This bus' next stop: doing good









Maybe you want to help others. Maybe you long to lend a hand. But you're not sure where and you're not sure how and you don't know who to call.


You could ask around. Or you could book a seat on the Do Good Bus.


You will pay $25. You will get a box lunch. You will put yourself in the hands of a stranger.





When the bus takes off, you will not know where you are going — only that when you get there, you will be put to work.


You find yourself on this weekday afternoon one of an eclectic group, gathered a little shyly on an East Hollywood curb.


There's a Yelp marketer, a grad student, an actor, a novelist, a Manhattan Beach mother with her son and daughter, who just got home from prep school and college.


You see a school bus pull up. You step on board. It feels nostalgic, like day camp or a field trip.


Rebecca Pontius welcomes you, wearing jeans and sneakers and a black fleece vest. She looks like the kind of person who would plunge her hands deep into dirt, who wouldn't be afraid of the worms, who could lead you boldly.


The bus takes off, and Pontius stands toward the front, sure-footed. She founded the Do Good Bus, she tells you, to 1) build awareness, 2) build community, 3) encourage continued engagement.


Oh, she says, and to 3a) have fun. Hence the element of mystery, the faux holly branches that decorate some of the rows of seats, the white felt reindeer antlers she's wearing on her head.


She smiles a wide, toothy smile that makes you automatically reciprocate.


So you go along when she asks you to play get-to-know-you games. Even though you're embarrassed, you don't object when she assigns you one of the 12 days of Christmas to sing and act out when it's your turn.


Everyone's singing and laughing as the bus fits-and-starts down the freeway.


Maids-a-milking, geese-a-laying, bus-a-exiting somewhere in South Los Angeles.


It stops outside a boxy blue building — the Challengers Boys and Girls Club — where, finally, Pontius tells you you'll be helping children in foster care build the bicycles that will be their Christmas gifts.


She did it last year, she says. It was great. And she's brought along some powder that turns into fake snow, which the kids will like.


You step inside a large gym, where nothing proceeds quite as expected.


It's the holiday season, so way too many volunteers have shown up. The singer Ne-Yo is coming to lead a toy giveaway. There's a whole roomful of presents the children can choose from, including pre-assembled bikes — which means no bikes will need to be built.


You stand and you sit and you wait. Then the kids come. You try to help where you can — making sure they get in the right lines, handing out raffle tickets.


You see their joy at getting gifts, which is nice. You're in a place you might not ordinarily be, which is interesting. And as the children head out, you offer them snow. You put the powder in their cupped hands. You add water. The white stuff grows and begins to look real. It's even cold.


It makes them go wide-eyed. It makes them laugh. And you feel such moments of simple happiness are something.


It's chilly as you wait to get back on the bus. You get in a group hug with your fellow bus riders, who seem like old friends.


On the trip back in the dark, Pontius plays Christmas music. She serves you eggnog in Mason jars.


And she says she's sorry your help wasn't more needed today.


She promises the January ride will be more hands-on.


Come or don't, she tells you. But whatever you do, find a way to do something.


nita.lelyveld@latimes.com


Follow City Beat @latimescitybeat on Twitter or at Los Angeles Times City Beat on Facebook.





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Suicide bombers attack mobile phone firms in Nigeria






KANO, Nigeria (Reuters) – Two suicide car bombers attacked the offices of mobile phone operators India’s Airtel and South Africa’s MTN on Saturday in Nigeria’s northern city of Kano, killing themselves but no civilians, police said.


Islamist sect Boko Haram has previously targeted phone firms, blowing up telephone masts and offices, saying the companies help the security forces catch its members.






“The one who hit the Airtel office was shot by military men before the bomb exploded … at the MTN office the car rammed into the fence but no civilians were killed,” Ibrahim Idris, the chief of police in Kano, told Reuters.


Airtel Nigeria’s parent company Bharti Airtel, India’s top cellphone operator, gave no immediate comment.


The national emergency agency confirmed the bombing and said it was not aware of any civilian casualties. The security forces have played down the death toll in previous bombings.


