Thursday, November 18, 2010

One of the biggest events on the literary calendar was held November 17 in New York City. It was there that the winners of the 2010 National Book Awards were announced. This year there were 1,115 total submissions for the categories of fiction, nonfiction, poetry and young people’s literature. The winners are:
Fiction: "Lord of Misrule," by Jaimy Gordon
Nonfiction: "Just Kids," by Patti Smith
Poetry: "Lighthead," by Terrance Hayes
Young people’s literature: "Mockingbird," by Kathryn Erskine
Lifetime achievement award: Tom Wolfe
http://voices.washingtonpost.com/political-bookworm/2010/11/2010_national_book_awards_winn.html

As Obama administration officials put into place some of the new rules that go into effect under the federal health care law, they are issuing more waivers to try to prevent some insurers and employers from dropping coverage and also promising to modify other rules because many of the existing policies would not meet new standards. Last month, federal officials granted dozens of one-year waivers that were aimed at sparing certain employers, including McDonald’s, insurers and unions who offer plans that sharply limit the coverage they provide. These limited-benefit plans, also known as “minimeds,” fail to comply with new rules phasing out limits on how much policies will provide in medical care each year. Concerned about the potential disruption that would be created by enforcing the new rules, the administration has granted dozens of additional waivers and also made clear that it would modify other rules affecting these policies. Last week, the Department of Health and Human Services issued more guidance, saying it would use a different method of calculating spending for these plans so they would be able to meet new regulations dictating how insurers should use the premium dollars they collect.
http://www.nytimes.com/2010/11/10/health/policy/10waiver.html

Last month, the city of Seattle passed an ordinance that allows residents to opt out of receiving Yellow Pages phone books. Does the measure violate the U.S. Constitution? Yes, it does, argue lawyers for two Yellow Pages publishers, who filed suit in Seattle federal court on November 15 in an attempt to block the ordinance. According to the Seattle Times story, the ordinance directs the city to set up a registry of residents who don’t want to receive yellow pages, and requires distributors to honor those opt-out requests. Part of the problem, from the perspective of the publishers, lies in the fact that they’re soon to update a website that would allow anyone in the country to opt out. Neg Norton, the Yellow Pages Association president, told Seattle Times that if other cities follow Seattle’s lead, he said, it will confuse consumers faced with a “patchwork” of rules and opt-out websites. Meanwhile, the law’s sponsor, councilmember Mike O’Brien, said he and the city attorney’s office “remain confident” the ordinance is constitutional. Citizens are now paying $350,000 a year to recycle Yellow Pages, he said, and, “We’re simply trying to recoup those costs from them in a way that we believe is constitutionally valid.”
http://blogs.wsj.com/law/2010/11/16/banned-books-in-seattle-yellow-pages-cries-foul-over-opt-out-law/?mod=djemlawblog_h

November 5, 2010 HHS supplemental guidance on P.L.111-148, Patient Protection and Affordable Care Act, the new health care reform law t
http://www.hhs.gov/ociio/regulations/11-05-2010annual_limits_waiver_bulletin.pdf

Car companies have long tapped high-profile celebrities to spread word of mouth about new cars by test driving them around town. Now they are turning to a similarly powerful but cheaper source: young social-media influencers who have strong online followings. As social media become a growing force at generating attention, marketers are increasingly turning to the less famous to help them pitch products. Auto makers and ad executives say tapping social-media stars can give a brand more credibility with younger shoppers than hiring high-priced celebrities.
Still, the gimmick isn't without risk. Turning your brand over to individuals who often aren't under contract to say positive things about your product could backfire with criticism. Moreover, the Federal Trade Commission is paying close attention to plugs being made in so-called nontraditional contexts, such as tweeting and blogging. Last year, it issued new guidelines saying that bloggers must disclose any compensation they receive in exchange for writing product reviews. It also said celebrities must disclose if they have a relationship with an advertiser when they endorse a product in social media.
http://online.wsj.com/article/SB10001424052748704658204575610593926104822.html

The U.S. Small Business Administration Office of Advocacy calls itself the voice of small business in government and as such, collects research, statistics, and sends comments to other federal agencies. Subscribe to free advocacy publications electronically at: http://www.sba.gov/advo/ See the October-November edition of The Small Business Advocate commemorating the 30th anniversary of the landmark Regulatory Flexibility Act at:
http://www.sba.gov/advo/oct-nov10.pdf

With the economy in the dumps, an array of franchisers are raising their standards for prospective buyers. They're demanding candidates bring much more cash to the table, as well as a stronger track record of experience in the industry. In some cases, they're even inspecting the buyers' current operations to see just how well they're run. Indeed, banks are a big reason some franchisers are raising the bar. Since the credit crunch hit, banks have been turning down loans left and right—and if a potential buyer can't get financing, it means big headaches all around. Read stories about Popeyes, Firehous Subs and Zoup Fresh Soup Co. at: http://online.wsj.com/article/SB10001424052748704361504575552803956439716.html

Franchise and the law
Franchise Law Update http://franchiselaw.foxrothschild.com/
Rush on Business http://www.rushonbusiness.com/

It’s an amazing offer: “free miracle heaters” that will keep you warm and “slash your heating bills” this winter. Maybe you’ve seen the TV infomercials or the full-page color newspaper advertisements for the Heat Surge Roll-n-Glow Fireplace. They show Amish men and women in a barn building the wooden mantels. In order to get your free fireplace (which is described as “a home decorating sensation”) you have to buy the wood mantel for $298, plus shipping.
Consumer Reports tested the Heat Surge last year. The editors found that it was “reasonably convenient, quiet and safe.” But they said the Roll-n-Glow is “no more miraculous” than other space heaters they’ve tested. “Quite frankly, it’s a rather incredible price for something that is nothing more than a space heater that you can buy for hundreds less,” says Bob Markovich, home editor at Consumer Reports. “The product has been very successful,” says David Baker, president of Heat Surge. Baker tells me his Ohio-based company has made more than a million of these faux fireplaces in the last three years. Baker wants everyone to know that the mantels are made from solid American wood by Amish workers in Ohio. But the heaters are made in China, something the ads don’t mention. http://www.msnbc.msn.com/id/40113829/ns/business-consumer news.

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