Legal entity – Southway Corp http://southwaycorp.net/ Thu, 21 Oct 2021 15:49:13 +0000 en-US hourly 1 https://wordpress.org/?v=5.8 https://southwaycorp.net/wp-content/uploads/2021/10/southway.png Legal entity – Southway Corp http://southwaycorp.net/ 32 32 Prosecutor: Giuliani’s associate intends to circumvent campaign laws | New York News https://southwaycorp.net/prosecutor-giulianis-associate-intends-to-circumvent-campaign-laws-new-york-news/ https://southwaycorp.net/prosecutor-giulianis-associate-intends-to-circumvent-campaign-laws-new-york-news/#respond Thu, 21 Oct 2021 15:29:00 +0000 https://southwaycorp.net/prosecutor-giulianis-associate-intends-to-circumvent-campaign-laws-new-york-news/ By LARRY NEUMEISTER, Associated Press NEW YORK (AP) – An associate of Rudy Giuliani devised a scheme to funnel $ 1 million in funds from a wealthy Russian financier to the US election knowing full well he was breaking campaign finance laws, he said. a prosecutor said Thursday during oral argument at a federal trial. […]]]>

By LARRY NEUMEISTER, Associated Press

NEW YORK (AP) – An associate of Rudy Giuliani devised a scheme to funnel $ 1 million in funds from a wealthy Russian financier to the US election knowing full well he was breaking campaign finance laws, he said. a prosecutor said Thursday during oral argument at a federal trial.

The evidence shows that Lev Parnas and a co-defendant, Andrey Kukushkin, used “lies and tricks” to cover up the source of the money, Assistant US Attorney Hagan Scotten told a New York City jury.

Parnas made a series of straw donations despite being “told over and over again that he couldn’t give someone else’s money,” Scotten said.

The accused lied to financier Andrey Muraviev about the amount he was actually giving, the prosecutor said. He also did not keep his promises to the candidates, he added.

Political cartoons

“Put simply, Parnas is scamming everyone,” he said.

Defense lawyers were due to present their arguments later Thursday.

Florida businessman Parnas and Kukushkin have pleaded not guilty to conspiring to use Muraviev’s investment to help politicians they believe could advance their business interests, including an energy company and startups legal issues in the marijuana industry. Giuliani is not charged in the case.

Parnas and another Soviet-born Florida businessman who previously pleaded guilty to the case, Igor Fruman, first caught the attention of reporters and investigators after making large donations through of a legal person to Republican political committees, including a donation of $ 325,000 in 2018 to America First Action, a super PAC supporting Donald Trump.

The couple went on to become intermediaries in Giuliani’s efforts to discredit then-candidate Joe Biden. They put Giuliani in touch with Ukrainian officials as the former New York mayor tried to get that country to open an investigation into the future president’s son, Hunter. Ukrainian tycoons and officials, meanwhile, have enlisted Giuliani’s help in connecting with the Trump administration.

Although Giuliani is not indicted in this case, he is under investigation in New York as to whether he was required to register as an agent of a foreign government for actions he said he had taken in his capacity as private attorney for then President Trump.

Copyright 2021 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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Will policy makers put Pandora’s papers back in the box? | Pandora Papers https://southwaycorp.net/will-policy-makers-put-pandoras-papers-back-in-the-box-pandora-papers/ https://southwaycorp.net/will-policy-makers-put-pandoras-papers-back-in-the-box-pandora-papers/#respond Wed, 20 Oct 2021 14:53:28 +0000 https://southwaycorp.net/will-policy-makers-put-pandoras-papers-back-in-the-box-pandora-papers/ In early October, the International Consortium of Investigative Journalists, along with a number of media partners, released the Pandora Papers, which revealed some of the trillions hidden in tax havens by politicians, government officials and politicians. celebrities, in particular. These leaks tell us, once again, that financial secrecy is at the heart of the global […]]]>

In early October, the International Consortium of Investigative Journalists, along with a number of media partners, released the Pandora Papers, which revealed some of the trillions hidden in tax havens by politicians, government officials and politicians. celebrities, in particular.

These leaks tell us, once again, that financial secrecy is at the heart of the global economy and runs like poison through the veins of our political systems. This institutional corruption does not make progress impossible, but it does mean that responses to growing public anger over revelations of the leaks will only be successful if they are accurate and forensic. Policy makers must put in place measures to ensure continued accountability of the main actors in these abuses, including themselves.

Currently disclosed hidden assets and secret revenues are only a small portion of what is in the nearly 3 terabyte cache of documents from 14 different professional service companies around the world. And the documents total only a tiny fraction of the estimated $ 11 trillion in undeclared assets held abroad around the world, generating annual tax losses of $ 182 billion.

Individual names and specific cases can do more to grab public attention than these insanely high numbers: 35 world leaders, past and present; more than 300 public officials from nearly 100 countries; more than 100 billionaires, plus a multitude of celebrities.

The Pandora Papers have brought public and media attention back to the shameful issue of financial secrecy. Every previous leak (including LuxLeaks, Panama Papers, and Paradise Papers) has created a similar spike of interest. And, as that peak then passes, the underlying level of public engagement and concern of policymakers has remained higher with each passing time.

The challenge is to transform this commitment and concern into comprehensive action. As researcher and writer Zuhumnan Dapel put it, what can we do “when those in charge of the tools – the policies and the government’s willingness to thwart the dirty money network – seem to be among the primary beneficiaries of the status quo ? ? “

Financial secrecy – the central challenge

The past two decades have seen substantial changes in the context of international politics. When the Tax Justice Network was established in 2003, we began to build the political platform known as the ABC of Tax Transparency.

A is for the automatic exchange of financial information – so that each tax authority is made aware of the foreign bank accounts of its own taxpayers, making simple tax evasion much less common.

B stands for beneficial ownership transparency, demanding public records of the warm-blooded human beings behind companies, trusts and foundations, to end the damage caused by anonymous ownership.

And that is for country-by-country reports, a simple measure to ensure that multinational companies publish data that can reveal the extent of profit shifting.

Each element was initially dismissed as utopian and unrealistic. But the attitude changes began with the efforts of the global movement for tax justice and the momentum for progress that followed the 2008 financial crisis. The G8 group of countries summit in 2013 gave broad support to the three. elements in principle, and practical steps have been taken towards the introduction of each.

