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10/15/2009
Scoop

[Actually 10/07/2009]: The May Report: 10/07/2009: ECHO logistics goes public; Lundin and Pearl on the the Olympic bid; Terry Howerrton responds: How do revelations of his finances bode for his 300,000 sq ft technology facility gambit with the City of Chicago?

October 7, 2009



The May Report: 10/07/2009: ECHO logistics goes public; Lundin and Pearl on the the Olympic bid; Terry Howerrton responds: How do revelations of his finances bode for his 300,000 sq ft technology facility gambit with the City of Chicago?

Editor and publisher: ron@themayreport.com, ronaldmay@aol.com, www.themayreport.com, 773-525-3944.

If you missed an article, go here: http://www.tmronline.com/A55951/tmrarticles.nsf/vwFullNewsletter _____________________________________
TABLE OF CONTENTS

The Scoop section:

-- Echo Global Logistics Announces Pricing of Its Initial Public Offering
-- Indiana Receives Federal Broadband Map Funding
-- Terry I. Howerton II responds
-- Anonymous: A reader comments on the ITA, Hoch, Howerton and BusinessWeek
-- Jeanne Heydecker: Comments on the importance of paying bills
-- Briefly noted, by Ron May
-- Advanced Diamond Technologies Introduces World's Smoothest Diamond
-- Weave The People Helps Companies Unleash People's Potential
-- Two of AskMen.com's Top 10 Most Influential Men of 2009 are technologists
-- Thursday, October 8: Executives Profit: "Tales From the Entrepreneurial Trenches"
-- Wednesday, October 21: The E.Factor Presents - Securing Funding in an Economic Downturn
-- Thursday, October 8: Clean Tech and the Midwest: Opportunities and A Global Overview: Doug Willett and Gail Longmore
-- John P. Katsantonis: New contact info.
-- Jeff Meredith: A great cartoon
-- Clay Shirky on Internet Issues Facing Newspapers
-- Steve Lundin: Blog comment on Chicago losing the Olympics: Chicago 2016: Maybe da Chicago way don't play so well outside'a Berwyn
-- Mona Pearl: The 2016 Olympic Bid: A case study in Global Business Development & Sales
-- FTC Values Sponsored Conversations at $11,000 Apiece
-- FTC: Blogger Freebies May Be Ad Fraud
-- FTC issues rules to end 'blogger payola'
-- FTC: Bloggers, testimonials need better disclosure
-- The FTC And DOJ: More Aggressive Antitrust Enforcement?
-- WOMMA Applauds FTC's Call for Transparency in Revised Advertising Guidelines
-- Monday, October 12: MEF downtown meeting: The Secret to Lasting Success: Maximizing your Relationship ROI, Michael Hahn speaker
-- Two notes from Jeff Meredith
-- Miscellaneous notes (6 messages)
__________________________________________
The Scoop section:
____________________
Echo Global Logistics Announces Pricing of Its Initial Public Offering

Subject: Echo Global Logistics Announces Pricing of Its Initial Public Offering
Date: 10/7/2009 6:29:55 A.M. Central Daylight Time
From: ed.longanecker@techamerica.org
To: Ronaldmay@aol.com

http://ir.echo.com/releasedetail.cfm?ReleaseID=413420

Best regards,

Ed Longanecker
Executive Director, Regional Director of State Government Affairs
TechAmerica Midwest
NEW PHONE: 630-282-4262
ed.longanecker@techamerica.org
www.techamerica.org
AeA & ITAA have merged to form TechAmerica

Where the future begins
++++++++++++++++++++++++++++++++++
October 2, 2009
Echo Global Logistics Announces Pricing of Its Initial Public Offering


CHICAGO, Oct. 2, 2009 (GLOBE NEWSWIRE) -- Echo Global Logistics, Inc. (Nasdaq:ECHO - News) announced today the pricing of its initial public offering of 5,700,000 shares of its common stock at $14.00 per share (before underwriting discounts and commissions). The shares will begin trading on Friday, October 2, 2009, on The NASDAQ Global Market under the ticker symbol "ECHO." In addition, certain stockholders have granted the underwriters the option to purchase up to an additional 855,000 shares at the initial public offering price to cover over-allotments, if any.
Morgan Stanley & Co. Incorporated and Credit Suisse Securities (USA) LLC acted as joint book-running managers for the offering. William Blair & Company, L.L.C., Thomas Weisel Partners LLC, Barrington Research Associates, Inc. and Craig-Hallum Capital Group, Inc. acted as co-managers of the offering.

The offering of these securities will be made only by means of a prospectus, copies of which may be obtained from Morgan Stanley & Co. Incorporated, 180 Varick Street, 2nd Floor, New York, New York 10014, Attention: Prospectus Department, or by calling (866) 718-1649 or by emailing prospectus@morganstanley.com; or Credit Suisse Securities (USA) LLC, One Madison Avenue 1B, New York, New York 10010, Attention: Prospectus Department, or by calling (800) 221-1037.

A registration statement relating to these securities has been declared effective by the Securities and Exchange Commission. This press release shall not constitute an offer to sell or a solicitation of an offer to buy, nor shall there be any sale of these securities in any state or jurisdiction in which such an offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such state or jurisdiction.

About Echo Global Logistics

Chicago-based Echo Global Logistics is a leading provider of technology enabled transportation and supply chain management services, delivered on a proprietary technology platform, serving the transportation and logistics needs of its clients. Echo's web-based technology platform compiles and analyzes data from its network of over 22,000 transportation providers to serve its clients' shipping and freight management needs. Echo procures transportation and provides logistics services for more than 11,600 clients across a wide range of industries, such as manufacturing, construction, consumer products and retail. For more information on Echo, visit: www.echo.com.

The Echo Global Logistics, Inc. logo is available at http://www.globenewswire.com/newsroom/prs/?pkgid=5293

CONTACT: Echo Global Logistics, Inc.
Kara Smith
312-676-5795
ksmith@echo.com
+++++++++++++++++++++++++++++++++++
http://finance.yahoo.com/q?s=ECHO

Echo Global Logistics, Inc.(NasdaqGM: ECHO)
Real-Time: 13.76 0.24 (1.71%) 11:59AM EThelp
Last Trade: 13.75
Trade Time: 12:17PM ET
Change: 0.25 (1.79%)
Prev Close: 14.00
Open: 13.99
Bid: 13.75 x 100
Ask: 13.76 x 200
1y Target Est: 17.00
Day's Range: 13.75 - 14.00
52wk Range: 13.05 - 14.34
Volume: 80,326
Avg Vol (3m): 2,136,970
Market Cap: 217.15M
P/E (ttm): 95.49
EPS (ttm): 0.14
Div & Yield: N/A (N/A)
________________________________________
Indiana Receives Federal Broadband Map Funding

Press Release

Washington, DC - Congressman Baron Hill announced today that Indiana is one of only four states to be selected to receive the first round of broadband mapping grants through the U.S. Department of Commerce's National Telecommunications & Information Administration (NTIA). The Broadband Data and Development Grant Program is funded by the American Recovery and Reinvestment Act (ARRA).

According to a release issued by the NTIA, the Indiana Office of Technology has been awarded approximately $1.3 million. The grant funds will go toward programs that increase broadband access and adoption through better data collection and broadband planning. The data will be displayed in NTIA's national broadband map, a tool that will inform policymakers' efforts and provide consumers with improved information on the broadband Internet services available to them.

The State Broadband Data and Development Grant Program is a matching grant program that implements the joint purposes of the ARRA and the Broadband Data Improvement Act. Awardees are required to contribute at least 20 percent non-federal matching funds toward project costs.

"This is great news for Indiana, particularly the rural areas of Southern Indiana," Hill said. "Access to broadband is a critical aspect of economic development, and is certainly beneficial for Hoosier families."

Source: Office of Congressman Baron Hill
__________________________________________
Terry I. Howerton II responds

Subject: May Report
Date: 10/5/2009 11:24:18 P.M. Central Daylight Time
From: terry.howerton@fastroot.com
To: ronaldmay@aol.com

Ron -

Your hit job on me is transparent and repugnant, just as it has been for others you've targeted recently. But it will not work on me.

I'm not going anywhere, and I'm not backing down.

There is not one shred of evidence beyond your fanaticized bullsh** that there is a single instance of impropriety relating to me and ITA finances or any of the other community efforts I support.

I criticized your poison as deleterious to Chicago, and tried to channel your efforts to positivity. You retaliate by digging back over a 22 year career (that started when I was 15 years old) to create sensational headlines, complete with "anonymous" emails.

You print a list of every TRAFFIC VIOLATION and COLLECTION and LANDLORD DISPUTE ever levied against me in my lifetime as if it's urgent and relevant news.

Two businesses in my 22 year career brought me "all in" as an entrepreneur, risking everything and losing. Both times it resulted in debts, collections and even a few lawsuits (once there was no blood left in the stone). It took me years to dig out of the hole.

But I've never filed bankruptcy or pissed away millions of dollars of investor money on frivolous or unscrupulous spending. And I worked for years to resolve my company debts.

I hired the first employee when I was 15 years old, and I've been at the head of a business every day since. There's been lots of employees and vendors... a few disgruntled without reason, and a few that I let down.

I've generated many millions of dollars of income, and spent many millions of dollars with vendors and employees.

Today I owe people money, and lots of people owe me money.

My payroll is current... and contrary to your anonymous hit job, we haven't missed any payrolls. All of the bills required to operate FastRoot are paid, and what debts is outstanding will be handled.

There is ABSOLUTELY NO CONNECTION between FastRoot liabilities and any of the community efforts I support.

I've contributed Several Hundred Thousand Dollars toward sponsorship and helping get things like ITA, TechNexus and other community efforts off the ground, and I spend nearly a thousand volunteer hours a year working on behalf of the tech community.

What good have you done for our community?

The poison you release into the world... character assassinations, anonymous attack jobs and sensationalizing utter bullsh** - is one of the main failings of our tech community over the past 15 years. I've tried my best to help channel you to a positive role, but you're completely unredeemable.

I've interacted with thousands of people in Chicago... I've worked hard, and spent lots of my personal money, to help build a better tech community in Chicago, for students and innovators and entrepreneurs.

I do not care for the opinion of anonymous sycophants or those who spend their time sitting on the sidelines barking about people in the arena trying to make things work.

I'm not going anywhere, Ron. I stand by my work and positive contribution to this town, and the work still to be done.

But I now join the rest of Chicago's community leaders in belief that you are an incurable cancer to Chicago, and unworthy of any attention or access.
_______________________________________
Anonymous: A reader comments on the ITA, Hoch, Howerton and BusinessWeek

From: Name withheld upon request
Subject: Businessweek
Date: Mon, 5 Oct 2009 17:46:44 -0700 (PDT)
To: ron@themayreport.com

Ron,

Please keep my email and name out of your report.

ITA needs to keep Fred away from the press and Terry really needs to focus on his business affairs. No offense, but Hoch just misses the boat as a suitable public figure. And for Terry? 36 lawsuits, including $400K from the company they leased Technexus from? If that is true, PLEASE! Is this the best we have to offer?

I would like to see some new leadership at ITA. They have done a good job up until now, aside from their shortcomings, but I know several people who agree that they don't have the skills to take the organization to the next level. Ironically one of them is a tenant at Technexus. Even one of their own employees has expressed significant frustration and has little faith in their capabilities long term.

I have taken many risks over the years and I've actually been sued twice. There is a big difference between taking risks and being flat out irresponsible. It also takes a real man to step aside when their skills don't meet the challenges at hand, and we have some BIG challenges to address. If they really do care about the community, step aside and bring someone in that can better represent our industry and the challenging we have yet to overcome.

