Apple takes investors on a wild ride









SAN FRANCISCO — With only modest expectations, Robert Leitao of Santa Clarita made a decision in 1994 that would change his life. He bought Apple stock.


This was several years before Steve Jobs returned to resurrect Apple, long before the iPod, the iPhone or the iPads that would make Apple the most valuable company in the world. A $1 investment in Apple at the start of 1994 is now worth about $70.


"Even with the recent sell-off, I'm still doing very well with the stock," said Leitao, who works as director of operations at a Catholic church in Burbank. "Apple provided for a down payment on our home for our blended family of four kids."





Leitao is one of the countless people whose lives have been touched by Apple's stock, which has become a global economic force. It is now one of the most widely held stocks, and the most valuable. Even as Apple Inc.'s market value fell to $480 billion on Friday, it was still larger than the gross domestic product of Norway or Argentina, and more than the combined value of Google Inc. and Microsoft Corp.


Yet that astonishing size and economic influence is also what, many analysts believe, contributes to the extraordinary volatility that can make owning Apple's stock a hair-raising experience.


It was inevitable, analysts say, that after Apple's stock rose 74% in the first nine months of this year, a huge wave of selling would occur as fund managers locked in their profits. And yet, in recent years, these huge dips have been followed by even bigger run-ups that led to new record highs, a dynamic that one trader refers to as the "Apple slingshot."


That pattern has some analysts betting Apple will soar above $1,000 a share in 2013, a scenario almost guaranteed to drive the global obsession with the company's stock into an even greater frenzy.


"The impact on shareholders and on the economy is incredible," said Howard Silverblatt, senior index analyst for S&P Dow Jones Indices. "We've not seen anything like this in the modern trading era. Ever."


Even after the remarkable decade of Apple's revival, the company's stock managed to reach new milestones this year. Early in 2012, Apple became the sixth company ever to surpass $500 billion in market value. In August, it became the only company in history with a market value topping $622 billion.


That performance affects just about anyone who has a 401(k) account or a pension. According to FactSet, a research firm that tracks investment funds, 2,555 institutional investors — mutual funds, hedge funds and pension funds, among others — owned stock in Apple, just behind the 2,590 that held Microsoft stock, as of Sept. 30, the most recent date funds had to disclose their holdings. However, the value of that Apple stock held by institutional investors on that day was $427 billion, compared with $172 billion for Microsoft, according to FactSet.


Silverblatt said the only company that has come close to having such a strong influence on the broader stock markets since World War II is IBM in the early 1980s, when the PC revolution was just getting started. But not only is the value of Apple's stock remarkable, so is its volatility. Such large stocks rarely have such big, quick swings.


Apple shares peaked at $702.10 on Sept. 19, up from $401.44 at the start of the year, a run that astonished analysts. But just as remarkable has been its collapse, falling as low as $505.75 in intra-day trading Nov. 16.


"It's just amazing because it's such a large company," said Brian Colello, a senior research analyst at Morningstar. "The company lost about $35 billion in market cap in one day. That's the size of some large-cap stocks."


Yet such swings have become commonplace for Apple stock. Before its latest swoon of 23.4% since its September high, Apple had experienced three previous corrections of more than 10% over the last two years.


The value of Apple's stock and its extreme swings have made researching it and trading it almost a full-time job for some people. Jason Schwarz of Marina del Rey edits EconomicTiming.com, which sends out up to five newsletters each week to its 1,000 clients that focus in large measure on Apple. He also helps run Lone Peak Asset Management, which has about $500 million in assets.


Schwarz says that what he calls the "Apple slingshot" is actually a virtue of the shares.


"The extraordinary volatility is the result of Apple's strength," Schwarz said. "People try to blame the volatility on Apple's weaknesses."


Schwarz and many other Apple believers argue that people are making a big mistake when they try to understand the stock's behavior by focusing on various bits of bad news such as an executive shake-up, the Maps controversy or questions about market share or competition. They have almost nothing to do with the regular hits taken by Apple shares, the argument goes.


Instead, folks like Schwarz say more technical factors are at work, such as the fact that the fiscal year for many stock funds ends Oct. 31. When the stock peaked in September, many fund managers rushed to sell to lock in profits for the year. Apple stock makes so much money for so many people, then plummets when shareholders pause to reap their profits, Schwarz says.


The volatility has continued in recent weeks, the argument goes, because fears of higher taxes next year have many fund managers trying to take advantage of short-term swings to make bigger profits. That volatility offers tantalizing windows for huge, short-term profits for investors willing to take the risk.





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RIM shows how BlackBerry 10 touch screen keys could rival its traditional keyboards [video]






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School shooting postpones Cruise premiere in Pa.


NEW YORK (AP) — The U.S. premiere of the Tom Cruise action movie "Jack Reacher" is being postponed following the deadly Connecticut school shooting.


Paramount Pictures says "out of honor and respect for the families of the victims" the premiere won't take place Saturday in Pittsburgh, where "Jack Reacher" was filmed.


The premiere would've been Cruise's first U.S. media appearance since his split from Katie Holmes over the summer. It was to be more contained with select outlets covering and a location away from Hollywood or New York.


A proclamation ceremony for Cruise had been planned with Pennsylvania Gov. Tom Corbett and Pittsburgh Mayor Luke Ravenstahl.


No new date for the premiere has been set. The movie opens Dec. 21.


Friday's massacre at a Newtown, Conn., elementary school killed 20 children and several adults.


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School Yoga Class Draws Religious Protest From Christians


T. Lynne Pixley for The New York Times


Miriam Ruiz during a yoga class last week at Paul Ecke Central Elementary School in Encinitas, Calif. A few dozen parents are protesting that the program amounts to religious indoctrination.







ENCINITAS, Calif. — By 9:30 a.m. at Paul Ecke Central Elementary School, tiny feet were shifting from downward dog pose to chair pose to warrior pose in surprisingly swift, accurate movements. A circle of 6- and 7-year-olds contorted their frames, making monkey noises and repeating confidence-boosting mantras.




Jackie Bergeron’s first-grade yoga class was in full swing.


“Inhale. Exhale. Peekaboo!” Ms. Bergeron said from the front of the class. “Now, warrior pose. I am strong! I am brave!”


Though the yoga class had a notably calming effect on the children, things were far from placid outside the gymnasium.


A small but vocal group of parents, spurred on by the head of a local conservative advocacy group, has likened these 30-minute yoga classes to religious indoctrination. They say the classes — part of a comprehensive program offered to all public school students in this affluent suburb north of San Diego — represent a violation of the First Amendment.


After the classes prompted discussion in local evangelical churches, parents said they were concerned that the exercises might nudge their children closer to ancient Hindu beliefs.


Mary Eady, the parent of a first grader, said the classes were rooted in the deeply religious practice of Ashtanga yoga, in which physical actions are inextricable from the spiritual beliefs underlying them.


“They’re not just teaching physical poses, they’re teaching children how to think and how to make decisions,” Ms. Eady said. “They’re teaching children how to meditate and how to look within for peace and for comfort. They’re using this as a tool for many things beyond just stretching.”


Ms. Eady and a few dozen other parents say a public school system should not be leading students down any particular religious path. Teaching children how to engage in spiritual exercises like meditation familiarizes young minds with certain religious viewpoints and practices, they say, and a public classroom is no place for that.


Underlying the controversy is the source of the program’s financing. The pilot project is supported by the Jois Foundation, a nonprofit organization founded in memory of Krishna Pattabhi Jois, who is considered the father of Ashtanga yoga.


Dean Broyles, the president and chief counsel of the National Center for Law and Policy, a nonprofit law firm that champions religious freedom and traditional marriage, according to its Web site, has dug up quotes from Jois Foundation leaders, who talk about the inseparability of the physical act of yoga from a broader spiritual quest. Mr. Broyles argued that such quotes betrayed the group’s broader evangelistic purpose.


“There is a transparent promotion of Hindu religious beliefs and practices in the public schools through this Ashtanga yoga program,” he said.


“The analog would be if we substituted for this program a charismatic Christian praise and worship physical education program,” he said.


The battle over yoga in schools has been raging for years across the country but has typically focused on charter schools, which receive public financing but set their own curriculums.


The move by the Encinitas Union School District to mandate yoga classes for all students who do not opt out has elevated the discussion. And it has split an already divided community.


