WELCOME, N.C. – If you want to win a championship, says Brendan Gaughan, “there’s the textbook.”Gaughan’s talking about fellow NASCAR Camping World Truck Series driver Matt Crafton, who will carry a 52-point lead into this weekend’s Michigan National Guard 200 at Michigan International Speedway. “Matt has proven himself to be the one to beat,” said Gaughan, who sits sixth in points and 75 behind the ThorSport Racing driver. “He’s doing exactly what Travis Kvapil did to win the (2003) championship. That’s what it takes. He’s won one race and all he’s doing is top-10ing us to death. I’ve got more top-five finishes (6) than anybody in the series, including him, but he’s got (a top 10 finish) every race.” WATCH: What Drives the 5? FULL SERIES COVERAGE• View all articles • View all videos • View all photos WATCH: Kyle Busch Final Laps In an extremely tight battle outside the top spot, only 33 points separate second-place Jeb Burton and 10th-place Timothy Peters (377-344). Ryan Blaney, defending series champion James Buescher and Ty Dillon, Gaughan’s Richard Childress Racing teammate, are third through fifth, respectively.Crafton has proven to be the model of consistency, going 11-for-11 in top-10s thus far this year. He’s been atop the standings for eight consecutive races.“He’s not going to beat himself,” Gaughan said. “The only way you’re going to beat him – you better start winning races and start chipping away at that points lead.”Gaughan, an eight-time winner with 206 career starts in the series, hopes to do just that this weekend at MIS, where he has not raced since the track was repaved prior to the 2012 season. In seven career starts on the wide, sweeping 2-mile oval, he has four top-10 finishes including one win.“It’s my style of place,” Gaughan said. “We know I like big places like that.”“What excites me the most about going to Michigan this year is going with RCR. In years past, you go there with what you think is really good or what you hope is going to be good. The fun part about being at RCR is it’s what we know is really good.“We have some of the best aero packages, we have some of the best engine packages with (Earnhardt Childress Racing). So we know we will be that much better when we go there. … It’s a place that I like, on a team that excels at places like that, so I’m hoping for good results.””Scoring top-10 finishes on a weekly basis is no small task, regardless of series, Gaughan said.”Having a fast truck is no guarantee of a solid result.“You’ve got to have no mechanical failures, no pit stop problems, no random problems like an oil line going or blowing a right front from (running over) debris,” Gaughan said. “When we ran in 2003, we were as consistent as you could be, with a string of nine top-10s in a row … and we still didn’t win the championship because there were just too many races with a bad result.”Which makes Crafton’s strong run that much more remarkable.“Matt, what he’s doing is really impressive,” said Gaughan. “But you look at his demeanor and the type of driver he is and it doesn’t surprise you.”Qualifying is scheduled for 9:35 a.m. ET on Saturday, with the Michigan National Guard 200 slated to begin at 12:30 p.m. It will be the first race for the series on the new Fox Sports 1 cable network.Nelson Piquet Jr. is the defending race winner.MORE: VIEW: Full Watkins Glen coverage WATCH: Watkins Glen video highlights With Crafton being a model of consistency, Gaughan must chip away at his lead to get ahead
In a post on their website today, Queen has confirmed that their long-rumored official biopic, appropriately dubbed Bohemian Rhapsody, is officially in the works, with Egyptian-American Rami Malek (best known for his Emmy-winning turn in USA Network‘s Mr. Robot) slated to star as the band’s iconic vocalist, Freddie Mercury.Remembering Freddie Mercury’s Last Queen Show On The Anniversary Of His DeathAs the post states: “Yes folks, it IS finally happening…here’s what we can confirm at this stage: Award winning director Bryan Singer is the man who will be bringing the Queen and Freddie story alive. If you’ve ever seen Singer’s X-Men films, or the groundbreaking movie The Usual Suspects, you’ll know this is a director with extraordinary imagination and style. A perfect choice to recreate the fabulous Queen years which brought us such unforgettable moments as Live Aid, which we can reveal will be faithfully recreated for a key sequence the film.”The post on Queen Online continues: “Rami Malek has signed up to take on the challenging rôle of Freddie Mercury. Who could imagine a more perfect fit than this brilliant actor? Roger [Taylor] and Brian [May] told QOL: “Rami has great presence and he’s utterly dedicated to the project. He’s completely living and breathing Freddie already, which is wonderful.” Taylor and May will be serving as the film’s executive music producers. The film is close to beginning production, with pre-production meetings taking place this week in UK and principal photography beginning in London in mid-September.As for the roles of the other band members, Queen’s camp isn’t letting that info slip just yet: “You are probably wondering, who will play Roger, Brian and John??? That, friends, is news for another day.”The band is encouraging fans to keep up with Queen Online and the Queen Facebook page for more updates as the project goes on. They even hinted at a potential casting call: “Hint: Fancy being in the film?”[h/t – Queen Online]
