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Friday, September 30, 2022

What A Breach Of Covenant Is & How To Avoid It - Bankrate.com

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Covenants are a part of a written contract and often involve promises or stipulations to do something — or even a promise not to do something in the future. When a breach of covenant occurs, it means one of the parties involved in the contract has violated those promises in some way.

In the case of automobiles, the covenants may be terms or conditions tied to the financing for the vehicle purchase or part of the loan agreement between a lender and you as the borrower.

What is a breach of covenant?

Covenants are promises or stipulations that are part of written contracts, frequently relating to real, tangible property such as a vehicle. If one of the parties involved in the contract fails to live up to some part of those conditions or stipulations, then it is considered a breach of covenant.

In the case of an auto loan — the financing associated with purchasing a vehicle — the loan agreement between the lender and borrower may include requirements surrounding the specific terms of the debt. The covenants are requirements or conditions imposed by the lender and the borrowers must agree to those conditions in order to finalize financing.

Because loans are a contract between a lender and a borrower, any violation of that contract constitutes a breach of covenant and may even result in a lawsuit.

Parts of breaches of covenants

There are various types of covenants including positive and negative covenants and standard and non-standard covenants.

Positive vs. negative covenants

Positive covenants typically include a variety of obligations that a borrower must meet in order to remain in compliance with a contract and for the deal to remain in place.

Negative covenants however, are designed to prevent borrowers from engaging in high-risk actions. These types of covenants typically require borrowers to obtain advance approval for any actions that may be deemed risky.

Standard vs. non-standard covenants

Standard covenants are generally the same for all borrowers. An example of a standard covenant might be that a borrower must make principal payments on a loan and must make those payments by their due date.

By contrast, non-standard covenants are unique to a particular borrower and that borrower’s individual circumstances.

How a breach of covenant affects a borrower

There are a range of consequences for breach of covenant. They could include:

  • Paying financial compensation for violating a covenant
  • Paying a fee or penalty charged by the lender
  • Increased interest rate on your loan
  • Revision of the contractual agreement
  • Termination of the agreement

In some cases, in order to maintain the agreement after a breach of covenant, you may even be required to provide some form of additional collateral.

The bottom line

Covenants are conditions that are part of a contract, particularly debt contracts such as auto loans or financing. When signing onto a contract be sure to review all stipulations and conditions of the agreement carefully so that you fully understand them and can remain in compliance.

When a breach of covenant occurs, you risk having to pay penalties, a higher interest rate or even having the contract terminated altogether.

Learn more

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A gray seal that showed up in a Beverly, Massachusetts pond quickly won over the town’s hearts during his week-long stay before officials relocated him. - NOAA Fisheries

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Welcome to Beverly, Massachusetts

On September 15, NOAA stranding staff was alerted that a seal was swimming in Shoe Pond in the Cummings Center office park in Beverly, Massachusetts. We determined that it was a gray seal. Although it’s an unusual location, the pond connects to Beverly Harbor through a 250-yard-long cement tunnel that empties into the Bass River. It’s not unusual for seals to follow fish into shallower waters, including rivers—in 2019 a harbor seal swam up the Connecticut River to Holyoke, Massachusetts. 

Working with the Beverly Animal Control Officers, our staff visited the pond over the next few days. We observed the seal, evaluated its health, and gathered information about its behavior. The seal hauled out on the wall in front of the exit tunnel several times, so we knew it could leave the area when it was ready. Cummings Center staff opened the dam gate on September 18, and the seal briefly swam towards the exit, then hopped right back into the pond! 

View of Shoe Pond. Photo Credit: NOAA Fisheries

On the Move! 

Overnight on September 19, the seal moved from the lower saltwater pond into the larger upper pond that is freshwater. Beverly residents were visiting the office park often to check up on the seal and its well-being, affectionately referring to the seal as “Shoebert.” Given that seals are protected under the Marine Mammal Protection Act, our staff took this opportunity to provide a seal 101 for visitors. We reminded everyone to maintain the safe wildlife viewing distance of 150 feet or more. Our goal was to ensure the safety and well-being of the seal, responders, and the public. Since there were no barriers to the seal leaving on its own, we wanted to give it a chance to do so before we intervened.

As we approached the 1-week mark, the seal showed no signs of exiting the pond on its own. Ultimately we decided to take action—it would be best to get the seal back to a more suitable seal habitat. Seals can live in freshwater for short periods as long as there are fish to eat, but really, they belong in the ocean. In this case, we were concerned that the seal might leave the pond and go into parking lots or on roads and get injured. Gray seals can also be aggressive, so the longer it was in the pond, the more likely there would be an interaction between the seal and people.

Planning for Rescue

On Wednesday, September 21, staff began to collect more information about the bottom conditions of the pond and observe how the seal would react to a boat. This information would help response teams plan for the rescue. The Cummings Center provided NOAA staff with a rowboat, and we learned that the seal was very curious and would follow the boat. Beverly Fire Department sent two divers into the water to check for any obstructions that could harm the seal or snag nets during a rescue attempt. We relayed this information to our stranding partners who were assisting with this response. These dedicated teams planned to travel from three states on Thursday morning to assist us NOAA with assessing suitable rescue options.

Officials observing the seal on Thursday. Photo Credit: NOAA Fisheries

As the teams were in transit on Thursday morning, we began getting calls that the seal had hauled out on the sidewalk near the Cummings Center parking lot. It was on the grass not far from a busy road. Our plans for the day quickly changed from observing the seal to preventing the seal from encountering people or cars. Stranding partners included the International Fund for Animal Welfare (IFAW), Seacoast Science Center Marine Mammal Rescue, Whale and Dolphin Conservation, and Mystic Aquarium. They joined our staff and local authorities, hoping to take advantage of the seal’s behavior and safely capture it while it was on land.

Despite periods of heavy rain, teams attempted several rescues of the seal. We first sent out the boat unattended, and slowly pulled it to shore, hoping the seal would follow. Other attempts involved a Beverly firefighter and stranding network partners rowing the boat to different locations throughout the pond. We hoped to entice it to quieter locations, or to net it as it approached the boat. Each time, the seal showed interest, but remained just out of reach of the rescue teams.

As it grew dark, we decided to end operations for the day, to keep everyone safe. We knew that the seal was changing its behavior and trying to haul out more often. We left a large collection of gear at a NOAA team member’s house nearby: two large kennels, nets on long poles, and herding boards. Team members from IFAW and Mystic Aquarium stayed nearby overnight, planning to reassess the situation on Friday.

