Visualizzazione post con etichetta rule. Mostra tutti i post
Visualizzazione post con etichetta rule. Mostra tutti i post

sabato 29 marzo 2014

In Garcia v. Google Inc., Google and YouTube have filed their response in opposition to Garcia’s emergency motion for contempt

In Garcia v. Google Inc., Google and YouTube have filed their response in opposition to Garcia’s emergency motion for contempt



In Garcia v. Google Inc., Google and YouTube have filed their response in opposition to Garcia’s emergency motion for contempt: You can access the companies’ response at this link. This past Wednesday, a three-judge Ninth Circuit panel ordered Google and YouTube to file a response to the contempt motion within 72 hours of that order.Because the 72-hour period would expire today, on a Saturday, I took a look at Federal Rule of Appellate Procedure 26(a)(2) (a subsection of the rule governing the computation of time titled “Period Stated in Hours” applicable both to the appellate rules and to appellate court orders) to confirm whether the actual deadline for the response would be today (literally 72 hours after the entry of the Ninth Circuit’s order) or whether …



via How Appealing:


In Garcia v. Google Inc., Google and YouTube have filed their response in opposition to Garcia’s emergency motion for contempt: You can access the companies’ response at this link.


This past Wednesday, a three-judge Ninth Circuit panel ordered Google and YouTube to file a response to the contempt motion within 72 hours of that order.


Because the 72-hour period would expire today, on a Saturday, I took a look at Federal Rule of Appellate Procedure 26(a)(2) (a subsection of the rule governing the computation of time titled “Period Stated in Hours” applicable both to the appellate rules and to appellate court orders) to confirm whether the actual deadline for the response would be today (literally 72 hours after the entry of the Ninth Circuit’s order) or whether the deadline would be extended until Monday.


Rule 26(a)(2) states (paragraph breaks omitted): “Period Stated in Hours. When the period is stated in hours: (A) begin counting immediately on the occurrence of the event that triggers the period; (B) count every hour, including hours during intermediate Saturdays, Sundays and legal holidays; and (C) if the period would end on a Saturday, Sunday, or legal holiday, the period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday.”


As I read the text of Rule 26(a)(2), if the 72-hour period expired at 2 p.m. today, Google and YouTube would have had until 2 p.m. on Monday, March 31, 2014 to timely file their response. That would appear to be the plain meaning of the text of Rule 26(a)(2), and nothing in the Ninth Circuit’s order directing a response made Rule 26(a)(2) inapplicable to computing the time afforded under the order within which to file a response.


Nevertheless, erring on the side of caution, Google and YouTube decided to file their response before the 72-hour period expired, even though Rule 26(a)(2) appears to have allowed them until some point on Monday to file a timely response.


For more info: In Garcia v. Google Inc., Google and YouTube have filed their response in opposition to Garcia’s emergency motion for contempt


How Appealing



In Garcia v. Google Inc., Google and YouTube have filed their response in opposition to Garcia’s emergency motion for contempt


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Law Around, department, garcia, howard-bashman, judge, monday, ninth-circuit, period, period-stated, rule

mercoledì 5 marzo 2014

One last post

One last post



One last postMarch 4, 2014I meant to make this post before the previous one announcing the decision to stop the blog.After a lot of reflection and analysis of February’s poor trades, if I had to point to the root cause of it, I’d say it was the refusal to take my losses on the yen pairs in late Jan / early Feb.The old proverb is very very true: The first loss is the best loss.Because I didn’t get out of those trades, my view of the market got progressively more distorted. One poor decision led to a string of poor decisions. As those trades slipped further into the red, fear crept into my decision-making leading to further poor trades.The lesson, the rule that I …



via Zen and the Art of FX Trading:



I meant to make this post before the previous one announcing the decision to stop the blog.


After a lot of reflection and analysis of February’s poor trades, if I had to point to the root cause of it, I’d say it was the refusal to take my losses on the yen pairs in late Jan / early Feb.


The old proverb is very very true: The first loss is the best loss.


Because I didn’t get out of those trades, my view of the market got progressively more distorted. One poor decision led to a string of poor decisions. As those trades slipped further into the red, fear crept into my decision-making leading to further poor trades.