The Revivalists will close out 2018 with their annual New Year’s Eve show on Monday, December 31st at Mardi Gras World in their hometown of New Orleans, LA. Joining the local octet will be fellow Crescent City special guests Tank and The Bangas. This one-night-only event, “The Other Side Of Paradise”, promises to pull out all the stops for one giant celebration.It’s certainly been a big year for The Revivalists, who released their brand new album, Take Good Care, via Loma Vista Recordings last month. The follow-up to 2015’s Men Amongst Mountains, the 14-track studio record features a fan-pleasing mix of recent live staples including “Got Love” and “You And I” as well as “All My Friends“—which has already hit “#1 at Triple A Radio” and “Top 10 and climbing at Alternative Radio”—and an exciting variety of new tunes worth digging into and spending your own time with.The Revivalists are certainly known for their contagious live energy, but it’s their craft of honest songwriting that sets them apart from the rest of the live music circuit. The band’s newest album beautifully showcases their evolution since they began in 2007, as well as their undeniable movement toward becoming a household name. With a sense of togetherness serving as the centerpiece to The Revivalists’ everlasting curiosity, the new album explodes with sonic complexity, celebration, and catharsis.Beyond their infectious music, The Revivalists are also known for their tight-knit community of followers that surrounds them. Affectionately known as “The RevHeads”, the band’s fan club is annually celebrated around New Year’s Eve with an exclusive performance. Last year’s RevHeads Ball featured the band performing on a ground-level, slightly elevated stage in the middle of the room. The special show saw the band welcome a select number of die-hard fans to surround them in all directions and participate in the 360-degree experience. The setting made for a memorable evening of acoustic favorites, sing-along anthems, and even some unrecorded tunes and rarities.The 2018 RevHeads Ball will similarly feature an intimate acoustic performance by The Revivalists, along with hors-d’oeuvres, drink specials, an exclusive NYE merch bundle, and VIP entrance to the New Year’s Eve celebration, but is currently sold out. While the main event is why we’re here, we can all still appreciate The Revivalists’ indisputable willingness to connect with their audience on a deeper level—a mission of theirs that’s always been very clear.The Revivalists – “Wish I Knew You”“All My Friends” – Live @ Red Rocks[Videos: The Revivalists]The 2018-2019 New Year’s Eve bash will also feature special guests Tank and The Bangas, the NOLA-based sensations that gained international attention after winning NPR’s Tiny Desk Contest in 2017. Mixing R&B, soul, hip-hop, and spoken word, Tank and the Bangas are as original as they come. Out of 6,000 entrants on NPR’s Tiny Desk Contest, they were the chosen ones (unanimously, we might add)—and with great reason.Tank and The Bangas were formed in 2011 at an open mic set in New Orleans. Comprised of Norman Spence on bass and keyboard, Joshua Johnson on drums, Merell Burkett on keys, Nita Bailey on percussion, and Tarriona “Tank” Ball on lead vocals, the group’s original music has stood the test of time, even earning a 2014 OffBeat award for “Best Emerging Artist”.EXCLUSIVE: Tank of Tank and the Bangas Contemplates Inspiration, Poetry, And ConfidenceIn the two years since Tank And The Bangas won NPR’s contest, the band has released “Smoke.Netflix.Chill” and “Spaceships” via a major label (Verve Forecast), embarked on an extensive co-headlining tour with Big Freedia (including a Red Rocks date earlier this summer), and continued to garner international recognition for their exceptionally unique musical gumbo.It’s no wonder Phish guitarist Trey Anastasio, the judge for the 2017 Tiny Desk Contest, called them “a psychedelic joy rap explosion. Like a female Sly Stone teleporting into 2017 and landing in New Orleans.”Tank and The Bangas are a force to be reckoned with, and a live show not to be missed.Tank And The Bangas – NPR Music Tiny Desk Concert – 2017[Video: NPR Music]“Spaceships”[Video: Tank And The Bangas]With both The Revivalists and Tank and The Bangas sharing the stage, Mardi Gras World in New Orleans, LA is a fantastic place to be when the clock strikes midnight on New Year’s Eve.Tickets to the upcoming New Year’s Eve bash are selling out quickly, but you can still click here to reserve yours today. Additionally, all tickets purchased through AXS will come with a digital download of Take Good Care. See you there!
Keep waving and beveling, girls. Pageant: The Musical has announced its third off-Broadway extension. The dragtastic tuner will now run through January 4. Directed by Matt Lenz, Pageant continues to play Monday, Saturday and Sunday evenings at the Davenport Theatre. The cast of Pageant: The Musical includes John Bolton as the host, with Nick Cearley, Alex Ringler, Marty Thomas, Seth Tucker, Curtis Wiley and Nic Cory as the gaggle of tiara-crazed hopefuls. Show Closed This production ended its run on Oct. 26, 2014 View Comments Related Shows Conceived by Robert Longbottom, Pageant features contestants desperately vying for a glittering tiara. With swimsuit, talent and evening gown competitions, the show includes both the thrill of victory and the agony of defeat. Unlike some (though possibly not all) beauty pageants you’ve seen before, the female contestants are all played by men and the audience gets to select the winner each night. The show is penned by two-time Tony nominee Bill Russell and Frank Kelly and features music by Albert Evans. Pageant: The Musical
Related Shows View Comments Chicago The cast of ‘Chicago’ The Tony-winning revival of Chicago has a new reason to say, “Whoopie!” The long-running show hit 8,000 performances on Broadway. The show also celebrated the birthday of producer Barry Weissler on February 22 at the Ambassador Theatre. Check out these pics of stars Paige Davis, Amra-Faye Wright, Eddie George and whooping it up at the Ambassador Theatre, then go see this fabulous night out at the theater. (P.S. Happy birthday, Barry! And many more! Hotcha! Whoopie! And all that jazz!) from $49.50
