Annie Dike
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Articles by Annie Dike
What to Read: Books or E-readers on Board?
Editor’s Note: Cruising sailors well know the joys of pulling into a marina or gathering space that dedicates a shelf or three to the nautical version of the lending library—even if that’s just a pile of books next to the laundry machines. It’s like beachcombing or treasure hunting, rooting through the titles. You just never know what you’ll find. But in these days of e-readers, one wonders how long the pulpy pleasure of the boatyard book swap will last?
Boats and Their People: A Very Beautiful (Ling Ling) Bond
Josh Fody and Jessie Wilde each came to their shared dream of living aboard full time from different places. Josh nurtured the notion of buying a boat and sailing south during his years aboard an aircraft carrier in the Navy. Jessie first tasted the idea when her grandfather built a trimaran in his backyard but suffered a stroke before he ever got to sail it. The idea grew when she met an artist who had lived on a boat for 28 years and raised her daughter on board.
Seamanship: Do You Know Your VHF Radio?
“Charles, are you OK?” A pause. “Charles?!” Although a stranger to us, the person’s panic was universal. Something’s wrong, said the look my partner, Phillip, and I shared before darting our eyes to the splashing in the water by the power cat next to us. “Is he? OK?” Phillip and I implored, as we watched one diver shake the shoulders of the other. His strangled shout answered our inquiry. “I NEED HELP!” the diver cried.
Seamanship: Do You Know Your VHF Radio?
“Charles, are you OK?” A pause. “Charles?!” Although a stranger to us, the person’s panic was universal. Something’s wrong, said the look my partner, Phillip, and I shared before darting our eyes to the splashing in the water by the power cat next to us. “Is he? OK?” Phillip and I implored, as we watched one diver shake the shoulders of the other. His strangled shout answered our inquiry. “I NEED HELP!” the diver cried.
Knowing When It's Time for a Bigger Boat
“Keep it simple, sailor,” was always our mantra. Aboard our 1985 Niagara 35, Plaintiff’s Rest, my partner, Phillip, and I didn’t have heat, AC, a hot-water heater, generator, watermaker or bow thruster, which meant we also didn’t have to absorb the costs and time required to maintain these kinds of complicated systems. Over the course of seven years, Plaintiff’s Rest’s simplicity also allowed us to learn her every nut, bolt and quirk, until we could fix pretty much any problem ourselves.
Trade Secret Law Evolution Podcast Episode 41: Preemption and the Risk of “Shotgun” Pleadings, and the Showing Required for Sealing Trade Secrets in Court Records [PODCAST]
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Cruising: BVI Passage
Baking at the helm, watching a newly arrived bird eyeing me suspiciously—as if this was his ship, and I was the one who’d just flown in—I knew I was unraveling. For two days now we’d been becalmed, sails flogging on the open Atlantic, and in a snap moment, I saw—all too clearly—how easily this could end with a flare gun to the face. As with so many of our triumphs and terrifying moments afloat, this one seemed to come with a theme song.
Know how: Reinforcing Engine Stringers
The author found herself in a tight spot after discovering one of her boat’s stringers had turned to mush If I were to ask, “What are the top five parts of the engine you want to be able to easily access?” How would you respond? Would it be the dipstick? The overflow coolant? I’d wager the raw water pump and its impeller would also make the list. Am I right?
Hurricane Prep: Jacks versus Slacks
Does anyone else ever get the feeling they’re being followed by hurricanes? It may be a bit of hubris, but it honestly seemed that way recently. First, in 2018, Hurricane Michael raged a mere 100 miles east of where our 1985 Niagara 35, Plaintiff’s Rest, was up on jacks in Pensacola, Florida. Then, in 2019, Hurricane Dorian chewed up everything in its path just 60 miles north of where we had her tied her up at a dock in the Bahamas, in “slacks,” as we now call it.
