Correction---Top Story Links Now Working
May 8 – May 12

(For readers who did not have access, although corrected later
in the day, please excuse the delay. Editor)

Top Stories: May 8 - May 12
(Opened Most by Readers)

(1)    New Developments in Ascentium Action:
Texas Judge Expresses Doubt on Class Action Allegations;
State court Complaints are Filed and
Balboa Capital Joined as Defendant
  By Tom McCurnin, Leasing News Legal Editor
http://leasingnews.org/archives/May2017/05_08.htm#developments

(2) RLC Funding Updated & Navitas’ One Hour Response
          Funders List "A"
http://leasingnews.org/archives/May2017/05_12.htm#rlc

(3) “On Deck Goes from Hot Tech Startup
     to Dull Lender,” reports Wall Street Journal
http://leasingnews.org/archives/May2017/05_10.htm#ondeck

(4) New Hires---Promotions in the Leasing Business
and Related Industries
http://leasingnews.org/archives/May2017/05_12.htm#hires

(5) Leasing News The List  -  March, 2017
   The Good, the Bad, and the Ugly
http://leasingnews.org/archives/May2017/05_10.htm#list_march

(6) 9 Useful Phone Apps for Sales Reps
          Sales Makes it Happen by Jim Acee
http://leasingnews.org/archives/May2017/05_10.htm#9

(7) Lending Club May Have Hit a Dead End
       By Maria Terekhove, Business Insider
http://leasingnews.org/archives/May2017/05_10.htm#lending

(8) FDIC Announces $3 Million Settlement for Three
             for Unfair and Deceptive Practices
http://leasingnews.org/archives/May2017/05_12.htm#fdic

(9) TEAM Funding Solutions Joins
   Mintaka Financial Roster of Partners
http://leasingnews.org/archives/May2017/05_10.htm#team

(10) Milwaukee, Wisconsin 119 Branch Bank Failure
         Only 12 Branches Will Re-Open
http://leasingnews.org/archives/May2017/05_08.htm#bank_beat

[headlines]
--------------------------------------------------------------

DocuSign Breached, Malware To Blame
Emailed Subscribers Not to Open Suspicious eMail

by Eduard Kovacs, www.securityweek.com

Electronic signature technology provider DocuSign informed customers on Monday that they may receive malicious emails after cybercriminals managed to steal email addresses from one of its servers.

DocuSign recently issued a couple of malicious email campaign alerts to warn users of fake emails set up to deliver malware via macro-enabled Word documents.

The fake messages appeared to come from addresses such as dse@docus.com and dse@docusgn.com, and they carried the subject line “Completed: [domain name] – Wire transfer for recipient-name Document Ready for Signature” and “Completed [domain name/email address] – Accounting Invoice [Number] Document Ready for Signature.”

On Monday, DocuSign admitted that the spike in malicious emails was the result of a security breach. According to the company, hackers breached a “non-core system” designed for sending service-related email announcements to users.

The firm said the attackers only accessed email addresses; there was no evidence that names, physical addresses, passwords, social security numbers, payment card data or other information had been compromised.

“No content or any customer documents sent through DocuSign’s eSignature system was accessed; and DocuSign’s core eSignature service, envelopes and customer documents and data remain secure,” DocuSign stated.

The company said it locked the attackers out of its systems and rolled out additional security controls. Law enforcement agencies have been notified of the incident.

DocuSign-themed spam campaigns are not uncommon, but having a list of email addresses that are known to belong to the company’s customers increases the likelihood of recipients opening the malicious emails.

DocuSign has advised users to be wary of these malicious emails and forward any suspicious messages to spam@docusign.com.

“[The emails] may appear suspicious because you don’t recognize the sender, weren’t expecting a document to sign, contain misspellings (like ‘docusgn.com’ without an ‘i’ or @docus.com), contain an attachment, or direct you to a link that starts with anything other than docusign.com or docusign.net,” DocuSign said.

 

 

[headlines]
--------------------------------------------------------------

 

New Hires---Promotions in the Leasing Business
and Related Industries

Steve Banks was chosen to lead ZRG Partners London Office as Managing Director and UK Country Head. "The immediate growth plans for the London office call for having a team of five Managing Directors by the end of the year in key market verticals to further support expansion plans and to grow the London office into a major revenue driver in the coming years,” Bank said, adding, "The UK market is receptive to innovation and new thinking in executive search and ZRG’s data rich value proposition and positioning as a single firm, global option is the right client answer. I am excited about helping grow the UK region in tandem with the firm’s global expansion.”  Previously, Mr. Banks was Managing Partner, Howgate Sable (July, 2005 - March, 2017); Managing Director, MD, Owner, Questor International (January, 2002 - June, 2005); Managing Director, MD, Michael Page/Questor International (1997-2001)
https://www.linkedin.com/in/steve-banks-abab287/

John Crosby was named Capital One’s New Head of Commercial Underwriting and Portfolio Management. He joined Capital One as Chief Credit Officer in 2015 as part of the acquisition of GE Capital's Healthcare Finance Services, which he joined April, 1993.  Prior, he was Audit Manager, KPMB (1986 - 1993).  Education: Quinnipiac University (1982 -1986).
https://media.licdn.com/mpr/mpr/shrinknp_400_400/p/1/000/038/275/03e6adc.jpg

Daniel DeFrancesco was promoted to Vice President, Accounting, Direct Capital, a Division of CIT Bank, N.A., Portsmouth, New Hampshire.  He joined the firm February, 2014, as Accounting Manager; promoted January, 2015, Assistant Vice President, Accounting.  He began his career at Zwicker & Associates, January, 2001, as Collection Specialist; promoted, January, 2002,
Staff Accountant/Financial Analyst; promoted January, 2006, Accounting Manager; promoted September, 2010, Director of Finance. Volunteer: Big Brothers Big Sisters of America (January, 2016 - Present0. Education: Southern New Hampshire University, Master of Science (MS), Accounting (2011 - 2014); University of New Hampshire, Whittemore School of Business and Economics, Bachelor of Science (B.S.), Accounting.
https://www.linkedin.com/in/daniel-defrancesco-40aa8520/ 

Nick Demers was promoted to Vice President, Finance, Direct Capital, a Division of CIT Bank, N.A., Portsmouth, New Hampshire.  He joined the firm February, 2013, and last position was AVP Finance.  Prior, he was Business Analyst, Technology Business Research (June, 2011 - February, 2013).  Volunteer: Assistant Coach, Special Olympics.  Education: University of New Hampshire, Peter T. Paul College of Business and Economics.  Bachelor of Science (B.S.), Finance General. (2007 - 2011).
https://www.linkedin.com/in/nick-demers-989a60bb/

Bruce Donaldson, Jr., was hired as Senior Leasing Consultant, Portsmouth, New Hampshire.  Previously, he was Senior Finance Manager, Direct Capital, a Division of CIT Bank, N.A. (November, 2012 - May, 2017); Executive Sales Associate, CARQUEST Auto Parks (May, 2010 - October 2012); Director of Sales, Valley Rebuilders (January, 2003 -April, 2010).
https://www.linkedin.com/in/bruce-donaldson-jr-05a01963/

Michele Giordano was promoted to Vice President, Application Development and Support.  She joined the firm November, 2014, as Director Enterprise Lending Applications; promoted June, 2015, AV, Enterprise Lending Applications.  She began her career as IT Project Manager, ADP, March, 2002; promoted IT Manager, November, 2004; promoted Director of Operations, July, 2005; promoted Senior Business Strategies, 2008.  Volunteer: Alexandria Township Education Foundation (December, 2010 - Present). America's Grow-a-Row (September, 2014 - Present) Education: City University of New York-College of Staten Island. Master of Science (MS), Computer Science.  Bachelor of Science (BS). Mathematics. Bachelor of Science (BS). Computer Science.  https://www.linkedin.com/in/michelelgiordano/

David Carlton Glassner was promoted to President, JetLease Capital, West Palm Beach, Florida.  He joined the firm with the previous position of Vice President, International Sales and Financing, September, 2016.  Prior, he was Vice President of Sales, The Americas; Emergency Planning Division, Air Partner (October, 2015 - July, 2016); Partner, Amplexus, Ltda. (December, 2012 - October, 2015); Director of Sales, Citation Marketing Division, Cessna Aircraft Company (October, 2007 -May, 2012); Director, International Finance, Cessna Finance Corporation (January, 1998 - October, 2007); International Trade Representative, Kansas Department of commerce (January, 1994 - January, 1998); Inspector and Interpreter, US Navy (January, 1984 -January, 1990). Education: University of Kansas. Bachelor of Arts (B.A.), International Relations and Affairs (1978 - 1982).  Textron Six Sigma; Wichita, Kansas. Green Belt Training, 2004.
https://www.linkedin.com/in/david-carlton-glassner-9842828/ 

Jefferey Hogg was hired as Vice President, Business Development, Leasing & Equipment Financing, Celtic Bank Salt Lake City, Utah.  Previously, he was Vice President of Business Development, TAB Bank (2003 - March, 2017); Business Development Officer, Transportation Alliance Bank (2003 - 2010); Sales Professional, IKON Office Solutions (2000 - 2003); Sales Consultant, RC Willey Home Furnishings (1995 - 2000). Volunteer: Commissioner, Clearfield City Planning Commission (2009 -2010). Education: Biosystems Institute, Bachelors, Respiratory Care (1983 -1982).  Eastern Arizona College, General (1981 - 1982). https://www.linkedin.com/in/jefferey-hogg-96a20225/

Dominic Knight was hired as Senior Leasing Consultant, Beacon Funding, Portsmouth, New Hampshire. Previously, he was Lending Solutions Manager, Direct Capital Corporation (January, 2016 - May, 2017); Director of Mortgage Brokers, Lenderful/MadDog Technology (December, 2013 -January, 2016); Director of Alumni Relations, Orchard Lake St. Mary's Preparatory (January, 2014 - December, 2015); Senior Mortgage Banker, Capital Mortgage Funding (August, 2012 - December, 2013); Key Account Manager, Fathead (January, 2012 - august, 2012); Mortgage Banker, Quicken Loans (November, 2010 -August, 2012); Asset Management Project Manager, Asset Management Resources (May, 2007 - November, 2010). Education: Robert Morris University, Chicago.  Bachelor of Arts (B.A.), Business Administration and Management, General, Cum Laude (2006 -2010). Activities and Societies: Robert Morris Baseball. Orchard Lake St. Mary's Preparatory (2002 -2006).
https://www.linkedin.com/in/dominic-knight-3823b650/

