Emanuel explores Midway privatization

Mayor Rahm Emanuel's administration will explore the possibility of privatizing Midway Airport but will take a shorter-term, more tightly controlled approach than was employed by former Mayor Richard Daley's team on the city's first go-round.

Chicago's last try, a 99-year lease that would have brought in $2.5 billion, died in 2009 when the financial markets froze up.

The city's latest intentions are expected to be formally announced Friday, ahead of a Dec. 31 deadline for deciding whether to retain a slot for Midway in the Federal Aviation Administration's airport privatization pilot program. The city put off this decision several times previously.

The move, preliminary as it is, is sure to be politically charged, given the anger over the way Daley's 75-year parking meter privatization deal has played out, with proceeds used to plug operating deficits and meter rates rising sharply.

With that historical backdrop, Emanuel is suggesting a more conservative approach. It includes a shorter-term lease of less than 40 years; a "travelers' bill of rights" aimed at ensuring any changes will benefit passengers; and a continuing stream of revenue for the city, giving it a shot to capture some growth.

And unlike the parking meter and Chicago Skyway lease deals, a new Midway transaction would not allow proceeds to be used to plug operating deficits or to pay for operations in any way, Emanuel said in an interview Thursday.

"I will not let the city use it as a crutch to not make the tough decisions on the budget," he said.

But while a shorter lease and greater city control may play well locally, those sorts of terms may not appeal to investors, experts said in interviews this month.

"The shorter the lease term, the lower the bid prices are going to be — that's just the math," said Steve Steckler, chairman of the Infrastructure Management Group, a Bethesda, Md.-based company that advises infrastructure owners and operators. "I'd be shocked if investors offered more than $2 billion for a 40-year lease," Steckler said.

Emanuel said: "Nobody knows until you talk to people. … I'm the mayor and I'm not agreeing to … 99 years. I'm saying it's either 40 years or less." His office has not offered an estimate of what such a deal could bring in, saying it would be premature.

"No final decisions have been made, but we can't make a decision until we evaluate fully if this could be a win for Chicagoans," Emanuel said.

A private operator would take over management of such revenue-producing activities as food, beverage and car rental concessions and parking lots. The FAA would continue to provide air traffic control, while the Transportation Security Administration would continue to provide security operations. The city would retain ownership.

Few details were provided about how privatization would affect travelers and Midway employees. Emanuel said specifics will emerge over time.

By year's end, the city will send the FAA a preliminary application, a timetable and a draft "request for qualification," a document the city will put out early next year to identify qualified bidders for the project. A review of the potential bidders will be conducted in the spring.

Last year, Emanuel expressed hesitation in pursuing a private lease for Midway unless a careful vetting process was in place, saying taxpayers were correct to be wary, given the city's history.

The evaluation process will be deliberate and open to public view, he said Thursday.

He pledged to create a committee of business, labor and civic leaders that will provide updates to the public on a regular basis and that will select an independent adviser to vet the transaction. The committee will deliver a report to the City Council, and there will be a 30-day review period before any vote.

"I set up a different process and a different set of principles that stand in stark contrast to what was discussed or done in the past," Emanuel said.

The FAA pilot program frees cities from regulations that require airport revenue to be used for airport purposes. It allows money to be withdrawn for other uses.

Read More..

Hot plate sparked fire that killed 2 kids, fire department says

A 3-year-old boy and 2-year-old girl died this morning after they and two other children were left home alone in the Englewood neighborhood, officials say. (Posted Dec. 22nd, 2012)

A young boy and girl died in a fire this morning after they and two other children were left home alone in the Englewood neighborhood on the South Side, officials say.

The girl, 2, and the boy, 3, were found in a back bedroom after firefighters cut through burglar bars on the brick and stone two-flat in the 6400 block of South Paulina Street.

"Please, sergeant, please," a relative pleaded with an officer outside the home. "They're 2 and 3 years old."

A hot plate being used for heat sparked the fire while the four children, alone in the apartment, slept in two bedrooms, according to fire officials. Police said the children's mother and aunt were being questioned.

The surviving children, a 7-year-old boy and his 4-year-old brother, were rescued by an aunt and interviewed by investigators at a neighbor's home.

Darnell, 7, said he and Marquis, 4, had fallen asleep watching Batman cartoons. The two other children -- his 2-year-old sister and 3-year-old cousin -- were asleep in another bedroom. When he woke up, the fire was already burning.

"When the fire started, everything shut off," Darnell said.

The boy said he and Marquis were in a bedroom by the kitchen and "the fire was in the front room where the couch is at. When we saw the fire, it was like in the front room, then it was by the bathroom door."

Darnell said his aunt came rushing through the front door. "When (she) saw the fire, she called all our names. When I opened the door, she told me, 'Come on, the fire's getting closer.' I coughed, my auntie was choking. My sister was banging on the door.

"When we got outside, police passed us, then drove backward and came up because there was a fire," he said.

Darnell and Marquis were brought to a neighbor's house, where investigators from the Bomb and Arson unit and the Office of Fire Investigations (OFI) talked to them.

The investigator from OFI squatted down while talking to the boys. Only Darnell spoke. Marquis was quiet the entire time. Darnell spoke to a Tribune reporter afterward as he sat with four neighbors, all adults, in their home.

The children were later taken into protective custody by the Department of Children and Family Services.

When firefighters arrived around 3:30 a.m., they weren't able to get into the home because of intense heat and fire, a Chicago Fire Department official said. Fire was heavy throughout the basement and first floor, he said.

Firefighters cut through burglar bars on the windows, he said.

Firefighters eventually found the two children cuddled up in a bed, fire officials said at a news conference.

The basement windows were all shattered. A white Christmas tree, smudged with smoke, stood near front room window.

A neighbor told an investigator that the second-floor tenants recently moved out of the brick and stone two-flat.

pnickeas@tribune.com

Twitter: @PeterNickeas

Read More..

Massive PC, Console Game Discounts Ring in Holiday Season

Black Friday, the day right after Thanksgiving, is normally the day associated with electronics sales. And while the proponents of “Cyber Monday” and “Small Business Saturday” have tried to get in on the action, it’s still common knowledge that Thanksgiving weekend is the best time to upgrade your PC or console game arsenal. Right?

Not according to online game retailers. Discounts of up to 80 percent off a game’s retail price are taking place across the web, especially in online stores which offer games in the form of digital downloads (which cost nothing to make extra copies of). Here’s a look at just a few of the sales going on right now, for Windows and Linux PCs, Macs, game consoles, and mobile devices.

Steam (Windows, Linux, Mac)

The annual Steam Holiday Sale is under way, and it’s not just blowing hot air. Complete collections of every Steam game from publishers including Valve are on sale for around the price of one retail title, and individual games can be bought from each bundle for only a few dollars. Each day new sales are available, and most of them are massive, percentage-wise. They’re tied to a personal Steam account (which will always be linked to the original name they were created with), but can be bought as gifts for others.

Also check out: Amazon.com’s PC download sales, many of which are fulfilled through Steam and are discounted about as much. Amazon’s lineup also includes many casual games, of the “$ 10 store discount rack” variety.

Humble Indie Bundle 7 (Windows, Linux, Mac)

The Humble Bundle crew has been offering cross-platform, name-your-own-price bundles of indie games for several years now, and their seventh numbered offering is timed right for the holiday season. Bundles are giftable, the games can be played on Steam, and you can choose how much of your purchase price goes to game developers and how much goes to select charities.

