Iron Butterfly bassist Lee Dorman dies at age 70






LOS ANGELES (AP) — Lee Dorman, the bassist for psychedelic rock band Iron Butterfly, has died at age 70.


Orange County sheriff‘s spokeswoman Gail Krause says Dorman was found dead in a vehicle Friday morning. A coroner’s investigation is under way, but foul play is not suspected.






Krause said Dorman may have been on his way to a doctor’s appointment when he died.


Iron Butterfly was formed and rose to prominence in the late 1960s. Its second album, “In-A-Gadda-Da-Vida,” sold more than 30 million copies, according to the band’s website. The title track’s distinctive notes have been featured in numerous films and TV shows including “The Simpsons,” ”That ’70s Show” and in the series finale of “Rescue Me.”


Douglas Lee Dorman was born in September 1942 and had been living in Laguna Niguel, a coastal city in Southern California, when he died.


A message sent through the band’s website was not immediately returned.


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The Hedge Fund Hunger Games






The first idea that Tim Harrington, Brian Tomeo, and Spencer Deering had for a business was to gather up brand-new hedge funds and nurture them. They’d invite them to make use of their office in Miami Beach, where they could get advice, legal help, expensive software, and eventually an introduction to investors, with the three benefactors collecting a fee. The second idea, the one the trio went with, was the exact opposite. They would assemble the hedge funds and make them fight.


1b7e6  investing hedgefundhunger52  02  inline202 The Hedge Fund Hunger GamesGrant Cornett for Bloomberg BusinessweekHarrington got into hedge funds in college






This was back in April. The three had been introduced by mutual friends and colleagues over the years: Harrington, a 37-year-old with prematurely white hair who’d gone straight into hedge funds out of college, met Tomeo, 40, a broken-nosed former Princeton lacrosse champion, at a party not long after the latter left JPMorgan Chase (JPM) as a managing director in 2007. Deering, 37, had come late to finance after first working as a teacher and writer; he had promise as a model-handsome charmer of wealthy investors. Together they sensed there was money in the nascent Miami hedge fund scene. Much like investing in a young tech company, hooking up a new hedge fund with seed capital—including, perhaps, some of their own—can be lucrative. The problem was that Harrington and his partners couldn’t tell which of the new funds asking for their money were any good.


It wasn’t easy for the aspiring hedge fund managers they were talking to, either. Investors won’t give capital to managers who have no experience, but managers can’t get experience without capital. Most fledgling funds try to get past this paradox by offering back-tested results, modeling how their trading algorithms would have performed in years past. This is basically historical fiction, and it ignores a fundamental truth of investing: What happened yesterday doesn’t predict what the market will do tomorrow.


What matters is actual performance, which is how Tomeo and Harrington came up with the idea to run a tournament to fill their incubator, weeding out pretenders by making managers compete in real time with real money. The finisher who made the most while risking the least would win the right to manage seven figures of capital. They called their company Battle-Fin.


1b7e6  investing hedgefundhunger52  01  inline202 The Hedge Fund Hunger GamesGrant Cornett for Bloomberg Businessweek“The system is completely broken,” says Tomeo


A trial tournament in July proved that the mechanics of the concept worked. It also demonstrated how difficult it was to win: Tomeo entered and finished fifth out of six. For the next tournament, which they considered their real debut, the three men secured $ 10 million in money to manage from a capital provider in New York named Liquid Holdings Group. Winners would be chosen in three divisions. The “elite” category was for managers who were already running other people’s money. The winner here would run $ 5 million of the prize capital. The “professional” division was for entrants risking any amount of their own money. The winner would run $ 3 million. And the “launch” division was for contestants trading only on paper. There would be two winners in this division, each to be allocated $ 1 million.


Battle-Fin restricted the tournament to quants—managers who develop computer-run algorithms that set rules for trading. Quants aren’t new to Wall Street by any means, but if you’re looking for innovative ideas, then computational finance isn’t a bad place to start. And hedge funds badly need new blood. With notable exceptions, they’ve been clobbered by the plain-old stock market in the last four years. In 2012, the average hedge fund has returned 3 percent; the Standard & Poor’s 500-stock index has returned 15 percent. Investors, meanwhile, pay dearly for the privilege of underperforming—managers typically keep 20 percent of any profit, plus a 2 percent management fee.


“We want to find great people, help them build their business, and build a great business on our own,” Harrington says. “If that turns the hedge fund industry on its head, that’s not our worry.”
 
 
In August, Alon Bochman was sitting at the desk he rents at an office near Grand Central Terminal in New York, reading posts in a LinkedIn (LNKD) group for emerging managers, when he came across one from Harrington. “Our real-time, real-capital tournaments democratically and objectively identify tomorrow’s best and brightest computational financiers—wherever they might be,” it read. A few clicks and an e-mail exchange later, Bochman was in the tournament.


Two and a half years ago, Bochman was earning a comfortable six figures as a portfolio manager at SC Fundamental, a New York hedge fund notable for launching the careers of a handful of wildly successful managers, including David Einhorn. One day he noticed an anomaly in the way a certain kind of exchange-traded fund behaved, so he devised a trading strategy for his personal account that wouldn’t require a lot of monitoring. “I never really looked at it. I had a full-time job I liked very much,” he says. “Then, around December, I got a statement from my broker. And I was like, Huh.” Bochman’s returns had passed 30 percent a year. In March he quit to start his own fund.


Even with his connections, Bochman, 39, found it tough to get a piece of the money streaming into billion-dollar funds. He knew that, as in any industry, pitching hedge fund investors meant hearing “no” a lot. What he wasn’t prepared for were the questionnaires from due diligence firms, the industry’s post-Madoff gatekeepers, which struck him as both invasive and superficial. Asking about strategy and risk tolerance made sense. But his heart condition? Whether he was in the midst of a divorce?


Of every dollar flowing into the industry, 96¢ go to the biggest hedge funds, those with more than $ 5 billion under management. For upstarts, getting capitalized usually means hitting up friends and family, then approaching professional contacts, and gradually moving upward. Performance is the most important factor for attracting money, but allocations are often won or lost on the margins of personality—knowing the right people, having impressive literature, nailing the interview. “The hedge fund industry is supposed to be merit-based, and it’s supposed to be entrepreneurial,” says Bochman. “I think that people have been so shell-shocked by the financial crisis and Bernie Madoff that they’ve given up on merit. They’ll settle on a checklist that ensures you belong to certain clubs, know the right people.” He found the tournament concept refreshing. “What they’re doing is important. They’re one of the few guys saying, ‘This is a contest of ideas, and may the best strategy win.’ This is something that our industry really, really needs.”


Bochman was one of about 3,000 visitors to Battle-Fin’s website after Harrington and Deering began promoting it, which in the small world of aspiring quant hedge fund managers is a lot. About 130 applied.


1b7e6  investing hedgefundhunger52  03  inline202 The Hedge Fund Hunger GamesGrant Cornett for Bloomberg BusinessweekDeering once taught English and wrote a novel


“The pedigree of the guys who are coming across our screen—it’s crazy,” says Deering. (One of the two finalists in the trial tournament was a group of Massachusetts Institute of Technology Ph.D.’s.) “The fact that these guys are coming to us, in these little tournaments that we’re running? It’s so evident that the system is cocked up.”


The funds chosen—26 in all—were run by a motley bunch. Two master-level chess players headed one, which they called Chessica, after the original name, Genius Hedge Fund, failed to go over well with investors. Another fund, ProForza Advisors, boasted a rocket scientist who had worked for NASA, studying weather in the magnetosphere. Yet another contender, Stephen Longo, a Fu Manchu–mustache-sporting Long Islander, had spent 20 years as an engineer at General Motors (GM). He had been racking up impressive gains on a theoretical trading platform for years, making millions, but only on paper; winning the tournament would give him a chance to prove his investing chops without a safety net. Martin Rosenburgh, who managed $ 1 million of friends-and-family money from home on a 27-inch iMac, was also optimistic. Should he win, he hoped to focus on his fund full time. “It’s like American Idol for quant strategies,” he says.


