Search the Archives

Subscribe to the Free Newsletter

Subscribe to the Paid Newsletter








Back to List

03/31/2012
Scoop

The May Report: 3/12/2012: Jon Pasky is OUT as the executive director of Techweek and Arabella Santiago is in! Jon "stepped down" last Tuesday, March 6th -- he's still on the board, but he no longer has an operational role; Arabella Santiago was a producer for Techweek 2011 and she's moving to Chicago from San Francisco -- at least for the next five months; Arabella sounds like Daniel Burnham who said "Make no small plans": my best read on what she told me today on the phone is that they don't want Techweek to be Chicago's version of SXSW, they want it to be the Lollapalooza of technology, not 20,000 people, but 100,000 people, not for this year of course, but the goal is to showcase Chicago for the world; Arabella said they want better and more authentic content -- she said the word "authentic" three or four times; Arabella said she brought in Craig Newmark and Dave McClure, Silicon Valley investor who founded 500 Startups, plus she introduced Dave to New World Ventures, -- I gather she may have better connections than Jon; she also said that they don't just want an event -- they want to aim for the world stage and that means connecting to other hubs; Arabella indicated that they had lost sight of that; Who knows what really goes on behind the scenes? Techweek has an advisory board which is public information, but the real board is still not disclosed and is being kept secret; the party being thrown tonight down in Austin by Techweek and New World Ventures has 2,000 pre-registered but only room for 500!; and with respect to whether SXSW has peaked, a rumor I'm hearing, Arabella said that "SXSW has gone mass market"; Techweek is trying pretty hard to be Kewl: http://www.youtube.com/watch?v=ZF_O_QaHzD4 -- hey I had no scoop until I returned Arabella's call today and I was thinking about how a new book shows that H. R. "Bob" Haldemann knew that Mark Felt was deep throat early on and he had told Nixon, but they decided they could not say anything without outing their source at Time Magazine; some interesting conversation and presentations at the FFF kick-off last Wednesday, but that's for next time

March 12, 2012



The May Report: 3/12/2012: Jon Pasky is OUT as the executive director of Techweek and Arabella Santiago is in! Jon "stepped down" last Tuesday, March 6th -- he's still on the board, but he no longer has an operational role; Arabella Santiago was a producer for Techweek 2011 and she's moving to Chicago from San Francisco -- at least for the next five months; Arabella sounds like Daniel Burnham who said "Make no small plans": my best read on what she told me today on the phone is that they don't want Techweek to be Chicago's version of SXSW, they want it to be the Lollapalooza of technology, not 20,000 people, but 100,000 people, not for this year of course, but the goal is to showcase Chicago for the world; Arabella said they want better and more authentic content -- she said the word "authentic" three or four times; Arabella said she brought in Craig Newmark and Dave McClure, Silicon Valley investor who founded 500 Startups, plus she introduced Dave to New World Ventures, -- I gather she may have better connections than Jon; she also said that they don't just want an event -- they want to aim for the world stage and that means connecting to other hubs; Arabella indicated that they had lost sight of that; Who knows what really goes on behind the scenes? Techweek has an advisory board which is public information, but the real board is still not disclosed and is being kept secret; the party being thrown tonight down in Austin by Techweek and New World Ventures has 2,000 pre-registered but only room for 500!; and with respect to whether SXSW has peaked, a rumor I'm hearing, Arabella said that "SXSW has gone mass market"; Techweek is trying pretty hard to be Kewl:
http://www.youtube.com/watch?v=ZF_O_QaHzD4
-- hey I had no scoop until I returned Arabella's call today and I was thinking about how a new book shows that H. R. "Bob" Haldemann knew that Mark Felt was deep throat early on and he had told Nixon, but they decided they could not say anything without outing their source at Time Magazine; some interesting conversation and presentations at the FFF kick-off last Wednesday, but that's for next time

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

If you missed an article, go here:
www.tmronline.com/A55951/tmrarticles.nsf/vwFullNewsletter

(ALL REPORTS HAVE NOW BEEN POSTED ON THE TMRONLINE.COM SITE AND THANKS TO PROMINIC FOR FIXING THE PROBLEM)
Otherwise, just go to www.themayreport.com where all the articles are archived and the search function on the new site is now working

Louis Brandeis: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants."

frequently attributed to Edmund Burke: "All that is necessary for the triumph of evil is that good men do nothing." but the quote and its many variations have been the subject of dispute. See http://en.wikiquote.org/wiki/Edmund_Burke for more.

"Larsen E. Whipsnade": You Can't Cheat an Honest Man (1939), a comedy film starring and scripted by W. C. Fields

Andre' Gide (1869 - 1951) in his "Les Nourritures Terrestres. Envoi:":
"What another would have done as well as you, do not do it. What another would have said as well as you, do not say it; written as well, do not write it. Be faithful to that which exists nowhere but in yourself --- and thus make yourself indispensable."
_________________________
***********************************
Here comes this year's biggest Social Media for Business WebConference & Certification online event with Industry's first Project based Social Media Certification!

19+ Who's who of Social Media are speaking including Erik Qualman (Author of Socialnomics), Lee Odden (Content Marketing Expert), Hollis Thomases (Author of Twitter Marketing), Brian Carter (Author of Facebook Marketing), Krista Neher (Author of Social Media Field Guide), Neal Schaffer (Author of LinkedIn Marketing), Megan Berry (formerly of Klout), Marshall Sponder (Author of Social Media Analytics), Bob Tripathi (Author, Speaker, and Educator) and many other globally known experts.
Industry's first hands-on, project based Social Media Certification Program
Social Media is very experiential and this certification program was designed BY industry professionals FOR professionals. Learn social media by doing with our unique hands-on, project based approach learning approach. Our expert mentors will work with you to guide you along. Plus, all attendees will have a final social media dissertation.


Check out the complete Social Media Certification program:
http://www.instantetraining.com/SMBT12

Here are few Social Media topics you'll learn:
• Building Social Media program in your company
• Social Media Listening for Marketing Intelligence
• Facebook Marketing strategies and tactics
• Twitter Tips & Tricks
• Google+ Strategies, Tips, and How-to roadmap
• LinkedIn Power Strategies for Business
• Social Video Marketing
• Social Media Measurement & ROI
• SEO for Social Media Professionals
And many more social media topics...


Check out full agenda:
http://www.instantetraining.com/SMBT12


Here is why this Social Media program is unique:
• Free Bonus materials worth over $1000
• Real-time Q&A features as well as questions you can ask experts during the training
• Free Access to training videos
• Free Social Media Monthly magazine subscription
• Free Social Media Audit Checklist report
Please Note:
We have 2 Social Media Tracks - If certification is not your thing then come attend our WebConference sessions!
About Instant E-Training:
Instant E-Training is a Chicago based online education company imparting critical skills in Social Media, SEO, Web Usability, Content Marketing & other Internet marketing topics helping professionals to succeed in today's rapidly evolving digital marketplace. Instant E-Training delivers top notch training by bringing together leading authors, practitioners, and industry leading experts for a variety of membership based on-demand training videos, certification programs in Social Media & Search Marketing and free monthly educational webinars.


Learn more: http://www.instantetraining.com
*****************************************
________________________
TABLE OF CONTENTS

The Scoop section:

-- Techweek is delivering deep dish pizza to SXSW in Austin! // Don't miss our party with New World Ventures on Monday at Copa Bar & Grill and they have 2,000 people registered right now but can handle only 500
-- Eyal Amir: FasPark 2.0
-- Charles Stack: Email from UI Pres. Mike Hogan
-- Richard O'Brien: Scoop 4 you
-- David Carman: Firm that won the audience vote at BNC Venture Capital Group last Tues. night was www.jobsearchboard.com
-- Phil Tadros: Messages, possibly from SXSW
-- The program at Northwestern Law School on March 3rd for entrepreneurs featured a lot of old blood by my estimation
-- Everything You Missed at SXSW Today (Saturday)
-- beBetter Health to Present at the youngStartUp Ventures Life Sciences & Healthcare Venture Summit
-- Les Minkus' Home for sale in Hawthorn Woods, IL
-- A three day SharePoint Information Architecture class this week in Chicago
-- Robert Wolfrum Support Request - TEC Weekly Review: -Are you Looking for Relationships or Leads?
-- Crain's Chicago Business: SEC sends 'Wells notices' to top Advanced Equities execs
-- SAVO Webinar: How to Hold Sales Conversations that Inspire Customer Buying Decisions
-- Tuesday, March 20: ACG Chicago: Network with Chicago Leaders at the Cultural Center and I'm confused Craig Miller, is that the same event as The Annual ACG Chicago Healthcare M&A Conference?
-- Tuesday, March 20: UPCOMING Special event: Evolving Your Social Collaboration and Content Communities
-- Tuesday, March 13: MIT-EF volunteer meeting and the last time Nancy Munro checked, they had 16 people signed up, pretty good by Jerry Mitchell standards, but not good enough for Munro's MIT-EF, and btw, Nancy's got the job for next year which will be her last under their rules -- you see Jerry, they have term limits
-- Thursday, March 15: VentureSHOT: Brown Baggin' Bootstrappers Collaboration Sessions
-- Cards Ron collected at the 2012 Clean Energy Trust Challenge on 3/1/12
-- ILLINOIS OFFICIAL REPORTS
Appellate Court: Greer v. Advanced Equities, Inc., 2012 IL App (1st) 112458 and having read the decision, it comes down to this: If you invest based on written documents and you sign an agreement that states your decision is based on the written docs, you can't come back and say that you were told false things orally that contradicted the written materials -- now, it's all in legalese, but the court decided in favor of Advanced Equities
___________________________
**********************************************
Cyber Security & Forensics Conference & Expo
April 19 & 20

$150 if registered by March 16th (includes 2 days with breakfast & lunch)
$500-$1,500 sponsorship/exhibitor opportunities available

The Cyber Security & Forensics Conference & Expo is a multi-track, technical conference that attracts 200+ professionals for 35+ presentations in an intensive one- and a half-day schedule. Topics include forensics, security, data/information governance, cyber-crime and security, ethical hacking, eDiscovery, cloud forensics, steganography, policy and compliance, privacy, wireless security, cloud computing, identity theft, and much more.

