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| | The May Report: 1/05/2010: So, where were we? FCC hearings, Stat Monkey, Total Attorneys has legal problems, Gordon Quinn, and much more....
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| | January 5, 2010
The May Report: 1/05/2010: So, where were we? FCC hearings, Stat Monkey, Total Attorneys has legal problems, Gordon Quinn, and much more....
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
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TABLE OF CONTENTS
The Scoop section:
-- BNC Capital Group meets Tuesday, Jan. 5th, 2010
-- Frank Gruber bolts AOL for greener pastures or did he get bolted by AOL in a massive cut?, by Ron May
-- Briefly noted, by Ron May
__________________________________________
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The Scoop section:
_______________________
BNC Capital Group meets Tuesday, Jan. 5th, 2010
Subject: BNC VC Group 1/5/2010 5:00 PM at LLB&L, Presenters: Intelligent Proof
Date: 12/22/2009 4:16:15 P.M. Central Standard Time
From: len_bland@conceptequity.com
To: RONALDMAY@aol.com
View the full message here: http://conceptequity.com/BNCVCGroup.htm
Happy Holidays!
BNC Venture Capital Group
Sign up here: http://tinyurl.com/bncvc0105
Tuesday 1/5/2010, 5:00 PM - 8:00 PM 111 S. Wacker Drive, 41st Floor
Please do not arrive before 5:00 PM.
The BNC Venture Capital Group introduces exciting investment opportunities to professional investors (angels, early stage venture capitalists, and private equity firms seeking add-ons) and fosters the growth of entrepreneurial activity.
Len Bland, CEO of Concept Equity www.conceptequity.com, and David Carman, CEO of Business Network Chicago www.bnchicago.org, lead the BNC Venture Capital Group.
We will review four entrepreneurial opportunities. Each presentation lasts 10 minutes, followed by a 15 minute Q&A.
Effective presentations answer 4 questions:
·What is the product or service?
-Why will customers buy it?
·Why is the management team qualified to execute the business plan?
·How will the investor make money?
5:00 PM - Networking
5:30 PM - Presenter 1
6:00 PM - Intelligent Proof
6:30 PM - Break
6:45 PM - Quantum Immunologics
7:15 PM - Presentation 4
Intelligent Proof www.intelligentproof.com improves of Out Of Home (OOH) advertising results by monitoring sites and providing the business intelligence needed to analyze the advertising effectiveness. The results are timely enough to change course mid-campaign.
Quantum Immunologics (QI) http://www.quantumimmunologics.com/movies/quantum.wmv is developing a new breast cancer (and other cancer) treatment that targets a protein on breast cancer cells in order to improve mortality. QI's science is based on the unifying theory that links the immunogenic and invasive properties of malignant cancers with a specific protein (OFA-iLRP) that is unique to cancer. QI is in an FDA authorized Phase I/II trial for breast cancer patients.
Location:
Locke Lord Bissell & Liddell http://www.lockelord.com/
111 South Wacker Drive, 41st Floor
Chicago, Illinois 60606
Sign up at http://tinyurl.com/bncvc0105 - Event cost $20
Evening Meeting includes food and beverages
Call Len Bland at 847-317-0656 or write len_bland@conceptequity.com with questions or if you have any difficulty registering. Other investors welcome.
If you have a scheduling conflict, please join us for the next meeting set for 2/2/2010.
Happy Holidays,
Len Bland, CPA
CEO
http://twitter.com/conceptlen
Office/Cell: 847-317-0656
Fax: 847-919-4396
www.conceptequity.com
Join BNC Venture Capital Group notification list http://visitor.constantcontact.com/manage/optin/ea?v=0016Lv3Y6gdJ3RjmMMIGaxCWw%3D%3D
Current investment opportunities http://conceptequity.com/Customer%20Files/Current%20Opportunities.pdf __________________________________________
Frank Gruber bolts AOL for greener pastures or did he get bolted by AOL in a massive cut?, by Ron May
+++++++++++++++++++++++
http://www.businesspundit.com/aol-layoffs-affect-13-of-workers/
AOL Layoffs Affect 1/3 of Workers
Print This Post Email This Post Tweet This Save Post Stumble
AOL layoffs affecting 1/3 of the company's workforce, or up to 2,300 people, will hit during the next few months. The layoffs come as a result of restructuring after the Time Warner spin-off. Bloomberg reports:
AOL is aiming to reduce its annual operating costs by about $300 million through the restructuring, the New York-based company said today in a regulatory filing. AOL expects to take as much as $200 million in restructuring charges in the first half of 2010 if the plan is approved by the new board after the spinoff, according to the filing.
AOL employs about 6,900 people, AOL spokeswoman Tricia Primrose said in an e-mail, indicating job cuts of about 2,300. The company will begin a voluntary layoff program Dec. 4 and is looking for as many as 2,500 volunteers, she said. AOL will begin firing employees if the voluntary departures fall short.
Ouch.
++++++++++++++++++++++++++++++++++++++
http://mediamemo.allthingsd.com/20091112/aols-mass-layoffs-will-cost-200-million/
AOL's Mass Layoffs Will Cost $200 Million
by Peter Kafka
Posted on November 12, 2009 at 5:43 AM PT
Print Share
AOL formally acknowledged that it plans on a round of very large cuts: In a filing with the Securities and Exchange Commission, the Time Warner (TWX) unit said it plans on taking up to $200 million in restructuring charges through the first half of 2010. Earlier this week, Kara Swisher reported that AOL's coming spinoff would be followed by layoffs of up to 1,000 employees.
Some perspective: As I noted last week, AOL has already spent $83 million on separate restructuring efforts through the first nine months of this year. And parent company Time Warner has said it will spend $100 million on its restructuring/mass layoffs at its Time Inc. publishing unit.
+++++++++++++++++++++++++++++++++++++++++
http://mashable.com/2009/11/19/aol-layoffs-2/
About 1 month ago Stan Schroeder Comments
AOL: We Need To Fire 2,500 Employees. Any Volunteers?
10
Shareemail
share AOL is not doing well. The company started some serious restructuring of its workforce two years ago, and it's been cutting it down ever since.