Hoping to ensure no one goes cold this winter due to lack of crisis fuel assistance, The Vermont Country Store today committed $17,000 to this year’s CVPS Shareheat campaign.The Vermont Country Store will add $15,000 to Central Vermont Public Service’s $100,000 commitment for the upcoming winter to increase the pool of funds available to match contributions from the public. The Vermont Country Store will also donate $2,000 to Ski For Heat, an annual cross-country ski fundraiser for Shareheat held each winter at Wild Wings Ski Touring Center in Peru.‘Our employees want to make a strong commitment to Shareheat, because it helps their friends and neighbors,’ said Bill Shouldice, President of The Vermont Country Store. ‘The program’s neighbor-helping-neighbor design parallels our own philosophy toward community involvement. It is a fundamental priority of ours to address community needs and help make our communities stronger. Vermont is our home, so we just view this as the right thing to do.’The Vermont Country Store’s commitment is part of CVPS’s Shareheat Business Partnership program, which was created a few years ago to increase the pool of funds available. The company has been a Shareheat Business Partner every year since the program was created, and was the first business to commit to the partnership for the upcoming heating season.‘Vermont Country Store’s donation is a great start in our 2010 campaign,’ CVPS spokesman Steve Costello said. ‘We have just begun soliciting other potential partners, so it’s a welcome commitment and obviously a very generous one.’Shareheat was created in 1988 to provide emergency fuel assistance to CVPS customers. CVPS shareholders initially contributed $50,000 per year to the matching pool, though that figure has now increased to $100,000 annually. The funds from CVPS, The Vermont Country Store and other business partners will be used to match contributions from the public, dollar for dollar. The funds are sent to five community action agencies across the state, which pay fuel providers directly in crisis situations.Each donation is directed back to the donor’s community, so the contribution helps people in the same area. Matching dollars are applied on a first-come, first-served basis.Businesses that would like to join the Shareheat Business Partnership Program may call Steve Costello at 747-5427 for more information. Anyone needing crisis fuel assistance should contact their local community action agency.CVPS Shareheat is a program of last resort for over 1,000 Vermont families each year. Funds are available to assist people who face heating emergencies, often because they never expected to need assistance, lost a job, or have exhausted all other available assistance. Contributions should be made payable to the CVPS Shareheat Fund. Donations may be mailed with a CVPS payment, or sent separately to CVPS Shareheat, 77 Grove St., Rutland, VT 05701.Soruce: CVPS. 8.30.2010
As Murray Energy skirts bankruptcy, CEO says investors need not fret FacebookTwitterLinkedInEmailPrint分享S&P Global Intelligence ($):Murray Energy Corp. will continue to deliver its businesses to weather the impact of shrunken domestic coal demand and has mitigated the potential consequences of a subsidiary’s bankruptcy by finding new customers, Chairman, CEO and President Robert Murray said.He also told S&P Global Market Intelligence that Murray Energy, along with its affiliates and subsidiaries, is reaping the benefits of seaborne demand for U.S. coal and will increase sales into the export market to 22.5 million tons this year.Murray Energy, the largest privately owned coal company in the U.S, is one of the few in the sector to dodge a court restructuring, winning over creditors with a distressed debt exchange aimed at buying the company some time to wait for improved market conditions. Offering up additional collateral and a higher interest rate as a sweetener, the company recently extended the maturities on a large swath of debt coming due in 2020 and 2021 in a move Murray said is evidence of the company executing a strategy to stay out of bankruptcy.“With the additional collateral value and cash flow from the newly pledged assets, our investors are well-protected.”The company’s refinancing, deemed by some including Moody’s as a limited default on behalf of Murray Energy, extended the maturity date on 95% of $1.8 billion of outstanding term loans from 2020 to 2022 and swapped roughly 71% of the $996 million that remained on its 11.25% second-lien bonds due 2021 for new 12% payment-in-kind notes maturing in 2024.Out-of-court debt restructurings can provide a company with runway until operating or industry conditions approve, but often companies involved in a distressed exchange still end up filing for bankruptcy court protection. Moody’s conducted a 30-year study of default history and found that in 41% of cases, distressed exchanges failed to stave off either a bankruptcy or a subsequent round of distressed exchanges.More ($): Murray Energy CEO says investors are ‘well-protected’ after refinancing
As the school year abruptly came to an end, Appalachian State University’s Outdoor Program (OP) staff prepared to part ways. For some that meant a few days, weeks, or months, but for others that might have meant for life.For their last hurrah of the semester the OP had a BBQ potluck dinner at Appalachian State University’s Camp Broadstone located in Valle Crucis. This facility is located 7-miles from campus on the Watauga River. It offers a bouldering cave, a full ropes course, walking trails, recreational fields, and a totally secluded space away from campus and Boone.I had the pleasure of catching the end of this send-away party and talking with some of the staff members. Many students on the OP Staff were graduating just a week after their send off and moving on to bigger and better things.I talked with one staff member who was moving to Alaska after graduation to be an adventure guide for the remainder of the summer before settling down and figuring out his life plans. Having never been to Alaska he was both excited and anxious for the journey to come. Many other graduated OP staff members had similar plans of traveling and exploring before settling down with a full-time job.As a send off gift for the seniors, a variety of maps were placed around the shelter on the picnic tables for other OP staff to write memories and messages of good luck.After catching up and meeting some folks we enjoyed the remainder of the evening by throwing a Frisbee, playing a game of horse, and an unusually intense round of foursquare. Unfortunately, a quick spring storm rolled in and cut our outdoor fun a little short.Best wishes to all graduates who are going on to further explore the world and themselves. And, good luck to all the graduates who are being thrown into the adult-world of office jobs. May you always be able to go outside and play.