At least 2,800 people have died in fighting in the largely Muslim north since the sect launched an uprising against the government in 2009, watchdog Human Rights Watch says.


The sect wants to impose strict Islamic law on a country of 160 million people split roughly equally between Christians and Muslims.


The group has previously targeted churches on Christmas Day and security has been increased in all the major northern cities, although security experts say given the scale of Christian worship in Nigeria they cannot protect everyone.


Kano, Nigeria‘s second largest city after the southern commercial-hub Lagos, was the site of Boko Haram’s most lethal attack which killed at least 186 people in January in coordinated bombings and shootings.


(Additional reporting by Isaac Abrak in Kaduna; Writing by Joe Brock; Editing by Andrew Osborn and Janet Lawrence)


Wireless News Headlines – Yahoo! News





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Ashton Kutcher files for divorce from Demi Moore


LOS ANGELES (AP) — Ashton Kutcher filed court papers Friday to end his seven-year marriage to actress Demi Moore.


The actor's divorce petition cites irreconcilable differences and does not list a date that the couple separated. Moore announced last year that she was ending her marriage to the actor 15 years her junior, but she never filed a petition.


Kutcher's filing does not indicate that the couple has a prenuptial agreement. The filing states Kutcher signed the document Friday, hours before it was filed in Los Angeles Superior Court.


Kutcher and Moore married in September 2005 and until recently kept their relationship very public, communicating with each other and fans on the social networking site Twitter. After their breakup, Moore changed her name on the site from (at)mrskutcher to (at)justdemi.


Kutcher currently stars on CBS' "Two and a Half Men."


Messages sent to Kutcher's and Moore's publicists were not immediately returned Friday.


Moore, 50, and Kutcher, 34, created the DNA Foundation, also known as the Demi and Ashton Foundation, in 2010 to combat the organized sexual exploitation of girls around the globe. They later lent their support to the United Nations' efforts to fight human trafficking, a scourge the international organization estimates affects about 2.5 million people worldwide.


Moore was previously married to actor Bruce Willis for 13 years. They had three daughters together — Rumer, Scout and Tallulah Belle — before divorcing in 2000. Willis later married model-actress Emma Heming in an intimate 2009 ceremony at his home in Parrot Cay in the Turks and Caicos Islands that attended by their children, as well as Moore and Kutcher.


Kutcher has been dating former "That '70s Show" co-star Mila Kunis.


The divorce filing was first reported Friday by People magazine.


___


Anthony McCartney can be reached at http://twitter.com/mccartneyAP.


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Alabama to End Isolation of Inmates With H.I.V.


Jamie Martin/Associated Press


The H.I.V. ward of an Alabama women's prison in 2008. The state was ordered to stop segregating inmates with the virus.







A federal judge on Friday ordered Alabama to stop isolating prisoners with H.I.V.




Alabama is one of two states, along with South Carolina, where H.I.V.-positive inmates are housed in separate prisons, away from other inmates, in an attempt to reduce medical costs and stop the spread of the virus, which causes AIDS.


Judge Myron H. Thompson of the Middle District of Alabama ruled in favor of a group of inmates who argued in a class-action lawsuit that they had been stigmatized and denied equal access to educational programs. The judge called the state’s policy “an unnecessary tool for preventing the transmission of H.I.V.” but “an effective one for humiliating and isolating prisoners living with the disease.”


After the AIDS epidemic of the 1980s, many states, including New York, quarantined H.I.V.-positive prisoners to prevent the virus from spreading through sexual contact or through blood when inmates tattooed one another. But most states ended the practice voluntarily as powerful antiretroviral drugs reduced the risk of transmission.


In Alabama, inmates are tested for H.I.V. when they enter prison. About 250 of the state’s 26,400 inmates have tested positive. They are housed in special dormitories at two prisons: one for men and one for women. No inmates have developed AIDS, the state says.


H.I.V.-positive inmates are treated differently from those with other viruses like hepatitis B and C, which are far more infectious, according to the World Health Organization. Inmates with H.I.V. are barred from eating in the cafeteria, working around food, enrolling in certain educational programs or transferring to prisons near their families.


