Four killed, including gunman, at Aurora, Colo., townhome

Four people died at an Aurora, Colo., townhome early Saturday morning, including a gunman who barricaded himself inside for hours, police said.

Around 9 a.m., police said the suspect shot at officers from a second-story window. They returned fire, hitting the man. The suspect was pronounced dead in an upstairs bedroom.

Inside the home, police discovered two other men and one woman dead.

Another woman was able to escape early Saturday morning when she jumped from an upstairs window, and called police around 3 a.m., Aurora Police Sgt. Cassidee Carlson told the Denver Post. The woman, who escaped unharmed, told police she saw three bodies that "appeared lifeless," police said.

Several neighboring homes were evacuated and police sent out emergency notifications to neighbors at 3 a.m., KUSA-TV , an NBC affiliate, reported.

“After we arrived on scene, there were no more shots fired up until he fired at us,” Carlson told the Associated Press. “During this time he was all over the house. He moved furniture. He was throwing things. He was agitated. He was irrational.”

Aurora, a Denver suburb, is where a gunman killed 12 people and injured at least 70 others at a movie theater July 20.

[Updated at 1:41 p.m., Jan. 5: Carlson said in an email to the Los Angeles Times that there was no indication the four people had any connection to the theater shooting.]

Police said they told the suspect by phone and a bullhorn to exit the townhome. Police reached him by phone "intermittently" over several hours and the suspect hung up multiple times on hostage negotiators, police said.

Authorities did not release the name of the victims or suspect.

andrew.khouri@latimes.com

@khouriandrew

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Ohio sheriff confronts protesters in football rape case

STEUBENVILLE, Ohio (Reuters) – A county sheriff under fire for how he has handled a high school rape investigation faced down a raucous crowd of protesters on Saturday and said no further suspects would be charged in a case that has rattled Ohio football country.

Ma’lik Richmond and Trenton Mays, both 16 and members of the Steubenville High School football team, are charged with raping a 16-year-old fellow student at a party last August, according to statements from their attorneys.

Jefferson County Sheriff Fred Abdalla, accused of shielding the popular football program from a more rigorous investigation, told reporters no one else would be charged in the case, just moments after he addressed about 1,000 protesters gathered in front of the Jefferson County Courthouse.

“I’m not going to stand here and try to convince you that I’m not the bad guy,” he said to a chorus of boos. “You’ve already made your minds up.”

The “Occupy Steubenville” rally was organized by the online activist group Anonymous.

Abdalla declined to take the investigation over from Steubenville police, sparking more public outrage. Anonymous and community leaders say police are avoiding charging more of those involved to protect the school’s beloved football program.

The two students will be tried as juveniles in February in Steubenville, a close-knit city of 19,000 about 40 miles west of Pittsburgh.

The case shot to national prominence this week when Anonymous made public a picture of the purported rape victim being carried by her wrists and ankles by two young men. Anonymous also released a video that showed several other young men joking about an assault.

Abdalla, who said he first saw the video three days ago, said on Saturday that it provided no new evidence of any crimes.

“It’s a disgusting video,” he said. “It’s stupidity. But you can’t arrest somebody for being stupid.”

The protest’s masked leader, standing atop a set of stairs outside the courthouse doors, invited up to the makeshift stage anyone who was a victim of sexual assault. Protesters immediately flooded the platform, which was slightly smaller than a boxing ring.

Victims passed around a microphone, taking turns telling their stories. Some called for Abdalla and other local officials to step down from office for not charging more of the people and for what they called a cover-up by athletes, coaches and local officials.

Abdalla then climbed the stairs himself and addressed the protest over a microphone.

Abdalla said he had dedicated his 28-year career to combating sexual assault, overseeing the arrest of more than 200 suspects.

Clad in a teal ribbon symbolizing support for sexual assault victims, Abdalla later told Reuters that he stood by his decision to leave the investigation with local police. He would have had to question all 59 people that the Steubenville Police Department had already interviewed in its original investigation, he said.

“People have got their minds made up,” he said. “A case like this, who would want to cover any of it up?”

(Editing by Daniel Trotta and Eric Walsh)

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Missoni scion on plane missing in Venezuela

CARACAS, Venezuela (AP) — Rescue crews used boats and aircraft on Saturday to search for a small plane that disappeared off Venezuela carrying the CEO of Italy's iconic Missoni fashion house and five other people.

But more than a day after the BN-2 Islander aircraft disappeared from radar screens on its short flight from Venezuela's coastal resort islands of Los Roques to Caracas, no sign of the plane had been found, officials said.

"We have no other news" about the plane carrying Vittorio Missoni, the head of the company; his wife, Maurizia Castiglioni; two of their Italian friends; and two Venezuelan crew members, said Paolo Marchetti, a Missoni SpA official. He spoke briefly to reporters as he left company headquarters in the northern Italian town of Sumirago on Saturday afternoon.

Missoni's younger brother, Luca, who is active in the family-run business, was reportedly traveling to Venezuela on Saturday to monitor search efforts.

"We're holding onto a glimmer of hope," said Oswaldo Scalvenzi , a relative of Elda Scalvenzi, one of the Missoni friends aboard the flight. "Until we can see the wreckage" hope will remain, Scalvenzi told Italian state TV on Saturday night.

Search teams were using a plane and a helicopter, working together with the Venezuelan coast guard, Venezuela's National Civil Aviation Institute said in a statement Saturday.

The twin-engine plane had enough fuel on board for a three-hour flight, said Francisco Paz Fleitas, president of the civil aviation agency. Paz said the plane took off at 11:39 a.m. on Friday and had been expected to arrive at Caracas' Simon Bolivar International Airport 42 minutes later.

The civil aviation agency said the authorities declared an alert after the plane didn't make contact with the control tower at the Caracas airport or with the tower in Los Roques.

"The last position registered in radar data and those supplied by a system on board the aircraft" was about 11 miles (18 kilometers) south of Los Roques, the agency said in the statement.

The Italian newspaper La Repubblica reported that Venezuelan aircraft, boats and helicopters took off at dawn Saturday to resume the search for the missing plane, which had been suspended on Friday night.

Venezuelan Interior Minister Nestor Reverol announced that the plane was missing hours after it took off from Los Roques, a string of islands popular for scuba diving, white beaches and coral reefs, and where the Missonis and their friends were on vacation.

Reverol said on Friday that two navy patrol boats were involved in the search and that a specialized oceanographic ship, the Guaicamacuto, also had been deployed.

Vittorio Missoni is the eldest son of the company's founder, Ottavio, who at 91 still follows the business.

The Corriere della Sera newspaper reported that Ottavio and his wife Rosita were at their home in Italy, along with their daughter Angela, waiting for information about the search. Rosita Missoni designs housewares for the company, and Angela is the company's creative director.

The Missoni fashion house, with its trademark zigzag and other geometric patterns in sweaters, scarves and other knitwear, is one of Italy's most famous fashion brands abroad. It is scheduled to display its latest menswear creations at a fashion show in Milan later this month.

Vittorio Missoni played a key role in marketing the Missoni family creations in Asia, especially in Japan, Hong Kong and South Korea as general director of marketing for Missoni SpA. He also spearheaded a push for the company's products in the United States and France. His efforts to expand the brand abroad led Missoni to be dubbed the company's "ambassador."

Vittorio Missoni has been described as an active sportsman and lover of the outdoors. He and his wife and their friends from northern Italy were scheduled to fly back from Caracas to Italy on Friday after spending the Christmas and New Year's holidays in the islands.

The plane disappeared shortly after takeoff on a flight of about 95 miles (150 kilometers) from the islands to the mainland.

Other small planes have gone down or vanished on the same route in recent years. On Jan. 4, 2008, a plane returning to the Venezuelan mainland from Los Roques disappeared with 14 people aboard, including eight Italians. The body of the plane's Venezuelan co-pilot later washed ashore, but despite a search lasting weeks no other victims or the wreckage were found.

In 2009, a small plane returning from Los Roques with nine people aboard plunged into the Caribbean Sea, but all survived.

____

Associated Press writer Frances D'Emilio contributed reporting from Rome. Ian James reported in Caracas.

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The New Old Age: Murray Span, 1922-2012

One consequence of our elders’ extended lifespans is that we half expect them to keep chugging along forever. My father, a busy yoga practitioner and blackjack player, celebrated his 90th birthday in September in reasonably good health.

So when I had the sad task of letting people know that Murray Span died on Dec. 8, after just a few days’ illness, the primary response was disbelief. “No! I just talked to him Tuesday! He was fine!”