No name
___________________________________________
Jeanne Heydecker: Comments on the importance of paying bills

From: Jeanne Heydecker jeanne.heydecker@gmail.com
Subject: Re: The May Report: 10/05/2009: Howerton defendant in 36 suits; plaintiff once; Where is the board?; ITDA grant of up to $500K to be transferred in $75K per month chunks; LeAnne and Kathy on board at ITA w/ Jack & Keith very much in limbo
Date: Wed, 7 Oct 2009 03:13:58 +0600
To: The May Report ron@themayreport.com

Bottom line for any company is to pay off their legitimate expenses to their employees. Maybe it's a soft spot for me, having specialized in marketing for startups, but you have a budget. You know your burn rate. You know how far your reserves will last.You know that the guy making 12,000 as your janitor can't possibly make his salary up elsewhere. Same with the receptionist. They're human beings. Your six figure salary is not a priority when that pays for months on end for the little guys.

Once you understand this, and act upon it effectively, even as the person who founded the company, people will still be willling to engage... It's a win-win for everyone. Stiff your staff, screw your vendors, etc., and they'll know you don't understand how to run a business, even with your MBA. Doesn't matter what business you're in.

- Jeanne Heydecker


On Tue, Oct 6, 2009 at 5:25 AM, The May Report <ron@themayreport.com>wrote:

Anonymous: Howerton article
Subject: Howerton Article
Date: 10/5/2009 1:55:25 P.M. Central Daylight Time
From: Name withheld upon request
To: RONALDMAY@aol.com

Just - WOW!


Good investigative work.

This isn't simply, as I've heard Terry say, "a small business struggling, as most do". Not paying his bills goes back a long way and you've only reported what's public knowledge. I know several people that Terry borrowed money from, promising a return on the investment...

You left out of the article that many times he has failed to pay employees that have worked hard for him. Employees that wound up so frustrated that they had to leave and start over again.

Running a business is difficult and comes with certain responsibilities that should be taken seriously.

If you're not cut out for handling these responsibilities, you should not be running a business. Plain and simple.

Please keep my name out of TMR.
--
Jeanne Heydecker
Email: jeanne.heydecker@gmail.com
Blog - American in Delhi: http://american-in-delhi.blogspot.com
Blog - American in Calcutta: http://american-in-calcutta.blogspot.com/
Facebook Profile: http://www.facebook.com/home.php?#/profile.php?id=725880395&ref=name
Linkedin Profile: http://www.linkedin.com/in/jheydecker
Follow me on Twitter: http://twitter.com/jeanneleez
_____________________________________
Briefly noted, by Ron May

* All I can tell you is that Jack Curley and Keith Brumbaugh's cell phone numbers (630.930.4009 and 630.589.4349 respectively) have been disconnected. Those numbers were paid for by the ITDA which still has slightly less than three quarters of a million dollars in the bank, but nonetheless, they felt they had to disconnect Jack and Keith in less than thirty days after announcing the ITDA/ITA merger and during a period when they are still supposedly being considered for positions at the ITA or affiliated with the ITA.

If there was any question about Fred Hoch's sincerity in wanting to develop a program for Jack and Keith to work under, the disconnection of the cell phones pretty much tells the tale.

My information on what is going on has been getting better and better every day. Fred has "demanded" and yes, that is the word to use, that he is the man in charge. Fred is large and in charge. I have noticed that Terry Howerton has gone out of his way lately to defer to Fred. That interview I had with Fred was preliminarily set up by Terry in both a call and email, but it was made clear to me that Fred is THE person speaking for the ITA.

Furthermore, the BusinessWeek article makes no note of the fact that being a tenant in TechNexus does not mean being an ITA member. One firm that was not an ITA member, but was in TechNexus is Payment Pathways run by Rick O'Brien. But now, because of the merger with the ITDA in which Payment Pathways was a member, they are a member of the ITA.

Why is such trivia important? Well, it just underscores what I said two days ago: The ITA has no monopoly on helping entrepreneurs and there is some distance between the ITA and TechNexus which can also perform the same function; so could the ITDA, TiE, the CEC, the MIT-EF, iBIO, MEF, Tech Cocktail, Tim Courtney and Andy Angelos's group, Art Zard's group, eFactor, Executives Profit, Chicago Community Ventures which showed up at Tech Expo all the incubators in town from IIT to Evanston to the Illinois Medical District to the Skokie facility for science and technology to many more; and let's not forget the City of Chicago, all the angel groups and the IVCA, plus all the social media groups from those run by Barb Rozgonyi to Hope Bertram to many more.

And the client services provided by guys like Jack and Keith or a Joe Scroppo are part of that help to entrepreneurs.

In my view, it is highly disingenuous for Fred to say to me in the interview that funding for such people generally comes from goverment money when he is himself the beneficiary of such government money through the grant from the ITDA. He can talk about having a long term sustainable revenue model till the cows come home, but was that same standard of performance applied when they brought LeAnne and Kathy on board?

Where Terry Howerton is concerned, I have not suggested that he "go away." I have only suggested that the board do its job. Seriously Dick Reck, Scott Glickson and Jack Noonan, what is the role of a board member and the board as a whole? Is it just an honorary position and is your job just to turn up once a quarter for a lot of back slapping and self-congratulatory banter? Do you see it as a pro forma job?

Or is there real responsibility and work involved which includes due diligence and governance?

I ask the same question of our buddy Bob Geras who must agree, had there been true governance at the Media River board, the fiasco with Wasserberger would have been averted.

I don't know why Howerton was not able to raise any VC money, but a darn good guess might be that some VCs do the basics of due diligence, sort of like what I have done and that would kill it.

It may very well be true that Howerton's financial problems do NOT spill over to the ITA and for all I know, Fred Hoch and the board will keep a tight reign to be certain they don't bleed over. Yet, it is true that Howerton, with no help from the board -- financial help, that is -- put in his own firm's money for many things. Some estimates are in the $250K range.

My sources indicate that if Terry did leave the ITA and the TechNexus facility, things would continue as before.

The same goes for Fred, but as I understand it, no real succession plan is in place.

But for that matter, what is the succession plan for TMR or the MEF? :-) Some folks like Ron May and Jerry Mitchell just want to hang around forever. Look, we all have to have a sense of humor about all of this.

Despite what Terry would have you believe, I am not attacking him and since when is it a bad thing to print publicly available and readily available information without comment?

But aside from the ITA, Howerton's school initiative and his vision of a much larger (300,000 sf TechNexus) do involve him personally and cannot be hidden entirely by the veil of the title of chairman of the ITA.

Howerton told me that with the title of chairman, people do return his calls and that allows him to further his efforts on behalf of the community. I wish him well with that. I really do, hard as some may find that to believe.

Terry and I actually have a lot in common. How successful is this report from a pure business standpoint? Not very, but like Terry and his non-business activity which is substantial, I am driven by passion and both of us have passion to help the community, although we have a different way of doing it. :-) and :-(

One difference is that I work alone in my apartment and try to save as much money as possible. The reason I was delayed at the registration table for about 15 minutes for the Smart Bet Poker Charity on September 17th is that I kept asking the people at the table, mostly Kyle of the CEC, to bring Jim Dugan over. The reason for that was that Jim gave me a discount last year and charged me $50 instead of $100. I was going to tell Jim that I gave $25 to the school Terry is supporting on July 13th, so he may have let me in for $75.

Terry was there, but he bought two tables of seats, as I have heard it. Is Terry fiddling while Rome burns? Is he trying to be seen as a big shot? I honestly don't know. Ask him.

It is all a matter of having one's priorities in order. Both Ron May and Terry Howerton have screwed up priorities when it comes to business and being focused on making money by our own admissions. Terry spends at least 30% of his time on community service not related to building Fastroot. I spend about 90% of my work time when I am not in the hospital or dialysis on the content of the report and about 10% on selling ads and other business issues.

Although he needs to do more, Lou Calamaras has been selling some ads and Lou now has no ads to sell for Midwest Business since they have stopped publishing. I asked him earlier today when they will resume publication and Lou said that he did not know, "Ron, that's a corporate decision." I laughed out loud. Corporate decision? That is a just another way of saying that Josh Metnick (formerly Schneider) has to get off his duff and decide what to do which will probably be to cancel continued publication.

We certainly do have a lot of characters in this town, myself included.

Which leads me to this question: What chance does Terry Howerton actually have of doing business with the City of Chicago given his long and checkered business track record? At a time when money is tight, the Mayor's approval rating is at an all time low and Patrick Fitzgerald is literally picking off politicos one by one, the last thing the city needs is someone with a dodgy background. Howerton may be using sleight of hand with his chest beating about community service --but this only fools people who are meeting him for the first time. His tracks lay just below the surface. Does he actually think that no one at City Hall will do any due diligence on him?

Last night at the BNC meeting I asked Art Mertes about all these issues, the responsibility of the board and so forth. He mostly just had the Cheshire cat smile and said "No comment."

That is pretty typical. Who would stick his or her neck out to take a stand? Not in this town.

There are really three key questions here.

1. Is the ITA board fully aware of Terry Howerton's financial situation, both now and before he became chairman? In particular did the executive committee made up of Joe Fuller, John Jasper, Jack Noonan, Peter Tapling, Bill Waas and Eric Wasowicz know?

2. If they are aware, have they signed off on it and do they believe it to be irrelevant to his functions as chairman? Can they say so publicly for all of us to know that at least? Two operating principles, accountability and transparency. Again, this is not about personalities, but about policies, procedures and systems.

3. If they are not aware, two questions: Should they have been aware of it either through Howerton's own disclosure or through their own due diligence?; and second, if they should not have been aware then what exactly do they view their responsibilities as being, fiduciary and otherwise?

I am more than willing to take a formal statement from the board, or from even the executive committee that they are accountable and they have full awareness and confidence in Howerton. The whole board of forty is just ridiculously large despite what Terry says. It is almost grotesque. And how can a board of that size have any real focus, given how diffused it is?

Someone said to me today, "This is not Efoora, Ron." I agree, it is not. It is business contracts that are unfulfilled and lots of debts owed with judgements against Terry in two cases exceeding $2MM.

That same person said that having debt does not disqualify Terry from doing his job for the ITA, TechNexus and the high school. That may be so, but I would like to know more about what the board really thinks about that. What does the City of Chicago think?

The same person said to me, "How do you know the board does not know about this?" and my response was that I don't know, but based on the way that letter was written by Terry which sounds somewhat like a guy jumping on hot coals, my bet would be that the board is unaware.

My job is to ask questions. The job of others, such as the board of the ITA, is to answer them and to be transparent and accountable in doing so.

* I went to the BNC Capital Group meeting last night and found it interesting.

Bill Zangwill, who has been a professor at the University of Chicago Booth School of Business for many years and who has studied decision science for the last five years, has become a regular at the BNC Capital Group and is looking for people who can help him validate his decision system which has been used by the Department of Defense and by several intelligence agencies and the FBI.

Bill wants to see if it can be adopted for decision making in the corporate world. He told me that the hard part was working out the algorithms. Bill's background is management science and operations research.

If you would like to improve your business decisions and feel like being a guinea pig for Bill, contact him. willard.zangwill@chicagogsb.edu and 773-702-7289.

++++++++++++++++++++
https://www.chicagobooth.edu/faculty/bio.aspx?person_id=12826007552

Willard I. Zangwill, who joined the Chicago Booth faculty in 1978, conducts research in the areas of management science, operations strategy, innovation, new product development, best practices, and executive-level business decisions. His recent research led him to create a number of new algorithms and processes to help make better decisions, combining concepts from six sigma, behavioral decision analysis, and new research findings on how the mind obtains insights and creates new ideas. He has developed software for decision making that has been widely applied not only in business but for homeland security.

