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LOS ANGELES (AP) — Gabrielle Union and NBC say they have settled their differences in their dispute over her firing from "America's Got Talent." Union had said publicly and in a complaint to the California labor board that she was taken off the show because of her complaints that the environment on the set tolerated racism. Union and the network issued a joint statement Tuesday saying that they have reached an "amicable resolution." The statement says NBC appreciates Union's "important concerns" and "remains committed to ensuring an inclusive and supportive working environment where people of all backgrounds are treated with respect." Neither side gave details of the resolution. 695
LOS ANGELES (CNS) - The Securities and Exchange Commission announced Friday that Calabasas-based Cheesecake Factory Inc. will pay a 5,000 penalty for making "false or misleading" disclosures about the impact of the COVID-19 pandemic on its business operations and financial condition.This is the first time the SEC has brought allegations against a public company for misleading investors about the financial effects of the pandemic.According to the SEC's order, the Cheesecake Factory restaurant group said in regulatory filings in March and April that its eateries were "operating sustainably," while failing to disclose that the company was losing roughly million in cash per week and had just 16 weeks of cash remaining.The order finds that although the company did not disclose the information in its filings, the group did share the particulars with potential private equity investors or lenders as it sought additional liquidity during the public health crisis.Without admitting the SEC's findings, the restaurant company agreed to pay the penalty and to cease-and-desist from further violations of the charged provisions. In determining to accept the settlement, the SEC said it considered the cooperation afforded by the company.A Cheesecake Factory representative pointed to a disclosure form filed Friday in which the company stated it was in full compliance with the cease- and-desist order and that the company "fully cooperated with the SEC in the settlement" without admitting or denying the regulators' allegations.The order also finds that although the March filing described actions the company had undertaken to preserve financial flexibility during the pandemic, it failed to disclose that Cheesecake Factory already had informed its landlords that it would not pay rent in April due to the impacts that COVID- 19 inflicted on its business."During the pandemic, many public companies have discharged their disclosure obligations in a commendable manner, working proactively to keep investors informed of the current and anticipated material impacts of COVID-19 on their operations and financial condition," SEC Chairman Jay Clayton said. "As our local and national response to the pandemic evolves, it is important that issuers continue their proactive, principles-based approach to disclosure, tailoring these disclosures to the firm and industry-specific effects of the pandemic on their business and operations. It is also important that issuers who make materially false or misleading statements regarding the pandemic's impact on their business and operations be held accountable."Cheesecake Factory had notified its landlords that it wouldn't pay rent on April 1 due to financial complications stemming from the coronavirus outbreak. A letter sent by Chief Executive David Overton to the restaurant group's landlords -- many of which are shopping mall operators -- was released publicly in March by Eater L.A.The company has 294 restaurants in North America, 39 in California and five in San Diego County.Its largest landlord is Indianapolis, Indiana-based real estate company Simon Property Group, which provides space for 41 Cheesecake Factory locations, according to the San Fernando Valley Business Journal."When public companies describe for investors the impact of COVID-19 on their business, they must speak accurately," said Stephanie Avakian, director of the SEC's Division of Enforcement. "The Enforcement Division, including the Coronavirus Steering Committee, will continue to scrutinize COVID- related disclosures to ensure that investors receive accurate, timely information, while also giving appropriate credit for prompt and substantial cooperation in investigations." 3725

LOS ANGELES (AP) — After weeks of stressing education over enforcement, California communities are issuing fines and relying on anonymous tips to make sure businesses and residents are complying with health orders amid the coronavirus pandemic. Los Angeles County, the state’s most populous, is averaging 2,000 reports a week on its tip lines with complaints ranging from a lack of hand sanitizer to improper cleaning of workplace bathrooms. California on Thursday reported nearly a half-million confirmed virus cases since March, the most in the nation, and 391 deaths were tallied over the last two days, the highest since the start of the pandemic. 659
LOS ANGELES (AP) — Michael Jackson’s Neverland Ranch in California has found a new owner in billionaire businessman Ron Burkle. Burkle’s spokesman said in an email Thursday that Burkle bought the 2,700-acre property near Santa Barbara and views it as a land banking opportunity. The Wall Street Journal reports the property was sold for million to Burkle, an associate of the late pop star and co-founder of the investment firm Yucaipa Companies. In addition to a 12,500 square-foot main residence and a 3,700 square-foot pool house, the property boasts a 50-seat movie theater and a dance studio. 609
