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Elizabeth Holmes’s Ex-Boyfriend Hopes to Escape the Verdict She Didn’t

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Elizabeth Holmes’s Ex-Boyfriend Hopes to Escape the Verdict She Didn’t

Elizabeth Holmes was a star entrepreneur whose trial for defrauding traders in her blood-testing start-up grew to become one of many largest Silicon Valley spectacles because the introduction of the iPhone. Her conviction in January marked a uncommon second within the boastful historical past of expertise: A chief govt was held criminally answerable for mendacity.

For a lot of her trial, Ms. Holmes sought in charge her deputy and former boyfriend, Ramesh Balwani, for what went incorrect at her firm, Theranos. Now Mr. Balwani, who is called Sunny, may have the chance to reply in his personal fraud trial. Jury choice was scheduled to start on Wednesday in the identical federal courtroom in San Jose, Calif., the place Ms. Holmes’s destiny was decided.

The primary trial provided, and the second trial guarantees, a detailed examination of an uncommon relationship between a younger lady and an older man. Ms. Holmes and Mr. Balwani had a secret romance that was additionally an expert alliance, an thrilling promise to enhance well being take care of hundreds of thousands that as an alternative put sufferers in danger. Their blood testing didn’t work, whilst they assumed new and higher expertise would rescue them from their reckless claims.

Mr. Balwani, 57, is a former software program govt who made a fortune in the course of the late Nineteen Nineties dot-com increase. He befriended Ms. Holmes once they have been finding out in China the summer season earlier than her freshman 12 months at Stanford College. Their romantic relationship ultimately led him to affix Theranos in 2009 as president and chief working officer.

He was the alternative of a star, barely talked about within the glowing cowl tales about Ms. Holmes and Theranos. By all proof, nevertheless, Mr. Balwani and Ms. Holmes, now 38, have been a group that dominated the start-up tightly. Few knew they have been in a relationship.

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“She was the Wizard of Oz, dazzling the traders and media, however he was the one behind the scenes working the equipment,” stated Reed Kathrein, a San Francisco lawyer who efficiently sued Ms. Holmes and Theranos in 2016 on behalf of traders. He stated he was assured the prosecution would present that “he knew she was mendacity and by no means put a cease to it.”

“He knew every thing,” Mr. Kathrein stated.

Mr. Balwani’s trial will go over acquainted floor. He faces the identical 12 fees that Ms. Holmes initially confronted. (One rely was dropped after a procedural error by the federal government.) He has pleaded not responsible.

Ms. Holmes was discovered responsible on 4 counts of defrauding traders and acquitted on 4 counts of defrauding sufferers; the jury deadlocked on the remaining three investor counts. She will probably be sentenced within the fall.

The consensus amongst authorized specialists following the case is that the federal government’s profitable prosecution of Ms. Holmes will give it a lift in Mr. Balwani’s trial.

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“​​The federal government has had the chance to do a full run, so they’ll have discovered what labored and what didn’t,” stated James Melendres, a former federal prosecutor who represents company purchasers.

Prosecutors, Mr. Balwani and his legal professionals declined to remark. By way of her legal professionals, Ms. Holmes declined to remark.

Whereas Ms. Holmes’s background has been extensively documented, comparatively little is thought about Mr. Balwani, together with why he’s known as Sunny.

An skilled software program govt, he had the nice luck to have his start-up bought by a bigger agency proper earlier than the 2000 inventory market crash, yielding him about $40 million. He bought a divorce, went again to highschool to get an M.B.A. and research pc science, and acquired fancy automobiles. (His license plate, in a nod to Karl Marx, was DASKPTL.) When he joined Theranos, he invested hundreds of thousands of his personal cash in it, his legal professionals have stated.

At Theranos, he had a fame for being a harsh, demanding boss who grew to become more and more paranoid that staff would steal commerce secrets and techniques that might supposedly revolutionize blood testing. In an incident recounted by the journalist John Carreyrou, Mr. Balwani known as the police to chase after a departing worker, explaining that the previous employee “stole property in his thoughts.”

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Mr. Balwani’s legal professionals are anticipated to emphasise his lack of expertise in biomedical gadgets, which have been on the coronary heart of Theranos’s claims. Authorized specialists stated he was unlikely to testify. He’d most probably be much less sympathetic on the witness stand than Ms. Holmes, a brand new mom who performed up her youth and arrived in court docket holding arms together with her mom and her accomplice.

“He doesn’t have these optics in his favor,” stated Ann Kim, a former federal prosecutor who represents corporations present process authorities investigations.