Zangwill has held positions at several prominent organizations, including the University of California at Berkeley; the U.S. Department of Health, Education, and Welfare; the U.S. Office of Education; and the University of Illinois, where he was chairman of the Management Science Group. He also has worked as a consultant for General Electric, the RAND Corporation, IBM, Ameritech, and Honda.

He is the author of five books and more than 50 published papers on the theory and application of operations research and management science concentrating on the areas of mathematical programming and production analysis. Zangwill was also the recipient of a Ford Foundation Faculty Fellowship to write a book on nonlinear programming. He has received an Office of Naval Research grant as a principal investigator into problems of logistics and statistics.

Zangwill graduated from Columbia University with a bachelor's degree magna cum laude in physics. He continued his education at Stanford University, where he earned a master's degree in statistics in 1963 and a PhD in operations research in 1965. During his time at Stanford, Zangwill was awarded a National Science Foundation Fellowship.
Selected Publications

With Paul B. Kantor, "Toward a Theory of Continuous Improvement and the Learning Curve," Management Science (July 1998).

------------------------------
"Fast Quality for Fast Results," Academic Initiatives for Higher Education (1995).

-------------------------------
"Focusing All Eyes on the Bottom Line," The Wall Street Journal (March 21, 1994).

-------------------------------
"When Customer Research is a Lousy Idea," The Wall Street Journal (March 8, 1993).
+++++++++++++++++++++++++++++++++++

* May again. David Carman and I talked for an hour last night after the BNC Capital Group meeting ended. He wants to start a social media division for Business Network Chicago which has eight divisions right now. One question he kept asking me was "Who is the top person in Chicago for social media?" You know I had a problem with that question. I threw Rollyson and Willinger and Melissa G. overboard. I told him that many so-called social media experts were doing something entirely different a year to eighteen months ago and it is hard to know who is an expert and how to evaluate their expertise. You can reach David here: davidcarman@bnchicago.org
312-943-6376

There is a firm that presented last night called Forward Momentum with products under the name Gnome Frenzy, www.gnomefrenzy.com and www.ultimatesportsdecor.com

They are up and running and doing about $150K a year now and they are looking to raise $200K. The principals are David Culver and Andrew Nadler.

* That Hollywood Blvd. deal is still not closed but it is close. They are still trying to get another $80K and the money brought in by David Carman and his associates is about $130K, I think. So, based the 10% rule, Carman would make about $13K. That is one heck of a lot of work for $13K.

Carman told me that BNC, Business Network Chicago, has about 3,500 members but they don't pay for membership yet.

* I had a very interesting conversation with Mona Pearl today about how the Chicago Olympic big got screwed up and she has written about this which is in this report but I will have more on it tomorrow.
________________________________________
Advanced Diamond Technologies Introduces World's Smoothest Diamond

Subject: Advanced Diamond Technologies Introduces World's Smoothest Diamond
Date: 10/6/2009 6:05:34 A.M. Central Daylight Time
From: nkane@thindiamond.com
To: ronaldmay@aol.com

FOR IMMEDIATE RELEASE
Advanced Diamond Technologies
Introduces World's Smoothest Diamond

Romeoville, IL -October 6, 2009- Advanced Diamond Technologies, Inc. (ADT), announces the introduction of
UNCD® HorizonTM, the world's smoothest vapor-deposited diamond, to its family of award-winning diamond products. UNCD Horizon represents a generational leap in diamond wafer technology that brings the surface roughness of diamond films to levels comparable to electronic grade silicon wafers; opening up new vistas for the application of diamond into a wide variety of electronic and biomedical devices.

While ADT's UNCD Wafers are known for their outstanding smoothness-on the order of 10 nanometers (nm)-UNCD Horizon improves the smoothness by an order of magnitude to 1 nm. Such exceptionally smooth diamond enables its integration with other materials and makes diamond feasible for a variety of groundbreaking applications such as: RF (radio frequency) MEMS (micro electrical mechanical systems) devices, nano imprint lithography (NIL), diamond nanophotonic technology, biosensors, and biomedical devices. UNCD Horizon also enables the direct bonding of diamond heat spreaders to transistors, solving one of the most vexing problems in the semiconductor industry, and permits the deposition of epitaxial silicon directly on diamond.

To achieve UNCD Horizon's ultra-smoothness, ADT used an industry standard semiconductor process, chemical-mechanical planarization (CMP), and applied it to UNCD Wafers. "Using CMP opens up enormous possibilities for new applications leveraging wafer-scale processing techniques to make diamond-based devices," said Dr. John Carlisle, ADT's chief technology officer. Diamond, being the world's hardest material, is notoriously difficult to planarize. "The key was to start with our UNCD Wafers, which are already smooth, and by using CMP create an astonishing level of precision that puts diamond on everyone's technology roadmap," said Neil Kane, ADT's president.

UNCD Horizon makes surface acoustic wave (SAW) devices possible for mobile wireless applications that integrate diamond with highly optimized AlN (aluminum nitride) piezoelectric films. Such devices combine low insertion loss with high quality factors and higher frequency operation, directly integrated with CMOS drive electronics, thereby improving overall performance. Smoothness is critical for making devices that consume less energy. "The ability to produce diamond wafers with such ultra-smooth surfaces may open many new opportunities for diamond in RF electronics, in particular filters that work in the GHz frequency range," said Dan Stevens, Vectron International's chief technology officer.

Columbia University is using UNCD Horizon for NIL which allows researchers to mold nanoscale patterns with sub-10 nm resolution into substrates that are used to manufacture biological flow cells and semiconductors. UNCD Horizon is uniquely suited for the fabrication of nanoimprint molds because it allows for feature sizes on the order of a few nm with excellent mechanical properties as well as low stiction and biocompatibility. "UNCD Horizon's very low roughness meets our needs to make nanoimprint molds durable enough for the high pressures and mechanical forces applied during the nanoimprint process," said Mark Schvartzman of Columbia University's Nanotechnology Center for Mechanics in Regenerative Medicine.

Researchers at Harvard University are using UNCD Horizon to develop diamond nanophotonic technology as an enabling platform for applications in bio-chemical sensing, optical information processing, and nanoscale mechanics. "We believe that the diamond nanophotonic technology that we are developing will play an important role as an enabling platform for quantum information processing and sensing applications," said Dr. Marko Loncar, professor and principal investigator, Harvard University's Laboratory for Nanoscale Optics.

UNCD Horizon has been used to determine the feasibility of using a focused ion beam (FIB) to create a NIL hard mask. Using diamond as the hard mask eliminates stiction issues critical in imprint lithography. Using a FIB to pattern the master stamp adds flexibility and eliminates process steps in mask creation. Dr. Warren McKenzie, of the University of New South Wales, demonstrates a diamond NIL hard mask made in the image of ADT's logo (see photo above-ADT's logo patterned on UNCD Horizon, courtesy of Dr. Warren McKenzie, University of New South Wales); results were published in Microscopy and Microanalysis, July 2009.

UNCD Wafers meet foundry specifications for particle count, wafer bow, and cleanliness and they can be patterned using reactive ion etching and integrated into complex thin film heterostructures. UNCD Horizon enables diamond to be used as either an integrated film or sacrificial layer. "There has always been a tremendous interest in diamond as an engineering material and now UNCD Horizon enables diamond to be integrated in MEMS and semiconductor fabrication sequences," said Dr. Diane Hickey, ADT's director of sales and marketing.

UNCD Horizon is available on 100 mm wafers and 1 cm2 wafer die, other wafer sizes are available upon request, and can be purchased at ADT's website, www.thindiamond.com.


About Vectron International
Vectron International is a world leader in the design, manufacture and marketing of Frequency Control, Sensor, and Hybrid Product solutions. For more information, visit www.vectron.com.


About Columbia University's Nanotechnology Center for Mechanics in Regenerative Medicine
Columbia University's, Department of Biological Sciences, Nanotechnology Center for Mechanics in Regenerative Medicine aims to advance understanding of cellular mechanical biology to develop technologies for regenerative medicine. For more information, visit www.mechanicalbiology.org.


About Harvard University's Laboratory of Nanoscale Optics
Harvard University's School of Engineering and Applied Sciences, Laboratory of Nanoscale Optics is a leader in nanophotonic research. For more information, visit www.nano-optics.seas.harvard.edu.

About the University of New South Wales

The University of New South Wales is one of Australia's leading research and teaching universities. It is host to groundbreaking research in fields such as quantum computing, molecular engineering, photovoltaics, robotics, and biomedical research. For more information, visit www.unsw.edu.au.


About Advanced Diamond Technologies

Formed to commercialize the ultrananocrystalline diamond technology invented at Argonne National Laboratory, ADT is the exclusive licensee to its portfolio of diamond patents. ADT is a World Economic Forum 2007 Technology Pioneer, a recipient of a 2008 EuroAsia IC Award in the Materials Enabling category from EuroAsia Semiconductor magazine, a 2008 R&D 100 Award winner for UNCD Seals (mechanical seals for pumps), and a 2009 R&D 100 Award winner for NaDiaProbes® (the world's first all-diamond AFM probes). For more information, visit www.thindiamond.com.


Calyx Consulting
Jill Jackson
Email: jill@calyxconsulting.com
Phone: 312.231.9870
__________________________________________
Weave The People Helps Companies Unleash People's Potential

From: Paul Caswell paul@weavethepeople.com
Subject: Weave The People Helps Companies Unleash People's Potential
Date: Tue, 6 Oct 2009 10:40:52 -0500
To: The May Report ron@themayreport.com

Weave Technology LLC today launched www.WeaveThePeople.com , a web- based tool that helps companies unleash the potential of their employees through more effective meetings. Weave The People is ideal for corporate events, executive retreats, sales and marketing meetings, or meetings with a leadership team after a merger or acquisition. A happy customer said: "There is no doubt in my mind that Weave The People helped us have the most successful meeting possible because people were energized and informed on each others' passions even before the meeting began."

There is no doubt in my mind that Weave The People helped us have the most successful meeting possible because people were energized and informed on each others' passions even before the meeting began.
"How can we leverage technology to unleash people's potential? How can we ignite group conversations to move companies forward? I have explored these questions for years," said Weave Technology LLC Technology Founder and CEO Paul Caswell. "Fascinated by technology and frustrated with many corporate meetings, I decided to create Weave The People--a simple tool to make face-to-face meetings more effective. In these tough times, we are challenged to make every employee count and that's what Weave The People is here to do."

Companies that host face-to-face meetings already know the power of their people. Weave The People maximizes investment in such events, replacing the randomness of networking with purpose-driven conversations. To make this happen, WTP asks meeting attendees questions to spark innovation and foster alignment. The web-based tool then aggregates and displays people's answers visually.
As such, Weave The People helps companies guide conversations before, during and after group meetings. People walk away with new business partners, best practices and a web-based Weave to keep the conversation going.
"There is no doubt in my mind that Weave The People helped us have the most successful meeting possible because people were energized and informed on each others' passions even before the meeting began," said Scott Graf, president of BCD Meetings and Incentives, part of BCD Travel, a global company with $14 billion in sales.
Weave The People is a critical business technology for professionals in human resources (HR), training and development, corporate communications, internal communications and other executives interested in engaging employees, hosting effective meetings, and improving business performance. Weave The People is ideal for corporate events of up to 150 people, team building, executive retreats, sales meetings, or corporate meetings after a merger or acquisition.
Weave The People is a business tool designed to help employees achieve greatness. While the ambition is big, the process is simple:

* Weave The People works with a company to identify meeting objectives and the types of questions that will entice conversations about important, compelling topics.
* Employees fill out a short survey and provide a photo.
* Weave The People builds a Weave--a visual, interactive display-- grouping people by, for example, talents and passions, expertise, business goals and opportunities.
* Attendees view the Weave on the web prior to the event. This gives people the insights and knowledge needed to connect at the event, which results in stronger relationships and greater collaboration after the event.