And he was. We’d gone out for lunch on Saturday, our usual routine, and he demolished a whole stack of blueberry pancakes.

But on Wednesday, he called to say he had bad abdominal pain and had hardly slept. The nurses at his facility were on the case; his geriatrician prescribed a clear liquid diet.

Like many in his generation, my dad tended towards stoicism. When he said, the following morning, “the pain is terrible,” that meant agony. I drove over.

His doctor shared our preference for conservative treatment. For patients at advanced ages, hospitals and emergency rooms can become perilous places. My dad had come through a July heart attack in good shape, but he had also signed a do-not-resuscitate order. He saw evidence all around him that eventually the body fails and life can become a torturous series of health crises and hospitalizations from which one never truly rebounds.

So over the next two days we tried to relieve his pain at home. He had abdominal x-rays that showed some kind of obstruction. He tried laxatives and enemas and Tylenol, to no effect. He couldn’t sleep.

On Friday, we agreed to go to the emergency room for a CT scan. Maybe, I thought, there’s a simple fix, even for a 90-year-old with diabetes and heart disease. But I carried his advance directives in my bag, because you never know.

When it is someone else’s narrative, it’s easier to see where things go off the rails, where a loving family authorizes procedures whose risks outweigh their benefits.

But when it’s your father groaning on the gurney, the conveyor belt of contemporary medicine can sweep you along, one incremental decision at a time.

All I wanted was for him to stop hurting, so it seemed reasonable to permit an IV for hydration and pain relief and a thin oxygen tube tucked beneath his nose.

Then, after Dad drank the first of two big containers of contrast liquid needed for his scan, his breathing grew phlegmy and labored. His geriatrician arrived and urged the insertion of a nasogastric tube to suck out all the liquid Dad had just downed.

His blood oxygen levels dropped, so there were soon two doctors and two nurses suctioning his throat until he gagged and fastening an oxygen mask over his nose and mouth.

At one point, I looked at my poor father, still in pain despite all the apparatus, and thought, “This is what suffering looks like.” I despaired, convinced I had failed in my most basic responsibility.

“I’m just so tired,” Dad told me, more than once. “There are too many things going wrong.”

Let me abridge this long story. The scan showed evidence of a perforation of some sort, among other abnormalities. A chest X-ray indicated pneumonia in both lungs. I spoke with Dad’s doctor, with the E.R. doc, with a friend who is a prominent geriatrician.

These are always profound decisions, and I’m sure that, given the number of unknowns, other people might have made other choices. Fortunately, I didn’t have to decide; I could ask my still-lucid father.

I leaned close to his good ear, the one with the hearing aid, and told him about the pneumonia, about the second CT scan the radiologist wanted, about antibiotics. “Or, we can stop all this and go home and call hospice,” I said.

He had seen my daughter earlier that day (and asked her about the hockey strike), and my sister and her son were en route. The important hands had been clasped, or soon would be.

He knew what hospice meant; its nurses and aides helped us care for my mother as she died. “Call hospice,” he said. We tiffed a bit about whether to have hospice care in his apartment or mine. I told his doctors we wanted comfort care only.

As in a film run backwards, the tubes came out, the oxygen mask came off. Then we settled in for a night in a hospital room while I called hospices — and a handyman to move the furniture out of my dining room, so I could install his hospital bed there.

In between, I assured my father that I was there, that we were taking care of him, that he didn’t have to worry. For the first few hours after the morphine began, finally seeming to ease his pain, he could respond, “OK.” Then, he couldn’t.

The next morning, as I awaited the hospital case manager to arrange the hospice transfer, my father stopped breathing.

We held his funeral at the South Jersey synagogue where he’d had his belated bar mitzvah at age 88, and buried him next to my mother in a small Jewish cemetery in the countryside. I’d written a fair amount about him here, so I thought readers might want to know.

We weren’t ready, if anyone ever really is, but in our sorrow, my sister and I recite this mantra: 90 good years, four bad days. That’s a ratio any of us might choose.

---

Paula Span is the author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions.”

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Vast cache of Kaiser patient details was kept in private home

Federal and state officials are investigating whether healthcare giant Kaiser Permanente violated patient privacy in its work with an Indio couple who stored nearly 300,000 confidential hospital records for the company.

The California Department of Public Health has already determined that Kaiser "failed to safeguard all patients' medical records" at one Southern California hospital by giving files to Stephan and Liza Dean for about seven months without a contract. The couple's document storage firm kept those patient records at a warehouse in Indio that they shared with another man's party rental business and his Ford Mustang until 2010.

Until this week, the Deans also had emails from Kaiser and other files listing thousands of patients' names, Social Security numbers, dates of birth and treatment information stored on their home computers.

The state agency said it was awaiting more information from Kaiser on its "plan of correction" before considering any penalties.

Officials at the U.S. Department of Health and Human Services began looking into Kaiser's conduct last year after receiving a complaint from the Deans about the healthcare provider's handling of patient data, letters from the agency show. Kaiser said it hadn't been contacted by federal regulators, and a Health and Human Services spokesman declined to comment.

Kaiser said it remained confident that this patient information was never disclosed or accessed inappropriately. It said that some employees were disciplined because company policies were not followed and that it had informed regulators of the steps it had taken to ensure this type of incident didn't happen again.

"Kaiser Permanente is committed to protecting the medical and personal privacy of its patients," spokesman John Nelson said. "In retrospect, we certainly wish we'd never done business with Mr. Dean."

Even with tougher government oversight of medical privacy in recent years, this case underscores how confidential patient information remains vulnerable in the hands of big healthcare institutions and legions of outside contractors.

"Kaiser has shown extraordinary recklessness in this situation," said Beth Givens, director of the Privacy Rights Clearinghouse in San Diego. "Healthcare companies have to make sure their contractors adhere to ironclad security practices."

Federal and state laws impose strict standards on anyone dealing with patient information. The privacy rule of the federal Health Insurance Portability and Accountability Act, known as HIPAA, bans the unauthorized disclosure of individuals' medical records and requires healthcare providers and vendors, such as billing and storage companies, to protect the information.

Despite those rules, personal medical information of 21 million people nationwide has been improperly exposed since 2009, according to federal data. Last year, Blue Cross Blue Shield of Tennessee agreed to pay $1.5 million to resolve allegations it violated federal law after 57 computer hard drives with patient information were stolen from an outside facility.

In October, Kaiser sued the Deans in Riverside County Superior Court, accusing them of violating their contract by not returning all of its patient information two years ago when Kaiser picked up the paper records.

In court filings, Kaiser said the Deans put patient data at risk by leaving two computer hard drives in their garage with the door open. In response, Stephan Dean moved them to a spare room. On a recent day they sat next to a red recliner where Ziggy, the family's black-and-white cat, curled up for a nap. Dean said those hard drives contained spreadsheets on thousands of Kaiser patients, prepared at the company's request.

At one point, Dean told Kaiser he was planning to contact patients about the whereabouts of their medical information because he felt Kaiser hadn't taken proper precautions. The company sought a temporary restraining order against Dean, barring him from disclosing any confidential information. A Superior Court judge granted Kaiser's request until Thursday, when another hearing is scheduled.

Dean, 47, got his foot in the door at Kaiser from his previous work labeling paper folders for courthouses, hospitals and doctors.

But the demand for folders was slipping as hospitals and doctors used computers more. Kaiser was at the forefront of this as it invested billions of dollars in its HealthConnect system, which it bills as the largest private-sector electronic health record in the world. Kaiser, with more than 9 million customers, is the nation's largest nonprofit insurer and hospital system.

Dean said his small business, Sure File Filing Systems, got a big break when Kaiser acquired the Moreno Valley Community Hospital in 2008. The company needed to organize and clear out thousands of old patient files and it gave the job to the Deans, Kaiser records show.

In August 2008, the Deans started packing up thousands of files from Moreno Valley and moving them to the warehouse in Indio.

Hospital clerks routinely messaged Dean asking him to pull records on specific patients, emails sent by Kaiser to Sure File show. Dean said some Kaiser employees would put the patient's full name in the subject line of the email, and other messages listed the patient's Social Security number, date of birth, doctors' names and treatment dates. One message started, "Good Morning Sure File," and requested adoption records for a child.

Dean said Kaiser showed little concern for patient privacy in handling those requests. Only one out of more than 600 emails from Kaiser was password-protected with encryption, he said. Many medical providers use such technology so information isn't visible to others.

