2023年1月9日 星期一

noncompete, sui generis. non-compete clause (often NCC), term (TIME), board report, custodian, caretaker


An illustration of a pair of hands shackled to a computer keyboard.

LINA M. KHAN

Why You Should Worry About Noncompete Clauses (Even if You Don’t Have One in Your Contract)





The Internet has proved remarkably resistant to state governance. Its use can certainly be shaped by expensive government initiatives such as China’s Great Firewall or the European Union’s General Data Protection Regulation (GDPR). But multilateral attempts to control the Internet itself have so far failed, mainly because the deliberately impenetrable “global Internet community”—including Internet service providers and sui generis governance institutions such as the Internet Engineering Task Force and the Internet Society—is dedicated, in the best geek spirit, to avoiding state capture.


You probably have a noncompete agreement if you assemble sandwiches at a Jimmy John's sub sandwich chain for a living. Here’s why that’s a problem.
From Jimmy John’s comes another example of how employers are...
NYTIMES.COM|由 NEIL IRWIN 上傳

Kabuki fans are convinced the intensity of acting and carrying around centuries of tradition shortens the lives of the greatest performers. Kanzaburo, who first performed at just three, was 57 when he died of complications from cancer. (Danjuro died from pneumonia, aged 66.) Kanzaburo’s sons, Kankuro VI and Shichinosuke II, inherit the custodianship of a lineage that stretches back 18 generations.

  • Tomas Munita for The New York Times

  • Tomas Munita for The New York Times

  • Tomas Munita for The New York Times

  • Tomas Munita for The New York Times

  • Tomas Munita for The New York Times

  • Tomas Munita for The New York Times

  • Tomas Munita for The New York Times

  • Tomas Munita for The New York Times
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Souvenir sellers waited for customers at the pyramids of Giza.

Egypt’s Tourism Suffers After Revolution

After the fall of a dictator, there is widespread gloom that Egypt is stagnating again, its economy heading toward a cliff, while the caretaker government fails to act.

Non-competition clauses, also known as non-compete agreements, set boundaries and conditions on a former employee's ability to work for a competitor upon ...


term
(TIME) 
noun
1 [C] the fixed period of time which something lasts for:
He received a prison term for drunk driving.
The Government's term of office (= The period in which they have power) expires at the end of the year.
See also terms.

2 [C] MAINLY UK (US USUALLY semester or quarter) one of the periods into which a year is divided at school, college or university:
In Britain, the spring term starts in January and ends just before Easter.
We're very busy in term-time (= during the term).

3 [C] FORMAL the period of time which a legal agreement lasts for:
The lease on our house is near the end of its term.

4 [U] SPECIALIZED the end of a pregnancy when a baby is expected to be born:
Her last pregnancy went to term (= The baby was born after the expected number of weeks).
a full-term pregnancy

-term
suffix
long/medium/short-term lasting a long/medium/short time:
The project will have long-term benefits. ━━ n. 期限, 期間; 任期; 学期; 【法】(裁判所の)開期; 支払い期日; 出産予定日; (pl.) (契約・支払い・値段などの)条件; (pl.) 約定; 要求額, 値段; (pl.) 間柄, 交際関係; 語, 用語 (a technical ~ 術語); (pl.) ことばづかい; 【論】名辞; 【数】項; (分数の)分子[分母].
bring … [come] to terms 降参させる[する] ((with)); 話をまとめる[がまとまる].
in terms of …のことばで; …によって; …の(観)点から(見ると).
make [come] terms with …と妥協する.
not on any terms / on no terms 決して…ない.
on equal terms 対等(の立場)で ((with)).
on good [bad] terms 仲がよく[悪く]て ((with)).
on one's own terms 望みどおりの条件で.
on speaking terms ことばをかわす程度の間柄で ((with)).
terms of reference 〔英〕 委託事項[権限].
━━ vt. 名づける, 呼ぶ.
term insurance 定期保険.
term・ly ━━ a. 学期[任期]ごとの.
term paper 学期末レポート.


Black Given Prison Term Over Fraud

Published: December 11, 2007

CHICAGO, Dec. 10 — In the months since his convictions in July on fraud and obstruction of justice charges, Conrad M. Black, the fallen press baron who once presided over the world’s third-largest newspaper empire, was not above poking fun at himself as he waited to see how long he would spend in prison.







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Jerry Lai/Associated Press
Conrad M. Black after being sentenced Monday in Chicago on charges of fraud and obstructing justice.