The district serves the liberal beach neighborhoods of Encinitas, including Leucadia, where Paul Ecke Central Elementary is, as well as more conservative inland communities. On the coast, bumper stickers reading “Keep Leucadia Funky” are borne proudly. Farther inland, cars are more likely to feature the Christian fish symbol, and large evangelical congregations play an important role in shaping local philosophy.


Opponents of the yoga classes have started an online petition to remove the course from the district’s curriculum. They have shown up at school board meetings to denounce the program, and Mr. Broyles has threatened to sue if the board does not address their concerns.


The district has stood firm. Tim Baird, the schools superintendent, has defended the yoga classes as merely another element of a broader program designed to promote children’s physical and mental well-being. The notion that yoga teachers have designs on converting tender young minds to Hinduism is incorrect, he said.


“That’s why we have an opt-out clause,” Mr. Baird said. “If your faith is such that you believe that simply by doing the gorilla pose, you’re invoking the Hindu gods, then by all means your child can be doing something else.”


Ms. Eady is not convinced.


“Yoga poses are representative of Hindu deities and Hindu stories about the actions and interactions of those deities with humans,” she said. “There’s content even in the movement, just as with baptism there’s content in the movement.”


Russell Case, a representative of the Jois Foundation, said the parents’ fears were misguided.


“They’re concerned that we’re putting our God before their God,” Mr. Case said. “They’re worried about competition. But we’re much closer to them than they think. We’re good Christians that just like to do yoga because it helps us to be better people.”


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Downtown property owners fight MTA subway tunnel plans









As the MTA moves closer to starting construction on a subway tunnel in downtown Los Angeles, some property owners have dug in for a fight.


The big landlords fear that the Metropolitan Transportation Authority's plans to build a massive trench on Flower Street will disrupt their businesses for years, costing millions of dollars in lost revenue.


The four-story-deep canyon planned by the MTA would travel through more than two busy city blocks of the financial district, which includes popular destinations such as the Westin Bonaventure Hotel, the Central Library and the City National Plaza office and retail complex.





Predictably, this clash of potent forces — transportation and real estate — has spawned lawsuits that threaten to delay the project and potentially add millions to the cost.


Influential landowners said they want the city to do more of the work underground to connect separate subway lines into one seamless system. The MTA said it was technologically impossible because of some unusual construction barriers.


What's clear is that the subway has put some of the city's most civic-minded property owners, who helped spawn downtown's renaissance, in the awkward position of opposing a highly popular project that they, in fact, want.


"The connector is very important for the community, and so is the existence of businesses located along the connector route," said Gary L. Toebben, president of the Los Angeles Area Chamber of Commerce. "We were very hopeful there could be a win-win solution. It doesn't look like they have gotten to that point."


The $1.4-billion Regional Connector subway is a top MTA priority because it would eliminate a major bottleneck in the system caused by a lack of interconnections between rail lines. Upon completion in 2019, riders would be able to travel from Azusa to Long Beach or from East Los Angeles to Santa Monica without changing trains twice, as the current system requires.


It also would help speed workers and visitors to the financial district, a major benefit for landlords and tenants.


"We agree the connector will facilitate ridership on the transit system," said Paul S. Rutter, co-chief operating officer of Thomas Properties Group. "We are not objecting to the line or its route."


The problem, as far as property owners are concerned, is how construction would be carried out.


Most of the 1.9-mile subway from Little Tokyo to the 7th Street/Metro Center station would be built underground with tunnel-boring machines.


But the MTA plans to finish the line's last section— 4th Street to south of 6th Street — with "cut and cover" construction.


That means digging a deep, wide trench on Flower Street, laying train tracks and then refilling the trench on top of the new subway tunnel. During most of the construction, the street would be accessible to traffic because of metal plates placed over the hole.


Thomas Properties, the owner of City National Plaza, one of Southern California's largest office complexes, is a leading voice of opposition. The company would like to see tunneling continue south on Flower Street two more blocks to 6th Street.


"We're concerned that the MTA is not taking into account adequately the stakeholders on Flower Street," Rutter said.


The MTA has proposed stopping the tunneling at 4th Street. The transit agency has said a longer tunnel would be too costly and isn't feasible because of underground obstacles left by builders of past projects.


During construction of the Bonaventure, City National Plaza and other skyscrapers in the 1960s and 1970s, builders drove hundreds of steel cables, called tiebacks, deep into the ground to support the underground garage walls made during excavation.


Those cables are no longer structural supports for the buildings, but they are still under the surface and would tangle the maws of digging machines, according to the MTA.


"It's not possible to tunnel through the tiebacks," said Diego Cardoso, an MTA executive officer. "A review by tunnel experts concurs with us."





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The last call for a skid row era at King Eddy Saloon









Wire-thin and slumped like a question mark, James Maley nurses a watered-down whiskey at the battered bar inside the King Eddy Saloon. Around him a boisterous crowd presses in. Maley taps a cracked fingernail nervously on his glass and stares warily at the newcomers.


They've come to see novelist John Fante's son, Dan Fante, read at the bar that inspired his father's 1939 classic "Ask the Dust." They're also here to experience skid row's last dive bar before it shuts down for renovations on Sunday.


"If this happened every day, I would never show up," says Maley, who lives in transitional housing a few blocks away.








Other time-worn regulars, many with leathery skin, bad teeth and watchful eyes, nod in agreement. The bar provides home and family for those who have neither. They come for community and to spend what little money they have on plastic pitchers of beer and $2.50 gin and tonics.


PHOTOS: Last Call at King Eddy Saloon


When the Fante reading ends, the interlopers quickly disperse.


"There go the slummers," says John Tottenham, a poet who has been coming to the King Eddy since the 1980s.


Chances are the crowds will be back when the bar reopens under new management. The owners plan to use old photos to restore the bar's Midcentury look. They hope to renovate the abandoned speak-easy in the basement and open the bar's windows that are covered by stucco, letting natural light into the place for the first time in decades.


They haven't finalized their plans, but one thing is for sure. Drinks won't come cheap at the new King Eddy.


The bar is located on the corner of 5th and Los Angeles streets in the King Edward Hotel, which was built in 1906 and was a tony destination for visitors to what was once a thriving commercial district. The hotel now provides low-income housing for many of King Eddy's regulars.


The pre-Prohibition era King Eddy is painted black. With neon beer signs providing most of its light, the room is dim and gloomy. Its black-and-white checkered floor is grimy. Plastic beer flags hang from the ceiling and the place smells of stale smoke and disinfectant.


The bar itself, shaped in a square, commands the center of the room, with cracked vinyl banquettes lining the perimeter. A glassed-in smoking space is set off to the side. Behind the bar is a tiny fluorescent-lighted kitchen where prepackaged burgers, pizza and sandwiches are heated in a microwave. A beer and burrito would set a person back only $4.


Next week, Maley and the other dislodged drinkers will have to find another bar, but they face a new downtown landscape of high-end mixology bars, restaurants and Brazilian waxing salons.


"I haven't the faintest idea where they'll go," says bar manager Bill Roller, 75, who has worked at the King Eddy for more than 30 years.


King Eddy opened in 1933 and has one of the oldest liquor licenses in the city. It was favored not only by Fante, but also by writers such as Charles Bukowski and James M. Cain for its lack of pretension and colorful clientele.


PHOTOS: Last Call at King Eddy Saloon


"The King Eddy Saloon is the last stand in a world that's completely lost to us — and that's skid row in the 1950s sense, a place where itinerant and semi-skilled laborers could find work seasonally," says downtown historian Richard Schave, who founded the Los Angeles Visionaries Assn., which staged the Fante event.


The bar has been owned by the same family for three generations. Dustin Croick took over in 2008 after his father, Rob, was badly injured in a car accident on his way home from the bar one night. Rob Croick, who has since died, managed the King Eddy for his father, Babe, who bought the bar in the 1960s with money he earned running downtown parking lots.


"This place has been a dive bar since I've been coming here as a kid with my dad, ordering milk and sitting on that stool," says Dustin Croick, 27.


In recent years, Croick has been trying to attract a more mainstream clientele. He started a website that played up the bar's hard-luck roots and featured a catchphrase he coined: "Where nobody gives a … about your name." He tried to lure the producers of the television show "Bar Rescue" to shoot a segment there, but the building's previous owners would not allow the filming.





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Home invasion victim gets help over Xbox headset






NORTH APOLLO, Pa. (AP) — Police say a Pennsylvania man used his Xbox headphones to call for help after being bound with duct tape and menaced with a gun during a home invasion.