Since 2012, the High Level Panel on Illicit Financial Flows from Africa, supported by the African Union and the Economic Commission for Africa, has been working to mobilize political support to end these abuses through the continent and beyond. The panel’s final report established the scale of illicit flows and the damage they can cause to governance. He also confirmed the centrality of ABC measures and laid the groundwork for adopting a global target to reduce illicit flows as part of the United Nations Sustainable Development Goals.

The panel also provided an important defining statement, recognizing that the common characteristic of illicit financial flows is that they are hidden. This is true whether it is about illicit tax-related flows (masking tax abuses by multinational companies or individuals with offshore interests); with other trade flows (masking market dominance, for example, or the true origin of investments); or with the laundering of the proceeds of crime – from drug trafficking and human trafficking to bribery of public officials and theft of public property.

Financial secrecy is therefore the crucial facilitator of illicit flows. Continued progress in dismantling is essential to ensure accountability and a controlled reduction in tax abuse and other criminal and corrupt activities.

Wolves guarding the chickens?

However, the change has been painfully slow. Lobbying by multinational corporations and professional enablers – bankers, lawyers and accountants – has undoubtedly undermined efforts to bring transparency to the global financial system. In addition to this, decisions on key policy reforms are largely taken within the Organization for Economic Co-operation and Development (OECD) or related organizations. Our research shows that this is very problematic.

The Financial Secrecy Index, which we first published in 2009 and updated every two years, rates jurisdictions against a wide range of objectively verifiable criteria (including the ABC). The 2020 index saw the United States climb above Switzerland to second place, with Cayman the highest ranked secrecy threat. The UK and its network of Overseas Territories and Crown Dependencies would clearly rank first if treated as a single entity.

In total, OECD countries and their dependencies together are responsible for about half of all financial secrecy risks, according to the index. The State of Tax Justice 2020 estimates that the same group is responsible for 59% of the $ 182 billion the world loses each year due to private offshore tax evasion. Dr Dereje Alemayehu of the Global Alliance for Tax Justice summed up the concerns: “Trust the OECD to define [tax] rules… it’s like trusting a pack of wolves to build a fence around your chicken coop.

In addition to the role of OECD members, there are national dynamics exposed by the Pandora Papers. In many countries, elites, including policymakers, are among the primary users, or abusers, of financial secrecy.

As Professor Brooke Harrington, the leading sociologist studying the wealth concealment industry, wrote, financial secrecy offers “something even more attractive and dangerous. [than tax avoidance], which is the avoidance of the law in general. To the already rich and powerful, offshore offers a kind of superpower: impunity.

So who keeps the wolves?

Take responsibility

Fortunately, we have the answers we need. We know the main actors and jurisdictions responsible for financial secrecy. We know the mechanisms that can ensure consistent accountability, rather than relying on sporadic leaks. And earlier this year, a new high-level panel – the United Nations Panel on Financial Accountability, Transparency and Integrity (FACTI) – made recommendations for precisely the comprehensive changes that are needed.

It recommends the full implementation of the ABC of Tax Transparency, acknowledging the failures so far and how low-income countries are particularly excluded from the benefits.

The provisions relating to the transparency of beneficial owners are fundamental. Public records of the natural person (the warm-blooded human being) behind every legal entity would end the need for leaks – and improve the functioning of markets, as well as taxes and other regulations. An important step would be to hold professional facilitators accountable by requiring disclosure of the beneficial owners of any structures that lawyers and others help establish and by imposing criminal penalties for non-compliance.

The FACTI panel also presents global architectural reforms to end impunity for illicit financial flows.

In addition to a global asset register, to join the national registries of beneficial owners, three elements are essential. A tax rights watchdog – originally proposed in my book The Uncounted – would collect and publish country-level data to provide annual accountability to jurisdictions ensuring secrecy and encouraging its abuse. A United Nations Framework Tax Convention would provide the basis for full CBA implementation, including making states accountable for meeting these commitments. It could also create space for inclusive negotiations on a global scale in the future through an intergovernmental fiscal body.

At the technical level, the solutions are within reach. Only political blockages remain – those of the elites and jurisdictions that profit from the abuses.

In the 1995 film The Quick and the Dead, villainous John Herod controls a small town and its fearful citizens. The character sums up the threat: “As I always say, put a fox in the hen house and you will have chicken for dinner every time.

If we, the citizens of the world, don’t want this every time – more leaks, more outrage and continued impunity – then the agenda is clear. Now is the time for global tax justice.

The opinions expressed in this article are those of the author and do not necessarily reflect the editorial position of Al Jazeera.


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J&J asylum seekers fail to prevent potential Talc bankruptcy https://southwaycorp.net/jj-asylum-seekers-fail-to-prevent-potential-talc-bankruptcy/ https://southwaycorp.net/jj-asylum-seekers-fail-to-prevent-potential-talc-bankruptcy/#respond Tue, 19 Oct 2021 15:27:26 +0000 https://southwaycorp.net/jj-asylum-seekers-fail-to-prevent-potential-talc-bankruptcy/ Delaware judge refused to bar Johnson & Johnson from separating talc-related liabilities from the rest of its business, ruling against personal injury lawyers who feared the company would file thousands of cancer claims to try to get settlements. Judge Laurie Selber Silverstein of the U.S. Bankruptcy Court in Wilmington, Del., On Thursday did not prevent […]]]>

Delaware judge refused to bar Johnson & Johnson from separating talc-related liabilities from the rest of its business, ruling against personal injury lawyers who feared the company would file thousands of cancer claims to try to get settlements.

Judge Laurie Selber Silverstein of the U.S. Bankruptcy Court in Wilmington, Del., On Thursday did not prevent J&J from segregating talc-related liabilities from other assets, a corporate decision that the plaintiffs see compensation as a likely first step toward filing tens of thousands of tort claims. in chapter 11.

In July, the healthcare company faced around 34,600 lawsuits linking its talc-based baby powder to ovarian cancer, asbestos cancer and other illnesses. During settlement negotiations, the company said it could isolate its talc responsibilities within a new legal entity that could then file for bankruptcy, the Wall Street Journal reported last month.

The separation of tort liability from company assets is possible under Texas law through so-called divisional or separative mergers. They were used by several companies facing a large number of asbestos-related claims in recent years to partition these liabilities into newly formed units which were then placed in Chapter 11.