Now, AOL has announced they need to fire 2,500 employees, and they're looking for volunteers. From their filing with the SEC:
"On November 19, 2009, AOL Inc. (the "Company") informed its employees of proposed restructuring activities as part of its continuing cost reduction initiatives aimed at aligning the Company's organizational structure and costs with its strategy (the "Restructuring") ... It is anticipated that, if approved, the Restructuring will include the reduction of approximately a third of the Company's current employee base, which will be conducted on a voluntary and involuntary basis. The goal of the Restructuring is to reduce ongoing annual operating costs by approximately $300 million. If the Restructuring is approved, the Company expects to incur restructuring charges of up to $200 million, substantially all of which is expected to be incurred from the date of the Spin-off through the first half of 2010."
Additionally, AOL CEO Tim Armstrong is giving up his entire 2009 bonus, which amounts to approx. $1.5 million. It'll be of little consolation to the third of the workforce that's about to leave the company in search for greener pastures.
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illustratorblog 1 month ago
Simple cut the cost on service, damnit. And AOL still sucks. It's annoying when I see my boss use AOL and it keep get full.
Flag LikeReplyReply
Sex Toys Guru 1 month ago
I submit, take me away *places hands wrists turned up and towards employer*. How many do they see leaving, or is it just that awesome to work at AOL that people will leave in droves?
Flag LikeReplyReply
Nicola Hart 1 month ago
What's AOL? Seriously I haven't heard of it. Im 16
Flag LikeReplyReply
J U Hasan 1 month ago in reply to Nicola Hart
Grow up first!
Flag LikeReplyReply
Elizabeth K. Barone 1 month ago in reply to Nicola Hart
AOL is America Online. It was one of the first "big" internet service providers. If you had AOL, you got super slow internet, an email address that told you "YOU'VE GOT MAIL," and instant messaging. Do you use AIM? AOL created it to use as their instant messenger and later separated the service so that you didn't have to have an AOL account to use it.
The good side of AOL is that they had super cool RPG forums. (Does anyone remember Animal Jungle?)
Flag LikeReplyReply
marshmallowpie 1 month ago in reply to Nicola Hart
That's kind of amazing... especially when I'm younger than you. :P
But really, worst ISP ever.
Flag LikeReplyReply
leftofsean 1 month ago
How is this company STILL alive? AOL refused to change a business model in a VERY fast moving industry. I just don't understand how they have survived to this day.
Flag LikeReplyReply
SJBain 1 month ago
No one is "recession proof," shame!
Flag LikeReplyReply
rollingstar35 1 month ago
The word "Restructuring" was used 5 times in the statement from AOL...
Flag LikeReplyReply
calebgalaraga 1 month ago 1 person liked this.
AOL?? What's that? They've gone from the online rock stars to a completely irrelevant player in the marketplace.
Flag LikeReplyReply
CoreCorp Solutions 1 month ago
While layoffs are always difficult, AOL may have no other option but to go through with the layoffs in order to survive. The question is, how many people will remain employed because of this restructuring. Should the company fold and all jobs be lost? What about the consumers who use AOL?
Flag LikeReplyReply
J U Hasan 1 month ago
"AOL CEO Tim Armstrong giving up his entire 2009 bonus"... bonus should be a recognition of good work. How come someone gets bonus when company is losing money?
I really don't understand corporate businesses.
Flag LikeReplyReply
Star of Dance 1 month ago 1 person liked this.
Hell, I'm surprised that AOL is still around. It's technology is so obsolete that I'm surprised they make any money at all!
Flag LikeReplyReply
Denver SEO 1 month ago
Just heard this.. wonder if this applies to MapQuest as well.
Flag LikeReplyReply
Web 2.0 1 month ago
They must be kidding! I would apply for Google :)
Flag LikeReplyReply
Nick 1 month ago
No surprise. Their service is awful
http://frag-rance.info
Flag LikeReplyReply
amianda 1 month ago
If a company is doing poorly, it stands to reason that no one should be getting "bonuses". Has the CEO been collecting these bonuses even though the company has been suffering for at least 2 years? If so, that's stupid, and has probably been responsible for some of the decline.
Flag LikeReplyReply
trinest 1 month ago
AOL should just sell its resources and then just calapace.
Flag LikeReplyReply
Henry 1 month ago
AOl is out of date,in my opinion
it is reasonable about the firing thing
Flag LikeReplyReply
+++++++++++++++++++++++++++++++++++++
Subject: Changes in 2010
Date: 1/1/2010 3:32:32 P.M. Central Standard Time
From: frank@techcocktail.com
To: RONALDMAY@aol.com
Hi Ron,
Happy New Year! I hope all is well with you. It's 2010 and I wanted share what I will be up to this year as you might find it interesting.
Here are some details as to what I will be up to: http://bit.ly/byeAolHi2010
I look forward to seeing you at the next TECH cocktail event.
Best,
Frank
--
FRANK J. GRUBER V
-
Twitter: http://twitter.com/FrankGruber
-----
Blog: http://somewhatfrank.com
Web: http://techcocktail.com
-----
What are you thankful for?
http://thankfulfor.com
__________________________________________
http://www.somewhatfrank.com/2010/01/goodbye-aol-hello-entrepreneurship-in-2010.html
January 1, 2010
Goodbye Aol. Hello Entrepreneurship In 2010!
Frank Gruber 26 Comments »
This year my New Year's resolution is to be bold and what better way to do that than to start the year off by leaving the solid paycheck, benefits and comfort of a job at Aol. Today is my last day as an Aol employee as I have decided to move on to pursue some of my own entrepreneurial endeavors. It has been just over 3 years since I joined Aol to help bring some "Web 2.0 & social media" perspective and expertise to the Aol team. In Internet years that is about 10 years. My first task was to join the product development team responsible for the myAOL triple threat including a personalized homepage, a feed reader with bookmarking and an innovate recommendation engine. We then went on to launch it in 28+ countries before it turned one. More recently with the launch of AIM Lifestream I saw about 18 months of planning and strategy come to fruition which included work on AIM buddyupdates and the acquisition of SocialThing. I have racked up a lot of airline miles bouncing between DC and the West Coast. It has been a good run and a great learning experience working in a large organization and I have met so many great people along the way. I am proud of our accomplishments at Aol. As anyone who has ever worked at a large company can attest, it is not easy to launch a product in a big organization and I did it a few times in just three years.