Several contestants spoke of the difficulty of getting in the room with potential investors. “We’re extremely good at the statistical analysis and data visualization and so forth,” says Mark Maldonis, 48. “But marketing skills? God was not good to me.”


Trading began on Oct. 1. From their offices in New York, Los Angeles, London, and elsewhere, the contestants tracked each other’s gains on a leader board updated daily at battle-fin.com. The launch category, where the gains or losses were all on paper, was naturally the most volatile. Longo was up 10 percent after just seven days, with a strategy that took its cues from volatility in the S&P 500. In the $ 5 million elite category—where the contestants were managing real money belonging to real clients—the range was much tighter, within a point or two of zero. Two weeks in, with the stock market down, even flat returns could be regarded as an accomplishment.


Perhaps the most impressive performance was in the intermediate division, where the managers’ own money was at stake. Rosenburgh, 45, had gained nearly 4 percent by the end of October, but he was quickly left in the dust by the 10 percent returns of a fund manager listed on the tournament scoreboard as Z. Liu. Nobody could dig up much information on him, but with a strategy built on the statistical analysis of historical trading data, he seemed proof that the Battle-Fin tournament might be able to pick managers better than Wall Street.
 
 
Dealing with startups often means forgiving a certain amount of amateur behavior. As the contestants entered the second month, several realized something: Battle-Fin was just as much a startup as they were.


Harrington handled the tournament’s day-to-day operations—checking in with contestants, putting out fires, and generally behaving like a theater manager on opening night. Tomeo was the high-level strategist. Deering was in charge of marketing. They had put the tournament concept into practice as rapidly as they could after inventing it. This meant hiccups, corner-cutting, and a lot of improvisation.


1b7e6  investing hedgefundhunger52  04  inline405 The Hedge Fund Hunger Games


John LaChance, a former vice president at JPMorgan, logged on to battle-fin.com one day to discover an organization called “LaChance Capital” next to his name. “There’s no such thing,” he says with a laugh. “I guess they just put that down. I don’t think I’d name it that, either.” Several competitors noticed that five funds disappeared from the leader board without explanation. The head of ProForza Advisors, Sunil Pai, hadn’t even signed up to enter the tournament. One day over the summer, he says, he had called Harrington to learn more about the contest after seeing a LinkedIn post. The next thing he knew, ProForza was listed in the elite category. Harrington “entered us into the competition. I hadn’t actually applied for it,” says Pai, 49.


Midway through the tournament, even some high-level decisions had been left up in the air. “It’s definitely a work in progress,” Harrington says. Who was Battle-Fin’s chief executive officer, anyway? “I don’t know,” Tomeo says. “Who do you think it is?”


All three founders were concerned that two months was too short for a tournament and that they’d end up crowning the merely lucky. The partners also hadn’t figured out how to split revenue on the fees they’d collect from connecting the tournament winners to the capital providers. “One, we trust each other, and two, we’re not fighting over future spoils that haven’t even appeared yet,” Harrington says. “I’ve seen so many businesses where people are fighting and clawing for percentages that never even end up working out.”


There are no signs of tension among the three—the reverse, actually, thanks mostly to Deering’s nonstop comedy routine. A college lacrosse player like Tomeo, Deering taught English at a Chicago-area high school after graduating and self-published a novel about a man, a motorcycle, and the West. Today, he may be the only man in hedge funds who’s written about Southern food for Esquire and relationships, under a pen name, for Cosmopolitan. (“If you’re feeling the love itch, chances are he is as well but is too chicken to be the initiator.”) A theater director in Charleston, S.C., where he lives, nicknamed him Johnny Touchdown.


Harrington had traced a semi-charmed path through the hedge fund world. He started with an internship in college; skipping the usual period of apprenticeship at an investment bank, Harrington then bounced from one billion-dollar operation to the next—Galleon Group, SAC Capital Advisors, JPMorgan. (At the moment, two of those firms are known for scandal: Galleon’s founder, Raj Rajaratnam, was convicted in 2011 of securities fraud, and SAC, headed by Steven Cohen, is the subject of a federal investigation into insider trading. Harrington declined to discuss the topic.) He left JPMorgan in 2009 to start his own business, a hedge fund seeder called Lion’s Path Capital, which is tied to Battle-Fin in several ways. It staked the $ 1 million prize for the company’s trial tournament, and winners use Lion’s Path’s trading platform to manage the capital they win access to.


In Miami Beach, where the finance scene is tiny, Battle-Fin rents office space from Ray Langston, a hedge fund manager who’s a generation older and represents the success the trio hope to have and the old guard they mean to destroy. Langston collects Ferraris, drives away from lunch in a $ 440,000 Porsche Carrera GT roadster, and doesn’t care what you make of his calling President Obama a socialist. Hedgies of Langston’s era had the good fortune to trade amid a decades-long bull market. Back in Battle-Fin’s conference room, Tomeo says the managers in his tournament, with their computational skills, would eat Langston alive. “I just say, Hey, Ray, I would love to see you make it today,” says Tomeo. “I’d love to put you against these guys that I find.”
 
 
The contestants were putting up strong numbers. In the tournament’s final days, 8 out of 10 funds in the real-money divisions were beating the S&P.


LaChance, 37, lives in Pittstown, N.J.—horse country—in a 5,100-square-foot house with a three-car garage on two acres that he bought in 2006, at the absolute top of the market. It’s beautiful, an hour and 40 minutes from New York, and the school bus picks up his twin 12-year-old boys right at the curb. The Tuesday after Thanksgiving, a wet snow is falling, and LaChance misses nothing about his old commute, back when he was a JPMorgan trader. Wearing a North Face fleece and socks, he walks into his ground-floor home office, equipped with three widescreen monitors tracking $ 2.5 million of friends-and-family money in his portfolio. He is up 4 percent in the tournament’s top category—too high for anyone to catch up. For him, winning will be anticlimactic. Harrington has already had him record a victory video.


LaChance runs a handful of strategies at any given time. He mostly trades ADRs—American depositary receipts, or securities of foreign companies that trade on U.S. markets—that he believes are mispriced. LaChance says it’s profitable but not very scalable. “On some of these things, I’m literally the only person trading it,” he says.


In the 12 months leading up to the tournament, LaChance’s return was 39.9 percent. If he repeats that performance in 2013, with $ 5 million in Battle-Fin money in his portfolio, he stands to make an extra $ 399,000 in fee income. If his strategy goes bust, he’ll make nothing: Hedge funds ordinarily charge a 2 percent fee on their assets under management, which guarantees them revenue even in a down year, but Battle-Fin’s rules restrict winners from doing this.


For Longo, 54, winning is more surreal. The former General Motors engineer held on to his early lead in the launch category, giving the paper trader $ 1 million in real capital to invest. “I’m slightly speechless,” he says. “It’s kind of a double-edged sword. I’m obviously happy that I won. The other side is that now the real competition starts, with the markets.” Longo is truly speechless when a reporter points out something Battle-Fin had never told him: They’d be keeping the first 5 percent of any gains he made on the $ 1 million, in exchange for taking a risk on a total unknown. The asterisk applies only to his category. After recovering, Longo says there’s no hard feelings. “There might be a few misunderstandings or a few things that are unclear at this point, but again, the opportunity still far outweighs any of that,” he says.


Rosenburgh fared better under Battle-Fin’s make-it-up-as-we-go-along approach. He never climbed out of second place in the intermediate division but was thrilled to discover that he’d won something anyway. Battle-Fin had decided not to name two winners in the launch division after all, in favor of a floating $ 1 million “wild card.” In late November, Rosenburgh joined the other winners at the Lion’s Path offices in Manhattan, grinning in a group photo with Harrington.


Afterward, the victors walked to a nearby bar. Among them: the mysterious Z. (Zongjian) Liu. He had posted an astonishing 14 percent return in just two months in the intermediate division, risking his own money. As Liu began to explain his strategy and his background, it quickly became clear that he had not thought through the implications of winning $ 3 million to manage—or even competing in the tournament in the first place.


