Surgeon infected patients during heart procedure, Cedars-Sinai admits

A heart surgeon at Cedars-Sinai Medical Center unwittingly infected five patients during valve replacement surgeries earlier this year, causing four of the patients to need a second operation.

The infections occurred after tiny tears in the latex surgical gloves routinely worn by the doctor allowed bacteria from a skin inflammation on his hand to pass into the patients' hearts, according to the hospital. The patients survived the second operation and are still recovering, hospital officials said.

The outbreak led to investigations by the hospital and both the L.A. County and California departments of public health. The federal Centers for Disease Control and Prevention was also consulted.

Hospital officials called it a "very unusual occurrence" probably caused by an unfortunate confluence of events: the nature of the surgery, the microscopic rips in the gloves and the surgeon's skin condition. Valve replacement requires the surgeon to use thick sutures and tie more than 100 knots, which can cause extra stress on the gloves, they said.

Nevertheless, the hospital's goal is to have zero infections, said Harry Sax, vice chairman of the hospital's department of surgery. "Any hospital-acquired infection is unacceptable," he said.

The infections raise questions about what health conditions should prevent a surgeon from operating and how to get the best protection from surgical gloves. Surgeons with open sores or known infections aren't supposed to operate, but there is no national standard on what to do if they have skin inflammation, said Rekha Murthy, medical director of the hospital's epidemiology department. She added that there were also no national standards on types of gloves used, whether to wear double gloves or how many times surgeons should change those gloves during a procedure.

Healthcare-acquired infections are very common throughout the United States. Each year, infections cause 99,000 deaths in the country, including about 12,000 in California. Hospitals in the state are required to report certain infections to the California Department of Public Health. That reporting makes the public more aware of the quality of care provided at local hospitals and is an important tool for reducing infections, said Debby Rogers, deputy director of the department's Center for Health Care Quality.

Cedars-Sinai has low rates for hospital-acquired infections compared with the state and national average but has not performed as well on other surgical quality measures recently, according to the Leapfrog Group, an employer-backed nonprofit focused on healthcare quality. The organization gave the hospital a C rating last month on its national report card, down from an A in June, though it was not related to the infection outbreak.

"Clearly this hospital is making attempts to reduce infections, but they have more work to do," said Leah Binder, Leapfrog's chief executive.

Cedars-Sinai Medical Center conducts about 360 valve replacement surgeries each year and said infections occur in fewer than 1% of its cases — lower than the national average.

The hospital learned about the problem in June after three patients who had undergone valve replacement surgery showed signs of infection. Doctors diagnosed the patients with an infection called endocarditis. Concerned there might be a connection among the cases, epidemiologists analyzed the bacteria, staphylococcus epidermidis, and determined that it was an identical strain and therefore must have come from a single source. "It led to the question of gee, I wonder where it came from?" Murthy said.

Epidemiologists homed in on the surgeon with the skin inflammation. The bacteria matched, and then they made a surprising discovery: microscopic tears in the gloves typically worn by surgeons after performing valve replacement surgery. The surgeon, whose name was not released, was not allowed to operate again until he healed. He is still a member of the medical staff but no longer performs surgeries at the hospital.

The hospital soon found the same infection in two more patients. Officials also reached out to 67 patients who had heart valve replacements with the same surgeon but didn't find any other cases. One of the five infected patients was treated with antibiotics, and the other four had new valve replacement surgeries. Sax said the hospital apologized to the patients and has continued to monitor their health. The hospital has also covered the cost of their care, including follow-up treatment and all the related surgeries.

All surgeons doing valve replacements are now required to change gloves more frequently, officials said. Some surgeons are wearing double gloves during the operations, Sax said.

Following the outbreak, Cedars-Sinai did the proper follow-up to ensure the safety of their patients, said Dawn Terashita, a medical epidemiologist with L.A. County, who was notified in September. What occurred at Cedars-Sinai was an unintentional consequence of the surgery, she said.

"There is no way to keep a room entirely sterile and all the people in it sterile," she said. "You will always have risk of infection."

anna.gorman@latimes.com

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New Sony online store offers remote downloads to PlayStation and mobile devices

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Australia’s Gillard in spoof: Mayans were right, world is ending

CANBERRA (Reuters) – According to Australian Prime Minister Julia Gillard, the Mayans were right and the apocalypse is near.

In a spoof 50-second video appearance promoting a local radio station‘s breakfast show, Gillard provided hair-raising details that she said would come when the world ends this month, as the ancient Mayans calendar predicted.

With the straight face she often uses in a normal press conference, and surrounded by Australian national flags, Gillard addressed viewers as “My dear remaining fellow Australians.”

“The end of world is coming. It wasn’t Y2K, it wasn’t even the carbon price,” said Gillard firmly. “It turns out that the Mayan calendar is true.”

Y2K was the computer glitch feared globally just before the year 2000, while the carbon tax refers to a major controversial policy put forward by her Labour government in 2012.

She went into terrifying details about the end of the world such as “flesh-eating zombies” and “demonic hell beasts”, but then wooed her constituents with promises.

“If you know one thing about me it is this: I will always fight for you to the very end,” she said, but noted that there is also a bright spot.

“At least this means I won’t have to do Q&A again,” she said, referring to an Australian TV show where politicians usually have to face tough questions from the audience.

A spokesman for Gillard said the video, which was uploaded by radio station Triple J on Thursday and has already been viewed more than 232,000 times on YouTube, was simply a spoof.

“It’s just bit of fun,” he told Reuters. “It’s just a bit of humor for the end of the year. Nothing else.”

The video comes out in the wake of a phone hoax in which two Australian presenters from another local radio station called the hospital which is treating Prince William’s wife Kate and posed as Queen Elizabeth and Prince Charles to ask questions about her condition.

(Reporting By Maggie Lu Yueyang, editing by Elaine Lies)

Celebrity News Headlines – Yahoo! News

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Justices to Take Up Generic Drug Case

WASHINGTON — The Supreme Court said on Friday that it would decide whether a pharmaceutical company should be allowed to pay a competitor millions of dollars to keep a generic copy of a best-selling drug off the market.

Stephen Crowley/The New York Times

Ralph Neas, head of the Generic Pharmaceutical Association, said the case would alter the marketing of new generics.

The case could settle a decade-long battle between federal regulators, who say the deals violate antitrust law, and the pharmaceutical industry, which contends that they are really just settlements of disputes over patents that protect the billions of dollars they pour into research and development.

Three separate federal circuit courts of appeal have ruled over the last decade that the deals were allowable. But in July a federal appeals court in Philadelphia — which covers the territory where many big drug makers are based — said the arrangements were anticompetitive.

Both sides in the case supported the petition for the Supreme Court to decide the case, each arguing that the conflicting appeals court decisions would inject uncertainty into their operations.

By keeping lower-priced generic drugs off the market, drug companies are able to charge higher prices than they otherwise could. Last year, the Congressional Budget Office estimated that a Senate bill to outlaw those payments would lower drug costs in the United States by $11 billion and would save the federal government $4.8 billion over 10 years.

Senator Charles E. Grassley, an Iowa Republican who co-sponsored the Senate bill, which never came to the floor for a vote, praised the decision.

The Federal Trade Commission first filed the suit in question in 2009. Jon Leibowitz, chairman of the F.T.C., said, “These pay-for-delay deals are win-win for the drug companies, but big losers for U.S. consumers and taxpayers.”

Generic drug makers say that the payments preserve a system that has saved American consumers hundreds of billions of dollars.

“This case could determine how an entire industry does business because it would dramatically affect the economics of each decision to introduce a new generic drug,” Ralph G. Neas, president of the Generic Pharmaceutical Association, said in a statement. “The current industry paradigm of challenging patents on branded drugs in order to bring new generics to market as soon as possible has produced $1.06 trillion in savings over the past 10 years.”