Mike Larson was hired as Vice President of Sales, Partners Capital Group, Seattle, Washington. Previously, he was Manager, Customer Finance, John Bean Technologies Corp. (2016 - April, 2017); Regional Sales Manager, Balboa Capital (October, 2015 -2016); Vice President, National Accounts, TIP Capital (March 2014–October 2015); Regional Sales Executive, Key Bank (December 2011–March 2014); Vice President, Sales, Puget Sound Leasing (2004–2010); Regional Sales Manager, American Express Business Finance (2001–2004); Regional Vice President, First Sierra Financial (1997–2001). Education: Portland State University, BS, Business Administration and management, General (1978 – 1982).
https://www.linkedin.com/in/mike-larson-8076b521/ 

David Marano was promoted to Inside Sales Manager, Construction, Transportation, Industrial Group, PNC Equipment Finance, Horsham Pennsylvania.  He joined the firm October, 2016, as Relationship Manager, Technology Finance Group. Prior rejoined Marlin Business Services, starting November, 2011, working he way up to National Accounts Sales Manager; promoted August, 2013, National Accounts & Major Accounts Sales Manager. Prior, he was at CIT, April, 2005, Express Area Manager, Avaya Financial Services; promoted April, 2007, Assistant Vice President, Avaya Financial Services, leaving November, 2011.He was at Marlin Business Services from July, 2001 to April, 2005, leaving as Senior Account Executive, Office Equipment Group. Previously, Telesales Representative, Bank Outsourcing, De Lage Landen (April, 2001 - July, 2001); Account Executive, Advanta Leasing Services (August, 1998 -April, 2001). Honors: Admirals Club. Education: Rutgers, The State University of New Jersey, Camden. Bachelor of Science (B.S.), Business Administration and Management, General, 1994.
https://www.linkedin.com/in/david-marano-0171025/

Sandra Moore was hired as Managing Director, Chief Impact Officer, Advantage Capital, St. Louis, Missouri. Previously, she was President, Urban Strategies, Inc. (2000 - March, 2017);  Lecturer, University of Pennsylvania Center for Urban Redevelopment Excellence (CUREx) (2003 -2010); Chief Executive Officer, Family Investment Trust (1999 -2000);Senior Vice President, St. Louis 2004 (1997 - 1999); Director, Missouri Department of Labor and Industrial Relations (MO DOLIR) (1994 - 1996); Administrative Judge, Equal Opportunity Employment Commission (1983 -1994).  Education: Washington University School of Law, Doctor of Law (JD) (1976 -1970).  Washington University, Bachelor of Arts (BA), Urban and regional Planning (1972 -1976).  Cum Laude, 1976.
https://www.linkedin.com/in/sandra-moore-0250583a/ 

Jim Nikopoulos was promoted to President of ECN Capital, Toronto, Canada.  Previously, he was Chief Operating Officer,  starting in October, 2016, serving prior as SVP, General Counsel & Corporate Secretary, Element Financial Corporation (September, 2013 - October, 2016).  He also serves as Board Chairman, TeraGO (June, 2016 - Present). Prior, he was VP, Corporate Development & General Counsel, TeraGo Networks (November, 2007 -September, 2013); Partner, Davies Ward Phillips & Vineberg LLP (September, 2001 - October, 2007). Education: York University, Osgoode Hall Law School, Law, (1998 - 2001).  University of Toronto, Honours B.A., Economics & Political Science (1994 -1998).
https://www.linkedin.com/in/jim-nikopoulos-126081b/

Edward O'Donnell was hired as Senior Leasing Consultant, Beacon Funding, Portsmouth, New Hampshire. Previously, he was Strategic Account Manager, Direct Capital, a Division of CIT Bank., N.A. (June, 2009 - April, 2017).  Education: Bachelor of Science, Business Administration w/Concentrations Finance & Marketing.
https://www.linkedin.com/in/edward-o-donnell-a898a91b/

Dara Rapillo was hired as Regional Sales Manager, Xerox Financial Services, Greater New York Area. Previously, she was at EverBank Commercial Finance, starting April, 2008, working her way up to Senior Account Manager; promoted, March 2016, Program Manager.  Prior, she was Sales Representative, Cannon Business Solutions (October, 2007 - April, 2008) She joined CitiCorp., Vendor Finance, Inc. November, 2001 as Intermediate Customer Service Rep.; promoted August, 2003, Senior Account Rep.; Pharmacy Tech., Med-World Pharmacy (July, 2000 -July, 2001).  Education: Ramapo College of New Jersey, Bachelor of Applied Science (B.A.Sc.), Social Services. Rockland Community College, Associate of Arts and Sciences (AAS), business Administration and Management, General (1998 - 2012).
https://www.linkedin.com/in/dara-rapillo-54330012/

Rob Rohner was hired a Senior Leasing Consultant, Beacon Funding, Portsmouth, New Hampshire.  Previously, he was VP of Sales, Ascentium Capital (September, 2016 - April, 2017); Senior Finance Manager, Direct Capital Corporation (January, 2013 - September, 2016); Fraud Analyst, CashStar (October, 2012 -January, 2013); Bartender, Peteys (May, 212 -September, 2012); Tutor, University of Southern Maine (January, 2011 - June, 2011); Bartender, Panther Pub (2010). Education: University of
Southern Maine.  Bachelor of Science (BS), Finance, 3.91/4.0 GPA.  Activities and Societies: Society of Financial Service Professionals, Enactus (SIFE), Phi Kappa Phi Honors Society, Golden Key Honors Society. Manor in finance with emphasis on investment management and risk analysis. Graduated Summa Cum Laude (2010 -2012).  Eastern Washington University, Bachelor of Science (BS), Finance, General (2004 -2006).
https://www.linkedin.com/in/robert-rohner-9b703a5b/

Mike Schlosser was hired as Chief Operations Officer, Mark Capital Financial, LLC. Previously, he was Chief Operating Officer at Mintaka Financial (December, 2015 - February, 2017); Credit Officer, Summit Leasing (July, 2001 – November, 2015). Volunteer: Past President of The First Tee of Yakima, current board member The First Tee of Yakima. Education: Minnesota State University, Moorhead, BS, Business Administration (1978 – 1982). Acquired a BS Degree in Business Administration with a minor in Finance.
Mandan Senior High School (1975 – 1978).     
https://www.linkedin.com/in/mike-schlosser-5773335

Laura Sneed was promoted to Operations Analyst, Wells Fargo Equipment Finance, Chandler, Arizona.  She joined the firm October, 2001, and previous position was Portfolio Manager.  Previously, she was Collector, CIT Group (February, 2002 -July, 2006).  Education: Eastern Michigan University, BA, Language and International Trade (1992 - 1995); Western Michigan University (1989 - 1992).
https://www.linkedin.com/in/laura-sneed-706a839/

 

Leasing Industry Help Wanted

For information on placing a help wanted ad, please click here:
http://www.leasingnews.org/Classified/Hwanted/Hwanted-post.htm 

Please see our Job Wanted section for possible new employees.

[headlines]
--------------------------------------------------------------

 

Strong 21% Increase in Global Hiring
ZRG First Quarter Report

"The Q1 2017 release of the ZRG Partners Global Industrial Hiring Index posted a strong 21% increase in global hiring demand quarter-over-quarter. However, the index showed a 9% year-over-year decrease when compared to Q1 2016. One continued trend we see in the index over 13 quarters of collecting data, is that the most volatility (quarter-to-quarter) appears to be Q4 versus Q1, with the former being seasonally much weaker than the later.

"This is the third quarter-over-quarter comparison we have observed in our data (Q1 versus Q4) and in each comparison Q1 shows a significant increase (of 11%, 31% and 21% respectively) versus the previous calendar quarter. The Q1 2017 results seem to indicate that the employment market is solid across all subsectors within the Industrial space, with the exception of Oil and Gas, a subsector in which hiring has leveled out, but at a very low level.

"From a subsector perspective, Aerospace, EPC and Oil and Gas showed hiring gains from both a year-over-year and quarter-over-quarter perspective.

"Despite showing gains year-over-year and quarter-over-quarter, Oil and Gas continues to lag as overall postings were improved quarter-over-quarter but still tepid on a relative basis and in light of the enormous revenue of this subsector.

"It is interesting to note that the Heavy Equipment subsector had a 34% quarterly gain in job postings, although it was still down year-over-year."

Full ZRG 1st Quarter Report (2 pages)
http://www.leasingnews.org/PDF/ZRG2017Q1.pdf

[headlines]
--------------------------------------------------------------

 

ELFA Legal Forum Recap--Tips and News
from Barry Marks, Esq.

(Abbreviated)

This year in St. Pete Beach, Equipment Leasing and Finance Association President Anthony Cracchiolo, who is also President and CEO of U.S. Bank Equipment Finance, delivered a fascinating appraisal of where we are and where we are going. Tony found a couple of minutes to amplify his observations right after his speech. (It was also fun comparing histories on things like seeing our first fax machine (then called tele copiers) and how computers changed turnaround times from an amazing 24/48 hours - the Federal Express era - to..."I need it yesterday").
 
The bottom line to our chat was that there is ample evidence we are about to catch a big wave in equipment finance. We observed that equipment replacement cycles are running out, whatever the economy, in the years following the Great Recession. Tony added a half-dozen examples of how equipment financing opportunities are cropping up in new sectors and even the cautious are recognizing that the trillion dollars of commercial equipment is more likely to be supported by some form of equipment leasing and finance than ever before.
 
The meteoric rise of merchant cash advance and working capital lenders was largely fueled by advances in electronic payment practices and credit scoring, as well as pressure on bank lenders. The same factors will benefit us. As interest rates rise, margins should spread out and credit concerns ease.