J&J has not disclosed any strategy for the talc lawsuits other than to defend the safety of its products in the pending cases. The company has also not denied that a merger that divides over its talc responsibilities is a possibility, Judge Silverstein said earlier this week.

The claimants have said it would be a first step towards shifting talc responsibilities in bankruptcy proceedings, protecting J&J from further jury trials. Talc claimants have asked to hold J&J on the theory that its alleged strategy would undermine the reorganization efforts of another company, Imerys Talc America Inc., which mined and supplied talc for J&J for decades before it went bankrupt in 2019.

On Thursday, the judge said the plaintiffs did not have the legal capacity to seek such an injunction against J&J because they had no vested interest in the contractual agreements between the company and Imerys.

J&J lawyer Diane Sullivan said the court “rightly rejected the plaintiffs’ request to prevent J&J from engaging in legitimate business transactions, should it choose to do so.”

“This was another frivolous attempt by the plaintiffs’ emergency lawyers to try to coerce J&J to settle their case as J&J continues to defend the safety of its products in court,” Ms. Sullivan.

The judge’s ruling went against a committee appointed during Imerys’ bankruptcy to represent people who allege they developed diseases such as ovarian cancer and mesothelioma after being exposed to the products J&J talcum based powder such as baby powder and Shower to Shower.

J&J said its talcum powder, which it stopped selling in the United States and Canada last year, is safe and does not cause cancer, and that many tests over the past 40 years have failed did not show the presence of asbestos.

J&J remains under scrutiny for its intentions to overcome the talc dispute. A House oversight subcommittee last month asked J&J for documents and information on any company considering bankrupting a subsidiary. Earlier this week, another group of cancer victims filed a petition in a Missouri state court to bar the company from a divisive merger.

Damage attorneys fear that moving tort claims from state court to bankruptcy may favor J&J, which could benefit from a stay of litigation even if only one affiliate files the Chapter 11 case, according to reports. legal experts. Bankruptcy filings typically put an end to tort cases and discovery proceedings, creating a one-stop forum for companies with large debts to negotiate a restructuring.

“We will carefully review Judge Silverstein’s ruling and take our next steps,” said Andy Birchfield, one of the attorneys who filed the talcum lawsuit. “For now, that fight is moving to a Missouri court where a judge will consider our urgent request to stop any abuse of bankruptcy planned by J&J.”

Imerys, named alongside J&J in talc lawsuits, sold its core Chapter 11 business and proposed a bankruptcy plan to resolve its share of liability on current and future claims. To fund the compensation of Imerys’ claimants, the directors assert its alleged rights to compensation, or reimbursement, from J&J for the costs of defending and settling injury claims. The claimants’ committee argued that a conflicting merger of J&J could prevent or delay Imerys from receiving this compensation.

J&J denies owing Imerys any compensation and has argued in court documents that its corporate governance should not be “hijacked” on the basis of hypothetical damage and speculation about the possible effect of a conflicting merger .

Judge Silverstein said Thursday that J&J assets are not owned by Imerys and Imerys’ contractual rights are not waived in a conflicting merger scenario. If J&J cannot honor its obligations after a divisive merger, Imerys has other “back-up avenues”, the judge said.

The use of separative mergers before filing for bankruptcy has been controversial when it aims to address asbestos liabilities. Earlier this month, a North Carolina bankruptcy judge rendered two rulings that creditworthy companies may have gone too far in creating near-empty ships to shift asbestos-related responsibilities to Chapter 11.

Some Congressional Democrats have proposed cracking down on the use of mergers that divide before bankruptcies. Legislation sponsored by Senator Elizabeth Warren (D., Mass.) And other Democratic lawmakers would require the rejection of bankruptcy cases arising from divisional mergers in certain circumstances.

Write to Andrew Scurria at Andrew.Scurria@wsj.com and Becky Yerak at becky.yerak@wsj.com

Corrections and amplifications
Johnson & Johnson no longer sells baby powder containing talc in the United States and Canada, but still sells the product in other countries. An earlier version of this article incorrectly stated that the company had completely stopped selling the product. (Corrected October 19)

Copyright © 2021 Dow Jones & Company, Inc. All rights reserved. 87990cbe856818d5eddac44c7b1cdeb8


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ProSiebenSat.1 Media SE: Authorization in accordance with Art.40 Section 1 of the WpHG [the German Securities Trading Act] with the objective of distribution on a European scale https://southwaycorp.net/prosiebensat-1-media-se-authorization-in-accordance-with-art-40-section-1-of-the-wphg-the-german-securities-trading-act-with-the-objective-of-distribution-on-a-european-scale/ https://southwaycorp.net/prosiebensat-1-media-se-authorization-in-accordance-with-art-40-section-1-of-the-wphg-the-german-securities-trading-act-with-the-objective-of-distribution-on-a-european-scale/#respond Mon, 18 Oct 2021 16:06:04 +0000 https://southwaycorp.net/prosiebensat-1-media-se-authorization-in-accordance-with-art-40-section-1-of-the-wphg-the-german-securities-trading-act-with-the-objective-of-distribution-on-a-european-scale/ Announcement of DGAP voting rights: ProSiebenSat.1 Media SE ProSiebenSat.1 Media SE: communicated in accordance with article 40, section 1 of the WpHG [the German Securities Trading Act] with the aim of dissemination at European level 2021-10-18 / 18:05 Dissemination of an announcement on voting rights transmitted by DGAP – a service of EQS Group AG. […]]]>

Announcement of DGAP voting rights: ProSiebenSat.1 Media SE ProSiebenSat.1 Media SE: communicated in accordance with article 40, section 1 of the WpHG [the German Securities Trading Act] with the aim of dissemination at European level 2021-10-18 / 18:05 Dissemination of an announcement on voting rights transmitted by DGAP – a service of EQS Group AG. The issuer is solely responsible for the content of this advertisement.