The case will review a decision by the United States Court of Appeals for the 11th Circuit, based in Atlanta, which in the spring ruled in favor of the drug makers, Watson Pharmaceuticals and Solvay Pharmaceuticals. Watson had applied for federal approval to sell a generic version of AndroGel, a testosterone replacement drug made by Solvay.

While courts have long held that paying a competitor to stay off the market creates unfair competition, the pharmaceuticals case is different because it involves patents, whose essential purpose is to prevent competition.

When a generic manufacturer seeks approval to market a copy of a brand-name drug, it also often files a lawsuit challenging a patent that the drug’s originator says prevents competition.

Last year, for the third time since 2003, the 11th Circuit upheld the agreements as long as the allegedly anticompetitive behavior that results — in this case, keeping the generic drug off the market — is the same thing that would take place if the brand-name company’s patent were upheld.

Two other federal circuit courts, the Second Circuit and the Federal Circuit, have ruled similarly. But in July, the Third Circuit Court of Appeals said that those arrangements were anticompetitive on their face and violated antitrust law.

The agreements are also affected by a peculiar condition in the law that legalized generic competition for prescription drugs. That law, known as the Hatch-Waxman Act, gives a 180-day period of exclusivity to the first generic drug maker to file for approval of a generic copy and to file a lawsuit challenging the brand-name drug’s patent.

Brand-name drug companies have taken advantage of that law, finding that they can settle the patent suit by getting the generic company to agree to stay out of the market for a period of time. Because that generic company also has exclusivity rights, no other generic companies can enter the market.

Michael A. Carrier, a professor at Rutgers School of Law-Camden, said that while there were provisions in the law under which a generic company could forfeit that exclusivity, “they really are toothless in practice.”

One wild card could still prevent the Supreme Court from definitively settling the question. In granting the petition to hear the case, the Supreme Court said that Justice Samuel A. Alito Jr. recused himself, taking no part in the consideration or decision.

That opens the possibility that a 4-4 decision could result, upholding the lower court case that went against the F.T.C. and in favor of the drug makers. But it would leave the broader question for another day.

The case is Federal Trade Commission v. Watson Pharmaceuticals et al, No. 12-416.

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7.3 quake off Japan prompts tsunami warning

From the Associated Press

December 7, 2012, 1:05 a.m.

TOKYO—

A strong earthquake struck Friday off the coast of northeastern Japan in the same region that was hit by a massive earthquake and tsunami in March 2011. Authorities issued a warning of a possible tsunami.

The Japan Meteorological Agency said the earthquake had a preliminary magnitude of 7.3 and struck in the Pacific Ocean off Miyagi prefecture at 5:18 p.m. (0818 GMT). The epicenter was 6.2 miles beneath the seabed.

The warning said the tsunami could be as high as 2.19 yards.

NHK television broke off regular programming to warn that a strong quake was due to hit shortly before the earthquake struck. Afterward, the announcer repeatedly urged all near the coast to flee to higher ground.

Buildings in Tokyo swayed for at least several minutes.

The magnitude-9.0 earthquake and ensuing tsunami that slammed into northeastern Japan on March 11, 2011, killed or left missing some 19,000 people, devastating much of the coast. All but two of Japan's nuclear plants were shut down for checks after the earthquake and tsunami caused meltdowns at the Fukushima Dai-Ichi nuclear plant in the worst nuclear disaster since the 1986 Chernobyl disaster.

Immediately following Friday's quake, there were no problems at any of the nuclear plants operated by Fukushima Dai-Ichi operator Tokyo Electric Power Co., said a TEPCO spokesman, Takeo Iwamoto.

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Apple to return some Mac production to U.S. in 2013

SAN FRANCISCO/NEW YORK (Reuters) – Apple Inc plans to move some production of Macintosh computers to the United States from China next year, Chief Executive Tim Cook said in remarks published on Thursday, in what could be a important test of the nascent comeback in U.S. electronics manufacturing.

Apple makes the majority of its products, from Macs to the iPhone and iPad, in China, the world’s factory floor for electronics. But like other U.S. corporations, it has come under fire for relying on low-cost Asian labor and contributing to the decline of the U.S. manufacturing sector.

Cook did not say which Macintosh products will be produced in the United States. But the effort is expected to go well beyond simple final assembly of devices, with Apple and unnamed partners building most or all of the components in the United States as well.

The company will spend more than $ 100 million on the U.S. manufacturing initiative, Cook said in an interview with Bloomberg Businessweek, published on Thursday.

“This doesn’t mean that Apple will do it ourselves, but we’ll be working with people and we’ll be investing our money,” Cook said.

He told NBC’s “Rock Center” program, in an interview to be aired later Thursday, that only one of the existing Mac product lines would be manufactured exclusively in the United States.

Apple declined to comment beyond the interview.

Apple’s decision, hailed by some analysts as an important first step even if it affected a tiny fraction of its overall output, was dismissed by others who saw it as an opportunistic public relations ploy with little effect on jobs.

Some Apple suppliers were struggling to assess its impact.

“At the end of the day, Apple knows moving production to the U.S. means lower profits for Apple,” said a senior executive at Taiwan’s Quanta Computer Inc who declined to be named because of the companies’ business relationship.

“If Apple is really serious about moving production to the U.S., they would need to invest 10 times or even 100 times of that amount. We see only a minor impact on Apple suppliers.”

Cross Research analyst Shannon Cross said it made sense for Apple to bring some manufacturing back to the United States, because some components were already being produced there.

Also, while cheaper labor costs have been a key factor in encouraging U.S. manufacturers to move production to China, wages and other costs have risen sharply – particularly in the main coastal manufacturing centers. Labor costs, moreover, account for only a tiny portion of overall expenses: the research firm iSupply says the total cost, including labor, for final manufacturing of an iPhone 5 is just $ 8.

Experts estimate that the total base cost of all components that go into the gadget, or bill of materials, comes to around $ 200.

Cross pointed to other potential benefits of U.S. manufacturing, including mitigating the risk of intellectual property theft.

Cook has said in the past that he would like to see more of the company’s products assembled back home, but declining U.S. manufacturing expertise made that difficult. Apple makes applications processors for the iPad and iPhone via Samsung Electronics in Austin, Texas, and sources glass for the same devices from a Corning facility in Kentucky.

IHS iSuppli, a research firm that tracks supply chains, said the company now outsources production of notebook personal computers to Taiwan’s Quanta Inc and Foxconn, which also makes the iPhone and iPad, and Pegatron Corp. Foxconn and Quanta have U.S. facilities.

“Apple’s move appears to be a symbolic effort to help improve its public image, which has been battered in recent years by reports of labor issues at its contract manufacturing partners in Asia,” Craig Stice, senior principal analyst for computer systems at His. “However, given Apple’s high profile in the market, the company’s ‘insourcing’ initiative could compel other companies to follow suit and transfer production to the United States over the next few years.”

Apple’s stock rose 1.6 percent on Thursday, a tepid bounceback from Wednesday’s 6.4 percent dive that was its biggest single-day loss in almost four years.

MAKING STRIDES

Analysts say the stock, which has fallen steadily since September, has come under pressure from investors worried about the rapidly intensifying competition from Google Inc’s Android products.

Samsung, in particular, has emerged as a formidable competitor, chipping away at Apple’s dominance in the tablet market and leading the smartphone pack in China, where the U.S. company’s smartphone market ranking fell to No. 6 in the third quarter from No. 4 in the previous three months, research outfit IDC estimates.

Samsung’s stock has climbed 8 percent since the end of September.

Apple’s domestic manufacturing effort will likely buy the brand some goodwill at home, where the debate about off-shoring has heated up as the economy sputters along. It has also come under fire for excessive working hours and dismal conditions at Foxconn’s plants in China, and critics have accused Apple of helping to create a high-stress environment for migrant workers.