"If you are planning to bring people together, then you already know that great things, and even brilliance, can happen during face-to-face encounters," Caswell said. "But why have a face-to-face meeting if you don't have a tool to maximize those connections? Weave The People is that tool."

Online Press Release here: http://bit.ly/weavelaunch

About Weave Technology LLC
: Chicago-based Weave Technology LLC was founded in 2008 by Paul Caswell, a U.K.-born technology inventor who now calls Chicago home. The October 2009 launch of Weave The People, Weave Technology's first product, is the culmination of five years of technology development, immersion in Chicago's tech community, and feedback from companies that served as early adopters. Weave The People helps companies unleash the potential of their employees through more effective, face- to-face meetings. For more information, visit http://www.weavethepeople.com/ . Follow Paul Caswell on twitter http://twitter.com/paulcaswell.
_______________________________________
Two of AskMen.com's Top 10 Most Influential Men of 2009 are technologists

http://omg.yahoo.com/blogs/a-line/askmens-49-most-influential-men-of-2009/281?nc

AskMen.com's Top 10 Most Influential Men of 2009 are:

1. Don Draper

2. Usain Bolt

3. Barack Obama

4. Mark Zuckerberg

5. Simon Cowell

6. Michael Jackson

7. Steve Jobs

8. Roger Federer

9. Peyton Manning

10. Dana White
________________________________________
Thursday, October 8: Executives Profit: "Tales From the Entrepreneurial Trenches"

Subject: Re: The May Report: 09/30/2009: Avery Cohen's take on the Social Media meeting -- and he shows signs of life with his critique of the Hansen and Allen "Cash in a Flash" old time tent show; Julia Stamberger to be honored at State Department e
Date: 10/1/2009 8:12:47 A.M. Central Daylight Time
From: jason@jacobsohn.com
To: RONALDMAY@aol.com

Hi Ron,

The event that Julia couldn't participate in is not an E.Factor event. It is hosted by The Executives Profit.

Here are more details:

http://www.theexecutivesprofit.com/calendar/index.asp?id=135

Jason


Jason Jacobsohn
773-368-0229
jason@jacobsohn.com
++++++++++++++++++++++++++++++++++++++++
Events Calendar
"Tales From the Entrepreneurial Trenches" .............. Panel Discussion
Date: Thursday, October 08, 2009
Time: 8:30 AM - 10:00 AM
Price: $20
Seating: FULL - Registration Closed
This event is Sold Out. The 2nd event of this series will be on Friday, November 13th.
Event Information
This event is full. Please register for our November event early to reserve your seat.

Thank you,

In this panel discussion, hear first hand from several entrepreneurs on how they successfully started and grew their businesses. Learn how they did it and come away with some new insights into running a business.


The discussion will include some of the following topics:

· Aha moment when business idea was formed

· Raising capital to fund the growth of the business

· Landing the first client and growing sales thereafter

· Hiring the right staff

· Fine tuning products and services

· How business has evolved from beginning to today

After the discussion, attendees will be able to participate in a Q&A session with the panelists. Open networking will take place before and after the panel discussion so you can interact with other entrepreneurs in the room.

Entrepreneur Panel

Rick Mazursky
Principal/Coach
www.theexeuctivesprofit.com

Rick has experienced in product design and development, marketing, domestic and international distribution and Far East manufacturing. He held many leadership positions including; President of Vtech Industries and CEO of Digital Innovations. He currently uses his prior experiences and talents to help others create or build their product or business. He is currently President/Founder of PDQ Mazoo, a product realization company and co-founder and executive coach in The Executives Profit a business consulting company.

o Inducted into the Entrepreneurship Hall of Fame
o Nominated for the Ernst & Young Entrepreneur of the Year Award
o Awarded Nine U. S. Patents

Kim Shambrook
Executive Chef/Owner
Bespoke Cuisine
www.bespokecuisine.com

Growing up in rural Roberts, Illinois, Kim had her own pig farm at the age of 12. She also learned how to twirl a cone to perfection at her mother's diner-cum-custard stand The Lickety Split. Kim played a regular part in the daily rituals of cooking and communal feasting as a child and her love of rural culture, simplicity, and seasonal tastes inspire her every move at Bespoke Cuisine. Kim spent much of her life working as a corporate executive at both closerlook, Inc. and the National Association of Realtors. She finally cast off her shackles and enrolled in culinary school at Kendall College in Evanston, fulfilling a life long dream.

o Holds BA and master's degrees in education
o Voted one of city's top boutique caterers
o Voted the best in Chicago in 2007 by Citysearch editors

Patrick Stakenas
President/CEO
ForceLogix
www.forcelogix.com

Patrick has over 20 years of industry executive and entrepreneurial experience and has served as Senior Vice President of Sales and Operations at CCC Information Services, FileNet, and OpenText. He also started the US Operations for an international CRM company, where he successfully grew annual revenue to $14 million within 18 months which led to a successful acquisition. Earlier in his career, Patrick served for 13 years with Moore Corporation in various sales management and executive roles where he created the foundation for what is now ForceLogix' industry leading Sales Force Optimizer suite of solutions.

o He is a frequent guest lecturer on sales performance management, customer relationship management and the importance of creating customer-centric organizations.
o Patrick earned his B.S. Business Administration and Marketing from Ferris State University and holds an Executive Management Certificate, Northwestern's Kellogg School of Business.

Eric Fosse
Owner

www.homemadepizza.com

Eric Fosse founded HomeMade Pizza Company in Chicago in 1997 with his wife Audrey and brother-in-law Matt Weinstein. Starting with a single store front on Belmont Ave. and a dream of creating a new kind of pizza experience using all-natural ingredients and high-quality produce, Eric and his partners have since grown HomeMade into a thriving brand known as much for its dedication to customer service, as its promise to keep dinner fresh, convenient and, most importantly, delicious. Today, HomeMade has 16 stores in the Chicago area, 5 in the Twin Cities and 4 new stores in the DC metro area.

Eric, 48, was born and raised in Glencoe and spent the first fifteen years of his career in the loose diamond business, working first out of Chicago and then New York, before giving it all up to somehow find a way to share his love of great food with others (lots of them).

Today, even as his company continues to grow, Eric remains HomeMade's guiding hand, running day-to-day operations from the company's new West Loop headquarters. Eric and Audrey and their three young daughters live in Glencoe.

Moderator

Jason Jacobsohn
Director of Business Development
The Executives Profit
www.theexecutivesprofit.com

Jason Jacobsohn is well known in the Chicago area as a "connector" and go-to person for entrepreneurs who want to grow and maintain their success. Currently, he is Director of Business Development for Sales Results, Inc. and The Executives Profit, both of which provide results focused sales training and executive coaching for entrepreneurs.

Jason is familiar with the needs of small business owners as a result of his assistance to hundreds of entrepreneurs while working at KMG Enterprises, Chicagoland Entrepreneurial Center, and Vcapital. With his extensive network, he is able to provide the appropriate resources to entrepreneurs at various stages of development.
Jason's achievements in the entrepreneurial community include: spearheading a statewide mentoring program, orchestrating a comprehensive small business seminar series, assisting entrepreneurs in raising capital, screening deals for investors, judging several business plan competitions, and speaking to various groups about the fundraising process.
_____________________________________
Wednesday, October 21: The E.Factor Presents - Securing Funding in an Economic Downturn

Subject: E.Factor event on Funding - Mark your calendars - October 21st
Date: 10/6/2009 11:24:15 P.M. Central Daylight Time
From: kathy@efactor.com
To: kathy@efactor.com

The E.Factor Presents - Securing Funding in an Economic Downturn

Date: Wednesday, October 21th
Time: 6:00PM - 9:00PM
Venue: Eivissa, 1531 N Wells St.
Register online at: http://www.efactor.com/p/events/id=97 (see below to see how you can attend this event FREE**)

We have identified that this is perhaps the most stressful component of starting a business for many entrepreneurs and the feedback from our NY event covering the same topic has been tremendous. We were honored to have Jennifer Hill of Astia.org and MSNBC, Michael Brown Jr. of The Virgin Group and David Blumenstein from The Hatchery on the panel.

There are several organizations in the Chicago market and throughout the Midwest, but I am finding that many local entrepreneurs are not familiar with them or are not sure how to gain access. The process of funding is especially complicated and many entrepreneurs do not understand where to start, particularly in an economic downtime. Members are allowed to post questions and these are some of the most common:

Is anyone funding start-ups?
What is the difference between Venture Capital and an Angel Investor?
Where do I turn if my company is not involved with a technology start-up?
You say there is money available, but where do I start?

With corporate America and our economy crumbling around us, it will be the existing 27 million small businesses in this country and those who have the courage to call themselves "entrepreneurs" that will have the greatest impact on our recovery. My goal is to continue my personal journey as an entrepreneur and encourage others to join me.

Please join me for an incredible night of education, networking and resources. I would also like to invite you to join me as a member of E.Factor, an online portal built by entrepreneurs for entrepreneurs. Our community has over 750,000 members in nearly 160 different countries and the site is filled with an assortment of valuable tools. Simply fill out your profile and start connecting with other entrepreneurs!!

**Each year we host a minumum of 6 events in each market and for as little as $3/month (Knowledge Package membership level) you can attend all of our events for FREE!! Basic membership is free and each event costs $10.00.

Don't forget that Global Entrepreneurship Week is November 16-22. We are creating a petition asking local government to support entrepreneurial efforts in Illinois - please contribute by sending this email to anyone you know who is an entrepreneur/small business owner. Cut and past the list below and send it back to me.

Name

Address

Phone

Company Name

Website

Type of business

Year you started the business

Number of employees

Annual revenues

I look forward to connecting with each of you and building a global network.

Kathy Mosley
Entrepreneur
kathy@efactor.com
www.efactor.com
http://www.linkedin/in/kathymosley
www.core-networking-group.com
630.532.1000 direct
888.223.6386 fax
________________________________________
Thursday, October 8: Clean Tech and the Midwest: Opportunities and A Global Overview: Doug Willett and Gail Longmore

Subject: Last Reminder: October 8 Clean Tech and the Midwest: Opportunities and A Global Overview
Date: 10/7/2009 8:05:25 A.M. Central Daylight Time
From: monapearl@beyondastrategy.com
To: MonaPearl@beyondastrategy.com

Dear All,

Please note we added Doug Willett.

Hope to see you tomorrow,

When: October 8, 2009 @ 08:00 AM - 09:30 AM

Where: 444 North Michigan Ave., Conference Room

Special thanks to our host and sponsor, Mr. Suleyman Sozeri - Turkish Trade Commissioner

You need to pre-register to be able to enter the building. No walk-ins.

Please have a valid ID.

To Register: https://www.123signup.com/event?id=jstcc

Speakers:

Doug Willett has more than 30 years experience in the environmental management and consulting field. He also provides support and consulting for renewable and alternative energy projects, energy efficiency, and sustainable solutions for industrial, commercial and governmental clients. Mr. Willett provides support on international opportunities for private equity groups, commercial developers, and manufacturers. He has several strategic relationships whereby he can provide sustainable alternatives to standard environmental and energy solutions such as treating asbestos to render it non-hazardous; municipal waste treatment to produce power, steam, and reusable byproducts; and zero discharge wastewater treatment. His experience includes site assessments; regulatory affairs; property redevelopment; mergers, acquisitions, and divestitures; compliance management; and business strategy and analysis.