PlayStation Network (PS3, PSP, Vita)

Console gamers aren’t being left out. The PSN Holiday Essentials sale is putting “more than 40 titles” on sale over the next three weeks, with a new selection available every week and even lower prices available to PlayStation Plus members.

Also check out: The Xbox Live Countdown to 2013 sale, with a “Daily Deal” every day until the end of the year.

Other sales

Game publishers SEGA and Square-Enix are discounting many of their most popular titles. SEGA’s holiday sale includes PSN, Xbox Live, Android and iOS titles, with most of its mobile games selling for $ 0.99. Meanwhile, the Square-Enix Winter of Mobile sale page lists huge discounts on iPhone and iPad games, while Android Police blogger Jeremiah Rice has put together a list of which Square-Enix Android games are on sale.

Jared Spurbeck is an open-source software enthusiast, who uses an Android phone and an Ubuntu laptop PC. He has been writing about technology and electronics since 2008.
Linux/Open Source News Headlines – Yahoo! News

Title Post: Massive PC, Console Game Discounts Ring in Holiday Season
Rating:
100%

based on 99998 ratings.
5 user reviews.
Author: Fluser SeoLink
Thanks for visiting the blog, If any criticism and suggestions please leave a comment

Read More..

Alan Ball’s ‘Banshee’ Screeches Onto Cinemax in January

LOS ANGELES (TheWrap.com) – “True Blood” creator Alan Ball‘s new television series “Banshee” will premiere January 11 at 10 p.m. on Cinemax, the network said Thursday.

The drama, which is executive-produced by Ball and “House M.D.” executive producer Greg Yaitanes, centers on ex-con and master thief Lucas Hood (played by “Rush” star Anthony Starr), who assumes the identity of the sheriff of Banshee, Pa., where he continues his criminal ways while being hunted by a team of gangsters from his past. Ivana Milicevic (“Charlie’s Angels”) and Ulrich Thomsen (“The Celebration”) also star.

Series writers Jonathan Tropper and David Schickler also executive-produce, along with Peter Macdissi.

The pilot episode will re-air at 11:05 p.m. and 12:10 a.m., with additional re-airings on January 12, 13, 14, 15, 16 and 30.

TV News Headlines – Yahoo! News

Title Post: Alan Ball’s ‘Banshee’ Screeches Onto Cinemax in January
Rating:
100%

based on 99998 ratings.
5 user reviews.
Author: Fluser SeoLink
Thanks for visiting the blog, If any criticism and suggestions please leave a comment

Read More..

Genetic Gamble : New Drugs Aim to Make Cells Destroy Cancer

C.J. Gunther for The New York Times

Dr. Donald Bergstrom is a cancer specialist at Sanofi, one of three companies working on a drug to restore a tendency of damaged cells to self-destruct.

For the first time ever, three pharmaceutical companies are poised to test whether new drugs can work against a wide range of cancers independently of where they originated — breast, prostate, liver, lung. The drugs go after an aberration involving a cancer gene fundamental to tumor growth. Many scientists see this as the beginning of a new genetic age in cancer research.

Great uncertainties remain, but such drugs could mean new treatments for rare, neglected cancers, as well as common ones. Merck, Roche and Sanofi are racing to develop their own versions of a drug they hope will restore a mechanism that normally makes badly damaged cells self-destruct and could potentially be used against half of all cancers.

No pharmaceutical company has ever conducted a major clinical trial of a drug in patients who have many different kinds of cancer, researchers and federal regulators say. “This is a taste of the future in cancer drug development,” said Dr. Otis Webb Brawley, the chief medical and scientific officer of the American Cancer Society. “I expect the organ from which the cancer came from will be less important in the future and the molecular target more important,” he added.

And this has major implications for cancer philanthropy, experts say. Advocacy groups should shift from fund-raising for particular cancers to pushing for research aimed at many kinds of cancer at once, Dr. Brawley said. John Walter, the chief executive officer of the Leukemia and Lymphoma Society, concurred, saying that by pooling forces “our strength can be leveraged.”

At the heart of this search for new cancer drugs are patients like Joe Bellino, who was a post office clerk until his cancer made him too sick to work. Seven years ago, he went into the hospital for hernia surgery, only to learn he had liposarcoma, a rare cancer of fat cells. A large tumor was wrapped around a cord that connects the testicle to the abdomen. “I was shocked,” he said in an interview this summer.

Companies have long ignored liposarcoma, seeing no market for drugs to treat a cancer that strikes so few. But it is ideal for testing Sanofi’s drug because the tumors nearly always have the exact genetic problem the drug was meant to attack — a fusion of two large proteins. If the drug works, it should bring these raging cancers to a halt. Then Sanofi would test the drug on a broad range of cancers with a similar genetic alteration. But if the drug fails against liposarcoma, Sanofi will reluctantly admit defeat.

“For us, this is a go/no-go situation,” said Laurent Debussche, a Sanofi scientist who leads the company’s research on the drug.

The genetic alteration the drug targets has tantalized researchers for decades. Normal healthy cells have a mechanism that tells them to die if their DNA is too badly damaged to repair. Cancer cells have grotesquely damaged DNA, so ordinarily they would self-destruct. A protein known as p53 that Dr. Gary Gilliland of Merck calls the cell’s angel of death normally sets things in motion. But cancer cells disable p53, either directly, with a mutation, or indirectly, by attaching the p53 protein to another cellular protein that blocks it. The dream of cancer researchers has long been to reanimate p53 in cancer cells so they will die on their own.

The p53 story began in earnest about 20 years ago. Excitement ran so high that, in 1993, Science magazine anointed it Molecule of the Year and put it on the cover. An editorial held out the possibility of “a cure of a terrible killer in the not too distant future.”

Companies began chasing a drug to restore p53 in cells where it was disabled by mutations. But while scientists know how to block genes, they have not figured out how to add or restore them. Researchers tried gene therapy, adding good copies of the p53 gene to cancer cells. That did not work.

Then, instead of going after mutated p53 genes, they went after half of cancers that used the alternative route to disable p53, blocking it by attaching it to a protein known as MDM2. When the two proteins stick together, the p53 protein no longer functions. Maybe, researchers thought, they could find a molecule to wedge itself between the two proteins and pry them apart.

The problem was that both proteins are huge and cling tightly to each other. Drug molecules are typically tiny. How could they find one that could separate these two bruisers, like a referee at a boxing match?

In 1996, researchers at Roche noticed a small pocket between the behemoths where a tiny molecule might slip in and pry them apart. It took six years, but Roche found such a molecule and named it Nutlin because the lab was in Nutley, N.J.

But Nutlins did not work as drugs because they were not absorbed into the body.

Roche, Merck and Sanofi persevered, testing thousands of molecules.

At Sanofi, the stubborn scientist leading the way, Dr. Debussche, maintained an obsession with p53 for two decades. Finally, in 2009, his team, together with Shaomeng Wang at the University of Michigan and a biotech company, Ascenta Therapeutics, found a promising compound.

The company tested the drug by pumping it each day into the stomachs of mice with sarcoma.

Read More..

Emanuel explores Midway privatization

Mayor Rahm Emanuel's administration will explore the possibility of privatizing Midway Airport but will take a shorter-term, more tightly controlled approach than was employed by former Mayor Richard Daley's team on the city's first go-round.