Know-how: Benefits of Installing a Composting Head
“You won’t be able to pee on a heel,” someone said. “You won’t have room to stow the coco peat,” said another. “I don’t know. That’s just gross,” said a third. These are just a few examples of the pushback my partner, Phillip, and I got when we announced on our blog we were planning on changing out the conventional head on our 1985 Niagara 35, Plaintiff’s Rest, to a composting one. Not surprisingly, many of these naysayers had never had a composting head of their own.
A Cruiser’s Wine Cellar
Wine cellar, here we come... I’m not going to lie. This all started with wine. I wanted (needed?) to find more space on the boat where we could stow the stuff, especially what we call “cruiser’s wine”—bagged wine, which is the tipple of choice on Plaintiff’s Rest. Thankfully, this fruitful endeavor ended with some new, creative storage in a space that had been completely unusable and offered us something any cruiser would kill for: a cruiser’s wine cellar! Go on.
Three Reasons to Buy a Boat in France
The harbor of La Rochelle is a gateway to the French sailing scene In 1968, nine men set off on the first solo nonstop sailing race around the world. Only one finished, while the Frenchman in front turned away from the finish line and kept sailing to “save his soul.” Just as Bernard Moitessier pursued his passion over the horizon, you should too.
Cruising: Memories Made by People You Meet
Steve greeted my boyfriend, Phillip, and me as soon as we tied Plaintiff’s Rest, our 1985 Niagara 35, up to his dock on one of the Berry Islands in the Bahamas. He was tall, cheerful and clad in a hodge-podge of clothes one might wear to paint a house: oversized, grungy and old. His shoes were duct-taped together. His hat was dirty and crooked.
Know how: Fixing a Loose Rudder
Brandon (left) and Phillip re-install the rudder toward the end of the project Can you list the things you never want to see on a boat? A fire, perhaps? Windows shattering from lightning, water spewing from…anywhere? I can now add one more to my list: movement in the rudder post.
A Rodeo Ride to the Bahamas
The author grips the reins as Plaintiff’s Rest rises to a following sea It’s like riding a bronco with a fire hose spraying in your face: four unrelenting knots of current pushing you into 4 to 6ft smackers. Lumpy. Bumpy. A rodeo. A mistake. Anything but pleasant. When my partner, Phillip, and I were planning our first voyage to the Bahamas on our 1985 Niagara 35, Plaintiff’s Rest, that’s what people told us crossing the Gulf Stream in any kind of north wind would feel like.
Cruising: The Bahamas
Few places can match the captivating beauty of the Bahamas, but you need to be prepared before sailing there Photo by Shutterstock “The ‘Explorer’ chartbooks. All three.” “An unlocked phone. But good luck with BTC.” “Spam. It’s ‘spensive there!” These were just a few suggestions we received from fellow sailors who had cruised the Bahamas when we asked how to best prepare for the trip. In fact, several reported, independently, sticker-shock over the price of Spam there.
State Bars Not Immune To Antitrust Allegations
“The Florida Bar basically said: ‘This is our monopoly. TIKD is violating it, and any lawyer that participates with TIKD is putting their license at risk.’ Now you have the fox guarding the henhouse, and the Florida Bar does not have the authority to do that,” Pete Kennedy, attorney for TIKD in the ongoing antitrust suit against the Florida Bar that we reported on in December, recently told us in an exclusive IMS interview.
Alexander Graham Bell Day Calls for Patent Trivia: Time to See How "Phone Smart" You Are
When did Bell patent his idea for the telephone? When did the United States Supreme Court, after one of the most-lengthy and well-publicized patent battles in history finally issue a ruling on the “Telephone Cases” and what did Thomas Edison and AT&T have to do with it? All this and more in our Alexander Graham Bell tribute and trivia challenge below. Will you answer the call? The answer to the first question above is no.