Prisoners have been trying to overturn the policy for more than two decades. In 1995, a federal court upheld Alabama’s policy. Inmates filed the latest lawsuit last year.


“Today’s decision is historic,” said Margaret Winter, the associate director of the National Prison Project of the American Civil Liberties Union, which represented the inmates. “It spells an end to a segregation policy that has inflicted needless misery on Alabama prisoners with H.I.V. and their families.”


Brian Corbett, a spokesman for the Alabama Department of Corrections, said the state is “not prejudiced against H.I.V.-positive inmates” and has “worked hard over the years to improve their health care, living conditions and their activities.”


“We will continue our review of the court’s opinion and determine our next course of action in a timely manner,” he wrote.


During a monthlong trial in September, lawyers for the department argued that the policy improved the treatment of H.I.V.-positive inmates. Fewer doctors are needed if specialists in H.I.V. focus on 2 of the 29 state’s prisons.


The state spends an average of $22,000 per year on treating individual H.I.V.-positive inmates. The total is more than the cost of medicine for all other inmates, said Bill Lunsford, a lawyer for the Corrections Department.


South Carolina has also faced legal scrutiny. In 2010, the Justice Department notified the state that it was investigating the policy and might sue to overturn it.


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Naomi Gleit helps keep Facebook growing









The gig: As senior director of Facebook Inc.'s growth, engagement and mobile team, Naomi Gleit helps grow the social network's 1-billion-plus user base.


Facebook employee No. 29: Few people outside Facebook have heard of Gleit, but she's the second-longest-serving Facebook employee, after Facebook founder Mark Zuckerberg. Gleit, 29, talked her way into a job at Facebook on July 18, 2005 — her birthday. She was Facebook's 29th employee, coming on board shortly after the company hit 1 million users and before anyone had an inkling of the colossus it would become.


Dogged spirit: Unlike most other early employees who eventually dispersed to seek new fortunes, Gleit says she has no intention of leaving Facebook. She gets that tenacity from her "tiger mom," a computer programmer who ferried her to ballet, piano, karate and Chinese lessons, and her Jewish father, an immigration lawyer who took her to Hebrew school, she said. "I know it sounds completely irrational, but I had no doubt in 2005 that Facebook would be something incredible in the future," she said.





Rival social networks: Her passion for Facebook began before she was hired, when she was a Stanford undergraduate studying science, technology and society, an interdisciplinary major. She wrote her senior thesis on why Facebook beat out rival college social networking site Club Nexus at Stanford. (Club Nexus was started by Stanford student and Turkish software engineer Orkut Büyükkökten, who went on to create Orkut, Google's first attempt at a social network.) Getting in on the ground floor at Facebook made her feel like she was taking part in something bigger than herself, the same feeling she got volunteering for six months in a refugee camp in Botswana, she said.


Growing with Facebook: Gleit helped Facebook push beyond colleges to high schools and eventually to everyone. In late 2007, when the torrid growth pace temporarily cooled, Zuckerberg tapped a team of five to reignite it and asked Gleit to lead product management. It fell to the growth team to identify the obstacles to the company's momentum. In a company ruled by engineers, Gleit, who never studied programming, earned respect with her analytical approach and intuitive understanding of people. "I always believed that growth was the most important thing, the most important way to impact the company," she said. There are now more than 150 people on the team. "It's been an incredible learning experience," she said. "Each year is different."


That magic moment: Those who work closely with Gleit say part of her success early on was her ability to seize on the "magic moment" that makes users fall in love with Facebook. She made it simpler to sign up, and she helped people find friends as soon as they joined. She also helped Facebook spread quickly to new countries by enlisting users to translate the service into more than 80 languages. Gleit helps her team parachute into new markets and traverse less-familiar languages and cultures. It's something that comes from her own passion to see the world and have new experiences. She has taught on a Navajo reservation and lived in a Buddhist monastery in Thailand.