Beyond the marketing boost, some analysts said Apple could blaze a trail should it prove that American manufacturing of electronics can be profitable.

“It seems to me like a nice time for Apple to do something,” Gartner analyst Carolina Milanesi said. “If it can be a profitable business, and others follow, then Apple has shown the way.”

Others were skeptical that Apple’s latest move was much more than a symbolic gesture.

“Such a strategy has been used by other companies in the past, which had no actual impact on their outsourcing,” said Li Qiang, director of New York-based China Labor Watch, in an emailed statement.

“The key question is how many jobs (percentage of the entire workforce) and what kind of jobs (production or administration) are to be moved back. I don’t think Apple is ready to relocate a large percentage of its production jobs back to U.S.”

Earlier this year, Google made waves when it announced it would build its Nexus Q home entertainment streaming device – deemed by many analysts to be an experimental product – in the heart of Silicon Valley. Google said it hoped to speed up innovation on the device and improve time-to-market.

Lenovo Group Ltd – China’s largest PC maker – said this year it will move a limited amount of computer manufacturing to North Carolina, to be closer to the market.

“Lenovo’s announcement appears to have flown under the radar,” said Jeffrey Wu, senior analyst for OEM research at IHS.

“Apple is a company that is always in the spotlight, and the company’s image sets the standard in the PC world. If Apple is doing it, will others follow?”

(Additional reporting by Faith Hung in TAIPEI, Lucy Hornby in BEIJING and Lee Chyen Yee in HONG KONG; Editing by Maureen Bavdek, Richard Chang and Ken Wills)

Tech News Headlines – Yahoo! News

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Spotify gains more listeners and Metallica

(Reuters) – Digital music service Spotify rolled out new features and said it increased the number of active users at a press event that featured a special musical performance by Frank Ocean.

Spotify now has 20 million active users worldwide, up 33 percent in less than six months. The company counts five million people among paying subscribers, a 25 percent increase during the same time period.

Spotify also revealed it has one million paid subscribers in the United States, that it added a Twitter like functionality that allows users to follow one another, and that the rock band Metallica‘s music was now available on the service.

The company made the announcements at a splashy New York event on Thursday that included a conversation between Spotify backer Sean Parker and Metallica drummer Lars Ulrich.

Ulrich’s appearance is notable since his band was one of the leading crusaders against Napster, the digital music sharing company co-founded by Parker more than a decade ago that was a flashpoint for digital rights and artist compensation.

“We have more in common than the whole thing that happened 12 years ago,” said Ulrich about Parker.

Ulrich said the decision to join Spotify coincided with the fact the band now owns its entire catalogs of music.

Spotify, which strikes royalty deals with record labels, has paid more than $ 500 million to the music industry since its launch four years ago – an amount that has more than doubled in the past nine months. It pays roughly 70 percent of its revenue back to rights holders.

“The more music that gets shared the more money goes back to artists,” said Daniel Ek, CEO and co-founder of Spotify.

Spotify is a free on-demand streaming music service that is rising in popularity. People can pay to hear music without interruptions from advertising and the ability to play lists and preferences from any device any time.

The company has struck up a partnership with Facebook – Parker is Facebook’s founding president – that allows listener’s to display their music choices on their personal pages.

Streaming music services such as Spotify and Pandora are being carefully watched by the music industry concerned over the royalty payments.

For example, Pandora is pushing the Internet Radio Fairness Act, which would change how royalties are paid to artists. As of now, online streaming music companies like Pandora pay a different rate to license music than say traditional radio companies.

Many of music’s most notable names like Billy Joel and Rihanna are opposing the proposed change.

(Reporting By Jennifer Saba in New York)

Music News Headlines – Yahoo! News

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Baca shifts course on compliance with deportation program

Los Angeles County Sheriff Lee Baca has reversed his support for a controversial deportation program, announcing Wednesday that he will not comply with federal requests to detain suspected illegal immigrants arrested in low-level crimes.

The sheriff's dramatic turnaround came a day after California Atty. Gen. Kamala Harris issued a legal directive advising that compliance with the requests is discretionary, not mandatory.

Until then, Baca had insisted that he would honor the requests from U.S. Immigration and Customs Enforcement to hold some defendants for up to 48 hours. He was an outspoken opponent of the Trust Act, which would have required California law enforcement officials to disregard the requests in many cases, declaring that he would defy the measure if it passed.

Baca has also been sued by the American Civil Liberties Union for allegedly denying bail to immigration detainees.

Now, he appears ready to do more or less what was proposed in the Trust Act, which was vetoed by Gov. Jerry Brown in September.

The change of heart from Baca, a Republican in a heavily Democratic county, comes as GOP leaders are warming to immigration reform in an effort to counteract dismal support from Latino voters. Last month, Baca closed the 1,100-bed Mira Loma immigration detention center, which earned his agency up to $154 a day for each detainee, after contract negotiations with ICE broke down.

None of those considerations were at play, a Baca spokesman said. The sheriff's reversal was prompted solely by Harris' opinion, which contradicted advice from Los Angeles County attorneys that the requests were mandatory, said the spokesman, Steve Whitmore.

Baca joins Los Angeles Police Chief Charlie Beck, who announced a similar policy in October. San Francisco and Santa Clara counties also decline to honor some types of ICE holds.

The change may not take effect until early next year. Baca's staff must first flesh out the details of the new policy, which would apply only to those arrested in misdemeanors who do not have significant criminal records. The department would still honor federal detention requests for those accused of serious or violent crimes.

Under the federal Secure Communities program, all arrestees' fingerprints are sent to immigration officials, who flag suspected illegal immigrants and request that they be held for up to 48 hours until transfer to federal custody.

Secure Communities has come under fire for ensnaring minor offenders when its stated purpose is to deport dangerous criminals and repeat immigration violators. According to federal statistics, fewer than half of those deported in Los Angeles County since the program's inception in 2008 have committed felonies or multiple misdemeanors. Critics say immigrants have become fearful of cooperating with police.

"The last thing we want is victims to be frightened to come forward," Whitmore said.

ICE officials said Baca's new policy is in line with federal priorities and will affect only a "very small number" of cases.

"The identification and removal of criminal offenders and other public safety threats is U.S. Immigration and Customs Enforcement's highest enforcement priority," the agency said in a statement.

Immigrant rights advocates called Baca's announcement a long overdue breakthrough.

"This will send a very strong message nationwide that in ... the most multicultural city in the nation, the sheriff is there to protect and to serve, not to deport," said Jorge-Mario Cabrera, communications director for the Coalition for Humane Immigrant Rights of Los Angeles.

Supporters of the Trust Act, which was reintroduced in modified form by Assemblyman Tom Ammiano (D-San Francisco) earlier this week, said it is still necessary because detention policies should not vary by jurisdiction.

"It's imperative that California have a uniform statewide policy. It's essential that people not receive different treatment under the law as they're driving up and down the 5," said Chris Newman, legal director of the National Day Laborer Organizing Network.

Baca has not taken a position on the new Trust Act, which is likely to evolve during the legislative process, Whitmore said.

cindy.chang@latimes.com

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Apple’s shares swallow biggest loss in four years

NEW YORK/SAN FRANCISCO (Reuters) – Apple Inc shares tumbled more than 6 percent on Wednesday, chalking up their biggest single-day loss in four years as fears grow about intensifying competition in the mobile device market.

Investors and analysts blamed the sell-off on a mix of factors, including a forecast by an influential research firm that the iPad maker is continuing to cede ground to rival Google Inc’s Android gadgets, and unconfirmed reports that at least one major stock-clearing house was raising margin requirements on Apple stock trades.

Analysts also cited fears about a hike in the capital gains tax in 2013 in the event that ongoing Washington fiscal negotiations fail, as well as news that Nokia had beat Apple to the punch by striking a deal to sell its flagship Lumia through China Mobile, that country’s largest wireless carrier.