Chicago's last try, a 99-year lease that would have brought in $2.5 billion, died in 2009 when the financial markets froze up.

The city's latest intentions are expected to be formally announced Friday, ahead of a Dec. 31 deadline for deciding whether to retain a slot for Midway in the Federal Aviation Administration's airport privatization pilot program. The city put off this decision several times previously.

The move, preliminary as it is, is sure to be politically charged, given the anger over the way Daley's 75-year parking meter privatization deal has played out, with proceeds used to plug operating deficits and meter rates rising sharply.

With that historical backdrop, Emanuel is suggesting a more conservative approach. It includes a shorter-term lease of less than 40 years; a "travelers' bill of rights" aimed at ensuring any changes will benefit passengers; and a continuing stream of revenue for the city, giving it a shot to capture some growth.

And unlike the parking meter and Chicago Skyway lease deals, a new Midway transaction would not allow proceeds to be used to plug operating deficits or to pay for operations in any way, Emanuel said in an interview Thursday.

"I will not let the city use it as a crutch to not make the tough decisions on the budget," he said.

But while a shorter lease and greater city control may play well locally, those sorts of terms may not appeal to investors, experts said in interviews this month.

"The shorter the lease term, the lower the bid prices are going to be — that's just the math," said Steve Steckler, chairman of the Infrastructure Management Group, a Bethesda, Md.-based company that advises infrastructure owners and operators. "I'd be shocked if investors offered more than $2 billion for a 40-year lease," Steckler said.

Emanuel said: "Nobody knows until you talk to people. … I'm the mayor and I'm not agreeing to … 99 years. I'm saying it's either 40 years or less." His office has not offered an estimate of what such a deal could bring in, saying it would be premature.

"No final decisions have been made, but we can't make a decision until we evaluate fully if this could be a win for Chicagoans," Emanuel said.

A private operator would take over management of such revenue-producing activities as food, beverage and car rental concessions and parking lots. The FAA would continue to provide air traffic control, while the Transportation Security Administration would continue to provide security operations. The city would retain ownership.

Few details were provided about how privatization would affect travelers and Midway employees. Emanuel said specifics will emerge over time.

By year's end, the city will send the FAA a preliminary application, a timetable and a draft "request for qualification," a document the city will put out early next year to identify qualified bidders for the project. A review of the potential bidders will be conducted in the spring.

Last year, Emanuel expressed hesitation in pursuing a private lease for Midway unless a careful vetting process was in place, saying taxpayers were correct to be wary, given the city's history.

The evaluation process will be deliberate and open to public view, he said Thursday.

He pledged to create a committee of business, labor and civic leaders that will provide updates to the public on a regular basis and that will select an independent adviser to vet the transaction. The committee will deliver a report to the City Council, and there will be a 30-day review period before any vote.

"I set up a different process and a different set of principles that stand in stark contrast to what was discussed or done in the past," Emanuel said.

The FAA pilot program frees cities from regulations that require airport revenue to be used for airport purposes. It allows money to be withdrawn for other uses.

Read More..

Captured bank robber makes polite appearance in court

Hezekiah Harper-Bey, 19, describes what he saw last night when FBI agents and Chicago police arrested Joseph Banks, who escaped from federal jail earlier this week. (Posted on: Dec. 21, 2012)

After a brazen escape and three days on the run, Joseph “Jose” Banks was quiet and respectful in court today as he made his initial appearance following his capture overnight on the North Side.

Banks, who was shackled at his wrists and ankles, answered questions from U.S. Magistrate Judge Sidney Schenkier politely – a sharp contrast to his defiant behavior during his trial last week on bank robbery charges in the same Dirksen U.S. Courthouse.

A lawyer did not fight Banks’ detention, knowing that would be futile for a convicted bank robber who had just made a daring escape early Tuesday from a federal jail in the South Loop, scaling down from some 15 stories with a rope fashioned from bedsheets.

Attorney Beau Brindley, who formerly represented Banks on the bank robbery charges and stood with him in court today, called his client a “mild-mannered” individual whose statements at trial were misconstrued as threats toward the court system.

“This is not a violent person,” Brindley told reporters after Banks’ court appearance. “He’s a talented artist and clothing designer.”

Brindley said the news media had misreported Banks’ comment when he told U.S. District Judge Rebecca Pallmeyer after his conviction: “You’ll hear from me.”
 
Brindley said that was a reference to post-trial motions Banks intended to file.
 
“That statement was taken totally out of context,” Brindley said.

Banks faces one count of escaping federal custody that carries a sentence of up to 5 years in prison on conviction. He also faces sentencing in March for his conviction last week on two bank robberies and two attempted holdups.

Banks was taken into custody by FBI agents and Chicago police around 11:30 p.m. Thursday in the 2300 block of North Bosworth Avenue, according to the FBI.

A neighbor, the Rev. Baggett Collier, said she heard a loud bang and looked out her window.

"We heard a big boom first," she said. "We thought a transformer burst or there was a traffic accident. Later, my daughter called and said police were out there. I went out and I saw him. He was cuffed. His head was down. I didn't hear him say anything. They got him into the wagon peacefully. The police were pretty calm bringing him out.

"He was just normal," Collier added. "There were so many police there."

She said agents also took into custody a man who was living in the townhouse where Banks was found. He also was in handcuffs and placed in another squadrol. "A really good guy, well-disciplined, somebody a mother would be proud of."

The man and his two teen-aged sons live in the townhouse with a woman and her two younger sons, Collier said. "Very humble people, they take very good care of their children."

Collier said she saw the woman last evening at a neighborhood store. "She seemed nervous and upset," she said. "Looking back, it's like she wanted to tell me something but was afraid to say anything. She had gotten what she wanted and just stood there. I said, 'How you doing?' She said, 'OK.' But you know when something doesn't seem right. I believe she might have been afraid."

Collier said she was shocked by the arrest. "I had talked to my daughter yesterday. I told her, 'I don't want you walking in the neighborhood because those robbers are out there.' "

Hezekiah Harper-Bey, 19, was watching television in his bedroom when he noticed a man outside wearing a white T-shirt and blue shorts. He heard a “loud boom” and looked outside to see the FBI with their guns pointed at the man, who turned out to be Banks.

“Then I saw him run past a little field and into a house,” he said. Harper-Bey said he walked outside and saw Banks in handcuffs.

“He had a white T-shirt with blue shorts. I saw him but I didn’t pay him no mind,” he said. “I just started to watch TV. That's when I heard the loud boom and that’s when I looked, then I put two and two together. I’m like, that was the bank robber. I never knew I could get the $60,000 (reward). I watched the news so I seen his face, so I knew it was him when I saw him.”

Banks was using a cell phone just minutes before the arrest, Harper-Bey said. “I thought he was a regular person who lived around here,” he said. “Then I saw the FBI with their guns pointed out and they said he ran into a house. Then I went downstairs before he got into the wagon. That's when I saw him.

"It was like 30, 20 of them (FBI agents). There was a lot of them," Harper-Bey said. "He was in handcuffs, tied to the back. There were like three cops with him.

"Before he came out, they (FBI agents) came out with a shoebox and I’m thinking it’s the money. Two seconds later, he came out," Harper-Bey said. "He didn’t put up a fight."

He said he had not noticed Banks in the neighborhood before. Harper-Bey said he believes Banks had stayed inside the townhouse for days and no one in the neighborhood suspected he was there.