ELFA LEGAL FORUM RECAP

We will go over the long list of interesting recent cases in our next issue. With our entire office at the ELFA Legal Forum, we were able to blanket the sessions and cover all those of real interest. We also brought home a wealth of materials. Here are a few things we learned (there is always more to learn!) or as to which we were able to share information with other attendees.  If you have requested an in-depth review of any of the sessions, we will be sending it to you soon. If anything below strikes you as meriting research or advice, please let us know:

Co-Lessees and upstream guaranties. There was a lot of talk in one session on about co-lessees and upstream (subsidiary) guaranties - although that was not what they were being called in the session. We have warned in the past that co-lessees are not generally a good option in lieu of a traditional parent/owner guaranty. There are many co-lessee issues, especially in the case of true (fmv) leases, although careful drafting can address most of them.

The problem is that if a financially stronger subsidiary co-leases with its parent, or if it guaranties its parent's obligations, courts may find that there is no consideration and/or that the guaranty is a voidable fraudulent transfer. There are things we can do, such as reciting (if we can find or create) consideration. The same rule often holds true of brother/sister affiliates as where two companies owned by the same parent guaranty one or another's obligations.

Leasing in Mexico.  Among other things, a lively session on Canadian and Mexican leasing, hosted by our good friend and dinner co-host Jon Fleisher of Cassels Brock, resulted in the observations that it saves time for actions in Mexico if the original lease or loan document is already in Spanish as well as English when signed. Otherwise, the court appoints a translator and...need we say more? Even then, repossessions are likely to take from 4 months to a year.

Leasing in California. Nothing new in the horror that is the California Finance Lender law, except that now it is the subject of further amends to apply it to mere "finders." The main reason we note the subject here is so that anyone who thought only foreign countries like the one waiting to pay for the wall are backward, anti-business and weird won't think we are immune from such things.

Leasing in New Jersey. Speaking of which, New Jersey Revised Statutes 56:12-60 et seq, the Consumer Protection Leasing Act, defines a lease as follows:

"Lease" means a contract or other agreement between a lessor and a lessee, other than a fleet lease, a fair market value commercial lease, or a TRAC lease, entered into after the effective date of this act for the use of a motor vehicle by the lessee for a period of time exceeding 120 days, whether or not the lessee has the option to purchase or otherwise become the owner of the motor vehicle at the expiration of the lease. A lease shall not be deemed to be a retail installment contract, as defined in subsection (b) of section 1 of P.L.1960, c.40 (C.17:16C-1), unless the lessee, for no or for a nominal consideration, becomes the owner, or has the option of becoming the owner, of the motor vehicle at the end of the term of the lease. NJ 56:12-61 (emphasis added)

In other words, a lease of a motor vehicle for a fixed price purchase option that is an approximate fair market value is arguably a consumer lease! There are many adverse consequences to this designation, so do not enter into a lease with anything other than a nominal purchase option ($1.00 for example), a TRAC or literally "fair market value" purchase option with a New Jersey lessee. No 10%, 20% or agreed-price purchase options for vehicles. Thanks, Tony Lamm for something new to us.

Managed/Bundled Equipment Finance Structures.  The services portion of the agreement undermines its lease-like qualities, so hell or high water provisions and other lease protections may be vulnerable to attack. The strength of the vendor, or whoever is supplying the services or other consideration to the lessee/borrower is essential. If the vendor/service provider fails, the customer is likely to argue that (1) the services were an essential part of the agreement and (2) as the services are not "goods" the transaction is not governed by UCC Article 2A and the lease is not a finance lease. While the hell or high water language of the lease should protect the  lessor, there is room for a judge to exercise some discretion.   A vendor guaranty or buyback is one additional protection that may be added by a cautious lessor or lender, but its value is also dependent on the credit of the vendor. (We have written about this before; it remains a hot topic in the industry).

Digital Transformation of Equipment Leasing. Although use of electronic documentation has become more popular in commercial finance generally, equipment leasing industry has been slow in adopting the improvement, with use less than 20%. There is still no on point case law regarding electronic documentation in the equipment finance context, although there has been helpful case law supporting perfection and control from electronic documentation in cases involving  mortgages and other financial instruments. One key issue remains how lenders will treat electronic chattel paper, especially where lessors need flexibility in "papering out" electronic documents such as pdf's and faxes. This is an emerging area of the law and our industry best practices in which we are heavily involved.  

Legal Update. The annual survey of cases of note is one of the highlights of the conference. Special thanks to Pamela Martinson, Larry Holmes and Marc Hamroff for their hard work and superb analysis, much of which we repeat here. We have been unable to locate some of the cases in time for this issue, so we are relying on that analysis but the rage, silliness and any typos are all ours.

"Nominal consideration" consideration includes return cost. In re Ajax Integrated, LLC (NY). What happens if a "true" lease requires the Lessee to pay more to return the equipment than to exercise the purchase option? UCC 1-203(d) happens:

"(d) Additional consideration is nominal if it is less than the lessee's reasonably predictable cost of performing under the lease agreement if the option is not exercised."

If it the purchase option price is $1,000,000 but the cost to "deinstall," recertify, pack, insure and ship the equipment is $2,000,000 the $1,000,000 is nominal, just as if it were $1.00.

And the Insane Jurist of the Month Award goes to.  The judge in In Re Lightning Bolt Leasing, LLC (Bankruptcy decision in Fla., the state where a judge tried to declare the Graves Amendment unconstitutional) ruled that a TRAC lease was NOT a true lease ignoring (unless maybe it was improperly presented).

"In the case of motor vehicles or trailers, a transaction does not create a sale or a security interest merely because it provides that the rental price is permitted or required to be adjusted under the agreement either upward or downward by reference to the amount realized upon sale or other disposition of the motor vehicle or trailer."

The judge shrugged off this statute, which IS THE LAW on this issue, with this observation: "shifting the entire risk of ownership, as opposed to a certain adjustment (the TRAC payment obligation), as is the case here, is not within the protection of the statute." 

Well, you see "yer" honor, the purpose and effect of the TRAC is to shift the entire risk of ownership (which is to say the depreciation, additional maintenance cost, etc.)  to the lessee.

Saying a lit-tle too much. In re Sterling United.  Hey, kids, what's wrong with this description of collateral on a UCC financing statement?

"All assets of the Debtor... including, but not limited to, any and all equipment, fixtures, inventory, accounts... and located at or relating to the operation of the premises at ...."

Well, boys and girls, it is OK to just say "all assets" in a financing statement (the filing) even though it is a no-no to say only that in a security agreement  (the contract). And as we all know, saying too much can lead to...imperfection. If you said "What does and located at or relating to mean? go to the head of the class.

Does it mean "all assets including the ones at the location" or "all assets that are at the location?" The debtor moved and took his assets with him. The judge didn't know what the words meant, so he asked a linguistics professor. I think we all agree that if a linguistics professor is the one deciding what your legal documents mean, you are in trouble. The lender got lucky on this one.

“No, No Novation.”  In re: Fair Finance Company. Was an amended and restated loan agreement merely an amendment that left the existing security interest in place (with priority) or did it terminate the old loan and replace it with a new one, meaning the security interest was also terminated and replaced. If the latter, there was no consideration for the granting of the new security interest and it may have been a fraudulent transfer, voidable in bankruptcy.

The document said that the debtor granted the lender a security interest, the same sort of language used for a new debt. If the language said that the existing security interest was continued and the original debt outstanding, but on amended terms, things might have been better for the lender. Always be careful any time you amend a loan or lease document or change anything in the deal as part of a workout, additional advance, and release of collateral or other post-closing event.               

Barry S. Marks   
Direct:  205.251.8303 │ barry@leaselawyer.com

Site Inspection Services
Quiktrak Updated

(If there are other companies that need to have their listing updated,
please contact kitmenkin@leasingnews.org)

Quiktrak, Inc. 1991 Walt Graham National Account Executive wgraham@quiktrak.com 503.214.3035 (direct) quiktrak.com ELFA, NAELB, NEFA

103 Employees   850+ Inspectors

Equipment & Site Inspections, Merchant Verifications, Commercial Collections, Audit & Inventory Management, Vehicle Condition Reports

USA/Canada UK

Full Site Inspection Listings:
http://www.leasingnews.org/Site_Insp/Default.htm#qti

 

 

[headlines]
--------------------------------------------------------------

 

Social Ads vs. Advertising
Which is Right for Your Business?

FinTech #102 by Alex Vasilakos

Over the past few years alone, social media ads like those shown on Facebook, and pay-per-click search engine ads on Google have changed drastically. Businesses across all industries, and of all sizes, have an accessible way to find their target audiences effectively, without breaking the bank. However, with so many benefits and options from both social media and Google ads, deciding which one is right for your business can be a difficult choice.

Pay-Per-Click Ads Zero in on Their Targets

Pay-per-click ads, such as Google Adwords, allow advertisers to be as broad or specific as they want to be with their marketing. Pay-per-click ads usually drive right through the noise to target leads and potential customers who are serious about making a transaction. Since most serious customers looking for an equipment lease or business loan use search engines to find exactly what they are looking for, pay-per-click ads reach their eyes first. Social media ads, by contrast, may be geared toward a particular audience, but most people use social media more casually, as well as a means of staying in contact with clients.

Social Media Ads Create a Buzz

If you want people to discuss, like, and share information about your services, social media ads are a wise choice. By its very nature, social media platforms like Facebook and Twitter allow for engagement. When people like or talk about your products on social media, those actions show up in their followers’ feeds. Social media ads, pictures, videos, and more can end up spreading out to cast a very wide net to generate a number of leads and conversions.

Reaching Local Markets

Many brokers, lenders, and lessors are so focused on the national and global potential of digital markets that they leave local markets completely untapped. Instead of leaving money on the table, they are using pay-per-click ads to target local markets and rake in sales from customers right in their area. Any business with a local office should consider pay-per-click ads to have a leading presence in local markets. Since most local customers also shop from their computers, smartphones, and tablets, the convenience of being “right there” and targeting people with local pay-per-click ads boosts leads and sales.
There are many who also pick up vendors and clients primarily in their local geographic area.

Establishing a Presence

While pay-per-click ads largely reply on Google searches, social media ads take a different approach. Social media platforms allow businesses to create public-facing pages that are dynamic and engaging. You can establish a presence and actively brand themselves in real time. In a sense, social media ads allow businesses to grow their audiences from day one.

So How Do You Decide?