Liu, 34, has a full-time job at a major bank. Every bank’s rules are different about what employees are allowed to do with their investments, but publicly traded, highly regulated banks generally want to know if their employees are running hedge funds in their spare time. Liu hadn’t cleared his participation in the tournament with the compliance department. “Ideally, I should not do this,” he says in nearly perfect English. “Because there will be conflict of interest. Although in my case, there is no conflict of interest.” In two months, Liu says, he will probably quit to manage his portfolio full time. His plan is simply to not let the bank’s compliance officers find out.


Before the tournament, Liu says, he ran about $ 390,000 in friends-and-family money. If he keeps up his annualized 2012 rate of 43.6 percent next year, performance fees on $ 3 million in Battle-Fin money would run to $ 295,608. That may be more than his bank salary, but Liu would also be taking on a huge personal risk. If his models stop working as well and he merely matches the industry’s average 2012 return of 2.9 percent, performance fees on that $ 3 million would total only $ 17,400. Before expenses and taxes.


On the last day of the tournament, Nov. 30, Harrington is unsure how the man he has entrusted with $ 3 million is handling the situation. “We say to people, ‘Look, you have to get clearance from your employer to see if there’s any conflict of interest.’ His whole thing is he said he plans to quit. So, I mean, it’s a little—that’s the one that I don’t know how …” Harrington doesn’t finish the thought.


There are grander plans to discuss. Harrington has just come from a meeting with an investor who’s considering fronting as much as $ 50 million for a third tournament. At the same time, the trio want to take the concept beyond quant trading strategies to commodities, currencies, real estate. “The whole asset management industry is ripe for a technology that turns it upside down,” says Tomeo. Of course, they also want to go global. “We’re going to do Battle-Fin Latin America,” Harrington says. “We’re going to do Battle-Fin Canada. We’re going to do Battle-Fin Asia and Battle-Fin Global, which is when we’re going to take all of the winners and bring them to Miami for kind of a conference and showcase them to different people.”


A few days later, Harrington e-mails to say he’s hopeful the company will win a patent on the tournament. “Things are really moving fast,” he writes. Below his signature is a new Battle-Fin slogan: Time to sink or swim.


Businessweek.com — Top News





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Canada spending growth sluggish in November, Mastercard says






(Reuters) – Canada‘s holiday shopping season got off to a slow start in November with retail sales rising only 1.3 percent from the previous year, compared with 4.2 percent growth a year earlier, according to data released by MasterCard on Thursday.


Still, the shopping season was still young in November. MasterCard Advisors, the payment company’s research and consulting division, found that in recent years, holiday shopping peaks from December 20 to December 22.






“Many Canadians may have gotten an early start with Black Friday and Cyber Monday this year, but it’s still a very young phenomenon in Canada,” Senior Vice-President Richard McLaughlin, said in a release.


The Friday after U.S. Thanksgiving is the unofficial start to the holiday shopping season south of the border, and in recent years retailers have imported Black Friday sales to Canada.


Some also promote online sales the following Monday.


Canada’s online retail sales continued to grow in November, increasing 26.4 percent.


(Reporting by Allison Martell; Editing by Peter Galloway)


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2 bombers target mobile phone firms in Nigeria






KANO, Nigeria (AP) — Authorities blame a radical Islamist sect for twin suicide car bombings targeting two major mobile phone companies, an official said Saturday, blacking out a top operator’s network in most of Nigeria‘s northern commercial hub.


A suicide bomber drove an explosive-laden car into the facilities of the Nigerian subsidiary of Bharti Airtel Ltd. of India at about 8 a.m. in the city of Kano, said Capt. Iweha Ikedichi, who speaks for a special taskforce deployed in Kano to reduce the threat of the Islamic rebels known as Boko Haram. The attack left an Airtel worker injured, authorities said. It also damaged a switch station, said James Eze, an Airtel spokesman. He said the company was still assessing how bad the damage was, but declined to comment further.






Switch stations control the regional mobile phone network and if they are seriously damaged, the entire network could go down. An Airtel staff who spoke on condition of anonymity because he is not authorized to speak to the press said the targeted switch station covered six northern states, including Kano. But while Airtel’s network appeared to be down across Kano Sunday, calls to lines in some of the other states went through.


At about the same time as the Airtel attack, another bomber targeted the facilities of the Nigerian subsidiary of South Africa-based MTN Group Ltd., about two miles (three kilometers) away. That attack was botched by security officers who shot the bomber, causing an explosion at the company’s gate, Ikedichi said.


The target of the foiled attack was MTN’s switch station, said Funmilayo Omogbenigun, spokeswoman for Nigeria’s largest cell phone network provider.


Authorities suspect the Boko Haram sect is behind the attacks. The group is held responsible for more than 770 deaths this year alone, according to figures compiled by The Associated Press. Boko Haram’s campaign of bombings and shootings has targeted mosques, churches, schools, universities and government buildings. But, four months ago, the group broadened its scope by attacking mobile phone towers for the first time.


In September, a series of attacks damaged more than 31 towers operated by all the major mobile phone providers in the country. Other attacks have occurred since then, further straining the one link Nigeria relies on for communication in a country with very few landlines. While no one claimed responsibility for the attacks, the Islamist sect had threatened mobile phone companies earlier in the year, warning that they would be targeted for cooperating with the government to flush out its members.


In Nigeria, Africa’s most populous country with more than 160 million people, mobile phones serve as a valuable lifeline in both cities and rural communities. Landlines remain almost nonexistent, as the state-run telephone company has collapsed and repeated efforts to privatize it have failed. More 87 million mobile phone lines were in use in 2009, according to estimates.


“Never would we have expected that telecommunications could be targeted,” said Damien Udeh, a spokesman for the Association of Licensed Telecommunications Operators of Nigeria. “It portends a dangerous situation for everybody, especially government.”


___


Associated Press writer Yinka Ibukun contributed to this report from Lagos, Nigeria


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“It’s a Wonderful Life” is top Christmas film with critics






LOS ANGELES (Reuters) – When it comes to Christmas films, “It’s a Wonderful Life” can still melt critics’ hearts nearly 70 years after it was released, according to a survey of the best-reviewed Christmas films.


The survey, to be released on Friday by review aggregator Rotten Tomatoes, found that the 1946 redemption story starring Jimmy Stewart edged out the 1942 Bing Crosby and Fred Astaire musical “Holiday Inn” and Tim Burton‘s 1993 stop-motion fantasy “The Nightmare Before Christmas.”






World War Two drama “Stalag 17,” released in 1953, and 1947′s “Miracle on 34th Street” round out the top five.


“It’s a Wonderful Life” vaulted to the top spot from No. 5 in 2009, when the list was last compiled, bumping “The Nightmare Before Christmas” from its best-reviewed status.


Films that use the holiday as a backdrop for the plot such as 1988′s “Die Hard,” which was No. 6 on the list, and 1983′s “Trading Places” at No. 9, were also eligible, the website said.


Rotten Tomatoes, which analyzes film reviews and assigns a score based on total critical reception, applied that same formula to Christmas films for the list, Matt Atchity, the website’s editor in chief, told Reuters.


“You look at the list and it’s all the classics … the cream floats to the top,” Atchity said, adding that the rankings were weighted to reflect the amount of reviews a film received, which could artificially boost or decline a score.


Films from the 1960s and 1970s were notably absent from the list. Atchity said studios were more focused at that time on work by big-name directors than on seasonal films.