One billion users: Around noon Sept. 14, Zuckerberg gathered with Gleit and dozens of employees in front of a big screen as the number of Facebook users crossed 1 billion. "The scale was insane," she said. "But that is not the goal. When Mark talks about his vision for Facebook, he talks about being able to connect everyone in the world to the people that they care about and provide some value for them every single day."


A problem solver: Zuckerberg calls on Gleit for high-profile projects. In May 2010, when Facebook was under siege because of how it was handling users' personal information, he put Gleit in charge of simplifying privacy settings. Last year she worked on a popular feature that lets users subscribe to a News Feed without having to become Facebook friends.


Betting on mobile: Now Gleit is focused on the future: mobile devices and how they can unlock emerging markets. Gleit knew back in 2011 that people would begin to log on to Facebook from mobile devices in greater numbers than from desktops, particularly in the developing world. So she traveled to Tel Aviv to buy Snaptu, which makes software that helps people on low-tech phones access Facebook, and she brought the whole team back to Silicon Valley with her. Now Facebook is surging in popularity on mobile devices in Tokyo and Nairobi, Kenya. "I have always been interested in technology and how it can be used to improve lives," Gleit said.


jessica.guynn@latimes.com





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Boehner's 'fiscal cliff' plan fails









WASHINGTON — House Speaker John A. Boehner abruptly canceled a vote on his Plan B tax proposal late Thursday after failing to find enough GOP support, a stunning political defeat that effectively turned resolution of the year-end budget crisis over to President Obama and the Democrats.


The speaker had spent the last few weeks negotiating one-on-one with the president, establishing himself as the second-most powerful figure in Washington. But with his strategy imploding, Boehner conceded that he would play a lesser role.


"Now it is up to the president," he said, to work with a fellow Democrat, Senate Majority Leader Harry Reid of Nevada, "to avert the fiscal cliff."





The proposal the speaker had hoped to bring to a vote would have prevented a year-end tax increase for all but those earning more than $1 million a year.


But the Ohio Republican said in a statement, "It did not have sufficient support from our members to pass."


The unexpected turn of events caused an immediate reaction on Wall Street, where after-hours investors began to yank money out of U.S. stocks. Futures that track the Standard & Poor's 500 fell 1.5%, and the Dow Jones industrial average dropped 1.6%.


Now, Obama faces a crucial test of his leadership, with little time left to craft a deal.


Obama's most recent offer is likely to be the starting point. He made a substantial concession: raising taxes only on household income above $400,000, rather than the $250,000 threshold he campaigned on for reelection.


As he pursues votes in Congress, the president will need to face down Democrats, particularly the liberal wing that may feel emboldened to demand that a deal be tilted toward their views — perhaps with additional spending on infrastructure or unemployment benefits.


Any compromise will need substantial Democratic support. Although the president needs the speaker to allow legislation to come to a vote in the GOP-controlled House, Boehner emerges in a weakened position and has little leverage to demand further concessions. His Senate counterpart, Mitch McConnell (R-Ky.), will need to decide whether to become a final line of defense against Obama or step aside for a Democratic-led plan.


"The president's main priority is to ensure that taxes don't go up on 98% of Americans and 97% of small businesses in just a few short days," White House Press Secretary Jay Carney said after Boehner canceled the vote. "The president will work with Congress to get this done, and we are hopeful that we will be able to find a bipartisan solution quickly."


Without a compromise, most Americans will see their taxes automatically rise and spending cuts ripple across the economy in the new year. The White House and the speaker had been closing in on a broad deficit-reduction deal to steer around the coming "fiscal cliff," but Boehner suddenly changed course this week to gauge the sentiment of House Republicans.


The support expressed by top Republicans for new taxes has cracked the party's anti-tax orthodoxy and opened the door to a compromise that would have been unthinkable before the November election.


Mindful that his own job as speaker comes up for a vote in two weeks, Boehner must make a difficult choice: whether to allow a plan to come to the House floor without support from his majority, or play a key role in sending the nation over the fiscal cliff and raising taxes on most Americans.


As the speaker and his lieutenants trolled for votes earlier Thursday, buttonholing lawmakers in scenes like those in the movie "Lincoln," Carney dismissed Boehner's Plan B as a "multi-day exercise in futility."