Participants have included: the FBI, Cisco, Computer Associates, The Chicago Police Department, CompTIA, Fermilab, Argonne, IBM, KPMG, Microsoft, Motorola, Sungard, and many others.

Dan Kaminsky is the keynote speaker. Dan is best known for finding a critical flaw in the Internet’s Domain Name System (DNS), and for leading what became the largest synchronized fix to the Internet’s infrastructure of all time. He is also one seven Recovery Key Shareholders who possess the ability to restore the DNS root keys. Dan spent much of 2011 briefing the US Government on the impact of the SOPA and Protect IP legislation on DNSSEC and the security of the Internet in general.

The Cyber Security & Forensics Conference is April 19 & 20 at Illinois Institute of Technology in Wheaton, IL (Chicago Area). The registration fee is $150 if you register by March 16 ($200 after).

For more information, to register or sponsor, please visit www.cpd.iit.edu/forensecure, or contact Scott Pfeiffer at pfeiffer@iit.edu or 630-682-6001.
**************************************
__________________________
The Scoop section:
______________________
Techweek is delivering deep dish pizza to SXSW in Austin! // Don't miss our party with New World Ventures on Monday at Copa Bar & Grill and they have 2,000 people registered right now but can handle only 500

Techweek is delivering deep dish pizza to SXSW in Austin! // Don't miss our party with New World Ventures on Monday at Copa Bar & Grill
Inbox
x
ronaldmay@aol.com
x

Techweek info@techweek.com via mail22.us1.mcsv.net
1:26 PM (21 hours ago)
to Avrom
Images are not displayed. Display images below - Always display images from info@techweek.com
Is this email not displaying correctly? View it in your browser.

Techweek is Delivering Deep Dish Pizza to SXSW in Austin!
Follow Techweek's Cross Country Roadtrip to SXSW
Half of the Techweek team is currently down at SXSW prepping for our expo booth and official party tomorrow night. The other half of the team is roadtripping down to Austin to make sure SXSW gets a taste of Chicago by delivering Gino's deep dish pizza, Garrett's popcorn, and Goose Island beer.
Check out the lovely ladies of Techweek on the road: Techweek 1200mi to Austin
Follow their adventure on Twitter and Facebook
If you're down in Austin this week, make sure to check out our party and booth! The Techweek SXSWi Innovate+Chicago Party is happening at Copa Bar & Grill tomorrow night from 8pm - 12am. The Techweek booth is #728 at the SXSW trade show from Monday, Mar 12 to Thursday, Mar 15.
________________________________
Eyal Amir: FasPark 2.0

Inbox
x
from: Eyal Amir eyal@faspark.com
to: ron@themayreport.com
cc: eyal@faspark.com,
gerry@faspark.com
date: Sun, Mar 11, 2012 at 12:26 PM
subject: FasPark 2.0
: Important mainly because of the words in the message.

Eyal Amir eyal@faspark.com
12:26 PM (11 hours ago)
to me, gerry
Hi Ron,

Hope your weekend is going well, and that you had a nice Purim. If you remember, we met a few times in entrepreneurship circles here in Chicago over the last year. I enjoyed reading your article comparing FasPark and SpotHero a few months ago -- great job! We are taking some of the feedback that you mentioned informally to me into consideration, and are putting it into our work of improving the app.

In this vein, we are releasing today a new version of our FasPark app for Chicago (FasPark 2.0). It was already announced on our Facebook page a few days ago, and I put a screen-shot of the new app’s dashboard, which I am also attaching here for you. The app will be available on the Android Market (now called “Google Play”) later today (Sunday Mar. 11 evening). It has some neat new features such as a way to save where you parked, later looking up where your car is, and a way to save multiple favorite locations. Check it out when you have a chance and let me know what you think.

All the best, and have a nice rest of the weekend!

Eyal Amir
Co-Founding CEO, FasPark
______________________________
Charles Stack: Email from UI Pres. Mike Hogan

Email from UI Pres. Mike Hogan
Inbox
x
from: Charles Stack, MPH cstack@neochloris.com via yourhostingaccount.com
to: "ron@themayreport.com" <ron@themayreport.com>
date: Thu, Mar 8, 2012 at 8:51 PM
subject: Email from UI Pres. Mike Hogan
mailed-by: yourhostingaccount.com
: Important mainly because of the people in the conversation.
Charles Stack, MPH cstack@neochloris.com via yourhostingaccount.com
8:51 PM (7 minutes ago)
to me
Hi Ron, I was copied on this email blast from embattled UI President Mike
Hogan. The return email address on the blast is presmike@uic.edu
I really don't have a dog in this fight as I am not faculty; however, I give
him credit for following through on his instructions from the Board to reach
out to the UI community (particularly faculty at Urbana) and make things
right. I wish him well, UI has not been a happy place for years. He
certainly has a full plate!
Best, Chuck
Dear Members of the UIC Community,
This week, I had a long and productive meeting with our Board of Trustees to
examine my role in the breakdown of the shared governance system that is so
critical in guiding our great University.
I want the entire University community to know that I regret that this
failure occurred, I take the Board's thoughtful and candid advice very
seriously, and I am committed to restoring the trust and teamwork that will
help us achieve the goals that we all share.
I came to this University at a very challenging time - on the heels of a
public and protracted controversy around questionable admission and
enrollment practices, 17 major leadership vacancies, and at a time of great
fiscal constraint with no salary increases. A new Board rightly demanded
reform, and my mandates have been clear from the beginning - make the
University more efficient and effective, be a rigorous steward of the
precious resources we have, and recruit and retain the very best talent in
the country.
Collectively, we can be proud of our progress in all areas. Among them, an
exceptionally talented leadership team on the campuses and University
administration is being put in place. We have strategically reallocated
funding to key mission areas, which has allowed us to recruit and rebuild
faculty ranks. We've had the first general compensation package in three
years and avoided furlough days, and our government relations efforts have
strongly and effectively advocated our interests in Springfield and
Washington, D.C.
Disagreements have at times obscured our successes. While all sides agree on
our missions, there has been discord over the best way to achieve our common
goals.
I will redouble my efforts to better communicate with all stakeholders as we
weigh new initiatives and policies. Indeed, I intend to set regular meetings
across our campuses to expand face-to-face dialog. This is a great
University, and I want to play an important role in rebuilding its
reputation. The University of Illinois and all who teach, work and study
here deserve the best, and I will do all I can to restore integrity and
trust.
The contributions and dedication of the faculty and staff have made the
University of Illinois a world leader in education and innovation. Working
together, I am confident that we can ensure that our best days are still to
come.

Mike Hogan
President
University of Illinois
________________________________
Richard O'Brien: Scoop 4 you

Scoop 4 you
Inbox
x
from: Richard O'Brien robrien@paymentpathways.com
to: The May Report <ron@themayreport.com>
date: Tue, Mar 6, 2012 at 6:57 AM
subject: Scoop 4 you
: Important mainly because of the people in the conversation.

Richard O'Brien robrien@paymentpathways.com
Mar 6 (3 days ago)
to me
Ron,
FYI: Now the fun begins.
Best regards,
Rick
Greenlist® Licensed to International Payments Network
BANCwire™ extends the scope of financial services far beyond International Money Transfers
Chicago, Illinois – March 6, 2012. Payment Pathways, Inc. (PPI) today announced the sale of licenses for its Greenlist® registry of publicly discoverable epayment addresses to the BANCServices Group, Inc., the providers of BANCwire™. BANCwire is a network service available to financial institutions that wish to offer their customers value added financial services anchored by a safe “virtual address” within the Greenlist.
BANCwire is an Open Financial Institution Payments Platform for cross-border payments, allowing any person or business to request and receive payments anywhere, any time and on any device through their own financial institution. Incorporating Greenlist technology, BANCwire now makes epayments safe and secure without having to disclose any actual account or bankcard information. All enjoy unequaled levels of payments privacy, service profitability, and identity protection laying the foundation for additional benefits and services provided by BANCwire participants.
“BANCwire and Greenlist foster increased transparency, which creates a more competitive and receptive market for our Greenlisted VISA debit cards that have the added value of insurance, healthcare and credit benefits. When efficient remittances combine with affordable human services, living standards are tangibly raised, fulfilling the aspirational needs of entire families.” said Carlos Noceda, CEO of Orbis Unum, a BANCwire and benefits distributer in Lima, Peru.
BANCwire is the first global clearing and settlement network to combine greenlisted Personal Account Numbers (PANs) and Automatic Clearing House (ACH) identifiers to achieve the transparency envisioned in the Dodd-Frank Act’s new remittance disclosure standards. By incorporating disclosures that list the exchange rate used as well as the amount of currency that will be received abroad and other information that can be sent over an electronic funds transfer network, BANCwire allows recipient financial institutions to post ‘good funds’ the moment payment transactions arrived from the network – ahead of actual settlement. PPI's patented approach protects institutions against risk in sending and receiving international as well as domestic money transfers and banks are beginning to realize that the same information not only helps compliance but helps savvy SME customers run their businesses better.
“This solution establishes our competitive position in the marketplace and has the potential to solve the nagging interoperability issues confronting payment islands,” said Richard O’Brien, President and CEO of Payment Pathways, Inc. “Furthermore, BANCwire’s use of Greenlist conforms to the guiding principles of Data Minimization and Use Limitation to achieve Security as specified in the National Strategy for Trusted Identity in Cyberspace (NSTIC).”
BANCwire and Greenlist present cloud-based Application Programming Interfaces (APIs) services available to banks, credit unions and non-bank financial institutions that are accredited Greenlist registrars.
“Many banks reach out to serve immigrant population, driven by the desire to have positive community relations and a good rating in the Community Reinvestment Act. Now they can confidently pay recipients in far away lands without worrying about identity protections and Anti-Money-Laundering (AML) transfer risk. Greenlisting also mitigates problems some financial institutions could have in meeting their funds transfer requirements under Reg. E.” said William Drevant, former banker and CEO at WRD Consulting in Antioch, IL.
In addition to masking traditional debit card and bank account numbers, closed loop debit card numbers can also be registered as trusted epayment addresses for relying parties such as financial institutions deploying BANCwire.
“Greenlist combines the critical dimensions of trusted identity and protected personal payment information – two essential elements in making global payments.” said Elizabeth McQuerry, Senior Vice President at Microfinance International Corporation and ARIAS, the remittance settlement platform that processes account-to-receiver service for FedGlobal ACH Payments.
PPI is extending its Greenlist technology for BANCwire in a program designed to further reduce payments fraud with a patented Sender-Receiver Linkage feature that minimizes both money laundering risks as well as fraud losses from unauthorized debits for risk bearing institutions.
About Payment Pathways, Inc.
Founded in 2003, Payment Pathways has developed the Greenlist registry, which elegantly makes epayments safe and secure without requiring consumers to disclose any actual account or bankcard information whatsoever. PPI helps all parties in the payments ecosystem with payments privacy, service profitability, and identity authentication and protection. Visit paymentpathways.com or call +1 312.346.9400 for more information.
About The BANCServices Group, Inc.
Founded in 2000, The BANCServices Group has integrated numerous products and services that support over 750 financial institutions without requiring significant CAPEX to implement any solutions or services. BANCwire is a service offering of BANCServices International, a subsidiary of BGI. Visit bancservicescorp.com or call +1 866.233.3200 U.S., +1 573.683.2223 International, for more information.
Greenlist® is a registered trademark of PPI. BANCwire™ is a trademark of BANCServices Group, Inc.
Richard O'Brien // President & CEO
Payment Pathways, Inc. // 200 S. Wacker Drive // 15th Floor // Chicago // IL // 60606
Office: 312-346-9400 // Facsimile: 312-276-8810 // Mobile: 630-715-0956
robrien@paymentpathways.com
PaymentPathways.com
Switched Pathways Consulting blog
Please don't print this e-mail unless you really need to
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error, please notify us immediately by return email and delete the original message from your email system. If you are not the named addressee, you should not disseminate, distribute, or copy this email.
_____________________________
David Carman: Firm that won the audience vote at BNC Venture Capital Group last Tues. night was www.jobsearchboard.com