When Ms. Holmes took the stand in her protection, she tried to upend the narrative round her spectacular downfall, introducing bombshell allegations of abuse towards Mr. Balwani. He denied the accusations, and textual content messages launched in the course of the trial depicted a relationship of roughly equals, particularly as the corporate got here below stress from whistle-blowers and the media.

“The entire thing that we have now to answer liars is ridiculous,” Ms. Holmes fumed in a single message. Mr. Balwani promised retaliation towards their accusers: “We will even take authorized motion as soon as that is behind us.”

On the coronary heart of the federal government pursuit of each defendants is the argument that they stepped over the road from hype — as frequent in Silicon Valley as respiration — into deceit.

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Ms. Holmes might conjure up an alternate actuality with the easy ease of her function mannequin, the Apple co-founder Steve Jobs. Witnesses in her trial testified that she had made folks consider she would change the world. Traders poured almost $1 billion into Theranos.

Mr. Balwani, like most of lifeless humanity, possessed no such presents. There is just one video of him on-line, however it’s revelatory of his fashion.

In March 2014, when Theranos was rolling out its finger-prick blood testing system in Walgreens in Arizona, Mr. Balwani gave a presentation on “Healthcare Innovation” to the Arizona Senate’s Well being and Human Providers Committee. He wasn’t initially purported to do it — Ms. Holmes needed to cancel — and didn’t appear like he was having fun with himself.

Mr. Balwani advised the legislators that the corporate was engaged on “one thing that we consider is magical.” He talked about one specific affected person, who “had no limbs.” When this man needed to give blood, the needle went into his neck. On the Theranos clinic, nevertheless, “he had a small limb connected to his physique” and “we have been in a position to do a finger prick on him.”

How a limbless particular person immediately gained a limb was not defined. It was nearly as if Mr. Balwani had dared the senators to level out that Theranos was actually magical considering.

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They didn’t. As a substitute, they saluted him.

“I like bringing the free market to our well being care system,” stated State Senator Kelli Ward, a Republican, who famous that she was a household physician.

(Senator Ward is now the chair of the State Republican Celebration and was lively in efforts to overturn native election leads to favor of President Trump. “It’s even clearer now that we have to permit the free market to work,” she stated in an e-mail.)

Neither the prosecution nor the protection has filed its ultimate checklist of witnesses for Mr. Balwani’s trial. In December, the legal professionals filed their proposed questionnaires for potential jurors, together with a preliminary witness checklist.

A handful of potential witnesses from the Holmes trial have been struck for apparent causes, together with Ms. Holmes’s mom, Noel, and former Secretary of State Henry Kissinger, a Theranos board member. Mindy Mechanic, the Holmes group’s knowledgeable witness on home abuse who finally didn’t take the stand, was additionally eliminated. Mr. Balwani’s authorized group named specialists on forensic accounting, mental property and SQL databases.

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One potential witness for the federal government would make headlines. Ms. Holmes is, nevertheless, exceedingly unlikely to testify, even when doing so would possibly cut back her jail sentence.

“She appears prone to struggle this to the tip of the earth,” stated Jen Kennedy Park, a white-collar protection lawyer.

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Costco-brand cold and flu medication recalled by FDA: 'Not effective'

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Costco-brand cold and flu medication recalled by FDA: 'Not effective'

A Costco-brand cold and flu medicine has been pulled from shelves by the thousands.

A total of 8,640 boxes of Kirkland Severe Cold & Flu Plus Congestion Day and Night packs were recalled by the Food & Drug Administration (FDA) last week.

This is following the FDA’s proposal to ban the use of oral phenylephrine as an over-the-counter nasal decongestant in early November.

FOOD AND DRINK PRODUCT RECALLS IN DECEMBER: IT’S ALL ABOUT ‘PROTECTING CONSUMERS’

After “extensive review,” the FDA concluded that the active ingredient in the product (oral phenylephrine) is “not effective” as a nasal decongestant.

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Nearly 9,000 boxes of Kirkland Severe Cold & Flu Plus Congestion Day and Night were recalled for quality control issues. (iStock)

Dr. Marc Siegel, Fox News senior medical analyst, said he agrees with the recent pushback against the ingredient.

“This chemical is shown to be ineffective against cold and flu in its oral form, except at a dose that has some heart toxicity and can lead to palpitations, arrhythmia and high blood pressure.”

DR. NICOLE SAPHIER’S 5 FOODS TO BOOST THE IMMUNE SYSTEM THIS COLD AND FLU SEASON

The FDA stated that the Kirkland recall was related to quality control issues, noting in the official recall that the “released product should have been rejected.”