Here are the 25 best-reviewed Christmas films of all time, according to website Rotten Tomatoes:


* “It’s a Wonderful Life” (1946)


* “Holiday Inn” (1942)


* “The Nightmare Before Christmas” (1993)


* “Stalag 17″ (1953)


* “Miracle on 34th Street” (1947)


* “Die Hard” (1988)


* “Arthur Christmas” (2011)


* “A Christmas Story” (1983)


* “Trading Places” (1983)


* “Rare Exports: A Christmas Tale” (2010)


* “Lethal Weapon” (1987)


* “A Midnight Clear” (1992)


* “A Christmas Tale” (2008)


* “While You Were Sleeping” (1995)


* “Scrooge (A Christmas Carol)” (1951)


* “Elf” (2003)


* “Kiss Kiss, Bang Bang” (2005)


* “Gremlins” (1984)


* “The Santa Clause” (1994)


* “The Bishop’s Wife” (1947)


* “Bad Santa” (2003)


* “8 Women” (2002)


* “Batman Returns” (1992)


* “White Christmas” (1954)


* “The Ref” (1994)


The full list can been seen at http://www.rottentomatoes.com/guides/best_christmas_movies_2012/?hub=10


(Reporting by Eric Kelsey, editing by Jill Serjeant and Stacey Joyce)


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Federal judge blocks Missouri law to deny birth control coverage






(Reuters) – A federal judge on Friday blocked a new Missouri law that requires health insurers to offer plans that exclude contraception coverage if employers or individuals object to birth control on moral or religious grounds.


U.S. District Judge Audrey Fleissig granted a temporary restraining order preventing the enforcement of the law, writing that it appears to conflict with the new federal health care law.






Republican lawmakers in Missouri drafted the law in response to President Barack Obama‘s policy of requiring insurers to cover birth control for free as part of the new federal health care law, even if they work for a church or other employer that has a moral objection.


State lawmakers in September overrode a veto by Democratic Governor Jay Nixon to enact the law.


The Missouri Insurance Coalition, a nonprofit whose members include health insurers that do business in the state, asked the judge to block the state law, arguing that it conflicts with federal law and is therefore invalid.


Fleissig wrote that the coalition is likely to succeed on that claim “given what appears to be an irreconcilable conflict” between the federal and state laws.


At a hearing, the judge wrote, the Missouri Department of Insurance “could offer no response to how there would not be a direct conflict” between the federal and state laws if an insurer offered a health insurance plan “that acquiesced to an employer’s decision not to offer contraceptive coverage.”


She is expected to schedule a hearing on a preliminary injunction.


(Reporting By Corrie MacLaggan; editing by Todd Eastham)


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U.S. judge approves settlement in BP class action suit






(Reuters) – A U.S. judge on Friday gave final approval to BP Plc‘s settlement with individuals and businesses who lost money and property in the 2010 Gulf of Mexico oil spill.


The order only addressed the settlement of economic and property damage claims, not a separate medical benefits settlement for cleanup workers and others who say the spill made them sick.






BP has estimated that it will pay $ 7.8 billion to settle more than 100,000 claims in the class action litigation.


U.S. District Judge Carl Barbier initially approved the deal in May, but held a “fairness hearing” in November to weigh objections from about 13,000 claimants challenging the settlement to resolve some of BP’s liability for the worst offshore oil spill in U.S. history.


London-based BP’s Macondo well spewed 4.9 million barrels of oil into the Gulf of Mexico over a period of 87 days. The torrent fouled shorelines from Texas to Alabama and eclipsed the 1989 Exxon Valdez spill in Alaska in severity.


Lawyers for some affected parties had objected to the deal, reached in March between BP and lawyers representing plaintiffs ranging from restaurateurs, hoteliers, and oyster men who lost money from the spill. They argued that some claimants would be underpaid or unfairly excluded.


But in a 125-page order approving the settlement, Barbier called the deal “fair, reasonable and adequate,” citing the low number of class members who objected or opted out.


BP welcomed the approval order in a statement, adding that the settlement resolves the majority of economic and property damage claims stemming from the accident.


“Today’s decision by the Court is another important step forward for BP in meeting its commitment to economic and environmental restoration efforts in the Gulf and in eliminating legal risk facing the company,” BP said.


Separate from the class action claims, BP has been locked in a year-long legal battle with the U.S. government and Gulf Coast states to settle billions of dollars in civil and criminal liability from the explosion.


In a settlement with the U.S. government announced last month, BP agreed to pay $ 4.5 billion in penalties and plead guilty to felony misconduct. The government also indicted the two highest-ranking BP supervisors aboard the Deepwater Horizon rig during the disaster, charging them with 23 criminal counts including manslaughter.


The class action case is In Re: Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf of Mexico on April 20, 2010, U.S. District Court for the Eastern District of Louisiana, No. 10-2179.


(Reporting by Terry Baynes in New York; Editing by Gary Hill)


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Italy PM Monti resigns, elections likely in February






ROME (Reuters) – Italian Prime Minister Mario Monti tendered his resignation to the president on Friday after 13 months in office, opening the way to a highly uncertain national election in February.


The former European commissioner, appointed to lead an unelected government to save Italy from financial crisis a year ago, has kept his own political plans a closely guarded secret but he has faced growing pressure to seek a second term.






President Giorgio Napolitano is expected to dissolve parliament in the next few days and has already indicated that the most likely date for the election is February 24.


In an unexpected move, Napolitano said he would hold consultations with political leaders from all the main parties on Saturday to discuss the next steps. In the meantime Monti will continue in a caretaker capacity.


European leaders including German Chancellor Angela Merkel and European Commission President Jose Manuel Barroso have called for Monti’s economic reform agenda to continue but Italy’s two main parties have said he should stay out of the race.


Monti, who handed in his resignation during a brief meeting at the presidential palace shortly after parliament approved his government’s 2013 budget, will hold a news conference on Sunday at which he is expected clarify his intentions.


Ordinary Italians are weary of repeated tax hikes and spending cuts and opinion polls offer little evidence that they are ready to give Monti a second term. A survey this week showed 61 percent saying he should not stand.


Whether he runs or not, his legacy will loom over an election which will be fought out over the painful measures he has introduced to try to rein in Italy’s huge public debt and revive its stagnant economy.


His resignation came a couple of months before the end of his term, after his technocrat government lost the support of Silvio Berlusconi‘s centre-right People of Freedom (PDL) party in parliament earlier this month.


Speculation is swirling over Monti’s next moves. These could include outlining policy recommendations, endorsing a centrist alliance committed to his reform agenda or even standing as a candidate in the election himself.


The centre-left Democratic Party (PD) has held a strong lead in the polls for months but a centrist alliance led by Monti could gain enough support in the Senate to force the PD to seek a coalition deal which could help shape the economic agenda.


BERLUSCONI IN WINGS


Senior figures from the alliance, including both the UDC party, which is close to the Roman Catholic Church, and a new group founded by Ferrari sports car chairman Luca di Montezemolo, have been hoping to gain Monti’s backing.


He has not said clearly whether he intends to run, but he has dropped heavy hints he will continue to push a reform agenda that has the backing of both Italy’s business community and its European partners.


The PD has promised to stick to the deficit reduction targets Monti has agreed with the European Union and says it will maintain the broad course he has set while putting more emphasis on reviving growth.


Berlusconi’s return to the political arena has added to the already considerable uncertainty about the centre-right’s intentions and increased the likelihood of a messy and potentially bitter election campaign.


The billionaire media tycoon has fluctuated between attacking the government’s “Germano-centric” austerity policies and promising to stand aside if Monti agrees to lead the centre right, but now appears to have settled on an anti-Monti line.


He has pledged to cut taxes and scrap a hated housing tax which Monti imposed. He has also sounded a stridently anti-German line which has at times echoed the tone of the populist 5-Star Movement headed by maverick comic Beppe Grillo.


The PD and the PDL, both of which supported Monti’s technocrat government in parliament, have made it clear they would not be happy if he ran against them and there have been foretastes of the kind of attacks he can expect.


Former centre-left prime minister Massimo D’Alema said in an interview last week that it would be “morally questionable” for Monti to run against the PD, which backed all of his reforms and which has pledged to maintain his pledges to European partners.


Berlusconi who has mounted an intensive media campaign in the past few days, echoed that criticism this week, saying Monti risked losing the credibility he has won over the past year and becoming a “little political figure”.


(Additional reporting by Gavin Jones, Massimiliano Di Giorgio and Paolo Biondi; Writing by Gavin Jones and James Mackenzie; Editing by Michael Roddy)


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Instagram diverts attention from botched policy change with another new filter









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‘Homeland’ star Claire Danes gives birth to first child






LOS ANGELES (Reuters) – Emmy-winning actress Claire Danes has given birth to her first child, a boy, the publicist for the “Homeland” star said on Wednesday.