Investigators say the 22-year-old suburban Pittsburgh man was playing video games in an upstairs bedroom when he heard his front door open. The man initially thought it was a family member but saw an armed man wearing a ski mask when he looked downstairs.






Authorities say the intruder bound Derick Shaffer and led him around the North Apollo home to locate valuables, then fled in Shaffer’s car. Shaffer reached a friend over his Xbox Live headset and had him call police.


The missing car was located about an hour later. Police questioned three people but are still trying to identify a suspect.


Gaming News Headlines – Yahoo! News


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From 'Sherlock' to 'Star Trek' for Cumberbatch


LONDON (AP) — Benedict Cumberbatch has had a busy 24 hours.


The British actor was nominated for a Golden Globe, chased by the paparazzi in London and unveiled the first nine minutes of the new "Star Trek" movie Friday.


At a special IMAX presentation of the footage in London, Cumberbatch's menacing character John Harrison was introduced at the beginning of the much-anticipated "Star Trek Into Darkness."


The sequel kicks off at a fast pace, with Captain Kirk's trademark quips, a volcano erupting and Spock in grave danger during a mission to save a planet.


Cumberbatch was not allowed to reveal much about the plot, but the 36-year-old did admit that he auditioned for the role of Harrison — who he describes as "a phenomenal one-man weapon of mass destruction" — on an iPhone in his friend's kitchen.


Fans wanting to see the footage can catch it in front of selected IMAX 3D screenings worldwide of "The Hobbit," beginning Friday.


"Star Trek Into Darkness," directed by J.J. Abrams, opens next May.


___


The Associated Press spoke to the "Sherlock" star Friday after the presentation.


AP: "How did it feel coming here and seeing your face so big on that screen?"


BENEDICT CUMBERBATCH: "I always get incredibly nervous, especially on an empty stomach having only had a macchiato. It makes your heart beat a lot faster and I don't like it. I look away when it's me, I don't like being my own audience. It's very weird. ... You probably saw my nostril hairs, counted how many pores I've got on my nose and which one of my teeth is wonky. "


AP: "It's obviously in the great tradition of having an English baddie."


CUMBERBATCH: "I'm following in the very hallowed footsteps of (Jeremy) Irons, (Alan) Rickman and Tom Hiddleston, my great friend in this summer's "Avengers." There are a few of us who have done it before, it stretches back as old as time. They get excited about these actors with theatre training who can do stuff. It's hugely flattering but you're not going to see me do a whole raft of villains after this."


AP: "Congratulations on the Golden Globe nomination (best actor in a miniseries for "Sherlock"). Did you celebrate?"


CUMBERBATCH: "I went out with my niece, who is my PA (personal assistant) Emily, and we got papped (followed by paparazzi) to the point that I couldn't actually see and I had to put my head down and just blink a couple of times. I was trying to get in the car with her and so immediately they presume, 'ah, beautiful blonde.' Poor girl, she's never experienced that before — I've never experienced that — like 15 of them hanging off the bonnet of the car."


AP: "Surely it's only going to get worse after this "Star Trek" film?"


CUMBERBATCH: "I hope not. I don't court it. I think you have to be in certain places at certain times. Of course, promoting a film you're out in the public and I'm proud to do that for the work I've done. But I'm quite a private person at heart."


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Life Expectancy Rises Around World, Study Finds





A sharp decline in deaths from malnutrition and infectious diseases like measles and tuberculosis has caused a shift in global mortality patterns over the past 20 years, according to a report published on Thursday, with far more of the world’s population now living into old age and dying from diseases mostly associated with rich countries, like cancer and heart disease.







Tony Karumba/Agence France-Presse — Getty Images

Children in Nairobi, Kenya. Sub-Saharan Africa lagged in mortality gains, compared with Latin America, Asia and North Africa.






The shift reflects improvements in sanitation, medical services and access to food throughout the developing world, as well as the success of broad public health efforts like vaccine programs. The results are striking: infant mortality declined by more than half from 1990 to 2010, and malnutrition, the No. 1 risk factor for death and years of life lost in 1990, has fallen to No. 8.


At the same time, chronic diseases like cancer now account for about two out of every three deaths worldwide, up from just over half in 1990. Eight million people died of cancer in 2010, 38 percent more than in 1990. Diabetes claimed 1.3 million lives in 2010, double the number in 1990.


“The growth of these rich-country diseases, like heart disease, stroke, cancer and diabetes, is in a strange way good news,” said Ezekiel Emanuel, chairman of the department of medical ethics and health policy at the University of Pennsylvania. “It shows that many parts of the globe have largely overcome infectious and communicable diseases as a pervasive threat, and that people on average are living longer.”


In 2010, 43 percent of deaths in the world occurred at age 70 and older, compared with 33 percent of deaths in 1990, the report said. And fewer child deaths have brought up the mean age of death, which in Brazil and Paraguay jumped to 63 in 2010, up from 30 in 1970, the report said. The measure, an average of all deaths in a given year, is different from life expectancy, and is lower when large numbers of children die.


But while developing countries made big strides the United States stagnated. American women registered the smallest gains in life expectancy of all high-income countries’ female populations between 1990 and 2010. American women gained just under two years of life, compared with women in Cyprus, who lived 2.3 years longer and Canadian women who gained 2.4 years. The slow increase caused American women to fall to 36th place in the report’s global ranking of life expectancy, down from 22nd in 1990. Life expectancy for American women was 80.5 in 2010, up from 78.6 in 1990.


“It’s alarming just how little progress there has been for women in the United States,” said Christopher Murray, director of the Institute for Health Metrics and Evaluation, a health research organization financed by the Bill and Melinda Gates Foundation at the University of Washington that coordinated the report. Rising rates of obesity among American women and the legacy of smoking, a habit women formed later than men, are among the factors contributing to the stagnation, he said. American men gained in life expectancy, to 75.9 years from 71.7 in 1990.


Health experts from more than 300 institutions contributed to the report, which provided estimates of disease and mortality for populations in more than 180 countries. It was published in The Lancet, a British medical journal.


The World Health Organization issued a statement on Thursday saying that some of the estimates in the report differed substantially from those done by United Nations agencies, though others were similar. All comprehensive estimates of global mortality rely heavily on statistical modeling because only 34 countries — representing about 15 percent of the world’s population — produce quality cause-of-death data.


Sub-Saharan Africa was an exception to the trend. Infectious diseases, childhood illnesses and maternity-related causes of death still account for about 70 percent of the region’s disease burden, a measure of years of life lost due to premature death and to time lived in less than full health. In contrast, they account for just one-third in South Asia, and less than a fifth in all other regions. Sub-Saharan Africa also lagged in mortality gains, with the average age of death rising by fewer than 10 years from 1970 to 2010, compared with a more than 25-year increase in Latin America, Asia and North Africa.


Globally, AIDS was an exception to the shift of deaths from infectious to noncommunicable diseases. The epidemic is believed to have peaked, but still results in 1.5 million deaths each year.


Over all, the change means people are living longer, but it also raises troubling questions. Behavior affects people’s risks of developing cancer, heart disease and diabetes, and public health experts say it is far harder to get people to change their ways than to administer a vaccine that protects children from an infectious disease like measles.


“Adult mortality is a much harder task for the public health systems in the world,” said Colin Mathers, a senior scientist at the World Health Organization.


Tobacco use is a rising threat, especially in developing countries, and is responsible for almost six million deaths a year globally. Illnesses like diabetes are also spreading fast.


Donald G. McNeil Jr. contributed reporting.



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Best Buy extends deadline for founder to make takeover offer









Struggling Best Buy Co. has agreed to give founder and former chairman Richard Schulze more time to make a takeover bid for the electronics chain.


The agreement allows Schulze, the company's biggest shareholder, to wait until the end of the holiday season and fiscal year before making an offer.


In a statement, Best Buy said the extension "is in the best interests of shareholders" and will give Schulze and potential partners more time for due diligence on the company.





Shares of the company, which rose Thursday on news of an imminent buyout offer, fell $2.08, or 14.7%, to $12.04 in mid-session trading Friday.

Under the new terms, Schulze can make a proposal anytime in February, extending his previous deadline of mid-December. Then the board of directors will have 30 days to consider the offer.


In August, Schulze had offered to take the company private for $24 to $26 a share, a deal that could have been worth as much as $8.84 billion. Best Buy eventually agreed to open its books so Schulze could dig deeply into its finances before making another offer.


