Recent Decisions

Antitrust--Act of State Doctrine Precludes Judicial Review of Cases in which Private Defendant Induces Foreign Sovereign to Boycott Plaintiff\u27s Services and Products David R. Simon Plaintiff, a designer and manufacturer of short takeoff and landing (STOL) aircraft, sought damages from defendants for violation of sections 1 and 2 of the Sherman Act. Specifically, plaintiff alleged that defendant\u27s employees falsely disparaged General Aircraft Corporation\u27s (GAC) STOL aircraft products and services by circulating false and misleading performance reports and engaged in a vendetta designed to drive GAC out of business because of GAC\u27s refusal to conduct Southeast Asian Helio sales under the auspices of defendant Doole and Air American. Plaintiff asserted that in furtherance of this vendetta, Air Asia obtained GAC proprietary data and trade secrets that enabled the defendant to fabricate Hello planes and parts without license at its repair facilities in Taiwan from 1962 to January 31, 1975. Finally, plaintiff alleged that defendant orchestrated a boycott of GAC\u27s STOL aircraft, thereby completing the conspiracy to destroy GAC\u27s competitive position in the marketplace. ==================================== Sovereign Immunity-- Act of State Doctrine--Claim Lies for Iran\u27s Failure to Compensate Following Nationalization David D. Dowd Plaintiffs, three corporations collectively representing American insurance interests in Iran in 1979, filed a motion for partial summary judgment on the issue of liability in an action for damages brought in response to the nationalization without compensation of plaintiffs\u27 Iranian insurance interests by defendants Islamic Republic of Iran and Central Insurance of Iran (CII). This nationalization severed all business relations between plaintiffs, defendants, and those Iranian insurance companies in which plaintiffs had invested. Plaintiffs claimed this nationalization provided no mechanism for adequate compensation in violation of the Treaty of Amity and, independently, international law. Defendants argued that either the act of state doctrine or sovereign immunity precluded the court from awarding partial summary judgment. On plaintiffs\u27 motion for partial summary judgment on liability under the Treaty of Amity and international law, granted

Sharing Longevity Risk: Why Governments Should Issue Longevity Bonds

Government-issued longevity bonds would allow longevity risk to be shared efficiently and fairly between generations. In exchange for paying a longevity risk premium, the current generation of retirees can look to future generations to hedge their systematic longevity risk. Longevity bonds will lead to a more secure pension savings market, together with a more efficient annuity market. By issuing longevity bonds, governments can aid the establishment of reliable longevity indices and key price points on the longevity risk term structure and help the emerging capital market in longevity-linked instruments to build on this term structure with liquid longevity derivatives

MEPicides: Potent antimalarial prodrugs targeting isoprenoid biosynthesis

AbstractThe emergence of Plasmodium falciparum resistant to frontline therapeutics has prompted efforts to identify and validate agents with novel mechanisms of action. MEPicides represent a new class of antimalarials that inhibit enzymes of the methylerythritol phosphate (MEP) pathway of isoprenoid biosynthesis, including the clinically validated target, deoxyxylulose phosphate reductoisomerase (Dxr). Here we describe RCB-185, a lipophilic prodrug with nanomolar activity against asexual parasites. Growth of P. falciparum treated with RCB-185 was rescued by isoprenoid precursor supplementation, and treatment substantially reduced metabolite levels downstream of the Dxr enzyme. In addition, parasites that produced higher levels of the Dxr substrate were resistant to RCB-185. Notably, environmental isolates resistant to current therapies remained sensitive to RCB-185, the compound effectively treated sexually-committed parasites, and was both safe and efficacious in malaria-infected mice. Collectively, our data demonstrate that RCB-185 potently and selectively inhibits Dxr in P. falciparum, and represents a promising lead compound for further drug development.</jats:p

Survey of bacterial diversity in chronic wounds using Pyrosequencing, DGGE, and full ribosome shotgun sequencing