Cyrus Michael Christopher Dancy was born on Monday to Danes, 33, and her husband, British actor Hugh Dancy.






Danes’ performance as CIA operative Carrie Matheson on Showtime’s “Homeland” series scored her an Emmy win in September, while the psychological thriller won the TV industry’s highest honor of best drama series.


Danes is nominated for her second Golden Globe award in the role at the Hollywood awards show in January. She also has won multiple awards for her past work on 2010 TV film “Temple Grandin,” and as a 15-year-old on the 1990s coming-of-age television drama “My So-Called Life.”


(Reporting by Eric Kelsey, editing by Jill Serjeant and Lisa Shumaker)


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Physician Launches Black Health Website






NATIONWIDE – The glaring realities facing the Black community’s health and well-being are in a state of emergency. Whether it is high blood pressure, diabetes, HIV/AIDS, various forms of cancer or obesity, Blacks in many cases have the unfortunate distinction as the leading sufferers of these health maladies. Dr. Corey Hebert aims to help tackle these dilemmas via cyberspace, with the launch of BlackHealthTV.com, an online social media and video website geared toward a community overwrought with preventable and treatable ailments and diseases. Launched in October, Dr. Hebert hopes by making health information available online in an interactive format more people will be privy to information that can save their lives or at the very least help them make more well-informed health decisions. “I was sitting at a table in New York with a bunch of very educated African Americans and one of the guys at the table had a Ph.D. from MIT (Massachusetts Institute of Technology) and he burned himself with a plate at the table,” explained Dr. Hebert when asked what inspired him to launch BlackHealthTV.com. health_care_12-18-2012_1.jpg “The first thing he told me was, ‘Man let me get some butter so I can put it on this burn.’ And I explained to him that’s the worst thing that you could ever put on a burn. You should never put butter on a burn,” Dr. Herbert told The Final Call in an exclusive interview. Applying butter on a burn can cause infection. The man continued to insist butter was the answer telling Dr. Hebert, “trust me.” “I said trust you? I’m a medical doctor and I’m telling you that you’re not supposed to put butter on a burn … everybody at the table disagreed with me,” said Dr. Hebert. That encounter led him to conduct a poll of 1,000 Black people across the country of varying socio-economic status and education levels. The results said Dr. Hebert was 85 percent thought butter was the correct first-aid remedy. “The lack of information is appalling and we know that whatever was out there is not working because the health disparities are increasing. If they’re increasing I just felt I had to do something,” continued Dr. Hebert, an award-winning medical journalist and regular contributor on the Dr. OZ Show. Indeed, the statistics are daunting. According to the Center for Disease Control (CDC), the news regarding Black Americans and optimum health is not good. Black men have higher rates of getting and dying from prostate cancer. Black women are 1.4 times more likely to die from breast cancer than White women. Blacks are more likely to die from asthma. An estimated 3.7 million or 14.7 percent of all non-Hispanic Blacks age 20 and older have diabetes, the leading cause of heart disease, stroke and kidney disease. In 2009 a staggering 44 percent of all new HIV infections were Black, despite being only 14 percent of the total U.S. population, and 45 percent of Black adults are obese. What makes BlackHealthTV.com unique is that it is not text heavy, but features video presentations with health tips, health news, recipes, and information on children’s health. Visitors to the site can also sign up to receive “health tips of the day” via email. Using modern technology is an opportunity for more access to information, and though Blacks still lag somewhat behind when it comes to the “digital divide,” the gap is closing. The Pew Research Center notes that 44 percent of Blacks are smart phone users and are more likely than Whites to use their cell phones for accessing Internet and multimedia content. The percentage of Blacks that use the Internet increased from 35 percent in 2000 to 71 percent in 2011, according to Pew. It is this reason; BlackHealthTV.com is formatted different than other health websites explained Dr. Hebert. “African Americans search for “health” more than any other group on the Internet and have downloaded more health apps for iPhones than any other group,” said Dr. Hebert, co-founder and CEO of the site. Other health sites are mostly written word, which can be intimidating to many, he explained. “I have friends that are Master’s degree people that really can’t decipher some of the stuff on WEB M.D., so the only way that an African American or any minority group or any majority group for that matter can get information and really understand it is if it’s delivered in a way that makes them feel very comfortable,” said Dr. Hebert. The online video concept grew from there he explained. “When I start off my videos about diabetes and they start off by saying, ‘You got sugar. Let me tell you what sugar is.’ It puts African Americans at rest about the anxiety about his or her diabetes because I’m speaking to them in a way that they understand and they can appreciate,” said the Baton Rouge, La. native who was raised by a single mother and went on to graduate Morehouse College and Meharry Medical College. Dr. Hebert said the most important thing to him is that for the first time, a Black person who may not be able to read can now access health information on demand. Through BlackHealthTV.com, Dr. Hebert plans to link up with other Black organizations. “That’s my goal. To partner with every Black organization in America and have our content be available to them on their website and any other way that they’d like to get it. We also envision in the long term to be able to have an actual television network called Black Health TV where we have all health content for African Americans, twenty-four seven,” said Dr. Hebert who specializes in pediatrics and emergency medicine. Making sure the Black community has easy to access information to guide them toward making wiser choices when it comes to their health is what drives Dr. Hebert, who has been featured also on the Discovery Channel, The Oprah Winfrey Show and other major networks. “I had never been to a classroom with Black people until I got to Morehouse College and that really changed my life and I knew at that point that I was going to have to take care of my people, at all cost. I don’t care what I have to do, I’m going to make sure that at the very least that an African American man or woman can make a poor choice but that poor choice that they make is based on the education that they have and that’s a choice that they’ve really made,” he explained. The poor health and dietary choices Black people continue to make, said Dr. Hebert are not based on education or fact, something he hopes will eventually change. “Before I die, you’re going to have all the facts in your mind and if you want to choose to do the wrong thing, that’s your choice. That’s what White people have; that’s what Hispanic people are being able to get right now; that’s what we need to have too and that’s the goal for me. To make sure that I empower every African American, or African for that matter, to have the health information that they need to make the right decisions for their health,” said Dr. Hebert. _____


By Starla Muhammad Special to the NNPA from The Final Call






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Why Bill Ackman Went on a Three-Hour Rant Against Herbalife






Is Herbalife (HLF) “the best-managed pyramid scheme in the history of the world,” as fund manager William “Bill” Ackman suggests? Is the maker of weight-loss and nutrition products being unfairly maligned by a man who will make money if investors flee the stock? Did you care about Herbalife before Ackman issued a marathon critique of its business on Dec. 20? You may well not own the stock, as it’s not exactly a blue chip play. But now that Herbalife Chief Executive Officer Michael Johnson and Ackman are blasting each other on the media circuit, the question is what to make of this drama.


This isn’t your typical short-seller’s fight. Start with the fact that Ackman presented his case against Herbalife at a special complimentary event hosted by the Sohn Conference Foundation. The Sohn Conference, now in its 17th year, famously brings together billionaire investors each summer to share their top investment picks and raise money for pediatric cancer research. This is the first time it has held an event featuring one person, according to organizers. The reason became clear at the end of Ackman’s three-hour show: Any money he makes on this bet will go to charity, with $ 25 million slated for Sohn regardless of how it turns out.






Why not make a ton of money and use just some of it for a good cause, as Ackman normally does? Because profiting from Herbalife’s alleged exploitation of its distributors feels like “blood money,” Ackman said. His goal: to let the Federal Trade Commission take this research and shut the company down. Herbalife’s Johnson, meanwhile, is calling on the U.S. Securities and Exchange Commission to pursue Ackman for “blatant market manipulation.”


The most intriguing thing about Ackman’s high-profile crusade against Herbalife is the fact that Ackman launched it. The founder of Pershing Square Capital Management is best known these days as an activist investor who buys up huge stakes in such companies as Canadian Pacific (CP), JC Penney (JCP), and Target (TGT) to force changes he hopes will drive up the stock price. While he made more than $ 1 billion by betting against bond insurer MBIA (MBI), Ackman prefers to put his money on businesses that can improve, vs. those poised to crash.