Subject: RE: David, was there a 3rd firm? Which firm won the vote and what was the vote?
Date: 3/9/2012 10:30:15 A.M. Central Standard Time
From: davidcarman@sbcglobal.net
To: RONALDMAY@aol.com

Ron--
No, there was not a 3rd firm. The winner was www.jobsearchboard.com.
From: RONALDMAY@aol.com [mailto:RONALDMAY@aol.com]
Sent: Friday, March 09, 2012 8:50 AM
To: dcarman@bnchicago.org
Cc: ronaldmay@aol.com
Subject: David, was there a 3rd firm? Which firm won the vote and what was the vote?
_______________________________
Phil Tadros: Messages, possibly from SXSW

NEW iPhone 5 Leaked @sxsw
Inbox
x

Philip Tadros phil@doejo.com
Mar 10 (2 days ago)
to me
http://philcoextra.com/post/19042062429/new-iphone-5-leaked-sxsw
++++++++++++++++++++++++++++
(no subject)
Inbox
x
from: Philip Tadros phil@doejo.com
to: The May Report <ron@themayreport.com>
date: Thu, Mar 8, 2012 at 9:44 AM
: Important mainly because of the people in the conversation.
Philip Tadros phil@doejo.com
Mar 8 (2 days ago)
to me
http://startupbus.com/americas/blog/archives/1316
____________________________
The program at Northwestern Law School on March 3rd for entrepreneurs featured a lot of old blood by my estimation

Subject: Re: Adam, I wanted to attend your program on Saturday. Please send me the program.
Date: 3/8/2012 1:39:57 P.M. Central Standard Time
From: a-hopkins2014@nlaw.northwestern.edu
To: RONALDMAY@aol.com
Saturday, March 3, 2012 • 8:30 a.m.- 4:00 p.m.
Northwestern University School of Law
375 East Chicago Avenue, Chicago, IL 60611

Networking.
Legal Learning. Practical Business Insight.

VC/Angel Investing

Panelists: Stuart Frankel, CEO and co-founder of Narrative Science
Troy Henikoff, CEO and co-founder of Excelerate Labs
George Middlemas, Founding Partner at Apex Venture Partners
Divya Narendra, Founder of SumZero and founder of Connect U
Moderator: Darren Green, Attorney at Law and Adjunct Professor of Law at Northwestern University
The Process of an IPO
Panelists: David Fisher, President and CEO of Options Xpress
Frank Petito, President of Orbitz Business, Orbitz Worldwide
Jason Rice, General Counsel of Navteq
David Ruder, Former Chairman of SEC, Professor Emeritus Northwestern University
James Rowe, Senior Partner at Kirkland & Ellis
Moderator: Sarah Brooks Gabriel, Capital Markets Partner at Kirkland & Ellis

How to Start a Business
Panelists: Matt Bryant, COO of Jump Rope
Neal Sales-Griffin, CEO of Code Academy
Kevin Willer, CEO of Chicagoland Entrepreneurial Center
Bob Wilson, Senior Partner at Kirkland & Ellis
Moderator: Jeffrey R. Patt, Partner at Katten Muchin Rosenman
Protecting Your Brand
Panelists: Paul Earle, Executive Director of Leo Burnett Farmhouse
Jonathon Jennings, Partner at Pattishall McAuliffle
Moderator: Gerry Jenkins, Partner at Goldberg Kohn
________________________________
Everything You Missed at SXSW Today (Saturday)

http://pandodaily.com/2012/03/10/everything-you-missed-at-sxsw-today-saturday/
Everything You Missed at SXSW Today (Saturday)
by Erin Griffith
on March 10, 2012
Oh hey, here is another handy digest to everything, or at least many things, that happened in Austin today.

Cool Stuff

- I spent the morning at Startup Village at the Hilton, where the hottest sessions are in the Lean Startup track. Dave McClure’s panel drew a crowd, as did some case studies from Etsy. I loved Steve Blank’s talk, which was punctuated by a round of applause after he paused at the word “hypothesis” and explained that, come on, it’s really a fancy way to say “guesses.” He added, “Because that’s what they are, right? They’re fucking guesses.”

- That same Lean Startup room created some fire code issues during a mentoring session.

- Sponsored umbrellas are now brought to you by Sonar, Squarespace, and probably a lot of others. Where were you yesterday, guys?

- The cost per engagement for Promoted Tweets and Promoted Trends on Twitter has nearly tripled (it’s a marketplace determined by demand), and Amex is outbidding everyone. Twitter wins in this situation; startups with smaller advertising budgets do not.

- This guy is running around hugging people. Something to do with Zopim.

- In a town of overdone parties with long lines and crazy gimmicks, AOL Ventures and Bravo threw excellent, understated parties last night. Tonight big parties incude Turntable.fm and Thefuture.fm.

- Forgot to mention this yesterday: Mashable has an old timey print paper. I thought, “Oh cool, a daily digest you can carry around with you, I love it.” Then I picked up today’s edition and it’s the same as yesterday’s. I’m now using it as makeshift umbrella.


photo via Adweek

- The Secondmarket house is open and full of awesome stuff like massages and the best coffee I’ve ever had.

- Dennis Crowley of Foursquare and Pando friend MG Siegler took the stage in one of the convention center’s largest rooms. Crowley talked a lot about his discovery engine Radar, which the company hasn’t pushed too much because of the battery use problem of running an ambient location app in the background at all times. Plus, the company feels it’s a little too early, and users aren’t quite ready to have their phones buzzing based on where they are. Auto-checkin will be an optional setting someday, when users are ready. Crowley’s favorite topic was Foursquare’s data and how useful they’re making it for users and developers on the company’s API. Regarding Foursquare’s growth over the last three years since its launch at SXSW, Crowley said, “We’re the smallest of the big guys now. We’ve earned our place.”

- Speaking of Foursquare API developers, Timehop is doing some awesome stuff.

- Paul Carr read from his book and cursed adjacent to the children’s section of a bookstore.

- Everyone is talking about Groupme’s grilled cheese tent from last year. Hey everyone, they’re back with it again this year.


Photo via @brooke

Less Cool Stuff

- Still gross, cold and rainy.

- There was a guy hemorrhaging blood from his foot outside the TechStars party last night. Fire trucks were involved. I hope he’s okay!

- There is a big, crazy bus with people on top dancing too loud — we’re talking blocks away loud — music. Note that this is under the less cool column.

Other stuff

Missed yesterday’s post? It’s right here!

Erin Griffith
Erin Griffith is a writer for Pando Daily, covering New York startups, IPOs, e-commerce and payments. She's been a staff writer for Adweek and a private equity blogger for peHUB. Her writing has appeared in VCJ, Time Out New York, Huffington Post, FT.com and BUST. Also, she plays keyboard in a band called Team Genius.
6 thoughts on “Everything You Missed at SXSW Today (Saturday)”
Pedro Torres Picón (@pedrotp) on March 10, 2012 at 9:50 pm said:

Soo, no mention of @baratunde’s keynote speech!? He rocked it…

Reply ↓
Erin Griffith on March 11, 2012 at 3:32 pm said:

I missed it and didn’t talk to anyone who went, sadly!