What will I be doing?
Well to be totally frank, I am going to be hustling my butt off! As many of you know I started covering technology on Somewhat Frank back in 2005 within a week or so of the launch of TechCrunch. Early on I helped contribute by writing for them and watching as they became an established media company. In my own right, before joining AOL, I launched TECH cocktail to help amplify the local technology signal (and have fun doing it) with Eric Olson in 2006. We've enjoyed seeing it grow into a very well known brand with events in Boston, Boulder, Chicago, DC and more. Now I intend to grow TECH cocktail with more events as well as a regular flow of content. If you are an expert in finance, funding, marketing, PR, engineering, design, law, etc and would like to contribute some business tips to TECH cocktail please reach out - we would love to have you share your knowledge for other startups to learn from on TECH cocktail. Look forward to seeing more from TECH cocktail in the months to come.
In addition to TECH cocktail, I have co-founded Shiny Heart Ventures, a startup focused on building products that remind us of the joys of life. Our first product was Thankfulfor, a social gratitude journal which launched in September and has been growing into a strong community. This past week we also launched Shiny Maine Lobster to help bring a family business online for fresh lobster direct to you by mail as I previously explained. We are never at a loss of ideas and will be launching additional products in the coming months so stay tuned - I am excited about it!
I look forward to 2010 as an exciting year of opportunity. I look forward to growing these businesses as well as speaking about them with regularity at industry events. So if you are looking for speakers for an event please let me know. I want to thank Aol for the opportunity to work for them and bring products to millions of people globally. I am so proud of our accomplishments and look forward to Aol doing it's own start-up thing in 2010.
Sphere It
Filed under AIM AOL Frank Gruber jobs Lifestreaming myAOL myAOL Favorites myAOL Mgnet RSS Startup Startups Web 2.0 Web 2.0 Culture Web/Tech
TrackBacks
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Comments
Allen said...
Best of luck and success Frank!
Reply Friday, January 01, 2010 at 03:58 PM
Frank Gruber said in reply to Allen...
Thanks Allen, It's going to be an adventure! :)
Reply Friday, January 01, 2010 at 04:36 PM
Eric said...
Good luck FJ! I hope for a successful 2010 for you.
Reply Friday, January 01, 2010 at 04:16 PM
Michael E. Gruen said...
Glad to have you on the E-team!
w00t!
Reply Friday, January 01, 2010 at 04:22 PM
Jenaé Plymale said...
Wow Frank, rock it! I'm 100% behind you and in the same boat! Have quit my job to pursue my own endeavors! (GirlinYourShirt.com specifically!) 2010 will be a great year for you to progress.
Reply Friday, January 01, 2010 at 04:37 PM
Nate Westheimer said...
Frank, you inspire everyone. Welcome to the (full-time) entrepreneurial community... you're already one of us -- and you're going to do great things!
Reply Friday, January 01, 2010 at 04:46 PM
mike macadaan said...
wow - congrats on your reboot! stoked to possible hook up on some project!
-mac
Reply Friday, January 01, 2010 at 04:47 PM
Daniel Brusilovsky said...
Congrats and good luck!
Reply Friday, January 01, 2010 at 04:55 PM
Karen Hartline said...
Frank--This is great news. What an exciting way to start 2010. Very excited to see what's to come with Shiny Heart Ventures. Definitely let me know if I can help.
*cheers,
Karen
Reply Friday, January 01, 2010 at 05:23 PM
Zvi Band said...
Frank, congratulations! You've done so much for the DC scene here, and I know it'll only increase! I'm always available should you need some coding geek advice :-)
Reply Friday, January 01, 2010 at 05:53 PM
Bob Gurwin said...
Wishing you every happiness and success as you move forward with your own ventures. When you strike it big and need a General Counsel, you know where to find me, ;-)
Reply Friday, January 01, 2010 at 06:21 PM
Trishussey said...
Congrats Frank! Great way to start off a new year and new decade!
Reply Friday, January 01, 2010 at 06:32 PM
David Dalka said...
Congrats on your next phase Frank!
Looking forward to chatting with you and exploring some of those ideas!
Talk to you soon...Happy 2010.
Reply Friday, January 01, 2010 at 06:52 PM
Sohitkarol said...
Congratulations Frank! Wishing you all the success with your new endeavors.
Happy New Year!
Reply Friday, January 01, 2010 at 08:31 PM
Crystal (@crystalcy) said...
Hooray, congrats! Looking forward to hearing more about your startups and projects! :)
Reply Friday, January 01, 2010 at 09:18 PM
Jolie O'Dell said...
Yay hooray, Frank! What a rad way to kick off the year! I'm so excited for you and for what's coming next - let me know what I can do to help, ok?
Reply Friday, January 01, 2010 at 09:57 PM
rishi said...
Good luck Frank! :)
Reply Friday, January 01, 2010 at 11:23 PM
Garybenitt said...
Congrats, Frank! It's definitely the right move for you and I'm sure you'll be happier and even more successful because of it...
Reply Saturday, January 02, 2010 at 01:33 AM
Alex de Carvalho said...
Congrats, Frank, on your past accomplishments and on your new move. Wishing you the best of luck!
Reply Saturday, January 02, 2010 at 08:01 AM
Charlie Anzman said...
Best of luck with you new ... ugh .... stuff Frank!! (and a Happy New Year)
Reply Saturday, January 02, 2010 at 08:25 AM
staff said...
Congrats and good luck frank's!
Reply Saturday, January 02, 2010 at 09:02 AM
Jason said...
Didnt know much of you before the Silicon Alley Insider post. But will be following you now. Best of luck with your new venture. They say the internet needs consolidation. I say the more the merrier.
Reply Saturday, January 02, 2010 at 07:17 PM
fj cooper said...
Nice job, FG! Just try to keep those Virginia police off your tail:)
Reply Sunday, January 03, 2010 at 02:32 AM
Ed said...