All the more reason to wonder why he has spent more than a year researching the case against a company that’s arguably an easy target. Multilevel marketing companies, from Avon (AVP) to Amway, have long dealt with criticism that they’re built on the backs of gullible distributors. People make an upfront investment to sell products on behalf of the company—usually to family and friends—in the hope that they’ll make a decent commission from the sales. Moreover, they’re rewarded for recruiting others to do the same. For most sellers, that system rarely leads to a lucrative income. For investors, the question is what portion of sales are fueled by signing up new recruits vs. selling to consumers who want the products.


In Herbalife’s case, Ackman contends, it’s not much. The model is so stretched worldwide—Ackman used the term “pancake scheme”—that Herbalife has resorted to selling weight loss products in Ghana. (With KFC (YUM) making major inroads there, that might not be a bad thing.) Ackman’s not the first to make that case. David Einhorn of Greenlight Capital, well-known for his success in shorting stocks, was asking tough questions of Herbalife’s management months ago. The SEC even looked into the matter.


Although Johnson was brimming with vitriol on Dec. 19, when the Herbalife CEO told CNBC that the world would be better off without Ackman, the company e-mailed a statement after the Sohn Conference presentation to say the inaccuracies were too “numerous” to address right now and to further complain about having been denied a chance to participate.


What we do know is that Bill Ackman hates this flavor of multilevel selling so much that he’s planning to put up a website to warn people against seeking a career through Herbalife. He’s used to being a shareholder’s friend in fighting management, not some villain who profits from others’ misfortune. Try telling that to Fidelity, Herbalife’s largest investor with more than 17 million shares in its funds. While a spokeswoman says the firm doesn’t comment on individual holdings, it has also been selling down its stake in recent months. Herbalife will need to find some fresh recruits.


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Wounded presage health crisis for postwar Syria






ATMEH, Syria (AP) — A baby boy joined the ranks of Syria’s tens of thousands of war wounded when a missile fired by Bashar Assad‘s air force slammed into his family home and shrapnel pierced his skull.


Four-month-old Fahed Darwish suffered brain damage and, like thousands of others seriously hurt in the civil war, he will likely need care well after the fighting is over. That’s something doctors say a post-conflict Syria won’t be able to provide.






Making things worse, there has been a sharp spike in serious injuries since the summer, when the regime began bombing rebel-held areas from the air, and doctors say a majority of the wounded they now treat are civilians.


This week, Fahed was recovering from brain surgery in an intensive care unit, his head bandaged and his body under a heavy blanket, watched over by Mariam, his distraught 22-year-old mother.


She said that after her first-born is discharged from the hospital in Atmeh, a village in an area of relative safety near the Turkish border, they will have to return to their village in a war zone in central Syria.


“We have nowhere else to go,” she said.


Even for those who have escaped direct injury, the civil war is posing a mounting health threat. Half the country’s 88 public hospitals and nearly 200 clinics have been damaged or destroyed, the World Health Organization says, leaving many without access to health care. Diabetics can’t find insulin, kidney patients can’t reach dialysis centers. Towns are running out of water-purifying materials. Many of the hundreds of thousands displaced by the fighting are exposed to the cold in tents or unheated public buildings.


“You are talking about a public health crisis on a grand scale,” said Dr. Abdalmajid Katranji, a hand and wrist surgeon from Lansing, Michigan, who regularly volunteers in Syria.


No one knows just how many people have been injured since the uprising against Assad erupted in March 2011, starting out with peaceful protests that turned into an armed insurgency in response to a violent government crackdown.


More than 43,000 have been killed in the past 21 months, said Rami Abdul-Rahman, head of the Britain-based Syrian Observatory for Human Rights, basing his count on names and details provided by activists in Syria. He said the number of wounded is so large he can only give a rough estimate, of more than 150,000.


Casualties began to rise dramatically at the start of the summer. At the time, the regime, its ground troops stretched thin, began bombing from the air to prevent opposition fighters from gaining more territory.


Seemingly random bombings have razed entire villages and neighborhoods, driving terrified civilians from their homes, with an estimated 3 million Syrians out of the country’s population of 23 million now displaced.


About 10 percent of the wounded suffer serious injuries and many of those will need long-term care and rehabilitation, said Dr. Omar Aswad of the Union of Syrian Medical Relief Organizations, an umbrella for 14 aid groups.


This includes artificial limbs and follow-up surgery. “This is of course not available and will be one of the major (health) problems in the months right after the war,” said Mago Tarzian, emergency director for the Paris-based Doctors Without Borders.


For now, aid groups are struggling to provide even emergency treatment in under-equipped clinics.


The two dozen small hospitals and field clinics in rebel-run areas of Idlib province in the north only have a few Intensive Care Unit beds between them, said Aswad. None has a CT scanner, an important diagnostic tool.


“We need generators, we need medical supplies and the most pressing is medicine,” he said.


The challenge has been compounded by new types of injuries.


The regime has begun dropping incendiary bombs that can cause severe burns, according to the New York-based Human Rights Watch, citing amateur video and witness accounts.


Ole Solvang, a researcher for the group, said he saw remnants of such a bomb on a recent Syria trip. Aswad said doctors in Idlib and nearby Aleppo province reported seeing patients with burns from such weapons.


Doctors and hospitals have also been targeted. Aswad, who fled the city of Idlib in March after regime forces entered it, said five friends in a secret association of anti-regime physicians have been arrested. Hospitals, ambulances and doctors have been attacked, Solvang said, calling it “a worrying trend that makes the medical situation even worse.”


One of the bright spots is a 50-bed emergency care clinic set up six weeks ago in a former elementary school in Atmeh.


Largely funded by a wealthy Syrian expatriate, the Orient clinic, with five ICU beds, handles some of the most serious cases in a radius of some 150 kilometers (90 miles), said its director, orthopedic surgeon Abdel Hamid Dabbak.


In the past, seriously wounded patients had to go to Turkey, risking dangerous delays at the border, he said. Now, once patients are stabilized in Atmeh, they are sent to a sister clinic across the border for follow-up care.


In Orient’s ICU, a 24-year-old rebel fighter was breathing oxygen through a mask. He had been brought in a day earlier, bleeding heavily from stomach wounds and close to death, said Dr. Maen Martini, a volunteer physician from Joliet, Illinois. After surgery, he stabilized and was taken off a respirator. A delayed crossing into Turkey would have killed him, Martini said.


The fighter’s neighbor was little Fahed, whose house had been struck by a missile on Saturday in the village of Kafr Zeita in Hama province. “The roof collapsed on us,” his mother said of the attack. “We ran out … I saw him bleeding from his head, but it was just a small cut.”


The local clinic said the injury was more serious than it seemed and the family rushed to Atmeh, more than 100 kilometers (60 miles) to the north.


Since surgery, Fahed has been nursing and has moved his arms and legs, and the doctor is hoping for a near-complete recovery.


“Clinically, he has improved dramatically,” he said.


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North Korean Video Game Has Western Ties






Video games represent a true luxury for most North Koreans living in a country where even the elite have only hours of electricity each day. That has not stopped a Western company in the capital city of Pyonyang from creating what may be the first North Korean game widely available online.


The game, called “Pyongyang Racer,” is a simple Web browser game that allows players to drive a car around North Korea’s capitol city of Pyongyang, according to Beijing Cream. Players must avoid hitting cars and collect gasoline in the form of petrol barrels to keep their run going as long as possible — all while getting warnings from one of Pyongyang’s famously picturesque traffic girls.






“Pyongyang Racer” has an unusual development history as a video game. The North Korean programmers who made the game work for Nosotek, a Western company that describes itself as the “first western IT venture” in North Korea.


Nosotek’s North Korean programmers previously made mobile-phone games based on the Hollywood films “The Big Lebowski” and “Men in Black.” Those games ended up getting published through a subsidiary of Rupert Murdoch‘s News Corp (owner of Fox News), according to Bloomberg News.


Nosotek claims to have “attracted the cream of local talent as the only company in Pyongyang offering Western working conditions and Internet access.” That would likely be true in North Korea, given the nuclear-armed country’s pariah status among Western countries and businesses.