May 15, 2002 Regular News Proposed opinion on representing multiple clients in an auto accident The Committee has recently received an inquiry from a Florida Bar member regarding whether an attorney need avoid representation due to a conflict when the attorney is asked to represent both passenger and driver in a suit for negligence/property damage against a third party driver in an auto accident. This is an issue that arises in personal injury cases in various fact situations, including the following: 1. The driver and passenger prospective clients are both injured and liability is clearly with the third party driver. There are no claims of comparative negligence or fault against the plaintiff driver. 2. The driver and passenger prospective clients are both injured and liability lies mostly with the third party driver. However, the third party’s insurance company is alleging comparative fault by the plaintiff driver. 3. Driver and passenger prospective clients are members of the same family and both are injured in an auto accident. While the plaintiff driver may have been partly at fault, the driver was uninsured and has no assets to satisfy an adverse judgment. 4. The driver and passenger prospective clients are both injured and evidence shows that the plaintiff driver was definitely at fault as well as the third party driver of the other vehicle.Regarding multiple representation of clients, Rule 4-1.7, Florida Rules of Professional Conduct, provides: (a) Representing Adverse Interests. A lawyer shall not represent a client if the representation of that client will be directly adverse to the interests of another client, unless: (1) the lawyer reasonably believes the representation will not adversely affect the lawyer’s responsibilities to and relationship with the other client; and (2) each client consents after consultation. (b) Duty to Avoid Limitation on Independent Professional Judgment. A lawyer shall not represent a client if the lawyer’s exercise of independent professional judgment in the representation of that client may be materially limited by the lawyer’s responsibilities to another client or to a third person or by the lawyer’s own interest, unless: (1) the lawyer reasonably believes the representation will not be adversely affected; and (2) the client consents after consultation.Rule 4-1.7(c), Florida Rules of Professional Conduct, continues: (c) Explanation to Clients. When representation of multiple clients in a single matter is undertaken, the consultation shall include explanation of the implications of the common representation and the advantages and risks involved.Lawyers must address these issues with caution with concern for ethical conduct of the attorneys and opinions of Florida courts. The Florida Supreme Court has issued an opinion specifically dealing with ethical issues involved in representing both driver and passenger(s) in an auto accident. The Court held in The Florida Bar v. Mastrilli, 614 So.2d 1081 (Fla. 1993), that one attorney could not simultaneously represent both driver and passenger in an auto accident where the passenger is pursuing a claim for negligence against the driver. Dual representation in these circumstances would violate Rule 4-1.7(a), supra. This decision echoes an earlier Florida Ethics Opinion 73-2, which reached the same conclusion. Similarly, the Court held in State Farm Mutual Ins. Co. v. K.A.W., 575 So.2d 630 (Fla.1991), that a law firm which had represented driver and passengers against third party insurers and tortfeasors could not later represent the passengers against the driver. The firm was disqualified due to the strenuous objection of the real party in interest, the insurer, even though the driver had a new attorney at the time he was sued and had consented to the passengers’ suit. Id. Such conflict issues may not be apparent at an initial consultation with prospective clients. Conflict issues may arise later or be resolved during discovery and litigation. Conflict issues that arise in personal injury auto accident cases can present various fact situations, including the following:Scenario 1 Where there are no actual or potential claims by passengers against the driver of the vehicle in which the passengers were injured, one attorney can ethically represent all parties as long as there is sufficient insurance coverage by the third party tortfeasor to cover the injuries of all injured plaintiffs. If there is not sufficient funding to cover the injuries of all the plaintiffs, one attorney may represent all the parties, with their knowing consent and waiver of conflict, only if all the plaintiffs are able to agree regarding the distribution of benefits/recovery among themselves. Rule 4-1.7(a)(1) and (2), Florida Rules of Professional Conduct. Individual representation of each of the plaintiffs is advisable to determine the apportionment of benefits obtained from the third party tortfeasor. If each plaintiff is advised independently, this assures that waivers of conflict are knowing and informed as required by Rule 4-1.7(a)(1) and (2). The parties may agree among themselves to submit to intra-familial arbitration with an independent arbitrator to determine the distribution of benefits on an equitable basis. Independent guardians appointed to represent injured minors can be useful in this regard. The lawyer representing all the claimants as plaintiffs cannot be involved in determining the distribution of the recovery among the various plaintiffs.Scenario 2 Where the third party tortfeasor is making a claim for contributory negligence against the driver of a vehicle in which passengers were injured, and this claim is based upon valid objective evidence, one attorney cannot represent both driver and passenger(s). Similarly, in a one car accident, where there is evidence of negligence by the driver, one attorney cannot represent both driver and passenger(s). A conflict exists under Rule 4-1.7(a) and (b), Florida Rules of Professional Conduct; Ethics Opinion 73-2; The Florida Bar v. Mastrilli, supra. As noted in the Comment to Rule 4-1.7, “when a disinterested lawyer would conclude that the client should not agree to the representation under the circumstances, the lawyer involved cannot properly ask for such agreement or provide representation on the basis of the client’s consent.” In determining whether a conflict exists, the attorney should look at the situation as if he or she were representing the passenger(s) alone. If, in that situation, the attorney would sue the driver, then in most circumstances, the attorney cannot represent both driver and passenger(s). 