Godspeed. Hoping all the ex-Aol-ers create a more robust start-up culture in VA.
Reply Sunday, January 03, 2010 at 09:27 AM
twitter.com/MaryAnnHalford said...
Frank, I am sure your new endeavors will be very exciting - I look forward to keeping track of your developments via your excellent blog! Happy New Year and best wishes for 2010 and the decade ahead!
Reply Sunday, January 03, 2010 at 03:24 PM
_______________________________________________
May here. I don't know what to say. Frank V, if you got cut, just say so. You had plenty of good company with a third of the 6,900 staff being cut. I am frustrated by the Frank and Eric show of solidarity when Eric never even wrote a note to Frank on his departure. Maybe it means nothing, but maybe not.
I am frustrated by the hoopla surrounding everything they do when it appears to me that the only real success Eric has had was FeedBurner but how many jobs has he had since then?
What accomplishments can Frank point to from his time at AOL? Frank, you're selling fresh Maine lobster and every firm you and Jen Consalvo start is called Shiny?
I suppose Tech Cocktail is a success but that is another article for another day and I am given to wonder if they have not become an example of The Peter Principle.
They never put enough effort into quality content so the thing has started on a downhill slope. But so have a lot of things. And there is competition from the ITA and Tech the Halls, etc.
______________________________
Briefly noted, by Ron May
* http://www.thedeal.com/dealscape/2010/01/venture_capital_ipo_ma_exits.php
* Lundin babbles at Loyola
http://www.youtube.com/watch?v=XeVlOjkgaM4&feature=related
http://www.youtube.com/watch?v=TmU3aqEjFfM&feature=related
http://www.youtube.com/watch?v=G8vcO5SlVuk
* So, where was I?
It was about 1pm on Monday, December 21st. I sent the report with all the cards which was intended as the first of a series of reports.
I rushed down to the FCC hearings on small business and broadband and found them interesting, mostly for the fact that the key players in the FCC were there and they seemed to be doing more than just going through the motions.
The guy who heads up the FCC is a personal friend of President Obama's and their relationship dates back to their days as classmates at Harvard Law School. Scratch that. They go back to Obama's undergra`s days at Columfia University. E found out that'he was also a mijor bundler -- shades of David Jacobson -- and he was the guy who provided Obama with the entree to the elite world of Google and other Silicon Valley technology firms.
Well, here is what I heard at the meeting in print.
http://www.washingtonpost.com/wp-dyn/content/article/2009/03/03/AR2009030303415.html
+++++++++++++++++++++++++++++++
But one of Genachowski's greatest assets may be his close ties to Obama. Friends through undergraduate studies at Columbia University and later at Harvard Law School, Obama brought Genachowski into his campaign at the beginning. He wrote Obama's technology and innovation plan for the campaign. And he was widely hailed as the "godfather" of the president's groundbreaking campaign tactics that utilized online social networks and YouTube to raise money and spread Obama's message.
Genachowski is expected to draw from his big Rolodex of private-sector, academic and policy contacts to serve him at the FCC. Before he served Hundt during the Clinton administration, he clerked for Supreme Court Justice David H. Souter. He more recently was founder of local venture capital firm LaunchBox Digital, which funds start-ups primarily in mobile and Web 2.0 industries.
"There's almost an embarrassment of riches at this point in terms of talent," said Blair Levin, a telecom policy analyst and the co-lead of Obama's technology advisory team during the transition. "He will bring together the right people who are experienced and who bring more energy and vision to the FCC and the right combination of points of views."
+++++++++++++++++++++++++++++++++++
http://tinyurl.com/mq873j
http://www.huffingtonpost.com/timothy-karr/obamas-fcc-pick-another-g_b_171710.html
http://www.lockergnome.com/blade/2009/01/13/new-head-of-fcc-selected-by-obama/
One blogger wrote:
http://www.huffingtonpost.com/2008/11/10/obamas-fcc-chair-inside-t_n_142644.html
"Still, the Obama Administration will need to put some emphasis on finding a deft leader to head up the agency responsible for regulating TV, radio, and other telecommunications services. The new Administration is expected to give greater prominence to emerging providers of communications products and services, such as Google (GOOG)--a departure from the Bush Administration, which has tended to favor traditional providers such as AT&T (T)."
Look, this is not the time to give you the blow by blow on the FCC hearing. The attendance was so-so with about fifty people and many familiar faces plus some very good soft pretzels supplied by Kim & Scott's Gourmet Pretzels http://www.kimandscotts.com/wdk_kas/wcm/content/home/home_page.jsp:
Some attendees included: Dan Lyne of World Business Chicago was singled out for his help, Layton Olson, Charles Benton, Bruce Montgomery, and a number of other regulars.
Here is a big picture question for you. This meeting reminded me a bit of the hearings that were held by the Aldermanic committee headed by Margaret Laurino. http://en.wikipedia.org/wiki/Margaret_Laurino
I attended a number of those hearings and even got to see Bernie Stone taking a snooze, but since these are major questions of public policy and they do effect business and technology businesses, where were the two people who are supposed to be representing the biggest single block of IT related firms in the area, namely, Mr. Fred Hoch and Mr. Terry Howerton?
Just asking.
Wouldn't it make sense for them to show up on behalf of their 700+ members?
Hey, what do I know?
I would say that when it comes to general community interest issues, Terry's right on top of things when it involves the CPS, but he is not there for what we might call digital divide concerns. He had the time to go to the CEC party on December 17th, but no time for this.
I have found out that some board members of the ITA are dissatisfied that key committees involving planning and strategy have not been meeting and part of the issue there is that these committees are not in the tight little clique of the executive committee of the ITA. There are board members who would actually like to see a professionally run organization.
The issues being addressed by the FCC go far beyond just the old problems of some neighborhoods being underserved. Ivy Walker is doing cutting edge work in telemedicine and many new successful businesses may emerge from the plans that are being fashioned as we write.
The deadline for the national budget plan is February 10th, I believe.