The first thing you should consider is your marketing strategy. Do you want to establish your brand and promote your business, or are you focused strictly on sales? Do you want to engage your customer base, or do you want to be noticed when people are searching for specific products and services? Sit down and make a list of your answers, along with your goals, and see if they lean more towards social media or pay-per-click ads.

The One-Two Punch

Very few businesses fall entirely one way or the other. There are benefits to both social media ads and pay-per-click ads. Choosing Facebook ads, for example, does not mean you have to give up the advantages of Google Adwords. The truth is that most businesses benefit from a combination of social media and paid search marketing. By using both, businesses can establish a presence and cast a wide net, while simultaneously targeting customers in specific markets. Taking into account your marketing budget also plays a big part in your strategy.

With a little research and planning, you can find an affordable plan that will help you increase your sales as well as increase your ability to create more sales.

Alex Vasilakos
Director of Marketing
The Finance Marketing Group
Alex@financialmarketing.com
Office: 518-591-4645x102 / Fax: 518-677-1071
90 State Street, Suite 1500, Albany, NY 12207
Currently, Alex works exclusively with financial services companies, but his depth of knowledge and experience can help design and implement long-reaching strategies for businesses across all industries.

Alex entered advertising and marketing in 2003, right when the industry landscape shifted from traditional print to digital media. In that time, he has worked with numerous large accounts in both healthcare and financial services, and has helped small and medium-sized businesses grow and flourish in their respective digital markets. He has won countless awards for creative direction and strategy, and is certified by Google Partners in both AdWords and Analytics.

Previous Financial Technology Articles
http://www.leasingnews.org/Conscious-Top%20Stories/fintech.html

 

 

[headlines]
--------------------------------------------------------------

##### Press Release ############################

Ascentium Capital Surpasses $3.0 Billion
in Origination Volume

Ascentium Capital LLC, the top private independent finance company in the United States by new business volume, announced surpassing $3 billion in origination volume since the Company’s inception in August 2011.

Tom Depping
Chief Executive Officer
Ascentium Capital

“This milestone represents the doubling of our funded volume in less than two years. It is gratifying that our forward-looking client solutions underpin the demand for our small business lending solutions. This enables us to capture significant market share,” comments Tom Depping, chief executive officer at Ascentium Capital.

The Company continues to focus on building deeper client relationships within specialized industries including healthcare, technology, energy, franchise and hospitality.

Richard Baccaro, Chief Sales and Marketing Officer at Ascentium states, “We are proud to have provided financing to nearly 38,000 small businesses across the U.S. since 2011. Building successful relationships combined with our ability to deliver a differentiated brand position, drives our accomplishments.”

About Ascentium Capital
As a direct lender, Ascentium Capital LLC specializes in providing a broad range of financing, leasing and small business loans. The company’s offering benefits equipment manufacturers and distributors as well as direct to businesses nationwide. Ascentium Capital is backed by the strength of leading investment firm Warburg Pincus LLC. For more information, please visit www.AscentiumCapital.com.

### Press Release ############################

Fernando's View
By Fernando F. Croce

Science-fiction comes to the box-office in both giddy (“Guardians of the Galaxy 2”) and austere form (“Stalker”), while new DVD releases offer piercing drama (“The Salesman”), bewitching animation (“The Red Turtle”), and urgent documentary (“I Am Not Your Negro”).

In theaters:

Guardians of the Galaxy 2 (Walt Disney Studios): The Marvel comic-book juggernaut continues with this sequel to the wildly successful 2014 comedy-adventure, which boasts much of the original’s colorful verve and mischievous sense of humor. Chronicling the further exploits of space traveler Peter Quill (Chris Pratt) and his motley crew of Guardians—which includes explosive alien Gamora (Zoe Saldana), tree-humanoid Groot (Vin Diesel) and wiseacre raccoon Rocket—the story follows them as they get tangled with various interplanetary beings, chief among them a powerful figure known as Ego (Kurt Russell). As revelations and narrow escapes pile up, the Guardians find themselves once again in the role of unlikely heroes. Directed by James Gunn, the movie seasons the standard blockbuster formulas with some welcome eccentricity and rascally mayhem.

Stalker (Janus Films): As evidenced in his classic mindbender “Solaris,” Russian director Andrei Tarkovsky has his own unique way with science-fiction stories. The same goes for this 1979 masterpiece, which offers a post-apocalyptic vision unlike any ever made and is getting a rare, big-screen re-release. Set in the bleak, futuristic wasteland known as The Zone, the plot charts the journey of the eponymous guide (Aleksandr Kajdanovsky) as he fights to ward off despair. Accompanied by a novelist (Anatoliy Solonitsyn) and a professor (Nikolay Grinko), the Stalker searches for a mythical room which supposedly grants the wishes of every visitor. But can they survive long enough to reach it? Using the genre to craft an existential fable of human desolation and yearning, Tarkovsky offers a challenging, visually sublime and ultimately unforgettable trip. With subtitles.

Netflix Tip:From brooding leading man to eccentric character actor, James Parks (1940-2017) left a marvelously salty and distinctive mark on film after film. So check out Netflix for some of his most memorable roles, which include “Twin Peaks” (1990), “From Dusk Till Dawn” (1996), “Kill Bill” (2003-2004), and “Red State” (2011).

On DVD:

The Salesman (Sony): Oscar-winning Iranian director Asghar Farhadi (“A Separation”) serves up another absorbing humanistic portrait in this acclaimed drama set in Tehran. Taking its title from Arthur Miller’s play “Death of a Salesman,” which has a pivotal role in the plot, it focuses on two theater actors, Emad (Shahab Hosseini) and Rana (Taraneh Alidoosti), whose relationship is tested by a series of events. As they move to a new apartment that’s redolent of its previous owner’s troubles, the couple soon find their comfortable lives taking a sharp turn into past trauma and revenge. With a subtly tense camera, Farhadi weaves the characters’ lives and art while revealing how swiftly chaos can intrude upon our lives. The results are suspenseful, emotional, and universal. With subtitles.

The Red Turtle (Sony): Beloved Japanese animation studio Ghibli teams up with European artists for this poetic, Oscar-nominated fable, directed by Michael Dukok de Wit. The setting is a lush desert island, where the nameless protagonist finds himself in the wake of a stormy shipwreck. Though he tries to escape by building a raft, his attempts are thwarted by one of the local creatures, a large red turtle. Plotting revenge on the animal, the man takes action and sets in motion a series of increasingly magical events, leading to a lyrical and time-spanning conclusion. Using traditional hand-drawn animation rather than digital pixels, the movie uses symbolic sounds and images to weave a simple yet spellbinding tale of grace found in the strangest of nature’s corners.

I Am Not Your Negro (Magnolia): One of his generation’s sharpest social critics, the late James Baldwin was an essential, poetically fiery voice during America’s racial struggles in the 1960s, and this Oscar-nominated documentary from Haitian director Raoul Peck (“Lumumba”) superbly illuminates his intelligence and activism. Narrated by Samuel L. Jackson, the film combines newsreel footage with public appearances by Baldwin, showcasing his brilliant oratory skills whether at protest rallies or on TV shows. Positing a different but no less resonant view of the Civil Rights movement from Dr. Martin Luther King or Malcolm X, Baldwin is depicted as a man urging for humanistic change in the midst of incendiary times. Crafted with at times confrontational but always compassionate urgency, Peck’s snapshot of the past speaks fiercely to the present.

 

[headlines]
--------------------------------------------------------------

 

"Suits" Returns This July---but Wait!
TV Reviews by Kit Menkin

That's right, USA Network announced that Suits will return for season seven this summer. Beginning Wednesday, July 12 at 9/8c. But wait! You may have missed Season 6. There was a hiatus in the series, and many fans may have missed this season. You may find it in a search or purchase from Amazon. You have time to get caught up.

It brings back Harvey Specter, Mike Ross out of jail and now an attorney, Donna Paulsen (wish I had her as my secretary), and the person we hate, but miss, the most: Louis Litt.  As well as Jessica Pearson and Rachel Zane, who is played by Meghan Markle (might be her last series as Queen Elizabeth has reportedly given permission for Prince Harry to marry her). And yes, while the show is supposed to take place in New York City, it is filmed in Toronto!

Donna Paulsen, played by Sarah Rafferty

Border Collie Mix
San Francisco, California  Adopt-a-Dog

Layla
ID #35164610
Female
Age: Six Years
Weight: 44lbs. 2 oz.

"Layla is a sweet and loving girl who is looking for her forever family! She loves to meet new people and get tons of affection. She will need daily mental and physical exercise to keep her mind and body in tip-top shape so come in and meet this gorgeous girl today!

“Layla is like a song you can't get out of your head because it's just so bouncy and pleasant! She's eager to meet her forever family and show them a good time exploring the world. Interested in the sights and sounds she's encountering, she's bounding from positive experiences to even more positive experiences.

“Layla is a delightful ball of fur eager to leap head first into your heart and home! She hasn't met a person she doesn't like and will be a super fun addition to any family!"

San Francisco SPCA
250 Florida Street
San Francisco, CA 94103
415-522-3500

The Adoption Process:
https://www.sfspca.org/adoptions/how-adopt

Mon-Fri: 1 - 6pm
Sat-Sun: 10am - 5pm
Closed on major holidays
*Please note that we will be closed Monday, May 29th for Memorial Day.*
Free Parking Available

Adopt a Pet
http://www.adoptapet.com/

 

[headlines]
--------------------------------------------------------------

Stick Mobility in Colorado
Kit Menkin Can Testify to Value of this Exercise

»Learn the basics of the Stick Mobility System in this 5 hour introductory workshop.  This is a great opportunity to get a personalized, in-depth evaluation of our system, if you like what you see check out our certification package.  Both packages are capped at 30 attendees. The “EARLY BIRD” cost is $249 – this includes a bundle of your choice.

