Jail escapee appears in court, ordered held without bond

Chicago Tribune reporter Jason Meisner on the recent arrest of Kenneth Conley, a convicted bank robber who escaped from federal jail in December. (Posted on: Jan. 4, 2013.)

Kenneth Conley's formal return to federal custody this morning at the Dirksen U.S. Courthouse was a far cry from the brazen way he left.

The second half of a daring escape duo who used bedsheets to scale down the façade of a downtown jail last month was pushed into a federal courtroom in a wheelchair, his legs extended and his feet swollen and shoeless. Shoulder bones pushed through his thin white T-shirt and one pinky was secured in a splint.

A short time later, U.S. District Judge Sheila Finnegan ordered Conley be held in custody without bail and set his preliminary hearing for Jan. 17.
Conley spoke only briefly to tell Finnegan he understood the charges against him.

"Yes, your honor," said Conley, who was wan and appeared thinner than in his booking photo.

Conley, a convicted bank robber, was on the lam 18 days before being arrested Friday afternoon in Palos Hills after police there received a call of a suspicious person. Police said Conley had attempted a disguise, wearing a an overcoat, beret and using a cane he didn't need.

Conley fought briefly with police, slugging one officer before he was tackled, authorities said. He was treated at a hospital before being transferred back to the Metropolitan Correctional Center, the jail he busted out of Dec. 18 with his cellmate and fellow convicted bank robber, Joseph "Jose" Banks. Banks was caught two days after the escape.

Conley's attorney, Gary Ravitz, asked Finnegan for permission to use his cell phone camera to document Conley's left foot, which he said was swollen.

Ravitz, who represents Conley on the underlying bank robbery charge, said he did not know the extent of his client's injuries and that he otherwise appeared calm.

"He seemed to be in relatively good spirits, given the situation," Ravitz said.

Conley, 38, allegedly escaped from the jail, located at 71 W. Van Buren Street, while awaiting sentencing after pleading guilty on Oct. 29, 2012, to a 2011 bank robbery of $4,000 in Homewood.

Deputy U.S. Marshals and FBI agents returned to Palos Hills Friday morning to canvass for Conley because of unconfirmed sightings there and his long-standing connections to the area. A 911 call from maintenance workers at a building where Conley is believed to have been sleeping in the basement came in around 3:30 p.m.

The maximum penalty for Conley's escape is five years in prison and a $250,000 fine. The maximum penalty for bank robbery is 20 years in prison and a $250,000 fine.

According to court records, Conley has a long criminal history. He has been convicted in Cook County of offenses ranging from retail theft to weapons violations and was sentenced to eight years in prison for an armed robbery in 1996. He also was sentenced to six years in prison in San Diego County for petty theft with a prior conviction, according to California records.

asweeney@tribune.com, jmeisner@tribune.com, sschmadeke@tribune.com

Twitter: @ChicagoBreaking

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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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Analysis: Obama’s ad team used cable TV to outplay Romney

(Reuters) – As political experts assess Republican Mitt Romney‘s failed U.S. presidential bid, an analysis of how his campaign and President Barack Obama‘s winning team used cable TV to target ads at specific groups of voters may offer some valuable tips for the future.

During the final weeks before the November 6 election, with polls showing a tight race, Obama’s campaign exploited cable TV’s diverse lineup to target women on channels such as Food Network and Lifetime and men on networks such as ESPN.

The Obama team used the fragmentation of cable TV’s audience to its fullest advantage to target tailored messages to voters in battleground states.

Meanwhile, Romney’s campaign relied on a more traditional mass saturation of broadcast TV. The Romney camp was entirely dark on cable TV for two of the campaign’s last seven days.

“We don’t know why. This was a week before the election and you’re in the fight for your life,” said Timothy Kay, political director for NCC Media, a cable TV industry consortium.

The race had narrowed to key counties in several battleground states, the kind of isolation ideally suited for cable’s geographical targeting and niche-marketing capabilities.

Republican Party operatives dismayed by Romney’s defeat continue to debate what went wrong in a campaign awash in cash and run by a candidate with a business background. The former Massachusetts governor’s campaign, like Democrat Obama‘s, spent a record-setting amount of cash; in Romney’s case, it was $ 580 million in 20 months.

Obama’s campaign outspent Romney’s campaign on advertising by as much as $ 200 million, according to a Reuters analysis. But when spending by pro-Romney and pro-Obama outside groups is considered, Romney had the edge in overall TV advertising spending.

Republican consultants and advertising experts said Romney had enough money to compete with Obama’s final advertising effort. Yet Obama cruised to a commanding Electoral College victory after a final concentration on a small group of battleground states.

“In market after market, the Obama campaign ended up putting more ads on target than the Romney campaign did,” said Ken Goldstein, president of Kantar Media’s Campaign Media Analysis Group, a nonpartisan consulting firm that tracked political ads and worked with both campaigns.