————————————————– ————————————————– ——————-

Notification of major holdings 1. Issuer contact details

 
 
 Name:                           ProSiebenSat.1 Media SE 
 
 Street:                         Medienallee 7 
 
 Postal code:                    85774 
 
 City:                           Unterföhring 
                                 Germany 
 
 Legal Entity Identifier (LEI):  529900NY0WWQUKOMWQ37 
 2. Reason for notification 
 
 
               Acquisition/disposal of shares with voting rights 
 
               Acquisition/disposal of instruments 
 
               Change of breakdown of voting rights 
 
               Other reason: 
 X             voluntary group notification due to threshold triggered on subsidiary level by exercise of financial 
               instruments 
 3. Details of person subject to the notification obligation 
 
 
 Natural person (first name, surname): Silvio Berlusconi 
 Date of birth: 29 Sep 1936 
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 Mediaset S.p.A., Mediaset España Comunicación, S.A. 
 5. Date on which threshold was crossed or reached: 
 
 
 15 Oct 2021 
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                       % of voting rights % of voting rights through     Total of 
                       attached to shares                instruments    both in %        Total number of voting rights 
                          (total of 7.a.)   (total of 7.b.1 + 7.b.2)      (7.a. +             pursuant to Sec. 41 WpHG 
                                                                            7.b.) 
 
 New                              17.83 %                     5.70 %      23.53 %                            233000000 
 
 Previous                         16.23 %                     7.30 %      23.53 %                                    / 
 notification 
 7. Details on total positions a. Voting rights attached to shares (Sec. 33, 34 WpHG) 
 
 
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                       Direct       Indirect         Direct       Indirect 
               (Sec. 33 WpHG) (Sec. 34 WpHG) (Sec. 33 WpHG) (Sec. 34 WpHG) 
 
 DE000PSM7770               0       41543516         0.00 %        17.83 % 
 
 Total                   41543516                       17.83 % 
 b.1. Instruments according to Sec. 38 (1) no. 1 WpHG 
 
 
 Type of instrument            Expiration or maturity   Exercise or conversion          Voting rights Voting rights in 
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 recall) 
 
                                                        Total                                13289484           5.70 % 
 b.2. Instruments according to Sec. 38 (1) no. 2 WpHG 
 
 
 Type of        Expiration or maturity Exercise or conversion  Cash or physical            Voting rights  Voting rights 
 instrument     date                   period                  settlement                       absolute           in % 
 
                                                                                                       0         0.00 % 
 
                                                               Total                                   0         0.00 % 
 8. Information in relation to the person subject to the notification obligation 
 
 
               Person subject to the notification obligation is not controlled nor does it control any other 
               undertaking(s) that directly or indirectly hold(s) an interest in the (underlying) issuer (1.). 
 
 X             Full chain of controlled undertakings starting with the ultimate controlling natural person or legal 
               entity: 
 
 
 
 Name                        % of voting rights (if at  % of voting rights through instruments    Total of both (if at 
                                     least 3% or more)                (if at least 5% or more)       least 5% or more) 
 
 Silvio Berlusconi                                   %                                       %                       % 
 
 Finanziaria d'investimento                          %                                       %                       % 
 Fininvest S.p.A. 
 
 Mediaset S.p.A.                                8.10 %                                       %                 10.35 % 
 
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  Proportion of voting rights Proportion of instruments Total of both 
 
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 Date 
 
 
 15 Oct 2021 
 

————————————————– ————————————————– ——————-

2021-10-18 DGAP’s distribution services include regulatory announcements, financial / corporate news and press releases. Archives on www.dgap.de

————————————————– ————————————————– ——————-

Language:     English 
Company:      ProSiebenSat.1 Media SE 
              Medienallee 7 
              85774 Unterföhring 
              Germany 
Internet:     www.prosiebensat1.com 
 
End of News   DGAP News Service 
=------------ 

1241321 2021-10-18

Image link: https://eqs-cockpit.com/cgi-bin/fncls.ssp?fn=show_t_gif&application_id=1241321&application_name=news

(END) Dow Jones Newswires

October 18, 2021 12:05 p.m. ET (4:05 p.m. GMT)


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LEGAL CORNER: Steps to Protecting Landowner Liability | Opinion https://southwaycorp.net/legal-corner-steps-to-protecting-landowner-liability-opinion/ https://southwaycorp.net/legal-corner-steps-to-protecting-landowner-liability-opinion/#respond Sun, 17 Oct 2021 15:00:00 +0000 https://southwaycorp.net/legal-corner-steps-to-protecting-landowner-liability-opinion/ Editor’s Note: The information in this column is not intended to provide legal advice, but to provide a general understanding of the law. All readers with a legal problem, including those whose questions are discussed here, should consult a lawyer for advice on their particular situation. In my last column, I talked about the liability […]]]>

Editor’s Note: The information in this column is not intended to provide legal advice, but to provide a general understanding of the law. All readers with a legal problem, including those whose questions are discussed here, should consult a lawyer for advice on their particular situation.

In my last column, I talked about the liability of landowners. This week, I’m going to discuss a few steps that should give a landowner the best opportunity to avoid being held accountable.

There are a number of steps a landowner must take into consideration in order to protect against liability. It is important to note that there is no magic solution that will ensure that a landowner will never be responsible for injuries. In addition, there is nothing a landowner can do to prevent someone from filing a complaint against the landowner.

Liability insurance

The most important step a landowner can take to protect their operation is to purchase liability insurance. Every property owner should have a liability insurance policy covering all activities that take place on the property. For example, if a landowner has purchased a farm and ranch insurance policy for his cattle operation, but also carries out other activities such as renting the property for deer or bird hunting, the landowner must consult their insurance agent to confirm that additional activities are covered.

The amount of insurance coverage depends on the activity taking place on the property and the location. Landowners should consider the level of risk associated with their operation. For example, a Northwest Texas farm (in the middle of nowhere) that does not host any events or has no guests would likely need a lower amount of coverage than a breeder in eastern Texas, just north of Houston (populated area) which rents day hunts for deer or birds. Talking about the details of an operation with an insurance agent will help a property owner determine the right level of coverage. You should also discuss any endorsements and exclusions that may be contained in your liability policy.

Identify dangerous conditions in the field

As I pointed out in my previous column, Landowner Liability, a landowner has certain obligations to a person on their property. While a landowner is only required to perform a reasonable inspection and make sure or warn of unsafe conditions for a guest, doing so for everyone can help prevent injury altogether. Landowners should think about their properties and seek to identify any potentially dangerous situations. Once these conditions have been identified, owners must take care to warn visitors or to bring them to safety.

Obtain written disclaimers

Disclaimers or disclaimers are simply documents signed by clients agreeing that they will not hold a landowner liable for injuries that occur on the property. Texas courts will generally apply this type of waiver if it is drafted in a manner that complies with Texas law.