Early Morning Wake Up Call

The seal's stay ended in the early morning hours of Friday, September 23, a little more than a week since it began. At 2:30 a.m. Beverly Police Department officers were alerted by Cummings Center security that the seal was outside their office on the lawn, having navigated a significant journey across an empty parking lot. Acting quickly, the police, fire, and animal control staff used tables to prevent the seal from leaving the parking lot while stranding teams and safety gear arrived on scene. The NOAA team was on scene next and, using herding boards, circled the seal and corralled it safely into the kennel. Shortly after, IFAW staff arrived and the group transferred the seal into the large wooden kennel for safe transport down to Mystic Aquarium. 

Mystic Aquarium staff collected the seal and transported it to their animal rescue clinic for a health assessment. There are only a few options for seal rehabilitation in New England. Although closer than Connecticut, the New England Aquarium in Boston no longer rescues or rehabilitates seals. So the seal headed to Mystic Aquarium because they have the space for a seal of this size.

Team in the early morning. Photo Credit: Beverly Animal Control

Clean Bill of Health

The seal had a yellow tag on its rear flipper, indicating that it had been previously rehabilitated and released. We were able to match the spots and scar on his face with a known case and identify it as a male roughly 4-5 years old. He had previously stranded on Cape Cod with extensive injuries to his face and hind flippers. IFAW rescued him, provided initial treatment, and transferred him to Mystic Aquarium for longer term care. They released him in August 2018, after 4 months of rehabilitation for a bone infection and removing one hind digit. 

After arriving at Mystic Aquarium from Beverly, veterinarians performed a complete health assessment and physical examination, which included X-rays and bloodwork. He appeared healthy based on this exam and weighed 235 pounds. He stayed at Mystic Aquarium for a few days while plans were made to release him off the Rhode Island coast in a known gray seal habitat. The goal was to give him access to open water so that he can choose where to go and be able to find the appropriate food resources.

New Home

On Monday, September 26, the seal was satellite tagged in preparation for release. This tag may work for several weeks or months, and will fall off by the time he molts or sheds his fur. The seal was released back to the wild on Tuesday, September 27. Gray seals can travel great distances, often traveling from Cape Cod to Nova Scotia in a matter of days. It will be fun to see where he decides to travel to next! Check back for updates on his travels. 

Mystic Aquarium team preparing for a safe release. Photo Credit: Mystic Aquarium

Reporting Stranded Marine Life

If you see a seal on the beach, please give it space. Resting on beaches is normal seal behavior. If you think a seal is in trouble, please contact us and trained marine mammal responders will assess the situation. To report a stranded seal or other marine mammal call (866) 755-6622. 

Shoebert swims off after release. Photo Credit: Mystic Aquarium

Thank you to all the following organizations:

  • Cummings Center
  • Beverly Animal Control
  • Beverly Police Department
  • Beverly Fire Department and Rescue Dive Team
  • International Fund for Animal Welfare
  • Seacoast Science Center Marine Mammal Rescue
  • Whale and Dolphin Conservation
  • Mystic Aquarium
  • Atlantic Marine Conservation Society

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Thursday, September 29, 2022

10 common bank fees that are costing you hundreds—and how to avoid them - Fortune

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Banks are not one-size-fits-all. When you’re evaluating where you want to park your money, there are several factors you’ll have to weigh to find the right one for you. One major consideration you’ll need to consider: fees.  

Financial institutions charge various kinds of fees for their services, some you may not even realize exist until you’re hit with a charge in your account. But there is an upside: knowing which fees your bank charges, and how to avoid them, can help you trim costs in the long run.  

What are bank fees?  

Bank fees are any fees your bank charges you for doing business with them. Common fees you’ll come across are ATM fees, paper statement fees, overdraft fees, among others. When you’re considering signing up for an account with a new bank, you should take the time to explore its website or even visit a branch in person to ask about all the potential fees you might incur.  

According to 2019 data from the Consumer Finance Protection Bureau, overdraft and non-sufficient funds (NSF) revenue generated an estimated $15.47 billion worth of revenue for banks.  

“For some banks, fees can be a major revenue driver, though the share varies widely by institution. They can also offset operational costs,” says Meghan Greene, senior director of research at Financial Health Network. “It’s fairly common to be charged one of these fees. Our nationally representative FinHealth Spend survey found that 49% of banked households reported paying some type of fee for their bank accounts in 2021.”  

10 common bank fees   

Thanks to the Truth in Savings Act all financial institutions are required to disclose the fees they impose on their customers and when. This was implemented as an added layer of protection for consumers to make it easier for them to comparison shop and choose the right bank account to meet their needs.  

“For many consumers looking to cut costs and find extra cash, look closely at your spending and understand what is coming into your bank and what is leaving,” says Daniel Tobias, certified financial planner at Passport Wealth Management. “From there, look at what services you spend most on and research their fee model.” 

Here are the most common fees banks charge—and how to avoid paying them: 

1. Monthly maintenance/service fee   

This is a fee that banks charge to cover the cost of maintaining your account each month. Some banks won’t charge a monthly fee at all or will waive it if you maintain a certain balance in your account.  

Others may charge as little as a few dollars, or upward of $15. Keep in mind that opting for a low or no-fee account could help you save more money—but it may come with its own set of limitations. For example, some low-fee or no-fee accounts may cap the number of withdrawals you can make each month. You’ll want to keep this in mind when choosing the right account for your spending habits.   

How to avoid it: Choose your account carefully. Ask your bank if they charge a monthly maintenance fee and what their conditions are for waiving it. If you’re able to meet minimum balance requirements or make a certain number of purchases from your account each month, you may be able to skip this fee altogether.  

2. Out-of-network ATM fees   

Each bank has its own network of ATMs and won’t charge you an extra fee for withdrawing your money. However, if you venture outside of that network and use an ATM owned by a different bank or a third-party provider, you’ll likely be charged a fee. These fees will cost you $4.66, on average, which may not seem like a lot if you need some quick cash. However, if you plan to make multiple withdrawals, it can add up over time.  