Stephanie Kincaid, who managed Romney’s advertising campaign, declined to answer questions and referred inquiries to top Romney campaign officials Stuart Stevens and Russell Schriefer, her bosses at The Stevens and Schriefer Group, a political consulting firm. They did not respond to phone calls.

OBAMA’S ADVANTAGE

Cable television political advertising jumped from $ 136 million in 2006 to $ 650 million in 2012, although broadcast TV still garnered 80 percent of the campaign advertising spending last year.

Even with major broadcast networks and their affiliates, the Obama campaign appeared to out-perform the Romney camp.

A campaign spending review shows the Obama camp frequently spent far less than Romney for ads aired by the same stations during the same shows.

For example, a review of TV station filings with the Federal Communications Commission showed Romney, on the Sunday before Election Day, paid $ 1,100 for an ad aired during CBS’s “Face the Nation” program on WRAL in Raleigh, North Carolina. Obama paid $ 200 for a comparable ad on the same station during the same program.

Part of the reason for the Obama campaign’s pricing advantage is that the president faced no Democratic primary challenge and was able to buy autumn TV time months in advance when the slots – like airline tickets – were discounted. Romney faced a tough battle for the Republican nomination.

The Romney campaign also simply did not have enough bodies to handle the labor-intensive business of planning, negotiating and placing ads on hundreds of TV stations simultaneously, according to several Republican consultants and media analysts who asked not to be identified.

Obama’s campaign had 30 full-time media buyers. The Romney campaign relied heavily on a single person, Kincaid, with help from one or two others from time to time, according to sources close to the campaign. Senior officials with the campaign declined to discuss its advertising staffing.

“It’s the equivalent of having a budget the size of a Coca- Cola commercial campaign and having two people managing it, where a Madison Avenue agency might have 50 people,” said NCC’s Kay. Kincaid and her small staff were overwhelmed, according to numerous political vendors who dealt with them.

Jim Margolis, an Obama campaign senior adviser whose firm GMMB handled its advertising, said the campaign also took advantage of information provided by companies like Rentrak Corp, a Portland, Oregon-based company that monitors the digital boxes attached to TVs in households using satellite dishes.

EXPLOITING FRAGMENTATION

In the past, political advertisers relied on the major networks rather than cable TV in a quest to reach the most television viewers.

But cable TV’s increasing popularity has brought dramatic fragmentation to television viewership. In many markets, cable offers a hundred or more channels, giving advertisers a chance to target specific demographics.

For instance, the Obama campaign identified zip codes surrounding Ohio tire-manufacturing plants and purchased cable ads touting Obama’s efforts to block tire imports from China.

Obama ran 600,000 cable ads to the Romney’s 300,000 around the nation during the campaign, said NCC’s Kay. Obama’s cable TV push started in April. Romney’s began in September.

Obama’s team also mixed and matched its messages to sharpen the appeal in key counties.

“My impression was there was much more examination and analytics done with the Obama campaign,” Kay said. “The Romney campaign had the same rigid schedule in every state.”

(Reporting by Marcus Stern in Washington and Tim McLaughlin in Boston; Editing by Claudia Parsons, Marilyn W. Thompson and Will Dunham)

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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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'Ones to Watch' in 2013

Tom Ricketts will try to finally clinch a deal to improve Wrigley Field with some taxpayer support.

Andrew Mason will fight for his legacy, and his job, at Groupon.

And Lewis Campbell hopes to turn around Navistar to the point that his services are no longer needed.

Tribune editors and reporters identified some of the Chicago business executives most likely to make news in 2013. Here are the "Ones to Watch."

Tom Ricketts

Title: Chairman, Chicago Cubs

Why we're watching: Expect City Hall to cut a deal with the Ricketts family, owner of the Cubs, in 2013 to help finance a $300 million renovation of Wrigley Field.

No one's talking specifics. Ricketts last proposed using $150 million of city amusement tax revenue to help pay for it. He would raise the remaining $150 million by extracting additional revenue from relaxed rules on advertising and concerts at the ballpark.

But that level of public subsidy is entirely off the table, according to a source close to the team. Asked whether Ricketts would accept less taxpayer assistance in exchange for greater freedom from historic preservation and other regulations, he said "probably," but that my description of the trade-off was "oversimplified."

"We have to compete against rooftops every day that … undercut us on price," Ricketts said. "We have limits on what we can do to our stadium and inside our stadium. We have limits on what time we can hold games and when we can host events. Our position is: Let us run our business. And if we can do that, we can unlock a lot of economic potential."

The Lake View Citizens' Council reportedly is open to more night games and concerts in exchange for contributions from the Cubs to community projects and traffic- and parking-related protections. Still, Ald. Tom Tunney, whose district includes Wrigley, said he opposes a Cubs request to open Sheffield Avenue for "family-fun entertainment" during games, among other issues.