Another witness, Colm Marron, said he stepped out of a bar on Fullerton Avenue and saw about a half-dozen unmarked police cars gathering in the Walgreens parking lot around the corner from the building.

“They flew out, just down there,” he said, motioning from inside the bar toward Bosworth Avenue. Seconds later he heard a “huge bang.”

“I was surprised how loud the bang was. It wasn’t like any thunder I’ve ever heard,” he said. “There wasn’t any echo to it, just that loud, off the bat.”

A few minutes later, a handful of marked Chicago police cars arrived, he said.

Banks and his cellmate, Kenneth Conley, both convicted bank robbers awaiting sentencing, were last accounted for at 10 p.m. Monday during a routine bed check at the Metropolitan Correctional Center, authorities said.

About 7 a.m. Tuesday, jail employees arriving for work saw ropes made from bedsheets dangling from a hole in the wall near the 15th floor. The two had put clothing and sheets under blankets in their beds to throw off guards making nighttime checks, authorities said.

Cameras mounted to the side of the 28-story federal jail captured Banks and Conley sliding down the building shortly after 2:30 a.m. Tuesday, according to an employee who wished to remain anonymous.

The men left view briefly, but it was believed they landed on the roof of a garage below. Moments later, footage from a different camera showed them hopping a black fence marking the perimeter of the property, the employee said.

The FBI said a surveillance camera a few blocks from the jail showed the men, wearing light-colored clothing, hailing a taxi at Congress Parkway and Michigan Avenue. They also appeared to be wearing backpacks, according to the FBI.

The manhunt for the inmates included several high-profile raids Tuesday in the southwest suburbs of Tinley Park and New Lenox, where Conley's family and associates lived. Conley is still unaccounted for as of Friday morning.

A $50,000 reward for information leading to the capture of the two fugitives was announced by the FBI.

Read More..

RIM shares dive as fee changes catch market off guard

(Reuters) – Shares of BlackBerry maker Research In Motion Ltd dropped 20 percent on Friday on fears that a new fee structure for its high-margin services segment could put pressure on the business that has set the company apart from its competitors.

The shares were still more than 80 percent above the year’s low, which was hit in September. They started to rally in November as investors began to bet that RIM’s long-awaited new BlackBerry 10 phones, to be launched in January, would turn the company around.

The services segment has long been RIM’s most profitable and accounts for about a third of total revenue. Some analysts said there was a risk that the fee changes could endanger its service ecosystem and leave the Canadian company as just another handset maker.

The fee changes, which RIM announced on Thursday after the close, overshadowed stronger-than-expected quarterly results. The company said the new pricing structure would be introduced with the BlackBerry 10 launch, expected on January 30.

RIM said some subscribers would continue to pay for enhanced services such as advanced security. But under the new structure, some other services would account for less revenue, or even none at all.

Chief Executive Thorsten Heins tried to reassure investors in a television interview with CNBC on Friday, saying RIM’s “service revenue isn’t going away”.

He added: “We’re not stopping. We’re not halting. We’re transitioning.”

Since taking over at RIM in January, Heins has focused on shrinking the company and getting it ready to introduce its new BB10 devices, which RIM says will help it claw back ground it has lost to competitors such as Apple Inc and Samsung Electronics.

But the news of the new services pricing strategy came as a shock to markets, and some analysts cut their price targets on RIM stock.

RIM will not be able to sustain profitability by relying on its hardware business alone, said National Bank Financial analyst Kris Thompson, whom Thomson Reuters StarMine has rated the top RIM analyst based on the accuracy of his estimates of the company’s earnings.

Thompson downgraded RIM’s stock to “underperform” from “sector perform” and cut his price target to $ 10 from $ 15.

Forrester Research analyst Charles Golvin said the move was likely about stabilizing market share: “At the moment, they need to stem the bleeding.”

He said the tiered pricing might line up better with RIM’s subscriber base as it expands in emerging economies.

RIM’s Nasdaq-listed shares were down 19.8 percent at $ 11.32 on Friday afternoon. The stock was down 19.6 percent to C$ 11.21 on the Toronto Stock Exchange.

COUNTDOWN TO LAUNCH

The success of the BB10 will be crucial to the future of RIM, which on Thursday posted its first-ever decline in total subscribers. Heins said on CNBC that the company expected to ship millions of the new devices.

He cautioned that this will require heavy investment, which will reduce RIM’s cash position in its fourth and first quarters from $ 2.9 billion in its fiscal third quarter. He said, however, it would not go below $ 2 billion.

Still, doubts remain about whether RIM can pull off the transformation. Needham analyst Charlie Wolf said the BB10 would have to look meaningfully superior to its competitors for RIM to stage a comeback.

Canaccord Genuity analyst Michael Walkley said it was highly unlikely that the market would support RIM’s new mobile computing ecosystem, and he remained skeptical about the company’s ability to survive on its own.

“We believe RIM will eventually need to sell the company,” said Walkley, who cut his price target on RIM shares to $ 9 from $ 10.

Baird Equity Research analysts said BB10 faced a daunting uphill battle against products from Apple, as well as those using Google Inc’s Android operating system, and, increasingly, phones with Microsoft Corp’s Windows 8 operating system.

Baird maintained its “underperform” rating on the stock, while Paradigm Capital downgraded the shares to “hold” from “buy” on uncertainty around the services revenue model.

“RIM has gone from having one major aspect of uncertainty – BlackBerry 10 adoption – to two, given an uncertain floor on services revenue,” William Blair analyst Anil Doradla said.

RIM will have to discount BB10 devices significantly to maintain demand, Bernstein analyst Pierre Ferragu said.

The BlackBerry, however, still offers the security features that helped it build its reputation with big business and government, a selling point with some key customers.

Credit Suisse maintained its “neutral” rating on the stock, but not because it expected BB10 to be a big success.

“Only the potential for an outright sale of the company or a breakup keeps us at a neutral,” Credit Suisse analysts said.

Separately on Friday, ailing Finnish mobile phone maker Nokia said it had settled its patent dispute with RIM in return for payments. Nokia did not disclose detailed terms, but said the deal included a one-time payment to be booked in the fourth quarter, as well as ongoing fees, all to be paid by RIM. [ID:nL5E8NL22K]

($ 1=$ 0.98 Canadian)

(Reporting by Chandni Doulatramani in Bangalore and Allison Martell in Toronto. Additional reporting by Sinead Carew in New York; Editing by Ted Kerr, Dale Hudson, Janet Guttsman,; Lisa Von Ahn and Peter Galloway)

Wireless News Headlines – Yahoo! News

Title Post: RIM shares dive as fee changes catch market off guard
Rating:
100%

based on 99998 ratings.
5 user reviews.
Author: Fluser SeoLink
Thanks for visiting the blog, If any criticism and suggestions please leave a comment

Read More..

Singer Odell first male to win Brit newcomer award

LONDON (Reuters) – Singer-songwriter Tom Odell was named the Brit Awards’ tip for the top in 2013, the first male artist to receive the honor previously won by chart queens including Adele and Jessie J.

The 22-year-old, whose musical style and voice has drawn comparisons to Coldplay lead singer Chris Martin, beat London electronic duo AlunaGeorge and classically trained soul singer Laura Mvula to the Critics’ Choice Award.

Selected by a panel of music industry experts, the annual prize goes to a British artist tipped for mainstream success, and previous winners have gone on to top charts in Britain and beyond.