Texas courts require that disclaimers be visible and comply with the doctrine of express negligence. These requirements are in place to ensure that a person signing a waiver has fair notice and understands what they are committing to.

The language required in disclaimers must meet very specific requirements and you should therefore consult a lawyer when drafting them. Releases should identify the activity involved and common hazards. Again, it is recommended to seek professional help from a lawyer when drafting them.

Consider using a business entity structure

Another way to limit the potential exposure to liability is to consider outsourcing your land and / or assets to a business entity offering limited liability. This would include a corporation, limited liability company, limited partnership or trust. These entities must be properly formed and managed properly. Many people try to form such entities themselves and / or manage them inappropriately. Failure to do either correctly is fatal to the entity and the landowner would lose liability protection. Factors such as ease of creation, complexity of management, and taxability all need to be taken into account. Hence, this is another area in which to seek legal advice and expertise. When formed and managed properly, these entities can provide limited liability for a landowner if someone is injured on property owned by the entity.

Does a limited liability law apply?

Texas has three limited liability laws: the Recreational Use Act, the Texas Agritourism Act, and the Texas Farm Animal Liability Act. These laws may apply depending on the activities the owner carries out on his property. However, each status has its own specific requirements. For example, are fees charged, do property taxes paid exceed fees, adequate insurance coverage, and do signs need to be posted? Therefore, the landowner should familiarize himself with the requirements of each law and consult a lawyer.

All property owners should be aware of the potential risk of liability if someone is injured on their property. A personal injury lawsuit can be difficult, time consuming and expensive to defend. However, there are a number of steps that can be taken to prevent injury in the first place and to limit potential exposure in the event one does occur. It is very important to consult a lawyer familiar with real estate and business law to help you in this area.

Sam A. Moak is a lawyer with the Huntsville law firm of Moak & Moak, PC. He is licensed to practice in all areas of law by the Supreme Court of Texas, is a member of State Bar College, and a member of the Real Estate, Estates and Trusts Law Section of the State Bar of Texas.


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Legal-Ease: Rights as co-owner https://southwaycorp.net/legal-ease-rights-as-co-owner/ https://southwaycorp.net/legal-ease-rights-as-co-owner/#respond Sat, 16 Oct 2021 13:00:23 +0000 https://southwaycorp.net/legal-ease-rights-as-co-owner/ Many people own real estate with one or more other people. This often happens when a group of people buy a property together or inherit a property together. Co-ownership of real estate is generally “undivided,” which means that even if a piece of property has two owners and includes only two acres, no acre is […]]]>

Many people own real estate with one or more other people. This often happens when a group of people buy a property together or inherit a property together.

Co-ownership of real estate is generally “undivided,” which means that even if a piece of property has two owners and includes only two acres, no acre is specifically owned by either of the co-owners. . While there are different types of real estate co-ownership, there are specific and unique laws that govern most types of undivided real estate co-ownership.

First, when several people are co-owners of an undivided asset, any one of these persons is legally entitled to own the entire asset, almost on a “first come, first served” basis. However, if a co-owner uses all of the condominium property, that user co-owner is required to fairly pay proportional rent to the other co-owners. This means that any co-owner can also lease (to non-owners) the condominium property provided that the tenant co-owner proportionately shares the rent with the other co-owners.

For example, if I own an undivided third of a certain agricultural field, I can farm that field, but I have to pay two-thirds of the fair market rent to the other two co-owners.

Likewise, if I am not a farmer but own an undivided third party of a certain agricultural field, I will probably be able to lease that field to a tenant (and effectively prevent other co-owners from doing so) as long as I pay both. third of the rent at fair market value to other co-owners.

Second, the undivided interests in real estate can be legally sold or transferred, if a buyer can actually be found. So if I inherit a seventh interest in a house, I can usually sell or transfer that seventh interest to almost anyone else, and the co-owners have no ability to stop or prevent this transfer.

Third, any co-owner of a property can file a specific type of appeal for the property to be divided into shares proportional to the co-ownership. In this lawsuit, if it is determined that the property cannot be divided equally in proportion to the property (as is the case with a house that cannot be “divided”), a co-owner can force a sale to the owners. public auction of the property.

The unique rules regarding the co-ownership of real estate are sometimes incompatible with the hopes and wishes of the co-owners or others who created the co-ownership. For example, a parent may give property to more than one of their children with the expectation that the children will not sell their interests or subdivide their interests in the real estate.

Usually, the easiest way to create a real estate condominium while changing or eliminating the condominium rules and mechanisms explained above is for the co-owners to own an entity (like an LLC) that owns the real estate. The LLC’s operating agreement may then prohibit the subdivision of the real estate and may limit or prohibit the sale of the undivided interests. The LLC’s operating contract may also regulate and organize the access and use of the property by the co-owners.

Lee R. Schroeder

Lee R. Schroeder is a Licensed Ohio Lawyer with Schroeder Law LLC in Putnam County. He limits his practice to business, real estate, estate planning, and agriculture in Northwestern Ohio. He can be reached at Lee@LeeSchroeder.com or 419-659-2058. This article is not intended to serve as legal advice, and specific advice should be sought from the licensed lawyer of your choice based on the specific facts and circumstances you are facing.


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J&J bankrupt talc liabilities https://southwaycorp.net/jj-bankrupt-talc-liabilities/ https://southwaycorp.net/jj-bankrupt-talc-liabilities/#respond Fri, 15 Oct 2021 15:50:00 +0000 https://southwaycorp.net/jj-bankrupt-talc-liabilities/ Oct. 14 (Reuters) – Johnson & Johnson (JNJ.N) filed for bankruptcy on Thursday tens of thousands of lawsuits alleging its baby powder and other talcum products caused cancer, offloading liability potential in a newly created subsidiary. J&J has placed the claims over the talc in an entity called LTL Management LLC, which filed for bankruptcy […]]]>

Oct. 14 (Reuters) – Johnson & Johnson (JNJ.N) filed for bankruptcy on Thursday tens of thousands of lawsuits alleging its baby powder and other talcum products caused cancer, offloading liability potential in a newly created subsidiary.

J&J has placed the claims over the talc in an entity called LTL Management LLC, which filed for bankruptcy in North Carolina on Thursday, according to the company and court records. J&J and its affiliates were not part of the bankruptcy filing.