1Scenario 3 The only exception to the conclusion in Scenario 2 would be when passenger and driver are members of the same family and the driver is uninsured or otherwise judgment proof. Comparative fault precepts may come into play. Fla. Stat. Sec. 768.81 (1999). Where a conflict of interest exists under Rule 4-1.7, lawyers must be very cautious in undertaking multiple representation. The Florida Bar v. Mastrilli, supra. The situation must be one in which an independent attorney would determine that it is not worthwhile or appropriate to sue the driver because there is no legal or economic basis for a claim under the circumstances. Comment to Rule 4-1.7. The same conclusion would be reached if the third party tortfeasor’s claim against the driver is bogus and without substantiation in fact. As set forth in Oregon Ethics Opinion 2000-158: There may be situations in which allegations of contributory negligence do not create an actual conflict. The passengers may disagree with the adverse driver’s factual contentions. If the driver and the passengers are closely related, the passengers may not wish to pursue intra-family claims. Assuming that these decisions not to pursue claims are made voluntarily and without influence arising from the lawyer’s obligations to the driver, there is no actual conflict between the clients. Again, knowing consents and waivers must be obtained from all parties in these circumstances. It may be the better practice for these consents to be obtained in writing and for the parties to be given the opportunity to consult with independent counsel before waiving an actual conflict.Scenario 4 Where the driver and passengers are all injured, but evidence shows that the plaintiff driver was comparatively negligent or at least a substantial question is raised as to the fault of the plaintiff driver under objectively valid evidence obtained, such that an independent attorney would advise the passenger to sue the driver, there exists a 4-1.7(a) conflict between the passengers and driver. Under these circumstances one attorney cannot represent both driver and passengers, even with the waiver of the clients involved. Rule 4-1.7(a) and Comment; Mastrilli, supra. ; Texas Ethics Opinion 500, Oregon Ethics Opinion 2000-158. The same result may obtain if the driver were a former client of the attorney representing the passengers in the accident. Rule 4-1.9(a) and (b), Florida Rules of Professional Conduct. If one attorney had begun to represent both driver and passengers, before determining that a non-waivable conflict existed, the attorney may be required to withdraw from representation of both driver and passengers because of the direct conflict between them. Rule 4-1.7(a); Rule 4-1.16(a) and (d), Florida Rules of Professional Conduct. Even if the attorney had only an initial consultation with both driver and passengers, representation may have begun under pertinent caselaw. In Florida, a prospective client’s subjective belief that his or her meeting with an attorney (in person or by telephone) was a meeting seeking and receiving legal advice, may create an attorney client relationship, if the client’s belief was reasonable. Dean v. Dean, 607 So.2d 494 (Fla. 4 th D CA 1992), review denied, 618 So.2d 208 (Fla.1993). The test is not whether a fee was paid or an engagement agreement signed, but whether the client reasonably believed that he or she was consulting an attorney seeking legal advice. Garner v. Somberg, 672 So.2d 852 (Fla. 3d DCA 1996). In each of the factual situations set forth above, if the attorney determines that a conflict exists, the attorneys must follow Rule 4-1.16(a) and (d), Florida Rules of Professional Conduct, withdraw from the representation and protect the clients during the withdrawal process by providing them with copies of necessary documents and, if needed, obtaining extensions of time for them to find new counsel. Where an attorney withdraws from representing either driver, passenger, or both because of a conflict, the attorney cannot take a referral fee for referring the former client’s case to another lawyer. Florida Ethics Opinion 89-1. The conflict would prohibit the attorney’s acceptance of joint responsibility for the representation as required by Rule 4-1.5(f)(4)(D)(i) and (ii), Florida Rules of Professional Conduct, and Chandris v. Yanakakis, 668 So.2d 180 (Fla. 1995). As shown in the varying fact situations set forth above, each case must be dealt with on its own facts, following the guidelines set forth in Rules 4-1.7 and 4-1.9, Florida Rules of Professional Conduct and the above cited decisions. 1 F lorida law allows suits by one spouse against the other spouse to the extent of insurance coverage. Ard v. Ard, 414 So. 2d 1066 (Fla. 1982). Official Notice: Proposed opinion on representing multiple clients in an auto accident The Professional Ethics Committee will consider adopting a proposed advisory opinion on the issue of representation of multiple clients in an auto accident case, based on an inquiry from a member of The Florida Bar, at a meeting to be held at 2:00 p.m. on June 21, 2002, at the Boca Raton Resort & Club in conjunction with The Florida Bar’s Annual Meeting. A draft proposed advisory opinion, drafted by a subcommittee of the Professional Ethics Committee, is reprinted below. The draft has not been reviewed or adopted by the full committee. Pursuant to Procedures 4(c) and (d) of The Florida Bar Procedures for Ruling on Questions of Ethics, comments from Florida Bar members are solicited on the issue presented and on the draft proposed advisory opinion. Comments must contain the draft proposed advisory opinion number and clearly state the issues for the committee to consider. A written argument may be included explaining why the Florida Bar member believes the draft is either correct or incorrect and may contain citations to relevant authorities. Comments should be submitted to Elizabeth Clark Tarbert, Ethics Counsel, The Florida Bar, 651 E. Jefferson Street, Tallahassee 32399-2300, and must be postmarked no later than 30 days from the date of this publication. DRAFT PROPOSED ADVISORY OPINION 02-XX
Videos shot in Dolby Vision look amazing on the iPhone 12 Pro’s display. It’s not just about having a brighter picture, but due to the wider 10-bit colour gamut, colours look richer and you get a better sense of the intensity of light in bright scenes while still having perfect blacks in the shadows and darker areas — much like how your eyes would see the world. Most HDR movies and TV shows we consume have to go through a rigorous mastering process on equipment that would typically cost lakhs of Rupees. The fact that you can now shoot similar-looking content with your smartphone is incredible. The best part is that the iPhone 12 Pro can shoot Dolby Vision videos with all its cameras.There’s a small catch though, when it comes to sharing such videos. The iPhone 12 Pro is said to use a newer version of Dolby Vision called Profile 8.4 which is based on the HLG or Hybrid Log Gamma HDR standard. The problem is, most social platforms and services don’t support this new format yet, which makes uploading or sharing your Dolby Vision video the way it’s intended to be viewed, quite tricky. YouTube will render an HDR version of the video you capture, provided you upload it through a browser like Safari and not the YouTube app.Sending an HDR video shot with an iPhone 12 Pro via AirDrop or iMessage is currently the best way of ensuring that it will look as