Mr. Willett is a degreed Chemist and holds a real estate broker's license. He is an active member and Committee Chair of the Chemical Industry Council of Illinois, the Air & Waste Management Assn., the National Brownfields Assn., and the American Chemical Society. He presents often on a variety of topics related to energy and the environment, including sustainability.

Gail Longmore is the Managing Director of the Global Midwest Alliance. She has over 25 years of business management and development experience. Gail has worked with over 50 companies seeking to enter and develop new markets. Her experience includes domestic and international market entry strategies; international site location for manufacturing, sales and headquarters; representation of government agencies promoting regional economic development; and, solving strategic training, personnel and productivity problems.

Before becoming a consultant, she set up and effectively managed North American operations for a multinational corporation rising to be a member of the Board of Directors of the parent company. During her time as Vice Consul with the British Consulate, she built a portfolio of business relationships throughout Europe and the US. Today she continues to represent government agencies on an ongoing and project basis, targeting companies in specific industry sectors.

Gail has worked with Fortune 500 companies at senior levels. She has worked with companies in a wide variety of industry sectors including automotive, chemical, distribution, media, telecommunications, healthcare, pharmaceutical and electronic component assembly.

Full event info:

https://www.123signup.com/event?id=jstcc

Grow your international contacts, learn about new opportunities and share leads. The BNC International meets the second Thursday morning of each month with the purpose of providing a platform for lead generation, collaboration, and discussion of issues affecting international business.

Mona Pearl
Founder & COO
Contributing Editor for Manufacturing Today Magazine
Direct: (312) 642-4647
www.BeyondAStrategy.com

Turning Vision Into Value.
_____________________________________
John P. Katsantonis: New contact info.

From: John P. Katsantonis jpkattt@att.net
Subject: MY NEW CONTACT INFORMATION
Date: Mon, 05 Oct 2009 13:46:48 -0500
To: undisclosed-recipients:;

Effective immediately...

1) my new phone number is 773-385-1348

2) my new email address is jpkattt@att.net

FYI~jk

PS~You may already have received this information. If not, here it is. If so, "here it is again."
_______________________________________
Jeff Meredith: A great cartoon

Subject: Great cartoon
Date: 10/6/2009 8:51:39 A.M. Central Daylight Time
From: jeffmere@gmail.com
To: ronaldmay@aol.com, ron@themayreport.com

http://www.salon.com/comics/tomo/2009/10/06/tomo/

What's with the ACORN obsession? Does the GOP really have nothing
else? Wake me up when there's a real scandal.
__________________________________
Clay Shirky on Internet Issues Facing Newspapers

Subject: Clay Shirky on Internet Issues Facing Newspapers
Date: 10/6/2009 6:59:41 A.M. Central Daylight Time
From: bconnolly@furthermore.com
To: geoff@chitowndailynews.org, Pponce@wttw.com, dhayner@suntimes.com, ericzorn@gmail.com, dusty@speakeasy.net, sschultz@daily-journal.com, jslania@luc.edu, RONALDMAY@aol.com

http://www.youtube.com/watch?v=tnW2Lv8aFGs
__________________________________
Steve Lundin: Blog comment on Chicago losing the Olympics: Chicago 2016: Maybe da Chicago way don't play so well outside'a Berwyn

Chicago 2016: Maybe da Chicago way don't play so well outside'a Berwyn
www.blogfrontier.org

In a look of collective misery that made the Cubs Steve Bartmen incident feel like Princess Diana's wedding, Chicagoans learned last Friday that the Olympic flame was not to cast its light on our city - or anywhere near it. But why was this such a big shock? Because the city's hype machine set us up for a win, and like Jim Jones' followers, the whole town drank the Kool-Aid. We were victims of our own PR efforts.

Even our local media, who had blocked out most of the day for commentary, were slack jawed at our complete wash out. They spent their time analyzing what "could have been, if only..." clinging to the dream they helped to create. But there were to be no hanging chads in this election; we received our one way ticket to Palookaville early - knocked out of the park in the first round. The message could not have been stronger: the Chicago way don't play in Copenhagen, a term most Chicagoans would associate with chewing tobacco anyway.

If anyone cares to remember, Chicago's tradition of hyping the games went way back to May 2007 when the city was slapped down by the IOC for using the jealously guarded brand of the Olympic torch in its advertising. The logo was designed (pro bono) by VSA partners - whose slogan is intelligence + Instinct (really?). The geniuses at VSA helped Chicago make its first gaffe; you get what you pay for.

In a strange and winding turn, the Daley family's intersection with the White House came full circle through this affair as well. Richard J. delivered the White House to the democrats in 1960, and almost a half century later, the democratic White House tried to deliver the Olympics to his son, Richard M. I guess that squares the books.

What could have presumably elevated the Second City from its Hog Butcher rat-a-tat-tat Chicago typewriter reputation to one associated with the likes of GE, Coca Cola, Budweiser, Spitz, Kominichi and Phelps probably isn't going to happen in Richard M.'s lifetime. Which might be OK, because despite all the golden rings of glory surrounding the Olympics, the torch relay concept was developed by PR guru Joseph Goebbels and the games themselves have been the stage for some of the most heated and violent political statements of the 20th century; remember Munich?

So despite all the hoopla and assumptive victory dances, including Friday's crowning of the Picasso in Daley Plaza (and giving it a gold medal to boot), our international legacy remains the same. We are a big talking city characterized by the gangsters and bosses who ran it from the 1900's - 1970's. Come to think of it, things haven't changed much, unless you read the press releases, that is.

Maybe the creative intelligentsia at VSA partners can come up with a new logo that reflects who we truly are: Hog Butcher in a suit, and damn proud of it. Is there really anything wrong with a little truth these days? Let Rio have the Glamour, give us the mud, where we're truly in our element.
_______________________________________
Mona Pearl: The 2016 Olympic Bid: A case study in Global Business Development & Sales

From: Mona Pearl monapearl@beyondastrategy.com
Sender: Mona Pearl mona@beyondastrategy.ccsend.com
Subject: Arrogance or Ignorance? You Decide.
Date: Tue, 6 Oct 2009 14:19:38 -0400 (EDT)
To: ron@themayreport.com

You're receiving this email because of your relationship with BeyondAStrategy, Inc.. Please confirm your continued interest in receiving email from us.

The 2016 Olympic Bid:

A case study in Global Business Development & Sales


(Click here for the full article) Experience is the key word, as well as a global network of relationships that were developed and nurtured throughout the years. In order to be a successful player in the global arena, one has to develop relationships across borders. Cultural differences can make or break a deal. As a global business expansion expert, I will take some of the principles of successful global business practices and take the Olympic bid to analyze them. This will demonstrate how discounting cross-cultural sensitivities can leave you dead in the water. The US missed the boat in Copenhagen on so many levels. Was it arrogance or ignorance? You decide.

Let me set the record straight. Let me start with expressing my passion and love for the City of Chicago. Chicago is my town, and as much as I have traveled around the world, it is a fabulous city to live and conduct business in. Mayor Daley is my hero and there is nothing I wouldn't do to get the Olympics to Chicago. But Chicago and the US have a lot to learn about the rest of the world.

The US is the greatest. Sometimes I think people in the US don't appreciate how good we have it here compared to each and every other place on the planet. Since international business is my business, I will take the initiative and provide some constructive criticism to our leadership.

When KPMG's Global Enterprise Institute surveyed U.S. middle market companies in late 2007, it found that 58 percent of all businesses surveyed planned to increase their global presence over the next five years, and one-third planned to maintain their current global presence. Interestingly, in the same survey, fewer than half of all respondents said their expansion efforts over the past two years had been successful; therefore, 50 percent were unsuccessful! With failure rates like these, it's time to ask "What are we doing wrong?" More importantly, what must be done differently to improve chances for future success in the global marketplace?

In my book I list the 10 biggest mistakes companies make when going global. I will mention the two that seem to be a perfect fit this case study:

Mistake # 7: Forgetting the Fundamental Importance of Cultural Differences. There is no one best of doing business, and the American way is definitely not the only way. When venturing globally, one has to be sensitive to nuances in order to get the deal done. Many business transactions were halted or terminated due to cultural misunderstandings, or to be a bit blunt, cultural ignorance. Managers in an international business environment must not only be sensitive to cultural and language differences, but they must also adopt the appropriate policies and strategies for coping with them.

Mistake #9: Being Overconfident in Your Global Expansion Skills. Seek professional advice to navigate the unknown and use other people's experience to help you succeed and follow a smooth road. A little humility goes a long way in combating the overconfidence error. Remember that what got you to be successful in the US, in most cases won't get you there. At the most fundamental level, the differences arise from the simple fact that countries are different. Countries differ in their cultures, political systems, economic systems, legal systems, and levels of economic development. Many of these differences are very profound and enduring.

The first among five most commonly mentioned areas of difficulty for US companies are Cultural issues (39 percent). And this came to light on October 2nd in Copenhagen.

International success requires tremendous finesse in terms of cross-cultural skills. The fact is, not paying attention and ignoring mindset and perception can make or break even the most carefully executed global efforts. We are not talking about the technical issues. Chicago's bid was up to par. We lost support due to a few don'ts that should have been considered beforehand:

Click here for the full article and analysis

"The Winner Is The Chef Who Takes The Same Ingredients As Everyone Else And Produces the Best Results." - de Bono

Sincerely,


Mona Pearl
BeyondAStrategy, Inc.
_________________________________________
FTC: Blogger Freebies May Be Ad Fraud

http://www.pcmag.com/article2/0,2817,2353749,00.asp#

FTC: Blogger Freebies May Be Ad Fraud
10.05.09

3Comments
by Chloe Albanesius

If you receive a free copy of the latest video game and post a positive review of that game on your personal blog without revealing that you got the game free of charge, you could be guilty of ad fraud, according to new guidelines from the Federal Trade Commission.

In June, the FTC confirmed that would review its advertising guidelines to determine whether blog posts should also be subject to its watchful eye. The news prompted concern that rules would lead to investigations against bloggers, and possibly stifle innovation in social media.

It was unclear in June whether the advertiser or bloggers would be held liable for violations. But Monday's new rules suggest that, in some cases, a blogger could be liable.

The voluntary guidelines offer broad suggestions for how advertisers can avoid deceptive marketing strategies. These guidelines, however, were last updated in 1980, so the agency wanted to consider new marketing techniques, like blogs.

Specifically, the new rules would require bloggers to clearly disclose what type of results they should expect to receive from a product. Currently, advertisers only have to display a small "results not typical" tagline if they feature an endorser who had an unusual level of success with their product. Now, they have to disclose what the average consumer should expect.

Meanwhile, bloggers must disclose material connections with advertisers: were they hired by the company's ad agency? Are they receiving payment or free products? Do they have a relationship with the company? Decisions about violations will be made on a case-by-case basis, but if someone receives cash or an in-kind payment to review a product, it's considered an endorsement.

The FTC provided the example of a college student with a well-known gaming blog who receives a free copy of the latest game for review, and posts a positive review. The student would have to tell readers that he received a free copy of the game, and the manufacturer should tell him that he has to disclose their relationship.

The commission also pointed to a message board that discusses new music download technology. If an employee of a leading playback company frequents the board and posts positive reviews, that employee needs to disclose their relationship with the company, the FTC said.

The guidelines also address celebrity endorsements for the first time, and explain that these types of endorsements are also liable.

News of the rules prompted concern among blogs that they might be investigated for any type of positive review. The new rules, however, say that the FTC wants consumers to be aware when a reviewer has received money or free products in exchange for publicity.

The issue highlights the difficulty in distinguishing between legitimate news sites and paid content in an age when anyone with an Internet connection can set up a blog.