He received his answer Monday as Judge Amy J. St. Eve of United States District Court sentenced Mr. Black to 6 1/2 years in prison on three fraud charges and one charge of obstruction of justice for removing 13 boxes of documents from the Toronto offices of his media company, Hollinger International, an infraction caught on videotape.
“Mr. Black, you have violated your duty to Hollinger International and its shareholders,” Judge St. Eve told Mr. Black. “I frankly cannot understand how someone of your stature could engage in the conduct you did.”
While the sentence means Mr. Black could be nearly 70 when he is released, the amount of time he received was much less than hoped for by prosecutors, who at one time sought a sentence of 24 to 30 years.
Mr. Black, who will most likely serve his sentence at a federal prison camp at Eglin Air Force Base about 500 miles from his home in Palm Beach, Fla., was allowed to remain free on bail until March 3.
On the sidewalk outside the courthouse, he told the throng of reporters, “I think the fact we’re appealing speaks for itself.”
In some ways, Mr. Black is just another in a long line of white-collar criminals sentenced for corporate fraud. In other ways, he was — as he himself might say in casual conversation — sui generis.
Instead of keeping a low profile after his conviction, Mr. Black became even more public, if possible, in the last few months. He managed to publish and publicize a 1,152-page biography, “Richard M. Nixon: A Life in Full,” that contained at least one error: the brief author’s biography says that Mr. Black divides his time between London and Toronto. By the time the book was published, he had already turned over his passport and spent most of his time holed up his mansion in Palm Beach.
Still, that did not prevent Mr. Black from doing television interviews or from participating in a Toronto book signing, thanks to a high-tech device called the LongPen, which allowed him to sign books remotely. During the signing, one questioner even suggested a parallel between that video that sank Mr. Black and the recordings that doomed the Nixon presidency.
In a segment for the satirical Canadian television show “The Rick Mercer Report,” Mr. Black did his best Martha Stewart impression, teaching viewers how to properly wax a maple leaf for decorating. Pressing a maple leaf between two of the hefty biographies he has written, Mr. Black said, “Here we have a perfectly waxed maple leaf, a great solace to everyone and especially to those who, for complicated reasons, can’t at first hand observe the changing of the seasons this autumn in Canada.” (The segment has a second life on YouTube.)
But those fun and games are now largely over. It will now be almost seven years until Mr. Black, who was barred from leaving the United States after his conviction, can return to his native Canada.
In July, nearly four years after the case began, Mr. Black was convicted on four charges — three fraud charges stemming from taking improper noncompete fees and an obstruction of justice charge for removing boxes of documents from his Toronto office, an infraction that was caught on videotape. Mr. Black will have to pay a fine of $125,000.
Mr. Black’s downfall began in November 2003 when the board found that he and other executives had improperly taken about $32 million in payments. The jury, however, found that Black improperly gained $6.1 million, a figure he must now forfeit. Much of the case was centered on noncompete payments from selling newspapers that should have gone to shareholders but instead lined the pockets of Mr. Black and several other executives, who were to be sentenced later in the afternoon.
Mr. Black, who once declared he would “not re-enact the French Revolutionary renunciation of the rights of the nobility” when criticized for using shareholder money to pay for a vacation to Bora Bora, and charged a lavish birthday party for his wife at La Grenouille restaurant in New York to his company, was acquitted of charges stemming from those incidents.
The sentencing hearing lasted for more than two hours, as Mr. Black’s defense team cited letters testifying to Mr. Black’s character from friends like Elton John (whose AIDS foundation received a donation from Mr. Black), and the political columnist George F. Will, a longtime friend who wrote of Mr. Black, “He loves this country with a deeply informed passion.”
Mr. Black’s sentencing consultant, Jeffrey Steinbach, even mentioned a letter from a man, not famous, who was once drunk at a party and got a ride home from Mr. Black.
When Eric Sussman, the prosecutor, responded, he noted that the donation to Mr. John’s foundation came from the coffers of The Daily Telegraph.
“Does Elton John really know Conrad Black?” Mr. Sussman said. “The fact of the matter remains that when Mr. Black was asked to go in to his pocket he said no.”
Mr. Black, often described as a millionaire who lived like a billionaire, built a single newspaper in Sherbrooke, Quebec, which he bought in 1976, into what was at one time the third-largest newspaper company in the world. Its flagship properties were The Daily Telegraph and The Chicago Sun-Times.


Duties of Each Board:
THE BOARD OF PROPERTY is responsible for:

1. Supervising and Maintaining Church properties.
2. Evaluating the work of the custodian.
3. Supervise the acquisition of all real property and the disbursements of such property.


  1. non-compete clause (often NCC), or covenant not to compete(CNC), is a term used in contract law under which one party (usually an employee) agrees not to enter into or start a similar profession or trade in competition against another party (usually the employer).
custodian
n.
  1. One that has charge of something; a caretaker: the custodian of a minor child's estate; the custodian of an absentee landlord's property.
  2. A janitor: worked nights as custodian of a high school.
custodianship cus·to'di·an·ship' n.

 
su·i ge·ne·ris ('ī' jĕn'ər-ĭs, sū'ē) pronunciation自成一格
adj.
Being the only example of its kind; unique: "sui generis works like Mary Chesnut's Civil War diary" (Linda Orr).

[Latin suī generis : suī, of its own + generis, genitive of genus, kind.]


caretaker
[名]
1 ((米))世話人(親・教師・看護婦など).
2 (建物・地所などの)管理人;職務の一時代行人[者, 機関].
3 ((英))(学校など公共施設の)管理人, 門衛, 門番(((米・スコット))janitor).
━━[形]((限定))代理の, 暫定の
a caretaker Cabinet [government]
暫定内閣[政府].
cáre・tàking

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