Wednesday’s drop rounded off a bleak 10 weeks for the most valuable U.S. company.

The stock was one of the day’s biggest percentage losers on the S&P 500, shedding $ 35 billion of market value as more than 37 million shares changed hands — blowing past the company’s average daily volume over 50 days of 21 million.

Apple‘s shares, once among the most desirable of portfolio holdings, have headed steadily lower since September on growing uncertainty about the company’s ability to fend off unprecedented competition. This year saw a surge in sales of Amazon.com Inc’s cheaper Kindle Fire and Microsoft Corp’s first foray into the tablet market with its Surface.

Meanwhile, Samsung Electronics continues to chip away at the iPad‘s dominance with its Galaxy line.

The assault on Apple‘s consumer-electronics home turf presents a stiff challenge for CEO Tim Cook, who was elevated shortly before the death of Silicon Valley legend Steve Jobs and is now charged with keeping the world’s largest technology company humming.

“This is not going to be a short-term trend. This is a management test, of how well they can perform without Steve Jobs,” said Brian Battle, director of trading at Performance Trust Capital Partners in Chicago. Referring to Apple‘s new iPad mini, which is only a smaller version of the existing iPad, Battle said the company needs “another home run” for shares to return to levels around $ 700.

“They need another new product that hits it out of the park. Without that, they could get a gradual grind-down in confidence,” he said.

On Wednesday, research firm International Data Corp said Apple most likely shed market share in the tablet computer space in 2012. Its worldwide tablet market share will slip to 53.8 percent in 2012 from 56.3 percent in 2011, while Android products would increase their share to 42.7 percent from 39.8 percent, IDC said.

Concerns that tax rates on dividends and capital gains may rise next year were also cited as contributing to the Apple sell-off.

The stock’s massive market value meant Apple was almost single-handedly responsible for Wednesday’s 1.1 percent decline in the Nasdaq 100 Index.

Apple is still up 33 percent this year, but is down nearly 24 percent from its record high of $ 705.07, hit on September 21. The stock slid more than 6.4 percent on Wednesday to close at $ 538.7923.

BEFUDDLING SLIDE

Some analysts were perplexed at the fall from favor in Apple stock, which has been a staple in almost all growth portfolios. The company is expected to deliver reliably high revenue and earnings expansion for years to come, and one in two tablets sold globally remains an iPad.

It is now gearing up for the introduction of its latest iPhone 5 and iPad mini in international markets. It will begin selling the iPhone 5 in 50 countries in December, including China and South Korea.

“Apple stock is significantly more volatile than its earnings and innovation stream,” said Daniel Ernst, analyst with Hudson Square Research. “And yet the wind blows slightly from the south instead of the east one particular morning, and the stock is down 6 percent.”

“It makes no sense. There are lines around the block for their products all around the world,” he added. “No other company has that.”

Separately, Nokia said it will partner with China Mobile, in a sales deal that will give the Finnish company an opportunity to win back Chinese market share from Apple‘s iPhone.

But some analysts continue to believe the dominant carrier in the world’s largest cellular market will eventually embrace the iPhone as well.

“China Mobile already carries multiple smartphones from multiple vendors. We continue to expect China Mobile to add the iPhone in the back half of 2013,” Piper Jaffray’s Gene Munster wrote in a research note.

While lines for the latest iPad model appeared lighter than usual when it hit stores in November, Apple said at the time that demand was so strong that it “practically sold out of iPad minis.” It sold 3 million of the new iPads — including the full-sized version — in the first three days on the market.

Some analysts suggested that investors also sold shares of Apple amid uncertainty over ongoing fiscal negotiations in Washington. If no agreement is reached on the issue, higher tax rates on dividends and capital gains are possible in 2013.

Investors who had hoped for a special dividend this year, as many other corporations have announced on expectations of higher tax rates next year, may be disappointed as time is running out.

“If you were expecting a special dividend by year end, that’s less likely to happen because its December 5,” said Colin Gillis, an analyst with BGC Partners.

The fear of higher taxes on capital gains also has prompted some investors to lock in profits now, particularly on a stock like Apple, which has posted gains of at least 25 percent for four consecutive years.

“Depending on what happens with the (U.S. fiscal negotiations), rates could rise next year or they could stay the same,” said Battle, of Performance Trust Capital. “They will not be lower, so if you’re an investor who has seen gains in Apple, it is better to take those gains this year rather than next.”

Tax selling “can take a life of its own,” said Tim Ghriskey, chief investment officer of Solaris Group in Bedford Hills, New York.

“Some taxable investors take the gains, that creates some negative momentum, institutional investors are heavily weighted the stock and reduce exposure.”

Some market participants also cited reports by media including CNBC, which Reuters could not confirm, that margin requirements on the trading of Apple stock had been raised by at least one clearing firm.

(Additional reporting by Charles Mikolajczak in New York and Doris Frankel in Chicago; Editing by Bernadette Baum, Andrew Hay, Leslie Adler and Ken Wills)

Gadgets News Headlines – Yahoo! News

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Sean Bean replaces Brendan Fraser in TNT pilot “Legends”

LOS ANGELES (TheWrap.com) – TNT‘s upcoming pilot “Legends” is getting a Stark makeover.

Sean Bean, who played ill-fated Lord of Winterfell Eddard Stark in HBO’s “Game of Thrones,” has signed on to replace Brendan Fraser in TNT’s upcoming pilot “Legends.”

Fraser dropped out of the pilot last month; the show would have marked his first starring turn on a TV series.

Bean will play Martin Odum, a deep-cover operative who has a chameleon-like ability to transform himself into a different person for each mission. The project is based on a book by spy novelist Robert Littell.

“Homeland” duo Howard Gordon and Alexander Cary are executive-producing the pilot, which comes from Fox 21, as are Jeffrey Nachmanoff (“The Day After Tomorrow”) and Jonathan Levin (“Charmed”).

Deadline first reported news of Bean’s “Legends” casting.

TV News Headlines – Yahoo! News

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Recipes for Health: Winter Squash and Walnut Spread — Recipes for Health

Andrew Scrivani for The New York Times

2 pounds pumpkin or winter squash, such as kabocha or butternut, seeds and membranes scraped away, cut into large pieces (if using butternut, cut in half crosswise, just above the bulbous bottom part, then cut these halves into lengthwise quarters and scrape away the seeds and membranes)

3 tablespoons extra virgin olive oil

1/2 medium onion, finely chopped

2 tablespoons finely chopped fresh mint

1/8 teaspoon freshly grated nutmeg

1/4 cup (1 1/4 ounces/35 g) lightly toasted walnuts, finely chopped

1 ounce Parmesan, grated (about 1/3 cup)

Salt and freshly ground pepper

1. Heat the oven to 425 degrees. Line a baking sheet with foil and oil the foil. Place the squash on the baking sheet and rub or toss with 1 tablespoon of the olive oil. Place in the oven and bake until tender, 40 to 60 minutes depending on the type of squash and the size of the pieces. Every 15 minutes use tongs to turn the pieces over so different surfaces become browned on the foil. Remove from the oven and allow to cool, then peel and place in the bowl of a food processor fitted with the steel blade. Pulse several times, scrape down the sides of the bowl, then purée until smooth.

2. Heat another tablespoon of the olive oil over medium heat in a large, heavy skillet and add the onion. Add a generous pinch of salt, turn the heat to medium low and cook, stirring often, until very tender, sweet and lightly caramelized, about 20 minutes. Remove from the heat and add to the squash. Add the mint, nutmeg, walnuts, Parmesan, and 1 tablespoon olive oil and pulse together. Season to taste with salt and pepper. Serve on croutons.