Reply ↓
Jon Lerner on March 11, 2012 at 12:42 pm said:

See any great bands?
___________________________
beBetter Health to Present at the youngStartUp Ventures Life Sciences & Healthcare Venture Summit

Subject: beBetter Health to Present at the youngStartUp Ventures Life Sciences & Healthcare Venture Summit
Date: 3/12/2012 11:51:18 A.M. Central Daylight Time
From: tatvshow@yahoo.com
To: ron@themayreport.com
CC: RONALDMAY@aol.com
beBetter Health to Present at the youngStartUp Ventures Life Sciences & Healthcare Venture Summit

CHICAGO, IL, Mar 12, 2012 (www.twitter.com/techaccesstv) -- beBetter Health, Inc., an online wellness company dedicated to engaging employees in their health, announced today that it will be presenting at the youngStartUp Ventures Life Sciences & Healthcare Venture Summit being held March 28, 2012 at the Digital Sandbox in New York City. The Summit features more than 50 of the hottest early stage and emerging growth life sciences, healthcare and healthcare IT innovators. More than 40 top-tier venture capitalists will be in attendance. Ralph Gaines, beBetter's Chief Executive Officer and Kevin Noland, beBetter's President & Chief Operating Officer, will be presenting.
"youngStartups represents an exciting opportunity to showcase how we are taking health and wellness to the small and mid-size business market," commented Gaines. "We connect all the pieces for an outcomes-driven wellness solution that is super easy to deploy, super easy to administrate, and delivered at a fantastic price. beBetter's scalable, cloud-based system makes this a reality and is exactly where beBetter is making its investments for future growth. The market is large, untapped, and underserved, and we look forward to sharing our advancements along with the many other emerging technology companies that will be presenting at the Summit."
beBetter recently began marketing its beBetter(R) System, a true "Wellness in-a-Box" solution that delivers a Fortune 500 wellness experience to small and mid-size businesses. More than two years in development, the beBetter(R) System is the first wellness system that unifies all of the essential content, tools, wellness programming, and reporting into a single, user-friendly application that can be managed by non-wellness experts.
About beBetter Health, Inc.
beBetter is an online wellness company exclusively focused on bringing innovative wellness solutions to small and mid-size employers. The beBetter(R) System provides a fresh, engaging approach to empowering employees and their families to improve their health and wellness. We connect all the programs, content, applications and reporting in an integrated, easily deployed system at a fantastic price. Learn more about beBetter and our 25 years of experience in health management at www.bebetter.com . Interested investors may contact us at investors@bebetter.net.
www.twitter.com/ #!/bebetterhealth

Bruce Eric Montgomery
Executive Producer & Host
Technology Access Television
200 S. Wacker Drive, 15th Floor
Chicago, IL 60606-5865
(312) 725-8601
tatvshow@yahoo.com
www.twitter.com/techaccesstv
www.facebook.com/brucemontgomery
________________________________
Les Minkus' Home for sale in Hawthorn Woods, IL

Subject: Home for sale in Hawthorn Woods, IL
Date: 3/12/2012 12:29:26 P.M. Central Daylight Time
From: drtoy@drtoy.com

Dear Chicago based friends
Hope you are having a great year so far
A friend Les Minkus has informed me about his house being available
if you or anyone you know is interested please contact Les
let him know referral came from Stevanne
Keep in touch
regards and all best
Stevanne

---------- Forwarded message ----------
From: <lsminkus@kidsdadsmoms.com>
Date: Sun, Mar 11, 2012 at 10:17 PM
Subject: RE: Home for sale in Hawthorn Woods, IL
To: drtoy@drtoy.com
Hi Stevanne:
While we've just re-listed our house this week for sale at $689,000 or lease at $3,600 the house was listed at $749,500 and has a tenant that has been there for 1 year and is vacating and moving to Lake Forest.
The links below include 2 video links and a link with full description.

http://www.youtube.com/watch?v=C818xvXS4Rs

http://www.youtube.com/watch?v=D1syvpWOGsA

http://www.ziprealty.com/property/16-GREENBRIAR-LN-HAWTHORN-WOODS-IL-60047/27429253/detail


Call me anytime if you know someone that is interested and I will arrange for them to tour the house.

Regards,
Les Minkus
847-927-0856 (c)

--
Stevanne Auerbach, Ph.D. Dr. Toy
268 Bush Street
San Francisco, CA 94104
510- 540 -0111
drtoy@drtoy.com
www.drtoy.com
Author: Smart Play/Smart Toys
_______________________________
A three day SharePoint Information Architecture class this week in Chicago

Subject: Sonny Cohen referral
Date: 3/12/2012 10:46:21 A.M. Central Daylight Time
From: Seth@earley.com
To: ronaldmay@aol.com
Hi Ron,
Sonny Cohen at Duo suggested I reach out.
It may be too late for our session but we have a three day SharePoint Information Architecture class this week in Chicago. We could use a bump in registrants if there is anything we can send out today to try to drive some last minute registrations.
Any suggestions? We can plan for future promotions of the courses but Sonny thought it might be worth seeing if you had any ideas for a last minute promotion.
Let me know what you think.
http://www.earley.com/training/sharepoint-information-architecture
Seth
Here is the course description:
SharePoint Information Architecture - How to Optimize Findability in SharePoint
Learn how to increase SharePoint 2010 adoption, improve information management, and fully achieve your business objectives by optimizing SharePoint 2010 for your enterprise.
An outcome of 18 years of best practice development in content management and search optimization, this course teaches you the proven methodologies and techniques developed by Earley & Associates over many information architecture engagements. You will gain fluency in consulting approaches for deriving user requirements, translating those into a vision of a solution and creating information management components in SharePoint.
Here is what some recent attendees had to say:
“This course is the most comprehensive workshop on practical SharePoint Information Architecture available anywhere. I liked the combination of theory and hands on application, tips and tricks. I can now return to my organization and solve those information management challenges that we have had so much difficulty with.”
“I never realized how much there was to SharePoint architecture. I feel well armed with approaches that I can put to work right away”
This 3-day hands-on course provides a practical introduction to key information architecture concepts and delivers the knowledge needed to apply these concepts to your most pressing information problems. The course is unique in the level of attention given to content type definition, taxonomy, and metadata.
You will learn how to:
· Develop a user-centric information architecture
· Determine how to derive and apply taxonomies for site structures
· Define metadata structures, content types, lists, views and libraries
· Leverage use cases and scenarios to optimize SharePoint
· Architect effective information management governance processes
Target Audience
This class is for information specialists, program managers, business process owners, SharePoint developers, taxonomists, library science specialists, intranet professionals and anyone who needs a stronger grounding in information architecture and guidance on how to configure SharePoint to meet business and user requirements.
Seth
Seth Earley
CEO
_____________________________
EARLEY & ASSOCIATES, Inc.
Cell: 781-820-8080
Email: seth@earley.com
Web: www.earley.com
Follow me on twitter: sethearley
Connect with me on LinkedIn: www.linkedin.com/in/sethearley
Seth Earley
CEO
____________________
EARLEY & ASSOCIATES, Inc.
Cell: 781-820-8080
Email: seth@earley.com
Web: www.earley.com
Follow me on twitter: sethearley
Connect with me on LinkedIn: www.linkedin.com/in/sethearley
__________________________
Robert Wolfrum Support Request - TEC Weekly Review: -Are you Looking for Relationships or Leads?

Subject: Robert Wolfrum Support Request - TEC Weekly Review: -Are you Looking for Relationships or Leads?
Date: 3/9/2012 3:18:06 A.M. Central Standard Time
From: robert.wolfrum@kineticdata.com
Wolfrum Friend:

If you are getting this email it is because you know who I am and the career I've built. This is a members only Technology Executive Club (TEC) event, however your act of signing up acknowledges and demonstrates your support of what I've done over the years for and around you. Please take the time to sign up for the event and if Alex of TEC has enough lead time and generosity you may just get a GoToWebinar invite.

Registration Address:
https://www2.gotomeeting.com/register/402922954

Sincerely,
Robert Wolfrum
Director of Sales Development
Kinetic Data
Your business. Your process.
WWRUG10 Best Customer Service/Support Award
WWRUG09 Innovator of the Year Award
(219) 669-3869
robert.wolfrum@kineticdata.com
www.kineticdata.com
LinkedIn: http://www.linkedin.com/in/wolfrum
Kinetic Vision: http://blog.kineticdata.com/
Kinetic Community: http://www.kineticdata.com/Support/KineticCommunity.html

Please Forward This to a Friend
Subscribe to This Newsletter
How to Build a Prospect List with LinkedIn & Salesforce.com Complimentary IT Marketing Academy Webinar!

Fri., March 9 @ 12 pm CT - REGISTER NOW
https://www2.gotomeeting.com/register/402922954
In this interactive webinar, Sales Hunter Boot Camp Series Creator Robert Wolfrum will share how to build a prospect list by combining several internet services and data you already own. He will outline a fool-proof strategy and give you step-by-step instructions for building a list you can leverage for a lifetime of sales success.
Specific take aways include:

Practical steps for improving pipeline quality and volume.
How to build a prospect list and get it up and running in as little as one day!
How to exploit LinkedIn, CardMunch, Data.com (formerly JigSaw) and Salesforce to your advantage
and more!

This call is a a must-attend webinar for sales executives, field marketing and sales management professionals.
More Details
http://www.technologyexecutivesclub.com/Events/2012/03092012webinar.php
_______________________________
Crain's Chicago Business: SEC sends 'Wells notices' to top Advanced Equities execs

Crain's Chicago Business: SEC sends 'Wells notices' to top Advanced Equities execs
Inbox
x

Thomas Bennett tomrbennett@yahoo.com
5:23 PM (6 hours ago)
to me, ronaldmay
Ron:
FYI.
TRB
-------------
http://www.chicagobusiness.com/article/20120309/NEWS01/120309774/sec-sends-wells-notices-to-top-advanced-equities-execs
++++++++++++++++++++++++++++++++
http://www.chicagobusiness.com/article/20120309/NEWS01/120309774/sec-sends-wells-notices-to-top-advanced-equities-execs

SEC sends 'Wells notices' to top Advanced Equities execs

Print | Email | 2 comments

By Lynne MarekMarch 09, 2012

Today's Headlines
3/9/2012
•Allstate CEO Wilson's pay rises as stock sinks: report
•Exelon's Constellation takeover set to close Monday
•New City Bank fails; FDIC takes it over
•MF Global execs could still get bonuses: source
•Chicago-bound American jet delayed by flight attendant's rant
•Quinn gives Medical District $4.5 million after $40 million default
.