Complicating any potential deal is the relationship between Schulze and Best Buy's board, which Schulze led as chairman until a scandal involving its then-chief executive forced him to step down in June.


In April, Brian Dunn, then Best Buy's chief executive, resigned amid allegations that he engaged in an inappropriate relationship with a female employee. The board then voted to oust Schulze after an internal investigation revealed that he had known of Dunn's indiscretions months earlier and failed to take action.


Schulze remains the company's largest stakeholder with 20% of its shares.


Even if the 71-year-old Schulze succeeds in taking Best Buy private, he'll be taking over a company and a competitive landscape that looks nothing like they did when he founded the chain in 1966.


The company, based near Minneapolis, is the biggest survivor of the consumer electronics shakeout that saw the demise of Circuit City and a host of regional competitors. But the slowing market for DVDs and CDs and competition from online rivals have dimmed its prospects.


Despite its turnaround efforts, industry watchers speculate that Best Buy may eventually go the way of Circuit City, the former rival that closed its last store in 2009.


ALSO:


Best Buy chairman, founder Richard Schulze resigns early


Best Buy founder Richard Schulze offers to buy struggling retailer


Best Buy founder Richard Schulze's shadow hangs over annual meeting


Follow Shan Li on Twitter @ShanLi





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Fed to tie interest rate to job gains









WASHINGTON — The Federal Reserve said it will continue aggressive measures to stimulate the economy and made a major policy shift to focus more directly on boosting the job market.


Fed policymakers said they would keep interest rates at historically low levels until unemployment drops below 6.5%.


It's likely to keep the Fed's short-term interest rates at historically low levels well into 2015.





The move marked the first time that Fed policymakers have tied themselves to an explicit unemployment goal. It appeared to end the long-running debate within the central bank over how aggressively to target the nation's lagging job market.


The jobless figure was 7.7% in November, and the Fed's new forecast doesn't see that dropping below 6.5% for about three years.


The decision was made easier by the slow pace of inflation, which remains below 2% on an annual basis. Critics of the Fed's policies have argued that efforts to stimulate the economy would lead to inflation, but so far, that has not happened, and Fed Chairman Ben S. Bernanke has argued that the risk is much smaller than the dangers posed by high unemployment.


"The conditions now prevailing in the job market represent an enormous waste of human and economic potential," Bernanke said Wednesday during a news conference after the central bank's last policy meeting of the year.


Under its new policy, the Fed would let its inflation outlook rise to 2.5% before taking action to curtail it — giving the nation's employers more time to create jobs.


The move to link interest rate policies directly to the jobless rate is meant to give the public and businesses greater confidence about how long interest rates will remain exceptionally low, and that by itself could act as a kind of stimulus to the economy.


The new push got a warm welcome from both economists and Wall Street.


Economist Bernard Baumohl at the Economic Outlook Group said the previous time frame for action was "self-defeating because it provided no incentive for employers to start spending any time soon to avoid higher interest rates. It just didn't create any sense of urgency to accelerate investments or increase the rate of hiring."


The Fed has kept its federal funds rate, which influences rates for credit cards, mortgages and business and other loans, near zero since December 2008. Unemployment has been near 8% or above since early 2009.


Bernanke and his colleagues also decided Wednesday to continue the controversial large-scale bond-buying programs in the new year. Specifically, the Fed will buy $40 billion of mortgage-backed securities and $45 billion of long-term Treasury bonds a month.


The purchases are intended to drive down long-term interest rates to spur spending, investment and lending, boosting economic activity as well as hiring.


The central bank launched the purchase of mortgage-backed securities in September to give a lift especially to the housing market, which Fed policymakers said Wednesday "has shown further signs of improvement." They said they would continue to buy bonds until the job market "improved substantially."


The Fed, which has a dual mandate to maximize employment and keep inflation in check, also forecast a somewhat stronger growth for next year.


Its policy statement Wednesday noted a slowing in U.S. business investment and "significant downside risks" in the global economy, but made no mention of the so-called fiscal cliff, the automatic federal budget cuts and tax hikes scheduled to take effect beginning Jan. 1.


In a 75-minute news conference, however, Bernanke said it was clearly evident that concerns about the fiscal impasse already had hurt the economy, weakening business investments and consumer confidence.


He said that whatever the Fed did, it was not enough to offset the full effects of a U.S. economy failing to resolve fiscal issues. But he was cautiously optimistic: "I actually believe that Congress will come up with a solution, and I certainly hope they will."


For years, the Fed didn't give any indication of its future interest-rate path and only in recent years signaled what it might do by using somewhat vague language. In June 2011, the Fed said that it would keep rates exceptionally low for an "extended period." In August 2011, policymakers said no change was likely until at least mid-2013. And that date has since been extended twice, to late 2014 and then mid-2015.





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Lidl Christmas dinner offer goes viral on Twitter






BRUSSELS (Reuters) – Discount retailer Lidl faces a 200,000-euro ($ 260,000) Christmas dinner bill after an offer of chicken vol-au-vents and ice cream cake for the poor went viral.


The supermarket launched a Twitter campaign in Belgium on Monday, saying it would hand out five four-course Christmas dinners to food banks for each tweet on a hash tag.






Lidl had expected to hand out about 1,000 of the 20-euro dinner packs, consisting of tomato soup, vol-au-vents with chips, an ice-cream cake and chocolates, a spokesman for the German-based company’s Belgium unit said on Wednesday.


But local newspapers wrote about the offer and people retweeted using the hash tag – #luxevooriedereen, Dutch for “luxury for everyone”.


By the end of the 24-hour campaign, 1,500 people had tweeted, meaning Lidl has to deliver 7,500 dinners. That sparked reports the supermarket had been caught out by its campaign.


To quash such talk, Lidl rounded up the number of dinners to 10,000, and branded the campaign a success.


Lidl said it had not yet decided whether to repeat the exercise next year.


“We’ve learnt quite a few lessons over the past 48 hours, to say the least,” the spokesman said.


($ 1 = 0.7693 euros)


(Reporting By Ben Deighton. Editing By Sebastian Moffett.)


Social Media News Headlines – Yahoo! News


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'Lincoln' leads Golden Globes with 7 nominations


BEVERLY HILLS, Calif. (AP) — Steven Spielberg's Civil War epic "Lincoln" led the Golden Globes on Thursday with seven nominations, among them best drama, best director for Spielberg and acting honors for Daniel Day-Lewis, Sally Field and Tommy Lee Jones.


Tied for second-place with five nominations each, including best drama are Ben Affleck's Iran hostage-crisis thriller "Argo" and Quentin Tarantino's slave-turned-bounty-hunter tale "Django Unchained."


Other best-drama nominees put forward by The Hollywood Foreign Press Association are Ang Lee's shipwreck story "Life of Pi" and Kathryn Bigelow's Osama bin Laden manhunt thriller "Zero Dark Thirty."


Nominated for best musical or comedy were: the British retiree adventure "The Best Exotic Marigold Hotel"; the Victor Hugo musical "Les Miserables"; the first-love tale "Moonrise Kingdom"; the fishing romance "Salmon Fishing in the Yemen"; and the lost-soul romance "Silver Linings Playbook."


Globe attention can give contenders a boost for Hollywood's top honors, the Academy Awards, whose nominations come out Jan. 10, three days before the Globe ceremony.


The directing lineup came entirely from dramatic films, with Affleck, Bigelow, Lee, Spielberg and Tarantino all in the running.


"It's very gratifying to get this many nominations from the HFPA for a film I worked so hard on and am so passionate about. I look forward to having fun at the Golden Globes with my cast mates and fellow nominees," Tarantino said in a statement.


Filmmakers behind best musical or comedy nominees were shut out for director, including Tom Hooper for "Les Miserables" and David O. Russell for "Silver Linings Playbook."


Along with Day-Lewis as Abraham Lincoln in Spielberg's epic, best dramatic actor contenders are Richard Gere as a deceitful Wall Streeter in "Arbitrage"; John Hawkes as a polio victim trying to lose his virginity in "The Sessions"; Joaquin Phoenix as a Navy veteran under the sway of a cult leader in "The Master"; and Denzel Washington as a boozy airline pilot in "Flight."


Dramatic-actress nominees are Jessica Chastain as a CIA analyst hunting Osama bin Laden in "Zero Dark Thirty"; Marion Cotillard as a whale biologist beset by tragedy in "Rust and Bone"; Helen Mirren as Alfred Hitchcock's strong-minded wife in "Hitchcock"; Naomi Watts as a woman caught up in a devastating tsunami in "The Impossible"; and Rachel Weisz as a woman ruined by an affair in "The Deep Blue Sea."