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This was a Class II recall, which the FDA describes as a “situation in which use of, or exposure to, a violative product may cause temporary or medically reversible adverse health consequences or where the probability of serious adverse health consequences is remote.”

Kirkland Cold & Flu

Recalled boxes of Kirkland Severe Cold & Flu Plus Congestion had lot numbers P139953 or P139815 with an August 2026 expiration date. (eBay)

Katy Dubinsky, a New York pharmacist and founder and CEO of Vitalize, confirmed with Fox News Digital that the recall most likely occurred due to deviations from CGMP (Current Good Manufacturing Practice).

“[That means] the product failed to meet required quality control standards and should have been rejected before release,” she said.

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“To guarantee all products meet strict safety and quality guidelines, the FDA made a Class II recall, which suggests low consumer risk and typically addresses issues unlikely to cause serious harm.”

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Manufacturing inconsistencies and labeling errors can cause “many” CGMP deviations, according to the pharmacist, as well as other procedural issues rather than ingredient problems.

“Acetaminophen, dextromethorphan, guaifenesin and phenylephrine – the listed active ingredients – are widely used as well as considered safe when taken as directed,” she said.

interior of Costco and shopping cart

Pharmacist Katy Dubinsky told consumers to stop using recalled lots of this product. (iStock)

Dubinsky instructed consumers to stop using the recalled lots and consult with a health care professional if concerns or symptoms arise after taking the product.

“However, there is no need for panic,” she said. “Recalls like this are important to keep products safe and help people trust the over-the-counter medications they rely on.”

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Recalled boxes of the Kirkland Cold & Flu product had lot numbers P139953 or P139815 with an August 2026 expiration date.

Fox News Digital reached out to the FDA and Costco for comment.

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Bird flu leads to severe human illness and state of emergency; experts discuss risk

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Bird flu leads to severe human illness and state of emergency; experts discuss risk

Bird flu (H5N1) continues to spark warnings around the country.

On Friday, the Centers for Disease Control and Prevention (CDC) confirmed the country’s first severe case of bird flu in a human.

The patient, who lives in southwestern Louisiana, is currently hospitalized, according to a release from the Louisiana Department of Health (LDH).

BIRD FLU SURGES IN SEVERAL US STATES WITH REPORTS OF NEW OUTBREAKS: ‘GETTING WORSE’

The infected person is known to have been exposed to sick and dead birds that are “suspected to have been infected,” the same source stated.

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The LDH is working with the CDC on genomic testing of the virus infecting the hospitalized patient. Fox News Digital reached out to the department for comment.

The Centers for Disease Control and Prevention on Friday confirmed the country’s first severe case of bird flu in a human. (iStock)

There have been a total of 61 human cases throughout the country since April.

No human-to-human transmission has been reported, leading the CDC to maintain its stance that risk to the public is low.

GOVERNOR NEWSOM DECLARES STATE OF EMERGENCY IN CALIFORNIA DUE TO BIRD FLU

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Despite the low risk, California Gov. Gavin Newsom on Wednesday declared a state of emergency due to the bird flu.

The declaration follows an outbreak of the virus among dairy cows in Southern California farms, according to the news release on the governor’s website.

“This proclamation is a targeted action to ensure government agencies have the resources and flexibility they need to respond quickly to this outbreak,” Newsom said in a statement. 

Governor Newsom

California Gov. Gavin Newsom on Wednesday declared a state of emergency due to the bird flu. (Mario Tama)

“Building on California’s testing and monitoring system — the largest in the nation — we are committed to further protecting public health, supporting our agricultural industry, and ensuring that Californians have access to accurate, up-to-date information,” he continued.

“While the risk to the public remains low, we will continue to take all necessary steps to prevent the spread of this virus.”

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Doctors discuss bird flu risk

Sam Scarpino, PhD, director of AI and life sciences at Northeastern University in Boston, said the “tragic case” in Louisiana is evidence of the “widespread nature” of H5N1 in the U.S.

“It also reinforces the very serious situation we are facing,” he told Fox News Digital.

“We need to take more decisive action to control the spread of H5N1 in animal populations.”

“We need to take more decisive action to control the spread of H5N1 in animal populations. Until then, we will continue to see human spillover cases, and some of them will unfortunately be severe.”

Dr. Marc Siegel, clinical professor of medicine at NYU Langone Health and Fox News senior medical analyst, pointed out that this severe case represents just one instance of the infection and is not necessarily cause for alarm.