"Instead of taking the opportunity that was presented to them to continue to negotiate what could be a very helpful large deal for the American people, the Republicans in the House have decided to run down an alley that has no exit," he said.


Late in the evening, as the time for voting neared, the House took an unscheduled recess — a sign that the tally had come up short. With Democrats almost unanimously against the bill, Boehner could afford to lose only two dozen Republican defectors.


The speaker and his top lieutenants then convened a late-night meeting of rank-and-file lawmakers and announced they were pulling the bill.


"We don't have the votes," the speaker said, according to a lawmaker in the room.


Conservatives split over Plan B, complicating Boehner's quest. He received a major assist when anti-tax stalwart Grover Norquist's Americans for Tax Reform declared that the bill was a vote for lower taxes and did not violate the pledge most Republicans had signed not to raise taxes. But other leading conservative groups opposed it, including FreedomWorks, which is extremely influential with tea party supporters.





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Facebook tests $1 fee for messages to non-friends






SAN FRANCISCO (AP) — Facebook says it is testing a service that will charge users $ 1 to guarantee that messages they send to people they are not connected to arrive in users’ inboxes, rather than in an often-ignored folder called “other.”


Launched in 2011, the “other” folder is where Facebook routes messages it deems less relevant. Not quite spam, these include messages from people you most likely don’t know, based on Facebook’s reading of your social connections. Many users ignore this folder.






Now, users will be able to pay $ 1 to route their messages to non-friends. Facebook said Thursday that it is testing the service with a small percentage of individuals — not businesses — in the U.S.


“For example, if you want to send a message to someone you heard speak at an event but are not friends with, or if you want to message someone about a job opportunity, you can use this feature to reach their Inbox,” Facebook said in an online post. “For the receiver, this test allows them to hear from people who have an important message to send them.”


The company says charging for messages could help discourage spammers.


In October, Facebook unveiled another feature that lets users pay if they want more people to read their updates. For $ 7, users can promote a post to their friends, just as advertisers do.


Social Media News Headlines – Yahoo! News





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Country singer Tate Stevens wins Fox's 'X Factor'


NEW YORK (AP) — Tate Stevens, who was mentored by music exec L.A. Reid on the second season of "The X Factor," has won the Fox singing competition.


The 37-year-old country singer from Belton, Mo., beat runner-up Carly Rose Sonenclar, a 13-year-old schoolgirl from Westchester, N.Y., and teenage girl group Fifth Harmony on the finale that aired live Thursday night.


Stevens wins a $5 million recording contract.


More than 35 million votes were cast by viewers after Wednesday's performance show.


Besides Reid, judges this season included Demi Lovato, Britney Spears and series creator Simon Cowell.


Thursday's show was also the grand finale for Reid. Earlier this month, he said he wouldn't be returning to "The X Factor" next year. No replacement has been announced.


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Stigma Fading, Marijuana Common in California


Jim Wilson/The New York Times


At a San Francisco concert in 2010, marijuana use was general while signatures were collected for a measure to decriminalize it.







LOS ANGELES — Let Colorado and Washington be the marijuana trailblazers. Let them struggle with the messy details of what it means to actually legalize the drug. Marijuana is, as a practical matter, already legal in much of California.




No matter that its recreational use remains technically against the law. Marijuana has, in many parts of this state, become the equivalent of a beer in a paper bag on the streets of Greenwich Village. It is losing whatever stigma it ever had and still has in many parts of the country, including New York City, where the kind of open marijuana use that is common here would attract the attention of any passing law officer.


“It’s shocking, from my perspective, the number of people that we all know who are recreational marijuana users,” said Gavin Newsom, the lieutenant governor. “These are incredibly upstanding citizens: Leaders in our community, and exceptional people. Increasingly, people are willing to share how they use it and not be ashamed of it.”


Marijuana can be smelled in suburban backyards in neighborhoods from Hollywood to Topanga Canyon as dusk falls — what in other places is known as the cocktail hour — often wafting in from three sides. In some homes in Beverly Hills and San Francisco, it is offered at the start of a dinner party with the customary ease of a host offering a chilled Bombay Sapphire martini.