For musical or comedy actress, the lineup is Emily Blunt as a consultant for a Mideast sheik in "Salmon Fishing in the Yemen"; Judi Dench as a widow who retires overseas in "The Best Exotic Marigold Hotel"; Jennifer Lawrence as a young widow in a new romance in "Silver Linings Playbook"; Maggie Smith as an aging singer in a retirement home in "Quartet"; and Meryl Streep as a wife trying to save her marriage in "Hope Springs."


Nominees for musical or comedy actor are Jack Black as a solicitous mortician in "Bernie"; Bradley Cooper as a troubled man fresh out of a mental hospital in "Silver Linings Playbook"; Hugh Jackman as Hugo's long-suffering hero Jean Valjean in "Les Miserables"; Ewan McGregor as a British fisheries expert in "Salmon Fishing in the Yemen"; and Bill Murray as Franklin Roosevelt in "Hyde Park on Hudson."


Cooper said he watched the telecast from his mother's bedroom in Los Angeles and both were thrilled when co-presenter Megan Fox called his name.


"It's funny, you're listening, you're watching their mouths move, you know, and trying to see if they're going to form your word, the word of your name. It's actually kind of pathetic. So when Megan Fox actually said Bradley Cooper, I thought, 'Oh wow!'"


Competing for supporting actor are Alan Arkin as a Hollywood producer helping a CIA operation in "Argo"; Leonardo DiCaprio as a cruel slave owner in "Django Unchained"; Philip Seymour Hoffman as a mesmerizing cult leader in "The Master"; Tommy Lee Jones as firebrand abolitionist Thaddeus Stevens in "Lincoln"; and Christoph Waltz as a genteel bounty hunter in "Django Unchained."


The supporting-actress picks are Amy Adams as a cult leader's devoted wife in "The Master"; Sally Field as Mary Todd Lincoln in "Lincoln"; Anne Hathaway as a mother fallen into prostitution in "Les Miserables"; Helen Hunt as a sexual surrogate in "The Sessions"; and Nicole Kidman as a trashy mistress of a Death Row inmate in "The Paperboy."


Field said the story of Lincoln connected with moviegoers on a personal level. "It really reflects about a family, a family who's in the heart of it, who faces such hardship. And families are facing terrible hardships all over the world, and then this one man who rises above it and keeps his eye on the prize and really the cost that that he paid."


Kidman was a dual nominee, also in the running as best actress in a TV movie or miniseries for "Hemingway & Gellhorn."


"As an actor you look for roles that are rich, complicated, and that stretch you and this year I was blessed to find two," Kidman said in a statement. "To have the chance to play them was a gift in itself and to then be acknowledged this way is icing on the cake."


"Quartet" star Smith also had a second nomination, for supporting actress in a TV series, miniseries or movie for "Downton Abbey."


Snubbed completely was the low-budget critical darling "Beasts of the Southern Wild," which won top honors at last January's Sundance Film Festival. Also shut out was the stripper hit "Magic Mike," which had good buzz for supporting player Matthew McConaughey, who also earned acclaim for roles in "Bernie" and "Killer Joe." Another film to not notch a single nomination was "The Hobbit," a prelude to the "The Lord of the Rings" films, which all got Globe nods.


With three nominations, "Salmon Fishing in the Yemen" was a surprise inclusion Thursday, since the film had virtually no awards buzz behind it.


There will be some friendly rivalry among the hosts at the Globe ceremony, Tina Fey and Amy Poehler. Both were nominated for best actress in a TV comedy, Fey for "30 Rock" and Poehler for "Parks and Recreation."


Fey and Poehler follow Ricky Gervais, who was host the last three years and rubbed some Hollywood egos the wrong way with sharp wisecracks about A-list stars and the foreign press association itself.


The Sarah Palin drama "Game Change" leads TV contenders with five nominations: including best movie or miniseries and acting honors for Julianne Moore, Woody Harrelson, Ed Harris and Sarah Paulson.


Best TV comedy series nominees are "The Big Bang Theory," ''Episodes," ''Girls," ''Modern Family" and "Smash." TV drama picks are "Breaking Bad," ''Boardwalk Empire," ''Downton Abbey: Season 2," ''Homeland" and "The Newsroom."


Hayden Panettiere was in Nashville, Tenn., when she got word that she'd been nominated as best supporting actress in a TV series for "Nashville."


"I had my phone on my chest sleeping because they told me to be around just in case, but I never expected to get this call," she said. "It took me a second and then it hit me and I just started welling up. I got pretty emotional."


Globe acting winners often go on to receive the same prizes at the Oscars. All four Oscar winners last season — lead performers Meryl Streep of "The Iron Lady" and Jean Dujardin of "The Artist," and supporting players Octavia Spencer of "The Help" and Christopher Plummer of "Beginners" — won Globes first.


The Globes have a spotty record predicting which films might go on to earn the best-picture prize at the Academy Awards, however.


Last year's Oscar best-picture winner, "The Artist," preceded that honor with a Globe win for best musical or comedy. But in the seven years before that, only one winner in the Globes' two best-picture categories — 2008's "Slumdog Millionaire" — followed up with an Oscar best-picture win.


Along with 14 film prizes, the Globes hand out awards in 11 television categories.


Jodie Foster, a two-time Oscar and Globe winner for "The Accused" and "The Silence of the Lambs," will receive the group's Cecil B. DeMille Award for lifetime achievement.


With stars sharing drinks and dinner, the Globes have a reputation as one of Hollywood's loose and unpredictable awards gatherings. Winners occasionally have been off in the restroom when their names were announced, and there have been moments of onstage spontaneity such as Jack Nicholson mooning the crowd or Ving Rhames handing over his trophy to fellow nominee Jack Lemmon.


___


AP Entertainment Writer Sandy Cohen contributed to this report.


___


Online:


http://www.goldenglobes.org


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Another Look at a Drink Ingredient, Brominated Vegetable Oil


James Edward Bates for The New York Times


Sarah Kavanagh, 15, of Hattiesburg, Miss., started an online petition asking PepsiCo to change Gatorade’s formula.







Sarah Kavanagh and her little brother were looking forward to the bottles of Gatorade they had put in the refrigerator after playing outdoors one hot, humid afternoon last month in Hattiesburg, Miss.




But before she took a sip, Sarah, a dedicated vegetarian, did what she often does and checked the label to make sure no animal products were in the drink. One ingredient, brominated vegetable oil, caught her eye.


“I knew it probably wasn’t from an animal because it had vegetable in the name, but I still wanted to know what it was, so I Googled it,” Ms. Kavanagh said. “A page popped up with a long list of possible side effects, including neurological disorders and altered thyroid hormones. I didn’t expect that.”


She threw the product away and started a petition on Change.org, a nonprofit Web site, that has almost 200,000 signatures. Ms. Kavanagh, 15, hopes her campaign will persuade PepsiCo, Gatorade’s maker, to consider changing the drink’s formulation.


Jeff Dahncke, a spokesman for PepsiCo, noted that brominated vegetable oil had been deemed safe for consumption by federal regulators. “As standard practice, we constantly evaluate our formulas and ingredients to ensure they comply with federal regulations and meet the high quality standards our consumers and athletes expect — from functionality to great taste,” he said in an e-mail.


In fact, about 10 percent of drinks sold in the United States contain brominated vegetable oil, including Mountain Dew, also made by PepsiCo; Powerade, Fanta Orange and Fresca from Coca-Cola; and Squirt and Sunkist Peach Soda, made by the Dr Pepper Snapple Group.


The ingredient is added often to citrus drinks to help keep the fruit flavoring evenly distributed; without it, the flavoring would separate.


Use of the substance in the United States has been debated for more than three decades, so Ms. Kavanagh’s campaign most likely is quixotic. But the European Union has long banned the substance from foods, requiring use of other ingredients. Japan recently moved to do the same.


“B.V.O. is banned other places in the world, so these companies already have a replacement for it,” Ms. Kavanagh said. “I don’t see why they don’t just make the switch.” To that, companies say the switch would be too costly.


The renewed debate, which has brought attention to the arcane world of additive regulation, comes as consumers show increasing interest in food ingredients and have new tools to learn about them. Walmart’s app, for instance, allows access to lists of ingredients in foods in its stores.