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Split image of cows and bird flu vial

No human-to-human transmission has been reported, leading the CDC to maintain its stance that risk to the public is low. (iStock)

“We’d have to know more about the patient’s particular medical details,” he told Fox News Digital. “We can’t conclude [from one case] that it’s becoming more severe in humans.”

Previous iterations of bird flu have had a 50% death rate in humans, Siegel noted, but the 61 human cases in the U.S. this year have been “very mild.”

“That is actually a good sign, that the virus is mutating away from severity, as traditionally H5N1 makes humans very sick,” he told Fox News Digital. 

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The most critical thing to watch, according to the doctor, is whether bird flu will begin to spread from human to human. 

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“That’s the key thing we’re concerned about — that it doesn’t get into the upper respiratory tract among humans,” Siegel said.

Waterfowl

“Bird flu is a group of influenza viruses that primarily circulate among bird populations,” an expert told Fox News Digital. “However, influenza viruses are also known to jump species, and bird flu has done this a few times in history.” (Uli Deck/picture alliance via Getty Images)

“It hasn’t up until now, and that’s because it would take some mutations — at least one. We’re tracking that, but probably not closely enough.”

The vast majority of recent human cases have stemmed from direct contact with animals, he said — “but it’s now spread into the cattle population and into milk, which worries a lot of people, including me.”

Rebecca C. Christofferson, PhD, associate professor in the Department of Pathobiological Sciences at Louisiana State University, commented to Fox News Digital about the potential for a pandemic.

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“Nobody wants another pandemic.”

“Bird flu is a group of influenza viruses that primarily circulate among bird populations,” she told Fox News Digital. 

“However, influenza viruses are also known to jump species, and bird flu has done this a few times in history.”

Bird flu sample

A researcher wears a protective suit while collecting samples of wildlife where the H5N1 bird flu virus was detected in Chilean Antarctic territory in Antarctica. (Reuters/Instituto Antartico Chileno)

“The more the virus gets into mammals and then the more it passes from mammal to mammal, the greater the concern that it will adapt to mammals and spread more easily among them and then spill over into humans,” Christofferson added.

“Nobody wants another pandemic.”

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The good news, Cristofferson said, is that it’s easy to protect yourself from catching bird flu. 

“If you have to handle birds or suspected ill animals (or be around ill people), wearing gloves and masks and washing your hands will protect you as it does with other respiratory viruses,” she said.

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'Pendulum lifestyle' could be key to juggling daily challenges

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'Pendulum lifestyle' could be key to juggling daily challenges

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For those who are feeling “stuck” or overwhelmed while striving for work-life balance, some experts recommend adopting a “pendulum lifestyle.”

Coined by Dr. Jeffrey Karp, Ph.D, a professor of biomedical engineering at Brigham & Women’s Hospital Harvard Medical School in Boston, the pendulum lifestyle is defined as a “concept that acknowledges life’s natural ebb and flow, and empowers you to thrive amidst the swings.”

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“Rarely are we in balance … it’s just unrealistic and an anxiety-inducing expectation,” the doctor told Fox News Digital in an interview. 

WHY THERE’S NO SUCH THING AS A ‘WORK-LIFE BALANCE,’ SAYS CAREER COACH AND AUTHOR

Seeing the world as a pendulum fosters a more compassionate mindset and alleviates the pressure to be perfect, Karp said.

For those who are feeling “stuck” or overwhelmed while striving for work-life balance, some experts recommend adopting a “pendulum lifestyle.” (iStock)

With this approach, people can take small steps to “swing the pendulum,” enabling them to feel more emotionally, mentally and physically “balanced” during the day, according to the expert.

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This could also empower individuals who feel “stuck” when facing daily challenges, he said.

“Looking at nature, there are so many cycles, so many things that are kind of going back and forth, like night and day …. changes of seasons, and the waxing and waning of the moon,” noted Karp. 

MOST PRODUCTIVE THINGS YOU CAN GET DONE EARLY IN THE MORNING BEFORE WORK, ACCORDING TO CAREER COACHES

The pendulum lifestyle involves daily “self-check-ins” where the person gauges their physical, emotional and mental energy levels, Karp said. They can then take immediate steps to move their levels in a positive direction toward the ideal balance.

“If we can visualize everything on a pendulum, we can think, ‘What’s the one step I could take today to bring the pendulum a little closer to where I want it to be?’” he said.

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Pendulum

With this approach, people can take small steps to “swing the pendulum,” enabling them to feel more emotionally, mentally and physically “balanced” during the day. (iStock)

For example, a person who has low physical energy could visualize a pendulum with the lowest energy on one side and the highest energy on the other.