View All of Today's News Headlines.

(Crain's) — Two top executives at Advanced Equities Inc., a Chicago venture capital and investment banking firm, disclosed that they received a notice from the Securities and Exchange Commission that they are under investigation and charges may be brought.
Keith Daubenspeck, chairman and co-founder of parent firm Advanced Equities Financial Corp., according to the firm's website, and Dwight Badger, a co-founder and CEO, each disclosed in a broker registration filing that they received “Wells notices” from the SEC in January.
The two men, in identical disclosures on the matter, said that the notice informed them that staff in the SEC's regional Chicago office are considering recommending to the SEC that an administrative proceeding be brought against the pair "in connection with a private offering in 2009.” Neither provided details about the offering.
“It's confidential and we're not going to discuss it,” said Amal Amin, the firm's in-house attorney. “We're aware of the allegations and we're going to defend ourselves.”
“I am addressing the staff's concerns and I am prepared to aggressively defend myself should it become necessary,” the men said in their disclosures.
SEC spokesman John Nester declined to comment on the case.

A Wells notice lets the recipient know that the SEC enforcement division staff intends to recommend to the commission that charges be brought against the individual, but it gives the respondent about 30 days to persuade the staff not to take action, Mr. Nester said. The recipients will often request more time to respond to the notice and may receive that additional period, he said.

If the SEC staff recommends charges to the commission, it will include any response to the Wells notice.

Advanced Equities says on its site that it is a “source of late-stage private equity to technology companies" financed by venture capital firms and that it provides investment banking services. It also offers investment strategy advice to institutions and high net-worth individuals, according to the site. The firm also has offices in New York, San Francisco and London, the site says.

Read more: http://www.chicagobusiness.com/article/20120309/NEWS01/120309774/sec-sends-wells-notices-to-top-advanced-equities-execs#ixzz1ogvXY3nT
Stay on top of Chicago business with our free daily e-newsletters
++++++++++++++++++++++++++++
2 Reader comments:
Theodore H. wrote:
"also offers investment strategy advice to institutions and high net-worth individuals"

Yeah -- well, so can I. BFD.
3/9/2012 4:40 PM CST

Michael R. wrote:
Innocent till proven guilty, but not at all surprsing. These guys have have made nice fees peddling marginal and sometimes bogus deals for years. If Daubenspeck is smart, he will get this settled before the SEC starts digging into some of the past deals they've sold to investors.
____________________________
May here. A brief comment. I've seen this movie before. I met with an investigator and his staff at the Illinois Secretary of State's office a few years ago. I met with the lawyer assigned to the investigation in his office and with a couple of his assistants. He had a file about six inches thick which contained copies of many reports in TMR.

Complaints from current and brokers were not much use to him.
What he needed was evidence of fraud.

And to prove fraud, he needed actual customers who would be willing to testify under oath that they were deliberately lied to by brokers at Advanced Equities.
It sounds easier to do than it is.

So what happened?

Absolutely nothing.

The lawyer left the Secretary of State's office and the case file was passed along to someone else.
Resources for investigations are very limited and it takes time and a long term commitment to see it through.

The SEC has a horrible track record. How many people have been charged in connection to the 2008 Wall Street debacle?

My view is that I'll believe they're serious when I see proof.

BTW, I owe you another $7 Lynne Marek. You wrote another article in which you did not mention JB in the first paragraph or Moog, Willer or Henikoff in the first four paragraphs, so now I owe you $14.
_______________________________
SAVO Webinar: How to Hold Sales Conversations that Inspire Customer Buying Decisions

Subject: SAVO Webinar: How to Hold Sales Conversations that Inspire Customer Buying Decisions
Date: 3/9/2012 12:47:48 A.M. Central Standard Time
From: tatvshow@yahoo.com
To: ron@themayreport.com
CC: RONALDMAY@aol.com
SAVO Webinar: How to Hold Sales Conversations that Inspire Customer Buying Decisions
CHICAGO -- (www.twitter.com/techaccesstv) -- SAVO Group, a market leader in sales enablement solutions and consultative services, today announced details of its upcoming webinar “Saying the Secret Words: Messaging that Matters.” This is the second webinar in SAVO’s “Mission: Possible – Revenue Growth through Sales Enablement” series, designed to help organizations understand how to bridge the gap between revenue initiatives born in the C-suite and their actual execution on the front lines of customer interaction.

“Say the Secret Words: Messaging that Matters” will provide expert insight into creating compelling messaging that drives revenue. Webinar participants will also receive a checklist of steps to improve a company’s ability to deliver clean, consistent and compelling messaging each time a sales rep talks with a prospective customer.
Who: Ken Powell, Vice President, Global Sales Enablement & Learning, ADP
Tim Riesterer, Chief Strategy & Marketing Officer, Corporate Visions, Inc.

What: Forrester Research shows that while sales conversations are still the top reason people choose one company over another, 85 percent of sales calls fail to impress executives, with only 7 percent resulting in follow-up calls. This webinar will provide expert insight into:
-- Aligning marketing and sales to create winning messages;
-- Empowering sellers to hold conversations that inspire customers to buy;
-- Reinforcing strategic messages at every step of the sales cycle; and
-- Tailoring messages to keep them relevant for decision-makers across industries.

Webinar participants are also eligible for a free SAVO Maturity Benchmark to assess their current performance against peers, competitors and best-practice leaders.

When: Tuesday, March 13, 2012; 11:00 a.m. – 12:00 p.m. CT

Where: Register Today
About SAVO
Founded in 1999, SAVO is a leading provider of cloud-based sales enablement technology and consulting solutions. SAVO’s on-demand sales enablement platform maximizes the sales team’s ability to communicate value and differentiation in clear, consistent and compelling ways. Combining proven sales and marketing best practices with award-winning technology, SAVO addresses all aspects of the sales enablement challenge — spanning people, process, insight and technology. For more information, visit www.savogroup.com

Bruce Eric Montgomery
Executive Producer & Host
Technology Access Television
200 S. Wacker Drive, 15th Floor
Chicago, IL 60606-5865
(312) 725-8601
tatvshow@yahoo.com
www.twitter.com/techaccesstv
www.facebook.com/brucemontgomery
___________________________
Tuesday, March 20: ACG Chicago: Network with Chicago Leaders at the Cultural Center and I'm confused Craig Miller, is that the same event as The Annual ACG Chicago Healthcare M&A Conference?

Network with Chicago Leaders at the Cultural Center - Register Now
Inbox
x
from: ACG Chicago Networking@acgchicago.com
to: ron@themayreport.com
date: Tue, Mar 6, 2012 at 9:30 AM
subject: Network with Chicago Leaders at the Cultural Center - Register Now
http://www.acgchicago.com/jobs.aspx

ACG Chicago Networking@acgchicago.com
Mar 6 (3 days ago)
to me
Images are not displayed. Display images below - Always display images from Networking@acgchicago.com

The Chicago Cultural Center March 20, 2012 7:30 - 11:30 am Register Now
http://www.acgchicago.com/jobs.aspx

Don't miss this critical morning of insight and networking
with leaders from over a dozen Chicago organizations.
Our world has changed and will continue to explode globally
effecting everything we do and everything we are.
Join us to understand what it will take to maintain and grow
Chicago's dominate global role and thereby preserve
Midwestern growth and development.

ACG Member Registration Fee - $50.00 (Ends 3/15/12)
Non ACG Member Registration Fee - $75.00 (Ends 3/15/12)
Reserved Table for 10 - Includes Full Page Ad in Program Booklet - $750.00 (Ends 3/6/12) Register Now
Chicago as a MegaRegion
Benjamin F. Jones, Associate Professor, Kellogg School of Management,
Northwestern University
Leading from the Middle:
Doug Farren, Associate Director, National Center for the Middle Market,
Ohio State University
Understanding Midwestern Job Growth Drivers
Erik Hurst, V. Duane Rath Professor of Economics and the John E. Jeuck Faculty Fellow, Booth School of Business, University of Chicago
Addressing the Issues, Opportunities and Threats Today and Beyond
Timothy Classen, Assistant Professor of Economics, Loyola University Chicago
Derrick Collins, Dean for the College of Business, Chicago State University
Michael S. Miller, Associate Professor of Economics, DePaul University
Caralynn Nowinski, M.D., Associate Vice President for Innovation & Economic Development, University of Illinois
Moderator: Richard Kelly, Director, Global Market Research, GE Capital
plus the previous speakers
++++++++++++++++++++++++++++++++++
http://www.acgchicago.com/2012healthcare.aspx
2012 Healthcare M&A Conference
The Annual ACG Chicago Healthcare M&A Conference brings even more thought leadership, deal making, relationship building and sector development than ever.
Leading off with the insightful groundwork of the Marwood Group, we then delve into the intricacies of the most dynamic healthcare sectors and the middle market impact on these. After a morning of razor focused content, Ed Hughes returns by popular demand to cut through the public relations and spin to provide an honest view of the market in 2012 and beyond. And all this sets up an afternoon of opportunity. DealSource* (one-on-one) deal making sessions rotate in the boardrooms while executives, advisors and key experts surface new deals and markets during the new Innovation Track. Finally, the packed day is capped off with the new ACG Chicago Healthcare M&A Awards.
8:45 - 9:30 am
Registration
9:30 - 10:00 am
The Marwood Group’s State of Healthcare M&A
10:00 - 10:45 am
Concurrent Breakout Sessions on Trends, Challenges and Opportunities in Specific Healthcare Sectors (attendees choose one per session)
10:00 - 10:45 am Concurrent Sector Breakout Panels:
Providers Information Technology
11:15 - Noon Concurrent Sector Breakout Panels:
Payer/Payer Services Medical Products & Devices
Noon - 12:45 pm
Lunch
12:45 - 1:30 pm
Ed Hughes / Reality Check-up: Diagnosing the Future
1:45 - 5:05 pm
DealSource* Private Deal Making Sessions in the Boardrooms
1:45 - 5:00 pm
The Innovation Track: Corporate Executives Across the Lifecycle of the Healthcare Industry Delve into Development Strategies. Then All Attendees Engage in Roundtable Explorations of Key Healthcare Firm Issues.
1:45 - 3:00 pm From Gazelles to Agile Giants: A Corporate Development Panel of Leading Firms Discuss the Decisions to Develop, Outsource, Merge or Acquire to Grow thier Businesses.
3:15 - 4:45 pm Roundtable Discussions (fully interactive sessions on key issues involving all Attendees)
4:45 - 7:30 pm
Healthcare Awards & Closing Reception
* Limited to Private Equity Firms and Investment Bankers. Please confirm your interest in participating with ACG Chicago. Only those pre-scheduled may participate in those sessions.