Lighting up a cigarette (the tobacco kind) can get you booted from many venues in this rigorously antitobacco state. But no one seemed to mind as marijuana smoke filled the air at an outdoor concert at the Hollywood Bowl in September or even in the much more intimate, enclosed atmosphere of the Troubadour in West Hollywood during a Mountain Goats concert last week.


Arnold Schwarzenegger, the former Republican governor, ticked off the acceptance of open marijuana smoking in a list of reasons he thought Venice was such a wonderful place for his morning bicycle rides. With so many people smoking in so many places, he said in an interview this year, there was no reason to light up one’s own joint.


“You just inhale, and you live off everyone else,” said Mr. Schwarzenegger, who as governor signed a law decriminalizing possession of small amounts of marijuana.


Some Californians react disdainfully to anyone from out of state who still harbors illicit associations with the drug. Bill Maher, the television host, was speaking about the prevalence of marijuana smoking at dinner parties hosted by Sue Mengers, a retired Hollywood agent famous for her high-powered gatherings of actors and journalists, in an interview after her death last year. “I used to bring her pot,” he said. “And I wasn’t the only one.”


When a reporter sought to ascertain whether this was an on-the-record conversation, Mr. Maher responded tartly: “Where do you think you are? This is California in the year 2011.”


John Burton, the state Democratic chairman, said he recalled an era when the drug was stigmatized under tough antidrug laws. He called the changes in thinking toward marijuana one of the two most striking shifts in public attitude he had seen in 40 years here (the other was gay rights).


“I can remember when your second conviction of having a single marijuana cigarette would get you two to 20 in San Quentin,” he said.


In a Field Poll of California voters conducted in October 2010, 47 percent of respondents said they had smoked marijuana at least once, and 50 percent said it should be legalized. The poll was taken shortly before Californians voted down, by a narrow margin, an initiative to decriminalize marijuana.


“In a Republican year, the legalization came within two points,” said Chris Lehane, a Democratic consultant who worked on the campaign in favor of the initiative. He said that was evidence of the “fact that the public has evolved on the issue and is ahead of the pols.”


A study by the California Office of Traffic Safety last month found that motorists were more likely to be driving under the influence of marijuana than under the influence of alcohol.


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Hedge fund manager alleges Herbalife is 'pyramid scheme'









Herbalife Ltd. is girding for a fight against a Wall Street money man who's betting $1 billion that the company is nothing more than what he called a "pyramid scheme."


The Los Angeles maker of nutritional products rushed to defend itself Thursday against a hedge fund manager's accusation.


Hedge fund titan Bill Ackman accused Herbalife of paying its sales staff far more money to recruit new distributors than to actually sell its products.





That results in the roughly 2.6 million distributors at the bottom of the sales pyramid making little or no income, while a handful at the top hauls in millions, he said.


"This is the best-managed pyramid scheme in the history of the world," Ackman said.


The company denied the allegation and accused Ackman of trying to manipulate the stock. Herbalife shares slumped 10% on Thursday and are off 21% in the two days since Ackman announced that the company is in his sights.


"Today's presentation was a malicious attack on our business model based largely on outdated, distorted and inaccurate information," Herbalife said in a statement. "We are not an illegal pyramid scheme."


Herbalife, which bills itself as a so-called multilevel marketer, has beaten back similar accusations in the past. But the company has rarely faced a nemesis such as Ackman.


The 46-year-old billionaire has fashioned a career on high-stakes gambits in controversial companies. His fund firm, Pershing Square Capital Management, manages $12 billion.


Showdowns between companies and skeptical investors historically play out behind closed doors, especially in the normally sleepy pre-holiday period.


But in a measure of the aggressive tactics favored by an emerging breed of activist investors, Ackman launched a public blitzkrieg Thursday. He gave a flashy multimedia presentation to a packed conference room in New York that was streamed live on the Internet.