“Looking at the list of amazing female artists who have won the Award already, I just hope I don’t let the boys down!” Odell said in a statement.

He released his debut E.P. “Songs From Another Love” in late 2012 and followed up with a performance on the popular live music show “Later…with Jools Holland“.

Odell also appears on the BBC’s Sound of 2013 longlist and MTV’s Brand New For 2013 selection of 10 up-and-coming artists, as the music business seeks to identify the chart-toppers of tomorrow.

Many acts, including Odell, already have record deals with major labels.

(Reporting by Mike Collett-White, editing by Paul Casciato)

Music News Headlines – Yahoo! News

Title Post: Singer Odell first male to win Brit newcomer award
Rating:
100%

based on 99998 ratings.
5 user reviews.
Author: Fluser SeoLink
Thanks for visiting the blog, If any criticism and suggestions please leave a comment

Read More..

For Tracy Anderson, Fitness Expert, Always a New Move

Erin Baiano for The New York Times

Tracy Anderson, center, teaching a fitness class at her studio in TriBeCa. Her classes and DVDs have attracted devoted followers — and, she says, mimics.

TRACY ANDERSON, the tiny blond fitness guru perhaps best known as Gwyneth Paltrow’s trainer and business partner, is as bright and sparkly as the Swarovski crystal-encrusted iPhone case she was admiring one recent Thursday.

“I love this!” she squealed, bouncing on the sofa of the Greenwich Hotel. Then she turned the case over and spied a fighting word: Soul, short for SoulCycle, a popular chain of cycling studios in New York and Los Angeles.

She looked as if she had swallowed something sour, and nearly dropped the bejeweled case. Her girlishness disappeared, and she said flatly: “I can get you better legs than them.”

Ms. Anderson, 37, claims that SoulCycle, through a former employee of hers, uses one of her inventions: a system of resistance bands that hangs from the ceiling. (A SoulCycle spokeswoman had no comment.)

The cycling studios are just one target of the combative Ms. Anderson. At least half a dozen of her former employees have released exercise DVDs or have opened their own studios — their clients include Madonna, Anne Hathaway and Kelly Ripa — many peddling workouts she said were derived in “an opportunistic way” from the intense, heart-in-throat dance routines and minimal-weight, high-repetition “muscular structure” moves Ms. Anderson has spent 14 years perfecting.

Her influence can be found in almost any gym featuring the type of jump-heavy cardio dance classes she has popularized or a version of what Ms. Anderson calls her “weird free arms” — essentially waving the arms from every conceivable angle for minutes at a time.

“It makes me sad for humanity, actually, that people would take all my hard work and then pose like they have a method that they have tried and tested,” she said of her former employees, becoming so angry she struggled for words. “They’re not even lip-syncing what I do. They’re, like, karaokeing off my songs.”

She added: “But the nice thing about it is that as a company, Gwyneth and I have been really smart like Coca-Cola and we didn’t teach any of those trainers how or why I move the way I do.”

Ms. Anderson, who was born in Indiana, studied musical theater for two years at the American Musical and Dramatic Academy in New York. She insisted she did not owe anything to Jane Fonda, the original dance aerobics queen, because Ms. Fonda was “a motivator, but she never claimed to have a method.”

Ms. Anderson described her own philosophy as “the method,” and talked passionately about the science behind it, tossing around terms like “proprioception perception,” “strength of synapses” and “muscle confusion.”

“I move across the large muscles in a way like when you were a kid you got an Indian burn, building collective strength between muscle groups,” she explained with a smile.

Ms. Anderson has not sought certification in fields like exercise physiology or teaching, she said, because, “I am so hard on myself with not deviating the amount of time that I have for research and development of the method.”

As for coming up with moves to slim problem areas where women are predisposed to store fat (“disproportionate struggle,” in Ms. Andersonspeak), she painted a vivid picture.

“I’m completely focused on how can I get forces to travel from opposing directions and end up creating a contraction in a muscle that’s going to then pull in,” she said. “And then as we lose the fat the muscular structure will be vibrating so well that it will have the connective tissues pull the skin back to it.”

Richard Cotton, an exercise physiologist and the national director of training for the American College of Sports Medicine in Indianapolis, said there is “a ton of research that disputes the idea of spot-reduction.”

“You can’t choose where the body loses fat,” he said.

Gary Diffee, a professor of kinesiology at the University of Wisconsin-Madison who examined some of her claims, said, “Like many things of this type, the science seems to be a mixture of true, kind of true, true but irrelevant to the point she is trying to make, and wrong.”

“The main thing is that she is getting people to move,” Dr. Diffee said.

Read More..

Illinois jobless rate falls to 8.7%

Illinois' unemployment rate dipped to 8.7 percent in November. (Bloomberg file photo / December 20, 2012)

Associated Press

12:30 p.m. CST, December 20, 2012

Illinois' unemployment rate dipped to 8.7 percent in November as the economy added 16,400 jobs.

Preliminary data released Thursday by the Illinois Department of Employment Security indicate the largest monthly job gain of the year. There still are 574,600 Illinoisans out of work. The rate does not reflect unemployed people who've quit looking for work.

IDES Director Jay Rowell says November's job growth is encouraging and "reinforces the trend of positive economic momentum."

But he says progress will slow if Congress and the president fail to come to a resolution on the so-called fiscal cliff.

November's seasonally adjusted rate is one-tenth of a percentage point lower than in October and 1.1 percentage points lower than November 2011.

Most job gains last month were in professional and business services and manufacturing.

Read More..

Judge refuses to erase 'code of silence' verdict

Security tape captures former Chicago police Officer Anthony Abbate beating up bartender Karolina Obrycka at Jesse's Shortstop Inn in Chicago in February 2007.

By David Heinzmann




Tribune reporter

2:47 p.m. CST, December 20, 2012

A federal judge Thursday turned down the request by Mayor Rahm Emanuel’s administration to erase a jury’s finding that the Chicago Police Department has a “code of silence” to protect rogue officers.

The ruling came in the case of the notorious videotaped barroom beating of a female bartender by an off-duty police officer. The ruling means the bartender will still get an $850,000 jury award from the November verdict in her lawsuit against the police department.

U.S District Judge Amy St. Eve said the city turned down reasonable settlement offers from plaintiff Karolina Obrycka for six years and decided to take the case to trial “knowing that an adverse judgment was a risk.”

Under these circumstances, to let the city set aside the outcome after the jury has spoken could set a bad precedent that would deter parties from settling cases before the public expense of a trial in the future, she wrote.

“The judgment in this case has ramifications for society at large, not just the city’s litigation strategies.”

The judge said her decision was influenced by the fact that the city acknowledged in court that they had agreed to pay Obrycka her money now, and not appeal the case, regardless of the outcome of the motion. Because of that, St. Eve wrote, the needs of the parties in the case were less important than the public’s interest in a judgment that puts the “code of silence” on the law books as a fact.

Obrycka’s lawyer said St. Eve’s ruling won’t impact the former bartender in any way. “Regardless of how the judge ruled, (city officials) have to pay her by the end of the month," lawyer Terry Ekl said.

Ekl said the $850,000 will all go to Obrycka because he has waived any claim to the judgment and will take his payment in the case from the city. Attorneys fees are the only remaining issue to be settled in the case and St. Eve will handle negotiations over what Ekl’s team receives.