June 10th from 9AM-2PM   

For More Information
https://www.stickmobility.com/product/introductory-workshop

www.stickmobility.com
(Also on Facebook and Instagram)

News Briefs---

CFA Exams to Put More Emphasis on Fintech
  Soon to Become a Far Bigger Park of CFA Exam
http://financialadvisoriq.com/c/1637583/189503
/exams_more_emphasis_fintech

 

[headlines]
--------------------------------------------------------------

You May Have Missed---

These 5 crazy-fast electric cars
   are giving supercars a run for their money
http://www.businessinsider.com/5-electric-cars-giving-supercars-a-run-for-their-money-2017-5

[headlines]
--------------------------------------------------------------

Baseball Poem ---

The Base Stealer

Poised between going on and back, pulled
Both ways taut like a tight-rope walker,
Fingertips pointing the opposites,
Now bouncing tiptoe like a dropped ball,
Or a kid skipping rope, come on, come on!
Running a scattering of steps sidewise,
How he teeters, skitters, tingles, teases,
Taunts them, hovers like an ecstatic bird,
He's only flirting, crowd him, crowd him,
Delicate, delicate, delicate, delicate - Now!

----Robert Francis

 

[headlines]
--------------------------------------------------------------

Sports Briefs----

NFL: No records indicate Brady suffered head injury
http://www.theredzone.org/BlogDescription/tabid/61/EntryId/63432/NFL--No-records-indicate-Brady-suffered-head-injury/Default.aspx

Steve Kerr to join Warriors in San Antonio
http://www.sfgate.com/warriors/article/Steve-Kerr-to-join-Warriors-in-San-Antonio-11154053.php

[headlines]
--------------------------------------------------------------

California Nuts Briefs---

California’s Bar Exam Results Are Absolutely Abysmal
http://abovethelaw.com/2017/05/californias-bar-exam-results-are-absolutely-abysmal/

Whales were swimming near the Golden Gate Bridge Wednesday morning
http://www.sfgate.com/bayarea/article/humpback-whales-Golden-Gate-Bridge-San-Francisco-11152609.php

 

[headlines]
--------------------------------------------------------------

“Gimme that Wine”

http://www.youtube.com/watch?v=EJnQoi8DSE8

Rosé Shines Through Red Wines' Dominance
https://www.winesandvines.com/template.cfm?
section=news&content=184547

Paso Robles has 11 distinct wine regions.
Here’s what makes each one different
http://www.sanluisobispo.com/living/food-drink/wine-beer/article150513892.html

Free Mobile Wine Program
http://leasingnews.org/archives/Feb2010/2_26.htm#mobile

Wine Prices by vintage
http://www.winezap.com
http://www.wine-searcher.com/

US/International Wine Events
http://www.localwineevents.com/

Leasing News Wine & Spirits Page
http://two.leasingnews.org/Recommendations/wnensprts.htm