Yield: 2 cups

Advance preparation: This will keep for three to four days in the refrigerator and freezes well. It benefits from being made a day ahead.

Variation: Omit the Parmesan for a vegan version. If desired, blend in 1 to 2 teaspoons of light miso.

Nutritional information per tablespoon: 35 calories; 2 grams fat; 0 grams saturated fat; 1 gram polyunsaturated fat; 1 gram monounsaturated fat; 1 milligram cholesterol; 4 grams carbohydrates; 1 gram dietary fiber; 15 milligrams sodium (does not include salt to taste); 1 gram protein

Martha Rose Shulman is the author of “The Very Best of Recipes for Health.”

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Euro Watch: Spending Data Points to Continuing Woes in Euro Zone

PARIS — European consumers continue to cut back on spending, official data showed Wednesday, indicating that the region’s financial crisis and ailing job market were weighing on hopes of an economic recovery.

Retail sales in the 17-nation euro zone fell 1.2 percent in October from September, and were down 3.6 percent from a year earlier, Eurostat, the statistical agency of the European Union, reported Wednesday.

For the entire 27-nation European Union, sales declined 1.1 percent from September and 2.4 percent from October 2011, Eurostat said.

The big dip in retail sales was partly a result of front-loading of purchases before value-added taxes rose in some countries, said James Nixon, an economist in London for Société Générale.

The fiscal crisis in the euro zone and the austerity measures employed to combat it have made companies reticent about hiring, helping to drive the euro zone into recession in the third quarter. That has created a vicious circle, in which falling consumer spending is expected to weigh further on the economy.

A reading Wednesday on euro zone activity from a private data and analysis firm also suggested the economy continued to contract. Markit Economics’ composite purchasing managers’ index for November came in at 46.5. That was a bump upward from the 40-month low of 45.7 in October, but the 10th straight month below 50, a level that suggests shrinking output.

On Friday, Eurostat reported that unemployment in the euro zone rose to a record 11.7 percent in October from 11.6 percent a month earlier, and that the jobless rate among those under 25 years of age was 23.9 percent.

The European Commission on Wednesday expressed grave concern about the problem of youth unemployment, noting that just the immediate cost to governments — in terms of lost revenue and social outlays — worked out to an estimated €150 billion, or $196 billion, a year, or 1.2 percent of E.U. gross domestic product.

It recommended a new program to address the problem, with measures including job guarantees for young people, labor market changes to reduce obstacles to hiring across European borders, and further efforts to provide high-quality training and apprenticeship programs.

The European commissioner for employment and social affairs, Laszlo Andor, said in a statement that the cost of failing to help put young people to work would be “catastrophic.”

The European Central Bank and its British counterpart, the Bank of England, will hold policy meetings Thursday, and though signs of weakness would appear to give the central banks scope for action, neither is believed to be planning any major changes to current monetary policy.

Economists expect the E.C.B. to leave its main refinancing rate at 0.75 percent, while the Bank of England is expected to stand pat at 0.5 percent.

Action by the central banks has helped to calm markets and relieve the pressure on the euro, but conditions remain unsettled. As an indication of the stresses that have sent investors scurrying for the perceived safety of major sovereign bonds, yields on France’s 10-year sovereign debt fell on Wednesday to around 2 percent, the lowest level on record.

The dismal retail sales data came as the European Stability Mechanism, the euro zone’s permanent new bailout fund, said it had issued about €39.5 billion in bonds to cover the recapitalization of Spain’s banking sector.

Euro zone leaders agreed in June to provide up to €100 billion to help Spanish banks, which have been battered in the aftermath of a property bubble collapse and economic dislocation caused by austerity measures. The funds were originally raised by the bloc’s temporary bailout fund, the European Financial Stability Facility, and the transaction Wednesday represented an effective transfer of that money from the old facility to the permanent one.

The fund said that €37 billion would be handed over some time in December to the Spanish government’s own banking rescue fund, the FROB, to cover the needs of BFA-Bankia, Catalunya Banc, NCG Banco and Banco de Valencia. The FROB will use the remaining €2.5 billion to capitalize Spain’s “bad bank,” a company called Sareb that is being used to sift through soured assets.

The action Wednesday “is an important event as the E.S.M. has now started to actively fulfill its role as the permanent rescue mechanism for the euro zone,” Klaus Regling, the head of the European Stability Mechanism, said in a statement.

Mr. Nixon, of Société Générale, predicted that the euro zone economy would shrink in the fourth quarter at an annualized 1.2 percent rate, but said he expected some of the northern European economies, including Germany, to start pulling away from the laggards in 2013.

“We may have reached a bottom,” Mr. Nixon said, citing an easing of tension in the market for sovereign debt and smoother financing conditions. “At least things aren’t getting worse any faster.”

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L.A. fire chief blames slower response times on budget cuts

Los Angeles Fire Chief Brian Cummings turned the tables on City Council members Tuesday, blaming increased 911 response times on budget cuts approved by lawmakers.

"You gave us a budget," Cummings said during a nearly two-hour City Hall hearing. "We're giving you the most effective Fire Department that we can within that budget."

Cummings was summoned to appear before the council after he failed to produce a plan to improve service and response times, which have grown longer since budget cuts were ordered three years ago after the economic downturn.

The council asked for the blueprint in April. On Tuesday, Cummings was given an additional 60 days to submit the plan.

Cummings blamed the delay on the department's data problems, which have been the subject of multiple investigations by city auditors and outside experts. Years of response time data were found to be flawed and the LAFD has accurate data only for the last two to three months, Cummings said.

Reliable performance data from a longer period is needed before changes in the department deployment plan can be recommended, he said. Improvements will require more funding, he added.

"The simple answer is money," Cummings said. "The way we improve response times is by putting more resources in the field."

The department's performance has been under scrutiny since March when fire officials acknowledged producing inaccurate response time data that made it appear rescuers were getting to emergencies faster than they actually were.

Fire officials are dealing with other embarrassments. Federal officials are investigating whether confidential information was obtained illegally on hundreds of patients who rode in Fire Department ambulances, according to a city lawyer. The department also has been criticized by the city's top budget officials for going over its budget by millions of dollars.

On Tuesday morning, The Times reported on a YouTube video titled "Firehouse Burlesque Hula Hooping" showing a woman in high-heels and tight shorts dancing with a hoop at a Venice fire station. The video was a promotion for Hoopnotica, a fitness company. The firm's chief executive said the shoot was unplanned, lasted no more than 30 minutes and that no money changed hands.

Last year, firefighters from the same Venice firehouse and another station were investigated for allowing fire engines to be used in porn shoots. Shortly after those videos surfaced, the controversy spread to Cummings when the chief acknowledged that he once posed for racy photos with a bikini-clad woman when he was stationed in Venice as a captain.

Cummings said the department was investigating the hula hoop video. Councilman Mitchell Englander, who chairs the council's Public Safety Committee, said firehouse antics are "another part of the culture we have to change."

At the council meeting, Cummings and other fire officials reviewed the recent findings of a task force formed to examine the department's various data management troubles.

Councilman Eric Garcetti said he was happy the data problems were being addressed, but said he wanted a detailed plan for service improvements.

He also said the department needs stronger leadership. "I want somebody fighting for this department," he said. "Talk to your firefighters out there. They don't feel that is happening."

After the economic downturn, the council and Mayor Antonio Villaraigosa cut the LAFD's annual budget by $88 million — from $561 million in 2008 to $473 million in 2011.

The cuts led to service "brownouts," which took units out of service on a rotating basis, and which were eventually replaced by a new deployment plan. Cummings, an assistant chief at the time who oversaw development of the redeployment, predicted response times would match pre-recession levels following the changes. But investigations by The Times and City Controller Wendy Greuel found response times for medical emergencies have increased over the last four years.

Councilman Richard Alarcon admonished his colleagues, saying they should have known their budget cuts would lead to slower response times.