How to avoid it: If you absolutely must make a withdrawal from an out-of-network ATM, try to withdraw a larger amount of cash to avoid racking up multiple transactions in a short amount of time and paying more in fees than you need to. “Like any financial service, it’s important for consumers to understand account terms,” says Greene. “ATM fees are generally waived, for example, if the ATM is within network, and some institutions offer waivers or refunds out of network as well.” 

3. Overdraft fees 

Most banks will charge you a fee when you spend more than what you have in your account. For example, if you have a balance of $100 and spend $150, the bank will process the transaction, but you’ll be responsible for the $50 that the bank funded, plus an additional fee for overdrawing your account.  

The overdraft fee will vary from bank to bank, but it can be as high as $35 per transaction. If you aren’t regularly monitoring your account, you could end up paying hundreds in fees for even the smallest transactions.  

How to avoid it: Set up account alerts to receive a notification each time you make a purchase using your card or if your balance drops below a certain threshold. That way, you’ll always have enough money in your account to cover your purchases.  

Another option: Ask your bank if they offer overdraft protection. When you enroll, your bank will move the money you need to cover your purchase into your account from a linked or secondary account. This feature will likely require you to pay a monthly fee but paying a few dollars each month to ensure that any purchases that may cause your account to go below zero will still be approved and not incur an overdraft fee could still help you save.  

4. Insufficient funds fees   

Some consumers confuse overdraft fees with insufficient funds fees, but they are slightly different. Insufficient funds fees are charged when you don’t have enough available in your account to cover a purchase and the bank rejects the transaction. Insufficient funds fees will typically be about the same amount as an overdraft fee.  

How to avoid it: Tracking your spending, setting balance alerts and opting into overdraft protection could help you avoid insufficient funds fees.  

5. Paper statement fees   

Your bank may charge you a fee for printing and sending you a physical copy of your bank statement each billing cycle. It’s usually around $1 to $5 each month, but if you don’t read your paper statement, it can be a waste of money.  

How to avoid it: Log into your bank account and review your settings. You should have the option to enroll in paperless statements. If you still prefer a paper statement, some banks don’t impose a fee for sending you one. 

6. Wire transfer fees   

Wire transfers lets you send money to another person’s account immediately, but it isn’t free. The fee you pay will depend on whether the individual you’re sending money to uses the same bank as you or if you’re sending it to a bank account in a different part of the world. Banks may also charge you for receiving a wire transfer.  

How to avoid it: Some financial institutions will waive this fee or offer you a discount if you wire the money online, rather than requesting the assistance of a customer service representative. You could also consider alternatives to sending funds like a paper check or mobile payment app like Venmo or Zelle.  

7. Account closing fees   

Some banks will charge you account-closure fees if you close your account within a certain time period after opening it. This is done to retain customers or prevent new customers from taking advantage of introductory perks and then moving on to a different bank. Most financial institutions will charge this fee if you close an account that is less than 180 days old, although some have shorter windows.  

How to avoid it: Make sure the bank you choose meets your long-term needs before opening an account. If you end up deciding that it isn’t right for you, try to stick it out past the cutoff window to avoid having to pay an account-closure fee.  

8. Dormancy fees   

When your account goes dormant, banks have a certain amount of time to nudge you to use your account before the government steps in and has the power to decide what happens to the funds in your account. Usually, banks will wait until you’ve been inactive for at least six months before charging you a dormancy fee.  

How to avoid it: Consider making a regular deposit or withdrawal from this account. You can also schedule one of your regular recurring payments from this account to keep it open and active, even if you aren’t using it on a regular basis. If you find that you have no use for the account, consider closing it to avoid accumulating too many monthly inactivity fees.  

9. Foreign transaction fees   

Any time you make a purchase overseas or online from an international merchant, you’ll likely pay a foreign transaction fee. This fee is split between your credit card issuer and your credit card network and is charged as a small percentage of your total transaction, usually 1% to 4%.  

How to avoid it: Not all banks charge foreign transaction fees. However, if you’re a frequent traveler or online shopper, it might be worth opening a new account with a bank like Capital One or HSBC—both waive foreign transaction fees when using select products to pay for your purchases.  

10. Lost card fees  

We’ve all been guilty of losing or misplacing a bank card. But losing track of yours could mean paying a fee to have it replaced, plus an extra fee to have it replaced in a timely manner.  

How to avoid it: Ask your bank if they’d be willing to waive the replacement fee. Sometimes, your bank might cut you some slack if this is your first time losing your card or if your card was stolen. If there’s no way around the replacement fee, you could save on the cost of having your card expedited by opting for the standard processing and shipping time and using a mobile wallet or cash for a few days while you wait for your new card to arrive in the mail.  

The takeaway 

Who you choose to bank with can make a huge difference in how much you’ll fork over in fees. Be selective when choosing where to keep your money, and if you find that you’re spending more in fees than you’re comfortable with, it may be time for a change.  

“No matter your financial situation, be sure to seek out financial partners that are honest and transparent in their fee structure,” says Tobias. “Believe it or not, there may be room to cut your expenses by identifying these hidden fees in everyday purchases.”

EDITORIAL DISCLOSURE: The advice, opinions, or rankings contained in this article are solely those of the Fortune Recommendseditorial team. This content has not been reviewed or endorsed by any of our affiliate partners or other third parties.

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Polar Bear Hair Sheds Light on Seal Populations Under the Arctic Sea Ice | U.S. Geological Survey - usgs.gov

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Polar bear diets should be filled with a lot of fat. So much fat that some researchers study them just to understand how a species that consumes a diet with up to 80% blubber avoids heart disease and obesity. 

However, a new study shows that as the Arctic warms faster than any other part of the world, polar bears can't feast on blubber from multiple seals as they’re used to doing. Instead, they're finding fewer seals and eating more muscle, increasing their consumption of protein relative to fat. Blubber is highly digestible and provides twice the energy per gram compared to muscle.   

"Polar bears have evolved to specialize on a high fat diet composed primarily of seal blubber,” Karyn Rode, the lead author and a USGS research wildlife biologist, said. Her team’s new study shows that when polar bears ate less fat from fewer ringed seals, they were less likely to survive the year.  

“Understanding how polar bears respond to periods of reduced access to their primary prey, and consequently reduced dietary fat, helps us better understand the implications of Arctic warming on these predators while simultaneously shedding light on the status of their prey populations,” Rode said.  

Satellite images show that the Arctic is losing sea ice, which polar bears use for roaming and hunting. This new study reveals how the melting sea ice is also affecting the seals, whales, and other creatures that are part of the ecosystem beneath the ice.  