         1631 - The General Court of the Massachusetts Bay Colony decreed that 'no man shall be admitted to the body politic but such as are members of some of the churches within the limits' of the colony.’  Separation of church and state was an unthinkable concept in early American colonialism. In contrast to what is taught in schools, most were not escaping for religious freedoms, but were missionaries with strong prejudices against other religious groups except for their own.  Separately, John Winthrop was elected the first Governor of the Massachusetts Bay Colony
    1652 - Rhode Island enacted a slavery emancipation law: “No blacken mankind or white... (maybe) forced by covenant bond or otherwise to serve any man or his assignees longer than ten years, or until they come to be 24 years of age, if they be taken in under 15, from the time of their coming within the Liberties of the Colonies, and at the end of termed of ten years... (are to be set) free, as is the manner with the English servants. And that man that will not let them goe free, or shall sell them elsewhere, to that end that they may be enslaved to others for a long time, he or they shall forfeit to the Colonie forty pounds.”
    1766 - The Church of the United Brethren in Christ was organized in Lancaster, PA, under the leadership of Martin Boehm, 41, and Philip William Otterbein, 39. (It became a branch of the Evangelical United Brethren in 1946.)
    1798 - The first Secretary of the U.S. Navy was appointed, Benjamin Stoddert.  Stoddert was born in Maryland, in 1744, the son of Captain Thomas Stoddert. He was educated at the University of Pennsylvania, and then worked as a merchant. He served as a captain in the Pennsylvania cavalry and later as secretary to the Continental Board of War during the Revolution. During the war, he was severely injured and was subsequently released from active military service.  After Washington was elected President, he asked Stoddert to purchase key parcels of land in the area that would become the nation's capital, before the formal decision to establish the federal city on the banks of the Potomac.  In May 1798, President Adams appointed Stoddert to oversee the newly established Department of the Navy.  As the first Secretary of the Navy, Stoddert soon found himself dealing with an undeclared naval war with France, which would come to be known as the Quasi-War. Stoddert realized that the infant Navy possessed too few warships to protect a far-flung merchant marine by using convoys or by patrolling the North American coast. Rather, he concluded that the best way to defeat the French campaign against American shipping was by offensive operations in the Caribbean, where most of the French cruisers were based. Thus at the very outset of the conflict, the Department of the Navy adopted a policy of going to the source of the enemy's strength. American successes during the conflict resulted from a combination of Stoddert's administrative skill in deploying his limited forces and the initiative of his seagoing officers. Under Stoddert's leadership, the reestablished Navy acquitted itself well and achieved its goal of stopping the depredations of French ships against American commerce.  Stoddert concerned himself not only with the Navy's daily administration and operations, but also with the service's future strength. He established the first six navy yards and advocated building twelve 74 gunships.
http://www.mariner.org/usnavy/05/05d.htm
    1822 – One of America’s first photographers, Matthew Brady (d. 1896), was born in Warren County, NY.  He studied under inventor Samuel F.B. Morse, who pioneered the daguerreotype technique in America. Brady opened his own studio in New York in 1844, and photographed Andrew Jackson and John Quincy Adams, among other celebrities. When the Civil War started, his use of a mobile studio and darkroom enabled vivid battlefield photographs that brought home the reality of war to the public. Thousands of war scenes were captured, as well as portraits of generals and politicians on both sides of the conflict, though most of these were taken by his assistants, rather than by Brady himself.
    1827 - Josiah Warren (1798–1874) opens his first Time Store in Cincinnati, Ohio — the first commercial cooperative.  He was an American reformer and anarchist.  An early follower of Robert Owen, he soon rejected Owen's political socialism, advocating instead anarchy based on “the sovereignty of the individual.” Warren founded several “equity” or "time" stores, with the idea of exchanging goods for an equivalent amount of labor and on the principle that cost should be the limit of price. He also established three utopian colonies:  the most successful was Modern Times (1851–c.1860), Long Island, N.Y. (now Brentwood). The most important of his publications was “True Civilization” (1863, 5th ed. 1875).
http://faculty.evansville.edu/ck6/bstud/warren.html
See "The Lemonade Ocean & Modern Times" by Hakim Bey.
http://www.evolutionzone.com/kulturezone/bey/
lemonade.ocean.and.modern.times.html
http://www.blancmange.net/tmh/articles/manifesto.shtml
http://www.blackcrayon.com/people/warren/
    1830 - Edwin Budding of England signed an agreement for the manufacture of his invention, the lawn mower.
    1836 - Cynthia Ann Parker (1825-71), a blue-eyed blonde Caucasian woman, was captured by the Comanche at age nine. When U.S. soldiers found her four years later in a Comanche camp where she was living under the name "Prelock," she refused to return. She said she was happy living as a Comanche.  In 1860, she and her infant daughter were captured in a U.S. army raid and were forcibly detained. She was sent to Parker's father. The infant died soon after capture and Prelock died in 1871, according to legend, by starving herself to death longing to go back to the Comanche way of life.   Her eldest son, Quanah, became chief of the Kwahadi tribe which held out against the white man. Some called him the most ferocious Indian who ever lived. In 1875, he suddenly brought his people in and settled near the Wichita Mountains in Oklahoma and saw to it that Comanche children went to school and were educated.
    1849 - Sailing ship "Grey Eagle" arrived in San Francisco with 34 passengers from the East in 113 days, a record at that time.
    1852 - Massachusetts rules all school-age children must attend school
    1860 - Republican Party nominates Abraham Lincoln for president over William H. Seward who would become his Secretary of State.
On November 6, 1860, Lincoln defeated his opponents with only 40% of the popular vote, becoming the first Republican to win the presidency. The announcement of his victory signaled the secession of the Southern states, which since the beginning of the year, had been publicly threatening secession if the Republicans gained the White House. By the time of Lincoln's inauguration on March 4, seven states had seceded and the Confederate States of America had been formally established with Jefferson Davis as its elected president. One month later, the American Civil War began when Confederate forces under General P. G. T. Beauregard opened fire on Union-held Fort Sumter in South Carolina. 
    1861 - Battle of Sewall's Point, VA is the first Union offensive against the South.
    1863 - A new sport became available to Americans with the introduction of roller skating by James L. Plimpton. Plimpton invented the four-wheel skate, which worked on rubber pads, thus permitting skaters to change direction by shifting their weight to one side or the other without lift the wheels of the skate off the ground. Roller skating became fashionable in New York City and soon spread to other cities. In Newport, RI, the Roller Skating Association leased the Atlantic House and turned its dining room and plaza into a skating rink. In Chicago, the Casino could accommodate 3000 spectators and 1000 skaters. In San Francisco, a rink advertised 5000 pairs of skates available for rent.
    1863 - Union General Ulysses S. Grant surrounds Vicksburg, the last Confederate stronghold on the Mississippi River, in one of the most brilliant campaigns of the war. On May 16, Grant fought the Confederates under John C. Pemberton at Champion's Hill and defeated them decisively. He then attacked again at the Big Black River the next day, and Pemberton fled into Vicksburg with Grant following close behind. The trap was now complete and Pemberton was stuck in Vicksburg, although his forces would hold out until July 4. In the three weeks since Grant crossed the Mississippi in the campaign to capture Vicksburg, Grant's men marched 180 miles and won five battles. They took nearly 100 Confederate artillery pieces and nearly 6,000 prisoners, all with relatively light losses.
    1864 - The Battle of Spotsylvania Court House in Virginia, reaches its peak at the Bloody Angle.  This was the second major battle in Grant’s 1864 Overland campaign. Following the bloody but inconclusive Battle of the Wilderness, Grant's army disengaged from Lee’s army and moved to the southeast, attempting to lure Lee into battle under more favorable conditions. Elements of Lee's army beat the Union army to the critical crossroads of Spotsylvania Court House, Virginia and began entrenching. Fighting occurred on and off from May 8 through May 21, 1864, as Grant tried various schemes to break the Confederate line. In the end, the battle was tactically inconclusive, but with almost 32,000 casualties on both sides, it was the costliest battle of the campaign.
    1872 - Bertrand Russell (d. 1970) was born in Trelleck, Wales. Philosopher, mathematician and social critic, one of the most widely read philosophers of this century.  Awarded Nobel Prize for Literature, 1950. Outspoken pacifist, imprisoned during World War I. Abandoned pacifism during World War II, but was a leading figure in the antinuclear movement. Imprisoned in 1961 for taking part in a demonstration in Whitehall. A pioneer of logical positivism. I took a course from him at UCLA and have read most of his books.
http://www.mcmaster.ca/russdocs/russell.htm
http://www.kirjasto.sci.fi/brussell.htm
http://www.sci.fi/~phinnweb/links/philosophy.html
    1883 - An F4 tornado tracked 20 miles through Kenosha and Racine Counties in Wisconsin. 8 people were killed and 85 were injured. The tornado made a spectacular exit as a multiple vortex waterspout over Lake Michigan and was described as: "whirling columns of air seemed like great wreaths of smoke, bearing with them spiral columns of water...a half dozen could be seen at a time, then all would disappear and new ones would reform."
    1896 – In Plessy v. Ferguson, the Supreme Court ruled separate-but-equal facilities constitutional on intrastate railroads. For fifty years, the Plessy v. Ferguson decision upheld the principle of racial segregation. Across the country, laws mandated separate accommodations on busses and trains, and in hotels, theaters, and schools. The premise was separate, but “equal.” When I first went to New Orleans in 1958, the facilities were not equal, but certainly separate. As I traveled in other parts of the South, Blacks would walk on one side of the main street, and whites on the other. Restaurants were “white only.” Rest rooms were “white only.” Even the French Quarter was quite segregated with “white only” jazz clubs, and further down you would find “black” or “Cajun,” which was even “rougher.” Drinks were much cheaper, the food simple, but delicious. We were musicians, so we never experienced any difficulty as often the two of us would be the only whites in the club. We had our own mouthpieces, as it was the tradition then, as I believe now, if you play someone else’s instrument, you used your own mouthpiece. I had both a clarinet and alto sax; Warren had his trumpet mouthpiece which he carried with him all time, especially when we have gone to places where he would be invited to play.
http://memory.loc.gov/ammem/today/may18.html
    1897 – New York Giant 1B Bill Joyce set the MLB record of 4 triples in 1 game.
    1897 – “Dracula,” a novel by Irish author Bram Stoker, was published.
    1897 - Film director, producer and writer, Frank Capra (d. 1991), was born in Sicily.  Capra became one of America's most influential directors during the 1930s, winning three Oscars as Best Director. Among his leading films was “It Happened One Night” (1934), which became the first film to win all five top Oscars, including Best Picture. Other leading films in his prime included “You Can’t Take It With You” (1938) and “Mr. Smith Goes To Washington” (1939). During World War II, Capra served in the Army Signal Corps and produced propaganda films, such as the “Why We Fight” series.  After World War II, Capra's career declined as his later films like “It’s a Wonderful Life” (1946) were critically derided as being "simplistic" or "overly idealistic."  In succeeding decades, however, his films have been favorably reassessed.  Outside of directing, Capra was active in the film industry, engaging in various political and social issues. He served as President of the Academy of Motion Pictures Arts and Sciences, worked alongside the Screenwriters Guild, and was head of the Directors guild of America.
    1900 - Birthday of author Laura Z. Hobson (d. 1986) in New York City. She wrote revolutionary novels about social injustices. "Gentleman's Agreement" dealt with anti-Semitism, "Tenth Month," on unwed motherhood, "Consenting Adult," on homosexuality. 
    1901 - Birthday of Jeanette Macdonald (d. 1965) in Philadelphia.  She was a very popular U.S. singer-actor best known today for her singing over the ruins of “San Francisco” (1936), duets with Canadian Mounties, and teaming with Nelson Eddy from 1936-42.  She was also an accomplished Broadway and film actor and a fine comedic player. She was one of the top money grossers of her era.
    1902 - An F4 tornado struck the town of Goliad, Texas, killing 114 people. No U.S. tornado disaster of similar magnitude has ever occurred further south than this event.
    1902 - Birthday of Meredith Wilson (d. 1984), composer and lyricist (“The Music Man”), in Mason City, IA.