The lesson, the rule that I will never break again:


Plan the trade and trade the plan.


The first loss is always the best loss.


When the market proves you wrong, accept it gracefully, don’t fight it.


trading trades rule related poor market forex adsshare forex trading trades rule related poor market forex adsshare forex


For more info: One last post


Zen and the Art of FX Trading



One last post


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Forex, adsshare, forex, market, poor, related, rule, trades, trading

venerdì 7 febbraio 2014

USDJPY: closed short at 102.17, -52 pips

USDJPY: closed short at 102.17, -52 pips



USDJPY: closed short at 102.17, -52 pipsFebruary 7, 201414.25 gmtHave decided to close the UJ shorts too.Closed $25/pip short UJ at 102.17, -52 pips.Today’s experience again reinforces some lessons I’ve learned many, many times:1. Never trade fast markets, especially after a big data event like today’s. 9/10 time the prices in the first few minutes are a fake-out.2. It is best to stay out of events like this. I usually would follow this rule but I had to be extra careful due to the long UJ and GJ exposure I still have.Strangely enough its cable that is taking off higher, most other pairs are unsure. The SP500 is up over 1785, which is also strange given the data today. It almost makes one think of conspiracy theories – the SP500 …



via Zen and the Art of FX Trading:



14.25 gmt


Have decided to close the UJ shorts too.


Closed $25/pip short UJ at 102.17, -52 pips.


Today’s experience again reinforces some lessons I’ve learned many, many times:


1. Never trade fast markets, especially after a big data event like today’s. 9/10 time the prices in the first few minutes are a fake-out.


2. It is best to stay out of events like this. I usually would follow this rule but I had to be extra careful due to the long UJ and GJ exposure I still have.


Strangely enough its cable that is taking off higher, most other pairs are unsure. The SP500 is up over 1785, which is also strange given the data today. It almost makes one think of conspiracy theories – the SP500 is being pumped, and with the correlations with yen pairs programmed into the altos, they take care of all other markets.


trading trades time the prices sp500 rule markets google related forex events conspiracy forex trading trades time the prices sp500 rule markets google related forex events conspiracy forex


For more info: USDJPY: closed short at 102.17, -52 pips


Zen and the Art of FX Trading



USDJPY: closed short at 102.17, -52 pips


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martedì 5 novembre 2013

Investment Workout: 6 drills to cut the flab on a portfolio

Investment Workout: 6 drills to cut the flab on a portfolio



This guest post is from Andy Creak. Andy is the co-founder and director at the DIY investment platform rplan. He is passionate about helping self-investors make better financial decisions and turning the UK financial services industry on its head.As the years of my life go by, I’ve been putting more and more effort to stay in a good physical shape. During my recent 6 a.m. jog around the woods I had a light-bulb moment when I realised that our bodies and investment portfolios are very much alike. It’s simple: my portfolio’s fitness depends on how much exercise it gets, just like my body. So, I devised a workout for my portfolio. Following my 6 Investment Workouts routine should help you get your portfolio back …



via Get Rich Slowly – Personal Finance That Makes Sense.:



This guest post is from Andy Creak. Andy is the co-founder and director at the DIY investment platform rplan. He is passionate about helping self-investors make better financial decisions and turning the UK financial services industry on its head.


As the years of my life go by, I’ve been putting more and more effort to stay in a good physical shape. During my recent 6 a.m. jog around the woods I had a light-bulb moment when I realised that our bodies and investment portfolios are very much alike. It’s simple: my portfolio’s fitness depends on how much exercise it gets, just like my body. So, I devised a workout for my portfolio. Following my 6 Investment Workouts routine should help you get your portfolio back in shape.


1. Warming up: Figure out what you’re paying for your investments

Cheaper investments aren’t always better. In many cases, passive funds are a great option, but in others (such as emerging markets), actively managed funds can do much better. However, there’s no denying that excessive charges consume the performance of your funds. I tend to look at the charges on my funds from a two-level perspective:


Broker level

As with other goods and services, when choosing an investment broker, you should make sure that you get good value for money. Things to consider:



  • Figure out how much your provider is charging for holding your portfolio. The charges will most likely include: initial fees, admin fees, dealing fees, ongoing commission and sometimes exit/account closure fees.