The Nosotek website also praises the advantages of working in North Korea because “IP secrecy and minimum employee churn rate are structurally guaranteed.” Translation: North Korean programmers would likely never leave Nosotek with the company’s intellectual property secrets because they have practically no other employment options.


Nosotek built the game for Koryo Tours, a company based in Beijing, China, to distribute “Pyongyang Racer” through the Koryo Tours website. Koryo Tours is currently the leading company that runs tours of secretive North Korea for Westerners and other foreigners.


“This game was developed in 2012 and is not intended to be a high-end technological wonder hit game of the 21st century, but more a fun race game (arcade style) where you drive around in Pyongyang and learn more about the sites and get a glimpse of Pyongyang,” Koryo Tours said on the game’s website.


This story was provided by TechNewsDaily, a sister site to LiveScience. You can follow TechNewsDaily Senior Writer Jeremy Hsu on Twitter @jeremyhsu. Follow TechNewsDaily on Twitter @TechNewsDaily, or on Facebook.


Copyright 2012 LiveScience, a TechMediaNetwork company. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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Leah Remini sued by former managers over “Family Tools” commissions






LOS ANGELES (TheWrap.com) – Leah Remini‘s new TV gig is already giving her a headache, months before it even starts. Former “King of Queens” star Remini is being sued by her former managers, the Collective Management Group, which claims that it’s owed $ 67,000 in commissions relating to her upcoming ABC comedy “Family Tools,” which debuts May 1.


In a complaint filed with Los Angeles Superior Court on Tuesday, the Collective says that it entered into an agreement with the actress in November 2011 that guaranteed the company 10 percent of the earnings that emerged from projects that Remini “discussed, negotiated, contemplated, or procured/booked during Plaintiff’s representation of Remini,” regardless of whether the income was earned after she and the Collective parted ways.






According to the lawsuit, that would include the $ 1 million that it says Remini will earn for the first season of “Family Tools.” (The suit allows that it isn’t owed commission on a $ 330,000 talent holding fee that Remini received from ABC prior to officially being booked on the show.)


Remini, pictured above wearing the self-satisfied smirk of someone who just might stiff her former managers out of their commission, terminated her agreement with the Collective “without warning or justification” in October, the suit says.


Alleging breach of oral contract among other charges, the suit is asking for an order stipulating that it’s owed the $ 67,000, plus unspecified damages, interest and court costs.


Remini’s agent has not yet responded to TheWrap’s request for comment.


(Pamela Chelin contributed to this report)


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Allscripts names new CEO to spearhead recovery






(Reuters) – Embattled healthcare technology firm Allscripts named its board member and former chief operating officer of rival Cerner Corp Paul Black as its CEO, replacing Glen Tullman, and said it ended a review of strategic alternatives.


The move, effective immediately, raises new questions for the direction of Allscripts Healthcare Solutions Inc after activist shareholder HealthCor Management installed three of its nominees to the company’s board last summer, following a bitter fight with Tullman.






Allscripts has struggled to boost new business following its acquisition of Eclipsys Corp in 2010. It had hoped to expand into software and equipment for hospitals and healthcare systems with that purchase but ended up losing business to Cerner Corp and closely held Epic Systems Corp.


The company, which has been the subject of takeover interest, also said on Wednesday that Lee Shapiro would step down as president.


Allscripts shares, which have nearly halved in value this year, were down 19 percent at $ 8.70 in extended trade on Wednesday. They had closed at $ 10.68 earlier on the Nasdaq.


“Both Glen and the board of directors believe that after Glen’s 15 years of leadership, it is the right time now for a new leader to focus on execution, position the company to deliver shareholder value and lead Allscripts through its next phase of growth,” Allscripts spokeswoman Ariana Nikitas said.


Tullman’s resignation comes months after Healthcor cited problems with his leadership and demanded his ouster.


“I think Glen has been under a lot of pressure since the attempted coup by former board members and HealthCor demanded some changes and Allscripts agreed to put some of HealthCor’s appointees on the board,” said Anthony Vendetti, an analyst at Maxim Group, adding he has personally known Tullman since he became CEO.


Black left Cerner in 2007 after more than 12 years with the company, helping to make it a market leader with more than $ 1.5 billion of annual revenues and playing an instrumental role in its double-digit organic growth, Allscripts said.


“I think (Black) is the ideal candidate for CEO,” said Vendetti, who has a “buy” rating on Allscripts stock and a price target of $ 15.


“We view this news positively as Mr. Black is well regarded in the industry. With that said, we maintain our neutral rating for the time being,” Steven Halper of Lazard Capital Markets wrote in a note.


LONG ROAD TO GROWTH


Allscripts stock has fallen more than 42 percent this year amid weak bookings that hampered sales and profit.


The company withdrew its full-year outlook in November, as it began to consider strategic alternatives. Later that month, Reuters reported that Blackstone Group LP had emerged as the frontrunner to buy the company but that the two sides were far apart on price and a deal was highly uncertain, according to people familiar with the matter.


Black is no stranger to the buyout industry, having served as operating executive of Genstar Capital LLC, a private equity firm, and senior advisor at New Mountain Finance Corporation, an investment management company.


His background may come in handy as he seeks to turn around the company’s financial performance in a difficult environment for healthcare IT firms. These companies face a dwindling customer base as hospitals consolidate physician practices into their existing vendors.


“The expectation is that it will take some time (for the company) to fundamentally turn around its business,” analyst Vendetti said. He added that Allscripts’ main goal should be to re-establish client trust in their products and the ability to integrate their product portfolio.


A comment in the Allscripts statement from Tullman, who had been CEO since 1997, made no reference to the reasons for his departure. He said he was confident that Allscripts was in good hands and had a bright future ahead.


Analyst Halper said he remained concerned about the long-term growth prospects of the company.


“With the selection of Paul Black, hopefully the company can redefine its strategic direction,” Halper said.


(Additional reporting by Ransdell Pierson and Greg Roumeliotis in New York; Editing by Gary Hill, Saumyadeb Chakrabarty and Muralikumar Anantharaman)


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U.S. “fiscal cliff” talks turn sour, Obama threatens veto






WASHINGTON (Reuters) – Talks to avoid a U.S. fiscal crisis stalled on Wednesday as President Barack Obama accused opponents of holding a personal grudge against him while the top Republican negotiator called the president “irrational.”


As a year-end deadline nears, Obama and House of Representatives Speaker John Boehner are locked in intense bargaining over a possible deal to avoid the so-called fiscal cliff of harsh tax hikes and automatic spending cuts that could badly damage an already weak economy.






Obama said he was puzzled over what was holding up the talks and told Boehner‘s Republicans to stop worrying about scoring “a point against the president” or forcing him into concessions “just for the heck of it.”


“It is very hard for them to say yes to me,” he told a news conference in the White House. “At some point, you know, they’ve got to take me out of it.”


The rise in tensions threatens to unravel significant progress made over the last week.


Boehner and Obama have each offered substantial concessions that have made a deal look within reach. Obama has agreed to cuts in benefits for seniors, while Boehner has conceded to Obama’s demand that taxes rise for the richest Americans.


However, the climate of goodwill has evaporated since Republicans announced plans on Tuesday to put an alternative tax plan to a vote in the House this week that would largely disregard the progress made so far in negotiations.


On Wednesday, Obama threatened to veto the Republican measure, known as “Plan B,” if Congress approved it.


Boehner’s office slammed Obama for opposing their plan, which would raise taxes on households making more than $ 1 million a year and is a concession from longstanding Republican opposition to increasing any tax rates.


“The White House’s opposition to a backup plan … is growing more bizarre and irrational by the day,” Boehner said through his spokesman, Brendan Buck.


Boehner expressed confidence the House would pass the legislation on Thursday. He urged Obama to “get serious” about a balanced deficit reduction plan.


Wall Street is on edge over the fiscal cliff talks although investors still expect a deal. The S&P 500 stock index slipped 0.76 percent on Wednesday.