He said he filed bills to the city for more than 5,400 hours of work in the case and setting an hourly rate for that time will be the issue for negotiation. Whatever the rate, fees are likely to be in the millions of dollars.

Read More..

Taylor Swift keeps Bruno Mars out of Billboard 200 top spot

LOS ANGELES (Reuters) – Country pop star Taylor Swift held her reign at the top of the Billboard 200 album chart on Wednesday, keeping retro-inspired R&B singer Bruno Mars‘ new album at bay.

Swift’s latest album, “Red,” released in October, held the No. 1 slot for a fifth non-consecutive week with sales of 208,000, according to figures from Nielsen SoundScan.

Mars’ second album, “Unorthodox Jukebox,” sold 192,000 copies in its opening week to take the No. 2 slot.

The album’s lead single, “Locked Out of Heaven,” stayed at the top spot on the Billboard Hot 100 chart for a second week, and is the singer’s fourth chart-topping single. It also tops the Digital Songs chart this week.

Hip hop artist The Game entered the chart at No. 6 with his fifth studio album, “Jesus Piece,” selling 86,000 copies.

Four festive albums sat in the top ten this week, with Michael Buble‘s “Christmas” at No. 3, Rod Stewart‘s “Merry Christmas Baby” at No. 5, Blake Shelton‘s “Cheers, It’s Christmas” at No. 8, and Lady Antebellum‘s “On This Winter’s Night” at No. 10.

(Reporting by Piya Sinha-Roy Editing by Jill Serjeant, Gary Hill)

Music News Headlines – Yahoo! News

Title Post: Taylor Swift keeps Bruno Mars out of Billboard 200 top spot
Rating:
100%

based on 99998 ratings.
5 user reviews.
Author: Fluser SeoLink
Thanks for visiting the blog, If any criticism and suggestions please leave a comment

Read More..

Boehner: Blame tax hikes on Obama

US Speaker of the House John Boehner speaks on the "fiscal cliff" during press conference Wednesday. (Reuters / December 19, 2012)

Reuters

1:37 p.m. CST, December 19, 2012

President Barack Obama will be responsible for taxes rising on Americans if he does not "get serious" about a balanced deficit reduction plan or demand Senate passage of a Republican bill to prevent tax increases on all income below $1 million, House Speaker John Boehner charged on Wednesday.

"Tomorrow the House will pass legislation to make permanent tax relief for nearly every American," Boehner said in a short on-camera statement.

"Then the president will have a decision to make. He can call on the Senate Democrats to pass that bill, or he can be responsible for the largest tax increase in American history."

';

var fbml = disclaimer + '';

var keywords_elem = document.getElementsByName('Keywords')[0];
if ( typeof keywords_elem != 'undefined') {
if (!keywords_elem.getAttribute('content').match('nocomments'))
document.write(fbml);
} else { document.write(fbml); }
}

if ( jQuery('meta[property="fb:app_id"]').length > 0 )
window.add_facebook_comments();

Read More..

Obama wants gun policy recommendations in a month

WASHINGTON (Reuters) - President Barack Obama directed a Cabinet group on Wednesday to give him recommendations by next month on ways to tighten the regulation of guns in the wake of the Connecticut massacre of schoolchildren.

Responding to national outrage over Friday's killing of 20 children, aged 6 and 7, Obama held a White House news conference to announce that Vice President Joe Biden will lead an effort to craft policies to crack down on gun violence.

Obama said he believed Americans would support the reinstatement of a ban on the sale of military-style assault weapons, a ban on the sale of high-capacity ammunition clips, and a law requiring background checks on buyers before all gun purchases, which would close a loophole that allows sales at open-air gun shows without such background checks.

Saying gun control cannot be the only solution to the problem, Obama expressed support for making it easier for Americans to get access to mental health care - "at least as easy as access to a gun."

Under pressure from fellow Democrats to act, Obama insisted the guns issue would not be ignored this time. Previous appeals for more gun regulation have died even as mass shootings have continued.

With Biden at his side, Obama said the group would give him proposals that he could outline in his State of the Union speech in late January. Cabinet members involved include Attorney General Eric Holder, Homeland Security Secretary Janet Napolitano, Health and Human Services Secretary Kathleen Sebelius and Education Secretary Arne Duncan.

"This is not some Washington commission. This is not something where folks are going to be studying the issue for six months and publishing a report that gets read and then pushed aside. This is a team that has a very specific task to pull together real reforms right now," Obama said.

The Newtown, Connecticut, shootings of so many schoolchildren by a 20-year-old man have shocked Americans in ways that previous mass shootings have not. The gunman's mother and six adults at the school were also killed before the gunman shot himself.

Some previously adamant opponents of increased gun control have expressed a willingness to consider more regulation. Even the powerful National Rifle Association, the lobby group that has sought time and again to stymie gun legislation, said this week that it would be prepared to offer meaningful contributions to ensure there is no repeat of Newtown.

WAKE-UP CALL

Obama himself has done little to rein in America's gun culture in his four years in office. His administration has to a certain extent expanded gun rights by permitting the carrying of firearms in national parks.

Asked why he has been a no-show on the subject until now, Obama defended himself, saying he has been dealing with the worst economic crisis since the Great Depression and wars in Iraq and Afghanistan.

"I don't think I've been on vacation," he said. The Newtown massacre, he said, "should be a wake-up call for all of us."

Whatever steps Obama's task force comes up with are likely to face some criticism because many Republicans see the U.S. Constitution's Second Amendment right to bear arms as sacrosanct.

"What we're looking for here is a thoughtful approach that says we can preserve our Second Amendment, we can make sure that responsible gun owners are able to carry out their activities, but that we're gonna actually be serious about the safety side of this," Obama said.

Obama has tapped Biden to lead other high-profile initiatives, including efforts on a deficit-reduction compromise with congressional Republicans in 2011.

U.S. Representative Ron Barber, who was wounded in a 2011 Arizona shooting that targeted his predecessor, Gabrielle Giffords, welcomed the effort and echoed other Democratic lawmakers' calls to ban military-grade guns.

"We cannot go on blithely believing that we can solve this problem in other ways. We have to look at the weaponry used and we have to look at the people who use it and we have to do something about both," Barber said at a news conference earlier at the Capitol.

Friday's massacre was the fourth shooting rampage to claim multiple lives in the United States this year.

(Additional reporting by Roberta Rampton and Patricia Zengerle; Writing by Steve Holland; editing by Doina Chiacu)

Read More..

Wii U finally gets Nintendo’s TVii service on December 20th

After a month-long delay, Nintendo (NTDOY) will launch its Nintendo TVii service for the Wii U on December 20th in the U.S. and Canada. Nintendo TVii is the company’s take on organizing all of the various video streaming and DVR services a user might subscribe to and then displaying them in an easy-to-navigate touchscreen-based interface on the Wii U GamePad. With Nintendo TVii, Nintendo hopes to make content discovery an easier task, rather than a chore. At the same time, Nintendo TVii will offer new “second-screen” experiences (similar to Xbox SmartGlass) with built-in social sharing options to Facebook (FB), Twitter and the Wii U console’s Miiverse.

[More from BGR: BlackBerry 10 browser smokes iOS 6 and Windows Phone 8 in comparison test [video]]

[More from BGR: LG’s woeful comeback attempt]

Nintendo TVii will support Amazon (AMZN) Instant Video, Hulu Plus and cable and satellite providers on Thursday, but Netflix (NFLX) and TiVo (TIVO) support won’t hit the U.S. until “early 2013.” Nintendo didn’t state when TVii support for the latter two will hit Canada.

