history.
• Dropping from their rank as America?s #1 biggest bank.
• Plummeting share price, dropping from $19 back in Spring 2010 almost straight down to under $5. The stock once traded as high as $55.
• Expensive and unseemly lawsuits, including the robo-foreclosure scandal that cost the bank $11.8 billion.
• Catastrophic week-long website outage.
• Congressmen using their time on the floor to organize a boycott of the company.
• A massive revolt against a proposed $5 debit card fee.

Then of course there?s still the mess leftover from the bank?s acquisitions of Countrywide and Merrill Lynch that BofA must contend with.

2011 was undeniably the worst year in the bank?s 108-year history. Perhaps the only good news for BofA is that there is nowhere to go from here but up.

BofA Fires Back

In October 2011, as the BofA debit fee debacle was reaching its crescendo, the strain on BofA?s leaders became torturous. Under pressure, CEO Brian Moynihan couldn?t help but fire back.

?We have a right to make a profit,? he snapped.

Later that month, speaking to staff at the bank?s Charlotte headquarters, Moynihan indignantly said he gets ?a little incensed when you think about how much good all of you [BofA employees] do, whether it?s volunteer hours, charitable giving we do, serving clients and customers well.?

Wagging his finger at critics, Moynihan added, ?You ought to think a little about that before you start yelling at us.?

While BofA?s leaders were griping over the public?s reaction to $5 debit card fees, the bank was simultaneously rolling out a coordinated campaign focused on the bank?s charitable contributions, small business loans and mortgage modification efforts. BofA ran the campaign in TV, print and online ads from October through the end of last year.

One ad that ran in Charlotte, the bank?s backyard, carried the tagline, ?We?re working to help keep the North Carolina economy moving forward.? The ad touted the bank?s economic significance in the state ? $159 million in loans to small businesses in the first half of the year, more than 22,000 loan modifications since 2008, and $10.8 million in charitable commitments in 2011. The message was clear: ?See we?re not greedy bankers. We?re nice people.?

?The campaign aimed to deliver the facts about Bank of America?s local impact,? said BofA spokesperson T.J. Crawford. ?Sharing the significant work we do at the local level and critical role we play is more important than ever.?

Advertising Is Not What BofA Needs

?If the banking industry is to survive, it needs to change its culture.?
? Reputation Communications

?All those charitable, volunteering employees have nothing to do with what people are yelling about,? observed Bill Varble at the Mail Tribune. ?Yes, BofA has employees who are really nice. But the [people] ?yelling? at the bank aren?t yelling at its employees, they?re yelling about the bank?s behavior.?

What Varble is saying is that BofA?s ad strategy doesn?t align with its actions. It?s like the bank is saying ?we love you soooo much? while punching consumers right in the gut.

Writer David Allen Isben says consumers have become far too wise to be swayed by white-wash campaigns. He believes it is a big mistake for BofA to be ?touting their supposed good deeds? when they should be ?addressing the behaviors that consumers see as demonstrating corporate greed.?

Key Question: What can an ad agency do if BofA isn?t willing to change its core culture?

BofA seems to think ads can solve its image problem ? as if consumers will somehow feel better about the bank with the right message. Not a chance. Ads aren?t the problem. The problem is BofA?s underlying brand ? what the bank is doing, not what it?s saying.

This point does not seem entirely lost on BofA?s CEO. ?We can?t be the biggest bank in America and have people thinking we?re taking advantage of them,? Moynihan said.

True. But what?s the best way to get people to stop thinking you?re taking advantage of them? It?s not with ads or slight-of-hand. It?s by actually?not taking advantage of people.

An expert on crisis communications said that BofA?s image woes will not improve until there is ?demonstrable progress on fixing the business issues that are at the root. Until those issues are resolved, advertising and other marketing techniques won?t accomplish much.?

To get a good sense for how screwy things can get at BofA ? how badly the company?s ethics can be warped ? just look at the litany of litigation they?ve faced in the last decade. The Financial Brand assembled a list of some super expensive settlements BofA has inked in recent years, and what you?ll notice is a habitual pattern of abuses, deceptions and dirty tricks. Talk about profits over people? it?s shameful.

No one, it seems, is immune. BofA has ? with alarming consistency ? exhibited a willingness to exploit their own customers, their own shareholders, third-party investors, various government bodies and worst of all, their own employees.

At the end of the day, a cynical CFO might wonder which is the cheaper strategy: Giving away millions to charities so you can have a defensive backstop every time the public accuses you of misdeeds? misdeeds that will then also end up costing you a fortune in nasty court cases? Or simply doing everything right and everything possible to avoid such situations in the first place?

Wanted Urgently: One ?Silver Bullet? or ?North Star?

BofA is currently shopping its ad account around, looking for a new agency. The bank invests about $2 billion into marketing annually, with?an estimated $300 million slated specifically for advertising production (the current review does not include BofA?s media buy, which is handled separately). As the 17th largest marketer in the U.S., the bank?s agency search has caught the full attention of advertising?s most heavy hitters.