“Our study is the culmination of 15 years of work to develop methods to measure the protein and fat content of polar bear diets using hair,” Rode said. Her team tested those methods on polar bears in zoos, applied the tools to wild populations, and analyzed the results. The researchers measured stable carbon and nitrogen isotopes in polar bear hair to determine the ratio of fat to protein consumed by polar bear populations in the Northern and Southern Beaufort Seas, which sit above Alaska and the Northwest Territories and west of Canada’s Arctic islands.  

Scientists and land managers can use the study’s methods to differentiate between indirect and direct effects of sea ice loss on polar bears. Indirect effects impact the bears' potential prey that reside underneath the ice, while direct effects prevent polar bears from roaming large areas of sea ice in search of food.  

When direct and indirect effects occur simultaneously, as is the case with the populations the team studied, the polar bears are particularly vulnerable to environmental change. 

The research highlights how studying polar bears can reveal what’s happening to the ecosystem hidden beneath the remote Arctic sea ice. "Polar bears are a good indicator species on how the Arctic is affected by climate change and sea ice loss,” Rode said.  

This is a graphical abstract for a publication by the USGS and collaborators that examines the role of diet and food intake affecting polar bear population dynamics. Polar bears consume diets consisting of high proportions of marine mammal blubber that they access from the sea ice. When prey availability is low, polar bears are less selective consuming both the muscle and blubber of their prey whereas when prey are abundant, polar bears can selectively consume primarily blubber. This study used carbon and nitrogen isotopes to estimate the prey species and ratio of fat to protein in polar bears diets in the Northern Beaufort and Southern Beaufort Sea populations to better understand if bears can maintain high fat, high energy diets by prey switching when the abundance of their primary prey, ringed seals, is low. They found that bears in the western Beaufort Sea (Alaska) consumed the lowest proportions of dietary fat and ringed seal blubber during a period when polar bear abundance declined. Polar bears in the Northern Beaufort Sea population which has been stable over recent decades consumed higher proportions of ringed seals and dietary fat. Bears consuming less fat and lower energy densities would have to increase food intake from 2.1 to 3.0 kg/day in order to maintain energy intake. Prey-switching and consumption of whale carcasses onshore appeared insufficient to augment diets when availability of their primary prey, ringed seals, is reduced. Estimating dietary blubber using predator hair applied in the paper provides a new metric to monitor predator-prey relationships that affect individual health and population demographics.  More information can be found in the following publication: 
Rode, K.D., B.D. Taras, C.A. Stricker, T.C. Atwood, N.P. Boucher, G.M. Durner, A.E. Derocher, E.S. Richardson, S.G. Cherry, L. Quakenbush, L. Horstmann, and J.F. Bromaghin. 2022. Diet energy density estimated from isotopes in predator hair associated with survival, habitat, and population dynamics.  Ecological Applications: https://doi.org/10.1002/eap.2751 Graphic by: Andres A. Aceves for USGS through the Virtual Student Federal Service program. 

The study was published in the journal, Ecological Applications

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Wednesday, September 28, 2022

Navy proposes stringent blood testing for elite SEALs training program to address drug use - CNN

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Washington CNN  — 

Senior Navy officials are concerned about the use of performance enhancing drugs by Navy SEAL trainees and have asked the Pentagon to approve blood testing to detect potentially illegal or banned substances used by the elite forces.

The request for more stringent blood testing comes after performance enhancing drug (PED) paraphernalia were found in the car of a SEAL trainee who died hours after completing the infamous “Hell Week” training program in February.

In an interview with CNN, Regina Mullen, the mother of the dead trainee said that according to a toxicology report her son, 24-year-old Seaman Kyle Mullen, did not have PEDs in his system, but that he had told her that other trainees were using them.

“There was more doing it than not let’s just say,” Regina Mullen told CNN.

Regina Mullen said the competitiveness of the training program combined with the prevalence of people in the SEALs doing drugs and getting away with it pushed people to their limits. “So many of the men were getting away with it and doing it, so here you have these amazing athletes that don’t do it. They get there, and lesser men are beating them in the obstacle course and whatever they do in their drills,” Regina Mullen said. “They’re recovering better and you’re not. You almost feel like you want to be on the same playing field.”

A naval special warfare senior officer who spoke to CNN on condition of anonymity said there is “beyond a reasonable doubt that a significant portion of the candidate population is utilizing a wide range of performance enhancing drugs.”

Senior SEAL officials believe drug use inside the elite unit includes not just human growth hormone but a wide range of substances. It’s unclear how many SEALs still may be using PED. But “when we first heard about possible PED usage we went in extremely fast and extremely hard on testing,” the senior officer told CNN. Candidates are using PED “because they believe they need it,” the officer added. “They don’t.”

Performance enhancing drugs have multiple medical side effects including impacting heart rate and blood pressure. So far the Defense Department has not ruled on the request for blood testing.

A training death

On February 4, Kyle Mullen died after completing a phase of the grueling training process. Senior officials tell CNN that within 24 hours of his death, the entire SEAL training class began undergoing urinalysis testing that could at least indicate increased testosterone levels, an indicator of potential PED use.

Of the 1,000 personnel tested since, more than 30 tested positive and were eventually removed from training.

Navy Seals Hell Week 2015

After Kyle Mullen’s death, the Navy ordered an investigation into the grueling SEALs selection course, according to three Navy officials. The new investigation was initiated by a letter from outgoing Vice Chief of Naval Operations Adm. William Lescher, one of the officials said.

The letter directed Naval Education and Training Command to examine Naval Special Warfare oversight of the most difficult and punishing elements of the SEALs selection course, another of the officials said, including a look at the use of performance enhancing drugs within basic training school to complete the course.

The New York Times first reported the opening of a broad investigation into the SEALs selection course. It is a broader look at the circumstances around Mullen’s death especially as he began suffering symptoms several hours after the course, the Navy said at the time.

After the conclusion of Hell Week, Kyle Mullen suffered symptoms and was taken to a California hospital, where he later died. The official cause of death was bacterial pneumonia. At the time, the Navy said that neither Kyle Mullen nor another injured sailor were “actively” training when they fell ill.

Regina Mullen said that along with more stringent drug testing, the Navy needs to reevaluate its overall training program.