For the consumer’s sake, we hope the download for Nintendo TVii doesn’t take as long as past system updates.

Nintendo’s press release follows below.

Nintendo Makes TV Smart and Social – Nintendo TVii Launches Dec. 20

New Wii U Service Gives Every Member of the Family His or Her Own Personalized, Easy-to-Use Second-Screen Viewing Experience

REDMOND, Wash.–(BUSINESS WIRE)–The company that changed how we play is about to change how we watch. On Dec. 20, Nintendo will introduce Nintendo TVii, a free, integrated service for the recently launched Wii U console that combines what you watch and how you watch into one seamless, second-screen experience on the revolutionary new Wii U GamePad controller.

The rapid increase in both the quality and availability of video entertainment content – hundreds of satellite and cable channels, a seemingly endless amount of video-on-demand options – has made finding something to watch a complex and occasionally frustrating process. The solution to this problem is coming from perhaps an unexpected place: a video game console.

“After Dec. 20, you’ll never look at your TV the same way again,” said Nintendo of America President and COO Reggie Fils-Aime. “Wii U owners have already experienced the transformative effect that the GamePad has on game play and social interaction. Nintendo TVii shows how the integrated second screen of the GamePad can also transform and enhance the TV viewing experience. Welcome to the new world of TVii.”

Nintendo TVii maximizes Wii U owners’ current cable, satellite and video-on-demand services by pulling all of their available content sources – such as a Comcast cable package or Hulu Plus subscription – into one place. This empowers Wii U owners to focus on whatthey want to watch and not how they want to watch. And once users find the show, sporting event or movie they want, they press an icon and Nintendo TVii does the rest.

In addition to greatly simplifying finding and watching video content, Nintendo TVii also includes a series of social features that enable Wii U owners to share experiences and exciting moments with friends as they are happening on live TV. People can engage with others by commenting and sharing on Miiverse, Facebook and Twitter. Or they can comment, post or tweet about an incredible touchdown, a remarkable performance or a shocking plot twist, all using the personal screen of the Wii U GamePad.

Nintendo TVii requires no additional equipment and can be enjoyed with very little setup, demonstrating what’s possible when the second screen is truly integrated with the TV. Wii U owners can also discover more information about what they’re watching by easily accessing information on the GamePad via an Internet connection, including cast details, movie reviews from Rotten Tomatoes and sports data such as live stats and scores.

Nintendo TVii launches in the United States and Canada on Dec. 20. At launch, the service will support cable and satellite providers in both regions, as well as direct integration with Amazon Instant Video and Hulu Plus subscriptions in the United States. Further integration with Netflix subscriptions and TiVo are expected in early 2013 in the United States. Wii U owners with a Netflix subscription can still access the Netflix application from the Wii U system’s main menu and enjoy their favorite content accordingly.

All elements of the Nintendo TVii service are included in the purchase price of the Wii U system. Users will define which services they currently subscribe to – including the channel lineup in their cable package and video-on-demand service subscriptions – as part of the setup process.

Nintendo TVii observes the Wii U system parental controls, and additional options specific to the Nintendo TVii features can be chosen in the Nintendo TVii settings. Every member of the family can create a different viewing profile. For more information about this and other features, visit http://www.nintendo.com/wiiu.

This article was originally published by BGR

Gaming News Headlines – Yahoo! News

Title Post: Wii U finally gets Nintendo’s TVii service on December 20th
Rating:
100%

based on 99998 ratings.
5 user reviews.
Author: Fluser SeoLink
Thanks for visiting the blog, If any criticism and suggestions please leave a comment

Read More..

Madonna leads Billboard’s top-grossing tours

LOS ANGELES (Reuters) – While this year’s pop charts have been dominated by young singers, it is veteran music stars, led by Madonna, who are commanding big money in tour ticket sales, according to a new Billboard list released on Tuesday.

Madonna, 54, topped Billboard‘s list of highest-grossing live tours, earning an estimated $ 228.4 million in ticket sales from her sold-out ninth worldwide tour in support of her 12th studio album “MDNA.” The singer will wrap her tour in South America this weekend, after performing more than 80 shows across the world starting in Israel in May.

Madonna came ahead of pop star Lady Gaga, who landed at No. 6, with ticket sales of $ 124.9 million from her worldwide “Born This Way Ball” tour. Gaga, 26, is currently midway through her tour, which kicked off in South Korea in April, and will wrap in Oklahoma in March 2013.

Music publication Billboard compiled its list through estimated gross ticket sales figures from Billboard box scores, which tracks concert tours, ticket prices and sales.

The top five highest-grossing tour acts of 2012 included Bruce Springsteen, 63, and the E Street band at No. 2 with $ 199 million from 72 shows and Pink Floyd’s Roger Waters, 69, at No. 3 with $ 186 million.

Cirque Du Soleil‘s homage to late singer Michael Jackson in “The Immortal World Tour” ranked No. 4 with $ 147.3 million over 183 shows, and British rock band Coldplay was fifth with $ 147.2 million over 67 shows.

The only other young stars in the list of 25 top-grossing tours was Canadian pop star Justin Bieber, 18, at No. 20 with $ 30 million from 29 shows as part of his ongoing “Believe” tour, and country-pop darling Taylor Swift, 23, who raked in $ 26 million from 21 shows from her “Speak Now World Tour.”

Last year, Swift ranked No. 5 on Billboard‘s list with an estimated $ 97 million in ticket sales from her “Speak Now World Tour,” while Bieber came in at No. 15 with $ 44 million.

Swift will embark on her third worldwide concert tour in support of her studio album “Red” in March 2013.

(Reporting By Piya Sinha-Roy; Editing by Patricia Reaney and Eric Walsh)

Music News Headlines – Yahoo! News

Title Post: Madonna leads Billboard’s top-grossing tours
Rating:
100%

based on 99998 ratings.
5 user reviews.
Author: Fluser SeoLink
Thanks for visiting the blog, If any criticism and suggestions please leave a comment

Read More..

Lawyer Says Ritual Circumcision Is Protected Activity

A lawyer for Orthodox Jewish groups asked a federal judge on Tuesday to throw out a New York City regulation requiring parents to sign a consent form before their infant sons undergo a form of Jewish ritual circumcision in which the circumciser uses his mouth to remove blood from the incision.

The lawyer, Shay Dvoretzky, said the practice, which is prevalent in parts of the ultra-Orthodox community, is a constitutionally protected religious activity. He said that requiring ritual circumcisers, known collectively as mohelim, to be involved in conveying the city’s perspective on the procedure would infringe upon their rights of free speech.

“That lies at the heart of First Amendment protection,” Mr. Dvoretzky said.

But a lawyer for the city argued that the regulation was necessary and that the practice most likely caused 11 herpes infections in infants between 2004 and 2011. Two of the infected babies died; at least two others suffered brain damage.

“The health department is not looking at the religion in determining what to do about this conduct,” said Michelle L. Goldberg-Cahn, a lawyer for the city. “The city is looking at the conduct.”

The Orthodox groups, including Agudath Israel of America and the Central Rabbinical Congress, sued the city in October to block the regulation, which was approved by the New York City Board of Health in September but is suspended until a ruling is issued in this case. The groups say that the procedure is safe and that the city has not definitively linked infections to the practice.