The examples provided by the commission focus on a wide variety of products - from weight loss supplements and food products to chiropractic services and home cleaning services.

The FTC seems to be most concerned with endorsements that are disseminating false or misleading information - a blogger who claims that a certain product cures eczema without ever testing the product herself, for example. It's unlikely, therefore, that a positive review for the latest iPhone on a popular gadget blog would result in an FTC investigation, provided that the blog reveals that Apple provided them with a free iPhone for testing purposes.

The guidelines "should not be read to suggest that an advertiser is liable for any statement about its product made by any blogger, regardless of whether there is any relationship between the two," the FTC said. "However, when an advertiser hires a blog advertising agency for the purpose of promoting its products ... the commission believes it is reasonable to hold the advertiser responsible for communicating approved claims to the service."

The guidelines, meanwhile, will "clarify that both the advertiser and the blogger are subject to liability for misleading or unsubstantiated representations made in the course of the blogger's endorsement," the commission said.

The FTC shot down suggestions that these guidelines would stifle innovation on the Web.

"The commission disagrees with those who suggest that including in the guides examples based on these new media would interfere with the vibrancy of these new forms of communication, or that the commission should, instead, defer to industry self-regulation," the commission wrote. "The guides merely elucidate the commission's interpretation of [the FTC Act] but do not expand (or limit) its application to various forms of marketing."

"Self-regulation works best when backed up by a strong law enforcement presence," the FTC concluded.
_____________________________________
FTC issues rules to end 'blogger payola'

http://blogs.usatoday.com/ondeadline/2009/10/ftc-issues-rules-to-end-blogger-payola.html

FTC issues rules to end 'blogger payola'
Buzz up!Like this story? Share it with Yahoo! Buzz
Bloggers - particularly "mommy bloggers" - must now disclose freebies or money they receive to review products or risk an $11,000 fine per post, the Federal Trade Commission announced today. It's the first attempt to regulate what's known as "blogger payola."

The rules take effect Dec. 1. Bloggers or advertisers also could face injunctions and be ordered to reimburse consumers for financial losses stemming from product reviews deemed inappropriate.

The FTC said disclosures must be "clear and conspicuous" but did not specifically state how conflicts of interest must be disclosed.

An FTC spokesman said the commission will more likely go after advertisers instead of bloggers, except for those who runs a "substantial" operation that violates FTC rules and already have received a warning.

Here are relevant paragraphs from the FTC's news release:

Under the revised Guides, advertisements that feature a consumer and convey his or her experience with a product or service as typical when that is not the case will be required to clearly disclose the results that consumers can generally expect. In contrast to the 1980 version of the Guides - which allowed advertisers to describe unusual results in a testimonial as long as they included a disclaimer such as "results not typical" - the revised Guides no longer contain this safe harbor.

The revised Guides also add new examples to illustrate the long standing principle that "material connections" (sometimes payments or free products) between advertisers and endorsers - connections that consumers would not expect - must be disclosed. These examples address what constitutes an endorsement when the message is conveyed by bloggers or other "word-of-mouth" marketers. The revised Guides specify that while decisions will be reached on a case-by-case basis, the post of a blogger who receives cash or in-kind payment to review a product is considered an endorsement. Thus, bloggers who make an endorsement must disclose the material connections they share with the seller of the product or service. Likewise, if a company refers in an advertisement to the findings of a research organization that conducted research sponsored by the company, the advertisement must disclose the connection between the advertiser and the research organization. And a paid endorsement - like any other advertisement - is deceptive if it makes false or misleading claims.
The FTC spokesman offered this example of what would not be a violation: someone who gets a free bag of dog food as part of a broad promotion from a pet shop and writes about the product on a blog.

ReadWriteWeb addresses the difficulty in policing unscrupulous bloggers and advertisers:

While the FTC will obviously have a hard time enforcing these regulations, there can be no doubt that marketers regularly approach independent bloggers (and especially mommy bloggers) with freebies. When bloggers accept these exchanges, they may not always disclose them in the posts that result. So, while bloggers who are involved in these schemes often tend to say that they would have reviewed the product anyway or that their reviews are often critical, there can be little doubt that payments and freebies influence these stories.

These new rules and rather large fines should bring some bloggers and marketers into line, though others will surely continue to push the ethical boundaries. And blogging Payola is unlikely to go away completely because of these new rules.
Federal rules already ban deceptive and unfair business practices. It's the first time since 1980 that the FTC revised the guidelines on endorsements and testimonials.

Good idea?

Posted by Michael Winter at 03:54 PM/ET, October 05, 2009 in Money, Web/Tech | Permalink
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FTC: Bloggers, testimonials need better disclosure

http://www.google.com/hostednews/ap/article/ALeqM5hkwZoioSbjzxT0I75HWiZSvFrAXAD9B56C4O2

FTC: Bloggers, testimonials need better disclosure
By DEBORAH YAO and EMILY FREDRIX (AP) - 11 hours ago

The Federal Trade Commission on Monday took steps to make product information and online reviews more accurate for consumers, regulating blogging for the first time and mandating that testimonials reflect typical results.

The FTC will require that writers on the Web clearly disclose any freebies or payments they get from companies for reviewing their products. The commission also said advertisers featuring testimonials that claim dramatic results cannot hide behind disclaimers that the results aren't typical.

The FTC said its commissioners voted 4-0 to approve the final guidelines, which had been expected. The guides are not binding law, but rather interpretations of law that hope to help advertisers comply with regulations. Violating the rules, which take effect Dec. 1, could result in various sanctions including a lawsuit.

Testimonials have to spell out what consumers should expect to experience with their products. Previously, companies had just included disclaimers when results were out of the ordinary - such as a large weight loss - noting that the experience was not typical for all customers.

Testimonial advertisements can be effective for consumers since they show others talking about their experiences, giving hope to the consumer that they'll have that experience too. But they are misleading to consumers if they don't disclose what they should truly expect to experience, the commission said.

For bloggers, the FTC stopped short of specifying how they must disclose conflicts of interest. Rich Cleland, assistant director of the FTC's advertising practices division, said the disclosure must be "clear and conspicuous," no matter what form it will take.

Bloggers have long praised or panned products and services online. But what some consumers might not know is that many companies pay reviewers for their write-ups or give them free products such as toys or computers or trips to Disneyland. In contrast, at traditional journalism outlets, products borrowed for reviews generally have to be returned.

Before the FTC gave notice last November it was going to regulate such endorsements, blogs varied in the level of disclosures about these potential conflicts of interest.

The FTC's proposal made many bloggers anxious. They said the scrutiny would make them nervous about posting even innocent comments.

To placate such fears, Cleland said the FTC will more likely go after an advertiser instead of a blogger for violations. The exception would be a blogger who runs a "substantial" operation that violates FTC rules and already received a warning, he said.

Existing FTC rules already banned deceptive and unfair business practices. The final guidelines aim to clarify the law for the vast world of blogging. Not since 1980 had the commission revised its guidelines on endorsements and testimonials.

Jack Gillis, a spokesman for the Consumer Federation of America, thinks the FTC doesn't go far enough to protect consumers from unethical bloggers.

"Consumers are increasingly dependent on the Internet for purchase information," he said. "There's tremendous opportunity to steer consumers to the wrong direction."

The consumer advocacy group said lack of disclosure is a big problem in blogs. To mainly crack down on companies that give out freebies or pay bloggers won't always solve the problem. By going after bloggers as well, "you put far more pressure on them to behave properly," Gillis said.

Cleland said a blogger who receives a freebie without the advertiser knowing would not violate FTC guidelines. For example, someone who gets a free bag of dog food as part of a promotion from a pet shop wouldn't violate FTC guidelines if he writes about the product on his blog.

Blogger Linsey Krolik said she's always disclosed any freebies she's received on products she writes about, but has stepped up her efforts since last fall. She said she adds a notice at the end of a post, "very clear in italics or bold or something - this is the deal. It's not kind of buried."

As for testimonials, the new guidelines amount to changing the rules in the middle of the game, said Daniel Fabricant, interim executive director and CEO of the Natural Products Association, a trade group for nutritional supplements and natural products manufacturers and retailers.

He said the new rules probably won't change ads for his members, but it will leave them wondering what the FTC considers "typical" results. He said the FTC needs to define what those are.

"I don't think they've done that," he said. "The results you see in clinics are going to be in some degree different from what you see in the consumer."

(This version CORRECTS penalties to lawsuit STED $11,000 fine per violation, cease and desist, injunction orders.) )

Copyright © 2009 The Associated Press. All rights reserved.
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The FTC And DOJ: More Aggressive Antitrust Enforcement?

http://www.metrocorpcounsel.com/current.php?artType=view&artMonth=October&artYear=2009&EntryNo=10187

Hot Issues Alerts (Antitrust Changes) - Law Firms
The FTC And DOJ: More Aggressive Antitrust Enforcement?

The Metropolitan Corporate Counsel®
Published: October 04, 2009


The Editor interviews Steven Newborn , Partner, Weil, Gotshal & Manges LLP.
Editor: I sense that a real shakeup is taking place at the DOJ.

Newborn: With the Obama victory there's going to be a major change in antitrust enforcement at the Department of Justice. There's a widespread perception, which I think is accurate, of underenforcement during Bush's two terms. Many people criticized the DOJ for taking no action in the Whirlpool-Maytag, XM-Sirius and Delta-Northwest mergers and feel that Obama's DOJ would probably have sued in at least two of those cases.

Having specifically noted during the campaign the underperformance of the DOJ under Bush, Obama reshaped the DOJ with the idea of stepping up enforcement and named Christine Varney to the post of assistant attorney general. Christine was a former FTC commissioner.

Christine came to the position making a number of pronouncements that the DOJ would increase enforcement across the board, especially in merger enforcement and dominant firm enforcement/ monopolization type cases under Section 2. She has put together a team there that includes at least two former FTC-ers, Molly Boast and Sharon Pozen Arnold. She also named Carl Shapiro, one of the most vocal critics of the DOJ's non-enforcement over of the last eight years, as the head of her economic bureau. Carl taught at Berkeley and worked for one of the consulting firms. He wrote a paper for which I was interviewed that talked about the lack of enforcement at the DOJ during the Bush years.

It is clear that Christine has a very aggressive staff and no doubt will make the DOJ at least as aggressive as the FTC has been over the last few years. During the Bush administration, for whatever reason, and I can think of several, the FTC was as enforcement-minded as it had been almost any time in the past. Under both Democratic and Republican administrations over the last 12 years, the FTC has been relatively consistent in being pro-enforcement, especially in mergers.

The new antitrust lineup at the DOJ will undoubtedly put the DOJ more in line with what the FTC has been doing in merger enforcement. I also think that both agencies are going to be much more active in civil non-merger enforcement.

Editor: In contrast, what's happening at the FTC seems more like musical chairs.

Newborn: You might say that. Bill Kovacic, a Republican who was chairman under Bush, has been replaced by Jon Leibowitz, a Democrat, but Kovacic is still a commissioner and Tom Rosch remains a commissioner as well. Although Rosch is a Republican carryover from the Bush years, he has acted more like a Democrat than a Republican during his tenure. The fourth commissioner is Pamela Harbour. Her term ends in September. Julie Brill, a consumer protection specialist from the Vermont AG's office, is supposedly to be named as a replacement for Pamela.

The front-runner for the currently vacant fifth seat is Edith Ramirez. She's a litigator at the law firm of Quinn Emanuel who represents major companies in intellectual property and Latino media and entertainment matters. She was on the Harvard Law Review at the same time Obama was its president and also served as California deputy political director and director of Latino outreach for the Obama for America organization.