Tens of thousands of plaintiffs have alleged that J & J’s baby powder and other talc-based products contained asbestos and caused cancer, which the company denies. The plaintiffs include women with ovarian cancer and others battling mesothelioma.

J&J executed Thursday’s business reshuffle through a controversial legal move known as two-stage bankruptcy in Texas, a strategy used by other companies facing asbestos-related litigation.

In this process, a J&J company split into two by a so-called divisional merger under Texas law. The transaction created LTL, the new entity grappling with J & J’s talc liabilities, according to court documents filed Thursday.

J&J, with a market value of over $ 400 billion, said the talc business would be halted while LTL filed for bankruptcy.

The company’s costs to defend nearly 40,000 cases have approached $ 1 billion, according to files filed in bankruptcy court Thursday. The settlements and verdicts cost J&J an additional $ 3.5 billion.

“We are taking these steps to provide certainty for all parties involved in the cosmetic talc cases,” J&J General Counsel Michael Ullmann said in a statement.

“While we continue to be a strong advocate for the safety of our talcum cosmetic products, we believe that resolving this issue as quickly and efficiently as possible is in the best interest of (the company) and all stakeholders,” Ullmann added.

Lawyers for the plaintiffs decried the bankruptcy filing. The “J&J bankruptcy gimmick is as despicable as it is brazen” and “an unreasonable abuse of the legal system,” Linda Lipsen, executive director of the American Association for Justice, a group of litigators, said in a statement.

J&J said it would fund LTL’s legal fees for the talc cases in an amount later determined by a bankruptcy judge, with an initial advance of $ 2 billion. LTL has also received certain sources of royalty income with a current value of over $ 350 million to help with potential legal fees, J&J said.

HIGH-STAKE LITIGATION

Reuters first reported in July that J&J was considering discharging its talcum obligations and filing them for bankruptcy.

Thursday’s ruling moved J&J’s high-stakes talc safety litigation from courtrooms across the United States to legal proceedings before a federal bankruptcy judge that could potentially force a settlement between the premier company. order and complainants.

In previous settlement discussions, a lawyer for J&J told plaintiffs’ attorneys the company could pursue the bankruptcy plan, which could lead to lower payments for cases that are not settled in advance. , Reuters previously reported.

In the weeks leading up to Thursday’s bankruptcy filing, lawyers representing women with cancer called on several judges to bar J&J from carrying out such a maneuver, but they were dismissed.

The company has argued in statements and in court proceedings over the summer that it has not decided whether or not to continue with the maneuver.

A Reuters investigation in 2018 found that J&J had known for decades that asbestos, a known carcinogen, was lurking in its baby powder and other talc-based cosmetics. The company stopped selling baby powder in the United States and Canada in May 2020, in part because of what it called “misinformation” and “unfounded claims” about the product. talc.

J&J maintains that its talcum-based consumer products are safe and confirmed by thousands of tests to be asbestos-free.

In bankruptcy court documents, lawyers for the newly formed J&J subsidiary said the Chapter 11 filing was “necessary by a relentless assault on the plaintiff’s bar, based on false claims that talc products contain asbestos and cause cancer “.

In June, the United States Supreme Court refused to hear J&J’s appeal against a Missouri court ruling that resulted in the award of $ 2 billion in damages to women alleging that talcum powder in l company had caused their ovarian cancer.

J&J has prevailed in other recent talc cases.

Reporting by Mike Spector in New York and Dan Levine in San Francisco; Additional reporting by Amruta Khandekar and Nate Raymond in Boston; Editing by Peter Cooney and Cynthia Osterman

Our standards: Thomson Reuters Trust Principles.


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Twice Targeted Russian Media Lawyer Is “Foreign Agent” Defending “Foreign Agents” https://southwaycorp.net/twice-targeted-russian-media-lawyer-is-foreign-agent-defending-foreign-agents/ https://southwaycorp.net/twice-targeted-russian-media-lawyer-is-foreign-agent-defending-foreign-agents/#respond Tue, 12 Oct 2021 16:46:37 +0000 https://southwaycorp.net/twice-targeted-russian-media-lawyer-is-foreign-agent-defending-foreign-agents/ VORONEZH, Russia – During the long years of his drivel, Soviet leader Leonid Brezhnev has often been ridiculed for the ever-growing row of Soviet Union Heroes stars blossoming on his chest. By the time of his death in 1982, he had accumulated four of the medals. Media defense lawyer Galina Arapova says she now feels […]]]>

VORONEZH, Russia – During the long years of his drivel, Soviet leader Leonid Brezhnev has often been ridiculed for the ever-growing row of Soviet Union Heroes stars blossoming on his chest. By the time of his death in 1982, he had accumulated four of the medals.

Media defense lawyer Galina Arapova says she now feels a bit like Brezhnev, having become the first person designated by the Russian government as a “foreign agent” not once, but twice. The first designation came in 2018 when the non-governmental Mass Media Defense Center she heads was put on the list. The second came on October 8, when the lawyer herself was named as having a “foreign agent news outlet.”

But it won’t stop there, apparently: the individual designation means that under controversial Russian law she will have to create a legal entity to handle the government’s reporting requirements – and that entity itself will automatically become another. “foreign agent”. . “

“It’s a bit like a nesting doll”, Arapova she told the North.Realities Desk of RFE / RL’s Russian service.. “You accumulate these names like Hero of the Soviet Union stars. “

The 49-year-old native of Voronezh can add these latest titles to previous accolades she has won with the Moscow Helsinki Group, the Russian Union of Journalists and other human rights and civil society organizations . In addition, she was a member of the Russian Press Council, a member of the board of directors of the European Center for Press and Media Freedom, a member of the International High Level Group of Legal Experts on Media Freedom and Director of the London-based media freedom organization Article 19.

When she became the only Russian lawyer to win the International Bar Association award for “outstanding contribution of a practicing lawyer to the defense of human rights” in 2016, Arapova received a telegram from congratulations from the Governor of Voronezh Oblast and later Deputy Prime Minister. Aleksei Gordeyev (also senior official of the ruling United Russia party): “Thanks to you, the Media Rights Center has acquired a reputation as one of the most authoritative legal organizations in Russia or abroad .

‘An avalanche’

So far, she said, the designations have had little substantial impact on her work advocating and advising dozens of individuals and media who have found themselves on the lists of “agents.” foreigners ”from the government.