Brominated vegetable oil contains bromine, the element found in brominated flame retardants, used in things like upholstered furniture and children’s products. Research has found brominate flame retardants building up in the body and breast milk, and animal and some human studies have linked them to neurological impairment, reduced fertility, changes in thyroid hormones and puberty at an earlier age.


Limited studies of the effects of brominated vegetable oil in animals and in humans found buildups of bromine in fatty tissues. Rats that ingested large quantities of the substance in their diets developed heart lesions.


Its use in foods dates to the 1930s, well before Congress amended the Food, Drug and Cosmetic Act to add regulation of new food additives to the responsibilities of the Food and Drug Administration. But Congress exempted two groups of additives, those already sanctioned by the F.D.A. or the Department of Agriculture, or those experts deemed “generally recognized as safe.”


The second exemption created what Tom Neltner, director of the Pew Charitable Trusts’ food additives project, a three-year investigation into how food additives are regulated, calls “the loophole that swallowed the law.” A company can create a new additive, publish safety data about it on its Web site and pay a law firm or consulting firm to vet it to establish it as “generally recognized as safe” — without ever notifying the F.D.A., Mr. Neltner said.


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Mortgage rates dip slightly, back to near record, Freddie Mac says













Mortgage rates


Freddie Mac's McLean, Va., headquarters. The big mortgage buyer says home loan rates eased this week, with the 30-year fixed mortgage at an average of 3.32%
(Freddie Mac / December 13, 2012)































































Fixed mortgage rates eased slightly this week, with lenders offering 30-year loans to solid borrowers at an average interest rate of 3.32%, down from 3.34% last week and near the record low, according to the latest Freddie Mac survey.


The big buyer and guarantor of mortgages said in the survey, released Thursday, that the average rate for a 15-year fixed mortgage edged down to 2.66% from 2.67%. The shorter-term fixed loans have proved popular this year with homeowners refinancing to retire mortgages faster.


Freddie Mac surveys lenders across the country Monday through early Wednesday each week to compile its averages. The 30-year rate set an all-time low of 3.31% in the Nov. 21 report.





The rates are for borrowers with good credit and 20% down payments who would pay minimal fees and discount points to lenders -- an average of 0.7% of the 30-year loan balance in the latest survey. Third-party costs often paid by borrowers, such as for title insurance and appraisals, are not included.


To stimulate the economy, the Federal Reserve has been buying tens of billions of dollars in government securities and mortgage bonds each month, purchases designed to keep long-term interest rates low.  The Fed said Wednesday that it would continue this practice until the nation’s unemployment rate drops below 6.5%, which it expects to occur in 2015.    


US 30 Year Mortgage Rate Chart

US 30 Year Mortgage Rate data by YCharts


ALSO:


Demand for bonds seen increasing


Bernanke: high unemployment an "enormous waste"


Southern California posts most November home sales since 2006







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States pressed to guarantee Medicaid expansion









WASHINGTON — The Obama administration stepped up pressure on states Monday to guarantee insurance for all their low-income residents in 2014 under the new healthcare law, warning governors that the federal government would not pick up the total cost of partially expanding coverage.


"We continue to encourage all states to fully expand their Medicaid programs and take advantage of the generous federal matching funds to cover more of their residents," Health and Human Services Secretary Kathleen Sebelius wrote in a letter to governors.


But Sebelius indicated that governors who do not open their Medicaid programs to all eligible low-income residents would forfeit some of the federal aid promised by the Affordable Care Act.





"The law does not provide for a phased-in or partial expansion," the Department of Health and Human Services said in guidance accompanying Sebelius' letter.


Medicaid has become a major issue in the implementation of the law since the U.S. Supreme Court ruled in June that states can decide whether to expand their Medicaid programs in 2014.


The law originally required the states to open Medicaid to all Americans who earn less than 138% of the federal poverty level, a major change for a program that now largely covers poor children and mothers.


To ease the expansion, the law initially provides full federal funding to cover the new population. Currently, Medicaid costs are split between state and federal governments.


Nonetheless, several Republican governors have said they won't expand Medicaid, citing cost concerns. That prompted speculation that some states might partially expand Medicaid programs. But Obama administration officials said Monday the law did not authorize full federal funding for a more limited expansion.


A state that opens Medicaid to only some new low-income residents would qualify for reduced federal aid, requiring the state to come up with the remainder of the funding.


How the guidance will affect state decisions remains unclear.


Alan Weil, president of the National Academy for State Health Policy, said state leaders probably would not make final decisions until they worked out 2014 budgets next year. "A lot of what we have seen so far is posturing," he said.


But the administration's announcement drew quick criticism from the Republican Governors Assn.


"The Obama administration's refusal to grant states more flexibility on Medicaid is as disheartening as it is short-sighted," said Louisiana Gov. Bobby Jindal, the group's chairman. Jindal has said he will not expand Medicaid in his state.


In contrast, the administration's move was applauded by the National Assn. of Public Hospitals and Health Systems, whose members care for millions of the nation's uninsured, often without compensation. Dr. Bruce Siegel, the association president, said it "takes an important step toward significantly reducing the ranks of the uninsured."


The Obama administration is facing additional resistance from several Republican governors who have said they won't set up insurance exchanges — a cornerstone of the law that will allow Americans who don't get health benefits at work to shop for insurance plans that meet new minimum standards. The federal government can set up exchanges for states that refuse to do so.


Also Monday, Colorado, Connecticut, Massachusetts, Maryland, Oregon and Washington got conditional federal approval to operate their own exchanges. The six were the first to apply, and administration officials said approval for other states, including California, would probably follow.


noam.levey@latimes.com





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WebMD to cut 14 percent of workforce to reduce expenses






(Reuters) – Health information website WebMD Health Corp said it will cut around 250 jobs, or 14 percent of its workforce, to reduce costs.


The company, which had about 1700 employees according to Thomson Reuters data, said it would take a charge of about $ 6 million to $ 8 million in the fourth quarter, primarily on severance and other restructuring-related costs.






WebMD, which is a popular and long-trusted destination for checking health and disease related information, has lost its sheen for investors in recent times as it struggled to convert its growing user base into a steady revenue stream.


The company named a former Pfizer Inc executive Cavan Redmond as CEO earlier this year, entrusting the industry veteran with the task of reviving the website’s flagging business.


Its previous CEO, Wayne Gattinella, resigned after the company took itself off the auction block in January.


WebMD also said on Tuesday that it plans to streamline its operations and focus resources on increasing user engagement, customer satisfaction and innovation, and expects these efforts to reduce annualized operating expenses by about $ 45 million.


While most of the job cuts will be effective at the end of the year, other cost saving actions will be implemented in the first quarter of 2013, the company said in a statement.


The company reported a third-quarter loss in November, compared with a profit in the year-ago quarter, and said revenue fell 13 percent.


WebMD’s shares, which have lost nearly 40 percent of their value over the past six months, were down about 2 percent in premarket trade. They closed at $ 13.85 on Monday on the Nasdaq.


(Reporting by Esha Dey in Bangalore; Editing by Roshni Menon)


Internet News Headlines – Yahoo! News


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Cast revealed for 'Pump Boys and Dinettes' revival


NEW YORK (AP) — The Broadway revival of the honkey-tonk musical revue "Pump Boys and Dinettes" will have a former Idol in the cast.


Producers on Tuesday revealed the stars of the show set in a highway diner in North Carolina and "American Idol" runner-up Bo Bice will be among them.


Since losing the title to Carrie Underwood in 2005, Bice, 37, released the single "Inside Your Heaven," which went to No. 1 in 2005, followed by his debut CD, "The Real Thing." Two other albums followed: "See the Light" in 2007 and "''Bo Bice 3" in 2010.


The rest of the cast includes Alexander Gemignani ("The People in the Picture"), Erik Hayden ("Million Dollar Quartet"), Justin Hosek (a member of the country band The Ranchhands), Jane Pfitsch ("Company") and Leenya Rideout ("War Horse"). All the actors will also play musical instruments onstage.


The play tells the story of two waitresses at the Double Cupp Diner on Highway 57 in North Carolina and the four men who work at a gas station next door. The songs include "Be Good or Be Gone" and "Tips."


The play was written by John Foley, Mark Hardwick, Debra Monk, Cass Morgan, John Schimmel and Jim Wann, all of whom also starred in the original 1981 off-Broadway production. It hit Broadway in 1982 and ran for 573 performances.


The revival will begin March 19 at Circle in the Square Theatre. John Doyle will direct.


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Concussion Liability Issues Could Stretch Beyond N.F.L.