"There will be some decisions made on a community level, on a zoning level," said Tunney, who called 2013 a "pivotal" year for the team. "As for the public financing, that's bigger than me."

Ricketts said he had not spoken in the past six months with either Mayor Rahm Emanuel or the city's chief financial officer, Lois Scott. "Our teams talk to each other," Ricketts said. "And that's not necessarily unusual. It's not like we can just not talk to the city. But no matter when or what a final deal looks like, everyone has got incentives to get that done in 2013."

Andrew Mason

Title: Founder and CEO, Groupon

Why we're watching: One year from now, will Mason still be CEO of Groupon?

In November, within days of a tech conference and a company board meeting, a source close to Groupon's board anonymously suggested to an influential tech journalist that the board might fire Mason at its meeting.

If the leaker had been Groupon chairman Eric Lefkofsky, Mason would have been out of a job by now.

Mason's future hinges on his relationship with Lefkofsky. In addition to being Mason's boss, Lefkofsky is the daily deal company's largest shareholder. He also gave Mason $1 million to launch the company.

And Mason always has spoken of Lefkofsky with reverence and affection. At the height of Groupon's euphoria, he shared credit with the veteran entrepreneur at every turn, telling me in 2010: "Eric's creative and unbelievably smart and if I'd never met him, I'd never been able to be the CEO of a lemonade stand."

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FBI: 2nd escaped bank robber caught in Palos Hills

The second inmate who made a daring escape last month from a high-rise federal jail in the South Loop was captured today in South Suburban Palos Hills, according to FBI officials.

Kenneth Conley, a convicted bank robber, was awaiting sentencing when he and cellmate Joseph “Jose” Banks scaled down the Metropolitan Correctional Center on Dec. 18 with a rope fashioned from bedsheets.

FBI Spokeswoman Joan Hyde said Conley was apprehended at an apartment complex at about 4 p.m. by Palos Hills police.

Conley’s mother, Sandra, answered the phone at her Tinley Park home this  evening and said she had heard of her son’s arrest but had no details or comment.

“I’m just glad it’s over. That’s my only comment,” she said.

A law enforcement source said FBI agents and deputy U.S. Marshals returned to the area around Palos Hills this morning to canvass and talk to residents because Conley had been spotted there since his escape and was known to have contacts in the south suburbs.

By late afternoon a 911 call was placed to Palos Hills police reporting a sighting of Conley, possibly a result of the canvass, the source said.

Banks was apprehended late at night on Dec. 20 less than five miles from the jail in the home of a boyhood friend on the North Side.

Banks and Conley were last accounted for during a routine bed check, authorities said. About 7 a.m. the next day, jail employees arriving for work saw ropes made from bedsheets dangling from a hole in the wall near the 15th floor and down the south side of the facade.

The two had put clothing and sheets under blankets in their beds to throw off guards making nighttime checks and removed a cinder block to create an opening wide enough to slide through, authorities said.

The FBI said a surveillance camera a few blocks from the jail showed the two, 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 daring escape was an embarrassment for the U.S. Bureau of Prisons and a rarity for the Metropolitan Correctional Center, where the only previous successful escape took place in 1985.

A high-ranking employee in the facility told the Tribune that video surveillance had captured the men making their descent, but that the guard who was supposed to be watching the video monitors for suspicious activity may have been called away on other duties.

asweeney@tribune.com

jmeisner@tribune.com

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“GameStick” Will Be the Size of a USB Memory Stick, Plug into Your TV

When the Ouya game console (scheduled to launch in April) made headlines last year, it was for three reasons. One, its size and price — the $ 99 box, which plugs into a TV, is the size of a Rubik’s cube. Two, its choice of operating system — it runs the same Android OS which powers smartphones and tablets. And three — its rise to fame on Kickstarter, where it shattered records and received millions of dollars in funding not from venture capitalists, but from gamers who wanted to see it made.

Now GameStick, “The Most Portable TV Games Console Ever Created,” is preparing to make a name for itself in exactly the same ways. Except that in some of them, it surpasses the Ouya.

Not even a set-top box

Up to this point, pretty much all home game consoles have been a box that sits on your shelf and plugs in to your TV. (Some PCs even do this these days.)

The GameStick, on the other hand, is about the size of a USB memory stick or a tube of lip balm. It plugs into a TV’s HDMI port, and connects to a wireless controller (or even a mouse and keyboard) via Bluetooth. It “works with any Bluetooth controller supporting HID,” and will come with its own small gamepad, which features twin analog sticks and a slot to put the GameStick itself inside when not in use.

Do we know if it works yet?

GameStick’s creators showed off pictures of a nonworking “Mark 1 Prototype Model,” and posted video of a “Reference Board” actually playing games while plugged into a television. This was a roughly USB-stick-sized circuit board, which lacked an outer case.