“I would only mention that I must – on every social media post, at every public lecture – place the 24-word disclaimer, which in the near future will be considered by readers to be as normal as ‘hello’,” she said. said. “There are also personal reports on income and expenses, which is a serious intrusion into personal life…. Of course, I will appeal because this is a deeply discriminatory law. Which, of course, is the point. “

Over the nearly 25 years of the Media Rights Defense Center’s existence, the group has provided legal assistance to thousands of journalists, many of whom resisted punitive libel suits.

Over the years, Galina Arapova’s Mass Media Defense Center has championed media rights and has also helped provide legal advice to thousands of journalists. (archive photo)

In an interview with RFE / RL in 2018, Arapova described the historical dynamics of the plight of journalists in post-Soviet Russia.

“In the late 1990s there was more violence against journalists, including killings,” she said. “In the early 2000s, we started to see more and more court cases and disputes were resolved in a civilized manner. By 2008, there were approximately 4,500 defamation cases per year. Today there are around 700, as new tools to hunt journalists have appeared.

The most important of these “new ways”, she added, are the “foreign agent” laws.

“Since the summer, we have seen an avalanche of designations in the register of ‘foreign agents’,” she said after her own designation last week. “We are helping all journalists and the overwhelming majority of media that have been added to the registry since July. We are talking about tens.

“Stress and shock”

“Just as I have helped before, I will continue to help people who find themselves in a situation of confusion, outrage, stress and shock,” she added. “Some of them start to smoke nervously. Others don’t understand what to do next. These people do not only need legal aid but also psychological support. It is a difficult life situation that most people are not prepared for. “

Russian legislation on “foreign agents” was adopted in 2012 and has been amended several times. It requires that non-governmental organizations that receive foreign aid and that the government considers engaged in political activity be registered, identify themselves as “foreign agents” and submit to audits. Subsequent changes in the law targeted foreign-funded media.

At the end of 2020, legislation was changed to allow the Russian government to include individuals, including foreign journalists, on its “foreign agents” list and to impose restrictions on them.

In 2017, the Russian government listed RFE / RL’s Russian service, RFE / RL’s six other Russian-language news services, including North.Realities and Current Time. Earlier this year, Russian courts began imposing heavy fines on RFE / RL for failing to mark its items with a government-mandated label, as required by rules adopted in October 2020. RFE / RL does appeal of fines.

Human Rights Watch has described the legislation on “foreign agents” as “restrictive” and intended to “demonize independent groups”.

ALSO READ: Who Labeled Russia as a “Foreign Agent”?

Arapova warns that “foreign agent” laws have been and will continue to be extended as a tool of global repression under President Vladimir Putin.

“Legally speaking, they have prepared appointments for the widest range of legal subjects and the most varied training,” she said. “Whether it is a legal person or a collective of citizens or simply an individual, whatever his nationality. You can be nominated in any capacity imaginable.

Her advice to her clients is always the same, she said: “Everything passes, and that too will pass. “

“They have to understand that it is not the end of the world,” she said. “I think it’s like a house of cards that will rot and fall apart…. If you do your job well, if you are a professional and a decent person, this is what will be left in the end. This is why even when life is very difficult, you have to go through it with dignity, not to betray yourself, to make the right strategic choices.

But she realizes that doing this is not always easy.

“I don’t call on people to be selfless heroism,” she concluded. “Everyone makes their own choices on the position to adopt, the vision of the world to have. People have the right to act as they see fit, including being afraid. To be afraid is not to be ashamed of. We all only have one life.


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Giuliani associates are on trial in campaign fundraising scheme https://southwaycorp.net/giuliani-associates-are-on-trial-in-campaign-fundraising-scheme/ https://southwaycorp.net/giuliani-associates-are-on-trial-in-campaign-fundraising-scheme/#respond Mon, 11 Oct 2021 17:33:00 +0000 https://southwaycorp.net/giuliani-associates-are-on-trial-in-campaign-fundraising-scheme/ NEW YORK (AP) – Lev Parnas once portrayed himself in television interviews and through an unorthodox advertising campaign led by his lawyer as someone who could speak out against corruption within the Trump administration over his transactions in Ukraine. Less than two years later and with less fanfare, the 49-year-old is on trial in a […]]]>

NEW YORK (AP) – Lev Parnas once portrayed himself in television interviews and through an unorthodox advertising campaign led by his lawyer as someone who could speak out against corruption within the Trump administration over his transactions in Ukraine.

Less than two years later and with less fanfare, the 49-year-old is on trial in a federal case that makes him more of an ordinary con man than a whistleblower who would bring down former President Donald Trump and Rudy Giuliani.

Jury selection is set to begin Tuesday in a trial in which Parnas, a Soviet-born Florida businessman, and a co-accused, Ukrainian investor Andrey Kukushkin, are accused of making illegal contributions to American politicians in order to advance their affairs. interests.

Parnas and another Soviet-born Florida businessman who previously pleaded guilty to the case, Igor Fruman, first caught the attention of reporters and investigators after making large donations through of a corporation to Republican political committees, including a donation of $ 325,000 in 2018 to America First Action, a super PAC supporting Trump.

The couple went on to become intermediaries in Giuliani’s efforts to discredit then-candidate Joe Biden. They put Giuliani in touch with Ukrainian officials as the former New York mayor tried to get that country to open an investigation into the future president’s son, Hunter. Ukrainian tycoons and officials, meanwhile, have enlisted Giuliani’s help in connecting with the Trump administration.

However, federal prosecutors in New York have made it clear that anyone seeking a trial to produce damaging new information about Trump or Giuliani will be disappointed.

They told U.S. District Judge Paul Oetken last week that while jurors are likely to learn how Parnas and Fruman tried to tout their influence as international fixers by sharing photos of themselves with Trump and Giuliani, the ex-Republican president and his former personal lawyer come to the very periphery ”at the trial.

Prosecutors also quietly dropped one of the most intriguing allegations in the original indictment: that Parnas and Fruman donated money to US politicians as part of an effort by prominent Ukrainian figures. to oust U.S. Ambassador to Ukraine Marie L. Yovanovitch, who later became a central figure in the impeachment process against Trump.

When the charges were announced in 2019, then-US lawyer Geoffrey S. Berman pointed to Yovanovitch’s allegations, saying the defendants “were seeking political influence not only to advance their own financial interests, but also to advance the political interests of at least one foreign official – a Ukrainian government official who called for the removal of the US Ambassador to Ukraine.