http://www.sfmuseum.org/hist/willson.html
    1910 – The Earth passed through the tail of Halley’s Comet.
    1911 - Blues Shouter Joseph Vernon “Big Joe” Turner (d. 1985) was born Kansas, City, MO.  He was one of the forefathers of rock 'n' roll.  His 1950's recordings of such songs as "Shake, Rattle and Roll," "Honey Hush" and "Flip, Flop and Fly" are rock 'n' roll classics. But Turner had been singing for more than 20 years when these songs were recorded. In the 1930's, he teamed with boogie-woogie pianist Pete Johnson. Their appearance at John Hammond's famed "Spirituals to Swing" concert in 1938 helped spark the boogie-woogie craze of the time. In 1951, Turner began recording rhythm-and-blues for Atlantic Records. Many of his songs were rock 'n roll hits when recorded by white artists. Bill Haley turned "Shake, Rattle and Roll" into a million-seller in 1954 and Pat Boone had a pop hit with Turner's "Chains of Love" in 1956. In the '60s, Big Joe Turner turned to jazz singing, continuing to perform and record until his death on November 24th, 1985.
    1912 - Perry Como’s (d. 2001) birthday in Canonsburg, Pennsylvania, born Pierino Ronald Como.  A self-described admirer of Bing Crosby, Como copied Crosby's singing style and relaxed approach. He was a barber whose first record, "Goodbye Sue," was a hit in 1943. And so was "And I Love You So," recorded more than 30 years later. His other successes have included "Till the End of Time," "Temptation" and "It's Impossible." On television, Perry Como was the host of "The Chesterfield Supper Club," "The Perry Como Show" and "The Kraft Music Hall." He was perhaps the most popular singer on television in the 1950's.
    1917 - Selective Service Act was passed by Congress allowing conscription for military duty.  All males aged 21 to 30 were required to register for military service. At the request of the War Department, Congress amended the law in August 1918 to expand the age range to include all men 18 to 45, and to bar further volunteering.  By the end of World War I, some 2 million men volunteered for various branches of the armed services, and some 2.8 million had been drafted.  This meant that more than half of the almost 4.8 million Americans who served in the armed forces were drafted. Due to the effort to incite a patriotic attitude, the World War I draft had a high success rate, with fewer than 350,000 men “dodging the draft.”
    1917 – The First units of the American Expeditionary Force, commanded by General John J. Pershing, were ordered to France.
    1922 - Trombonist Kai Winding (d. 1983) was born Aarhus, Denmark.  His best-known recording is “More,” the theme from the movie “Mondo Cane.”
    1927 - Grauman's Chinese Theater on Hollywood Boulevard was opened, the first of the Fox chain of movie theaters. The lavish 2,200 seat theater cost $1 million to build. Its first film was shown on this date, Cecil B. DeMille's “King of Kings,” at the high price of $2.00 per seat. It was later renamed Mann's Chinese Theater.
    1927 - Bath, Michigan School Disaster. Andrew Kehoe, seeking revenge against the community for taxes imposed on his farm to pay for a new school, set off a TNT bomb in the school, killing 43 people, including 39 grade-school children. After the explosion, Kehoe killed his wife, then drove his truck back, loaded with dynamite & nails, to the school, and set it off, killing himself and the school superintendent.
    1928 – Actor Pernell Roberts (d. 2010) was born in Waycross, GA.  Roberts played Ben Cartwright's urbane eldest son Adam in the Western television series “Bonanza,” NBC’s longest-running western series ever (14 years) and television’s second-longest behind “Gunsmoke.”  Unlike his brothers, Adam was a university educated architectural engineer.  Roberts, having largely been "a stage actor, accustomed as he was to a rigorous diet of the classics" and to freely move about from part to part, found the "transition to a television series," playing the same character, "without costume changes," a difficult one.  It was perhaps not surprising that, despite enormous success and in one of television’s worst career moves, he bolted from "Bonanza" after the 1964–65 season, criticizing the show's simple-minded content and lack of minority actors.  It particularly distressed him that his character, a man in his 30's, had to defer continually to the wishes of his widowed father and he reportedly disliked the series itself, calling it — "junk" television and accusing NBC of "perpetuating banality and contributing to the dehumanization of the industry." 
    1931 - Bix Biederbecke joins Casa Loma Band for a date at Metropolitan Hotel, Boston.
    1933 - President Franklin Roosevelt signs the Tennessee Valley Authority Act.  TVA is a federally-owned corporation created by congressional charter to provide navigation, flood control, electricity generation, fertilizer manufacturing, and economic development in the Tennessee Valley, a region deeply affected by the Great Depression. The enterprise was a result of the efforts of Senator George Norris of Nebraska. TVA was envisioned not only as a provider, but also as a regional economic development agency that would use federal experts and electricity to rapidly modernize the region's economy and society.  TVA's service area covers most of Tennessee, portions of Alabama, Mississippi, and Kentucky, and small slices of Georgia, North Carolina, and Virginia. It was the first large regional planning agency of the federal government and remains the largest.
    1933 – The first Major League All-Star Game was announced for July 6 at Comiskey Park, to be played as part of the Chicago World's Fair.
    1934 – The Academy Award was first called Oscar in print, by Sidney Skolsky.
    1934 - Congress approved the Lindbergh Act, making kidnapping a capital offense
    1934 – “Dobie Gillis,” actor Dwayne Hickman, who played the starring role in this TV series of the 1950s, was born in LA.
    1937 – Baltimore Orioles’ Hall of Fame 3B, Brooks Robinson, was born in Little Rock, AR.  He is considered one of the greatest defensive third basemen in Major League history, winning 16 consecutive Gold Glove awards during his 23-year career, tied with pitcher Jim Kaat for the second-most all-time for any player at any position. Robinson was elected to the Hall in 1983.  “Brooksie” played in four World Series, winning two and was an 18-time All-Star.  With Frank Robinson and Jim Palmer, he led the Orioles in the 1960-70s.
    1942 - Birthday of Rodney Dillard in E. St. Louis, IL.  He is one of the electric bluegrass group, the Dillards. Formed in 1962, the Dillards left their home state for Hollywood where they played a hillbilly band on TV's "Andy Griffith Show." Their albums contained songs by folk and rock composers such as Bob Dylan, and their use of electric instruments helped pave the way for such country-rock groups as the Byrds and the Eagles.
    1942 – New York City ended night baseball games for the duration of the war.
    1944 - The Allies captured Monte Cassino (you may remember the movie). There had been five Allied attempts to take the German position at The Benedictine Abbey at Monte Cassino. Although the abbey had been reduced to rubble, it served as a bunker for the Germans and they could relay all activity in the area to airplanes and execute giant cannon attacks. In the spring of 1944, Marshal Alphonese Pierre Juin devised an operation that crossed the mountainous regions behind the fortress-like structure, using Moroccan troops of the French Expeditionary Force. Specially trained for mountain operations, they climbed 4,850 feet to locate a pass. On May 15, 1944, they attacked the Germans from behind. On May 18, Polish troops attached to this force and took Monte Cassino.
    1945 - On Okinawa, the US 6th Marine Division, part of US 3rd Amphibious Corps, captures most of the Sugar Loaf Hill, as well as parts of the Half Moon and the Horseshoe positions that overlook it, after several days of bitter fighting. The US 1st Marine Division continues to battle for the Wana River valley and Wana Ridge but fails to eliminate Japanese resistance, even with flame-throwers and tanks in support. Meanwhile, the US 77th and 96th Divisions, parts of US 24th Corps, attack Japanese positions on Flat Peak without success.
    1945 - No. 1 Billboard Pop Hit: "My Dreams Are Getting Better All the Time," Les Brown Orchestra/Doris Day.
    1946 - Top Hits
“All Through the Day” - Perry Como
“The Gypsy” - The Ink Spots
“Shoo Fly Pie” - The Stan Kenton Orchestra (vocal: June Christy)
“New Spanish Two Step” - Bob Wills
    1947 – The Philadelphia A’s catcher Buddy Rosar caught his 147th game without an error, Major League record at the time that has since been broken several times.
    1950 – Phillies 3B Tommy Glaviano made errors on 3 consecutive grounders
    1951 – The United Nations moved into its headquarters in NYC.
    1952 - US / Canada: Which Side Are You on? Paul Robeson, in dramatic defiance of government’s ban on his leaving US soil, standing on a flatbed truck parked one foot inside the US border at the Peace Arch, in Blaine, Washington, speaks and sings to a crowd of 40,000 Canadians & Americans gathered on both sides of the border.
(My father Lawrence Menkin was a recipient of the Paul Robeson Award for producing and writing “Harlem Detective” in the early 1950’s for WOR-TV)
http://www.bayarearobeson.org/Chronology_7.htm
    1952 - Country singer George Strait was born in Pearsall, Texas. Strait's traditional country sound, influenced by Bob Wills, Merle Haggard, George Jones and Hank Williams, began to find favor at the beginning of the 1980's. His rise to popularity was due at least in part to a reaction against the slicker "urban cowboy" sound. Strait is now one of the biggest country stars, with such number-one hits as "Love without End, Amen," "Does Fort Worth Ever Cross Your Mind," "All My Ex's Live in Texas" and "I've Come to Expect It from You." His 1985 "Greatest Hits" album spent more than five years on the charts.
    1953 - Air Force Lieutenant Colonel George I. Ruddell, 51st Fighter-Interceptor Wing, became the 31st ace of the war after making his fifth MiG kill in an F-86 Sabre called "MiG Mad Mavis."
    1953 - The first woman to fly faster than the speed of sound, Jacqueline Cochran, piloted an F-86 Sabrejet over California at an average speed of 652.337 MPH.
    1953 - Robbie Bachman, drummer for Bachman-Turner Overdrive, was born in Winnipeg. The Canadian rock band, which also included Robbie's brothers Randy and Tim on guitars, was internationally popular in the 1970's with such hits as "Blue Collar," "Let It Ride," "Takin' Care of Business" and "You Ain't Seen Nothing Yet," a 1974 million-seller. At its peak, BTO won many polls and honors in the US, as well as seven Juno Awards.
    1954 - Top Hits
“Wanted” - Perry Como
“Little Things Mean a Lot” - Kitty Kallen
“If You Love Me (Really Love Me)” - Kay Starr
“I Really Don’t Want to Know” - Eddy Arnold
    1955 - No. 1 Billboard Pop Hit: "Cherry Pink and Apple Blossom White," Perez Prado.
    1955 – Just short of a foot of rain fell at Lake Maloya, New Mexico, the state record.
    1956 – On the way to the Triple Crown and MVP, Mickey Mantle hit HRs from both sides of plate for record 3rd time.  He did so a total of 10 times in his career, a record when he retired that has been surpassed since by several hitters.
    1957 - The Chicago White Sox and the Baltimore Orioles played a 1-1 tie, a game called precisely at 10:20pm so that the White Sox could catch a train out of Baltimore. The Orioles’ Dick Williams hit a home run on the game’s last pitch to tie the game and avoid defeat. The game was replayed from the beginning at a later date, and Baltimore won.
    1959 - Wilbert Harrison's recording of Leiber and Stoller's "Kansas City" rose to the top of the Billboard singles chart. Cover versions by Hank Ballard and The Midnighters, Rocky Olson, Rockin' Ronald & The Rebels, and Little Richard all appeared in March of 1959, but the Harrison version was by far the most popular. Further success for Harrison would have to wait until 1970 when "Let's Work Together" made it to number 32 in the US.
    1960 - Salt Lake City, Utah received an inch of snow. It marked their latest measurable snowfall of record.
    1960 - No. 1 Billboard Pop Hit: "Cathy's Clown," The Everly Brothers.
    1962 - Top Hits
“Soldier Boy” - The Shirelles
“Stranger on the Shore”- Mr. Acker Bilk
“She Cried” - Jay & The Americans
“She Thinks I Still Care” - George Jones
    1963 - At the first annual Monterey Folk Festival, Bob Dylan joins Joan Baez onstage to duet on his antiwar song "With God on Our Side."
    1963 - Jackie DeShannon makes her television debut, singing "Rock-A-Bye Your Baby" and "Just in Time" on CBS' Jackie Gleason Show.
    1963 - The Beatles begin their third tour of 1963 at the Adelphi Cinema in Buckinghamshire, England, opening for Roy Orbison; within a few days, thanks to growing "Beatlemania," they will be headlining.
    1963 - Lesley Gore's "It's My Party" enters Billboard's Top 40, where it will reach #1. 
    1963 - After hitting #22 the previous year with "Twistin' Matilda," Jimmy Soul reached #1 on the Billboard chart with "If You Wanna Be Happy." It would prove to be his final entry as the follow-up "Treat 'Em Tough" flopped completely, after which Jimmy entered the US Army. 
    1964 – The Supreme Court ruled it unconstitutional to deprive naturalized citizens of citizenship if they returned to their home country for more than 3 years
    1965 - Outer Space: Gene Roddenberry suggests 16 names -- including Kirk -- for Star Trek Captain. It will never fly, say some. And small hand-held devices that you can talk into as if you are on a telephone anywhere, who would believe it? In the “Next Generation,” they were on the shirt that you could turn on with a touch or vocal command or attach to your ear. Unheard of at the time; common today.
    1966 - PH Phactor Jug Band opened at 40 Cedar Alley near Polk and Geary in San Francisco. Does anyone else remember Cedar Alley?