LOS ANGELES (AP) — Officials have vowed to find what sparked the inferno aboard the dive boat Conception that killed 34 people in waters off Southern California, but vital evidence may have gone down with the ship or drifted out to sea.The main piece of evidence, the charred remains of the boat, rests on the sea floor in 60 feet (18 meters) of water. Other items that could provide valuable clues could have been carried away by tides or destroyed in the blaze that burned so hot DNA is needed to identify the dead."All of that will be a very large hurdle to overcome," said George Zeitler, a former Coast Guard inspector who runs his own marine investigation firm. "It will definitely make for a complex investigation."Investigators will want to craft a timeline of the ship's final voyage from the moment it pulled away from a Santa Barbara dock early Saturday morning until dispatchers received the frantic mayday call of the breathless captain overwhelmed by smoke, experts said.RELATED: San Diego woman killed in deadly Conception boat fire off Santa BarbaraThey will look at the ship's layout and whether the bunk room below deck was too cramped and had enough exits, review maintenance records and even study photos and videos from people who have been on the boat to look for valuable evidence.As the investigation into the Labor Day tragedy expands on land and sea, federal and local authorities will look not only at determining what went wrong but also seek lessons that could lead to changes in commercial vessel regulations."Our mission here while we're on scene is to determine how this happened, why it happened and what safety improvements are needed to prevent it from ever happening again," said Jennifer Homendy of the National Transportation Safety Board.The fire, investigated with help from the FBI and Bureau of Alcohol, Tobacco, Firearms and Explosives, is being treated as an accident and there's nothing to suggest anything "nefarious," said Santa Barbara County Sheriff Lt. Erik Raney.The Conception, owned by Truth Aquatics, had been chartered for three days by a commercial dive outfit based in Santa Cruz to explore the rugged Channel Islands, sometimes referred to as the Galapagos of North America, about 20 miles (32 kilometers) south of Santa Barbara.The mayday call came at 3:15 a.m. Monday as passengers would have been sleeping while the boat was anchored just off Santa Cruz Island.While initial details were limited, Santa Barbara County Sheriff Bill Brown said fire above deck blocked the one stairway and an emergency exit hatch where 33 passengers and one crew member were sleeping in their bunks. It's not known if any alarm sounded or what the people below deck may have done to try to escape."If an emergency exit is blocked due to fire and prevents one from escaping, it's a horrific situation," said Hendrik Keijer, an investigator with Robson Forensic who has captained cruise ships and operated cargo boats. "Vessels are mazes."The five survivors were all crew members, including the captain. They apparently jumped from the boat's bow, where the stairway led to the sleeping quarters, and swam to the stern, where they escaped in a dinghy and were taken aboard a nearby boat.Attorney James Mercante, a former merchant marine officer who has defended thousands of maritime casualty cases, said it was unusual that only crew members survived, but that is likely because they were above deck.Mercante said he would want to find out what the crew did upon being alerted to fight the fire and for how long before they abandoned ship."Something was ignited that spread a fire rapidly," Mercante said. "It must have spread awfully quickly if nobody but the crew got out."Even with limited physical evidence, fire investigators should be able to pinpoint where the fire began, though finding the cause will be more difficult, Mercante said.The leading causes of boat fires are, specifically, electrical problems and, generally, stupidity, said Walter Godfrey, who has investigated more than 2,000 boat fires in a career spanning a half-century.By all accounts Godfrey has seen, Truth Aquatics had a good reputation and a clean record of service and was not the type of outfit to employ do-it-yourself electrical wiring."I don't think they'd be cutting those kind of corners," Godfrey said. "I would think just off the top of the head this would have to have been something totally accidental and not something ... you would anticipate."Coast Guard records show fire safety violations on the Conception in 2014 and 2016 were quickly fixed. There were no deficiencies found in February or August 2018 inspections.The same problems that lead to house fires every day can also sink ships: kitchen fires, unextinguished cigarette butts and gas leaks.While experts did not want to speculate on a cause, Godfrey said he would want to know more about the built-in barbecue on board and where gasoline was stored for the dinghy. He said electrical fires are most common because a boat — even when docked — is always moving and wires get chafed and exposed. They can arc and spark or ignite gas vapors.A fire on board can rapidly become a terrifying situation with no help nearby."It's very difficult to fight fires without outside help," Keijer said. "You're really on your own in most instances. It's up to the vessel's crew to fight fires. It's not like one can easily escape a vessel. You walk out of a building if a fire occurs on land. That's not as easy on vessels." 5515
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