"I've never seen anything quite like it," said Timothy Ramey, an analyst at D.A. Davidson & Co. "I've never seen an investor spend 31/2 hours of time at a major venue being webcast and then make TV appearances to make his point. It's the largest orchestrated bull or bear case that I've ever seen."


The brawl has potential repercussions for both sides.


Ackman claimed to have spent one year doing intensive research on Herbalife's operations, an unusually extended period given Wall Street's thirst for immediate results.


Earlier this year, Ackman began betting that Herbalife's stock would fall sharply.


His fund is "shorting" more than 20 million shares of the company. In a short sale, an investor borrows stock and sells it immediately, hoping to later buy the shares at a reduced price and return them to their actual owner.


Ackman promised to donate all profit from his Herbalife bet to charity, and portrayed his public diatribe as intended for the public good.


"I'm very fortunate to have the means to pursue this," he said. "I am independently wealthy. When I believe in something, I can say what I want and do what is right."


For Herbalife, the fight threatens to damage its credibility among investors who have always been sensitive to claims that its business is illegitimate.


Herbalife, which was founded in 1980, sells a line of diet powders, bars, drinks and vitamins through a network of independent distributors in more than 80 countries. The company reported sales of $3.5 billion in 2011.


Its chief executive, Michael O. Johnson, was the highest paid executive in the United States last year, hauling in more than $89 million in salary, exercised stock options and other compensation, according to GMI Ratings, a corporate governance firm.


The company has fought criticism of its business model throughout its existence.


In 2008, for example, self-proclaimed fraud buster Barry Minkow shorted Herbalife's stock and then accused the company of a host of misdeeds. The company survived those accusations and Minkow ultimately went to prison on unrelated charges.


This was the second time this year that investors punished Herbalife because of questions about its business practices. Herbalife shares fell 20% in May after hedge fund operator David Einhorn asked pointed questions during an earnings call.


"We operate at the highest ethical and quality standards, and our management and our board are constantly reviewing our business practices and products," Herbalife said. "We also hire independent, outside experts to ensure our operations are in full compliance with laws and regulations."


Ackman and Herbalife engaged in a bitter and bizarre war of words, with Johnson saying the United States will "be better when Bill Ackman is gone."


Ackman interpreted the statement as a threat and said he has hired a security firm to protect him.


stuart.pfeifer@latimes.com


walter.hamilton@latimes.com





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$66M Kinkade estate dispute secretly settled


SAN JOSE, Calif. (AP) — Thomas Kinkade's widow and girlfriend have reached a settlement after a dispute over the late artist's $66 million estate, their attorneys said Wednesday.


The San Jose Mercury News reports (http://bit.ly/Wq5kti ) that counsel for Nanette Kinkade and his girlfriend Amy Pinto announced the settlement but wouldn't provide further details, leaving it unclear who will inherit Kinkade's San Francisco Bay area mansion and his warehouse of paintings.


In a statement, they said the women kept Kinkade's message of "love, spirituality and optimism" in their amicable resolution.


The dispute went public after the 54-year-old artist died April 6 from an accidental overdose of alcohol and prescription tranquilizers.


Pinto, who began dating Kinkade six months after his marriage of 28 years imploded, claimed Kinkade wrote two notes bequeathing her his mansion and $10 million to establish a museum of his paintings. Her lawyers filed court papers stating that she and Kinkade had planned to marry as soon as his divorce went through.


Nanette Kinkade disputed those claims and sought full control of the estate. She portrayed Pinto in court papers as a gold-digger who is trying to cheat the artist's rightful heirs.


Kinkade, the self-described "Painter of Light," was known for sentimental scenes of country gardens and pastoral landscapes. His work led to a commercial empire of franchised galleries, reproduced artwork and spin-off products that was said to fetch some $100 million each year in sales.


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The New Old Age Blog: After Storm, 'Friends' Rescue a Caregiver

Tales of Hurricane Sandy survival will likely emerge for years — particularly about the sick and elderly who were trapped in their homes or forced to evacuate under harrowing circumstances. Many of those stories have happy endings, like this one of social media and neighborliness I recently heard.