Once the new commissioners are in place, the FTC might be even more enforcement minded than they are right now - and right now they're as enforcement minded as they've been in recent memory. When I say enforcement minded, I mean with respect to mergers and dominant firm cases.

Editor: Do you see any return to a per se rule with respect to tie-in's, bundling, and resale price maintenance?

Newborn: I really doubt it. I think that train has probably left the station. Back in the 1960s and '70s, the reason that resale price maintenance, tieing, bundling and things like that were considered bad was to protect competitors and not consumers.

There has been a sea change in the '80s and '90s in that enforcers came to believe that the antitrust laws were really not there to protect other competitors, but rather to protect consumers, and that those practices often help consumers.

If Procter and Gamble sells both toothpaste and detergent to supermarkets and then says if you buy my detergent we'll give you the toothpaste for a much lower price, that really doesn't hurt anybody but their competitors. It actually helps consumers because the consumer gets a cheaper price for the toothpaste, but competitors such as Unilever or Colgate might feel that they cannot compete on that basis and therefore they're going to be injured. Well, antitrust law doesn't really care very much about that type of harm - at least not in the United States.

People no longer look at those practices and say they are per se illegal. Because many of such practices are actually pro consumer, they can no longer argue that there is virtually no set of facts in which they can be considered pro-competitive. I think in fact that, if there is a presumption, it goes the other way, that is that those practices are probably pro-competitive resulting in consumers being better off. This explains why enforcement policies have changed over the years. I do not think the new administration is going back to the old approach. Having said that, it's certainly true there is talk about bringing a bundling case and talk about trying to overrule the Leegin case through legislation. The Leegin case was a Supreme Court case a couple of years ago that basically said that resale price maintenance is usually perfectly legitimate.

Editor: How do the changes you have described affect reverse payment cases?

Newborn: The FTC was strongly behind enforcement in situations involving reverse payments even during the Bush administration. The DOJ disagreed with it at that time and that has changed; Varney has come out in favor of the FTC's policy. So I think what we're going to find is a DOJ that is more in line with the FTC's enforcement policy. That means that there will be less forum shopping when you're looking at who you want to look at your mergers. It used to be as a matter of course you would prefer the Department of Justice to look at your merger because you would have an easier time with them, but now I think that is changing and fewer people are thinking that they'd rather be at DOJ than at the FTC.

Editor: What other situations are most likely to be targeted for enforcement attention.

Newborn: The healthcare industry and the oil and gas industry have always been targeted over the last few years and that will likely continue. As to dominant firm conduct, I expect that both the DOJ and the FTC will continue to be interested in industries where one company, e.g. Google, essentially dominates an industry, and that interest will not only be focused on mergers in which they might be involved but also on the way in which they obtain or exercise their market power.

Editor: Do you think that the U.S. Supreme Court will continue to exercise a restraining influence?

Newborn: Yes. In the last 15 years antitrust plaintiffs have lost all their cases in the Supreme Court. The Trinko decision was 9 to 0. Twombly was 7 to 2. Billing went 7 to 1. Interestingly, only the Leegin decision was 5 to 4.The conservative antitrust majority is unlikely to change. However, antitrust legislation that's in Congress now could take the courts out of the game with respect to some matters. I mentioned the likelihood that both the FTC and DOJ will continue to crack down on reverse payment patent settlements. Legislation is pending in Congress that would outlaw them. There are proposals to adopt legislation to overturn Leegin by either outlawing resale price maintenance or reestablishing that practice as per se illegal.

There are other legislative initiatives. One would eliminate the antitrust exemptions for the railroad industry and subject railroad mergers to the Clayton Act. Others relate to the practices of issuers of credit card.

Editor: What is happening in other countries?

Newborn: In the last ten years more and more jurisdictions have focused on antitrust. Often, especially in smaller countries, it is just to obtain filing fees for mergers. But there have been some developments recently that are worthy of note. The EU has placed increasing emphasis on merger review as well as on enforcing their antitrust laws generally. Indeed, the EU was often the more aggressive enforcer during the Bush years. The U.S. and the EU are the two most important jurisdictions to worry about in doing a merger.

Messages developed for one country can sometimes get you into trouble in another country because their laws differ. Efficiencies may be very helpful to a U.S. analysis. They are less helpful and may indeed be harmful to an EU analysis. For example, I am doing mergers right now that involve filing in multiple jurisdictions. We have a weekly call with law firms covering those places to determine what guidance each law firm needs for that country and to be sure that we review everything that is filed so that nothing inconsistent is said, for example, in Colombia with what we say in the United States, for example. The facts may be very different in each jurisdiction, but the arguments have got to be consistent.

In hiring lawyers to do a world-wide merger, you should be sure that they are experienced and understand that consistency across jurisdictions is critical. The agencies talk to each other far more than they ever did in the past. Therefore, what you say to the U.S. is going to be known in Europe - perhaps the same day. Again, you have to understand that certain arguments that you make in the U.S. can actually hurt you in Europe, and therefore you may need either to tone down those arguments or otherwise figure out a way to make them more palatable to a European enforcer. Finally you have to make sure that the law firms that you use throughout the world coordinate their efforts to get timely approval and consistent remedies in all jurisdictions.

Editor: Tell us about antitrust developments in China.

Newborn: China is the "sleeping giant" in so many different ways. Last year it passed an antitrust act, and while no one is really certain what obstacles this new law poses for mergers, approval has to be taken into consideration. So far it has not been disruptive, but if China starts using the antitrust laws as a basis for making political decisions, lots of problems are going to arise. There are many U.S. firms that have a Chinese antitrust lawyer, and we do as well. But very often we also hire a Chinese law firm because we believe that they have superior contacts with the ministry involved.

Please email the interviewee at steven.newborn@weil.com with questions about this interview.
_________________________________________
WOMMA Applauds FTC's Call for Transparency in Revised Advertising Guidelines

Related Links http://www.WOMMA.org

WOMMA Applauds FTC's Call for Transparency in Revised Advertising Guidelines

WOMMA Ethics Code Provides Marketers with a Practical Way to Address FTC Guides
CHICAGO, Oct. 5 /PRNewswire/ -- The Word of Mouth Marketing Association (WOMMA), www.WOMMA.org, applauds the Federal Trade Commission (FTC) for revising its Guides Concerning the Use of Endorsements and Testimonials in Advertising that can be found at: http://www.ftc.gov/os/2009/10/091005endorsementguidesfnnotice.pdf

In its commentary, the FTC referenced and adopted WOMMA's guidance in several instances, looking favorably upon the Association's own Ethics Code, and adopting WOMMA's suggestion that only "sponsored" communications should fall within the scope of the Guides. Therefore, adherence to the WOMMA Ethics Code is a critical first step for businesses and marketers in complying with the updated FTC Guides.

Several fundamental principles of WOMMA's Ethics Code, such as the importance of transparency, disclosure and honesty across all media, are now required by the FTC. WOMMA believes the updated Guides will usher in a new generation word-of-mouth of viral and social media marketers who place the highest priority on ethical practices. WOMMA President Elect Paul Rand explained, "The greatest value we can provide to our 400-plus members is helping them navigate the uncharted waters of social marketing. WOMMA takes great pride in not only equipping members with a venerable compliance 'how-to,' but also in the collaborative way we went about influencing policy, itself."

WOMMA General Counsel Anthony DiResta of Manatt, Phelps & Philips added, "These new FTC Guides constitute a sea change for certain marketing practices that are widespread and effective in all industry sectors. It's clear that confusion will result in their application by bloggers and brands alike, and there are even rumblings that legal challenges may be brought. Thus, in this period of uncertainty, meaningful self-regulation and practical clarity are essential." Diresta makes one point clear for marketers, "Transparency and honesty are essential in communications by consumers or experts in all media formats. For those in the advertising industry that use word of mouth, viral marketing, or social media platforms, WOMMA's Code of Ethics is an excellent and practical way to evaluate compliance with these new Guides."

WOMMA is confident these Guides will also help the Association enforce its own Ethics Code. According to Joe Chernov, chair of WOMMA's Member Ethics Advisory Panel, the Association's primary focus is on educating members on best practices; however, it must also ensure its members are adhering to those practices. Chernov concluded, "Marketing ethics is no longer an ideal. It is now a mandate."

Over the next several months, WOMMA will lead industry discussions on the topic of what constitutes adequate and meaningful disclosure. This dialogue will culminate in November at the association's annual Summit in Las Vegas, when WOMMA will dedicate educational sessions to help marketers understand and adhere to these new Guides. In fact, Mr. Chuck Harwood, the FTC's Deputy Director of the Bureau of Consumer Protection, is a featured speaker.

About WOMMA

WOMMA, www.WOMMA.org , is the leading trade association in the marketing and advertising industries that focuses on word of mouth, consumer-generated and social media platforms -- or marketing techniques that include buzz, viral, community, and influencer marketing as well as brand blogging. The organization is committed to developing and maintaining appropriate ethical standards for marketers and advertisers engaging in such marketing practices, identifying meaningful measurement standards for such marketing practices, and defining "best practices" for the industry.

Founded in 2005, WOMMA currently has approximately 400 members. They include marketers and brands that use word-of-mouth marketing to reinforce their core customers and to reach out to new consumers, agencies that deliver word-of-mouth services and technologies, researchers that track the word-of-mouth experience and offline and online practitioners.


SOURCE Word of Mouth Marketing Association
_______________________________________________
Monday, October 12: MEF downtown meeting: The Secret to Lasting Success: Maximizing your Relationship ROI, Michael Hahn speaker

Subject: The Midwest Entrepreneurs Forum
Date: 10/5/2009 11:26:41 P.M. Central Daylight Time
From: MEF@mail-list.com
To: ronaldmay@aol.com

MIDWEST ENTREPRENEURS' FORUM, INC., Volume 15, Issue 8A,
Monday October 12, 2009

Our meeting will be held at:

Chicago-Kent College of Law (IIT)
565 W. Adams, Chicago
Date:Monday October 12, 2009
Time: 6:00 to 8:00 p.m.

Cost: Free to members, $20.00 for non-members (reservations are not
required) IIT Students with valid student ID Free. Students from other
Universities with a valid student ID $5.00. Register on line
www.MidwestEntrepreneursForum.Org/CalendarEvents.aspx you will need to
select either Chicago or Wheaton

You can pay by credit card on line or you can pay at the door with cash,
check, or credit card.

Come join us on Monday October 12, 2009 for our Chicago Chapter
Meeting: The Secret to Lasting Success: Maximizing your Relationship ROI

Relationships are the foundation of entrepreneurship. It's not what you
know or who you know that matters, but it's their perception of you and what
you do with those relationships that matters most. Personal & Business
relationships hold the keys to lasting success. They are the critical
factor between success and failure. Do you have the relationship skills to
ensure success? Do you know what they think of you? Do you want to know?

Technology can enable us to have friends on Facebook, Contacts on LinkedIn
and Followers on Twitter, but if you don't have a personal connection, you
can get lost among the crowd. What if you already had all the connections
you needed for the success you envision? What if a personal touch was all
that is required to close the gap?

Seriously, you can only push your own personal limits for so long before
something has to give. It is easy to sacrifice time to relax, workout or
enjoy family & friends, but eventually those little choices will catch up
with you. If you are looking for a way that affords you the best of both
worlds.. Allowing you to achieve your business dreams and celebrate the
successes with your greatest supporters.