“They should really look at their training, too,” said Regina Mullen. “I mean it’s killing people.”

Importance of blood tests

Instituting mandatory blood tests for drug use rather than just urinalysis is now considered vital by top Navy SEALs. Without it, the worry is they won’t be able to fully eradicate the problem.

“Our hands are tied” the senior naval officer said.

The move, if approved would for the first time require SEAL candidates to undergo blood tests to detect the presence of a broad range of PEDs including ones that cannot be detected in standard drug urinalysis tests.

The potential move to blood testing for drugs is seen as a critical medical measure to ensure candidates compete for a spot in the SEAL training program and eventually may serve in the field based on their physical capabilities with no enhancements through the use of PEDs, a defense official in the command told CNN.

Beyond the serious medical impact of PEDs, the SEAL leadership sees it as an issue of character and ethics if a candidate uses banned substances. “You are cheating” the officer said.

Increased safety measures

Kyle Mullen was the first SEAL candidate to die immediately following completion of Hell Week—a multi-day training course that pushes candidates to the limit, only allowing a few hours sleep at a time, while still undergoing rigorous training in and out of the water. The Navy has long said the training must push those trying to become SEALs to the limit of their capabilities because that is what they face when they are on missions. And while there is a high attrition rate, since the 1950s only 11 candidates have died in training, including Kyle Mullen.

Navy Seals Hell Week 2015

Trainees are regularly informed about the medical risk of PEDs. But several new medical initiatives to help protect the health of trainees have been put in place since February, according to the Navy. Those include increased cardiac screening using EKG machines with advanced artificial intelligence to screen for underlying conditions and increased measures to prevent pneumonia.

Sources tell CNN SEAL trainees are also being subjected to closer medical observation during and after training events and that there has been a greater awareness of the risk of fluid buildup in the lungs.

Drug screening, including the use of blood tests, has been part of the athletic world for years.

But on the front lines for special operations forces, commanders say those who cheat likely make bad decisions under pressure.

“This isn’t just a question of performance, it’s a question of integrity,” said one senior naval officer who served until just a few months ago with the SEALs. Commanders need to know their forces have unimpeachable ethics and follow standards, the officer said, adding, “It has the potential of a catastrophic impact. What else are they willing to do in a combat scenario?”

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St. Louis Cardinals seal NL Central title with win over Milwaukee Brewers - ESPN

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MILWAUKEE -- The St. Louis Cardinals finally separated themselves from the Milwaukee Brewers in early August after chasing them for much of the season.

They haven't looked back since, turning what had been a nip and tuck NL Central race into something of a runaway.

MVP contender Paul Goldschmidt went 2-for-4 with a pair of RBIs as the Cardinals clinched the division title Tuesday night by beating the Brewers 6-2 behind six strong innings from Miles Mikolas.

"With the guys that we have and the veteran leadership, we knew that as soon as we smelled some blood right there and we took that lead, we knew we could run away with it," Mikolas said.

Andrew Knizner hit a two-run homer to break out of an 0-for-22 slump as St. Louis sealed its first division crown since 2019 and fourth straight playoff berth by defeating the team that won the NL Central last year. This marks the third straight year the Cardinals have wrapped up a postseason spot with a victory over the Brewers.

The Cardinals (90-65) guaranteed themselves at least a tie with second-place Milwaukee (82-72), and now they own the tiebreaker because the victory Tuesday gave St. Louis an insurmountable 10-8 lead in the season series.

St. Louis held a rather low-key celebration on the Brewers' home field after the final out, reacting not much differently than if they'd just won an ordinary game at midseason. The party didn't start until the Cardinals got into the locker room and started popping champagne.

"This is just one step, guys," Albert Pujols told his teammates at the start of the celebration. "Just remember this moment. This is what we want to do deep in October and hopefully win the championship and bring it to the city of St. Louis."

The Brewers remain 1½ games behind Philadelphia for the final NL wild card. The Phillies won the season series with Milwaukee and would get the playoff bid if the teams end up tied.

St. Louis trailed Milwaukee in the NL Central standings for much of the season and was four games back on the morning of July 31. The Cardinals are 37-17 and the Brewers 25-28 since.

"We just didn't really play well enough all season to deserve winning the division," Brewers outfielder Christian Yelich said. "You get what you deserve in sports a lot, and we just, for whatever reason, weren't able to put it all together. Not saying we don't still have a shot. We still have a shot at a wild card."

Tuesday's clincher didn't feature much suspense, as St. Louis scored the first six runs to delight the large contingent of Cardinals fans at American Family Field.

Mikolas (12-13) struck out nine and allowed only four hits and one walk. The Brewers' lone run off him came in the sixth when Rowdy Tellez hit his 34th homer.

Milwaukee trailed 2-0 when starter Adrian Houser (6-10) left due to a strained right groin with one out in the fourth. Brewers manager Craig Counsell said Houser likely will go on the injured list.

The Cardinals grabbed sole possession of first place on Aug. 6 and have been there ever since as part of an exciting season that has included Pujols hitting his 700th career homer, Goldschmidt and Nolan Arenado making MVP arguments and Adam Wainwright and Yadier Molina becoming the most prolific battery in MLB history.

"Extremely magical when you really think about it," manager Oliver Marmol said. "What's more important about all of it is you've got MVP candidates on our corners, you've got Yadi and Waino chasing 325 [starts together], you've got 700 from Albert, and they never made it about themselves. They always pointed toward winning and taking a step toward a championship. That tells you a lot about the character and the culture of this club."

Molina and Pujols already have announced this is their final season. Now that the Cardinals have earned a division title, they want to keep on winning to make sure those veterans go out in style.

"We want them to leave baseball with one more ring, for sure," Mikolas said.

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Tuesday, September 27, 2022

'Pinkwashing': what it is and how to avoid it? | Edexec - Ed Exec

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Support for the LGBT+ community should go beyond changing a company logo

CREDIT: This is an edited version of an article that originally appeared on Management Today

During this year’s Pride Month, the LGBT+ community in the UK came together to celebrate their identity. It also provided an opportunity for allies to show their support. 

This was evident in the world of business – though many of the steps taken by organisations were seen as symbolic, merely token gestures, such as adding a rainbow to company logos, or launching Pride-themed products.