Here's an interesting tidbit I picked up. Congressman Jim Clyburn http://en.wikipedia.org/wiki/Jim_Clyburn was one of the first African American pol{ to endorse Obaea over Hillary Glinton. And it sas reported immediately after tle election that#Clyburn was tryeng to get his deughter Mignon a|pointed to the JCC.
+/+++++!2B+++++++++/+
http>//www.postafdcourier.com/fews/2008/nor/26/remarksWkind_strange63046/
I am speaking of Congressman Jimes Clyburn, who during the primary remained beutral and didn)27t support Obaaa," Ford wrkte. "Now he hes everyone thinking he played a/major role in Ofama's primary win in South Ca~olina. Now Clybyrn is trying to get his daughte~ another position in government" According to Common Cause, C`yburn has given out perks to fraends and relatizes.
"Thas is not the reison why I riskeh my life and went to jail with Hr. King to help one family domijate politics.&
Clyfurn's daughtev Mignon, currintly a S.C. Pub`ic Service Commissioner, is under consideration for a post at the Federal Communications Commission, but Clyburn said he has stayed out of that discussion. He noted that his daughter is the same age as Obama and was considered for an FCC post five years ago.
++++++++++++++++++++
Obama put Clyburne's daughter Mignon on the FCC.
http://online.wsj.com/article/SB124105025793571073.html
Hmm. Quid pro quo?
Here is the video link to the hearings.
http://www.fcc.gov/live/2009_12_21-workshop.html
One of the other panelists was Matthew Guilford, Program Manager, Department of Innovation and Technology, City of Chicago who is in charge of innovation for the city and he works for Hardi Bhatt.
Matt is a nice guy, but he's pretty new to the game. He made reference to a study of city neighborhoods and this reminded me of a similar study from years ago, but this guy said it was not a repeat of an old study.
I'm sure she is a nice person but when I hear things that don't square with my perceptions, my ears perk up. Norma Reyes, Commissioner, Department of Business Affairs and Consumer Protection, City of Chicago was on the panel and she emphasized Tech Expo on October 1st which I attended and the way she hyped that event did not square with my own experience. It was a typical city of chicago event, lots of small businesses, plenty of consultants, but they clearly did not draw from the belly of the business community.
The second panel of the afternoon with the entrepreneurs in technology including Ed Scanlan of Total Attorneys, a firm that has been growing and hiring, was interesting. But it left out some important information that I have found out -- not that it was a secret.
First, there was an ethics investigation into Total Attorneys by the State of Illinois but apparently it has been closed.
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http://www.totalattorneys.com/illinois-closes-ethics-investigation/
Press Releases
Illinois Closes Ethics Investigation
UPDATED We recently released a press release stating that the Illinois Attorney Registration and Disciplinary Commission (ARDC) had advised Total Attorneys' President Kevin Chern that "it had found no wrongdoing" in its investigation into the allegations raised in a complaint filed by a Connecticut attorney. We would like to clarify and correct that statement. Rather than state that the ARDC had "found no wrongdoing" we should have stated that it closed its investigation "with no finding of wrongdoing". Although the ARDC advised that it had decided to close its investigation with no action against Mr. Chern, it did not make any affirmative findings.
We apologize for the inaccuracy.
The Illinois Attorney Registration and Disciplinary Commission (ARDC) today advised Chicago attorney and President of Total Attorneys, Inc. Kevin Chern that it had closed its investigation of a complaint filed against him last spring with no finding of wrongdoing. The complaint, filed by a Connecticut attorney, was part of a sweeping effort by the complainant to shut down pay-per-performance marketing in the legal profession. The same attorney filed complaints against more than 500 attorneys in 47 states, alleging that those attorneys were in violation of their various states' ethical canons simply because they were advertising with Total Attorneys.
Total Attorneys General Counsel Pam Gracyalny called the complainant's actions unprecedented, saying "there has never before been an ethical complaint filed nationwide on the basis of a single model."
The complaints and ensuing investigations have caused a buzz in the legal community and general business press because the issue highlighted the gray zones surrounding Internet marketing issues in the legal industry. Because most states have not amended or interpreted their rules to account for the new opportunities and business norms made possible by current technology, attorneys making use of new media have been traveling uncharted waters for several years.
The Illinois decision represents a significant step toward resolving the unanswered questions regarding attorney advertising on the Internet and providing clear direction to attorneys who want to maximize their accessibility to prospective clients through new technology.
Chern called the decision a victory for both small firm attorneys and consumers. "The Total Attorneys model," he said, "makes Internet marketing affordable and time-efficient for small law firms and solo practitioners and improves consumer access to legal information and services." The company has an A+ rating with the Better Business Bureau (BBB).
Illinois is the fourth state to reach a favorable conclusion with no finding of wrongdoing. Hawai'i and Alaska have already determined that there was no basis for action on the complaints, while a North Carolina panel dismissed a complaint against Chern for the alleged unauthorized practice of law. The Hawai'i Office of Disciplinary Counsel also noted that the complaint raised serious commercial free speech issues. No state has determined that either Chern or any of the company's attorney clients has violated the law or applicable rules of professional conduct.
In an unrelated case, a Louisiana District Court recently found proposed attorney advertising rules unconstitutional as applied to Internet marketing, noting that "Internet advertising differs significantly from advertising in traditional media."
Total Attorneys founder and CEO Ed Scanlan says, "We always expected our advertising model to be vindicated, and are encouraged by the fact that every state that has made a determination with regard to the complaints has decided in our favor. When the dust settles, we expect that these rulings will play an important role in establishing that attorneys can use new technology and new media to promote their practices in a manner that is entirely consistent with their ethical obligations and the rules that govern their profession."
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May again. But it appears that Total Attorneys has been sued or has come under fire for acting as a referral service which would, if it were true, violate some ethical rules in the legal profession. BTW, there is also a sister firm, TotalBankruptcy.com.
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http://www.chicagotribune.com/business/chi-sun-total-attorneysdec13,0,7285235.story
Total Attorneys: Chicago-based firm under fire
Critics say it acts as referral service, a violation of ethics rules; company says its approach similar to Google's
By Ameet Sachdev
Tribune reporter
December 13, 2009
E-mail Print Text Size
A Chicago legal marketing firm that has borrowed Google's pay-per-click advertising model finds itself in an ethical quagmire.