Gold Sponsors
BDO USA, LLP; Blake, Cassels & Graydon LLP; Corinthian Capital Group, LLC; Golub Capital; McDermott Will & Emery LLP; Mesirow Financial; Plante & Moran, PLLC; PNC Business Credit; Vedder Price P.C.; Wells Fargo Capital Financial; West Monroe Partners; Winston & Strawn LLP
Silver Sponsors
AccuVal Associates, Incorporated; Gould & Ratner LLP; Burke Warren; Horizon Capital Advisors, LLC; Huron Consulting Group; The Jordan Company; Katten Muchin Rosenman LLP;
RHR International; Synergy Law Group, L.L.C.; Tatum
____________________________
Tuesday, March 20: UPCOMING Special event: Evolving Your Social Collaboration and Content Communities

Subject: UPCOMING Special event: Evolving Your Social Collaboration and Content Communities
Date: 3/8/2012 9:50:18 A.M. Central Standard Time
From: jwillinger@rightpoint.com
To: RONALDMAY@aol.com

March 20, 2012
Join us for an exclusive FREE Breakfast Briefing and hear how the doors for social business have burst open and why sharing communications in real-time is imperative for you in growing your business communities.
During this interactive seminar, our featured speakers Jeff Willinger, Director of Social Computing and Intranets at Rightpoint, Michael Dokich, Azure Solution Specialist at Microsoft and Bob Canaway, Director of Marketing at Ektron will discuss best practices about how today's leading enterprises are applying social technologies such as collaboration, communication and content management to social networks and how rapid deployment of a new site can impact the success of a given business goal or outcome.
Hear how delivering vital content in the cloud can improve your business collaboration, while decreasing the time to reach your target audiences.
•Empower marketing teams to deploy new sites and campaigns on the fly
•Ensure sensitive content remains local while benefiting from Windows Azure cloud delivery
•Get the maximum uptime for your site
Register here:
http://tinyurl.com/6vj6ykv
__________________________
Tuesday, March 13: MIT-EF volunteer meeting and the last time Nancy Munro checked, they had 16 people signed up, pretty good by Jerry Mitchell standards, but not good enough for Munro's MIT-EF, and btw, Nancy's got the job for next year which will be her last under their rules -- you see Jerry, they have term limits

Free Networking Event Reminder & Upcoming Events
Inbox
x

MIT Enterprise Forum Chicago nancy@knowledgeshift.net via mail2.clubexpress.com
Mar 7 (4 days ago)
to me
Images are not displayed. Display images below - Always display images from nancy@knowledgeshift.net
The Global Entrepreneurial Network: Connect. Inspire. Succeed.
HOST SPONSOR
MEMBERSHIP

For information on
becoming a member:
membership@mitefchicago.org
For information on
becoming a volunteer:
volunteers@mitefchicago.org
Upcoming Events
April - Fair -- Pair
May - Whiteboard Challenge
June - Networking and Fun

Want to be Part of the Next Big Thing?
Are you looking for a way to get involved in something really special that will help advance your career, contacts, knowledge and have something extremely impressive on your resume?
We all know that if you want to be a leader in your industry, then it is smart to hang out with other business leaders.
The MIT Enterprise Forum Chicago is looking for volunteers. You don’t have to be an MIT Alumni to join or volunteer.
Join us for March's volunteer recruitment networking event. This event is designed to introduce members and non-members to the fantastic opportunities available.
If you are looking to be part a group that is on the cutting edge and will help you gain future contacts as well as the information needed to excel in this rapidly changing environment, then check us out.
We can use volunteers for all aspects of the MIT Enterprise Forum. If you have ideas or even if you don’t this, will give you the opportunity to be part of the inner circle.
Where: Currents on the River – Lower Level
200 S. Wacker Drive
Chicago, IL 60606-5829
(312) 846-6498
When: Tuesday March 13th, 2012
Cost: $0 There is no fee to attend, appetizers are provided and there is a cash bar.
We look forward to seeing you there!
Don't forget to spread the word about our next event -- We are giving away a Kindle!
April is Fair/Pair time --- think mini Entrepreneurial Trade Show combined with mini Taste of Chicago!

For details, visit http://www.mitefchicago.org
_______________________________
Thursday, March 15: VentureSHOT: Brown Baggin' Bootstrappers Collaboration Sessions

Subject: THURSDAY MARCH 15TH - Brown Baggin' Bootstrappers Collaboration Sessions
Date: 3/9/2012 12:32:05 P.M. Central Standard Time
From: bob@fundingfeedingfrenzy.com
To: ronaldmay@aol.com
Join Us at VentureSHOTTM for
Brown Baggin' Bootstrappers
Collaboration Sessions
Thursday March 15th from 11:30am to 1pm
VentureSHOTTM Headquarters
744 N. Wells Street, Chicago, IL 60654
Located on Wells St. / River North neighborhood.
Only 1 Block from the Chicago Brown Line Stop.
We have created a Meetup Group to make
it easy to RSVP or you can Register Here!
Ron,
This special series of collaboration sessions is for Entrepreneurs, Bootstrappers and Business Owners who are building their business without major amounts of investor capital...so far.
Each Entrepreneur or Business Owner will get to go through their business and experienced entrepreneurs will facilitate the discussion and collaboration.
Bring Your Lunch and eat while you are collaborating. Get there early for Networking before the event at 11:30am and we'll start the program at NOON!
Topics:
*Entrepreneurs individually discuss their own business!
*How can you make a MAJOR impact in the next 30-60-90 days?
*Improving your processes and getting them started quickly!
*How to implement time leverage into your business.
*Eliminating low-value activities from your schedule and how to produce high-impact results.
There will be a good amount of time at the end for open "mastermind" discussion, networking and collaboration, plus Q&A.
Register today to take advantage of the early bird price!
Only $10 early bird, $15 regular and $20 at the door
Check Out who has signed up and Register Now!
Email david@FundingFeedingFrenzy.com or
call David Culver @ 312-953-9919 for more information.
Also plan on attending other outstanding VentureSHOT Events!
Chicago’s High Energy Entrepreneur Center
744 N. Wells Street, Chicago, IL 60654
Located on Wells St. / River North neighborhood.
Only 1 Block from the Chicago Brown Line Stop.
What are some of the great things that happen at VentureSHOTTM?
· VentureSHOTTM Super-Ultra Collaborative Entrepreneurial Group meetings
· “Meet the Money” Angel Investor and Venture Capital “Meet & Greet” sessions
· Coaching for Funding Presentations and other important strategic presentations
· Participation in many valuable Mastermind Sessions including:
- Founder / CEO “Top Challenges”

- Funding Challenges and Solutions
- Revenue Growth Strategies
- Strategic Marketing and Brand Development
- Developing a Powerful Company Culture

· Access to “Flex-Space” or Private Offices in a fun, highly collaborative and entrepreneur friendly working environment
Come experience the awesome collaboration opportunities at Chicago’s newest Entrepreneur Center & Incubator!
Cheers!
The VentueSHOT Team.
www.VentureShot.com
Register Now to Present Your Company at The Funding Feeding Frenzy!
For more information about The Funding Feeding Frenzy, please be sure to contact:
Bob Bock,
708.646.9047
Bob@FundingFeedingFrenzy.com
_______________________________
Cards Ron collected at the 2012 Clean Energy Trust Challenge on 3/1/12

Seth W. Snyder
Section Leader
Argonne National Laboratory
www.anl.gov
seth@anl.gov

Mark Kriuchenia
Senior Tech Manager
UIC
kriuchen@uic.edu

David S. Lundy
President
Aileron
www.aileroninc.com
dlundy@aileroninc.com

Blake Walles
Owner/Partner
Bonsai Creative Group
www.bonsaicreativegroup.com
blake@bonsaicreativegroup.com

Micaela Whalen
Account Supervisor
INK PR
micaela@ink-pr.com

Mike Pomerantz
Advance Coordinator
City of Chicago
mike.pomerantz@cityofchicago.org

Belinda S. Y. Li
Citta
www.cittapartnership.com
belinda@cittapartnership.com

Thomas Wieser
VP
Pace Controls
www.pacecontrols.com
twieser@pacecontrols.com

Mark P. Borman
CFO
SheerWind
www.sheerwind.com
mborman@sheerwind.com

Matthew D. Christian
Assistant VP for Program Development
University of Chicago
mchristian@uchicago.edu

Christopher Coleman
CEO
MyHome EQ
www.myhomeeq.com
chris.coleman@myhomeeq.com

Amelia Swan Baxter
Co-Founder/VP
Whole Trees
www.wholetrees.com
ameliaswan@wholetrees.com

Andrew T. Perlman
Partner
GreatPoint
www.greatpointventures.com
andrew@greatpointventures.com

David Culver
CEO
Forward Momentum
www.forwardmomentumllc.com
david@forwardmomentumllc.com

Jeff Riley
President
Riley Public Affairs
www.rileypublicaffirs.com
jeff@rileypublicaffairs.com