CaseCrunch Program
Have you heard of CaseCrunch, the litigation predictor program that beat human lawyers with a margin of almost 25%? We don’t believe computers will soon, or ever should, replace lawyers entirely. But it does seem the legal industry is pondering utilization of artificial intelligence where it can bring access to justice for more clients and streamline certain phases of the litigation process.
Cupid Is In Royal Need Of Expert Help
A hush falls over the courtroom as Cupid takes the stand. “Cupid, will you raise your right hand?” His testimony is crucial, but it’s not near as important as that of the experts. We have archery experts, psychologists, human movement engineers, and even Fortune 500 CEOs to speak on Cupid’s alleged intentional interference with business relations in this royally-complicated lawsuit against the match-making cherub. Who on Earth did Cupid shoot? Cinderella, that’s who.
Pensacola: Florida’s Best-kept Sailing Secret
Looking west over Pensacola’s Fort McRee anchorage Photo courtesy of visit Pensacola I see him now at the bow, standing all Captain Morgan-like, one leg up on the pulpit, wet hair on his face, an outstretched arm pointing to shore. He’s sailed all the way across the Gulf of Mexico, as many of us have, to get here. Except he’s on a 16th-century Spanish square-rigger, the leader of a fleet of 11, with 1,500 new settlers to provide for.
Grecian Magnesite Mining Ruling Reversed
New provisions will have a significant impact on secondary sales of fund interests and partnership M&A transactions. On December 22, 2017, US President Donald Trump signed into law the sweeping tax reform bill H.R. 1 (the Act). Included in the new legislation is a provision that reverses the Grecian Magnesite Mining decision by the US Tax Court[1] and introduces a new 10% withholding tax on the sale of certain partnership interests.
IRS Taxpayer Advisory Prepayment Property Taxes
The IRS announced yesterday, in IR 2017-210 (the “Advisory”), that state property taxes must be “assessed” in 2017 in order for such taxes to be prepaid in calendar year 2017 and therefore deductible in 2017.
January 1 NY Paid Family Leave
The New York Paid Family Leave law (NYPFL), which becomes effective Jan. 1, 2018, mandates that private employers provide coverage for certain types of employee leave. The benefits will be administered and payments made by the employer’s disability carrier (or by the employer if self-insured), in the same manner as disability benefits. Funding of the coverage will come solely from employee contributions, not the employer.
Choice Of Law Parole Evidence Rule
On the antepenultimate day before Christmas, the California Court of Appeal issued an opinion that should be of interest and concern to lawyers documenting merger and acquisition agreements. Kanno v. Marwit Capital, No. G052348, 2017 Cal. App. LEXIS 1150 (Ct. App. Dec. 22, 2017). The opinion covers many important points that I plan to cover in several future posts. The case started with the plaintiff’s decision to retire and sell three of his businesses.
Insurance Coverage Litigation
There is a common misconception that suing everyone in sight is a good idea. Yes, if you don’t know exactly what related companies (or individuals) ultimately may be responsible for the loss it may make sense to cast a wider net (especially if the limitations period is approaching). But if it is obvious who the proper parties are, why bother to sue those who have no real involvement or liability.
Inspection Of Massachusetts Legislature
The Massachusetts Legislature has spent the past several years seeking to regulate the use of restrictive covenant agreements in the Commonwealth. Despite repeatedly falling short in that initiative, the 2017 legislative session strongly signaled the Legislature’s enduring interest in this subject by introducing a whopping eight new competing bills.
Mississippi Top Gaming Stories 2017
It is that time of the year when we take a look back and review the top stories of 2017 concerning the Mississippi gaming industry. Want to Take Any Bets? With the United States Supreme Court considering New Jersey’s appeal regarding the Professional and Amateur Sports Protection Act, the Mississippi Gaming Commission considers preparations for legal sports books in Mississippi.