Paul Kitagaki Jr./The Sacramento Bee, via Associated Press


Insurers could raise premiums with a higher risk of lawsuits for concussions, like the one 49ers quarterback Alex Smith sustained a month ago.







As the N.F.L. confronts a raft of lawsuits brought by thousands of former players who accuse the league of hiding information about the dangers of concussions, a less visible battle that may have a more widespread effect in the sport is unfolding between the league and 32 of its current and former insurers.




The dispute revolves around how much money, if any, the insurers are obliged to pay for the league’s mounting legal bills and the hundreds of millions of dollars in potential damages that might stem from the cases brought by the retired players.


Regardless of how it is resolved, the dispute could hurt teams, leagues and schools at all levels if insurers raise premiums to compensate for the increased risk of lawsuits from the families of people who play hockey, lacrosse and other contact sports.


The N.F.L., which generates about $9 billion a year, may be equipped to handle these legal challenges. But colleges, high schools and club teams may be forced to consider severe measures in the face of liability issues, like raising fees to offset higher premiums; capping potential damages; and requiring players to sign away their right to sue coaches and schools. Some schools and leagues may even shut down teams because the expense and legal risk are too high.


“Insurers will be tightening up their own coverage and make sports more expensive,” said Robert Boland, who teaches sports law at New York University. “It could make the sustainability of certain sports a real issue.”


The N.F.L. contends that the insurers, some of whom wrote policies in the 1960s, have a duty to defend the league, which has paid them millions of dollars in premiums. The question for the N.F.L. is not whether the insurers are required to help the league, but rather what percent of the league’s expenses each insurer is obliged to cover.


The 32 insurance companies have varying arguments against the league. Some wrote policies for a limited number of years and contend their obligations should also be limited. Others contend they wrote policies for the N.F.L.’s marketing arm — for licensing disputes, for example — not the league itself.


A few of the companies went bankrupt or merged with rivals. Some insurers wrote primary policies that covered up to the first $1 million of claims; the rest insured obligations in excess of that amount.


Creating a formula for how to apportion liability will in some cases depend on the broader case between the league and its players now in federal court in Pennsylvania. If the N.F.L. persuades the judge to dismiss the case, the league will be left trying to recoup its legal costs from the insurers. If the judge allows the players’ case to proceed, the definitions of when, how and whether a player’s concussions led to his illness will become critical in shaping the insurers’ exposure, and could take years to sort out.


“This is baby step 1 in the process for everyone figuring how deep in the soup they are,” said Christopher Fusco, a lawyer who has worked on similar insurance cases but is not involved in the N.F.L. litigation. “Baby step 2 will be to figure out the facts.”


Fusco and other lawyers said the facts would largely come from the underlying suit between the league and the more than 3,000 retired players, including determining when the players sustained the head trauma and their injuries. This will probably be a long process because many of the retired players in the underlying suit, some of whom are now having memory loss, played decades ago, when concussions were often undiagnosed or not recorded.


Many of the insurance companies named in the suits declined to comment, citing the continuing litigation. The N.F.L. also did not comment.


The two-tiered battle between the league and its former players and insurers echoes the litigation stemming from asbestos claims because both cases center on long-tail claims, or injuries that could take years to manifest themselves.


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Protests reignite as Michigan 'right-to-work' bill nears final OK









It’s Wisconsin all over again -- this time in Lansing, Mich., where thousands of protesters are descending on the state capital in a day of action to demonstrate against a "right-to-work" law that may be signed into law this week. They're outside -- in the snow -- and inside the Capitol, as legislators cast final votes on the bill, which could be signed by Gov. Rick Snyder as early as noon.


The legislation, which would prohibit unions from requiring people to join them in order to be employed, was rushed through the Legislature in a lame-duck session last week. Its rapid movement and the lack of public input into the process have drawn union protests from across the state; on Monday, Michigan’s Democratic congressional delegation met with Snyder to ask him to veto the law, or encourage more public input.


“This is being done politically, rushed through with very little debate -- I don’t think many legislators have seen the law,” said Roland Zullo, a research scientist at the University of Michigan’s Institute for Labor and Industrial Relations. “There’s retribution on many levels here.”





Conservatives want to defund unions, which helped reelect Barack Obama, Zullo said. They also want to push back against a labor initiative from November that would have enshrined collective-bargaining rights in Michigan’s constitution. That initiative failed by a large margin, emboldening conservatives.


Michigan is the latest state in the Midwest to be embroiled in protests after a Republican governor tried to diminish labor rights. The protests have had mixed results. In Wisconsin, after Gov. Scott Walker limited collective-bargaining rights for public employees, thousands of protesters occupied the Capitol, but an election to recall Walker ultimately failed. In Ohio, after Gov. John Kasich pushed through similar legislation, a 2011 referendum repealed the law by a 2-to-1 margin, allowing unions to claim victory.


Indiana passed a similar right-to-work law in early 2012 with less controversy. The law, which Republican Gov. Mitch Daniels said would bring more businesses to the state, has made little difference in union membership in Indiana, said Cindy Estrada, a vice president at the United Auto Workers. When one contract, with 450 workers, was renegotiated, only two workers decided to stop paying union dues. It also hasn’t helped attract more jobs, she said.


“I’m hearing people saying Indiana is attracting more jobs than Michigan – that’s just not true,” she said.


According to Bureau of Labor Statistics data from Indiana, Michigan had more jobs in October, the most recent month available, than it did the year before. Indiana had fewer.


Even if the law is signed, there’s little chance the fight will be over, said Kristin Dziczek, director of the labor industry group at the Center for Automotive Research.


“What’s really unfolding here in Michigan is a long, protracted battle,” she said. “I don’t think labor will walk away and lick their wounds and say they lost this one.”


The Detroit Free-Press estimated that 10,000 protesters had descended on Lansing, shouting slogans such as "Hey, hey, ho, ho, Right to Work has got to go."


ALSO:


Obama criticizes GOP right-to-work legislation


Unions, buoyed by election results, are taking a stand


Tensions rise in latest battle in Michigan





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Latin music star Jenni Rivera believed dead in plane crash

Fans of Mexican-American singing star Jenni Rivera held a vigil Sunday night in Lynwood









MEXICO CITY — Mexican American singer Jenni Rivera, the "diva de la banda" whose commanding voice burst through the limits of regional Latin music and made her a cross-border sensation and the queen of a business empire, was believed to have died Sunday when the small jet carrying her and members of her entourage crashed in mountainous terrain.


Rivera, a native of Long Beach, was 43. Mexico's ministry of transportation did not confirm her death outright, but it said that she had been aboard the plane and that no one had survived the crash. Six others, including two pilots, also were on board.


"Everything suggests, with the evidence that's been found, that it was the airplane that the singer Jenni Rivera was traveling in," said Gerardo Ruiz Esparza, Mexico's secretary of communications and transportation. Of the crash site, Ruiz said: "Everything is destroyed. Nothing is recognizable."








Word of the accident ricocheted around the entertainment industry, with performer after performer expressing shock and grief. Fans gathered outside Rivera's four-acre estate in Encino.


"She was the Diana Ross of Mexican music," said Gustavo Lopez, an executive vice president at Universal Music Latin Entertainment, an umbrella group that includes Rivera's label. Lopez called Rivera "larger than life" and said that based on ticket sales, she was by far the top-grossing female artist in Mexico.


"Remember her with your heart the way she was," her father, Don Pedro Rivera, told reporters in Spanish on Sunday evening. "She never looked back. She was a beautiful person with the whole world."


Rivera had performed a concert in Monterrey, Mexico, on Saturday night — her standard fare of knee-buckling power ballads, pop-infused interpretations of traditional banda music and dizzying rhinestone costume changes.


At a news conference after the show, Rivera appeared happy and tranquil, pausing at one point to take a call on her cellphone that turned out to be a wrong number. She fielded questions about struggles in her personal life, including her recent separation from husband Esteban Loaiza, a professional baseball player.


"I can't focus on the negative," she said in Spanish. "Because that will defeat you. That will destroy you.... The number of times I have fallen down is the number of times I have gotten up."


Hours later, shortly after 3 a.m., Rivera is believed to have boarded a Learjet 25, which took off under clear skies. The jet headed south, toward Toluca, west of Mexico City; there, Rivera had been scheduled to tape the television show "La Voz" — Mexico's version of "The Voice" — on which she was a judge.