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California parks officials deliberately hid money, report says

Fear of embarrassment and budget cuts led California parks officials to intentionally conceal millions of dollars in a department account, according to an investigation conducted by the state attorney general's office.

The report, released Friday, is the most detailed official narrative yet regarding the root of the accounting scandal at the parks department.

The scandal broke last summer when it was revealed that the parks department had a hidden surplus of nearly $54 million even though it was threatening to close dozens of facilities.

About $20 million was found in an account where entrance fees and other revenues are deposited. Accounting discrepancies appeared to begin innocently more than a decade ago, leading to fluctuating reports on how much money was in the fund, investigators said.

But in 2002, when the problems were identified, parks officials made a "conscious and deliberate" decision not to reveal the money to officials at the Department of Finance, which plans the state budget.

Multiple high-ranking officials were involved, including the former chief deputy director, Michael Harris, who later lost his job over the scandal. However, the report said it remained unclear whether ousted director Ruth Coleman knew about the accounting problems. Coleman declined to be interviewed for the investigation.

Parks officials didn't report the money because they were concerned that their already reduced budget would be cut even further if the state's number-crunchers knew they had more money in a department account, the report said. Interviews conducted by investigators also showed that officials feared embarrassment if the accounting problems were revealed.

"Throughout this period of intentional non-disclosure, some parks employees consistently requested, without success, that their superiors address the issue," the report said. It wasn't until a new deputy director was installed at the parks department in January 2012 was the issue reported.

Richard Stapler, a spokesman for the California Natural Resources Agency, said officials are still determining whether the investigation will result in criminal charges.

John Laird, the resources secretary, said new policies and staff are in place to prevent similar problems in the future.

"It is now clear that this is a problem that could have been fixed by a simple correction years ago, instead of being unaddressed for so long that it turned into a significant blow to public trust in government," Laird, who oversees the parks department, said in a statement.

The rest of the $54 million was found in an account for off-road vehicle parks. Investigators said accounting discrepancies there appeared to be unintentional, and the result of various bookkeeping problems involving loans and tax changes.

For example, a 2010 modification to the gas tax mistakenly pumped millions of excess dollars into the off-road account, the report said. That problem has been fixed and the money has been reallocated, according to the Department of Finance.

The investigation from the attorney general's office is the third review of the parks department in recent weeks. One more report, from the state auditor, is expected to be released.

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'McDreamy' says he beat Starbucks for coffee chain

SEATTLE (AP) — "Grey's Anatomy" star Patrick Dempsey may be the real "McSteamy."

The actor, who was dubbed "McDreamy" as a star of the hospital drama while his co-star was called "McSteamy," may soon be serving hot, steaming cups of Joe.

Dempsey won a bankruptcy auction to buy Tully's Coffee, a small coffee chain based in Seattle. Among those he beat out is Tully's much bigger Seattle neighbor, Starbucks Corp., which is known for its ubiquitous white cups with a circular green mermaid logo.

Dempsey, whose company Global Baristas LLC plans to keep the Tully's name, declared victory on the social media site Twitter: "We met the green monster, looked her in the eye, and...SHE BLINKED! We got it! Thank you Seattle!

The win for Dempsey deals a rare setback for Starbucks on its home turf. Starbucks has long been both praised for bringing "coffeehouse culture" to the U.S. and criticized for crushing smaller chains. The coffee giant, which had planned to convert the Tully's cafes to its own brand, last month announced plans to expand its global footprint to 20,000 cafes over the next two years, up from the current 18,000.

Dempsey said in an interview on Friday that as the underdog in Seattle, Tully's will need to find its identity.

"It's a much smaller chain that has a lot of potential that hasn't been given the proper care," he said.

But in a statement shortly after the auction on Thursday, Starbucks insinuated that Dempsey shouldn't celebrate just yet.

Starbucks, which wanted to convert the Tully's cafes to its own brand, said that a final determination on the winning bid won't be made until a court hearing on Jan. 11. Starbucks said it's in a "back-up" position" to buy 25 of the 47 Tully's cafes, with another undisclosed bidder making an offer for the remainder.

The combined bids of Starbucks and the undisclosed bidder come to $10.6 million, above the $9.2 million Dempsey's company is offering to pay through his company, which was formed in order to purchase Tully's. The other investors in Global Baristas aren't being disclosed.

Tully's Coffee, which is known for serving Joe with a milder taste than Starbucks brand, filed for Chapter 11 bankruptcy protection in October, citing lease obligations and underperforming stores. Tully's wholesale business, which includes Tully's Coffee in bags and single serve K-cup packs that are sold in supermarkets and other stores, is owned separately by Green Mountain Coffee Roasters Inc.

TC Global Inc., the parent company of Tully's, said in a release Friday that it was "encouraged and excited" about Dempsey's commitment to the chain.

Tully's President and CEO Scott Pearson called the deal a "great match" and that the goal is to make sure creditors get paid and to keep as many people employed as possible.

Dempsey said he planned to be very involved in the running of the company, adding that the immediate challenges were to address bookkeeping issues, staff morale and sprucing up the coffee shops. Once the business is stabilized, Dempsey said the long-term goal would be to take the chain national.

"We can pull this off. We just have to take steps that are slow and smart," he said. "I'm going to get behind the counter. I'm going to serve coffee...I'm going to give the company a boost of energy."

Although Dempsey lives in Los Angeles, he plans to spend more time in Seattle, the city where "Grey's Anatomy" is set in. Dempsey said he believed there is room in the city for Tully's and the much larger Starbucks; he noted there might be people who are rooting for the underdog.

"In a society where there are so many big corporations that swallow the little guy, we thought, let's not let this happen to this company," he said.

Dempsey made an appearance Friday morning at a Tully's near Pike Place Market, shaking hands with workers and greeting customers before visiting other stores. Several dozen people, mostly women, came into the store.

Patrease Estelle, 45, works nearby, and came in with a small group from her office.

"I will take whatever I can get. A photo, a hug, a 'hey, how you doing,' a wink," said Estelle, who got a picture and handshake with the actor.

___

Blankinship reported from Seattle and Choi from New York.

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F.D.A. Offers Rules to Stop Food Contamination

The Food and Drug Administration on Friday proposed two sweeping rules aimed at preventing the contamination of produce and processed foods, taking a long-awaited step toward codifying the food safety law that Congress passed two years ago.

Nicole Bengiveno/The New York Times

A new rule imposed by the F.D.A. would establish different standards for ensuring the purity of water that touches fruits and vegetables.

The proposed rules represent a sea change in the way the agency polices food, a process that currently involves swinging into action after food contamination has been identified rather than protecting against it before it hits grocery shelves.

“These new rules really set the basic framework for a modern, science-based approach to food safety and shifts us from a strategy of reacting to problems to a strategy for preventing problems,” Michael R. Taylor, deputy commissioner for foods and veterinary medicine at the F.D.A., said in an interview.

The F.D.A. is responsible for the safety of about 80 percent of the food that the nation consumes. The remainder of the burden falls to the Department of Agriculture, which is responsible for meat, poultry and some eggs. One in six Americans becomes ill from eating contaminated food each year, the government estimates; of those, roughly 130,000 are hospitalized and 3,000 die.

Congress passed the groundbreaking Food Safety Modernization Act in 2010 after a wave of incidents involving tainted eggs, peanut butter and spinach sickened thousands of people and led major food makers to join consumer advocates in demanding stronger government oversight.

But it took the Obama administration two years to move the rules through the F.D.A., prompting accusations by advocates that the White House was more concerned about protecting itself from Republican criticism than about public safety.

Mr. Taylor said, however, that the delay was a function of the wide variety of foods that the rules had to encompass and the complexity of the food system. “Anything that is important and complicated will always take longer than you would like,” he said.

The first rule would require manufacturers of processed foods sold in the United States to identify, adopt and carry out measures to reduce the risk of contamination. Food companies also would be required to have a plan for correcting any problems that might arise and for keeping records that F.D.A. inspectors could use for audit purposes.

One such preventive measure might be the roasting of raw peanuts at a temperature guaranteed to kill salmonella bacteria, which has been a problem in nut butters in recent years. Roasted nuts might then be sequestered from incoming raw nuts to further reduce the risk of contamination, said Sandra B. Eskin, director of the safe food campaign at the Pew Charitable Trusts.

“This is very good news for consumers,” Ms. Eskin said. “We applaud the administration’s action, which demonstrates its strong commitment to making our food safer.”