According to Ad Age, a briefing document circulated to BofA?s potential new agencies said the bank was seeking a strategic position that can serve as a ?North Star? for all business and marketing decisions, and convey that the bank is in the midst of a transformation.

BofA wants ?a campaign that creates buzz,? Ad Age continues. ?The bank also desires a deeper sense of purpose, one that can withstand any potential dings to brand reputation.?

Actually, Ad Age admits it isn?t entirely clear about what the bank might be after. ?BofA doesn?t seem sure of exactly what it wants. But it?s eager to find a new marketing direction fast.?

Ya think?

Reality Check: What BofA really needs is a brand strategy, not an ad agency.

?It will probably take years and multiple behavioral changes for BoA to prove themselves.?
? Edward Boches, Mullen

All indications at this point suggest BofA intends to stick with its feel-good ad strategy. If that is indeed the case and BofA asks their next agency to slap a halo over the brand by showcasing the bank?s goodness, both parties are going to have a tough road ahead.

?Unless its new agency comes up with a silver-bullet strategy ? one that feels humble, honest and wholly unique for the financial-services industry ? the exercise could prove fruitless,? noted Ad Age.

Edward Boches, Chief Innovation Officer with Mullen, is skeptical, and expects more of the same. ?No doubt we?ll see executions that pat the bank on its back for funding inner city growth, helping send kids to college, providing entrepreneurs with money to launch new businesses and practicing corporate philanthropy with efforts that include free admission to hundreds of museums,? he wrote on his blog.

But it?s going to take more than that.

None of these challenges will stop the world?s largest ad agencies from?flagellating themselves as they pursue BofA?s account with naked abandon. After all, it?s much easier to ?shut up and do what you?re told? than to point out the cultural flaws that will undoubtedly undermine whatever ad campaign a client winds up running. The winning agency will be thrilled to pocket a billion dollars in billings while throwing some more awards on the shelf before getting the inevitable boot for (now get this?) ?failing to reshape consumers? perception of the brand.? No mea culpa from BofA at all. ?Goodbye. Next agency, please.?

But here?s something for BofA?s next agency to think about. Based on past performance, the bank is almost certainly doing something right now ? something ugly and potentially illegal ? for which they will end up forking over millions if not billions in fines and restitution. How?s that going to look while their ad campaign plays out?

Will BofA ever change its behavior at a fundamental level? Maybe. Or maybe not. Maybe they don?t care. Maybe coughing up huge settlements is just an acceptable cost of doing business at BofA, and their ad agency?s assignment is to counterbalance consumer negativity with as much shiny spin as possible?

What BofA Should Do

?The suits in Charlotte need more than a new ad agency and a $300 million ad campaign. They need a new mindset for how to solve their marketing and image problems.?
? Edward Boches, Mullen

If BofA doesn?t get its act together, there?s nothing that ads are going to do for them.

At least BofA?s CMO Anne Finucane is on the right track when she admits it will take more than a new slogan to turn the bank?s image around. ?In order to repair reputation,? she said in the NY Times, ?you have to repair the issues that underlie that.?

Reality Check: Ad agencies don?t repair internal and cultural issues.

BofA needs to find out who it really is, determine who it wants to be, define how it wants to be perceived, and build the culture to get there. Then, after that work is complete, BofA can go hire an agency to run ads reflecting that brand ? not the other way around.

What else should BofA do?

• Focus on contrition and humility instead of defensiveness. When someone feels you?ve wronged them (as most Americans do in BofA?s case), you don?t try reminding them of all the other wonderful things you did for them in the past. Consumers can?t stomach self-congratulatory hubris when they were expecting an apology.
• Focus on internal culture and ethics. What an organization does is much more important than what it says.
• Focus on branding over advertising. Ads don?t fix image problems, they really only help build awareness. If your brand sucks, ads only remind more people more often about how much the brand sucks, no matter what kind of happy face you try to put on it.
• Focus on PR over advertising. BofA has a long, complicated story to tell and zero credibility. They need the media?s help.
• Focus on real substance over superficial style. An attractive appearance will only conceal character flaws for so long.
• Bury Countrywide in the deepest hole possible. BofA needs to get rid of everything associated with Countrywide and put it as far behind them as fast as they can.
• Retain the Merrill Lynch brand. It still has significant value.

Will BofA be the ?Bank of Opportunity? and embrace this chance to reinvent itself with ?Higher Standards?? Or will they just run another stylish and clever campaign that glosses over the bigger issues?

If you were in charge of BofA?s brand what would you do?

This article &copy 2012 by The Financial Brand and may not be reproduced.