  • Use comparison tools or spend some of your time on researching alternatives, which may give you better value for your money.


If you decide to go for the more pricey platform, make sure that you understand what additional services you are getting from them that make them worth the money


Fund level

For the purpose of this post, I shall focus on mutual funds, however this also applies to ETFs (though shares work differently.) The charges for different funds can vary widely. I tend to follow a simple rule: if a fund has higher charges, I look for a justification in better-than-average performance. It’s also worth keeping an eye out for other charges such as the performance fee (if the investment outperforms its target) or initial fees (very rare these days).


2. Push ups: Establish your risk level

The correlation between risk and reward is one of the foundations of investing; the more risk you’re prepared to take, the greater the chance of higher investment returns or losses. On the contrary, the chances of big returns are as limited as your risk tolerance. I tend to use volatility to assess the risk of my portfolios.


Once you establish how much risk you are willing to take, your investment goal and the time horizon to achieve it, you should check whether the funds in your portfolio actually give you the risk level you set out for. In some cases, I had found that I wanted a low to medium level of

risk, but the funds in my portfolio were anything but. Make sure to adjust its overall risk level by adding (or switching to) more/less risky alternatives.


3. Squats: Work out your target asset allocation

The term asset allocation simply stands for “where to invest” – such as equities or bonds, for instance, or US equities, China equities, UK government bonds if you’re going into more detail. The mix of sectors you choose will have a great impact both on the risk level of your

portfolio as well as its performance. Depending on your investment experience, you could either use a “ready-made” portfolio as a starting point, or construct your own from scratch. The key rule to remember is not to put all the eggs in one basket – diversify your investment.


4. Sit-ups: Measure your performance against a relevant benchmark

To see how your portfolio is performing in real-money terms, compare against a useful benchmark. Professional traders tend to use market indexes such as the S&P 500, however this is rarely relevant to an individual investor. You’ll want to compare to a risk-adjusted benchmark – that is, a benchmark which matches the level of risk of your portfolio. There is no use comparing your high-risk portfolio to inflation – it might make you make you feel like Mr. Buffett’s successor, but it won’t help you figure out how well you’re doing compared to others in the same space.


Firstly, find out how your portfolio has been performing over the last year and monitor the benchmark within the same date range (e.g., Sept. 1, 2012 to Aug. 31, 2013). Secondly, figure out your risk tolerance (see exercise above). Finally, carefully review your performance by comparing it against market portfolios of the same risk level. Remember that the benchmark has to have a similar risk profile. If you’re beating the benchmark – congrats, you’re all good. Otherwise, you might want to review your investment strategy (unless your are taking a bet on a specific market outcome, in which case sitting it through could be a good option).


5. Weightlifting: Rebalance

Another key exercise for your investments is to periodically adjust the proportion of assets in your portfolio. This process is known as rebalancing. Its sole purpose is to reduce the big ups and downs that markets experience by restoring the original asset allocation. It works by selling some of the investments that performed better, and buying those that have done less well. Rebalancing will keep your portfolio at its original risk level and help dampen the effects of market crashes. Vanguard done some research suggesting that investors rebalance every six to 12 months, when their asset allocation is off the target by 5 percent or more.


6. Stretching: Weed out any consistently underperforming funds

Although past performance is not an indicator of fund’s future gains, it would take a great deal of convincing for an investor to keep buying into a consistently underperforming fund over a sustained period. However in some cases, you may have a very good reason for choosing it, e.g.belief in fund manager’s strategy over the longer term. My rule of thumb is to take a closer look at any of the funds I choose which are consistently in the bottom 25 percent of their sector over a two-year period.


Is your portfolio feeling better already? Do this regularly, and it will become a reliable and regular performer with no extra fat.


If you have your own investment workout routine that you follow, make sure to share with us in

the comments!


















For more info: Investment Workout: 6 drills to cut the flab on a portfolio


Get Rich Slowly – Personal Finance That Makes Sense.



Investment Workout: 6 drills to cut the flab on a portfolio


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