intended. Sharing via WhatsApp or Telegram degrades the quality heavily, at the moment. Apple’s iMovie and Clips apps will let you edit and export your videos without HDR if needed, but that’s a bunch of extra hoops you have to jump through. It’s a temporary setback, but I do think most of the popular social platforms and services will add support for Apple’s HDR implementation sooner, rather than later.Video shot during the day with all three rear cameras is excellent. Colours look natural, there’s plenty of detail, and stabilisation works very well even if you switch sensors mid-recording. Video recorded in low light continues to impress, although in very dark scenes, footage can look a bit noisy if you move about. The ultra-wide-angle camera produces noticeably weaker details in low light for video.The iPhone 12 Pro uses 12-megapixel sensors for all its cameras, just like on the iPhone 11 Pro, but with some changes. The main rear camera now has a wider f/1.6 (vs f/1.8 on the 11 Pro) aperture. All cameras now support Night Mode and Deep Fusion, which is great to see. The telephoto camera can still only zoom up to 2x optically, but it is stabilised. The iPhone 12 Pro can also take Night mode Portrait shots, which again is a welcome addition.iPhone 12 Pro main camera sample (tap to see larger image)iPhone 12 Pro ultra-wide camera sample (tap to see larger image)iPhone 12 Pro close-up camera sample (tap to see larger image)iPhone 12 Pro telephoto Portrait camera sample (tap to see larger image) The iPhone 12 Pro really shines when it comes to low-light ultra-wide shots, which are miles ahead of what the iPhone 11 Pro can produce. Details are still a bit lacking when compared to samples from the Galaxy S20+’s ultra-wide camera, but this could very well change in the next generation. The telephoto camera on the iPhone 12 Pro isn’t used much in low-light as the phone simply digitally zooms in using the main camera.Low light is also where the iPhone 12 Pro’s LiDAR scanner kicks in to assist with autofocus. The difference is noticeable when shooting close-up subjects, as the phone is able to detect objects much better in extremely dim lighting. When compared to the iPhone 11 Pro, the results are quite impressive.Portrait shots are another area in which the iPhone 12 Pro excels. You can shoot using the telephoto or main camera, depending on the perspective you’re going for. Low-light portraits look great too thanks to Night mode.iPhone 12 Pro Night Portrait camera sample (tap to see larger image) The iPhone 12 Pro costs quite a bit more in India than in other regions including the US. The iPhone 12 Pro starts with a 128GB variant which is priced at Rs. 1,19,900. The 256GB storage variant will cost you Rs. 1,29,900, and the top-end 512GB variant will cost you Rs. 1,49,990 (which is the one I have). That’s a pretty steep price for any smartphone, and keep in mind, the iPhone 12 Pro Max is even more expensive. This is before you even add things like AppleCare+ and accessories. The iPhone 12 Pro is available in four colours, of which the Pacific Blue shade is new, and is my favourite so far.iPhone 12 Pro design and displayApart from the new colour, the iPhone 12 Pro has a flattened stainless steel frame, versus the rounded sides of every model since the iPhone X. It’s a big change but not something we haven’t seen before. Apple first used a flat frame for the iPhone 4 and stuck with it all the way to the iPhone 5s, before switching to rounded sides. Love it or hate it, you’ll have to get used to this design for at least the next few iPhone generations.– Advertisement – After two weeks of usage, I’ve grown accustomed to the iPhone 12 Pro. It’s comfortable to hold and a tad easier to grip than the iPhone 11 Pro, in my opinion. However, it’s nearly impossible to keep the glossy frame smudge-free. While stainless steel should be a lot more durable than the aluminium frame used for the regular iPhone 12, the same cannot be said about the paint job. After an accidental fall from just a couple of feet onto a metal railing, my iPhone 12 Pro has a permanent battle scar on its chin. The finish is clearly not as resilient as the metal frame itself.- Advertisement – Most of the ports and buttons are placed the same as on the iPhone 11 Pro. The buttons have good feedback and are flat. The SIM card tray has been moved to the left side of the phone. The iPhone 12 Pro only supports a single physical Nano-SIM, but an eSIM option is present. The models sold in India lack the little cutout on the right side of the frame for the millimetre wave (mmWave) 5G antennas that you can see on the versions sold in the US. More on 5G in a bit.The display on the iPhone 12 Pro is larger than the one on the iPhone 11 Pro. It measures 6.1 inches (vs 5.8 inches) and features a new cover glass material that Apple calls Ceramic Shield. This is said to offer up to four times better shatter resistance than the iPhone 11 Pro’s display, but this doesn’t necessarily mean it’s more resilient to scratches. I didn’t notice any hairline scratches on the 12 Pro’s display in the two weeks that I used it.Other than its size and the new glass, the characteristics of the display haven’t changed much. Like the iPhone 11 Pro, the iPhone 12 Pro uses a Super Retina XDR OLED panel with a peak brightness of 1,200nits (800nits typical) and has a 2,000,000:1 contrast ratio. It also supports multiple HDR formats: HDR10, Dolby Vision, and HLG.The iPhone 12 Pro has one of the best displays out there The iPhone 12 Pro is here, and after living with it for a fairly decent amount of time, I think it’s time to answer that one burning question — is it worth it? Apple has made choosing between iPhone models even tougher this year by introducing four new models, all sharing similar specifications and features, but at vastly different prices. In India, especially, the price difference between the iPhone 12 series and the iPhone 12 Pro series is massive – and that’s a whole separate discussion.As a long-time iPhone 11 Pro user, I was curious to see how much Apple has improved in the new iPhone 12 Pro, because I’ll be honest, I wasn’t exactly blown away during its announcement. The new SoC, tweaked cameras, and fresh design were all expected upgrades, and it will take more than that to make someone shell out Rs. 1,19,900 for it, in my opinion. Let’s break it down and see if it makes sense choosing the iPhone 12 Pro over the lower priced iPhone 12.iPhone 12 Pro pricing and variants- Advertisement – In daylight, the iPhone 12 Pro captures excellent-looking shots with plenty of details and rich colours. Autofocus is very quick and dependable on the main rear camera. The ultra-wide camera is equally adept given ample light. The quality of photos taken with the telephoto camera is decent as long as you stick to 2x magnification, as images lose sharpness quickly once you move beyond that. Phones such as the Samsung Galaxy S20+ can easily crush the iPhone 12 Pro when it comes to zoom capabilities.In low light, the iPhone 12 Pro automatically engages