<p>Abstract</p> <p>Background</p> <p>Chronic wound pathogenic biofilms are host-pathogen environments that colonize and exist as a cohabitation of many bacterial species. These bacterial populations cooperate to promote their own survival and the chronic nature of the infection. Few studies have performed extensive surveys of the bacterial populations that occur within different types of chronic wound biofilms. The use of 3 separate16S-based molecular amplifications followed by pyrosequencing, shotgun Sanger sequencing, and denaturing gradient gel electrophoresis were utilized to survey the major populations of bacteria that occur in the pathogenic biofilms of three types of chronic wound types: diabetic foot ulcers (D), venous leg ulcers (V), and pressure ulcers (P).</p> <p>Results</p> <p>There are specific major populations of bacteria that were evident in the biofilms of all chronic wound types, including <it>Staphylococcus, Pseudomonas, Peptoniphilus, Enterobacter, Stenotrophomonas, Finegoldia</it>, and <it>Serratia </it>spp. Each of the wound types reveals marked differences in bacterial populations, such as pressure ulcers in which 62% of the populations were identified as obligate anaerobes. There were also populations of bacteria that were identified but not recognized as wound pathogens, such as <it>Abiotrophia para-adiacens </it>and <it>Rhodopseudomonas </it>spp. Results of molecular analyses were also compared to those obtained using traditional culture-based diagnostics. Only in one wound type did culture methods correctly identify the primary bacterial population indicating the need for improved diagnostic methods.</p> <p>Conclusion</p> <p>If clinicians can gain a better understanding of the wound's microbiota, it will give them a greater understanding of the wound's ecology and will allow them to better manage healing of the wound improving the prognosis of patients. This research highlights the necessity to begin evaluating, studying, and treating chronic wound pathogenic biofilms as multi-species entities in order to improve the outcomes of patients. This survey will also foster the pioneering and development of new molecular diagnostic tools, which can be used to identify the community compositions of chronic wound pathogenic biofilms and other medical biofilm infections.</p

Effects of Intermittent Emission: Noise Inventory for Scintillating Pulsar B0834+06

We compare signal and noise for observations of the scintillating pulsar B0834+06, using very-long baseline interferometry and a single-dish spectrometer. Comparisons between instruments and with models suggest that amplitude variations of the pulsar strongly affect the amount and distribution of self-noise. We show that noise follows a quadratic polynomial with flux density, in spectral observations. Constant coefficients, indicative of background noise, agree well with expectation; whereas second-order coefficients, indicative of self-noise, are about 3 times values expected for a pulsar with constant on-pulse flux density. We show that variations in flux density during the 10-sec integration account for the discrepancy. In the secondary spectrum, about 97% of spectral power lies within the pulsar's typical scintillation bandwidth and timescale; an extended scintillation arc contains about 3%. For a pulsar with constant on-pulse flux density, noise in the dynamic spectrum will appear as a uniformly-distributed background in the secondary spectrum. We find that this uniform noise background contains 95% of noise in the dynamic spectrum for interferometric observations; but only 35% of noise in the dynamic spectrum for single-dish observations. Receiver and sky dominate noise for our interferometric observations, whereas self-noise dominates for single-dish. We suggest that intermittent emission by the pulsar, on timescales < 300 microseconds, concentrates self-noise near the origin in the secondary spectrum, by correlating noise over the dynamic spectrum. We suggest that intermittency sets fundamental limits on pulsar astrometry or timing. Accounting of noise may provide means for detection of intermittent sources, when effects of propagation are unknown or impractical to invert.Comment: 38 pages, 10 figure

Evaluation of the bacterial diversity in the feces of cattle using 16S rDNA bacterial tag-encoded FLX amplicon pyrosequencing (bTEFAP)