Related Articles From The Financial Brand:

More stories about: Advertising, Branding, Featured, Internal Culture & HR, BofA

Source: http://thefinancialbrand.com/22277/ads-wont-save-bank-of-america/

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Obama proposes large budget boosts for SEC, CFTC (Reuters)

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Source: http://us.rd.yahoo.com/dailynews/rss/stocks/*http%3A//news.yahoo.com/s/nm/20120213/bs_nm/us_usa_obama_cftc

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PFT: Moss' agent says 3 teams have called

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On Monday, former Randy Moss teammate and mentor Cris Carter said that Moss can still run the 40-yard dash in 4.3 seconds.

On Tuesday, Carter applied a caveat to that assessment.

?The one thing you have to address with Randy Moss is not a conditioning thing,? Carter told ESPN Radio?s Mike & Mike in the Morning, via ESPN.com.? ?It?s not an age thing.? It needs to be addressed.? I believe it?s the elephant in the room.? It?s that thing called quit.

?And Randy, not like any other superstar I?ve met, he has more quit in him than any of those other players.? So I need to address that.? That?s what [Bill] Belichick did when he brought him over from Oakland.? He told him he wasn?t going to have it.

?But Randy, when things don?t go well, like no other player I?ve ever been around or associated with, he has a quit mechanism in him that?s huge.? That needs to be addressed before he signs with any team.?

It?s one thing for an analyst or observer of the game to make that claim.? It?s quite another for Carter to say it.

And Carter is right.? Moss, unlike any other star athlete, relies on external motivation and stimulation.? If he has a chip on his shoulder, he performs better.? If his team struggles, he sulks and eventually disconnects.

During his final year in New England, for example, Moss was so concerned about not getting a new contract after the season ended that the Pats finally decided to ship him out of town.

The good news for the team that gets Moss is that, for now, he?s focused and committed and driven.? If he ends up with a bad team or if he doesn?t play well or if he encounters any type of adversity that he can?t quickly overcome, he?ll behave like he did from time to time with the Vikings, in 2006 with the Raiders, and in 2010 with the Patriots and then the Vikings and then the Titans, where he was reduced to a non-factor.

Carter?s criticism struck a nerve with Moss, who took to Twitter to say to Carter ?its sad how u stroked ur own ego when u were suppose to b my mentor!? then u wonder why karma bites u in the ass!? #goodlukwithhof?

Thus, Moss will be even more driven, to prove Carter wrong.? And that will benefit Randy?s next team.

Until ?that thing called quit? rears its ugly head.? Again.

Source: http://profootballtalk.nbcsports.com/2012/02/14/agent-three-teams-have-called-about-randy-moss/related/

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I Carry Your Heart With Me | Special Education & IEP Advisor

With Valentine?s Day upon us I thought it was important for me to try and explain the love I have for my family. My life changed 18 years ago when I met my wife and again almost 11 year ago when I had my son. These two moments in time are not just mere events in my past but have become a part of me. Since I am not as eloquent as E.E. Cummings the best way to explain this feeling is by reading his poem, I Carry Your Heart With Me:

i carry your heart with me (i carry it in my heart) i am never without it (anywhere i go you go, my dear; and whatever is done by only me is your doing, my darling)

i fear no fate (for you are my fate, my sweet) i want no world (for beautiful you are my world, my true) and it?s you are whatever a moon has always meant and whatever a sun will always sing is you

here is the deepest secret nobody knows (here is the root of the root and the bud of the bud and the sky of the sky of a tree called life; which grows higher than the soul can hope or mind can hide) and this is the wonder that?s keeping the stars apart

i carry your heart (i carry it in my heart)

I think this poem has meaning for anyone in love, or with a family, but it seems to especially ring true for families raising children with special needs. Every day I go out into the world, I carry my family?s heart. A heart so big it changed who I was and what I was capable of doing.

Every time I encounter ignorance, prejudice and social bias against individuals with disabilities I think about my family and my response is guided by their heart. Because, just like in the poem I carry their heart (I carry it in my heart).

Every time I see a child having a meltdown in the grocery store or a restaurant I think about my family and I show a little understanding and compassion. Because, just like in the poem I carry my family?s heart (I carry it in my heart).

Every time I see a Mom crying at an IEP meeting I try to help her to the best of my abilities. Because, just like in the poem I carry my family?s heart (I carry it in my heart).

Every time I see a child who cannot hit or catch or shoot a basket I tell their parents to keep looking because every child has strengths and they will find what they are good at just as my son found swimming. Because, just like in the poem I carry my family?s heart (I carry it in my heart).

Every time I see a parent who is just about at their wits end, I tell them it?s okay and that we have all been there. Just continue to move forward and don?t worry if sometimes you need to move?one step backwards in order to move two steps forward. Because, just like in the poem I carry my family?s heart (I carry it in my heart).

These are all things I was not capable of in my youth. Before I met my wife and had my son. Before I carried their heart with me everywhere I go. You see I am changed forever, first by my wife and later by my son. My wife?s strength and compassion coupled by my son?s love for life shaped who I am today the same way a river shapes the landscape around them. Because, just like in the poem I carry my family?s heart (I carry it in my heart).

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Source: http://www.specialeducationadvisor.com/i-carry-your-heart-with-me/

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