These examples and acts are known by many ‘washing’ variations – ‘pinkwashing’, ‘pridewashing’ or ‘rainbow washing’. For many business leaders, these acts might have seemed like enough, and four weeks is a long time to focus on one marginalised community; however, many LGBT+ people feel as though their issues are forgotten once June is over.

Good intentions are not enough

While many of these companies have good intentions these acts of ‘pinkwashing’ could be seen as only serving to capture additional sales. For example, Marks and Spencer’s ‘pride sandwich’ containing lettuce, guacamole, bacon and tomato, was promoted as having been created to show support for the LGBT+ community, but in reality, many believe it is simply another way to attract customers.

So how can business leaders stop themselves from falling into the ‘pinkwashing’ trap? This needs to begin with education and gaining a better understanding. Performative, empty gestures are not enough and the LGBT+ community is looking for more meaningful actions. In the same way that many companies try to be more inclusive of race and ethnicity, the LGBT+ community want the same courtesy.

The employee experience

Change must come from the top. Leaders cannot delegate these responsibilities to LGBT+ groups as many of them won’t have the time or resources to pull them off.

There are resources out there for leaders who don’t know where to start. They can partner with consulting agencies, such as The Creative Engagement Group, or charities such as Stonewall. This will help leaders gain a better base knowledge of the issues and how they can improve their employee experience. 

Don’t forget to follow us on Twitter like us on Facebook or connect with us on LinkedIn!

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Should You Buy Or Avoid Tesla, Apple And These Other 18 Large Stocks? - Forbes

Monday, September 26, 2022

'SEAL Team': Clay Spenser Survived. Now What? - Military.com

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We're two episodes into season 6 of "SEAL Team," now streaming exclusively on Paramount+, and things are looking very dodgy for Bravo Team. Team leader Jason Hayes is a mess, and the Pentagon is looking to scale back special operations as it reassesses military priorities after the end of the Afghanistan War.

The good news is that Clay Spenser survived his injuries from the ambush in Mali that ended season 5 and dominated the first act of episode one of the current season. The bad news is that his right leg was amputated below the knee, and he's facing a long and difficult rehab as he tries to adjust to a new prosthetic limb.

Related: 'SEAL Team' Is Back for Season 6 to Face the Consequences of That Ambush in Mali

The entire arc of episode one pointed to Clay's death as he struggled to overcome the infected wounds in his shredded leg. Since almost all viewers knew that actor Max Thieriot is playing the lead role in the new CBS series "Fire Country," this seemed like an appropriate moment for his character to die and exit the series. The final scene was a shock, as it showed Clay in recovery after the amputation.

Episode two picks up several months later as Clay is back home in Virginia and working hard at his rehabilitation. His fractured friendship with Sonny (AJ Buckley) is back on track and Clay's wife Stella (Alona Tal) seems prepared to support him as she raises their infant son Brian.

Anyone who's ever watched television knows that Clay's recovery will not continue to go smoothly over the course of the season. Clay will have setbacks, get frustrated and have communication issues with Stella. We'll all just have to watch to find out how things get resolved.

SEAL Team Max Thieriot David Boreanaz
Clay Spenser (Max Thieriot) and Jason Hayes (David Boreanaz) share a beer on "SEAL Team." (Photo: Monty Brinton/Paramount+)

More troubling is the health of team leader Jason Hayes (series star and producer David Boreanaz). After he was diagnosed with a traumatic brain injury in season five, he didn't tell his commanding officers about his condition and has been looking for treatments outside the Navy's medical support staff.

Jason claims that an experimental stem cell treatment is helping a lot, and he's paying $2,000 cash for each treatment so there's no record of what's going on. He's rekindled a romance with Mandy Ellis (Jessica Paré), so her character is back on the show, at least temporarily.

This TBI stem cell therapy is an actual thing in the real world, and while it's shown promising results for some people, it's a long way from being an accepted treatment. Jason's condition, combined with the fact that he's lying to the Navy, seems to be a bomb set to go off at some point this season.

On top of all this, Lisa Davis (Toni Trucks) is now serving on a committee that's analyzing current military readiness and making recommendations for the future. There's a strong sense in the room that the USA has been relying too much on tip-of-the-spear operations at the expense of general military readiness. Lisa has the sense that one or more SEAL teams will be spun down at the end of this process, and the aging Bravo Team seems like a prime candidate for a shutdown.

Related: How to Watch 'SEAL Team' Season 6

Is that enough drama for you? Will Clay get his head together and adapt to life with a prosthetic leg? Will Jason recover from his TBI or suffer the consequences of hiding his condition from the Navy? Will Bravo Team survive?

New episodes stream each Sunday on Paramount+, and we’ve got eight episodes left in this 10-episode season.

The answers depend on whether the "SEAL Team" crew is looking to wrap up the story this year or continue for several years to come. No one connected to the show is dropping any hints, so we'll stand by for news over the next couple of months as season six continues.

Keep Up With the Best in Military Entertainment

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Saturday, September 24, 2022

Cayce Seal Memorial Bass Tournament draws in over 60 contestants - WLOX

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GULFPORT, Miss. (WLOX) - If Cayce Seal were here, he’d likely be fishing on a day like this.

“I couldn’t think of any other way to honor his memory and support his family than to do something like this that he loved to do, and that’s fishing,” said Jesse Williams.

So, Williams organized the Cayce Seal Memorial Bass Tournament to do just that.

About 60 people signed up for the second annual event at Captain Al’s Steak & Seafood in Gulfport.

“We don’t want this to be a money tournament,” Williams said. “We want this to be a ‘memory of Cayce’ tournament. We want Cayce’s children, who were very young when he passed, to see the impact that he had on the Coast community and the fishermen’s lives.”

Seal was an electric utility lineman who lost his life in June 2021.

Williams was a close friend.

“Cayce was a person, when you met him, you learned to love him,” he said. “I mean, if you didn’t like Cayce, you are the problem, is the way I look at it.”

And, that’s a life worth celebrating.

“Cayce always gave the community,” said Cayce’s father, Doug. “When somebody was in need, Cayce was always there to help organize, promote or work behind the scenes for any event that he could to help people. He was always more about giving that receiving.”

It’s been a tough journey for the family.

“I can’t tell you I don’t cry, a lot. Not a lot, but daily,” Doug Seal said. “But, just from missing him. Right? It’s God’s will. It’s God’s plan. Every day, it’s a process. But, we’re blessed. And, we believe in God and have faith. That’s what gets us through it every day.”