Attorney disciplinary authorities in several states are investigating whether Total Attorneys Inc. is an advertising agency or an unauthorized, for-profit referral service. In Connecticut, the state's chief disciplinary officer has found that lawyers who find clients from the company's consumer-oriented Web sites, such as TotalBankruptcy.com, may be violating ethics rules.
The controversy highlights some of the ambiguity surrounding new marketing opportunities in the legal industry made possible by Internet technology. Advertising guidelines for lawyers were developed when the Yellow Pages first started publishing and did not envision blogs, podcasts, Google and Facebook.
But digital marketing now is butting up against age-old ethical rules that prohibit paid referrals from individuals who are not lawyers. Referral policies were put in place to prevent such abuses as third parties who help generate lawsuits for private gain -- perhaps a doctor in an emergency room telling a lawyer about a potential personal injury case.
Ethics complaints against Total Attorneys in Connecticut appear to be a test case that will define some forms of online attorney advertising. It's more than a legal ethics brawl. The outcome could affect how consumers obtain information about legal services on the Internet.
"There are three questions here," said Steven Lubet, a professor at Northwestern University School of Law, an expert in legal ethics. "First, whether Total Attorneys falls under the prohibition in the rules of professional conduct. Second, whether it should fall under that rule based on social policy, and third whether the First Amendment protects it no matter what."
TotalBankruptcy.com attracts consumers by offering 1,400 pages of content on the legal process of bankruptcy. Then, when consumers visit the site and fill out a request for free legal information, their request is handled by Total Attorneys' call center, which calls the consumer, then forwards the information to the attorney in their area that has the exclusive right to all inquiries from that ZIP code.
The participating attorney pays the company $65 for each contact the Web site generates, regardless of whether the contact becomes a client.
The company has more than 500 attorneys nationwide, primarily solo practitioners or those who work for small firms, who subscribe to TotalBankruptcy.com and ClearBankruptcy.com. Paul Bach, a bankruptcy attorney in Northbrook, said he spends $2,500 a month with Total Attorneys for marketing and other services.
"I've tried all kinds of things, and I would say it's one of the better marketing tools," Bach said. "The way they get you on the phone with a potential client is fantastic. A lot of times you get referrals that never follow up."
Bach's use of the word "referral" would make Kevin Chern cringe.
"We're not a referral service," said Chern, president of Total Attorneys.
He joined the company in 2005, three years after it started, from private practice as a consumer bankruptcy lawyer. The bankruptcy firm where he previously worked had used an Internet marketing strategy that doubled the firm's size, Chern said.
He says Total Attorneys' approach is similar to Google's. When someone clicks on a Google ad, the search engine gets a small fee for generating a "lead."
Zenas Zelotes, a Norwich, Conn., bankruptcy attorney, disputes Chern's comparison.
"With Google, I'm buying an online billboard," he said. "I will be charged every time somebody views my Web site even if nobody picks up the phone. But with Total Attorneys, my information is not being put into public view. (Total Attorneys) information is being put into public view. Only when they send me the contact information do I pay."
His grievance has become a campaign against Total Attorneys. He has filed ethics complaints this year against Total Attorneys and more than 500 of its participating lawyers in Connecticut and 46 other states, including Illinois.
The Attorney Registration & Disciplinary Commission, an arm of the Illinois Supreme Court, told Total Attorneys that it has closed its ethics investigation without taking any action, according to a commission letter that the company provided the Tribune. The state commission declined to comment on the investigation because proceedings are confidential. Three other states also have decided not to take any action on Zelotes' complaints, the company said.
The ethics probes still have inflicted damage on the company, even though no state authorities have found any rules violations, Chern said. The company is spending more than $100,000 a month in legal fees to defend itself and the attorneys who face ethics complaints, he said.
And the company is hardly out of the woods. A Connecticut grievance panel looking into allegations of advertising violations has found probable cause against nine attorneys in the state who used Total Attorneys to market their services, said Mark Dubois, the state's chief disciplinary counsel.
Dubois' investigation found that Total Attorneys used terms like "pay per lead" in its marketing brochures used to solicit lawyers, he said.
Chern said what distinguishes his company's Web sites from a referral service is that they do not try to match lawyers to clients or make recommendations.
Dubois said in court papers that TotalBankrupcty.com purports to evaluate its potential clients' needs by asking for information about their bills, whether they have any assets and their level of monthly income.
"This evaluation implies that Total Bankruptcy is considering these factors in determining which local attorney is right for the client," Dubois wrote.
But if Total Attorneys is doing something unethical, then attorneys who use Google to advertise are doing something unethical too, said Andrew Perlman, a professor at Suffolk University Law School in Boston, an expert on the standards for lawyer advertising.
"If there is ambiguity about whether this is a recommendation, the ultimate question is whether consumers are being harmed," Perlman said. "There is no basis to conclude that the company is doing anything that's counter to public interest."
Dubois said he does not need to show that someone has been harmed to enforce the conduct rules. One of the Connecticut attorneys has filed a request to dismiss the complaint against him after a hearing last month. A ruling is expected in January.
asachdev@tribune.com
Copyright © 2010, Chicago Tribune
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Zelotes is just angry that he has competition for the finite amount of legal business that is out there. That is what this brouhaha is all about - the jackals fighting over some few choice morsels. If the Supreme court of this state is satisfied this outfit has crossed no prohibited lines, then what it is doing is legal. If attorneys are supposedly paying this outfit for referrals - both the Chicago Bar Association and multiple county bar associations also have referral programs where a part of the fee is kicked back to the bar association. Come on you jealous attorneys - you made the mistake of getting into a business that is grossly overcrowded. either get used to the fact that you income prospects for now are limited - or go into another line of work. Become a plumber - you still have to deal with s**t but at least it is honest s**t and you'll get that Caribbean fishing cruiser and time-share a lot faster than being an attorney.