The reference unit had wires coming out of it, but the GameStick FAQ explains that on new, “MHL compliant TVs” it can draw power straight from the HDMI port, in much the same way that many USB devices are powered by a USB connection. A USB connector cable will be supplied with GameStick just in case, and “there will also be a power adapter.”

What about the games?

The GameStick reference unit was playing an Android game called Shadowgun, an over-the-shoulder third-person shooter which is considered technically demanding by Android device standards.

GameStick’s creators say “We have some great games lined up already,” and AFP Relax confirms that it has roughly the same internal specs as the Ouya, plus a lineup at launch of about a dozen games including several AAA Android titles.

How much will it cost, and when will it be out?

GameStick is available for preorder now from its Kickstarter page for $ 79. (The price includes the controller as well.) It has an estimated delivery date of April if the project is fully funded — and with 28 days to go, it had more than reached its $ 100,000 goal.

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.

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Helen Mirren “happy” her Hollywood star next to Colin Firth’s

LOS ANGELES (Reuters) – Oscar-winning actress Helen Mirren finally got her wish on Thursday, receiving a star along the Hollywood Walk of Fame right next to dashing fellow Briton Colin Firth.

“I couldn’t be prouder and more happy that I’m actually going to finally lie next to Colin Firth, something I’ve been wanting to do for a very long time,” Mirren said wryly.

Mirren, 67, who won the best actress Oscar for her portrayal of Queen Elizabeth in 2006′s “The Queen,” was honored with the iconic terrazzo and brass star along Hollywood Boulevard in the historical heart of the U.S. film industry.

Mirren’s star, the 2,488th since the Walk of Fame began in 1958, serves as a de facto lifetime achievement award for those in the entertainment industry.

Firth, who received his Walk of Fame star in 2011, won an Oscar as best actor for his portrayal of Britain’s King George VI in 2010′s “The King Speech.”

“Well I’m very pleased and proud and I think it’s very good for the British monarchy that here on Hollywood Boulevard, the King and the Queen are going to actually sleep together, for the rest of history,” said Mirren said at the unveiling.

The actress posed for photographers lying on her side next to her star and blew kisses to the crowd.

Writer and director David Mamet introduced Mirren.

“Helen’s performances reap higher praise than being praised, they’re loved,” Mamet said.

“And by one who’s had the absolute kick of working with her, I want to say as (British poet) Rupert Brooke said, somewhere there will be a little piece of foreign ground that is always a bit of England, and that’s right there,” Mamet said.

Mirren is starring alongside Al Pacino in Mamet’s upcoming TV film about troubled music producer Phil Spector’s murder trial.

The Hollywood Walk of Fame is administered by the Hollywood Chamber of Commerce.

(Reporting by Alan Devall, writing by Eric Kelsey, editing by Jill Serjeant and Sandra Maler)

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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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U.S. unemployment holds at 7.8%

CBS News business and economics correspondent Rebecca Jarvis talks to Norah O'Donnell and Anthony Mason about the final jobs report of 2012 to be released later today.

The pace of hiring by U.S. employers eased slightly in December, pointing to a lackluster pace of economic growth that was unable to make further inroads in the country's still high unemployment rate.

Payrolls outside the farming sector grew 155,000 last month, the Labor Department said on Friday. That was in line with analysts' expectations and slightly below the level for November.

Gains in employment were distributed broadly throughout the economy, from manufacturing and construction to health care.

That should reinforce expectations that the economy will grow about 2 percent this year, unlikely to quickly bring down the unemployment rate or make the U.S. Federal Reserve rethink its easy-money policies, which have been propping up the recovery.

"It's not a booming economy, but it is growing," Jim O'Sullivan, an economist at High Frequency Economics in Valhalla, New York, said before the data was released.

The jobless rate held steady at 7.8 percent in December, down nearly a percentage point from a year earlier but still well above the average rate over the last 60 years of about 6 percent.

The Labor Department raised its estimate for the unemployment rate in November by a tenth of a point to 7.8 percent, citing a slight change in the labor market's seasonal swings.

Most economists expect the U.S. economy will be held back by tax hikes this year as well as by weak spending by households and businesses, which are still trying to reduce their debt burdens.

Friday's data nonetheless gave signals of growing momentum in the labor market's recovery from the 2007-09 recession. Many economists had expected December's payroll gains to be padded by one-time factors like the recovery from a mammoth storm that hit the East Coast in late October.

The government had said last month the storm had no substantial impact on the November data, and many economists expected the government to recant by revising downward in Friday's report its estimate for payroll gains in November. Instead, the government revised its estimate for November payrolls upward by 15,000.

"There is some evidence that underlying jobs growth has improved," Paul Dales, an economist at Capital Economics in London, said before the report was released.

AUSTERITY'S BITE

Despite the signs of some momentum in hiring, a wave of government spending cuts due to begin around March loom over the economy.