The second rule would apply to the harvesting and production of fruits and vegetables in an effort to combat the bacterial contamination that has arisen over the last decade, particularly from E. coli, a bacterium that is transmitted through feces. It would address what advocates refer to as the “four Ws” — water, waste, workers and wildlife.

Farmers would establish different standards for ensuring the purity of water that touches, say, lettuce leaves and the water used to saturate soil, which will only nourish plants through their roots.

A farm or plant where vegetables are packaged might, for example, add lavatories to ensure that workers do not urinate in fields and post signs similar to those in restaurants that remind employees to wash their hands.

The food industry cautiously applauded the arrival of the proposed rules, with most companies and industry groups noting that they would be poring over them and making comments as necessary in the coming weeks.

“Consumers expect industry and government to work together to provide Americans and consumers around the world with the safest possible products,” the Grocery Manufacturers Association said in a statement. “FSMA and its implementation effort can serve as a role model for what can be achieved when the private and public sectors work together to achieve a common goal.”

The association noted that the F.D.A. will have to issue more than 50 regulations to fully carry out the new law.

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S&P 500 index closes at a five-year high

NEW YORK — Standard & Poor's 500 closed at its highest in five years Friday after a report showed that hiring held up in December, giving stocks an early lift.

The S&P 500 finished up 7.10 points at 1,466.47, its highest close since December 2007.

The index began its descent from a record close of 1,565.15 in October 2007, as the early signs of the financial crisis began to emerge. The index bottomed out in March 2009 at 676.53 before staging a recovery that has seen it more than double in value and move to within 99 points of its all-time peak.

The Dow Jones industrial average finished 43.85 points higher at 13,435.21. It gained 3.8% for the week, its biggest weekly advance since June. The Nasdaq closed up 1.09 point at 3,101.66.

Stocks have surged this week after lawmakers passed a bill to avoid a combination of government spending cuts and tax increases that have come to be known as the "fiscal cliff." The law passed late Tuesday night averted that outcome, which could have pushed the economy back into recession.

The Labor Department said U.S. employers added 155,000 jobs in December, showing that hiring held up during the tense fiscal negotiations in Washington. It also said hiring was stronger in November than first thought. The unemployment rate held steady at 7.8%.

The jobs report failed to give stocks more of a boost because the number of jobs was exactly in line with analysts' forecasts, said JJ Kinahan, chief derivatives trader for TD Ameritrade.

"The jobs report couldn't have been more in line," Kinahan said. "The market had more to lose than to gain from it."

Among stocks making big moves, Eli Lilly and Co. jumped $1.84, or 3.7%, to $51.56 after saying that its earnings will grow more than Wall Street expects, even though the drugmaker will lose U.S. patent protection for two more product types this year.

Walgreen Co., the nation's largest drugstore chain, fell 61 cents, or 1.6 percent, to $37.18 after the company said that a measure of revenue fell more than analysts had expected in December, even as prescription counts continued to recover.

Stocks may also be benefiting as investors adjust their portfolios to favor stocks over bonds, said TD Ameritrade's Kinahan. A multi-year rally in bonds has pushed up prices for the securities and reduced the yield that they offer, in many cases to levels below company dividends.

Goldman Sachs reaffirmed its view that stocks "can be an attractive source of income," and warned that there is a risk that bonds may fall. In a note to clients, the investment bank said that an index of AAA rated corporate bonds offers a yield of just 1.6 percent, less than the S&P 500's dividend yield of 2.2%.

The 10-year Treasury note fell, pushing its yield higher. The yield on the 10-year note fell 2 basis points to 1.91%. The note's yield has now climbed 52 basis points since falling to its lowest in at least 20 years in July.

Other notable stock moves;

-- Accuray Inc. plunged $1.37, or 20%, to $5.41 after the radiation oncology equipment company reported weak sales and said it would cut 13% of its staff.

-- Lululemon, a yoga apparel maker, dropped $3.14, or 4.2 percent, to $71.95 after Credit Suisse predicted slowing momentum and downgraded its stock.

-- Finish Line Inc., an athletic footwear and clothing company, fell $1.58, or 8.3%, to $17.18 after it reported a small loss after sneaker trends changed and customers didn't take to its new web site launched in November. Analysts had forecast a profit.

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Bieber urges crackdown on paparazzi after photographer's death

Justin Bieber and his collection of exotic cars have been tantalizing targets for celebrity photographers ever since the young singer got his driver's license.

A video captured the paparazzi chasing Bieber through Westside traffic in November. When Bieber's white Ferrari stops at an intersection, the video shows the singer turning to one of the photographers and asking: "How do your parents feel about what you do?"

A few months earlier, he was at the wheel of his Fisker sports car when a California Highway Patrol officer pulled him over for driving at high speeds while trying to outrun a paparazzo.

This pursuit for the perfect shot took a fatal turn Tuesday when a photographer was hit by an SUV on Sepulveda Boulevard after taking photos of Bieber's Ferrari. And the singer now finds himself at the center of the familiar debate about free speech and the aggressive tactics of the paparazzi.

Since Princess Diana's fatal accident in Paris in 1997 while being pursued by photographers, California politicians have tried crafting laws that curb paparazzi behavior. But some of those laws are rarely used, and attorneys have challenged the constitutionality of others.

On Wednesday, Bieber went on the offensive, calling on lawmakers to crack down.

"Hopefully this tragedy will finally inspire meaningful legislation and whatever other necessary steps to protect the lives and safety of celebrities, police officers, innocent public bystanders and the photographers themselves," he said in a statement.

It remained unclear if any legislators would take up his call. But Bieber did get some support from another paparazzi target, singer Miley Cyrus.

She wrote on Twitter that she hoped the accident "brings on some changes in '13 Paparazzi are dangerous!"

Last year, a Los Angeles County Superior Court judge threw out charges related to a first-of-its-kind anti-paparazzi law in a case involving Bieber being chased on the 101 Freeway by photographer Paul Raef. Passed in 2010, the law created punishments for paparazzi who drove dangerously to obtain images.

But the judge said the law violated 1st Amendment protections by overreaching and potentially affecting such people as wedding photographers or photographers speeding to a location where a celebrity was present.

The L.A. city attorney's office is now appealing that decision.

Raef's attorney, Dmitry Gorin, said new anti-paparazzi laws are unnecessary.

"There are plenty of other laws on the books to deal with these issues. There is always a rush to create a new paparazzi law every time something happens," he said. "Any new law on the paparazzi is going to run smack into the 1st Amendment. Truth is, most conduct is covered by existing laws. A lot of this is done for publicity."

Coroner's officials have not identified the photographer because they have not reached the next of kin. However, his girlfriend, Frances Merto, and another photographer identified him as Chris Guerra.

The incident took place on Sepulveda Boulevard near Getty Center Drive shortly before 6 p.m. Tuesday. A friend of Bieber was driving the sports car when it was pulled over on the 405 Freeway by the California Highway Patrol. The photographer arrived near the scene on Sepulveda, left his car and crossed the street to take photos. Sources familiar with the investigation said the CHP told him to leave the area. As he was returning to his vehicle, he was hit by the SUV.

Law enforcement sources said Wednesday that it was unlikely charges would be filed against the driver of the SUV that hit the photographer.

Veteran paparazzo Frank Griffin took issue with the criticism being directed at the photographer as well as other paparazzi.

"What's the difference between our guy who got killed under those circumstances and the war photographer who steps on a land mine in Afghanistan and blows himself to pieces because he wanted the photograph on the other side of road?" said Griffin, who co-owns the photo agency Griffin-Bauer.

"The only difference is the subject matter. One is a celebrity and the other is a battle. Both young men have left behind mothers and fathers grieving and there's no greater sadness in this world than parents who have to bury their children."

Others, however, said the death focuses attention on the safety issues involving paparazzi

"The paparazzi are increasingly reckless and dangerous. The greater the demand, the greater the incentive to do whatever it takes to get the image," said Blair Berk, a Los Angeles attorney who has represented numerous celebrities. "The issue here isn't vanity and nuisance, it's safety."

richard.winton@latimes.com

andrew.blankstein@latimes.com

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Samsung and Apple are still the only winners in the mobile market

The duopoly of the U.S. mobile market intensified dramatically in 2012. Despite increased efforts from Motorola, LG (066570), HTC (2498), Nokia (NOK) and Microsoft (MSFT) to gain market share, Samsung (005930) and Apple (AAPL) continue to steal customers away from every other company. During a three-month period ending in November, comScore found that Samsung’s lead in the U.S. smartphone market increased 1.2 percentage points for a controlling 26.9% share. Apple’s smartphone market share grew from 17.1% to 18.5%, gaining 1.4 points following the launch of the iPhone 5. Rounding out the top-five were LG, Motorola and HTC, all of which saw their market shares decrease from August. LG fell 0.7 points to 17.5%, Motorola dropped 0.8 points to 10.4% and HTC’s market share decreased from 6.3% to 5.9%.