Seal said the money raised will help fund scholarships for lineman program at Mississippi Gulf Coast Community College and Pearl River Community College.

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GULFPORT, Miss. (WLOX) - If Cayce Seal were here, he’d likely be fishing on a day like this.

“I couldn’t think of any other way to honor his memory and support his family than to do something like this that he loved to do, and that’s fishing,” said Jesse Williams.

So, Williams organized the Cayce Seal Memorial Bass Tournament to do just that.

About 60 people signed up for the second annual event at Captain Al’s Steak & Seafood in Gulfport.

“We don’t want this to be a money tournament,” Williams said. “We want this to be a ‘memory of Cayce’ tournament. We want Cayce’s children, who were very young when he passed, to see the impact that he had on the Coast community and the fishermen’s lives.”

Seal was an electric utility lineman who lost his life in June 2021.

Williams was a close friend.

“Cayce was a person, when you met him, you learned to love him,” he said. “I mean, if you didn’t like Cayce, you are the problem, is the way I look at it.”

And, that’s a life worth celebrating.

“Cayce always gave the community,” said Cayce’s father, Doug. “When somebody was in need, Cayce was always there to help organize, promote or work behind the scenes for any event that he could to help people. He was always more about giving that receiving.”

It’s been a tough journey for the family.

“I can’t tell you I don’t cry, a lot. Not a lot, but daily,” Doug Seal said. “But, just from missing him. Right? It’s God’s will. It’s God’s plan. Every day, it’s a process. But, we’re blessed. And, we believe in God and have faith. That’s what gets us through it every day.”

Seal said the money raised will help fund scholarships for lineman program at Mississippi Gulf Coast Community College and Pearl River Community College.

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A look into burnout, and how to avoid its wrath - Technique

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A look into burnout, and how to avoid its wrath  Technique

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Friday, September 23, 2022

Seal's debut album reissued – SuperDeluxeEdition - Super Deluxe Edition

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4CD+2LP deluxe • No other physical formats • Trevor Horn’s Atmos Mix consigned to streaming

Seal’s self-titled debut album from 1991 will be reissued in November.

The Trevor Horn-produced long-player launched Seal to international success with songs like ‘Crazy’ (a transatlantic top 10 hit), ‘Future Love Paradise’ and his remake of ‘Killer’ (which he’d originally written and recorded with Adamski).

The album has been remastered for the reissue and Trevor Horn has created a Dolby Atmos Mix (his first, as far as I am aware). Sadly, Warner Music has chosen not to issue the Atmos Mix physically, which is rather frustrating. What they are offering is one big 4CD+2LP deluxe set; there is no other physical format.

The Seal 4CD+2LP deluxe edition (click image to enlarge)

The first CD in this large format set offers the remastered album, while the second and third discs deliver remixes and alternate versions from the various singles along with the so-called ‘Premix’ versions.

These versions are early mixes that were available briefly on early pressings before they were replaced by Horn’s final mixes. CD 4 features the only unreleased content, a previously unreleased 13-track concert performance from Dublin in December 1991. The 2LP vinyl is not available separately and is part of this deluxe. It repeats the remastered album and side 4 is blank, so they’ve put an ‘etching’ on it…

It’s worth remembering that the Seal album has never been reissued in the UK. A CD+DVD deluxe was released in 2005 which included a 5.1 surround sound mix, but that was a US-only release. That mix remains unique to that 17-year old release. The non-physical Atmos Mix, effectively supersedes something that was never available in Britain in the first place!

The Seal 4CD+2LP deluxe is released on 4 November 2022, via Warner Music. I’d encourage you to ‘rate’ this Seal offering by using the widget at the top of this page.

Tracklisting

    • CD 1: Original album remastered
      1. “The Beginning”
      2. “Deep Water”
      3. “Crazy”
      4. “Killer”
      5. “Whirlpool”
      6. “Future Love Paradise”
      7. “Wild”
      8. “Show Me”
      9. “Violet”
    • CD 2: Rare
      1. “Crazy” – Acoustic/Instrumental
      2. “Crazy” – Premix Version
      3. “Killer” – Premix Version
      4. “Violet” – Premix Version
      5. “Wild” – Premix Version
      6. “Deep Water” – Premix Version
      7. “Whirlpool” – Premix Version
      8. “Future Love Paradise” – Reprise
      9. “A Minor Groove”
      10. “Sparkle” – Extended Version
      11. “Deep Water” – Acoustic
    • CD 3: Remixes
      1. “Killer” – Single Edit
      2. “Killer” – William Orbit Remix
      3. “Killer” – William Orbit Dub
      4. “The Beginning” – Single Remix
      5. “The Beginning” – Giro E Giro Mix
      6. “The Beginning” – Round the Underground Dub
      7. “The Beginning” – Round the Underground Mix
      8. “The Beginning” – Roundabout Mix
      9. “Crazy” – Single Mix
      10. “Crazy” – Acapella
      11. “Crazy” – Do You Know the Way to L.A. Mix
      12. “Crazy” – Chick On My Tip Mix
      13. “Krazy”
    • CD 4: Live at The Point, Dublin (December 16, 1991)
      1. “Deep Water” *
      2. “The Beginning” *
      3. “Future Love Paradise” *
      4. “Violet” *
      5. “Show Me” *
      6. “Hey Joe” *
      7. “Killer” *
      8. “Whirlpool” *
      9. “A Minor Groove” *
      10. “Crazy” *
      11. “Wild” *
      12. “Hide” *
      * previously unreleased
    • LP 1
      Side 1
      1. “The Beginning”
      2. “Deep Water”
      3. “Crazy”
      Side 2
      1. “Killer”
      2. “Whirlpool”
      3. “Future Love Paradise”
    • LP 2
      Side 1
      1. “Wild”
      2. “Show Me”
      3. “Violet”
      Side 4
      1. Blank side / Etching

SuperDeluxeEdition.com helps fans around the world discover physical music and discuss releases. To keep the site free, SDE participates in various affiliate programs, including Amazon and earns from qualifying purchases.

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How Diversity, Oversight And Healthy Boundaries Can Stop White-Collar Crime - Forbes

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To more aggressively fight white-collar crime, the Justice Department recently announced new enforcement measures and unveiled incentives for firms to disclose any malfeasance as soon as they become aware of it.