The plane, built in 1969 and registered to a Las Vegas talent management firm, reached 11,000 feet. But 10 minutes and 62 miles into the flight, air traffic controllers lost contact with its pilots, according to Mexican authorities. The jet crashed outside Iturbide, a remote city that straddles one of the few roads bisecting Mexico's Sierra de Arteaga national park.


Wreckage was scattered across several football fields' worth of terrain. An investigation into the cause of the crash was underway, and attempts to identify the remains of the victims had begun.


Rivera, a mother of five and grandmother of two, was believed to have been traveling with her publicist Arturo Rivera, who was not related to her, as well as with her lawyer, hairstylist and makeup artist; reports of their names were not consistent. Their identities were not confirmed by authorities. The pilots were identified as Miguel Perez and Alejandro Torres.


In the world of regional Latin music — norteƱo, cumbia and ranchera are among the popular niches — Rivera was practically royalty.


Her father was a noted singer of the Mexican storytelling ballads known as corridos. In the 1980s he launched the record label Cintas Acuario. It began as a swap-meet booth and grew into an influential and taste-making independent outfit, fueling the careers of artists such as the late Chalino Sanchez. Jenni Rivera's four brothers were associated with the music industry; her brother Lupillo, in particular, is a huge star in his own right.


Born on July 2, 1969, Rivera initially showed little inclination to join the family business. She worked for a time in real estate. But after a pregnancy and a divorce, she went to work for her father's record label and found her voice, literally and figuratively.


She released her first studio album in 2003, when she was 34.


Her path had not been easy, but rather than running from it, she wrote it into her music — domestic violence; struggles with weight; raising her children alone, or "sin capitan," without a captain. She was known for marathon live shows that left audiences exhilarated and exhausted; by the fifth hour of one recent performance, she was drinking straight from a tequila bottle and launching into a cover of "I Will Survive."


In a witty and sometimes baffling stew of Spanish and English, she sang about her three husbands, about drug traffickers, in tribute to her father, in tribute to her gynecologist.


She became, in a most unlikely way, a feminist hero among Latin women in Mexico and the United States and a powerful player in a genre of music dominated by men and machismo. Regional Mexican music styles had long been seen as limiting to artists, but Rivera shrugged off the labels and brought traditional-laced music — some of which sounded perilously close to polka — to a massive pop audience.





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Singer feared dead in Mexican plane crash


MONTERREY, Mexico (AP) — Mexico's music world mourned Jenni Rivera, the U.S.-born singer presumed killed in a plane crash whose soulful voice and openness about her personal troubles had made her a Mexican-American superstar.


Authorities have not confirmed her death, but Rivera's relatives in the U.S. say they have few doubts that she was on the Learjet 25 that disintegrated on impact Sunday in rugged territory in Nuevo Leon state in northern Mexico.


"My son Lupillo told me that effectively it was Jenni's plane that crashed and that everyone on board died," her father, Pedro Rivera, told dozens of reporters gathered in front of his Los Angeles-area home. "I believe my daughter's body is unrecognizable."


He said that his son would fly to Monterrey Monday.


Messages of condolence poured in from fellow musicians and celebrities.


Mexican songstress and actress Lucero wrote on her Twitter account: "What terrible news! Rest in peace ... My deepest condolences for her family and friends." Rivera's colleague on the Mexican show "The Voice of Mexico," pop star Paulina Rubio, said on her Twitter account: "My friend! Why? There is no consolation. God, please help me!"


Born in Long Beach, California, Rivera was at the peak of her career as perhaps the most successful female singer in grupero, a male-dominated regional style influenced by the norteno, cumbia and ranchero styles.


A 43-year-old mother of five children and grandmother of two, the woman known as the "Diva de la Banda" was known for her frank talk about her struggles to give a good life to her children despite a series of setbacks.


She was recently divorced from her third husband, was once detained at a Mexico City airport with tens of thousands of dollars in cash, and she publicly apologized after her brother assaulted a drunken fan who verbally attacked her in 2011.


Her openness about her personal troubles endeared her to millions in the U.S. and Mexico.


"I am the same as the public, as my fans," she told The Associated Press in an interview last March.


Rivera sold 15 million records, and recently won two Billboard Mexican Music Awards: Female Artist of the Year and Banda Album of the Year for "Joyas prestadas: Banda." She was nominated for Latin Grammys in 2002, 2008 and 2011.


Transportation and Communications Minister Gerardo Ruiz Esparza said "everything points toward" the wreckage belonging to the plane carrying Rivera and six other people to Toluca, outside Mexico City, from Monterrey, where the singer had just given a concert.


"There is nothing recognizable, neither material nor human" in the wreckage found in the state of Nuevo Leon, Ruiz Esparza said. The impact was so powerful that the remains of the plane "are scattered over an area of 250 to 300 meters. It is almost unrecognizable."


A mangled California driver's license with Rivera's name and picture was found in the crash site debris.


No cause was given for the plane's crash, but its wreckage was found near the town of Iturbide in Mexico's Sierra Madre Oriental, where the terrain is very rough.


The Learjet 25, number N345MC, took off from Monterrey at 3:30 a.m. local time and was reported missing about 10 minutes later. It was registered to Starwood Management of Las Vegas, Nevada, according to FAA records. It was built in 1969 and had a current registration through 2015.


Also believed aboard the plane were her publicist, Arturo Rivera, her lawyer, makeup artist and the flight crew.


Though drug trafficking was the theme of some of her songs, she was not considered a singer of "narco corridos," or ballads glorifying drug lords like other groups, such as Los Tigres del Norte. She was better known for singing about her troubles in love and disdain for men.


Her parents were Mexicans who had migrated to the United States. Two of her five brothers, Lupillo and Juan Rivera, are also well-known singers of grupero music.


She studied business administration and formally debuted on the music scene in 1995 with the release of her album "Chacalosa". Due to its success, she recorded two more independent albums, "We Are Rivera" and "Farewell to Selena," a tribute album to slain singer Selena that helped expand her following.


At the end of the 1990s, Rivera was signed by Sony Music and released two more albums. But widespread success came for her when she joined Fonovisa and released her 2005 album titled "Partier, Rebellious and Daring."


Besides being a singer, she is also a businesswoman and actress, appearing in the indie film Filly Brown, which was shown at the Sundance Film Festival, as the incarcerated mother of Filly Brown.


She was filming the third season of "I love Jenni," which followed her as she shared special moments with her children and as she toured through Mexico and the United States. She also has the reality shows: "Jenni Rivera Presents: Chiquis and Raq-C" and her daughter's "Chiquis 'n Control."


In 2009, she was detained at the Mexico City airport when she declared $20,000 in cash but was really carrying $52,167. She was taken into custody. She said it was an innocent mistake and authorities gave her the benefit of the doubt and released her.


In 2011, her brother Juan assaulted a drunken fan at a popular fair in Guanajuato. In the face of heavy criticism among her fans and on social networks, Rivera publicly apologized for the incident during a concert in Mexico City, telling her fans: "Thank you for accepting me as I am, with my virtues and defects."


On Saturday night, Rivera had given a concert before thousands of fans in Monterrey. After the concert she gave a press conference during which she spoke of her emotional state following her recent divorce from former Major League Baseball pitcher Esteban Loaiza, who played for teams including the New York Yankees and Los Angeles Dodgers.


"I can't get caught up in the negative because that destroys you. Perhaps trying to move away from my problems and focus on the positive is the best I can do. I am a woman like any other and ugly things happen to me like any other woman," she said Saturday night. "The number of times I have fallen down is the number of times I have gotten up."


Rivera had announced in October that she was divorcing Loaiza after two years of marriage.


There have been several high-profile crashes involving Learjets, known as swift, longer-distance passenger aircraft popular with corporate executives, entertainers and government officials.


A Learjet carrying pro-golfer Payne Stewart and five others crashed in northeastern South Dakota in 1999. Investigators said the plane lost cabin pressure and all on board died after losing consciousness for lack of oxygen. The aircraft flew for several hours on autopilot before running out of fuel and crashing in a corn field.


Former Blink 182 drummer Travis Barker was severely injured in a 2008 Learjet crash in South Carolina that killed four people.


That same year, a Learjet slammed into rush-hour traffic in a posh Mexico City neighborhood, killing Mexico's No. 2 government official, Interior Secretary Juan Camilo Mourino, and eight others on the plane, plus five people on the ground.


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Associated Press Writer Galia Garcia-Palafox and Olga R. Rodriguez contributed to this report from Mexico City.


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