PTO Litigation Report
Listed below are all new filings before PTAB of petitions for inter partes review (IPR) and covered business methods review (CBM). Also listed are any newly-posted requests for ex partereexamination at the USPTO. This listing is current as of 10 AM on Thursday, December 28, 2017. Trial Number – IPR2018-00314 Filing Date – 12/27/2017 Patent # – 6,821,540 Title – PROCESS FOR TREATING VEGETABLES AND FRUIT BEFORE COOKING Patent Owner – MCCAIN FOODS LIMITED Petitioner – J. R.
Methods Division Split Closings
The inclusion of engine pooling arrangements and rigorous maintenance requirements in operating leases frequently results in engines which formed part of a leased aircraft at delivery (for the purposes of this article, the Original Aircraft) being “off-wing.” Off-wing engines create complications for transaction parties attempting to execute a sale of an aircraft.
Hague Dismissal Clean Air Case
On the 27th of December 2017, two Dutch NGOs and 57 individual plaintiffs lost a court case against the Dutch State in which they, in a nutshell, demanded measures to be taken to improve air quality in the Netherlands. The verdict seems to be a boost for the new Dutch government’s environmental agenda and shows that such claims face scrutiny.
Whistleblowers Anti-Fraud Enforcement
Health care fraud costs taxpayers at least $60 billion annually. The most effective tool to combat fraud on the government is the whistleblower or qui tam provision of the False Claims Act (FCA). Under the FCA, a successful qui tam relator can recover 15 percent to 30 percent of the government’s total recovery in a suit for the knowing presentment of a false or fraudulent claim for payment or approval by the government or other violations of the FCA.
Specialty Healthcare Death Throes
A week before Christmas employers got an early present when the newly constituted republican majority at the NLRB overruled the “overwhelming community-of-interest” unit configuration union election standard set out in Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB No. 83 (2011). In PCC Structurals, Inc., 365 NLRB no.
Mergers Acquisitions Immigration
Mergers and acquisitions are often complex transactions involving numerous parties and myriad moving parts. While the parties are understandably focused primarily on the economic aspects of the deal, immigration compliance is an issue that should not be overlooked. The issues related to employment transitions and assessing I-9 liability are best addressed early in the process to allow time to adequately address matters that arise.
FTC Challenges Retail Transaction
Melanie A. Hallas is an associate in the law firm of McDermott Will & Emery LLP and is based in the Firm’s Washington, D.C., office. She focuses her practice on antitrust and competition matters. Previously Melanie worked as an associate at a global law firm and has extensive experience with premerger notification, review, and analysis under the Hart-Scott-Rodino (“HSR”) Antitrust Improvements Act.
Bill Increase Oversight National Banks
Democratic Senator Dianne Feinstein announced that she and three other Democratic Senators have introduced a bill, the “Accountability for Wall Street Executives Act of 2017,” that would allow state attorneys general to issue investigative subpoenas to national banks in connection with suspected violations of state law. The bill appears intended to overturn the U.S. Supreme Court’s 2009 decision in Cuomo v.
2018 Prepayment No Deductible IRS
Many U.S. taxpayers are trying to prepay their 2018 real property taxes by Dec. 31 in order to avoid the $10,000 cap on deductibility of state and local taxes that will go into effect for the 2018 tax year under the new tax law signed by President Trump last week. The IRS said in a news release today that the prepayment of 2018 real property taxes before year-end will be deductible on your 2017 income tax return only if the tax has been assessed in 2017.
Discrimination Nursing Mothers Protected
As we’ve recently outlined, the Illinois Nursing Mothers in the Workplace Act and Illinois Human Rights Act mandates that employers must be prepared to accommodate pregnant employees and nursing mothers. A recent ruling in Connecticut federal court should stand as a reminder to employers that Illinois is not the only state where the rights of pregnant employees and nursing mothers are protected.