Many economic forecasts assume the cuts - which would hit the military, education and other areas - will ultimately be pushed into next year as part of a deal sought by lawmakers to reduce gradually the government's debt burden.

Initially, the cuts were planned to have begun this month as part of a $600 billion austerity package that also included tax hikes. Hiring in December may have been slowed by uncertainty over the timing of the austerity, economists say.

Congress this week passed legislation to avoid most of the tax hikes and postpone the spending cuts.

Even with the last-minute deal to avoid much of the "fiscal cliff," most workers will see their take-home pay reduced this month as a two-year cut in payroll taxes expires.

That leaves the Fed's efforts to lower borrowing costs as the main program for stimulating the economy.

The Fed has kept interest rates near zero since 2008, and in September promised open-ended bond purchases to support lending further. On Thursday, however, minutes from the Fed's December policy review pointed to rising concerns over how the asset purchases will affect financial markets.

Analysts ahead of the report expected some of the strength in job creation in December would be due to the Fed's policies.

"Despite the end-of-year angst over the ‘fiscal cliff,' financial conditions remained supportive of job growth in December," economists at Nomura said in a note to clients earlier in the week.
 

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Ex-Maine West player outlines alleged hazing attack

A young man who has sued Maine Township High School District 207 over his claims that fellow members of a Maine West High School soccer team sexually abused him during a hazing ritual said he hopes the suit will prevent further incidents.

“Nobody needs to go through what I went through, because it’s not good,” he said in an interview with WGN. “It’s not a way of life.”

The former Maine West High soccer player — only identified as John Doe C — described publicly for the first time the abuse he suffered while on the team. The Tribune does not identify victims of alleged sexual abuse.

The lawsuit also names the school’s principal and former soccer coach as defendants in the case.

During the summer of 2007, the man was an incoming freshman attending a summer camp with his soccer teammates when he was promoted to the varsity team.

According to the man and the lawsuit, filed last month in Cook County Circuit Court, he was participating in a group run when older members of the team tackled him to the ground, pushed his face into the grass, held him down and players then sodomized him with their fingers and foreign objects.

“They never really said much, they just kind of did it,” he said. “They did it like nothing happened.”

Several weeks later, he claims, a similar incident occurred again. This time, he said he decided to quit the team.

“There was something behind the scenes there. In my situation, before campus runs I would see my coach wink either before or after it happened,” he said. He later added: “Definitely, the coach was in on it.”

He said he was too embarrassed and ashamed to tell anyone else.

“Who was I going to tell?” he said. “If I was gonna tell my own peers, they were just gonna look at me and laugh at me in a way.”

The man’s lawyer, Antonio Romanucci, is also representing at least three other current or former Maine West students who claim they were the victims of hazing that included sexual or physical abuse.

The first to sue were the parents of a 14-year-old Maine West freshman who claims the boy was attacked in a similar fashion by a group of fellow soccer players last September.
 
Since the lawsuit was filed, others have come forward with additional counts of abuse, said Romanucci.

Last month, the school board passed a resolution suspending varsity soccer coach Michael Divincenzo, alleging he witnessed varsity soccer players haze younger players.

Six Maine West soccer players also have been petitioned to juvenile court on charges of misdemeanor battery and hazing.

Other school districts have re-evaluated their hazing policies in the wake of Maine West High School controversy.

“I won’t be satisfied until I know everybody at the top who knew about or should have known about this" has been disciplined, said Romanucci.

In additional to taking steps to terminate the coach, District 207 officials have discussed the hiring of an outside attorney to conduct an independent investigation into the alleged hazing and its handling.

In a statement released Thursday, the district also pointed out that the plaintiff who spoke to WGN today acknowledged that he never reported the alleged incidents to any school authority. The statement also “reiterate(d) our absolute commitment to eliminating any practices and traditions that might lead to hazing incidents.”

Tribune reporter Jonathan Bullington contributed.

nnix@tribune.com
Twitter: @nsnix87

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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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Taylor Swift’s ”Red” holds down top spot on Billboard chart

LOS ANGELES (Reuters) – Country-pop star Taylor Swift‘s “Red” finished 2012 atop the Billboard 200 album chart on Thursday, claiming the No. 1 spot for the fourth consecutive week.

It was the album’s seventh non-consecutive week at No. 1 on the chart as post-holiday digital sales accounted for more than half of its 241,000 units sold, according to figures from Nielsen SoundScan.

Swift, 23, has now topped the Billboard album chart for 24 weeks in her four-album career, tying Adele for the most weeks by a female artist at number one on the chart since Nielsen SoundScan began tracking sales figures for Billboard in 1991.

The soundtrack to the big screen adaptation of Broadway musical “Les Miserables” jumped 31 spots to number two on the album chart. It sold 136,000 units and was buoyed by a full week on the chart and the release of the film in movie theaters on December 25.

British boy band One Direction placed third with “Take Me Home,” while singer Bruno Mars‘ “Unorthodox Jukebox” and rapper T.I.’s “Trouble Man: Heavy Is the Head” round out the top five.