Night mode, and depending how steady your hands are, the shutter can stay open for anywhere from one to three seconds. If you use a tripod, you can get an even longer exposure time. With the primary camera, I noticed very little difference between the iPhone 12 Pro and the iPhone 11 Pro. The iPhone 12 Pro produced a mildly brighter image, but details were nearly identical. It does fare much better than the Samsung Galaxy S20+’s Night mode when it comes to preserving the textures of objects.iPhone 12 Pro low-light main camera sample (tap to see larger image)iPhone 12 Pro low-light ultra-wide camera sample (tap to see larger image)iPhone 12 Pro low-light close-up camera sample (tap to see larger image) The slightly larger display on the iPhone 12 Pro (compared to the 11 Pro) makes it a great multimedia playback device. Streamed videos looked great, especially HDR ones. Colours were lively, blacks were deep, and the display got really bright when needed. The stereo speakers sounded really good too. The sound is loud and detailed without any audible distortion even at the highest volume level.I also found myself gaming a lot on the iPhone 12 Pro. Games from Apple Arcade ran smoothly and looked fantastic. However, the 12 Pro gets quite hot very quickly if you’re playing anything graphically intensive. You might not notice this with a cover on, but without it, the metal frame can get very hot. Samurai Jack was the only game in my experience that brought the iPhone 12 Pro to its knees. Just a few minutes in, the framerate would tank badly during battles, making this game almost unplayable. This could be down to just an issue of optimisation for the new SoC, since Oceanhorn 2, a visually superior game, ran just fine.iPhone 12 Pro battery life and MagSafeApple doesn’t advertise the battery capacities of its iPhones, but going by some of the recent teardown findings, the iPhone 12 Pro seems to have a 2,815mAh capacity, which is lower than that of the iPhone 11 Pro. This would be laughable on an Android smartphone in 2020, but on an iPhone, it’s adequate for everyday use. On average, I was able to cross a full day and get a few more hours of use the next day before the battery level dropped below 10 percent. With heavier use, I was still getting close to a full day.For most people, I think this should be satisfactory. These results were on a 4G network, as 5G is still a distant dream in India, and battery life is expected to be lower when connected to 5G networks. Our HD video battery loop test ran just shy of 15 hours, which is good but not the best.The iPhone 12 Pro supports Apple’s MagSafe wireless charging ecosystem Charging the iPhone 12 Pro can be a pain if you don’t already own a Type-C power adapter. You can charge it from a computer, but it will be very slow and you’ll need one with a Type-C port. Apple will happily sell you its new 20W Type-C adapter for Rs. 1,900, which is said to charge the 12 Pro’s battery up to 50 percent in half an hour. I had the 18W adapter from the iPhone 11 Pro, and with it, I managed a surprising 58 percent charge in half an hour. The charging speed begins slowing down after this, and after 30 more minutes, the battery had charged to 87 percent. In total, it took about 1 hour, 40 minutes to fully charge the iPhone 12 Pro’s battery.If you want to be hip, you can opt for one of Apple’s new MagSafe chargers. The iPhone 12 Pro and the rest in the series support MagSafe chargers and accessories, which are designed to magnetically latch onto the back of the iPhone (thanks to magnets in the charger and in the phone itself) for optimal contact. I’ve been using Apple’s basic MagSafe charger which costs Rs. 4,500 and is able to deliver up to 15W of wireless charging as long as you also buy Apple’s own adapter. The magnets are quite strong, and the charger stays secure on the back of the iPhone unless you yank it off with force.A few things to note about Apple’s MagSafe charger. Yes, you can use it with any device that supports Qi wireless charging, but it will work slower. It will not charge an Apple Watch, but for this, Apple will happily sell you the MagSafe Duo charging station for Rs. 13,990. MagSafe should work if you use a third-party case on your iPhone 12 Pro, provided it sticks to Apple’s guidelines regarding thickness. You could also buy Apple’s own MagSafe cases, which I happen to have one of, to guarantee compatibility.While MagSafe is a cool way to charge your new iPhone 12 Pro, I would still stick to wired charging, and here’s why. Apple’s MagSafe charger doesn’t have a very long cable so you’ll need to be closely tethered to your wall socket anyway. Second, the charger gets very hot so it’s not exactly comfortable to hold and use the phone while it’s charging. Third, Apple very clearly states that the power delivered to your iPhone via MagSafe will vary depending on temperature and system activity. This means if the charger is too hot or if you’re gaming, an iPhone isn’t going to charge quickly, which is something I noticed.The iPhone 12 Pro delivers all-day battery life, which should be enough for most users I didn’t have Apple’s 20W adapter, but when connected to a Motorola 27W Type-C adapter, the iPhone 12 Pro began trickle charging after about 60 percent. In fact, the charging got so painfully slow that even after nearly three hours, the iPhone 12 Pro’s battery barely made it to 70 percent. I noticed this behaviour when using Apple’s 18W and 30W Type-C power bricks too.I had slightly better results when charging through a MagSafe case, rather than having the pad directly in contact with the iPhone, but it still slowed down due to the heat produced by the charger. If you have a silicone MagSafe case, the MagSafe charger will leave a faint mark on it but it did fade away after a while, at least during the review period.Overall, I’d wait to see how third-party chargers perform, or whether Apple addresses this heating issue somehow.iPhone 12 Pro camerasOn the surface, it would seem that Apple hasn’t changed the camera setup a whole lot compared to the iPhone 11 Pro. However, the iPhone 12 Pro does boast of some new features, and one in particular could just be a solid enough reason to get the 12 Pro. I am of course talking about the iPhone 12 Pro’s ability to record Dolby Vision HDR video, which in my opinion, is a game-changer.There’s a toggle in the camera app’s settings that lets you enable or disable this feature. When enabled, the iPhone 12 Pro lets you record up to 4K 60fps video in Dolby Vision HDR. This HDR format is becoming increasingly common even for budget TVs, and many streaming services now use it. Most of the Apple original shows on Apple TV+ support Dolby Vision already. iPhones have long supported HDR playback, and the recent iOS 14.1 update even enabled 10-bit HDR playback support on the iPhone 8 and some older models.Dolby Vision HDR recording is easily the biggest draw for Apple’s iPhone 12 series There’s one more feature that will be coming to the iPhone 12 Pro series later, called Apple ProRAW. Just like Deep