Infectious disease experts, several of whom filed briefs in support of the regulation, widely agree that the oral contact, known in Hebrew as metzitzah b’peh, creates a risk of transmission of herpes that can be deadly to infants because of their underdeveloped immune systems.

On Tuesday, Judge Naomi Reice Buchwald, of Federal District Court in Manhattan, heard oral arguments in the case, one that pits the sanctity of ancient religious rituals against the rigors of both modern medicine and secular government regulation. She said her decision would come within a few weeks.

Her sharpest inquiries were directed at Mr. Dvoretzky, the lawyer for the Orthodox groups.

She raised a hypothetical situation in which a single religious group amputates left pinkie fingers at birth, and asked Mr. Dvoretzky whether the city would have the authority to regulate the activity. He said it would depend upon whether the practice caused immediate, serious harm.

Judge Buchwald also said there was a direct comparison to consent requirements placed on physicians when they perform a circumcision.

Mr. Dvoretzky called that an “apples and oranges” comparison, because a physician would not perform a metzitzah b’peh.

“Wait a second,” Judge Buchwald interrupted. “They can’t perform any circumcision without consent. It’s a surgery.”

Mr. Dvoretzky said the city should undertake a broad education campaign, to prevent all infant herpes infections.

But Judge Buchwald said such a campaign would have little impact, because the risk of infections is medically well-known.

Read More..

McDonald's urging franchisees to open on Christmas

McDonald's Corp. is urging U.S. restaurant owners to take the unusual step of opening on Christmas Day to deliver the world's biggest hamburger chain with the gift of higher December sales, AdvertisingAge reported Monday.

The request -- which comes as McDonald's tangles with resurgent rivals such as Wendy's, Burger King and Yum Brands' Taco Bell chain -- would be a break from company tradition of closing on major holidays.

"Starting with Thanksgiving, ensure your restaurants are open throughout the holidays," Jim Johannesen, chief operations officer for McDonald's USA, wrote in a Nov. 8 memo to franchisees -- one of two obtained by AdvertisingAge.

"Our largest holiday opportunity as a system is Christmas Day. Last year, (company-operated) restaurants that opened on Christmas averaged $5,500 in sales," Johannesen said.

"The decision to open our restaurants on Christmas is in the hands of our owner/operators," McDonald's spokeswoman Heather Oldani told Reuters.

Don Thompson took over as chief executive at McDonald's in July and has the difficult task of growing sales from last year's strong results in a significantly more competitive environment.

McDonald's monthly global sales at established restaurants fell for the first time in nine years in October, but unexpectedly rebounded in November.

The November surprise was partly due to a 2.5 percent rise in sales at U.S. restaurants open at least 13 months.

"Our November results were driven, in part, by our Thanksgiving Day performance," Johannesen wrote in a Dec. 12 memo to franchisees.

Oldani said 1,200 more McDonald's restaurants were open on Thanksgiving this year versus last year -- not 6,000 more as AdvertisingAge reported.

Still, the company has a high hurdle when it comes to posting an increase in restaurant sales this month because its U.S. same-restaurant sales jumped 9.8 percent in December 2011.

"It's an act of desperation. The franchisees are not happy," said Richard Adams, a former McDonald's franchisee who now advises the chain's owner/operators.

The push to open on the holidays goes against McDonald's cultural history, said Adams. In his first published operations manual, McDonald's Corp. founder Ray Kroc said the company would close on Thanksgiving and Christmas to give employees time with their families, Adams said.

"We opened for breakfast on Thanksgiving the last couple years I was a franchisee. It was easy to get kids to work on Thanksgiving because they want to get away from their family, but not on Christmas," Adams said.

Read More..

Chicago prison inmates used bedsheets to escape: official

Chicago Tribune reporter Rosemary Regina Sobol has the latest details of two convicted bank robbers who escaped from the Metropolitan Correctional Center in downtown Chicago early this morning. (Posted on: Dec. 18, 2012.)

Two convicted bank robbers escaped from the federal Metropolitan Correctional Center in the Loop this morning by tying bedsheets together and shimmying down at least 15 stories to the ground below, officials say.

Joseph "Jose" Banks and Kenneth Conley were somehow able to climb out of the narrow slit of a window in the cell they shared and make their way down the south face of the federal jail, the spokesman said.

“A rope was fashioned out of bedsheets,’’ said a spokesman for the MCC. “I would imagine that they saved them up."

Conley and Banks, known as the Second-Hand Bandit who was convicted just last week, were discovered missing from their cell at the federal jail at 71 W. Van Buren St. around  8:45 a.m., according to Central District Police Sgt. Michael Lazzaro. The inmates were last checked at 5 a.m., he said.

The makeshift rope could be seen dangling along the south side of the MCC.

The MCC spokesman declined to say whether any guards were under investigation or whether anything was smuggled into them or how the narrow cell window was widened.

Hours after the escape, SWAT teams forced their way into a Tinley Park house where a relative of Conley is believed to live. But no one was found inside, and FBI officials said they believe Conley and Banks had been there hours earlier.

The SWAT officers left the home after about 20 minutes and walked down the street with dogs as neighbors followed, taking pictures with their phones. About two blocks down, the officers searched the Metra stop.

A woman who answered at the home of a relative of Conley said it was "very upsetting for everyone" and declined further comment.

Banks’ cousin, Theresa Ann Banks, pleaded for Banks to turn himself in.

“I just don’t want to see him get hurt or killed,” she said with a shaky voice. “(The family) is trying to hold themselves together. We just have to have faith in God and hope everything goes right.”

Theresa Ann Banks said she received a call about the escape from Banks' father, who heard about it on the news.

When Joseph Banks was arrested in 2008, Theresa Ann Banks said she visited him whenever she had a chance. “When I went to see him, he was calm, he was humble, he was happy to see me,” she said. “He was very positive every time I would go.”

Banks was described as black, 37, 5 feet 8 inches tall and weighing 160 pounds. Conley is white, 38, 6 feet and 185 pounds.

Banks, known as the Second-Hand Bandit, was convicted last Thursday of two bank robberies and two attempted holdups. He made off with a nearly $600,000 in the heists, and authorities say $500,000 is still unaccounted for.

Banks was an aspiring clothing designer who claimed to be a "sovereign citizen" who could not be tried in a federal court. He acted as his own attorney and had to be restrained during his trial.

During closing arguments, Banks repeatedly interrupted Assistant U.S. Attorney Renato Mariotti, commenting on the evidence and suggesting photo lineups were rigged. Mariotti raised his voice over the interruptions to remind the jury of the evidence at trial, including $40,000 found in Banks' safe deposit box as well as a fake beard he wore in the robberies.

Security footage played for jurors showed Banks jumping bank counters and wielding a handgun as he ordered employees to open vaults and ATMs at the banks. In one video, a bank worker was shown hyperventilating on the floor of a cash room, clutching his chest and neck.

One day during his trial, Banks had to be restrained to keep him from leaving the courtroom. He had fired his attorneys, so Judge Rebecca Pallmeyer told him he had to stay in court.

Banks eventually agreed to sit still. As the security staff wheeled him into a room to release him from the chair, he called out: "I feel like I'm Hannibal Lecter or something."

Security was beefed up when the jury reached its decision, with 10 deputy U.S. marshals in the courtroom when the guilty verdict was read.

"I'll be seeking retribution as well as damages," he told U.S. District Judge Rebecca Pallmeyer.

Read More..