Encouraging firms to divulge known corporate crimes, and punishing them more harshly when they don’t, may be effective. Another approach – encouraging firms to place more women, outsiders, and financial experts on their boards – could cut down on white-collar crime to begin with.

Wrongdoings like accounting fraud, insider trading, and kickback conspiracies can happen when executives face unrelenting performance pressures (which are worsened by some incentive plans) or when executives feel they can rationalize their unethical action — they believe everyone else is doing it too.

Corporate crimes can also occur when boards don’t pay attention or have incomplete information, giving executives opportunities to cut corners or misrepresent their activities. Theranos, the health tech company whose CEO, Elizabeth Holmes, claimed to have developed innovative and accurate blood test devices, may well be the prime example a lax board oversight. At least one Theranos director testified that he relied entirely on Holmes’ verbal claims about the company’s technology. (In January, a jury found Holmes guilty of defrauding investors and lying about the devices.)

How to Ward Off White-Collar Crime

Some board configurations seem to limit opportunities for executives to commit corporate crimes. Here are a few board changes to consider, that may help avoid misconduct:

Add More Women to Corporate Boards. When firms stack their boards with men, misconduct tends to increase; when they add women to their boards, misconduct drops off, according to several recent studies, including one, by a team of European researchers that analyzed bank misconduct fines. One explanation for this may be executives’ overconfidence, a predictor of white-collar crime. Relative to women, men in powerful corporate jobs tend to be more overconfident, if one measures it by how much they overestimate their firms’ returns. That is exactly what a team of researchers from National University of Singapore and Boston College showed.

Executive roles are steppingstones for corporate board positions. When men serve as directors, they may bring their overconfidence to the boardroom. Firms with more men on their boards may not be as vigilant in identifying risks. They may anticipate a narrower range and lower probabilities of negative outcomes from questionable corporate strategies. They may also fail to appreciate all the ramifications from potential problems they spot. With more women directors, boards may develop more comprehensive perspectives.

Firms that include more women on their boards commit fewer white-collar crimes and less serious ones, statistically speaking, possibly because women help calibrate the board’s confidence and risk taking. These are the conclusions from a study by researchers from York University, Open University of Hong Kong, and China Europe International Business School. They agree with other published studies (including one of mine) that show how adding more women to boards can speed up product recalls and reduce corporate discrimination lawsuits.

Avoid Conflicts of Interests.

A board of directors is supposed to watch over and advise the CEO on behalf of the company’s owners or shareholders. But directors who have strong ties to the firm – like executive directors – may have self-interested reasons for not challenging the CEO. That’s why some regulators, including the New York Stock Exchange and Nasdaq, require large public companies to appoint a majority of independent directors who “have no material relationship” with the company.

These requirements don’t necessarily apply to private firms, where barely a third of directors are independent, according to a Crunchbase and HimforHer’s study. Nor do they apply in all countries.

Having an independent audit committee is better insurance against misconduct than independence on the board at-large. With colleagues from McMaster, Georgia State and Lehigh universities, we came to this determination after reviewing and analyzing the data from 135 different studies of various corporate misdeeds – including financial fraud, insider trading, tax evasion, insurance fraud and price discrimination.

Having an entirely independent audit committee is also more effective against fraud than having someone other than the CEO serve as board chair, a tactic that is growing in acceptance according to the Conference Board. For firms listed on exchanges like the NYSE and Nasdaq, the board’s audit committee must be entirely independent. Firms without such requirements would be well served to ensure that their audit committee is as independent as possible.

Ensure Directors Have the Right Expertise and Discourage Chumminess With the CEO.

Boards are better equipped to detect fraud when directors have financial expertise. When financially savvy directors are also materially detached from the firm and sit on boards’ audit committees, boards seem to be especially effective at reining in white-collar crimes, according to University of Alabama and HSBC study.

When directors are familiar with the companies they advise, executives have fewer opportunities to commit corporate crimes. In the Theranos case, directors may have not had sufficient relevant knowledge for evaluating the CEOs claims. For independent directors, gaining knowledge of the inner workings of a firm can be especially difficult. It may require years of serving on a firm’s board. But spending many years on the same board creates a different kind of risk: becoming too friendly with the CEO. When a board is comprised of a CEO’s friends, its directors may not question management’s decisions or call out problems as much.

Adding women to boards, staffing the audit committee exclusively with independent directors, and balancing directors’ knowledge of the firm with an arm’s length relationship to the CEO are important adjustments that have the potential to curtail corporate crime.

If more companies made these adjustments to their boards, the Department of Justice may find there are fewer companies to prosecute with the tougher measures they announced.

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Open-world action adventure game KAKU: Ancient Seal launches in 2023 for PS5, PS4, and PC - Gematsu

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Open-world action adventure fantasy game KAKU: Ancient Seal will launch for PlayStation 5, PlayStation 4, and PC via Steam in 2023, Chinese developer BINGOBELL announced.

A new demo will be made available for PC via Steam starting September 30 at 9:00 p.m. ET / October 1 at 12:00 a.m. ET.

Here is an overview of the game, via BINGOBELL:

KAKU: Ancient Seal lets players navigate their own path through a mysterious continent full of strange creatures, ancient ruins, and unique tribes.

KAKU: Ancient Seal puts players in the role of a young primitive child, Kaku, who’s tasked with going on a journey across a sprawling continent. Accompanied by your pet pig, you’ll have to brave the four elemental regions—Flaming Mountain, Dragon Bone Desert, Misty Swamp, and Windy Snow Field—and conquer their lords if you’re to fulfill your destiny. Most importantly, you’ll have to find food, since your pig pal isn’t for eating.

It will take guts, whits, and skill to unearth the mysteries that lie deep within the ancient ruins of this land. Gather your own weapons, from wood, stone, and metal swords and shields to slingshots and other ranged weaponry. Gain access to multiple costumes and acquire new abilities by defeating bosses and completing quests. Maybe you’ll even make some new friends along the way!

“With KAKU: Ancient Seal we wanted to create a sense of mystery and adventure, where you can forge your own path to victory,” said BINGOBELL producer Brian Wang in a press release. “We offer players little guidance, as we find it more rewarding to experiment and find what works for you. It’s that feeling of freedom and adventure, peppered with small goals all throughout, that we can’t get enough of, and we’re very proud of the strange, varied world we’ve come up with.”

Watch a new trailer below. View a new set of screenshots at the gallery.

Reveal Trailer

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