Business leaders have descended on Washington to lobby for a deal to avoid going over the cliff while putting public finances on a more sustainable path. Without an agreement to narrow deficits over the long run, the United States could eventually lose investors’ trust, triggering a debt crisis.


An acrimonious presidential campaign that culminated in Obama’s re-election on November 6 has added to the bad blood in Washington between Obama and congressional Republicans.


The two sides also clashed bitterly last year over the government’s limit on borrowing – known as the debt ceiling – an episode that nearly led the nation to default on its debt.


On Wednesday, Obama said the fiscal cliff must not get bogged down with negotiations over the debt ceiling, an issue that must be dealt with again early next year.


But Boehner’s offer to raise the debt ceiling enough for another year of borrowing is facing opposition from a large group of Republicans, a House Republican aide said.


LITMUS TEST


Any fiscal cliff agreement by Obama and the Republican leadership would need the support of their parties’ rank and file in Congress, and Thursday’s vote on Plan B will be a test of Boehner’s ability to deliver votes on any eventual deal.


Boehner faces opposition from Republican Tea Party conservatives over his concession to raise tax rates. But in a sign some conservatives are coming around to Boehner’s position, anti-tax activist Grover Norquist gave his blessing to the bill.


Other conservative groups, including the influential Club for Growth, are urging Republicans to vote against Plan B.


Obama and Boehner appear to have bridged their biggest ideological differences but remain hung up on the mix of tax hikes and spending cuts meant to narrow the budget gap.


“What separates us is probably a few hundred billion dollars,” Obama said.


The White House wants taxes to rise on household incomes above $ 400,000 a year, a concession from Obama’s opening proposal for a $ 250,000 income threshold.


If a deal is not reached soon, some $ 600 billion in tax hikes and spending cuts are set to begin next month.


Senior administration officials described negotiations as at a standstill and Obama warned he would ask everyone involved in the talks, “what it is that’s holding it up?”


Still, the top Republican in the Senate said a resolution to the stalemate could come by the end of the week.


“There’s still enough time for us to finish all of our work before this weekend, if we’re all willing to stay late and work hard,” said Senate Republican leader Mitch McConnell.


Many Democrats dislike the president’s offer to reduce benefits to seniors, although some political allies of Obama have given signs they feel they could swallow this concession.


“I don’t like these particular changes,” said Democratic Representative Chris Van Hollen, a member of the House leadership from Maryland. But he added: “What people are seeing is the president willing to compromise in order to get things done.”


(Additional reporting by Roberta Rampton, Thomas Ferraro and Vicki Allen; Kim Dixon and Richard Cowan; Writing by Jason Lange; Editing by Alistair Bell and Eric Beech)


Business News Headlines – Yahoo! News





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Worries grow in east Congo with fighter buildup






DAKAR, Senegal (AP) — Aid workers warned Wednesday that armed groups are setting up new front lines in and around the city of Goma in eastern Congo, where the U.N. said it now has documented at least 126 rape cases last month.


Thousands of fighters from the M23 rebel group withdrew several weeks ago from Goma, and the fighters have since taken steps toward negotiating with the Congolese government.






However, residents in Goma say M23 and other armed fighters are now positioning themselves in an around the city — including inside camps for people displaced by the violence.


The arrival of several thousand fighters within the last week is prompting fear among civilians, who already have experienced years of fighting and rebellions, said Tariq Riebl, Oxfam’s humanitarian coordinator there.


“They are very concerned — people are seeing this and they don’t know what it means,” he said. “I think what everyone is scared about is that it seems like people are ramping up, ramping up but for what purpose?”


Oxfam warns that more than 1 million people could come under attack if violence again flares in Goma, where more than 100,000 people already have fled from elsewhere in the region.


“Goma is typically the last refuge safe haven and now it’s being directly called into question. If Goma falls in a big battle, where are people going to go?” Riebl said.


“This is very, very disconcerting because you have a population of over 1 million people and if war were to break out, we’re looking at a horrific situation.”


The M23 rebel group, which is believed to be backed by neighboring Rwanda, is made up of hundreds of soldiers who deserted the Congolese army in April.


They took control of many villages and towns in the mineral-rich east over the last seven months, culminating in the seizure of Goma on Nov. 20. It took days of negotiations and intense international pressure, including from the U.N., for the thousands of fighters from M23 to finally withdraw from the regional capital.


The U.N. mission says it’s received allegations of serious rights violations, including killings and wounding of civilians, rape, looting, and forced recruitment of children, by elements of the M23 rebels in Goma and neighboring areas.


Congo’s armed forces are also blamed for a series of attacks as they fled Goma in retreat in late November.


The U.N. said Tuesday it now has been able to document at least 126 rapes during that period in the Minova area, about 60 kilometers (40 miles) south of Goma.


U.N. spokesman Martin Nesirky said that two Congolese soldiers so far have been arrested in connection with the rapes, while seven others had been implicated in looting in the area.


“The Congolese Armed Forces have started investigating those human rights violations,” he said. “The U.N. Mission is supporting the military justice procedure in conducting thorough investigations into these allegations to ensure that the perpetrators are identified and held accountable.”


Rape has long been used as a brutal weapon of war in eastern Congo, where both soldiers and various armed groups use sexual violence to intimidate, punish and control the population.


Africa News Headlines – Yahoo! News





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Kodak in $525 million patent deal, eyes bankruptcy end






(Reuters) – Eastman Kodak Co agreed to sell its digital imaging patents for about $ 525 million, a key step to bringing the photography pioneer out of bankruptcy in the first half of 2013.


The deal for the 1,100 patents allows Kodak to fulfill a condition for securing $ 830 million in financing.






The patent deal was reached with a consortium led by Intellectual Ventures and RPX Corp, and which includes some of the world’s biggest technology companies, which will license or acquire the patents.


Those companies are Adobe Systems Inc, Amazon.com Inc, Apple Inc, Facebook Inc, Fujifilm, Google Inc, Huawei Technologies Co Ltd, HTC Corp, Microsoft Corp, Research In Motion Ltd, Samsung Electronics Co Ltd and Shutterfly Inc, according to court documents.


Kodak still must sell its personalized and document-imaging businesses as part of the financing package, and also has to resolve its UK pension obligation.


Kodak said the patent deal puts it on a path to emerge from Chapter 11 in the first half of 2013.


“Our progress has accelerated over the past several weeks as we prepare to emerge as a strong, sustainable company,” said Antonio Perez, chairman and chief executive of the Rochester, New York-based company.


The patent portfolio was expected to be a major asset for Kodak when it filed for bankruptcy in January. An outside firm had estimated the patents could be worth as much as $ 2.6 billion.


Kodak’s patents hit the market as intellectual property values have soared and technology companies have plowed money into patent-related litigation.


For example, last year Nortel Networks sold 6,000 wireless patents in a bankruptcy auction for $ 4.5 billion and earlier this year Google spent $ 12.5 billion for patent-rich Motorola Mobility.


But Kodak’s patent auction dragged on beyond the initial expectation that it would be wrapped up in August. One patent specialist blamed those early, overly optimistic valuations, which he said encouraged Kodak’s team to set their sights too high.


“Unfortunately (Kodak management) was misled into thinking it was worth billions of dollars and it wasn’t,” said Alex Poltorak, chairman of General Patent Corp, a patent licensing firm. “I think they sold them at a very good price.”


He said after Google acquired Motorola, the search engine company no longer needed patents at any price, deflating the intellectual property market.


Kodak traces its roots to the 19th century and invented the handheld camera. But it has been unable to successfully shift to digital imaging.


It will likely be a different company when it exits bankruptcy, out of the consumer business and focused instead on providing products and services to the commercial imaging market.


The patent sale is subject to approval by the U.S. Bankruptcy Court in Manhattan.


The Kodak bankruptcy case is in Re: Eastman Kodak Co. et al, U.S. Bankruptcy Court, Southern District of New York, No. 12-10202.


(Reporting by Tom Hals in Wilmington, Delaware and Sruthi Ramakrishnan in Bangalore; Editing by Nick Zieminski,; John Wallace and Peter Galloway)


Tech News Headlines – Yahoo! News





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