    1966 - *STEWART, JIMMY G., Medal of Honor
Rank and organization: Staff Sergeant, U.S. Army, Company B, 2d Battalion, 12th Cavalry, 1st Cavalry Division (Airmobile). Place and date: Republic of Vietnam, 18 May 1966. Entered service at: Ashland, Ky. Born: 25 December 1942, West Columbia, W. Va. Citation: For conspicuous gallantry and intrepidity in action at the risk of his life above and beyond the call of duty. Early in the morning a reinforced North Vietnamese company attacked Company B, which was manning a defensive perimeter in Vietnam. The surprise onslaught wounded 5 members of a 6-man squad caught in the direct path of the enemy's thrust. S/Sgt. Stewart became a lone defender of vital terrain--virtually 1 man against a hostile platoon. Refusing to take advantage of a lull in the firing which would have permitted him to withdraw, S/Sgt. Stewart elected to hold his ground to protect his fallen comrades and prevent an enemy penetration of the company perimeter. As the full force of the platoon-sized man attack struck his lone position, he fought like a man possessed; emptying magazine after magazine at the determined, on-charging enemy. The enemy drove almost to his position and hurled grenades, but S/Sgt. Stewart decimated them by retrieving and throwing the grenades back. Exhausting his ammunition, he crawled under intense fire to his wounded team members and collected ammunition that they were unable to use. Far past the normal point of exhaustion, he held his position for 4 harrowing hours and through 3 assaults, annihilating the enemy as they approached and before they could get a foothold. As a result of his defense, the company position held until the arrival of a reinforcing platoon which counterattacked the enemy, now occupying foxholes to the left of S/Sgt. Stewart's position. After the counterattack, his body was found in a shallow enemy hole where he had advanced in order to add his fire to that of the counterattacking platoon. Eight enemy dead were found around his immediate position, with evidence that 15 others had been dragged away. The wounded that he gave his life to protect, were recovered and evacuated. S/Sgt. Stewart's indomitable courage, in the face of overwhelming odds, stands as a tribute to himself and an inspiration to all men of his unit. His actions were in the highest traditions of the U.S. Army and the Armed Forces of his country.
    1967 - GRANDSTAFF, BRUCE ALAN,  Medal of Honor
Rank and organization: Platoon Sergeant, U.S. Army, Company B, 1st Battalion, 8th Infantry. Place and date: Pleiku Province, Republic of Vietnam, 18 May 1967. Entered service at: Spokane, Wash. Born: 2 June 1934, Spokane, Wash. Citation: For conspicuous gallantry and intrepidity in action at the risk of his life above and beyond the call of duty. P/Sgt. Grandstaff distinguished himself while leading the Weapons Platoon, Company B, on a reconnaissance mission near the Cambodian border. His platoon was advancing through intermittent enemy contact when it was struck by heavy small arms and automatic weapons fire from 3 sides. As he established a defensive perimeter, P/Sgt. Grandstaff noted that several of his men had been struck down. He raced 30 meters through the intense fire to aid them but could only save 1. Denied freedom to maneuver his unit by the intensity of the enemy onslaught, he adjusted artillery to within 45 meters of his position. When helicopter gunships arrived, he crawled outside the defensive position to mark the location with smoke grenades. Realizing his first marker was probably ineffective, he crawled to another location and threw his last smoke grenade but the smoke did not penetrate the jungle foliage. Seriously wounded in the leg during this effort he returned to his radio and, refusing medical aid, adjusted the artillery even closer as the enemy advanced on his position. Recognizing the need for additional firepower, he again braved the enemy fusillade, crawled to the edge of his position and fired several magazines of tracer ammunition through the jungle canopy. He succeeded in designating the location to the gunships but this action again drew the enemy fire and he was wounded in the other leg. Now enduring intense pain and bleeding profusely, he crawled to within 10 meters of an enemy machine gun which had caused many casualties among his men. He destroyed the position with hand grenades but received additional wounds. Rallying his remaining men to withstand the enemy assaults, he realized his position was being overrun and asked for artillery directly on his location. He fought until mortally wounded by an enemy rocket. Although every man in the platoon was a casualty, survivors attest to the indomitable spirit and exceptional courage of this outstanding combat leader who inspired his men to fight courageously against overwhelming odds and cost the enemy heavy casualties. P/Sgt. Grandstaff's selfless gallantry, above and beyond the call of duty, is in the highest traditions of the U.S. Army and reflects great credit upon himself and the Armed Forces of his country. 
    1967 - Tennessee Governor Ellington approved the repeal of the Butler Act or "Monkey Law," upheld in the 1925 Scopes Trial
    1968 - A tornado outbreak occurred across Illinois, Missouri, Indiana, Ohio, Iowa, and Arkansas. Charles City, Iowa was devastated by a tornado rated F5 with 13 people killed and 30 million dollars damage done. An F4 tornado tracked through Jackson, Craighead, and Mississippi Counties in Arkansas, killing 35 people and injuring 361. 164 homes in Jonesboro were destroyed.
    1968 - Electric Flag played the Late Show at the famed San Francisco Carousel Ballroom.
(To listen) http://concerts.wolfgangsvault.com/dt/electric-flag-concert/49934-2140.html
    1968 - Al Kaline hit his 307th HR, surpassing Hank Greenberg for the Detroit Tiger team HR record.
    1968 - Frank Howard tied the AL record with a HR in his 6th consecutive game; his 10 home runs are the most in 6 games.
    1969 – Apollo 10 began their orbit to circle the moon ten times.
    1969 – The Klamath tribe wins $4.1 million for loss of Oregon lands during fraudulent government surveys in 1880s. 
    1969 – Birthday of pop singer Martika, whose real name is Marta Marrera, Whittier, CA.  Her “Toy Soldiers” was a number-one record in 1989.
    1969 – No. 1 Billboard Pop Hit: “Get Back,” The Beatles.
    1970 – Actress, writer, comedian, producer Tina Fey was born Elizabeth Stamatina Fey in Upper Darby, PA.  Fey has received eight Emmys, two Golden Globes, five Screen Actors Guild Awards, and four Writers Guild of America Awards and was nominated for a Grammy for her autobiographical book “Bossypants,” which topped The New York Times Best Seller List for five weeks. In 2008, the Associated Press gave Fey the AP Entertainer of the Year award for her satirical portrayal of Republican vice presidential candidate Sarah Palin in a guest appearance on “Saturday Night Live.”
    1970 – Top Hits
“American Woman/No Sugar Tonight” – The Guess Who
“Vehicle” – The Ides of March
“Cecilia” – Simon & Garfunkel
“My Love” – Sonny James
    1974 – “The Streak” started a 3-week run at number one on the “Billboard” pop music chart. The novelty tune by Ray Stevens was about people running nekkid where they shouldn’t be nekkid, like, in public. It was the second number one hit for the comedian who made numerous appearances on Andy Williams’ TV show in the late 1960s, as well as his own show in the summer of 1970. His first number one hit, just prior to “The Streak,” was “Everything is Beautiful.” Both songs won gold records, as did his comedic “Gitarzan,” a top ten hit in 1969. Stevens has been the top novelty recording artist of the past three decades.
    1978 – Top Hits
“If I Can’t Have You” – Yvonne Elliman
“The Closer I Get to You” – Roberta Flack with Donny Hathaway
“With a Little Luck” – Wings
“It’s All Wrong, But It’s All Right” – Dolly Parton
    1978 – “The Buddy Holly Story,” a film starring Gary Busey as Holly, has its world premiere in Dallas. The movie will be a critical and commercial success.
    1980 – 9,677-foot Mt. St. Helens, quiet for 93 years, blew its top. The volcanic blast was five hundred times more powerful than the atomic bomb that leveled Hiroshima. Steam and ash erupted more than eleven miles into the sky and darkened skies in a 160-mile radius. Forest fires erupted around the volcano and burned out of control. The eruption, and those that followed, left some sixty dead and caused damage amounting to nearly three billion dollars.
http://vulcan.wr.usgs.gov/Imgs/Gif/Pictograms/may18_sequence.gif
    1982 - Unification Church founder Reverend Sun Myung Moon convicted of tax evasion.
    1983 - Dr. Sally Ride, 32-year-old with a Ph.D. in physics and pilot's license, becomes the first U.S. woman astronaut in space as a mission specialist aboard space shuttle Challenger, 20 years and two days after the first Russian woman went into space. It would be another 15 years before an American woman became a co-pilot of a U.S. space vessel. It took until 1995 - 32 years later - for American Lt. Col. Eileen Collins to touch the controls of an American spacecraft as co-pilot on a space mission. In 1998, she was named a space mission pilot and is scheduled to lift off her spacecraft in late 1999.
    1985 - Patricia Kimbrell, the first woman admitted to the ranks of the United States Jaycees, was installed as president of the Dallas chapter.
    1985 - The Scottish Rock band Simple Minds make their breakthrough in North America when "Don't You (Forget About Me)” tops the Billboard singles chart. The song was written specifically for the film “The Breakfast Club” and was only the second tune recorded by the group that they did not write.
    1986 - A remake of "Stagecoach," starring Johnny Cash, Willie Nelson, Kris Kristofferson, Waylon Jennings and John Schneider aired on network television. The production apparently was far from smooth, with Nelson walking off the set at one point. The stars all criticized the movie in a "TV Guide" article, with one aide to Cash describing it as being filmed with "a Concorde cast and a crop-duster crew."
    1986 - Top Hits
“Greatest Love of All” - Whitney Houston
“Why Can’t This Be Love” - Van Halen
“What Have You Done for Me Lately” - Janet Jackson
“Ain’t Misbehavin’” - Hank Williams, Jr.
    1987 - Thunderstorms in Kansas, developing along a cold front, spawned tornadoes at Emporia and Toledo, produced wind gusts to 65 mph at Fort Scott, and produced golf ball size hail in the Kansas City area. Unseasonably hot weather prevailed ahead of the cold front. Pomona, NJ reported a record high of 93 degrees, and Altus, OK, hit 100 degrees.
    1988 - A's Dave Stewart breaks a Major League record committing his twelfth balk of the season.
    1990 - Thunderstorms produced severe weather in the central U.S. spawning sixteen tornadoes, including a dozen in Nebraska. Thunderstorms also produced hail four inches in diameter at Perryton, TX, wind gusts to 84 mph at Ellis, KS, and high winds which caused nearly two million dollars damage at Sutherland, NE. Thunderstorms deluged Sioux City, IA with up to eight inches of rain, resulting in a record flood crest on Perry Creek and at least 4.5 million dollars damage.
    1991 - Gertrude Belle Elion, co-recipient of the 1988 Nobel Prize in Medicine, became the first woman inducted as a member of the National Inventors Hall of Fame. Elion’s researched to the development of leukemia-fighting drugs and immunosuppressant Imuran, which is used in kidney transplants. 
    1994 - Michael Jackson and Lisa Marie Presley were married in a private ceremony at a judge's home in the Dominican Republic. First word of the marriage came two months later from the judge himself in an interview published in a Dominican newspaper. The Jackson camp denied the story for several weeks. The marriage came after Jackson reached an out-of-court settlement with a teenager who accused the singer of seducing him. Jackson denied the allegations. Presley filed for divorce in January, 1996.
    1995 - Severe thunderstorms spawned 86 tornadoes over the Mississippi and Ohio Valleys, resulting in 4 deaths and 161 injuries. 5 of the tornadoes were rated F4.
    1997 - Tiger Woods wins Byron Nelson Golf Classic
    1998 - The CBS season finale of TV sitcom “Murphy Brown” aired, with the title character, played by Emmy-winner Candice Bergen, giving birth to an illegitimate son. Vice President Dan Quayle publicly lambasted the comedy, saying that the program "glorified" single-parenthood, and that it made a mockery of families with fathers. He went on to comment that "Murphy Brown" lacked the judgment to be a proper role model for young women, and that her actions were immoral. Despite the national unpopularity of his criticisms, Quayle did not back down from his stand against the popular show, providing fodder for many stand-up comics.
http://www.eonline.com/News/Items/0,1,3019,00.html
    1999 - The Backstreet Boys release their highly anticipated third album, "Millennium." The album goes on to become the best-selling album of the year.
    2000 - Mark McGwire passes Mickey Mantle into eighth place on the all-time home run career list with 539, although The Mick did not have any “help.” 'Big Mac' goes deep three times as the Cardinals beat the Phillies, 7-2.
    2004 - At the age of 40, southpaw Randy Johnson becomes the oldest pitcher to ever throw a perfect game as the Diamondbacks beat the Braves, 2-0. The ‘Big Unit’ joins Cy Young, Jim Bunning, Hideo Nomo and Nolan Ryan as the only hurlers to throw no-hitters in both leagues and creates the longest time span between no-no’s, having first accomplishing the feat against the Tigers in June of 1990.
    2005 - A second photo from the Hubble Space telescope confirmed that Pluto has two additional moons.
    2015 - President Barack Obama banned the use of certain military equipment by police in the wake of recent deaths of unarmed black men by police officers; the move is meant to help communities see police as protectors rather than as an 'occupied force.'

Stanley Cup Champions
    1971 - Montreal Canadiens