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The Creative 100

By Chinese Laundry Outcast Leather kMaDzAqDYp
June 10, 2018
Caroline Cappelli and Ryan Tovani, ACDs at GSP, created the Super Bowl's epic Doritos-Mountain Dew lip sync battle.
By Adweek Staff
June 10, 2018

Unafraid and unintimidated by change, today’s emerging creative superstars reflect everything the ad industry aspires to be: diverse, principled, restlessly innovative and personally interwoven with the complex cultures marketers have consistently struggled to understand. These are the faces of a new creative class, and they’re ready to bulldoze every obstacle and outdated institution that gets in their way.

When it comes to the emotional power of film, Kako Mendez is a true believer—so much so that he created an app called Feelm that helps you find the right movie for your current mood rather than your favorite genre.

But the film buff can create just as well as he can curate, as proven by the masterpiece Mendez and TBWA\Media Arts Lab partner Robbin Ingvarsson dreamed up this year: Apple HomePod’s “Welcome Home,” directed by (fellow Creative 100 honoree) Spike Jonze and starring dancer FKA twigs.

The longform spot is a stunning piece of craft that combines surreal practical effects with mind-bending visuals, and it was a labor of love for the two associate creative directors.

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“It gave us the opportunity to be on a set full of world-class artists,” Mendez says. “There’s no better learning and inspiring experience than that. And the reward was obvious—we got to make a piece that blew people’s minds and hearts away. It was wonderful to see your crazy little dream on a paper become real.”

The duo also led a 2017 visual rebrand of Apple Music and created dramatic spots for the MacBook Pro and Apple Watch.

Ingvarsson, who describes his home country of Sweden as “a culture that doesn’t pay an exaggerated respect to titles,” says a key to creative innovation is finding the balance between respecting those who’ve come before you and carving out your own path.

“Learn from people, collaborate with them,” he says, “but don’t shy away from questioning their ‘truths’—in the nicest of ways.” — David Griner

What can a pizza chain do? Oh sure, it can make pizza, but in 2018 that’s nowhere near enough. Can it fill the potholes in your town to help get your pizza home with maximum speed and minimal jostling? Can it create a wedding registry that’ll keep the happy couple in cheesy, saucy bliss? Can it give Ferris Bueller another day off?

For Domino’s, the answer to all of the above is yes, and the person we have to thank is Kelly McCormick. One of CP+B’s most prolific creatives since joining the Boulder office in 2010, she was promoted to creative director and lead on the Domino’s account in 2016, ushering in a new era of bizarrely charming innovations.

Professor John Honnold suggests room within the CISG for some form of obligation like culpa in contrahendo , [208] and in particular, relief for wrongfully [page 294] revoked offers. [209] Nonetheless, Honnold concludes elsewhere that culpa in contrahendo , in the form of liability for breaking off negotiations in bad faith, is outside the scope of the CISG. [210] For this reason, Honnold ultimately falls within the majority view despite the above comments.

With differing degrees of tentativeness, Professors Gert Reinhart and Rosett argue that culpa in contrahendo -style duties of good faith in negotiations arise through Article 7(1). Lola Ramona Elsie Vegan Leather Peep Toe Pump XVYrIcSy
Other authors describe a duty to inform or disclose within the CISG based on a general principle of good faith, [212] with some going so far as to propose duties not to prevent a contract from forming in bad faith on this basis. [213]

Authors in this group look solely within the confines of the CISG to determine, as a matter of internal interpretation and gap-filling, whether the CISG contains duties pertaining to the precontractual phase. [214] Essentially, they presume the question of precontractual duties can be characterized as an internal gap; that is, a gap praeter legem . Thus, they base precontractual expansion on the flexible [page 296] and liberal interpretive approach encouraged in the case of internal gaps. [215] They leave unsaid, however, why precontractual liability should be considered an internal rather than external gap warranting such liberal treatment.

B. Minority Group Two: By Internal Interpretive Method but Acknowledging Scope

Professor Michael Joachim Bonell and Silvia Gil-Wallin also treat the matter as one of internal interpretation. Unlike the first group of authors, however, they directly address the CISG's scope within their analyses.

It is noteworthy that Gil-Wallin, who substantially concurs with Bonell's doctrinal analysis, [216] justifies her position on scope with two arguments. First, she argues that a broad scope is necessary to prevent losses caused by an unjustified withdrawal from negotiations. [217] Secondly, she contends that coverage of precontractual issues by the CISG improves uniformity over and above the variety of domestic laws that are otherwise determinative of the issue. [218] These brief justifications both relate to some of the "efficiency dilemma" factors discussed above, consistent with appeals to ex post fairness and greater formal uniformity. While she takes these extrinsic factor arguments no further, this is an unusually frank glimpse into the underlying policy justifications behind the minority view of precontractual liability.