"Even Barry Bonds can't hit home runs with a plastic bat," said Alarcon, who voted against the cuts.

This spring, responding to concerns about the department's performance and the controversy over the accuracy of its data, lawmakers added back $40 million to the department budget. Cummings has requested an additional $50 million in next year's budget.

kate.linthicum@latimes.com

robert.lopez@latimes.com

ben.welsh@latimes.com

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Amazon launches Kindle content service for kids

NEW YORK (AP) — Amazon is launching a subscription service for children’s games, videos and books aimed at getting more kids to use its Kindle Fire tablet devices.

Amazon.com Inc. plans to announce Wednesday that the Kindle FreeTime Unlimited service will be available in the next few weeks as part of an automatic software update.

Amazon said subscribers will have access to “thousands” of pieces of content, though the company did not give a specific number. Kids will be able to watch, play and read any of the content available to them as many times as they want. Parents can set time limits, however.

The service, aimed at kids aged 3 to 8, will cost $ 4.99 per month for one child. It’ll cost $ 2.99 per child for members of Amazon Prime, the company’s premium shipping service. Amazon Prime costs $ 79 per year for free shipping of merchandise purchased in the company’s online store.

Family plans for up to six kids will cost $ 9.99 per month and $ 6.99 for Prime members.

The Kindle already allows for parental controls through its FreeTime service. Parents can set up profiles for up to six children and add time limits to control how long kids can spend reading, watching videos or using the Kindle altogether. With the content subscription service, kids can browse age-appropriate videos, games and books and pick what they want to see. They won’t be shown ads and will be prevented from accessing the Web or social media. Kids also won’t be able to make payments within applications.

Amazon is launching the service as competition heats up in the tablet market among Apple, Barnes & Noble, Microsoft and Samsung. Amazon’s strategy is to offer the Kindle at a relatively low price and make money selling the content.

Offering a subscription service aimed at kids helps set the Kindle apart from its many competitors.

“We hope that our devices are really, really attractive for families,” said Peter Larsen, vice president of Amazon’s Kindle business.

Gadgets News Headlines – Yahoo! News

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Hugh Hefner heads to altar again, with “runaway bride”

LOS ANGELES (Reuters) – Playboy founder Hugh Hefner is headed to the altar again – with the blonde Playmate who ditched him five days before their planned wedding in 2011.

Hefner, 86, and his former “runaway bride” Crystal Harris, 26, obtained a marriage license in Beverly Hills on Tuesday, Los Angeles County Recorder spokeswoman Elizabeth Knox said.

Celebrity website TMZ.com said the couple, who reunited earlier this year, are planning a New Year’s Eve wedding.

Harris was Playboy magazine‘s Miss December 2009 and appeared on the July 2011 cover of the adult magazine with a “runaway bride” sticker covering her bottom half.

In what was described at the time only as a “change of heart,” Harris dumped the magazine mogul and left his Playboy Mansion five days before a lavish June 2011 wedding before 300 guests.

This time around, the couple are playing it low-key, staying mum on their busy Twitter accounts with Hefner’s spokeswoman declining to confirm or deny their plans.

Hefner, founder of the Playboy adult entertainment empire, has been married twice before. He and his second wife Kimberley Conrad, also a former Playmate, divorced in 2010 after a lengthy separation. His first marriage to Mildred Williams ended in divorce in 1959. He has two children from each marriage.

(Reporting By Jill Serjeant)

Celebrity News Headlines – Yahoo! News

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Recipes for Health: Mediterranean Lentil Purée — Recipes for Health

Andrew Scrivani for The New York Times

The spicing here is the same as one used in a popular Egyptian lentil salad. The dish is inspired by a lentil purée that accompanies bread at Terra Bistro in Vail, Colo.

1/4 cup olive oil

1 large garlic clove, minced or pureed

1/2 teaspoon freshly ground cumin seeds

1/2 teaspoon freshly ground coriander seeds

1/8 teaspoon freshly ground cardamom seeds

1/4 teaspoon ground fenugreek seeds

3/4 cup brown or green lentils, washed and picked over

Salt and freshly ground pepper to taste

1 tablespoon plain low-fat yogurt (more to taste) or additional liquid from the lentils for a vegan version

Chopped cilantro for garnish (optional)

1. Combine 2 tablespoons of the olive oil and the garlic in a small frying pan or saucepan over medium heat. When the garlic begins to sizzle, add the spices. Stir together for about 30 seconds, then remove from the heat and set aside.

2. Place the lentils in a medium saucepan, cover by 1 to 2 inches with water, add a bay leaf, and bring to a boil. Add salt to taste, reduce the heat and cook until tender, 40 to 50 minutes. Remove the bay leaf. Taste and adjust salt. Place a strainer over a bowl and drain the lentils. Transfer to a food processor fitted with the steel blade.

3. Purée the lentils along with the garlic and spices. With the machine running add the additional olive oil and the garlic. Thin out as desired with the broth from the lentils. The purée should be very smooth; if it is dry or pasty, add more yogurt, broth, or olive oil. Taste and adjust salt. If desired add a few drops of lemon juice. Transfer to a bowl and sprinkle the cilantro over the top if desired, or spread directly on croutons or pita triangles.

Advance preparation: This will keep for four days in the refrigerator. You will probably need to moisten it with additional yogurt, olive oil or broth, and you may want to warm it and drizzle on a little more olive oil before serving.

Nutritional information per tablespoon: 31 calories; 2 grams fat; 0 grams saturated fat; 0 grams polyunsaturated fat; 1 gram monounsaturated fat; 0 milligrams cholesterol; 3 grams carbohydrates; 1 gram dietary fiber; 1 milligram sodium (does not include salt to taste); 1 gram protein

Martha Rose Shulman is the author of “The Very Best of Recipes for Health.”

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Los Angeles and Long Beach Ports to Reopen After Strike

LOS ANGELES — After an eight-day strike that crippled the ports of Los Angeles and Long Beach, clerical workers from a local office of the International Longshore and Warehouse Union on Tuesday night agreed to a new contract with the terminal operators at the ports. Union members will return to work Wednesday morning.

As the strike dragged into its second week, both sides had come under increasing pressure from local officials to end the dispute, which had threatened to derail the Southern California economy during the holiday season. Officials from the Port of Long Beach estimated that $650 million in trade has been idled each day of the strike and a federal mediator arrived on Tuesday to help broker a deal.

“I am pleased to announce that an agreement has been reached between labor and management that will bring to an end the eight-day strike that has cost our local economy billions of dollars,” Los Angeles Mayor Antonio Villaraigosa said in a statement released Tuesday night. “With the strike now ending, we must waste no time in getting the nation’s busiest port complex’s operations back up to speed.”

Although only about 600 clerical workers had been participating in the strike, they managed to shut down 10 of the 14 shipping container terminals at the two ports, because thousands of longshoremen from the union would not cross the picket lines.

“This victory was accomplished because of support from the entire family of 10,000 members” of the International Longshore and Warehouse Union in the harbor community, Robert McEllrath, the president of the union, said in a statement announcing the agreement.

Neither the union nor the terminal operators offered details of the new contract agreement on Tuesday night.

Steve Getzug, a spokesman for the Harbor Employers Association, which represents the terminal operators, said the union voted on the proposal from the employers on Tuesday shortly before the federal mediator arrived. He added that the deal included “some compromise on staffing issues that were important to the employers.”

“And, importantly, a deal has been reached,” Mr. Getzug said. “The longshoremen expected to return 7 a.m., ready to get the cargo moving again.”

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No word from Supreme Court on gay marriage cases

WASHINGTON — The Supreme Court justices are not exactly facing the "fiscal cliff," but they will be under more pressure this week to decide which gay marriage cases they will rule on this term.