Prosecutors later wrote to the judge that the allegation was withdrawn from a revised indictment in an attempt to “streamline” the case, but offered no further explanation.

Giuliani said he was not aware of any illegal election contributions and is not charged in the case, although his work in Ukraine is still the subject of an ongoing criminal investigation.

Federal agents searched Giuliani’s New York home and office last April, taking away computers and phones as part of an investigation to determine whether any of the work he performed required him to register as a foreign agent. Giuliani said his only client was Trump.

With the Ukrainian allegations having disappeared, the trial is expected to focus on accusations that Parnas exceeded the limits of personal contributions to the campaign by covering up the origin of the money. US Representative Pete Sessions, a Republican from Texas, Florida Governor Ron DeSantis and political committees to support Republicans running for Congress were among those who received donations.

Part of the case alleges Parnas and Kukushkin were straw donors for Andrey Muraviev, a wealthy Russian investor in the burgeoning legal marijuana market in the United States.

The indictment alleges Muraviev paid $ 1 million for donations to politicians in several states, including Nevada, where the group hoped to engage in the legal marijuana trade.

Prosecutors did not allege that the politicians who obtained the money knew it came from prohibited sources. Muraviev has not been charged either.

The defense hopes to present Parnas as an investor who was trying to develop legitimate marijuana and other business ventures, including an energy company, Global energy producers, which would participate in the export of natural gas to Europe.

He and Fruman were in part seeking relationships “which could best promote their nascent energy business interests,” defense attorney Joseph Bondy wrote in a court filing. He said Muraviev’s $ 1 million went to Fruman – not Parnas – and was a personal loan, made as a result of a declining cannabis business in Nevada.

There was no immediate response to a request for comment from Kukushkin’s lawyer on Monday. Parnas’ co-accused is a San Francisco-based entrepreneur with long-standing ties to several legal marijuana companies in California.

Another defendant in the case, David Correia, has pleaded guilty to charges of misrepresenting the Federal Election Commission and wire fraud conspiracy. The conspiracy count was linked to an allegation that he defrauded investors in an insurance company who paid Giuliani an advisory fee of $ 500,000.

Unlike Fruman, who has stayed out of the spotlight and recently pleaded guilty In soliciting illegal campaign contributions, Parnas sought a lead role in Trump’s first impeachment by providing his personal files to congressional investigators.

With Parnas indicted in 2020, Bondy began tweeting photos of his client with Giuliani and Republican lawmakers using the hashtag #LetLevSpeak. The lawyer also provided congressional investigators with a recording of Parnas speaking with Trump about Yovanovitch, the US ambassador.

In part of the tape, first obtained by ABC News, a voice that appears to be Parnas can be heard saying, “She is walking around saying to everyone, ‘Wait, he’s going to be impeached. Wait. A speaker who appears to be Trump then replies, “Get rid of her!” … Take her out. OKAY? Do it.”

The then Republican-controlled US Senate acquitted Trump in 2020 of allegations he abused his power by threatening to suspend military aid to Ukraine unless its leaders investigate the Bidens.

Copyright 2021 The Associated Press. All rights reserved.


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Shuttle’s 1.3-liter PC powers 16-screen digital signage walls with Matrox QuadHead2Go https://southwaycorp.net/shuttles-1-3-liter-pc-powers-16-screen-digital-signage-walls-with-matrox-quadhead2go/ https://southwaycorp.net/shuttles-1-3-liter-pc-powers-16-screen-digital-signage-walls-with-matrox-quadhead2go/#respond Sun, 10 Oct 2021 13:22:08 +0000 https://southwaycorp.net/shuttles-1-3-liter-pc-powers-16-screen-digital-signage-walls-with-matrox-quadhead2go/ The 1.3-liter DH02U system is Shuttle’s first compact PC with quad HDMI outputs, delivering signals up to 4K UHDp60 and exceptional 3D rendering support on each display channel. The Matrox QuadHead2Go Q155 controller quickly expands the graphics and video wall capabilities of the slim PC by capturing a single HDMI video signal for display on […]]]>

The 1.3-liter DH02U system is Shuttle’s first compact PC with quad HDMI outputs, delivering signals up to 4K UHDp60 and exceptional 3D rendering support on each display channel. The Matrox QuadHead2Go Q155 controller quickly expands the graphics and video wall capabilities of the slim PC by capturing a single HDMI video signal for display on up to four Full HD displays. QuadHead2Go Q155 devices connected to each HDMI output allow AV professionals to drive digital signage content hosted on DH02U, including quad-Full HD, single 4K and dual / quad-4K resolution video and images , on up to 16 Full HD monitors in classic and artistic rectangular layouts.

With the robust performance of the platform’s video wall, the pairing of the DH02U barebone PC and QuadHead2Go controller powers today’s most demanding digital signage applications including digital menu boards, kiosks interactive and information-based, retail and flight information displays, and more.

“Shuttle and Matrox are long-time partners for video walls, and this latest collaboration facilitates yet another fast, simple, and seamless ‘best practice’ for high-impact video walls,” said Tom Seiffert, Head of Marketing and public relations at Shuttle. Computer Handels GmbH. “The combined Shuttle DH02U and Matrox QuadHead2Go solution now makes it remarkably easy to target higher output, digital signage video wall installations that deliver quality, reliability and performance. “

“Signage professionals will benefit from the compact designs of the Shuttle DH02U barebone PC and Matrox QuadHead2Go multiscreen controllers, simple connectivity and flexible configuration options to customize and maintain a wide range of video wall projects,” said Bengt Hessel, EMEA vice president of sales and marketing for the AV / IT group at Matrox Video. “This new video wall solution offers audiovisual professionals a versatile tool to innovate and create compelling and / or informative display walls that will ultimately deliver a superior customer experience.

About the shuttle

Shuttle Inc., founded in Taiwan in 1983, specializes in the development and production of innovative mini PCs. The public limited company is represented worldwide by a network of branches in Germany, the United States and Japan. Since 2001, attractive cube-shaped PCs have conquered almost all fields of application and become the core business of the Taipei / Taiwan based company. Shuttle mini barebones and fully configured systems are the first choice for many system integrators, VARs, OEMs and ODMs focusing on high reliability and build quality


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