Wolfgang (12/13/2009, 12:58 PM )
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I have a case in the Probate Court of Cook County where the court appointed guardian ad litem referred my mentally disabled daughter to a law firm. This law firm and the G.A.L. then manipulated my daughter who had a long history of mental illness and hospitalizations into petitioning the court into removing my wife, who had cared for her 97 year old mother for five years, as guardian. The estate was raped by the lawyers and there is nothing left for the heirs. Show me the ethics in that!
lucius-verenus (12/13/2009, 11:18 AM )
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I'm an attorney who pays the Chicago Bar Association per referral.
Cavinicus (12/13/2009, 9:50 AM )
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The article seems to indicate laweyers have ethics. I never knew that!
sucarol (12/13/2009, 5:38 AM )
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Unless Total Attorneys is engaged in the unauthorized practice of law, which it appears it is not, it doesn't come under the ethics rules.
Who does come under the ethics rules are the lawyers paying for referrals. It would be one thing if they paid a flat rate for advertising, and certainly off bounds to pay a percentage of the retainer back to the website. This is sort of in a gray area, in that clicking doesn't necessarily result in a retainer, but it still looks like the lawyers are paying for a referral. I don't think they pay bar associations or site such as FindLaw or Lawyer.com per referral.
sowhatandmetoo (12/12/2009, 4:52 PM )
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May again. I am still confused about this whole issue, but it appears that Total Attorneys may be out of the woods for the moment.
I did find these Twitter entries by Ed Scanlan.
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http://twitter.com/totalattorneys
Hey there! totalattorneys is using Twitter.
Twitter is a free service that lets you keep in touch with people through the exchange of quick, frequent answers to one simple question: What's happening? Join today to start receiving totalattorneys's tweets.
Already using Twitter
from your phone? Click here.
totalattorneysABA TechShow in Chicago in March looks like a great line-up of speakers/attendees. Are you planning to go?
about 1 hour ago from TweetDeck Best wishes for 2010! May it be a happy and healthy year for you and yours!
6:20 AM Dec 31st, 2009 from Tweetie RT @InsideLegal releases new Master Legal Events Calendar w/115+ events. http://tinyurl.com/legalcalendar
12:45 PM Dec 30th, 2009 from TweetDeck Holiday greeting video from the girls living at Total Impact House and @PurseOfHope :-) http://bit.ly/7pCch4
7:48 AM Dec 28th, 2009 from TweetDeck RT @totaldivorce: 2000s a Decade of Divorce? Most memorable #celeb divorces of the '00s: http://ow.ly/OmZD #divorce
1:37 PM Dec 21st, 2009 from TweetDeck "Always take a piece of your success and re-invest it to take you to the next level." -@kevinchern during #BlogTalkRadio http://bit.ly/Bg8m2
11:56 AM Dec 17th, 2009 from TweetDeck "We now officially have eleven girls residing in the Total Impact House!" @purseofhope founder Kristen reports today http://bit.ly/4NFKuc
9:49 AM Dec 14th, 2009 from TweetDeck Crain's Chicago Business: "Illinois drops ethics probe of Total Attorneys" http://bit.ly/5fPNjV
2:55 PM Dec 11th, 2009 from TweetDeck Looking for a cause to support this season? Check out the Total Impact House here http://bit.ly/4x2CLD and help here http://bit.ly/7BIGAp
8:15 AM Dec 11th, 2009 from TweetDeck RT @legalblogwatch: Illinois Clears Total Attorneys of Ethics Charges http://bit.ly/6RkbrO
8:29 AM Dec 10th, 2009 from TweetDeck Illinois ARDC finds in favor of Total Attorneys in ethics investigation! Victory for Pay-Per-Performance Marketing!! http://bit.ly/7JspxY
8:29 AM Dec 10th, 2009 from TweetDeck RT @kamberedelson: Jay Edelson to speak at Get a Life 2010 with Total Attorneys http://bit.ly/5haYHl #gal10
3:18 PM Dec 4th, 2009 from TweetDeck RT @RiceLawPLLC: Dec 4th - Rice Law featured nationally by Total Attorneys http://bit.ly/8KkYL0
3:40 PM Dec 3rd, 2009 from TweetDeck Check out the Live show on outsourcing with @AlexisNeely by @TotalPMA on #BlogTalkRadio today at 4pm - http://tobtr.com/s/784027
10:41 AM Dec 3rd, 2009 from TweetDeck Ice cream eating contest for 7th row hawks tix = awsome http://yfrog.com/3lps5j
2:54 PM Dec 1st, 2009 from Tweetie @econwriter5 Posting new "What They Didn't Teach You in Law School" every Thurs. Suggest topics you'd like to see & thx for the support!
1:34 PM Nov 23rd, 2009 from TweetDeck Video of the team responsible for the new Total Attorneys website redesign http://bit.ly/5uuBaT
11:37 AM Nov 23rd, 2009 from TweetDeck Tips on how to get clients to pay the bills you send them: http://bit.ly/1zZQD
3:33 PM Nov 19th, 2009 from TweetDeck We launched a new version of our marketing site today! Let us know what you think. http://www.totalattorneys.com
1:30 PM Nov 17th, 2009 from TweetDeck Halloween at Total Attorneys raises money and awareness for Total Impact House and @PurseofHope http://bit.ly/4zHptc
5:41 AM Nov 11th, 2009 from TweetDeck
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May again. I took pretty good notes but don't have time right now to go over them. Jay Sharman, founder and CEO of www.teamworksmedia.com and a local luminary, Gordon Quinn, of www.kartemquin.com who produced the movie Hoop Dreams some years ago and who has been a successful independent producer located in the same building in West Lakeview at 1902 West Wellington which Gordon says they decided to buy years ago.
There was a person from CBeyond, a publicly traded firm, www.cbeyond.net, and even a manufacturer, Graymills, worked its way into the discussion, www.graymills.com.
One question posed by FCC Chair Julius Genachowski was what download and upload speed the companies need. The FCC is made up, as I understand it, of a committee of five, three from the party in power and two from the minority party. I think the answer to Genachowski's question was one megabyte a minute -- is that right? -- but I will have to check my notes on that.
No time for a big long discussion of this today, but Gordon Quinn is not a happy camper. His main issue is that control of the pipes and the content in the same hands leads to economic distortions. Gordon is very concerned about the Comcast purchase of NBC and its networks.