They discussed the pending appeals at their private conference on Friday, but announced no decisions. The justices will try again at their weekly conference this Friday, the last such meeting before the long holiday recess.

It is not uncommon for the justices to discuss an appeal for two or more weeks before voting to grant it. The gay marriage question is complicated because there are 10 pending appeals, including a defense of California's Proposition 8, which bans same-sex marriage.

Eight of the appeals ask the court to rule on the constitutionality of the Defense of Marriage Act, which bars federal benefits to legally married gay couples. Judges in New England, New York and California have declared this provision unconstitutional because it denies gays and lesbians equal protection of the laws.

The Supreme Court has a duty to rule when a major federal law has been struck down in one part of the nation. But it is not clear which case the court should decide.

The first ruling on the issue arose when Nancy Gill, a postal worker from Massachusetts, sued because she could not include her female spouse on her healthcare plan. She won, but Justice Elena Kagan may be forced to sit out that case because she worked on it as solicitor general, potentially setting up a 4-4 tie.

In October, Solicitor Gen. Donald Verrilli Jr. advised the court that the New York case of Edith Windsor "now provides the most appropriate vehicle" for deciding the constitutional question. It was filed after Kagan had stepped aside from the Justice Department.

Windsor and her partner, Thea Spyer, lived together for more than 40 years and married in Canada in 2007. When Spyer died in 2009, she left her estate to Windsor, but the Internal Revenue Service assessed Windsor $363,000 in estate taxes, saying she did not qualify as a "surviving spouse."

But because Windsor and Spyer were married in Canada, they may not serve as the proper stand-ins for the other plaintiffs who were legally married in one of the states.

Massachusetts has raised a third complication. State Atty. Gen. Martha Coakley filed a separate appeal and urged the court to decide the issue on states' rights grounds. Since marriage has always been a matter of state law, she argued, the Defense of Marriage Act violates the 10th Amendment, which protects the powers of the states.

If the court sees a problem with the Gill or Windsor cases, it could opt to decide similar cases involving federal benefits brought by same-sex couples from Connecticut, New Hampshire, Vermont and California.

Once the justices decide which of the Defense of Marriage Act cases to hear, they must decide whether to go further and rule on California's Proposition 8 and the potentially broader issue of the right to marry for gay couples. If the court votes to hear the case, the justices will decide by next summer on whether the state's ban on gay marriage violates the Constitution's guarantee of equal protection of the laws.

If the court turns down the appeal, it will clear the way for gay marriages to resume in California, but without setting a national precedent.

In addition, Arizona has asked the court to revive a state measure that denies benefits to the domestic partners of state employees — a case known as Brewer vs. Diaz.

The court's recent practice has been to announce on Friday afternoon which cases have been granted a review, and to announce on Monday the appeals that were turned down.

david.savage@latimes.com

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Judge gives initial OK to revised Facebook privacy settlement

(Reuters) – A U.S. judge on Monday gave his preliminary approval to a second attempt by Facebook Inc to settle a class action lawsuit which charges the social networking company with violating privacy rights.

U.S. District Judge Richard Seeborg in California rejected a settlement in August over Facebook‘s ‘Sponsored Stories’ advertising feature, questioning why it did not award money to Facebook members for using their personal information.

But in a ruling handed down Monday, Seeborg said a revised settlement “falls within the range of possible approval as fair, reasonable and adequate.”

In a revised proposal, Facebook and plaintiff lawyers said users now could claim a cash payment of up to $ 10 each to be paid from a $ 20 million total settlement fund. Any money remaining would then go to charity.

The company also said it would engineer a new tool to enable users to view content that might have been displayed in Sponsored Stories and opt out if they desire, a court document said.

If it receives final approval, the proposed settlement would resolve a 2011 lawsuit originally filed by five Facebook Inc members.

The lawsuit alleged the Sponsored Stories feature violated California law by publicizing users’ “likes” of certain advertisers without paying them or giving them a way to opt out. The case involved over 100 million potential class members.

A spokesman for Facebook said the company was “pleased that the court has granted preliminary approval of the proposed settlement.” Lawyers for the plaintiffs weren’t immediately available for comment Monday evening.

Outside groups and class members will have a chance to object to the latest settlement before Seeborg decides whether to grant final approval. A hearing on the fairness of the deal has been set for June 28, 2013. The case in U.S. District Court, Northern District of California is Angel Fraley et al., individually and on behalf of all others similarly situated vs. Facebook Inc, 11-cv-1726.

(Reporting by Jessica Dye; Editing by Michael Perry)

Tech News Headlines – Yahoo! News

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Matt Damon, Alec Baldwin, Don Cheadle Sign on for James Cameron’s Climate-Change Doc

LOS ANGELES (TheWrap.com) – James Cameron‘s climate-change documentary “Years of Living Dangerously” has lined up some high-level talent to get its message across. Matt Damon, Alec Baldwin and Don Cheadle have signed on to narrate the documentary, Showtime – which will air the project over multiple episodes next year – said Monday.

Actor Edward Norton is also expected to come aboard, Showtime said, with additional talent to be announced.

As previously reported exclusively by TheWrap, Cameron is teaming with producer and noted philanthropist Jerry Weintraub on the project, which will report on first-person accounts of people who’ve been affected by global warming. Cameron and Weintraub will executive “Years of Living Dangerously,” along with Arnold Schwarzenegger.la

“60 Minutes” producers Joel Bach and David Gelber are also executive-producing, along with climate expert Daniel Abbasi.

“The recent devastation on the East Coast is a tragic reminder of the direct link between our daily lives and climate change,” Showtime Networks’ president of entertainment David Nevins said. “This series presents a unique opportunity to combine the large-scale filmmaking styles of James Cameron, Jerry Weintraub and Arnold Schwarzenegger – arguably some of Hollywood’s biggest movie makers – with the hard-hitting, intimate journalism of ’60 Minutes’ veterans Joel Bach and David Gelber. I believe this combination will make for a thought-provoking television event.”

“We’ll make it exciting,” added Cameron. “We’ll make it investigative. We’ll bring people the truth. And people are always hungry for the truth.”

In addition to the narrators, “Years of Living Dangerously” will use reporting from the field, with New York Times journalists Thomas Friedman and Nicholas Kristof, columnist Mark Bittman and MSNBC host Chris Hayes.

“Years of Living Dangerously” will air over six to eight one-hour episodes, Showtime said.

Movies News Headlines – Yahoo! News

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With Some Hospitals Closed After Hurricane Sandy, Others Pick Up Slack

A month after Hurricane Sandy struck New York City, unexpectedly shutting down several hospitals, one Upper East Side medical center had so many more emergency room patients than usual that it was parking them in its lobby.

White and blue plastic screens had been set up between the front door and the elevator banks in the East 68th Street building of that hospital, NewYork-Presbyterian/Weill Cornell. The screens shielded 10 gurneys and an improvised nursing station from the view of people obliviously walking in and out of the soaring, light-filled atrium.

“It’s like a World War II ward,” Teri Daniels, who had been waiting a day and a half with a relative who needed to be admitted, said last week.

Since the storm, a number of New York City hospitals have been scrambling to deal with a sharp increase in patients, forcing them to add shifts of doctors and nurses on overtime, to convert offices and lobbies to use for patients’ care, and even, in one case, to go to a local furniture store to buy extra beds.

At Beth Israel Medical Center, 11 blocks south of the Bellevue Hospital Center emergency room, which was shuttered because of storm damage, the average number of visits to the E.R. per day has risen to record levels. Visits have increased by 24 percent this November compared with last, and the numbers show no sign of dropping. Hospital admissions have risen 12 percent compared with last November.

Most of the rise in volume is from patients who had never been to Beth Israel before. An emergency room doctor at the hospital described treating one patient who said he had been born at Bellevue and had never before gone anywhere else.