U.S. album sales for last week were up 27 percent compared to the same week in 2011, at 9.77 million units.

The post-Christmas week, in which many cashed in their holiday gift cards, saw a record for digital song downloads in a week as a total of 55.74 million tracks were downloaded, besting the previous record of 47.73 million from the same week in 2008.

(Reporting by Eric Kelsey; Editing by Sandra Maler)

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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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Google puts Motorola campus on market

Smartphone maker Motorola Mobility will move its headquarters from Libertyville to the Merchandise Mart in the summer of 2013, relocating 3,000 employees to downtown Chicago, the company and Mayor Rahm Emanuel announced Thursday. (Source: WGN - Chicago)

Tribune staff

10:47 a.m. CST, January 3, 2013

Google has put up for sale Motorola Mobility Holdings Inc.'s 1.1 million-square-foot headquarters in Libertyville.

The asking price for the property is not being disclosed, according to a spokeswoman for Binswanger, exclusive agent on the property.

The 20-year-old corporate campus, which was used for office space and research and development labs, consists of four connected, multistory buildings and includes a daycare center, cafeteria, full-service gym and other recreational facilities. Renovations to the buildings were undertaken in 1998 through 2005. There also is parking for 3,400 vehicles.

In May, Google completed its acquisition of Motorola Mobility, making it a wholly owned subsidiary. Two months later, the company announced it would move Motorola Mobility's headquarters to the Merchandise Mart in downtown Chicago in 2013.

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Field of Dreams baseball site sold to group led by Oak Lawn couple

They bought it, and now they hope even more people will come.

An investor group led by an Oak Lawn couple has completed its purchase of the famed "Field of Dreams" movie site in Iowa with plans to preserve it and build an adjacent baseball training and tournament complex. The 193-acre property includes the field and farmhouse made famous in the 1989 Kevin Costner baseball classic.

Go the Distance Baseball LLC, which counts baseball Hall of Famer Wade Boggs among its members, closed on the Dyersville, Iowa, property last week for $3.4 million plus interest in a controversial deal that was 2 1/2 years in the making.

"We've got that big milestone under our belt now, and we're just getting into the business of opening the (site)," said Denise Stillman, president and CEO of Go the Distance. She and her husband, Mike, began their pursuit of the land, near Dubuque, in July 2010.

The Stillmans have said they saw "Field of Dreams" on one of their first dates and decided to try to buy the property shortly after they learned it was for sale.

"I'm just really excited about what lies ahead," Denise Stillman said Wednesday. "We've got so much work to do to get the field ready to open again April 1. That's when the tourist site opens."

All-Star Ballpark Heaven is scheduled to open with 12 fields and 60 team "clubhouses" for lodging in 2014, before doubling the number of each by 2017. Once complete, the complex will also include a community center, banquet facilities and an auditorium, among other amenities, according to Go The Distance. Construction is to begin this spring.

"My family's farm has been part of the landscape for more than a century," seller Don Lansing said in a news release announcing the deal's completion. "I have been honored to care for it my entire life and know the Stillmans and their group will care for the movie site like I did."

Lansing grew up in the farmhouse shown in the film. He and his wife, Becky, will continue to work with the new owners, such as by helping maintain the property and by leading tours, Stillman said.

The deal was first announced Oct. 30, 2011, pending investor support, tax incentives and zoning approva,l but was dogged by claims from nearby landowners that the complex would snarl traffic and worsen flooding and that the town acted inappropriately in granting a zoning change.

The site attracts an estimated 65,000 visitors per year.

rmanker@tribune.com

Twitter: @RobManker

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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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From “Les Misérables” to “The Hobbit,” holiday movies are getting longer

LOS ANGELES (TheWrap.com) – Moviegoers rushing out to catch “Django Unchained” or “The Hobbit” over New Year’s should consider packing an overnight bag.

The average length of a holiday movie has been larded up by nearly 10 minutes since 2011, according to a survey of the running times of the top 10 box office films of the final weekend of the year. They ran well over two hours.

Moreover, the top 10 grossing holiday movies of 2012 were nearly 25 minutes longer than they were just two years ago.

Of the five top earners last weekend, only one film, the family flick “Parental Guidance,” clocks in at under two hours. In contrast, three of those movies, “Django Unchained,” “The Hobbit: An Unexpected Journey” and “Les Misérables,” eat up roughly 160 minutes of ticket-buyers’ time.

And that group doesn’t even take into account hits like “Skyfall” (143 minutes), “The Avengers” (143 minutes) and “The Dark Knight Rises” (165 minutes) or limited release films such as “Zero Dark Thirty” (160 minutes), all of which boast the kind of languorous pacing usually reserved for a David Lean epic.