He would then do a “self-check” to identify where his energy level lies on the pendulum and what small steps could move it closer to the ideal balance point, Karp said.

“True well-being doesn’t lie in perfection or consistency, but in our ability to navigate the ebb and flow of life.”

That might mean taking a 10-minute walk, doing some jumping jacks or performing a few stretches to move the pendulum to a higher energy level position. 

“This empowers the person and reminds them they are not stuck,” Karp said.  

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Man power walk

Taking a 10-minute walk, doing some jumping jacks or performing a few stretches can move the pendulum to a higher energy level position, the expert said.  (iStock)

On the flip side, if it’s late at night and a person needs to wind down, she might engage in a calming exercise like meditation or listening to relaxing music as a way to swing the pendulum to a level more conducive to sleeping, the expert advised.

The pendulum lifestyle can also serve as a mood-booster, Kelp said. When someone is feeling down, watching a funny movie or practicing gratitude can help shift the pendulum.

WHAT IS ‘BRAIN ROT’? THE SCIENCE BEHIND WHAT TOO MUCH SCROLLING DOES TO OUR BRAINS

The approach could also help launch forward momentum if someone feels “stuck” in life, the expert said. 

“When you start to realize that you’re not limited to being at that spot on the pendulum, but can take a step forward and be intentional, it’s just so empowering,” he said.

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Stressed busy woman

The daily check-in process could help individuals identify when they are feeling in less than tip-top shape and find ways to swing in a better direction, one expert said. (iStock)

Dr. Molly Sherb, an assistant professor of psychiatry at the Icahn School of Medicine at Mount Sinai and a licensed psychologist at Mount Sinai in New York City, commented on Karp’s concept of a pendulum lifestyle.  

“When you start to realize that you’re not limited to being at that spot on the pendulum, but can take a step forward and be intentional, it’s just so empowering.”

She agreed that the daily check-in process could help individuals identify when they are feeling in less than tip-top shape and find ways to swing in a better direction.

“That might include getting better sleep or eating a healthier breakfast … to help you wake up with a better bandwidth tomorrow,” Sherb said.

Progress, not perfection

Dr. Christopher Fisher, a psychologist at Zucker Hillside Hospital Northwell Health in Queens, New York, said the pendulum lifestyle could help those who feel pressured to achieve a perfect work-life balance.

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“The pendulum of life’s experiences – whether emotional, cognitive or physical – is one of the truest expressions of what it means to be human,” he told Fox News Digital.

TRUMP’S DAYLIGHT SAVING TIME PLAN AND SLEEP: WHAT YOU MUST KNOW

“True well-being doesn’t lie in perfection or consistency, but in our ability to navigate the ebb and flow of life,” he told Fox News Digital.

Sherb agreed that the essence of the pendulum lifestyle is that it’s not always possible to strike that 50-50 equal balance.

Writing in journal

Adopt a constructive viewpoint and ask yourself what positive changes or routines can help you achieve a more optimal level on the pendulum path, one expert advised. (iStock)

“It’s about constantly tuning into yourself … and seeing which parts of your life might need you more at certain times,” she said.

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“It’s not a one-size-fits-all approach, but a more tailored approach based on what you need and what people in your life need from you.”

4 steps to implementing the pendulum lifestyle

Karp shared some specific strategies for adopting the pendulum approach.

1. Perform a head-to-toe check-in each morning

Ask yourself how you are feeling emotionally, physically and mentally. What parts do not feel at a 100% level?

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2. Make any necessary adjustments

Based on your self-check-in, consider changing your routine to accommodate your energy level or take simple steps to help move the pendulum in a positive direction, Karp suggested.

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3. Be compassionate and curious

If you feel off-balance, Karp said to recognize that as part of the natural pendulum swing and to embrace it with self-compassion rather than shame and criticism. 

“It’s about constantly tuning into yourself … and seeing which parts of your life might need you more at certain times.”

Adopt a constructive viewpoint and ask yourself what positive changes or routines can help you achieve a more optimal level on the pendulum path, he advised.

4. Understand your pendulum swings

It could be helpful to ask yourself specific questions, such as the following.

      

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“What factors helped contribute to a state of feeling balanced?”

“What factors contributed to feeling off-balance?”

“What small changes can I make today to foster a sense of better balance?”

“How did I respond to feeling imbalanced and was it effective?”

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Above all, Karp said, it’s important to remember that finding balance is a “lifelong journey.”

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