In contrast to the first group, Bonell also openly discusses scope. Bonell, the vanguard of the minority view, rejects the historical deletion of a precontractual provision as determinative of the CISG's scope and argues for CISG liability in situations governed analogous to some of those covered by culpa in contrahendo but not expressly dealt with by the CISG. [219] He specifically acknowledges that, although the CISG seems unsuited to the task at first sight, such liability could extend to expectation damages under Article 74 despite the absence of a contract. [220]

4. The Existing Parties Do Not Fully Represent the Interest of the United States

The interest of the United States extends to individuals with all types of disabilities who have been subjected to discrimination, not just those with vision disabilities. Thus, the United States' interest includes individuals who are deaf and require captioning of audible materials on and individuals with manual dexterity disabilities who may require extra time warnings to complete time-sensitive transactions through . How the ADA is interpreted and applied in this case, and how the case is resolved, will affect not only the blind Plaintiffs, but also persons with other types of disabilities whose interests will not be represented fully unless the United States is permitted to intervene.

Further, Title III of the ADA authorizes the Attorney General to seek damages, where appropriate, for aggrieved individuals and to request that the Court assess a civil penalty; private plaintiffs have no statutory right under Title III to seek either compensatory damages or civil penalties. 42 U.S.C. § 12188(b). The United States has a significantly protectable interest in pursuing all appropriate relief in appropriate cases, such as this one.

The private plaintiffs cannot act as a surrogate for the United States in this case, as only the Attorney General and his designees can attend to the interests of the United States. 28 U.S.C. § 517; See 42 U.S.C. § 12101(b)(3) ("It is the purpose of this chapter . . . to ensure that the Federal Government plays a central role in enforcing the standards established in this chapter on behalf of individuals with disabilities."); Heaton v. Monogram Bank of Ga. , 297 F.3d 416, 424 (5th Cir. 2002) ("[i]t cannot be assumed that the existing [private] parties to the litigation would protect the FDIC's and the public's interest" in the proper regulation of the federal deposit insurance system).

B. Permissive Intervention By the United States Should Be Granted

Were the Court to find that the United States was not entitled to intervene as of right, permissive intervention should still be granted. Rule 24(b)(2) permits intervention on timely motion by a governmental officer or agency where:

Fed. R. Civ. P. 24(b)(2). The Court may permit intervention by anyone who has "a claim or defense that shares with the main action a common question of law or fact." Fed. R. Civ. P. 24(b)(1)(B). The same substantial interests that give the United States a right to intervene in this case under Fed. R. Civ. P. 24(a)(2), support permissive intervention under Fed. R. Civ. P. 24(b).

First, for the reasons detailed in Section I.A.1, supra , the United States' Motion to Intervene is timely. Second, if required to file a separate action to protect the interests not otherwise fully represented in this case, see discussion in Section I.A, at 2-4, supra , the United States would assert that Block's discriminatory conduct on its website and in its online services violated Title III of the ADA and the relevant implementing regulations. These assertions would require the Court to resolve both questions of fact – the nature of Block's conduct – and law – the application of the ADA to the facts – in common with the Plaintiffs' here. 2 See Docket No. 1 (at Count 1). Third, Plaintiffs' claim in this case is based in material part on the ADA and its implementing regulation. As discussed at length in Section I.A, supra , the Department of Justice has the central role in administering and enforcing Title III of the ADA and its regulation.

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July 05, 2018 12:26 AM ET

Independent Power and Renewable Electricity Producers


Otras Producciones de Energia Fotovoltaica sl designs, develops, constructs, and operates photovoltaic (PV) farms in Spain and internationally. Its technologies include PV solar, onshore wind, hybrid systems, and energy storage. The company’s areas of activity also comprise financing and asset management. In addition, it operates and manages assets owned by third parties. Otras Producciones de Energia Fotovoltaica sl was founded in 2005 and is based in Fustinana, Spain.

Pol. Ind. Santos Justo y Pastor, s/n

Fustinana, 31510


Founded in 2005


34 902 10 62 64


34 902 10 84 02

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Monte Whaley

Monte Whaley is a Palisade native who covers education and other interesting topics for The Denver Post.
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