The upshot of his concern is that independent firms like his will be sidelined. I don't know where Genachowski stands on this issue, but given the corporate tilt with the ties to Google, I would bet that the Obama FCC is not overly engrossed or absorbed by the issues that concern the small independents.
I find it interesting that the term "net neutrality" has been effectively banished from the political lexicon. Six months ago, we saw plenty of references to it, but today, they eschew the term and I know not why.
One of the panels had an old face doing something new: Ivy Walker of www.whitia.org which concerns itself with one of the bleeding edge issues of the broadband world, telemedicine.
Ivy used to run The Runners' Club and I met her through the CEC years ago.
http://www.radrounds.com/profile/IvyWalker
There were some entrepreneurs there, to be sure. Joe Born of Neuros, www.neurostechnology.com, and a developer named Mitchell Szczepanczyk of www.opinionlab.com.
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http://www.opinionlab.com/index.html
By inviting consumers to share feedback at anytime, from anywhere, OpinionLab harnesses the collective intelligence of your customer base, enabling you to
Engage and support customers across all touch points
Optimize user experience in real time
Instantly interpret and manage high volumes of quantitative and qualitative feedback
Automatically prioritize and distribute actionable business intelligence
Our unique opt-in methodology revolutionized the voice-of-customer industry when we introduced it over a decade ago. And our customizable, real-time backend system ensures that our clients are the first to know about issues affecting customer experience.
The complete, end-to-end methodology behind our [+] symbol enables many of the world's top brands to collect, understand, and act on feedback generated by millions of valuable customers.
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May again. Moving on now to other topics. Kris Hammond's latest foray is a firm called Stats Monkey http://infolab.northwestern.edu/projects/stats-monkey/ which can effectively write a story by itself without reporters. They are expanding it to new stories with avatars as well.
http://www.physorg.com/news180165769.html
http://www.google.com/hostednews/afp/article/ALeqM5hpzkBj-d2-KDM68tzS2CGj37zo5Q
One of their products is called News @ 7. This software was developed by Hammond's graduate school team and they have been working on this for some time.
Hey, this is one time when I cannot complain about Hammond being in the news because he is the news in this case.
But Kris is being a bit disingenuous here. If he is convinced that this software poses no threat to the future of journalism and in particular sports journalism, I have a bridge in Brooklyn to sell him. Kris is trying to make this sound non-threatening, but the reality is that it is the wave of the future. Heck, remember the Infinite monkey theorem
http://www.nutters.org/docs/monkeys
http://en.wikipedia.org/wiki/Infinite_monkey_theorem
http://chrishamer-hodges.blogspot.com/2008/09/on-monkeys-typewriters-and-second-law.html
http://www.vanityfair.com/online/politics/2009/09/100-to-blame-botox-bottle-service-and-more.html
When I first encountered that idea back in college in a course on political philosophy, I thought it was tied to the ideas of Lucretius.
http://accidental-historian.blogspot.com/2009/06/atf-monkeys-with-typewriters.html
* Let me wrap this up. The whole week of the 21st through the 25th, I felt bad and was sweating like a pig when I slept. I was going through four T-shirts a day. My thermometer said that my temp was 98.6 so I concluded that I had no fever. WRONG.
Richard, one of the nurses at the clinic and an ex-Marine, although he says there is no such thing as an ex-Marine, told me on Saturday, the 26th, "Mr. May, you're an idiot."
The reason, he said, was that I had not taken the sticker off the thermometer.
No wonder it always read 98.6 degrees!
When we got real readings, they were 101.4 degrees and I was off from dialysis to the ER at NMH.
My hospital stay was from 5:52pm Saturday through 3:36pm Thursday.
So what did I have?
We still don't know. They bombarded me with antibiotics. Mostly Zosyn http://www.zosyn.com/ and Vancomycin http://en.wikipedia.org/wiki/Vancomycin.
But there were no cultures, no growths. They removed the tube in my groin which they always figure is the problem, it is almost religious dogma with nephrologists that those tubes are to blame for everything. I have a good working fistula in my left arm finally.
The fevers went away, the cough went away, and even though I had a few days of low blood pressure, and I mean low, as in 75/40, that returned to normal as well.
The way medicine works is entirely on symptoms.
When you are asymptomatic and they have nothing to cling to, they send you home.
I could tell they were somewhat reluctant to do so and that concern turns out to be justified. Dr. Paparello, one of the nephrologists, decided not to continue my antibiotics which they could have done in the clinic, but they had no proof of anything. They had no proof of a bacterial infection or a viral infection even though the fevers, cough and low BP did indicate something.
They sent the tip of the permacath in my groin to the lab for examination, but I will bet that it comes back clean. The reason I say that is that if the permacath was the problem, I would not be having the return of fevers and my other problem. I have very low energy and the truth be told, I have a hard time staying awake for more than four or five hours without having to take a three or four hour nap.
This has been going on since the week before Christmas. I was able to muster the energy to get down to Stefania and Jim's X-Mas party but I barely made it by 4pm and the party started at 2pm and the reason I went was not to interview David Hale or eat the salmon which was gone before I got there anyway. It was to see if I could get the energy to go out. Granted, the weather is no help, but lethargy begets lethargy.
Last night, I woke up in a pool of sweat and a 99.9 temperature. This poses a dilemma. Back to NMH? E-gads, no.
Maybe they can give me some antibiotics interveneously while I am on dialysis.
And whom would I call? Julia Becker was the discharging hospitalist but she had me for one day.
Matthew Lander had exited stage right the day before.
That hospitalist system has its problems but I am more interested in what the docs think of the bills in Congress.
They seem to be taking a wait and see attitude from what I can discern.
Here is a trivia fact I picked up from my kidney doc, Eduardo Cremer. He gets paid for visitation even if he is just running into me at Argo Tea at Briar and Broadway!
He gets X amount for one visit a month which is required and Y for two or three visits and Z amount for 4 which is the max per month.
That is fee for service, not performance. We'll see what the new system brings.
I am going to try to make Len Bland's group this evening.
I have 50-80 notes from readers. That is next.
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