Emergency room visits have gone up 25 percent at NewYork-Presybterian/Weill Cornell, which in Bellevue’s absence is the closest high-level trauma center — treating stab wounds, gun wounds, people hit by cars and the like — in Manhattan from 68th Street south. Stretchers holding patients have been lined up like train cars around the nursing station and double-parked in front of stretcher bays.

In Brooklyn, some patients in Maimonides Medical Center’s emergency room who need to be admitted are waiting two or three days for a bed upstairs, instead of four or five hours. Almost every one of the additional 1,100 emergency patients this November compared with last November came from four ZIP codes affected by the storm and served by Coney Island Hospital, a public hospital that was closed because of storm damage.

The number of psychiatric emergency patients from those same ZIP codes has tripled, in a surge that began three days before the hurricane, perhaps fueled by anxiety, as well as by displacement from flooded adult homes or programs at Coney Island Hospital, doctors said.

The Maimonides psychiatric emergency room bought five captain’s beds — which do not have railings that can be used for suicide attempts — at a local furniture store, to accommodate extra patients. The regular emergency room had to buy 27 new stretchers after the hurricane, “and we probably need a few more,” the department’s chief, Dr. John Marshall, said.

The emergency room and inpatient operations of four hospitals remain closed because of flooding and storm damage. Besides Bellevue and Coney Island, NYU Langone Medical Center and the VA New York Harbor Healthcare System, both near Bellevue on the East Side of Manhattan, are closed.

While the surge in traffic to other hospitals has been a burden, it has also been a boon, bringing more revenue.

On the Upper East Side, the storm has helped Lenox Hill Hospital, which has a history of financial problems. It took two or three wards that had been turned into offices and converted them back to space for patients. Emergency room visits are up 10 percent, and surgery has been expanded to seven days a week from five.

“We usually operate at slightly over 300 beds, and now we’re at well over 550,” Carleigh Gustafson, director of emergency nursing, said.

Conversely, administrators at the shuttered hospitals, especially NYU Langone, a major teaching center, worry that their patients and doctors are being raided, with some never to return.

NYU’s salaried doctors are being paid through January, on the condition that they do not take another job. But at the same time, they need a place to practice, so NYU administrators have been arranging for them to work as far away as New Jersey until the hospital reopens. Lenox Hill alone has taken on close to 300 NYU doctors, about 600 nurses, and about 150 doctors in training, fellows and medical students.

Obstetricians and surgeons from the closed hospitals have been particularly disadvantaged, since they are dependent on hospitals to treat their patients. Many displaced surgeons have been reduced to treating only the most desperately ill, and operating on nights and weekends, when hospitals tend to be least well staffed.

“I think there’s no question that a lot of people have postponed anything that they can postpone that is elective,” said Dr. Andrew W. Brotman, senior vice president at NYU.

In mid-November, Dr. Michael L. Brodman, chairman of obstetrics at Mount Sinai Medical Center, sent out a memo saying his department had taken on 26 NYU physicians, as well as nurses and residents, but “clearly, that is too much for us to handle long term.”

Since then, 15 of the physicians have gone to New York Downtown Hospital, while Mount Sinai has retained 11 doctors and 26 nurses.

“We are guests in other people’s homes,” Dr. Brotman of NYU said, “and we are guests who have to some degree overstayed their welcome.”

Joanna Walters contributed reporting.

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Terms of Greek Bond Buyback Top Expectations

LONDON — In a bold bid to reduce its debt burden, Greece offered on Monday to spend as much as 10 billion euros to buy back 30 billion euros of its bonds from investors and banks.

While the buyback had been expected, the prices offered by the government were above what the market had forecast, with a minimum price of 30 euro cents and a maximum of 40 cents, for a discount of 60 percent to 70 percent.

Analysts said they expected that the average price would ultimately be 32 to 34 euro cents, a premium of about 4 cents above where the bonds traded at the end of last week.

Pierre Moscovici, the French finance minister, played down concerns that the Greek debt buyback might not go as planned.

“I have no particular anxiety about this,” Mr. Moscovici said Monday at the European Parliament ahead of the meeting in Brussels of euro zone finance ministers to discuss Greece. “It just has to be very quick.”

A successful buyback is critical for Greece. The International Monetary Fund has said that it will lend more money to Greece only if it is reasonably able to show that it is on target to achieve a ratio of debt to annual gross domestic product of less than 110 percent by 2022.

Greece will have at its disposal 10 billion euros, or $13 billion, in borrowed money from Europe. Investors who agree to trade in their Greek bonds will receive six-month treasury bills issued by Europe’s rescue vehicle, the European Financial Stability Facility. The offer will close Friday.

If successful, the exchange will retire about half of Greece’s 62 billion euros in debt owed to the private sector. The country still owes about 200 billion euros to European governments and the I.M.F.

Analysts said that Greek, Cypriot and other government-controlled European banks, which have as much as 20 billion euros worth of bonds, were expected to agree to the deal at a price in the low 30s. That would mean that to complete the transaction, hedge-fund holdings of 8 billion to 10 billion euros in bonds would have to be tendered at a price below 35 cents. Any higher price would mean that Greece would have to ask its European creditors for extra money — an unlikely outcome at this stage.

Even though Greece is so close to bankruptcy, its bonds have become one of the hot investments in Europe. Large hedge funds, like Third Point and Brevan Howard, have accumulated significant stakes, starting this summer when the bonds were trading in the low teens. Shorter-term traders have been snapping up bonds at around 29 cents to make a quick profit by participating in the buyback.

In a research note published Monday, analysts at Nomura in London said it was “reasonable and likely” that enough hedge funds — especially those that might be more risk-averse and or have a shorter perspective — would agree to the deal at a price below 35 cents.

But there are also foreign investors looking to the longer term who may decide to hold onto most of their holdings in the hope that the bonds rally even more after a successful buyback.

“I think the bonds could go to as high as 40 cents in a nonexit scenario,” said Gabriel Sterne, an analyst at Exotix in London, referring to the consensus view that Greece will not leave the euro zone anytime soon.

Bondholders were encouraged by comments from Chancellor Angela Merkel of Germany, reported in the German news media over the weekend, that raised the possibility that European governments might offer Greece debt relief in the future. A number of bondholders expect Greek bond yields to trade more in line with those of Portugal in the coming years, but without the prospect of a future buyback to push up the prices of Greek government bonds, the risk to such an approach is substantial.

Jean-Claude Juncker, the president of the group of finance ministers whose countries use the euro, told a news conference late Monday in Brussels that ministers would meet again on the morning of Dec. 13 to make a final decision on aid disbursement to Greece.

Mr. Juncker said he was confident that Greece would receive its money on that date, but he declined to comment on the prospects for success of the buyback program because it was a sensitive matter for the financial markets.

Mr. Juncker has been the president of the group of ministers since 2005, and the post gives him significant power over what is discussed at the group’s meetings.

Mr. Juncker reiterated at the news conference that he would step down at the end of this year or at the beginning of next year. But he declined to signal his preference for any particular successor.

“I don’t have to endorse anyone,” Mr. Juncker said. “I was asking my colleagues to provide for my succession,” he said, referring to discussions held with ministers earlier in the evening.

Separately, Spain, which is also seeking to overcome crippling debt problems, began the process Monday of formally requesting 39.5 billion euros in emergency aid to recapitalize its banks. It also announced that a tax amnesty had yielded only 1.2 billion euros, less than half what the government had expected.

The request for emergency aid was being sent to authorities managing the euro zone bailout funds, according to Spanish officials, who added that no further approval would be needed from ministers meeting in Brussels.

The request follows the European Commission’s approval last week of a plan to make the granting of the aid conditional on thousands of layoffs and office closings at four Spanish banks: Bankia, Catalunya Banc, NCG Banco and Banco de Valencia.

James Kanter contributed reporting from Brussels.

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