Fusion, this is said to be natively enabled in the camera app. Unlike most Android phones, which make you use a different mode to shoot in RAW, Apple ProRAW on the iPhone 12 Pro will capture a regular photo along with a lot of extra information similar to a RAW file. This, in theory, should give you much more flexibility when editing photos without having to deal with different file formats. Apple says you’ll be able to edit photos leveraging this information directly in the Photos app and other supported editing apps.Verdict: Should you upgrade to the iPhone 12 Pro?We’ve covered a lot in this review, and if you’ve made it this far, then it’s clear that even though the iPhone 12 Pro doesn’t seem like a big upgrade on paper compared to the iPhone 11 Pro, there are many little changes that make for a better overall experience. Does this mean you should go ahead and upgrade? Well, not really.Most of the meaningful upgrades such as the new Ceramic Shield material, larger display, better IP rating, new SoC, MagSafe charging, and Dolby Vision recording — are available on the iPhone 12 too, which costs way less. The iPhone 12 does have some differences such as a lower typical brightness and it can only shoot up to 4K 30fps with Dolby Vision. We’re in the middle of reviewing that too, but I think it’s safe to say that the standard iPhone 12 offers far better value for money than the iPhone 12 Pro, looking at their respective launch prices in India.The only real ‘Pro’ features exclusive to Apple’s more premium series include the telephoto camera, LiDAR scanner, ProRAW, higher maximum storage, a more sturdy frame and a few extras such as Night mode for Portrait shots. Some of these features can be useful in the right scenarios, but paying nearly Rs. 40,000 more for them doesn’t seem to make a whole lot of sense.If money is burning a hole in your pocket and you’re adamant on getting the best possible iPhone, I’d suggest also looking at the iPhone 12 Pro Max. Apple has used a larger primary camera sensor in this model, compared to the iPhone 12 Pro, and it also features sensor-shift stabilisation for the very first time in an iPhone, similar to what you get in premium mirrorless cameras. We just got our hands on this, and a full review is coming up soon.Are iPhone 12 mini, HomePod mini the Perfect Apple Devices for India? We discussed this on Orbital, our weekly technology podcast, which you can subscribe to via Apple Podcasts, Google Podcasts, or RSS, download the episode, or just hit the play button below. The iPhone 12 Pro is a bit taller than the iPhone 11 Pro, but is slimmer (7.4mm) and weighs about the same. The increase in size took a bit of getting used to, coming from the 11 Pro, but if you’re switching from the iPhone 11 or any older ‘Plus’ model, the transition should be easier.Coming to the bundled accessories, there isn’t much in the box. The iPhone 12 Pro ships in a slimmer box than before, and that’s because there’s just a USB Type-C to Lightning cable and some documentation in it. Apple stopped shipping the Lightning to 3.5mm headphone adapter with the iPhone XS, and now it’s removed the headset and power adapter too. While other companies have had a field day mocking Apple for this decision, some of them might just be heading in this direction too if rumours are to be believed.iPhone 12 Pro specs and performanceApple has been ahead of the curve for a long time now when it comes to the SoCs used in iPhones, and this time is no different. The iPhone 12 Pro uses the A14 Bionic SoC, which is also the first 5nm SoC in a smartphone. For 5G, Apple is using Qualcomm’s X55 modem similar to the one used with Qualcomm’s own Snapdragon 865 SoC. There’s no mmWave support with the Indian models, but the iPhone 12 Pro supports all popular sub-6GHz 5G bands.In terms of power, the A14 Bionic promises up to 50 percent better CPU and GPU performance compared to the previous generation, which is still very powerful. The biggest change is in Apple’s Neural Engine logic in the SoC, which is now 16 cores strong (up from eight cores previously) and promises up to 80 percent faster performance in machine learning tasks.The iPhone 12 Pro has 6GB of RAM, going by Geekbench 5’s diagnostics and other sources, which is 2GB more than the iPhone 12 and even the iPhone 11 Pro. Other features include Wi-Fi 6, Bluetooth 5, Ultra Wideband (UWB), support for multiple satellite navigation systems, and NFC. The iPhone 12 Pro offers Face ID for biometric authentication using Apple’s TrueDepth 3D camera system. It’s also is rated to function at depths of up to 6m for up to 30 minutes, compared to up to 4m for the iPhone 11 Pro even though it has the same IP68 rating. Finally, the Pro models this year also get a LiDAR scanner, which was first introduced with the iPad Pro (2020) earlier this year.The iPhone 12 Pro can be submerged up to 6m deep in water for up to 30 minutes Before we get to its performance, let’s take a quick pit stop and talk about the software. The iPhone 12 Pro runs iOS 14.1, which is also available free for many recent and even older iPhone models. Coming from the iPhone 11 Pro, the experience with the iPhone 12 Pro is more or less identical, other than some new static and live wallpapers. iOS 14 introduced new customisation options and there are some cool hidden features worth checking out too.Thanks to the LiDAR scanner, augmented reality apps work a bit better than they do on the iPhone 11 Pro. The more precise spatial information captured by the LiDAR scanner lets apps such as Apple’s own Measure app easily estimate the height of a person if you simply point the camera at them. Performing actual measurements is also more precise, although not always exact when compared to an actual measuring tape. Apple has also added a ‘People Detection’ feature in its Magnifier app, which uses the LiDAR scanner to help visually impaired people detect others around them via audible alerts. This feature is now available in iOS 14.2.As I mentioned earlier, I used the iPhone 12 Pro as my primary phone for about two weeks, and the experience was very good. I didn’t notice a world of a difference with day-to-day usage coming from an iPhone 11 Pro. Call quality was good on 4G networks, and if your ISP supports Wi-Fi calling, the 12 Pro will automatically switch to it. The flattened edges of the 12 Pro felt a bit sharp against my ears at first when on a call, but I got used to this.Games run great on the iPhone 12 Pro, but it also heats up quite a bit Images shot using the selfie camera in daylight aren’t too different from what you get from the iPhone 11 Pro. Skin tones look good, albeit mildly smoothened, and the camera picks up a decent amount of detail. Portrait mode works well. However, the iPhone 12 Pro leaves the 11 Pro behind when shooting selfies in low light. Thanks to Night mode, you can get very usable shots even in extremely dark situations.iPhone 12 Pro selfie camera samples Apple is going back to a flat frame like that of the iPhone 4 with its new iPhone 12 series – Advertisement –