MICHAEL HAHN SPEAKER BIO
Michael holds a Bachelor of Science degree in Finance and an M.B.A. with a
dual emphasis in Entrepreneurship & Leadership/Change Management from
DePaul University and coaching education from Coachville. He also holds
black belts in two South Korean Martial Arts: Tang

A compelling speaker and Relationship Coach, Michael Hahn brings clarity to
confusing times. Michael is one of the outstanding authorities on stress
resiliency, motivation and attitude. Known as Mr. Relationships, he has an
extraordinary ability to focus on the current issues blocking the path of
the life we want to live. He inspires and energizes audiences to live, work
and play with purpose, passion and productivity. He brings high energy,
intense passion and humorous style to inspire audiences to reclaim their
time, energy and motivation to enjoy living life beyond their current edge.

Michael walks his talk. After twelve years in corporate finance, he
realized his life was out of integrity. He left his lucrative corporate
finance career to pursue his passionate endeavors in which he coaches
business owners, executives and employees to integrate their career with
their values, so that they feel successful inside and out.
He specializes in both large & small group, team & individual education and
experiential learningSoo Do & Hap Ki Do. He is the Co-Founder and CEO of
Beyond the Good Life with his Wife and Partner, Melinda.
www.BeyondtheGoodLife.com

Tonight's moderator is Christopher E Galvin who serves on The Midwest
Entrepreneurs Forum as cochairman of the speakers committee and is the
founder and President of Christopher E Galvin Design
www.chrisgalvindesign.com

The Midwest Entrepreneurs' Forum (MEF) promotes and strengthens the
process of starting and growing companies by providing services,
which educate and inform entrepreneurs. MEF meets the second Monday
of each month (except July, and August ) at the Downtown Campus of
the Illinois Institute of Technology, 565 W. Adams Street, Chicago,
from 6 p.m. to 8 p.m. A suburban meeting is held the last Tuesday
of each month (exceptJuly,August) from 7 p.m. to 9 p.m. at the
Daniel L. and Ada F. Rice Campus of the Illinois Institute of
Technology, 201 East Loop Road, Wheaton, IL (directions listed). Each
MEF meeting normally features a case presentation/panel discussion
that spotlights a single company in a critical stage of development.
MEF membership is $60 per year or $20.00 to attend a single meeting
to see if membership is something you think would benefit you.
If you decide you want to become a member bring your receipt for
$20.00 within 30 days to the next meeting and you will only be
required to pay an additional $40.00 to become a member for the
year. Year is from your payment to the next year. Students with a
valid ID pay $5.00. IIT students with a valid id get in free.
_______________________________________
Two notes from Jeff Meredith
_______________
#1: Subject: It's Still Not Too Late To Greet Us As Liberators
Date: 10/6/2009 12:03:02 P.M. Central Daylight Time
From: jeffmere@gmail.com
To: ronaldmay@aol.com, ron@themayreport.com

Classic:
http://www.theonion.com/content/opinion/its_still_not_too_late_to_greet
=====================
I can see how you might feel a little bit nervous or shy about
embracing us as beacons of liberty six years into our occupation of
your country, especially after all those civilians we accidentally
killed, but it's never too late to show a little gratitude.

Think of it like this. Democracy begins with two little words: Thank you.

There's no pressure, of course. We're going to have a sizable military
presence here for years and years to come, maybe even decades once we
set up our permanent bases. So if you're not up to hoisting us above
your shoulders and carrying us triumphantly down the streets now,
there's always more time later. In the meantime, though, if you do get
the urge to stop by the tent, grab a Hershey bar, and say a quick
"thanks for the freedom," we're still open to it. Just don't make too
many sudden moves or anything.
=====================
++++++++++++++++++++++++++++++++++
#2: Subject: How did the stimulus get so small?
Date: 10/5/2009 3:50:26 P.M. Central Daylight Time
From: jeffmere@gmail.com
To: ronaldmay@aol.com, ron@themayreport.com

Monday, Oct. 5, 2009 11:15 PDT
How did the stimulus get so small?

Even in uncertain times, there are some reliable verities. Such as:
Paul Krugman looking at last week's generally discouraging economic
indicators and choosing to remind his readers, once again, of his
prediction back in January that the Obama stimulus would be too small.

Then, as fate would have it, within hours of Krugman's post, The New
Yorker published a massive article by Ryan Lizza on Larry Summers and
Obama's economic team. Buried deep within was the most detailed
account we have seen so far on how the stimulus parameters were
calculated.
==========================
"The most important question facing Obama that day was how large the
stimulus should be. Since the election, as the economy continued to
worsen, the consensus among economists kept rising. A
hundred-billion-dollar stimulus had seemed prudent earlier in the
year. Congress now appeared receptive to something on the order of
five hundred billion. Joseph Stiglitz, the Nobel laureate, was calling
for a trillion. Romer had run simulations of the effects of stimulus
packages of varying sizes: six hundred billion dollars, eight hundred
billion dollars, and $1.2 trillion. The best estimate for the output
gap was some two trillion dollars over 2009 and 2010. Because of the
multiplier effect, filling that gap didn't require two trillion
dollars of government spending, but Romer's analysis, deeply informed
by her work on the Depression, suggested that the package should
probably be more than $1.2 trillion. The memo to Obama, however,
detailed only two packages: a five-hundred-and-fifty-billion-dollar
stimulus and an eight-hundred-and-ninety-billion-dollar stimulus.
Summers did not include Romer's $1.2-trillion projection. The memo
argued that the stimulus should not be used to fill the entire output
gap; rather, it was "an insurance package against catastrophic
failure." At the meeting, according to one participant, "there was no
serious discussion to going above a trillion dollars."

There were sound arguments why the $1.2-trillion figure was too high.
First, Emanuel and the legislative-affairs team thought that it would
be impossible to move legislation of that size, and dismissed the idea
out of hand. Congress was "a big constraint," Axelrod said. "If we
asked for $1.2 trillion, it probably would have created such a case of
sticker shock that the system would have locked up there." He pointed
east, toward Capitol Hill. "And the world was watching us, the market
was watching us. If we failed to produce a stimulus bill, that in and
of itself could have had deleterious effects."
===========================

No sooner had HTWW digested Lizza's account, and started preparing a
blog post on how it applied to Krugman's lament, than Krugman was up
with his own new post that highlighted that very paragraph.

And here's how Krugman responded to the "politics" explanation of why
the stimulus couldn't be bigger.

========================================
"Maybe that was all that could have been done, politically. But it
does not sound, from the Lizza article, as if either the economic team
or the political team thought much about the risks of finding
themselves where we are now -- with the economy still failing to
deliver job growth despite the stimulus -- even though those risks
were completely apparent at the time."
========================================

Is that fair? Look at everything that has happened, politically
speaking, since the passage of the stimulus. The core argument that
Republicans and moderate Democrats are employing to critique the Obama
administration and, in particular, to fight against healthcare reform,
boils down to an attack on supposedly "out of control" government
spending. It might seem hard to believe, but the efficacy of that
argument, as a political strategy, would be even greater if Obama had
pushed for another half trillion of stimulus spending. Put yourself in
Axelrod's position. Asking for $1.2 trillion might have ended up a
spectacularly self-defeating gesture -- freezing the political system
into instant gridlock and sabotaging all future possibilities of
reform. That's a big price to pay, even if you could look ahead and
imagine "the risks" of finding ourselves "where are now."

As for the Lizza piece in general: Felix Salmon gets to the heart of the matter.
==============================
"Yikes the Ryan Lizza piece on Larry Summers is long -- over 11,500
words. And even then it manages to say absolutely nothing about some
key issues, such as the $5.2 million he was paid by DE Shaw to work
one day a week in 2008; or the allegations of Summers actively working
to marginalize the influence of Paul Volcker; or l'affaire Shleifer."
==============================

So, yeah, there are some holes.

-- Andrew Leonard
_______________________________________
Miscellaneous notes (6 messages)
_______________________
#1: From: John P. Katsantonis jpkattt@att.net
Subject: Re: The May Report: 10/06/2009: This report is a test to see how the system is working after an outage; The Big OOGA tonight
Date: Tue, 06 Oct 2009 18:33:27 -0500
To: The May Report ron@themayreport.com

Got it. It's working~jk

The May Report wrote:
______________________________________
#2 From: Cynthia Andersen <cynthia.andersen@gmail.com>
Subject: Re: The May Report: 10/06/2009: This report is a test to see how the system is working after an outage; The Big OOGA tonight
Date: Tue, 6 Oct 2009 19:01:28 -0500
To: The May Report <ron@themayreport.com>


Dear Ron,
Thanks for the info. This is to let you know I got your e-mail. Sorry I won't be there tonight. Sounds interesting.
Cindy Andersen


On Tue, Oct 6, 2009 at 5:35 PM, The May Report <ron@themayreport.com>wrote:


To view this email as a web page, go here.
________________________________________
#3: From: virgil mathis virgilmathis1@yahoo.com
Subject: Fw: Newsletter That Hits Home - may I Report it
Date: Tue, 6 Oct 2009 18:24:44 -0700 (PDT)
To: ron@themayreport.com



Hello, May Report people the state of -

Wisconsin appears to have more innovative Gusto than Illinois even at the grass root level especially for the hundredths of Amputee Veterans from Iraq and there is more to this story as well. see pdf info
+++++++++++++++++++++++++++
Subject: Fw: Virgil, please send that pdf document in plain text format, no attachments.
Date: 10/7/2009 11:16:51 A.M. Central Daylight Time
From: virgilmathis1@yahoo.com
To: Ronaldmay@aol.com

Hello, Ronald

Message from Virgil Mathis.


Is it ok to fax my report to you if so please send me a fax number to get my info to you
my information is technology news that can benefit Illinois Amputee Veterans for a workforce Development projects that regular news in Illinois would over look and ignore it

While other states get credit for technology development projects that started in Illinois in the first place which could create new Jobs for Illinois that make good business for our country etc
--- On Wed, 10/7/09, RONALDMAY@aol.com <ronaldmay@aol.com>wrote:
__________________________________
#4: From: Jeff Gilbert jeff@jeffgilbert.com
Subject: it works
Date: Tue, 06 Oct 2009 18:11:35 -0500
To: The May Report ron@themayreport.com, RONALDMAY@aol.com



got your latest email. it looks fine.

jeff
_____________________________________
#5: Subject: Re: Congrats! You and Dawn are #6. Only 25% are entrepreneurs in top 80 or so.
Date: 9/29/2009 4:09:28 P.M. Central Daylight Time
From: HiDawnie@aol.com
To: RONALDMAY@aol.com
CC: bob@vcbob.com

So what do we win?

Dawn Geras
SaveAbandonedBabies.org
312-440-0229 Fax: 312-440-0805
55 E. Erie St., #2905
Chicago, IL 60611-2255

In a message dated 9/29/09 12:48:35 PM, RONALDMAY writes:

The current rankings of mentions in TMR archives as of 09/28/2009

1. Flip 725
_______________________________
2. Weinstein 580
3. Thornton 563
4. Darcy 524
_______________________________
5. Lundin 398
6. Geras 393 (That includes both Bob and Dawn)
7. Daley 382
8. Slack 375
9. Churchwell 342
10. Bernard 339
11. Rokop 309
12. Reck 305
____________________________________
#6: Subject: Re: Congrats! You and Dawn are #6. Only 25% are entrepreneurs in top 80 or so.
Date: 9/29/2009 4:43:01 P.M. Central Daylight Time
From: HiDawnie@aol.com
To: RONALDMAY@aol.com

In a message dated 9/29/09 4:34:52 PM, RONALDMAY writes:

Dawn, when you look at your company in the top tier this is not that much of an honor. :-)

Ron

YOU said that, not me.

Dawn Geras
SaveAbandonedBabies.org
312-440-0229 Fax: 312-440-0805
55 E. Erie St., #2905
Chicago, IL 60611-2255
_______________________________________
END OF REPORT