[More from BGR: Samsung confirms plan to begin inching away from Android]

[More from BGR: ‘iPhone 5S’ to reportedly launch by June with multiple color options and two different display sizes]

The research firm found that 123.3 million people in the U.S. owned smartphones during the period, an increase of 6% since August. A majority of devices, 53.7%, were powered by Google’s (GOOG) Android operating system, which saw growth of 1.1 percentage points. Apple’s iOS market share increased 0.7 percentage points to 35%.

2012 was a transitional year for Research in Motion (RIMM) and Microsoft. Both companies spent most of the year preparing new operating systems. RIM will unveil its BlackBerry 10 operating system later this month and devices powered by Windows Phone 8 launched this past November. As a result, both companies saw lost share toward the end of 2012; RIM’s BlackBerry platform ranked third with a 7.3% share, down from 8.3% in August, and Microsoft’s operating system dropped 0.6 percentage points to a 3% share of the market.

This article was originally published by BGR

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Plot spoilers pose 'Downton Abbey' challenge

LOS ANGELES (AP) — There are many delicious reasons to watch the returning "Downton Abbey" and an exasperating one to skip it: The cover's been blown on major plot twists.

In what may be outsized revenge for the American Revolution — or payback for years of exporting lousy U.S. TV and fast food — the Brits are sharing "Downton Abbey" with us, but only after first airing each season.

That wouldn't matter much in the drama's early 20th-century setting but we're not there, are we, PBS and U.K. network ITV? A little gimmick called the Internet makes it impossible to keep story developments from spreading like germ warfare.

As with sports fans who must avoid all media and big-mouthed friends to keep game scores a surprise, "Downton Abbey" addicts are forced to shun rude news reports and blogs about what happens to character A, B or C (no spoilers here, promise).

Heedlessly type in "Downton Abbey season three" online and you risk stumbling into the startling truth that ... well, never mind. If you know, you have our sympathy. If you don't, live in blessed ignorance and careful isolation from Sunday's debut until the Feb. 17 season finale.

"It is unfair that England gets to see 'Downton Abbey' before us because we beat them in a war" was the saucy comment posted on Twitter by producer Damon Lindelof of "Lost" fame.

It's certainly a development galling enough to draw insults. But as Downton's courtly master, Lord Grantham (Hugh Bonneville), once rebuked a blunt-spoken visitor: Steady on, sir, the ladies have suffered quite enough of a shock!

Rebecca Eaton, executive producer of PBS' "Masterpiece" showcase that's home to "Downton," contends it's premature to assess the impact here of the U.K. airing that wrapped Christmas Day. Will ratings be dented by dampened enthusiasm or piracy?

"It will be difficult to say until it airs in this country," Eaton said, with the size of the audience providing a key measurement.

The bar is high compared with last year, when "Downton Abbey" became the most-watched series ever for "Masterpiece" with more than 17 million viewers across seven episodes. With its swooning, buzz-worthy romances, the drama also fed social media and gave PBS a new veneer of cool.

But what's to be done if the season endgame is stuck in your brain? As a famous Brit said in more dire circumstances, never surrender! Go along for the ride that the beautifully produced soap opera-cum-fairy tale offers, admiring how the devilishly clever Julian Fellowes, its creator and writer, foreshadows the events to come.

As Downton's residents adjust to post-War War I England, "there are chills and spills involved in that for all the characters, some laughs and some tears," as Fellowes neatly summed it up.

Knowing the destination doesn't mean you can't appreciate the scenery, including these highlights:

— Newcomer Shirley MacLaine as an American visitor, talking smack with British in-law Violet (Maggie Smith), each wittily knocking the other's nation and values. MacLaine wears pasty, kabuki-like makeup as armor; Smith meets insults with world-weary eyes.

— Michelle Dockery keeping it real as Lady Mary, who's surrendered to love with Matthew (Dan Stevens) while barely softening her sharp edges and steely devotion to family tradition. Bonus: The willowy actress was born to wear sleek 1920s dresses.

— Fashion and its evolution, as Downton's upstairs ladies move from lovely but fussy wardrobes to sassier, clean-lined garb and (except for steadfast Mary) shorter hair, reflections of liberating changes that include the promise of universal suffrage for all British women.

— Stevens as golden-boy Matthew, emerging intact from World War I and still conflicted about his future role as lord of the manor. A side game: See if Stevens, smart as he is, looks distracted by the novels he read on the set as a judge for Britain's Man Booker Prize.

— Cultural, medical and other period tidbits, which are fascinating and a reminder that wise historians never would choose to live in a time before their own. In one instance, a character who may have cancer is told that test results will take up to two nerve-shattering months.

— Fellows' charming faith in the tender side of revolutionaries, at least ones that mate with landed gentry. Irish chauffeur-turned-activist Tom Branson (Allen Leech), who previously turned moist-eyed over the murder of the Russian royal family, loses it again in season three over fiery political warfare.

— A stately house, but fast-paced action. Fellowes said he took a cue from the American mash-up approach to storytelling perfected in shows like "ER" and "The West Wing," with stories big and small, sad and funny and "all sort of plotted up together." The look is period but the energy is "much more modern," as Fellowes put it.

But modernity can be troublesome, proof being the Internet imperiling the drama's surprises for U.S. viewers. Whatever the outcome, Eaton said "Masterpiece" will tread carefully in making changes.

ITV is the primary funder of "Downton Abbey" and has international premiere rights. While a September debut fits the U.K. TV marketplace, it would mean stiffer competition for "Downton" as U.S. networks launch their fall slates, Eaton said.

"We want to make sure we don't do something with 'Downton' that will hurt it in the long run," she said — which, for now, extends to the drama's fourth season set to air on "Masterpiece," its co-producer with Carnival Films.

As for the current run, Eaton, who's no spoilsport, had only this to say: "I think it's the best season yet."

___

Online:

http://www.pbs.org

___

EDITOR'S NOTE — Lynn Elber is a national television columnist for The Associated Press. She can be reached at lelber(at)ap.org.

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Scant Proof Is Found to Back Up Claims by Energy Drinks

Energy drinks are the fastest-growing part of the beverage industry, with sales in the United States reaching more than $10 billion in 2012 — more than Americans spent on iced tea or sports beverages like Gatorade.

Their rising popularity represents a generational shift in what people drink, and reflects a successful campaign to convince consumers, particularly teenagers, that the drinks provide a mental and physical edge.

The drinks are now under scrutiny by the Food and Drug Administration after reports of deaths and serious injuries that may be linked to their high caffeine levels. But however that review ends, one thing is clear, interviews with researchers and a review of scientific studies show: the energy drink industry is based on a brew of ingredients that, apart from caffeine, have little, if any benefit for consumers.

“If you had a cup of coffee you are going to affect metabolism in the same way,” said Dr. Robert W. Pettitt, an associate professor at Minnesota State University in Mankato, who has studied the drinks.

Energy drink companies have promoted their products not as caffeine-fueled concoctions but as specially engineered blends that provide something more. For example, producers claim that “Red Bull gives you wings,” that Rockstar Energy is “scientifically formulated” and Monster Energy is a “killer energy brew.” Representative Edward J. Markey of Massachusetts, a Democrat, has asked the government to investigate the industry’s marketing claims.

Promoting a message beyond caffeine has enabled the beverage makers to charge premium prices. A 16-ounce energy drink that sells for $2.99 a can contains about the same amount of caffeine as a tablet of NoDoz that costs 30 cents. Even Starbucks coffee is cheap by comparison; a 12-ounce cup that costs $1.85 has even more caffeine.

As with earlier elixirs, a dearth of evidence underlies such claims. Only a few human studies of energy drinks or the ingredients in them have been performed and they point to a similar conclusion, researchers say — that the beverages are mainly about caffeine.

Caffeine is called the world’s most widely used drug. A stimulant, it increases alertness, awareness and, if taken at the right time, improves athletic performance, studies show. Energy drink users feel its kick faster because the beverages are typically swallowed quickly or are sold as concentrates.

“These are caffeine delivery systems,” said Dr. Roland Griffiths, a researcher at Johns Hopkins University who has studied energy drinks. “They don’t want to say this is equivalent to a NoDoz because that is not a very sexy sales message.”