The capacious running times are testing moviegoers’ patience, as well as bladders. In the Los Angeles Times Monday, Steven Zeitchik bemoaned the series of false endings in films like “Lincoln” and “Life of Pi.” He argued that several accomplished filmmakers are piling on the climaxes and prolonging the ending credits in a way that undermines the emotional impact of their word.

“Hollywood films are struggling to find the exit,” Zeitchik wrote. “Stories that seem to end, end again, and then end once more. Climactic scenes wind down, then wind up. Movies that appear headed for a satisfying resolution turn away, then try to stumble back.”

Also crying out for a bloodier approach in the editing suite was Variety’s Josh Dickey. The swollen run times aren’t just artistically necessary, he noted – they actually damage a film’s box-office take.

“It turns out that a long runtime causes no positive or negative reaction during a film’s marketing period,” Dickey wrote. “And for really big event movies, viewers sometimes feel a longer movie gave them their money’s worth (call it the TGI Friday’s portion-size effect). But once a film gets playing, social response suggests long length can stall its word-of-mouth momentum, usually emerging as secondary complaint – but a persistent one.”

It’s certainly true that exhibitors favor shorter running times for films, because it allows them to cram in more showings on a given day. Despite Dickey’s fears, however, the expansive lengths of movies like “Lincoln” (145 minutes) and “Les Misérables” (157 minutes) haven’t scared off moviegoers.

Both movies will likely gross more than $ 100 million domestically.

Overall, the domestic box office is poised to shatter records with $ 10.8 billion in revenue. Attendance will also likely be up 6 percent by the time 2012 wraps up.

Admittedly, surveying the top 10 grossing films of a particular calendar weekend is a small sample size, but it does appear that audiences and critics are noticing that they are checking their watches more frequently as they follow Bilbo’s adventures in Middle-Earth or Jean Valjean’s travails.

It’s not clear, however, that this is a seasonal anomaly. A decade ago, films like “Gangs of New York” and “The Lord of the Rings: The Two Towers” similarly strained audience’s endurance. The average length of the top 10 films during 2002 was 126.6 minutes, just two minutes shorter than the average this year.

Movies News Headlines – Yahoo! News

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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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Dow soars 2% after deal to avoid 'cliff'

NEW YORK (Reuters) - Stocks kicked off the new year with their best day in over a year on Wednesday, sparked by relief over a last-minute deal in Washington to avert the "fiscal cliff" of tax hikes and spending cuts that threatened to derail the economy's growth.

In 2013's first trading session, the S&P 500 achieved its biggest one-day gain since December 20, 2011, pushing the benchmark index to its highest close since September 14.

Concerns over Washington's ability to sidestep the cliff had driven the S&P 500 down for five straight sessions, before signs that a resolution was near sent the benchmark index higher on the final trading session of 2012.

The CBOE Volatility Index or the VIX , Wall Street's favorite gauge of investor anxiety, dropped 18.5 percent to 14.68 at the close. The VIX has fallen 35.4 percent over the past two sessions, the biggest 2-day percentage drop in the history of the index.

The Dow Jones industrial average jumped 308.41 points, or 2.35 percent, to 13,412.55 at the close. The Standard & Poor's 500 Index gained 36.23 points, or 2.54 percent, to finish at 1,462.42. The Nasdaq Composite Index climbed 92.75 points, or 3.07 percent, to end at 3,112.26.

U.S. markets were closed on Tuesday for New Year's Day.

Market breadth reflected the strong rally, with 10 stocks rising for every one that fell on the New York Stock Exchange. All 10 of the S&P 500 industry sector indexes gained at least 1 percent. The S&P financial index shot up 2.9 percent.

The S&P Information Technology index gained 3.2 percent, including Hewlett-Packard , which climbed 5.4 percent to $15.02. HP's gain followed a miserable 2012 when the stock fell nearly 45 percent as one of the S&P 500's worst performers for 2012.

On Tuesday, Congress passed a bill to prevent huge tax hikes and delay spending cuts that would have pushed the world's largest economy off a "fiscal cliff" and possibly into recession.

The vote avoided steep income-tax increases for a majority of Americans, but failed to resolve a major showdown over cutting the budget deficit, leaving investors and businesses with only limited clarity about the outlook for the economy. Spending cuts of $109 billion in military and domestic programs were temporarily delayed, and another fight over raising the U.S. debt limit also looms.

"We got through the fiscal cliff. The next big thing, and probably more contentious thing, is negotiating the debt ceiling and possibly entitlement reform in early 2013," said Jim Russell, senior equity strategist for U.S. Bank Wealth Management in Cincinnati.

Hard choices about budget cuts and the critical need to raise the debt ceiling will confront Congress about the same time in two months "so the fur will be flying," Russell said.

U.S. stocks ended 2012 with the S&P 500 up 13.4 percent for the year, as investors largely shrugged off worries about the fiscal cliff. For the year, the Dow gained 7.3 percent and the Nasdaq jumped 15.9 percent.