Zbig Skiba
Skiba Consulting
www.skibaconsulting.com
zskiba@skibaconsulting.com

Nolan Orfield
CTO
ReGenerate
www.regenerate-usa.com
nolan@regenerate-usa.com

Bobby Levine
ReGenerate
www.regenerate-usa.com
bobby@regenerate-usa.com

Evan R. Johnson
The Harris School
evanrjohnson@uchicago.edu

Roger A. Walker
Armstrong Teasdale
rwalker@armstrongteasdale.com

Rodrigo E. Teixeira
Founder
Hyrax Energy
rodrigo.teixeira@hyraxenergy.com

Phil C. Bomrad
President
Clean Urban Energy
www.cleanurbanenergy.com
pbomrad@cleanurbanenergy.com

Sanford Wolgel
Food Industry Consultant
swolgel@aol.com

Mark Menarik
Business Development Manager
XG Sciences
www.xgsciences.com
m.menarik@xgsciences.com

Omar Farha
CSO
Numat Tech
www.numat-tech.com
omar@numat-tech.com

Mert Efe
Co-Founder
Convolutus
mefe@convolutus.com

John Kassebaum
Chairman/CTO
Algaeon
www.algaeon-inc.com
john.kassebaum@algaeon-inc.com

Elizabeth McCarthy
Assistant Director
McCormick
www.fcei.northwestern.edu
e-mccarthy@northwestern.edu

Jeff Henderson
Marketing Manager
Northwestern University
www.isen.northwestern.edu
jeffhenderson@northwestern.edu

J. Carter Williams
Managing Partner
carter@oiventures.com

Archie Gupta
Root3
www.root3tech.com
archie.gupta@root3tech.com

Jim Panehal
VP Development
WorldEnergy
www.worldenergyusa.com
jimpanehal@worldenergyusa.com

Alan Feinerman
Founder/CTO
Thermal Conservation
www.tensilevip.com
afeinerman@tensilevip.com

Edmund Miller
Environment Program Manager
TheJoyceFoundation
emiller@joycefdn.org

Vincent J. Cushing
Senior VP
Clean Urban Energy
www.cleanurbanenergy.com
vcushing@cleanurbanenergy.com

Beth Cushing
Director of Marketing
Clean Urban Energy
www.cleanurbanenergy.com
bcushing@cleanurbanenergy.com

Bruce Montgomery
Mentor
tatvshow@yahoo.com

Jay Marhoefer
CEO/Founder
Intelligent Generation
jay@intelgen.com

Karen Weigert
CSO
Office of the Mayor
karen@weigert@cityofchicago.org
______________________________
ILLINOIS OFFICIAL REPORTS
Appellate Court: Greer v. Advanced Equities, Inc., 2012 IL App (1st) 112458 and having read the decision, it comes down to this: If you invest based on written documents and you sign an agreement that states your decision is based on the written docs, you can't come back and say that you were told false things orally that contradicted the written materials -- now, it's all in legalese, but the court decided in favor of Advanced Equities