A scientist at the University of Wisconsin became puzzled as he researched an ingredient used in energy drinks like Red Bull, 5-Hour Energy and Monster Energy. The researcher, Dr. Craig A. Goodman, could not find any trials in humans of the additive, a substance with the tongue-twisting name of glucuronolactone that is related to glucose, a sugar. But Dr. Goodman, who had studied other energy drink ingredients, eventually found two 40-year-old studies from Japan that had examined it.

In the experiments, scientists injected large doses of the substance into laboratory rats. Afterward, the rats swam better. “I have no idea what it does in energy drinks,” Dr. Goodman said.

Energy drink manufacturers say it is their proprietary formulas, rather than specific ingredients, that provide users with physical and mental benefits. But that has not prevented them from implying otherwise.

Consider the case of taurine, an additive used in most energy products.

On its Web site, the producer of Red Bull, for example, states that “more than 2,500 reports have been published about taurine and its physiological effects,” including acting as a “detoxifying agent.” In addition, that company, Red Bull of Austria, points to a 2009 safety study by a European regulatory group that gave it a clean bill of health.

But Red Bull’s Web site does not mention reports by that same group, the European Food Safety Authority, which concluded that claims about the benefits in energy drinks lacked scientific support. Based on those findings, the European Commission has refused to approve claims that taurine helps maintain mental function and heart health and reduces muscle fatigue.

Taurine, an amino acidlike substance that got its name because it was first found in the bile of bulls, does play a role in bodily functions, and recent research suggests it might help prevent heart attacks in women with high cholesterol. However, most people get more than adequate amounts from foods like meat, experts said. And researchers added that those with heart problems who may need supplements would find far better sources than energy drinks.

Hiroko Tabuchi contributed reporting from Tokyo and Poypiti Amatatham from Bangkok.

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World's 100 richest people got $241 billion richer in 2012

The richest people on the planet got even richer in 2012, adding $241 billion to their collective net worth, according to the Bloomberg Billionaires Index, a daily ranking of the world's 100 wealthiest individuals.

The aggregate net worth of the world's top 100 stood at $1.9 trillion at the market close Dec. 31, according to the index. Of the people who appeared on the final ranking of 2012, only 16 registered a net loss for the 12-month period.

"Last year was a great one for the world's billionaires," said John Catsimatidis, the billionaire owner of Red Apple Group Inc., in an email written poolside on his BlackBerry in the Bahamas. "In 2013, they will continue looking for investments around the world — and not necessarily in U.S. — that will give them an advantage."

Amancio Ortega, the Spaniard who founded retailer Inditex, was the year's biggest gainer. The 76-year-old tycoon's fortune increased to $57.5 billion, a gain of $22.2 billion, according to the index, as shares of the retailer that operates the Zara clothing chain rose 66.7%.

"It's an amazing company that has done great, and the gains are quite justified given its performance," said Christodoulos Chaviaras, an analyst at Barclays in London who's had an "equalweight" rating on Inditex for about a year. "Can they repeat that? It will be harder. A lot of the positive news is already reflected in the share price."

Global stocks soared in 2012. The MSCI World Index gained 13.2% during the year to close at 1338.50 on Dec. 31. The Standard & Poor's 500 index rose 13.4% to close at 1426.19.

European stocks surged in the second half of the year. The Stoxx Europe 600 index is up 19.6% since June 4, advancing as the European Central Bank introduced bond-buying programs, S&P upgraded Greece's debt and German business confidence rose more than forecast. The benchmark gauge's 14.4% advance for the year was the best annual return since 2009.

Carlos Slim, the telecommunications magnate who controls Mexico's America Movil, maintained his title as the richest person on Earth for the entire year. The 72-year-old's net worth rose $13.4 billion, or 21.6%, through Dec. 31, making him the second-biggest gainer by dollars.

Gains by Slim's industrial conglomerate, Grupo Carso, and Grupo Financiero Inbursa, his banking and insurance operation, more than offset the decline posted by America Movil, his biggest holding. The largest mobile phone operator in the Americas by subscribers fell 5.8% to close at 14.9 pesos at the end of the year.

U.S. software mogul Bill Gates, 57, ranks second on the list, trailing Slim by $12.5 billion. The Microsoft Corp. co-founder added $7 billion to his net worth as shares of the Redmond, Wash., company rose 2.9%. Microsoft stock accounts for less than 20% of the billionaire's fortune.

Warren Buffett, 82, lost his title as the world's third-richest man to Ortega on Aug. 6. The Berkshire Hathaway Inc. chairman gained $5.1 billion during the year, even after donating 22.3 million Berkshire Class B shares in July to charity. The billionaire, who has pledged to give away most of his fortune, spent much of the year pressing for higher taxes on the wealthy.

Ikea founder Ingvar Kamprad, 86, is the world's fifth-richest person with a $42.9-billion fortune. The complex ownership structure behind Ikea, the world's largest furniture retailer, became more transparent in August after Ikea's franchisor published its financial performance publicly for the first time. His net worth rose 16.6% in 2012.

Brazil's Eike Batista, 56, was the year's biggest loser by dollars, falling $10.1 billion. The commodities maven, who vowed a year ago that he'd become the world's wealthiest man by 2015, sold a 5.63% stake in his EBX Group Co. in March to Abu Dhabi's Mubadala Development Co.

As part of the deal, he pledged an unspecified additional stake in 2019 if he fails to meet a 5% annual return on the sovereign wealth fund's $2-billion investment, according to a person with knowledge of the deal. Batista now ranks 75th in the world with a net worth of $12.4 billion. On March 27, he was worth $34.5 billion and ranked 8th on the Bloomberg index.

Batista's former title as the richest Brazilian is now held by 73-year-old banker Jorge Paulo Lemann, who ranks 37th on the index with an $18.8-billion fortune. The country's second-richest person is Dirce Camargo, the matriarch behind Camargo Correa, the Sao Paulo conglomerate that has interests in cement, electricity and Havaianas flip-flops. Her net worth is $13.4 billion, according to the Bloomberg ranking.

Camargo, who doesn't appear on any other major international wealth ranking, is one of 54 billionaires the index uncovered during the year. Among the others: Hamdi Ulukaya, the 40-year-old Turkish immigrant owner of Chobani, the bestselling yogurt brand in the U.S.; South Africa's Nathan "Natie" Kirsh, 80, who amassed a $5.4-billion fortune in retail and real estate; and Elaine Marshall, 70, whose 14.6% ownership of closely held Koch Industries makes her the fourth-richest woman in America. She is worth $14.1 billion.

Koch Industries' two other shareholders, the brothers Charles and David Koch, are each worth $40.9 billion, up $7.1 billion, or 20.9%, for the year.

Oracle Corp. founder Larry Ellison rose $6.4 billion in 2012 as shares of the world's largest database company jumped 31.7%. Ellison, 68, who has more than tripled the amount of Oracle stock he has pledged against lines of credit in the last year, agreed to buy 98% of Hawaii's Lanai island. The 141-square-mile parcel with no traffic lights was purchased from billionaire David Murdock, the 89-year-old chairman of Dole Food Co., the world's largest producer of fresh fruit and vegetables.

The bulk of Ellison's fortune comes from his 23.5% stake in Oracle. He also has interests in software makers NetSuite Inc. and LeapFrog Enterprises Inc., as well as property holdings, including estates in California and Newport, R.I.

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Enraged Chris Christie attacks Boehner, House GOP over Sandy aid

New Jersey Gov. Chris Christie delivered a spirited condemnation of Republican House leadership for its reluctance to vote on a relief bill for Hurricane Sandy.

WASHINGTON – Enraged over Congress' failure to approve disaster relief for victims of Superstorm Sandy, Gov. Chris Christie of New Jersey unloaded Wednesday on House Speaker John A. Boehner and Republican lawmakers in Washington for putting "palace intrigue" ahead of their official responsibilities.

Washington politicians "will say whatever they have to say to get through the day," Christie said, adding that, as a governor, he had "actual responsibilities" -- "unlike people in Congress."

Christie, a potential 2016 GOP presidential contender, reserved his most blistering words for the Republican House speaker.  He described Boehner, variously, as selfish, duplicitous and gutless for reversing course at the last minute on Tuesday night and refusing to allow a vote on a $60-billion aid package before the current Congress adjourned.

PHOTOS: Scenes from the fiscal cliff

Christie said that as a result of "the speaker’s irresponsible action," there will be further delay in federal disaster aid to New Jersey, New York, Connecticut and other areas hit by the October storm. He pointed out that it had been 66 days since the storm hit and that areas struck by other hurricanes in recent years had received relief packages in far less time. 