Bank shares rose following news that U.S. regulators are close to securing another multibillion-dollar settlement with the largest banks to resolve allegations that they unlawfully cut corners when foreclosing on delinquent borrowers.

Bank of America Corp rose 3.7 percent to $12.03 and Citigroup Inc gained 4.3 percent to $41.25. The KBW bank index rose 3.2 percent.

Shares of Zipcar Inc surged 47.8 percent to $12.18 after Avis Budget Group Inc said it would buy Zipcar for about $500 million in cash to compete with larger rivals Hertz and Enterprise Holdings Inc. Avis advanced 4.8 percent to $20.77.

Shares of Apple rose 3.2 percent to $549.03, helping to lift the S&P information technology index up 3.2 percent following a report that the most valuable tech company has started testing a new iPhone and a new version of its iOS software.

Economic data from the Institute for Supply Management showed U.S. manufacturing ended 2012 on an upswing despite fears about the fiscal cliff, but the Commerce Department reported that construction spending fell in November for the first time in eight months.

Volume was heavy, with about 7.8 billion shares traded on the New York Stock Exchange, the NYSE MKT and the Nasdaq, well above the 2012 daily average of 6.42 billion.

(Reporting by Chuck Mikolajczak; Editing by Jan Paschal)

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House Republicans balk at fiscal cliff deal

WASHINGTON (Reuters) - Last-minute efforts to step back from the "fiscal cliff" ran into trouble on Tuesday as Republicans in the House of Representatives balked at a deal that would prevent Washington from pushing the world's biggest economy into a recession.

House Republicans complained that a bill passed by the Senate in a late-night show of unity to prevent a budget crisis contained tax hikes for the wealthiest Americans but no spending cuts. Some conservatives sought to change the bill to add cuts.

That would set up a high-stakes showdown between the two chambers and risk a stinging rebuke from financial markets that are due to open in Asia in a few hours.

The Senate would refuse to accept any changes to the bill, a Senate aide said, and it appeared increasingly possible that Congress could push the country over the fiscal cliff after all, despite months of effort.

Strictly speaking, the United States went over the cliff in the first minutes of the New Year because Congress failed to produce legislation to halt $600 billion of tax hikes and spending cuts that start kicking in on January 1.

But with financial markets and federal government offices closed for the New Year's Day holiday, lawmakers had a little more time to work out a compromise without real-world consequences.

The Senate bill drew overwhelming support from Republicans and Democrats alike when it passed by a vote of 89 to 8.

But Republicans who control the House expressed wide dismay with the measure, which includes only $12 billion in spending cuts along with $620 billion in tax increases on top earners.

Majority Leader Eric Cantor, the No. 2 Republican in the House, told reporters after huddling with other Republicans that he does not support the Senate's bill.

"The lack of spending cuts in the Senate bill was a universal concern amongst members in today's meeting. Conversations with members will continue throughout the afternoon on the path forward," said Cantor spokesman Rory Cooper.

Republicans returned for a second meeting at 5:15 p.m. EST (2215 GMT).

Republicans could face a backlash if they scuttle the deal. Income tax rates rose back to 1990s levels for all Americans at midnight, and across-the-board spending cuts on defense and domestic programs would begin to kick in on Wednesday.

Economists say the combination of tax cuts and spending cuts could cause the economy to shrink, and public opinion polls show Republicans would shoulder the blame.

MARKET DISCIPLINE?

Lingering uncertainty over U.S. fiscal policy has unnerved investors and depressed business activity for months.

Financial markets have staved off a steep plunge on the assumption that Washington would ultimately avoid pushing the country off the fiscal cliff into a recession.

Several Republicans said the fight could spill over until Wednesday, at which point they could be pressured by financial markets to accept the Senate bill.

"Everyone knows once the markets open tomorrow our courage drops in direct proportion to the market fall," said one Republican lawmaker who spoke on condition of anonymity.

The bill passed by the Democratic-led Senate at around 2 a.m. would raise income taxes on families earning more than $450,000 per year and limit the amount of deductions they can take to lower their tax bill.

Low temporary rates that have been in place for less-affluent taxpayers for the past decade would be made permanent, along with a range of targeted tax breaks put in place to fight the 2009 economic downturn.

However, workers would see up to $2,000 more taken out of their paychecks annually as a temporary payroll tax cut was set to expire.

The non-partisan Congressional Budget Office said the Senate bill would increase budget deficits by nearly $4 trillion over the coming 10 years, compared to the budget savings that would occur if the extreme measures of the cliff were to kick in.

But the bill would actually save $650 billion during that time period when measured against the tax and spending policies that were in effect on Monday, according to the Committee for a Responsible Federal Budget, an independent group that has pushed for more aggressive deficit savings.

(Additional reporting by Richard Cowan; Writing by Andy Sullivan; Editing by Alistair Bell and Eric Beech)

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