CFPB Adjusts HMDA TILA
In notices published in today’s Federal Register, the CFPB adjusted the thresholds of the asset-size exemptions for collecting HMDA data and establishing an escrow account for certain mortgage loans under TILA. Pursuant to Regulation C, which implements HMDA, depository institutions with assets below an annually adjusted threshold are exempt from HMDA data collection requirements. In its notice, the CFPB increased the 2017 threshold of $44 million to $45 million for 2018.
TTB Updates Semi-Annual Regulatory Agenda
Last week in its regular newsletter, Alcohol and Tobacco Tax and Trade Bureau (TTB) announced updates to the Fall edition of the semi-annual Unified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda). Like other federal agencies, TTB uses the Regulatory Agenda to report on its current rulemaking projects.
Seattle’s Sick Safe Time Ordinance Take Effect Jan 1
Definitions—Work-Study Provided exemption for employees working under a work-study agreement. There is no exemption for employees working under a work-study agreement. Definitions—Family Member “Family member” includes a child (minor or dependent), spouse, registered domestic partner, parent, parent-in-law, or grandparent. Adds child (of any age), sibling, andgrandchild.
Trump 1st Year Cybersecurity
As might be expected, the first year of the Trump Administration saw a lot of activity on the cybersecurity front. In May, the Administration issued its “Presidential Executive Order on Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure.” As we discussed in an analysis we issued shortly thereafter, the Order brought more accountability to agencies for monitoring their own cybersecurity, and required them all to implement the NIST Cybersecurity Framework.
Dec 27 PTO Litigation
Listed below are all new filings before PTAB of petitions for inter partes review (IPR) and covered business methods review (CBM). Also listed are any newly-posted requests for ex parte reexamination at the USPTO. This listing is current as of 11 AM on Wednesday, December 27, 2017.
New Staff Additions Under Mulvaney
According to media reports, Mick Mulvaney, President Trump’s designee as CFPB Acting Director, has told CFPB staff that he plans to add six new staff members who currently work in the Trump administration.
Top 10 List Cybersecurity Threats
Cybersecurity has never been more important, or challenging, to address. For many employers, even figuring out where to start may seem like an overwhelming challenge. The first step—and one that should be done at least annually—is to focus on the adequacy of your organization’s cybersecurity planning processes, if any, in place. To jump-start your year-end cybersecurity planning, here are our “top ten” vulnerabilities to put on your list. Vulnerability No. 1.
Review Of SEC Participating Affiliate No-Action Letters
In order to provide investment advice to US clients, a foreign investment adviser must be registered with the US Securities and Exchange Commission (the “SEC”) under the Investment Advisers Act of 1940 (the “Advisers Act”) unless an applicable exemption applies[1].
December 2017 gTLD Sunrise Periods
As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please contact us or see our December 2013 Newsletter for information as to what the Sunrise Period is, and how to become eligible to register a domain name under one of the new gTLDs during this period.
Eleventh Circuit Non Compete Covenants
In states that permit the enforcement of non-compete and other restrictive covenant agreements against former employees, companies must still demonstrate that the restrictions are designed to protect a legitimate business interest, and not to simply avoid ordinary competition. In Osborne Assocs. v. Cangemi, Case No. 3:17-cv-1135-J-34MCR (M.D.Fla. Nov.
2017 Wage Developments
Recently, we wrote about the significant wage-hour developments of 2017. Those developments set the stage for some rather substantial issues to be addressed. With briefing and oral argument complete, it now is only a matter of time before the U.S. Supreme Court issues its ruling in three cases involving the enforceability of arbitration agreements with class action waivers. That ruling, whenever it issues, will have a significant impact on wage-hour litigation, at least in the federal courts.
OFAC Targets Subject U.S. Sanctions Asset Freezes
The Office of Foreign Assets Control (“OFAC”) wrapped up 2017 by issuing a series of high-profile designations generally prohibiting U.S. persons from conducting financial or other transactions with the identified individuals and entities, and freezing any assets which these individuals and entities may have under U.S. jurisdiction.
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