However, as outrage continued to pour in from elected officials in the affected area, Boehner agreed to hold a vote Friday to direct needed resources to the National Flood Insurance Program. And on Jan. 15, the first full legislative day of the 113th Congress, the House will consider the remaining supplemental request for the victims of Hurricane Sandy.

But that came after Christie dished out his cold outrage on members of his own party. 

"Shame on you. Shame on Congress," Christie said at a news conference in Trenton, the state capital. "It's absolutely disgraceful, and I have to tell you, this used to be something that was not political. Disaster relief was something you didn't play games with." But "in this current atmosphere, [it's] a potential piece of bait for the political game.  It is why the American people hate Congress."

At another point, he said of Republicans in Congress: "We've got people down there who use the citizens of this country like pawns on a chessboard."

PHOTOS: 2016 presidential possibilities

"My party was responsible for this," Christie said, charging "one set of Republicans was trying to prove something to another set," and that Boehner was trying to "prove something. I hope he accomplished it."

Christie, whose disaster-relief-themed efforts to reach across partisan lines to President Obama in the days leading up to the election angered many Republicans, said he did not think that was a factor in Boehner's decision. 

But the governor, who delivered the keynote address at last summer's Republican National Convention and has helped raise money in recent years for fellow members of the party, did not rule out retaliating against his enemies in Washington.

"We'll see. Primaries are an ugly thing," he said.

[For the Record, 1:46 p.m. PST  Jan. 2: This post has been updated to include the House's new plan to vote on Sandy aid.]

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Ubuntu se mete en los celulares con un sistema operativo propio

Al igual que otras plataformas que buscan una convergencia entre el mundo móvil y la PC, Canonical confirmó el arribo de su sistema operativo Ubuntu a los dispositivos móviles. Disponible en una primera instancia como una instalación no oficial para la línea de smartphones Nexus 3, la versión de Linux utilizada en más de 20 millones busca posicionarse como una alternativa ante un mercado dominado por compañías como Apple y Google, junto a las propuestas de Microsoft con Windows Phone y Research in Motion con sus teléfonos BlackBerry.

La compañía dio un primer paso en febrero de 2012 con Ubuntu for Android , una distribución para “mejorar” el Android convencional.

La versión actual es un sistema operativo que sólo comparte con Android el uso de sus drivers (ambos están basados en Linux), pero no usa una máquina virtual Java, por lo que los 700.000 programas con las que cuenta Android no estarán disponibles directamente. Ubuntu tendrá su propia suite de aplicaciones, y permitirá la suma de nuevas que estén programadas en HTML5 o sean nativas.

Canonical también planea lanzar un teléfono de diseño propio que llegaría al mercado en 2014, pero no brindó mayores detalles sobre el fabricante involucrado. Los recientes cambios en la interfaz de Ubuntu, denominada Unity, marcaron una tendencia en la distribución hacia la interacción en pantallas sensibles al tacto, y este lanzamiento representa un primer paso de la distribución para ingresar en el mundo móvil de los smartphones y las tabletas.

Las prestaciones de una PC, en un dispositivo de bolsillo

Según Mark Shuttleworth, CEO de Canonical, en un principio esta versión de Ubuntu apunta a los entusiastas de la plataforma, pero con una rápida expansión hacia el resto de los usuarios. “Por primera vez en la historia los usuarios de los teléfonos celulares pueden tener las prestaciones completas que tiene en una PC, y tenemos una ventaja en esto”, dijo el ejecutivo.

Así lo explica Mark Shuttleworth en video, mostrando los gestos que permiten controlar Ubuntu móvil:

El concepto se asemeja a la modalidad presentada por Motorola con su teléfono Atrix , que se convertía en una PC al ser conectado en una base que servía de conexión con un monitor. A su vez, el móvil también podía ser utilizado como una notebook mediante un dispositivo denominado lapdock.

Aún no disponible para su descarga, la presentación formal de Ubuntu para teléfonos ante el público será en la feria Consumer Electronic Show de Las Vegas, en donde LA NACION estará presente para la cobertura de los primeros lanzamientos del año que realizará la industria.

En busca del podio móvil

Con los dispositivos basados en iOS y Android, varias compañías disputan ser la alternativa a las plataformas dominantes. Microsoft busca de la mano de Nokia posicionar a Windows Phone junto a fabricantes como HTC y Samsung. La compañía de Redmond también desea aprovechar la integración con Windows 8 para sacar provecho de su dominio en el mundo de las PC, un segmento en lento retroceso frente a los teléfonos inteligentes y tabletas.

En este punto, la integración entre las PC y los dispositivos móviles también forman parte de los objetivos de Apple, que replicó el exitoso modelo App Store en su línea de computadoras con Mac OS X, utilizado en el iPhone y la tableta iPad, mientras que Google mantiene su apuesta en su plataforma basada en la nube con servicios como Gmail y Drive, entre otros.

Por su parte, Research in Motion presentará su nueva plataforma BB10 , un demorado lanzamiento que tendrá lugar a fines de este mes y con el que busca recuperar el terreno perdido en los últimos años con un renovado teléfono móvil tactil basado en el sistema operativo QNX, utilizado en su tableta Playbook.

Dentro de este pelotón de contendientes también se encuentra Firefox OS , un competidor que más se asemeja a la filosofía de la plataforma de Canonical y que ofrece un sistema operativo basado en el navegador web de la fundación Mozilla. Cuenta con el apoyo de las principales operadoras de telecomunicaciones y apunta a contar con un teléfono de costo accesible para mercados emergentes.

Por su parte, un grupo de desarrolladores responsables de Meego, la plataforma utilizada por Nokia para el N9, se reunieron para presentar a Sailfish OS , un sistema operativo basado en Linux que se encuentra en una incipiente etapa de desarrollo y que planea tener también, al igual que Firefox OS y Ubuntu, un teléfono para mediados de este año.

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'Tennessee Waltz' singer Patti Page dies at 85

NASHVILLE, Tenn. (AP) — Unforgettable songs like "Tennessee Waltz" and "(How Much Is That) Doggie in the Window" made Patti Page the best-selling female singer of the 1950s and a star who would spend much of the rest of her life traveling the world.

When unspecified health problems finally stopped her decades of touring, though, Page wrote a sad-but-resolute letter to her fans late last year about the change.

"Although I feel I still have the voice God gave me, physical impairments are preventing me from using that voice as I had for so many years," Page wrote. "It is only He who knows what the future holds."

Page died on New Year's Day in Encinitas, Calif., according to publicist Schatzi Hageman, ending one of pop music's most diverse careers. She was 85 and just five weeks away from being honored at the Grammy Awards with a Lifetime Achievement Award from The Recording Academy.

Page achieved several career milestones in American pop culture, but she'll be remembered for indelible hits that crossed the artificial categorizations of music and remained atop the charts for months to reach a truly national audience.

"Tennessee Waltz" scored the rare achievement of reaching No. 1 on the pop, country and R&B charts simultaneously and was officially adopted as one of two official songs by the state of Tennessee. Its reach was so powerful, six other artists reached the charts the following year with covers.

Two other hits, "I Went To Your Wedding" and "Doggie in the Window," which had a second life for decades as a children's song, each spent more than two months at No. 1. Other hits included "Mockin' Bird Hill," ''Hush, Hush, Sweet Charlotte," and "Allegheny Moon." She teamed with George Jones on "You Never Looked That Good When You Were Mine."

Page was one of the last surviving American singers who was popular in the pre-Elvis Presley era when songs on the pop charts leaned more toward innocence than rock 'n' roll's overt obsession with sex. Page proved herself something of a match for the rockers, continuing to place songs on the charts into the 1960s.

Page never kept track, but was told late in life that she'd recorded more than 1,000 songs. That's not what she had in her mind growing up as young Clara Ann Fowler.

"I was a kid from Oklahoma who never wanted to be a singer, but was told I could sing," she said in a 1999 interview. "And things snowballed."

Her popularity transcended music. She became the first singer to have television programs on all three major networks, including "The Patti Page Show" on ABC.

She was popular in pop music and country and became the first singer to have television programs on all three major networks, including "The Patti Page Show" on ABC. In films Page co-starred with Burt Lancaster in his Oscar-winning appearance of "Elmer Gantry," and she appeared in "Dondi" with David Janssen and in "Boy's Night Out" with James Garner and Kim Novak.

She also starred on stage in the musical comedy "Annie Get Your Gun."