<p>Abstract</p> <p>Background</p> <p>The microbiota of an animal's intestinal tract plays important roles in the animal's overall health, productivity and well-being. There is still a scarcity of information on the microbial diversity in the gut of livestock species such as cattle. The primary reason for this lack of data relates to the expense of methods needed to generate such data. Here we have utilized a bacterial tag-encoded FLX 16s rDNA amplicon pyrosequencing (bTEFAP) approach that is able to perform diversity analyses of gastrointestinal populations. bTEFAP is relatively inexpensive in terms of both time and labor due to the implementation of a novel tag priming method and an efficient bioinformatics pipeline. We have evaluated the microbiome from the feces of 20 commercial, lactating dairy cows.</p> <p>Results</p> <p>Ubiquitous bacteria detected from the cattle feces included <it>Clostridium</it>, <it>Bacteroides, Porpyhyromonas, Ruminococcus, Alistipes, Lachnospiraceae, Prevotella, Lachnospira, Enterococcus, Oscillospira, Cytophage, Anaerotruncus</it>, and <it>Acidaminococcus </it>spp. Foodborne pathogenic bacteria were detected in several of the cattle, a total of 4 cows were found to be positive for <it>Salmonella </it>spp (tentative <it>enterica</it>) and 6 cows were positive for <it>Campylobacter </it>spp. (tentative <it>lanienae</it>).</p> <p>Conclusion</p> <p>Using bTEFAP we have examined the microbiota in the feces of cattle. As these methods continue to mature we will better understand the ecology of the major populations of bacteria the lower intestinal tract. This in turn will allow for a better understanding of ways in which the intestinal microbiome contributes to animal health, productivity and wellbeing.</p

First validation of high-resolution satellite-derived methane emissions from an active gas leak in the UK

Atmospheric methane (CH4) is the second-most-important anthropogenic greenhouse gas and has a 20-year global warming potential 82 times greater than carbon dioxide (CO2). Anthropogenic sources account for g1/4g% of global CH4 emissions, of which 20g% come from oil and gas exploration, production and distribution. High-resolution satellite-based imaging spectrometers are becoming important tools for detecting and monitoring CH4 point source emissions, aiding mitigation. However, validation of these satellite measurements, such as those from the commercial GHGSat satellite constellation, has so far not been documented for active leaks. Here we present the monitoring and quantification, by GHGSat's satellites, of the CH4 emissions from an active gas leak from a downstream natural gas distribution pipeline near Cheltenham, UK, in the spring and summer of 2023 and provide the first validation of the satellite-derived emission estimates using surface-based mobile greenhouse gas surveys. We also use a Lagrangian transport model, the UK Met Office's Numerical Atmospheric-dispersion Modelling Environment (NAME), to estimate the flux from both satellite-and ground-based observation methods and assess the leak's contribution to observed concentrations at a local tall tower site (30gkm away). We find GHGSat's emission estimates to be in broad agreement with those made from the in situ measurements. During the study period (March-June 2023) GHGSat's emission estimates are 236-1357gkggCH4gh-1, whereas the mobile surface measurements are 634-846gkggCH4gh-1. The large variability is likely down to variations in flow through the pipe and engineering works across the 11-week period. Modelled flux estimates in NAME are 181-1243gkggCH4gh-1, which are lower than the satellite-and mobile-survey-derived fluxes but are within the uncertainty. After detecting the leak in March 2023, the local utility company was contacted, and the leak was fixed by mid-June 2023. Our results demonstrate that GHGSat's observations can produce flux estimates that broadly agree with surface-based mobile measurements. Validating the accuracy of the information provided by targeted, high-resolution satellite monitoring shows how it can play an important role in identifying emission sources, including unplanned fugitive releases that are inherently challenging to identify, track, and estimate their impact and duration. Rapid, widespread access to such data to inform local action to address fugitive emission sources across the oil and gas supply chain could play a significant role in reducing anthropogenic contributions to climate change.</p

Longevity Risk and Hedging Solutions

Longevity risk—the risk of unanticipated increases in life expectancy—has only recently been recognized as a significant global risk that has materially raised the costs of providing pensions and annuities. We first discuss historical trends in the evolution of life expectancy and then analyze the hedging solutions that have been developed for managing longevity risk. One set of solutions has come directly from the insurance industry: pension buyouts, buy-ins, and bulk annuity transfers. Another complementary set of solutions has come from the capital markets: longevity swaps and q-forwards. This has led to hybrid solutions such as synthetic buy-ins. We then review the evolution of the market for longevity risk transfer, which began in the UK in 2006 and is arguably the most important sector of the broader “life market.” An important theme in the development of the longevity market has been the innovation originating from the combined involvement of insurance, banking, and private equity participants