ILLINOIS OFFICIAL REPORTS
Appellate Court
Greer v. Advanced Equities, Inc., 2012 IL App (1st) 112458
Appellate Court
Caption
CARL C. GREER and THOMAS A. FLOYD, Plaintiffs-Appellees, v.
ADVANCED EQUITIES, INC., KEITH DAUBENSPECK, and
DWIGHT BADGER, Defendant-Appellant.
District & No. First District, Second Division
Docket No. 1-11-2458
Filed January 31, 2012
Held
(Note: This syllabus
constitutes no part of
the opinion of the court
but has been prepared
by the Reporter of
Decisions for the
convenience of the
reader.)
Where plaintiffs purchased stock through defendants and then filed an
action containing an allegation of common-law fraud based on
defendants’ alleged oral misrepresentations and defendants brought an
appeal pursuant to Supreme Court Rule 308, which presented the certified
question of whether a stock purchaser is barred as a matter of law from
pleading in a common-law fraud action that it relied on oral statements
when purchasing the stock if the purchaser signed a subscription
agreement containing a nonreliance clause stating that the purchaser is
not relying on any oral representation made in connection with the
purchase, the appellate court answered the certified question in the
affirmative.
Decision Under
Review
Appeal from the Circuit Court of Cook County, No. 2010-L-002913; the
Hon. Raymond W. Mitchell, Judge, presiding.
Judgment Certified question answered.
Counsel on
Appeal
John B. Simon, Howard S. Suskin, and Mark D. Sokol, all of Jenner &
Block LLP, of Chicago, for appellants.
Michael Dockterman, John A. Luburic, and Patrick C. Frye, all of
Edwards Wildman Palmer LLP, of Chicago, for appellees.
Panel JUSTICE CONNORS delivered the judgment of the court, with opinion.
Presiding Justice Quinn and Justice Harris concurred in the judgment and
opinion.
OPINION
¶ 1 This appeal presents the following certified question:
“Where a purchaser of securities contractually agrees through a non-reliance clause
that it is not relying on any oral representation made in connection with its purchase of
the securities, is the purchaser barred as a matter of law from thereafter pleading in an
action alleging common law fraud that it relied on oral statements when purchasing the
securities?”
Our answer is yes.
¶ 2 The facts of this case are straightforward. In 1999, plaintiffs bought shares of stock in
Pixelon, Inc., from defendants. Prior to the purchase, plaintiffs received a document called
a private placement memorandum (PPM) from defendants, which provided details about the
company and the proposed investment. Plaintiffs then signed a contract known as a
subscription agreement in order to consummate the stock purchase. The subscription
agreement contained the following clause, which is known as a “nonreliance” clause:
“In evaluating the suitability of an investment in [Pixelon], the undersigned [,i.e.,
plaintiffs], having been delivered a copy of the [PPM], acknowledges that he has relied
solely upon the [PPM], documents and materials submitted therewith, and independent
investigations made by the undersigned in making the decision to purchase the Shares
subscribed for herein, and acknowledges that no representations or agreements (oral or
written), other than those set forth in the [PPM], have been made to the undersigned with
respect thereto.”
¶ 3 According to plaintiffs, not long after they signed the subscription agreement they
allegedly discovered that certain material statements that defendants had made orally and in
writing about Pixelon were untrue. Plaintiffs eventually filed suit, first in federal court and
then, after that lawsuit was dismissed for reasons not relevant here, in the circuit court of
Cook County. In the circuit court, plaintiffs advanced several causes of action, but the only
one that is relevant to the certified question is common-law fraud based on defendant’s
-2-
alleged oral misrepresentations. Defendants moved to dismiss under section 2-619 of the
Code of Civil Procedure (735 ILCS 5/2-619 (West 2010)).
¶ 4 This being an appeal pursuant to Illinois Supreme Court Rule 308 (eff. Feb. 26, 2010),
we strictly limit our review to the certified question, which we consider de novo as a matter
of law. See Barbara’s Sales, Inc. v. Intel Corp., 227 Ill. 2d 45, 58 (2007). We accordingly
take no position on the merits of the underlying case. The narrow question at issue is the
legal effect of this kind of nonreliance clause on a common-law fraudulent oral
misrepresentation claim. Defendants argue that Illinois case law establishes a rule that
categorically bars a common-law fraudulent oral misrepresentation claim involving securities
whenever there is a nonreliance clause such as the one in this case. Plaintiffs, on the other
hand, argue that such a fraud claim is only barred when the alleged oral misrepresentation
contradicts another representation in the written instrument that contains the nonreliance
clause.1
¶ 5 At bottom, the certified question is about the meaning of one element of the common-law
tort of fraudulent misrepresentation. The elements of the tort are (1) a false statement of
material fact, (2) known or believed to be false by the person making it, (3) an intent to
induce the plaintiff to act, (4) action by the plaintiff in justifiable reliance on the truth of the
statement, and (5) damages caused by such reliance. See, e.g., Doe v. Dilling, 228 Ill. 2d 324,
342-43 (2008). At issue is the fourth element, and the legal question is this: can plaintiffs
claim to have justifiably relied on an oral representation while simultaneously disclaiming
such reliance in the nonreliance clause of the written subscription agreement?
¶ 6 We have previously considered this issue in three cases. In Adler v. William Blair & Co.,
271 Ill. App. 3d 117 (1995), the plaintiffs received a PPM that detailed the risk of the
proposed investment and then signed a subscription agreement that contained a warranty to
the effect that the plaintiffs “had read the PPM and made the decision to invest relying solely
on the information contained in the PPM and not in reliance on any other information.”
(Emphasis added.) Id. at 126. When the investment soured, the plaintiffs sued and alleged,
among other things, fraudulent oral misrepresentation. See id. We held as a matter of law that
the plaintiffs could not have justifiably relied on any of the alleged oral misrepresentations
because of the nonreliance clause in the subscription agreement. See id. at 126-27. Although
the plaintiffs claimed that clauses in the PPM and the subscription agreement that encouraged
plaintiffs to “ask questions” about and “verify the accuracy” of the PPM justified their
reliance on outside representations, we rejected this argument, noting that “[t]o accept the
plaintiffs’ contention is to hold the written agreement for naught.” Id. at 127.
¶ 7 We next discussed the Adler rule, as we will refer to this principle for ease of reference,
in Tirapelli v. Advanced Equities, Inc., 351 Ill. App. 3d 450 (2004). In that case, the plaintiffs
bought shares in a company from the defendants via a subscription document that contained
Plaintiffs actually use the majority of their 1 response brief on appeal to argue that we should
decline to answer the certified question. Given that plaintiffs unsuccessfully made this same
argument in opposition to defendants’ Rule 308 petition for leave to appeal, which we granted, we
will not revisit it here.
-3-
a nonreliance clause, which read: “In evaluating the suitability of an investment by the
undersigned Company, the undersigned has relied solely upon the materials made available
to the undersigned at the undersigned’s request and independent investigations made by the
undersigned in making the decision to purchase the Preferred Membership Interests
subscribed for herein, and acknowledges that no representations or warranties (oral or
written), have been made to the undersigned with respect thereto.” (Internal quotation marks
omitted.) Id. at 453. The subscription documents also contained an integration clause. See
id. When plaintiffs allegedly learned that some representations were false, they attempted to
rescind the transaction and, failing that, filed a lawsuit alleging, among other things,
common-law fraudulent oral misrepresentation. See id. at 453-54. In our opinion, we
discussed both Adler and the federal case Rissman v. Rissman, 213 F.3d 381 (7th Cir. 2000),
ultimately reaffirming Adler and holding that “[p]laintiffs’ reliance was unreasonable as a
matter of law” because the nonreliance clause disclaimed any reliance on the defendants’
representations. Tirapelli, 358 Ill. App. 3d at 458. This conclusion followed from the general
rule that, “[a]lthough normally a question of fact, a court can determine reasonable reliance
as a matter of law when no trier of fact could conclude that it was reasonable to rely on the
alleged statements or when only one conclusion can be drawn.” (Internal quotation marks
omitted.) Id. at 456.
¶ 8 We analyzed a similar situation in Benson v. Stafford, 407 Ill. App. 3d 902 (2010).
Revisiting Tirapelli, Rissman, and Adler, we considered whether the existence of a
nonreliance clause “automatically defeat[s] an allegation of justifiable reliance.” Id. at 922.
As in Adler and Tirapelli, we again found that the nonreliance clause was fatal to the
plaintiff’s fraud claim. See, e.g., id. at 927 (“[T]he fraud cannot occur, because the parties
have agreed that there was no reliance, a necessary element for fraud.” (Emphasis omitted.)).
We also came to two important conclusions. First, we reaffirmed the Adler rule and noted
that it was an “automatic rule precluding damages for fraud based on oral representations in
the presence of a nonreliance clause.” Id. at 924. Second, we distinguished the Adler rule
from the similar federal rule as discussed in Judge Rovner’s concurrence in Rissman, which
as we will see below has important consequences for plaintiffs’ arguments in this case. See
id. (comparing Rissman and Tirapelli).
¶ 9 Based on Benson, Tirapelli, and Adler, the law on this point seems quite clear: if a
purchaser signs an agreement containing a nonreliance clause that disclaims reliance on any
oral representations by the seller, then the purchaser cannot thereafter maintain a cause of
action for common-law fraudulent oral misrepresentation. This is a logical rule, given that
it is hardly justifiable for someone to rely on something that they have agreed not to rely on,
and without justifiable reliance there can be no fraud. Even so, plaintiffs make two
arguments that we will examine in order to clarify the scope of the Adler rule. Plaintiffs
assert that the Adler rule should not, in fact, be applied in all common-law fraudulent oral
misrepresentation cases in which a nonreliance clause exists. In plaintiffs’ view, the Adler
rule only bars claims that are based on oral misrepresentations that contradict written
representations such as those contained in the PPM. The scope of the rule matters for this
case because plaintiffs’ common-law fraudulent oral misrepresentation claim is based in
large part on defendants’ oral reiteration or confirmation of allegedly false written
-4-
representations that are contained in the PPM, which means that defendants’ alleged oral
misrepresentations do not contradict their written representations and plaintiffs’ claim would
therefore evade the Adler rule as plaintiffs interpret it. Plaintiffs base their argument on both
our precedent and federal law, which we will examine separately.
¶ 10 Regarding our own precedent, plaintiffs’ argument is essentially that Adler’s holding
depended on contradictions between the oral and written representations in that case.
Contrary to plaintiffs’ argument, however, our decision in Adler did not depend on any
contradiction between oral and written representations. Rather, the holding in Adler was
grounded in the irreconcilable contradiction between the existence of the nonreliance clause,
which disclaimed reliance on any information not contained in the PPM, and the plaintiffs’
claims that they had, in fact, relied on information outside of the PPM. See Adler, 271 Ill.
App. 3d at 126-27. Plaintiffs are therefore only partially correct: Adler’s holding did depend
on a contradiction, but it was not the same contradiction as the one that plaintiffs rely on for
their argument in this case.
¶ 11 Plaintiffs also cite Olczyk v. Cerion Technologies, Inc., 308 Ill. App. 3d 905, 913 (1999),
but their reliance is misplaced. Olczyk dealt in part with questions surrounding the
application of the “bespeaks caution” doctrine, which is a securities-related defense that
precludes an investor from justifiably relying on statements in a prospectus when those
statements are accompanied by warnings about events that could occur in the future and
affect the investment. See generally id. at 912-15. In that case, we summarily distinguished
Adler, merely noting in passing that Adler had little to do with the facts at issue in Olczyk.
See id. at 913. We did not analyze Adler or explain its rule further, so Olczyk has no impact
on the development of the Adler rule.
¶ 12 Even if we were to assume for purposes of argument that, as plaintiff would have it, the
Adler rule was originally limited to its facts, Tirapelli and Benson have since demonstrated
that the Adler rule applies even where there is no contradiction between oral and written
representations. In both Tirapelli and Benson there was no indication that such a
contradiction is necessary in order to apply the rule, and in fact Benson does not mention a
contradiction between the oral and written representations at all. See Benson, 407 Ill. App.
3d at 920-28. The key factor in all three cases is the existence of the nonreliance clause.
Plaintiffs argue that the existence of the clause should only form a single factor in a detailed
factual inquiry regarding justifiable reliance, citing Benson’s statement that “[o]ne factor that
courts have considered in analyzing justifiable reliance is the presence of a nonreliance
clause in a contract between the parties.” Id. at 922. Plaintiffs miss the lesson of the results
in Benson, Tirapelli, and Adler: while it is true that the existence of a nonreliance clause can
be a factor to consider in common-law fraud cases, such a clause is dispositive if it disclaims
reliance on oral representations and a plaintiff’s claim is premised on an oral
misrepresentation. We can certainly imagine circumstances in which a nonreliance clause
might not be dispositive, for example if the clause merely disclaimed reliance on written
representations but was silent as to oral representations. Yet such a scenario is not at issue
here, so that is a question for another case. As far as it is applied to oral representations and
the type of nonreliance clause at issue in this case, however, the rule of Adler and its progeny
are clear: if a nonreliance clause disclaims reliance on oral representations, then a plaintiff
-5-
may not claim justifiable reliance on them.
¶ 13 Alternatively, plaintiffs observe that the Adler rule was originally imported from federal
law, so they ask us to consider federal cases and reevaluate the scope of the rule. Plaintiffs
cite several federal district court cases in support, noting that federal courts only bar fraud
claims when they are based on conflicting oral and written representations. See, e.g., Reis
Robotics USA, Inc. v. Concept Industries, Inc., 462 F. Supp. 2d 897, 909 (N.D. Ill. 2006)
(noting that “the Seventh Circuit’s rejection of the fraud claim in Rissman was based, not on
the mere presence of the nonreliance clause, but on the presence of the nonreliance clause
in conjunction with a provision that clearly contradicted the plaintiff’s prior statement”).
¶ 14 There are two problems with this argument. First, as we mentioned above, Benson and
Tirapelli made clear that Illinois state law as expressed in the Adler rule is distinct from
federal treatment of the same issue. See Benson, 407 Ill. App. 3d at 924. Given that federal
interpretations of Illinois law are not binding on Illinois courts, we need not consider these
cases as anything other than persuasive authority. See City of Chicago v. Groffman, 68 Ill.
2d 112, 118 (1977) (“The general rule is that decisions of United States district and circuit
courts are not binding upon Illinois courts.”). This is particularly true given that plaintiffs
offer only trial court opinions in support of their position, all but one of which are
unpublished and were issued prior to 2007. By rule, the unpublished cases have no
precedential value. See Centerpoint Properties Trust v. Olde Prairie Block Owner, LLC, 398
Ill. App. 3d 388, 394 (2010) (citing Fed. R. App. P. 32.1 (eff. Dec. 1, 2006) (prohibiting
citation of unpublished federal cases issued before January 1, 2007)).
¶ 15 Second, the cases that plaintiffs rely on no longer accurately reflect the state of federal
law on this subject. In Extra Equipamentos E Exportacao Ltda. v. Case Corp., 541 F.3d 719,
726 (7th Cir. 2008), the Seventh Circuit explained the difference between the effect of a
nonreliance clause (which the court colorfully refers to as “ ‘big boy’ clauses (as in ‘we’re
big boys and can look after ourselves’)” (see id. at 724)) in actions for breach of contract and
tort actions for fraud. After finding that the nonreliance clause was enforceable as a matter
of contract law, the Seventh Circuit observed:
“And if it weren’t [contractually enforceable], that would not save the day for [the
plaintiff]. For its suit is a suit for fraud, and the significance of the no-reliance clause,
which does not depend on its enforceability in contract law, is that its language and the
circumstances of its negotiation render [the plaintiff’s] reliance on [the defendant’s]
supposed oral misrepresentations unreasonable as a matter of law. The principle behind
a no-reliance clause is, as this court explained in [Rissman, 213 F.3d at 384],
‘functionally the same as a doctrine long accepted in this circuit: that a person who has
received written disclosure of the truth may not claim to rely on contrary oral
falsehoods.’ ” (Emphasis added.) Id. at 726.
See also id. at 723 (“If reliance on the allegedly fraudulent statements *** is negated by the
no-reliance clause, [the plaintiff’s] fraud claim evaporates ***.”). It has always been
uncertain how strongly the Seventh Circuit adhered to Rissman’s caveat against blanket
application the Adler rule, given that the caveat originally appeared in a concurrence rather
than the majority opinion. See Rissman, 213 F.3d at 389 (Rovner, J., concurring). The upshot
of Extra Equipamentos is that the Seventh Circuit seems to have disavowed the position that
-6-
plaintiff advocates for and now appears to be in accord with Adler on the subject.
¶ 16 Taking all of the above discussion into account, we reaffirm our holdings in Benson,
Tirapelli, and Adler, and we answer the certified question in the affirmative. With that said,
we note that our answer is necessarily limited to the situation presented by the certified
question, that is, to a situation in which a purchaser of securities pursues a common-law
fraud claim based on alleged oral misrepresentations and there exists an applicable written
instrument that contains a nonreliance clause disclaiming reliance on oral misrepresentations.
We express no opinion on any other scenario. See Barbara’s Sales, 227 Ill. 2d at 58.
¶ 17 Certified question answered.
-7-
___________________________________
END OF REPORT.