In 1999, after 51 years of performing, Page won her first Grammy for traditional pop vocal performance for "Live at Carnegie Hall — The 50th Anniversary Concert." Page was planning to attend a special ceremony on Feb. 9 in Los Angeles where she was to receive a lifetime achievement award from The Recording Academy.

Neil Portnow, the Academy's president and CEO, said he spoke with Page and she had been "grateful and excited" to receive the honor. "Our industry has lost a remarkable talent and a true gift, and our sincere condolences go out to her family, friends and fans who were inspired by her work."

Page was born Nov. 8, 1927, in Claremore, Okla. The family of three boys and eight girls moved a few years later to nearby Tulsa.

She got her stage name working at radio station KTUL, which had a 15-minute program sponsored by Page Milk Co. The regular Patti Page singer left and was replaced by Fowler, who took the name with her on the road to stardom.

Page was discovered by Jack Rael, a band leader who was making a stop in Tulsa in 1946 when he heard Page sing on the radio. Rael called KTUL asking where the broadcast originated. When told Page was a local singer, he quickly arranged an interview and abandoned his career to be Page's manager.

A year later she signed a contract with Mercury Records and began appearing in nightclubs in the Chicago area.

Her first major hit was "With My Eyes Wide Open I'm Dreaming," but she got noticed a few years earlier in 1947 with "Confess."

She created a distinctive sound for the music industry on that song by overdubbing her own voice when she didn't have enough money to hire backup singers for the single.

"We would have to pay for all those expenses because Mercury felt that I had not as yet received any national recognition that would merit Mercury paying for it," Page once said.

"Confess" was enough of a hit that Rael convinced Mercury to let Page try full four-part harmony by overdubbing. The result was "With My Eyes Wide Open I'm Dreaming." The label read, "Vocals by Patti Page, Patti Page, Patti Page and Patti Page."

"Tennessee Waltz," her biggest selling record, was a fluke.

Because Christmas was approaching, Mercury Records wanted Page to record "Boogie Woogie Santa Claus" in 1950.

Page and Rael got hold of "Tennessee Waltz," convinced that a pop artist could make a smash hit out of it. Mercury agreed to put it on the B-side of the Christmas song.

"Mercury wanted to concentrate on a Christmas song and they didn't want anything with much merit on the flip side," Page said. "They didn't want any disc jockeys to turn the Christmas record over. The title of that great Christmas song was "Boogie Woogie Santa Claus," and no one ever heard of it."

"Tennessee Waltz" became the first pop tune that crossed over into a big country hit.

The waltz was on the charts for 30 weeks, 12 of them in the top 10, and eventually sold more than 10 million copies, behind only "White Christmas" by Bing Crosby at the time.

She received the Pioneer Award from the Academy of Country Music in 1980. She also is a member of the Oklahoma Jazz Hall of Fame.

In her later career, Page and husband Jerry Filiciotto spent half the year living in Southern California and half in an 1830s farmhouse in New Hampshire. He died in 2009.

Page is survived by her son, Daniel O'Curran, daughter Kathleen Ginn and sister Peggy Layton.

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Employers Must Offer Family Health Care, Affordable or Not, Administration Says

WASHINGTON — In a long-awaited interpretation of the new health care law, the Obama administration said Monday that employers must offer health insurance to employees and their children, but will not be subject to any penalties if family coverage is unaffordable to workers.

The requirement for employers to provide health benefits to employees is a cornerstone of the new law, but the new rules proposed by the Internal Revenue Service said that employers’ obligation was to provide affordable insurance to cover their full-time employees. The rules offer no guarantee of affordable insurance for a worker’s children or spouse. To avoid a possible tax penalty, the government said, employers with 50 or more full-time employees must offer affordable coverage to those employees. But, it said, the meaning of “affordable” depends entirely on the cost of individual coverage for the employee, what the worker would pay for “self-only coverage.”

The new rules, to be published in the Federal Register, create a strong incentive for employers to put money into insurance for their employees rather than dependents. It is unclear whether the spouse and children of an employee will be able to obtain federal subsidies to help them buy coverage — separate from the employee — through insurance exchanges being established in every state. The administration explicitly reserved judgment on that question, which could affect millions of people in families with low and moderate incomes.

Many employers provide family coverage to full-time employees, but many do not. Family coverage is much more expensive, and the employee’s share of the premium is typically much larger.

In 2012, according to an annual survey by the Kaiser Family Foundation, premiums for employer-sponsored health insurance averaged $5,615 a year for single coverage and $15,745 for family coverage. The employee’s share of the premium averaged $951 for individual coverage and more than four times as much, $4,316, for family coverage.

Starting in 2014, most Americans will be required to have health insurance. Low- and middle-income people can get tax credits to help pay their premiums, unless they have access to affordable coverage from an employer.

In its proposal, the Internal Revenue Service said, “Coverage for an employee under an employer-sponsored plan is affordable if the employee’s required contribution for self-only coverage does not exceed 9.5 percent of the employee’s household income.”

The rules, though labeled a proposal, are more significant than most proposed regulations. The Internal Revenue Service said employers could rely on them in making plans for 2014.

In writing the law, members of Congress often conjured up a picture of employees working year-round at full-time jobs. But in drafting the rules, the I.R.S. wrestled with the complex reality of part-time, seasonal and temporary workers.

In addition, the administration expressed concern that some employers might try to evade the new requirements by firing and rehiring employees, manipulating their work hours or using temporary staffing agencies. The rules include several provisions to prevent such abuse.

The law says an employer with 50 or more full-time employees may be subject to a tax penalty if it fails to offer coverage to “its full-time employees (and their dependents).”

Employers asked for guidance, and the Obama administration provided it, saying that a dependent is an employee’s child under the age of 26.

“Dependent does not include the spouse of an employee,” the proposed rules say.

Thus, employers must offer coverage to children of an employee, but do not have to make it affordable. And they do not have to offer coverage at all to the spouse of an employee.

The administration said that the rules — which apply to private businesses, nonprofit organizations and state and local government agencies — would require changes at many work sites.

“A number of employers currently offer coverage only to their employees, and not to dependents,” the I.R.S. said. “For these employers, expanding their health plans to add dependent coverage will require substantial revisions to their plans.”

In view of this challenge, the agency said it would grant a one-time reprieve to employers who fail to offer coverage to dependents of full-time employees, provided they take steps in 2014 to come into compliance. Under the rules, employers must offer coverage to employees in 2014 and must offer coverage to dependents as well, starting in 2015.

The new rules apply to employers that have at least 50 full-time employees or an equivalent combination of full-time and part-time employees. A full-time employee is a person employed on average at least 30 hours a week. And 100 half-time employees are considered equivalent to 50 full-time employees.

Thus, the government said, an employer will be subject to the new requirement if it has 40 full-time employees working 30 hours a week and 20 half-time employees working 15 hours a week.

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Hollywood keeps its tax break in 'fiscal cliff' deal

Middle-class taxpayers aren't the only ones who stand to benefit from the last-ditch deal to avert the so-called fiscal cliff.

The agreement in Congress also includes something for Hollywood -- the extension of a tax break for movies and TV shows that shoot mainly in the U.S.

The provision, Section 181 of the federal tax code, allows qualifying productions to write down the first $15 million of expenses from their corporate tax bill. 

The program will cost an estimated $430 million in deductions in the next year, according to estimates by the Joint Committee on Taxation.

Congress implemented the federal tax incentive in 2004 to encourage productions to stay home rather than flee to Canada, Britain and other foreign countries.

It's not clear how effective the incentive has been. Film and television production continues to migrate to foreign cities, including Vancouver, Canada, and London, because of the stronger film tax breaks available there.  And while production in the U.S. has increased dramatically in the last decade, most of that has been attributed to various state tax incentive programs.

Nonetheless, the federal credit extension was strongly backed by the Motion Picture Assn of America, the chief lobbying arm for the studios. MPAA Chief Executive Chris Dodd has been a strong proponent of tax breaks for the industry.

"The combination of the state production incentives and the federal incentive over the past decade have been a successful counter to very aggressive incentives in foreign countries," said Kate Bedingfield, a spokeswoman for the MPAA. "The accompanying growth of production in the United States over that same time is great evidence of that.''

The film and television industry employs 2.1 million people and is responsible for $137 billion in total wages to American workers, according to the MPAA.

"The film and television industry is a vital component of the nation's overall economy, has a positive balance of trade with virtually every country in the world, and has been a significant contributor to growth in our economy," Bedingfield added.

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