It is about two ailing 90-year-olds who, because of social media, formal and informal, and the ingenuity of one of their daughters, were located amid the rubble of Long Beach, N.Y., after the storm’s initial fury, and in short order gained admission to one of the few elder care facilities in the region that could meet their divergent needs.

“The pluses of social networking really come into play in a situation like this,’’ said Alice, 66, the couple’s daughter, a social worker for senior services in the office of a New York State senator who found herself almost as flummoxed as a nonprofessional when she needed help for her own parents. “More people are willing to help others than we think, but nobody is going to help if we don’t ask.’’

Alice’s social media search, first to locate her parents and then to find them a new home, began on a Facebook page for missing persons, one of many that sprang up after the storm. Long Beach, one of the hardest-hit areas, had no phones or power and was, for the most part, inaccessible. A Facebook page, Long Beach NY Hurricane Information, was meant to help residents find free hot food, a mobile medical van, somewhere to do laundry, revised school bus routes, lists of open stores, suggestions for good contractors, warning of price-gougers and, increasingly, share tales of recovery.

“I put up a post and sure enough some wonderful man from Brooklyn got back to me,’’ Alice said (we tell Alice’s story using only her first name to protect her parents’ privacy). The man had braved the miles of dark back roads to get to his own mother, who happened to live in the same co-op building as Alice’s parents.

He volunteered to check on the old couple and their home health aide on the third floor. Alice’s father, who has dementia, is incontinent and cannot walk because of a neurological condition, and her mother, who is deaf, suffers from depression, but by comparison is the “well spouse.’’

Their personal belongings were not destroyed, although her mother’s medical records were lost when her doctor’s office was damaged. But the old building would be uninhabitable for an indeterminate time, surely too long for a pair of 90-year-olds to ever return. Still, the information that they were O.K., coming from a total stranger, “provided a night of sleep I otherwise never would have had,’’ Alice said.

The next morning, she and her younger sister, Sharon, were able to get to Long Beach and tell their mother that the evacuation would be permanent. They brought the couple to Alice’s home in Queens for a few days, then to a nearby hotel and finally to a borrowed apartment in a neighboring building.

“It is so painful for them to be uprooted all of a sudden, at this age,’’ Alice said. “But in a way this may be one of those blessings in disguise. The way they were living, it was only after we actually had them with us that we realized my mother’s description of how things were going were not exactly accurate.’’

This is the case with many elderly parents, getting by in their own apartment and putting the best face on it lest their children tell them it is time to leave. So in the short window before she and her husband left for Chicago, and Thanksgiving with their own children and grandchildren, Alice had to set in motion the next step.

Her sister and brother-in-law on Long Island would keep an eye on the old couple in the short term. But the long-term solution, Alice said, with the clear-eyes that came from seeing others in this situation day-after-day, was a senior community where her father could live in the skilled nursing section and her mother in the less restrictive assisted living area. They would see each other as often as they wished, but each would get the correct level of care.

So before leaving for Chicago, using a more informal kind of social media, Alice e-mailed 40 friends — from her synagogue, her social work circle, her Rolodex of elder care lawyers and Medicare advocates. The e-blast was a plea for help.

“Each of you on this email know me personally,’’ she wrote. “As you all know, many years of my professional life have been dedicated to helping seniors . . . . Now I find myself in the position of needing help for my mom and dad.’’ She told them the story of her parents evacuation and how “exhausted and completely stressed’’ she and her sister and both of their husbands were. Now her “biggest hurdle was to find a place that can accommodate each of their needs.’’

She essentially asked this group to put on their thinking caps, and they did. Alice and her husband left for the holiday on a Monday. That Wednesday, the day before Thanksgiving, she got a phone call from an admissions person from exactly the kind of facility she needed, who had been contacted by her friends. Alice was told what kind of records she would need for their application. A plan was made to reconvene by telephone the Monday after Thanksgiving.

On Friday, Nov. 30, Alice and her sister toured the place. In that same blur of a week, the sisters took turns going to Long Beach to deal with their parents’ possessions. Alice’s mother slowly moved from reconciled to relieved. When it was time to tell Alice’s father “he went from sad and crying to angry at my sister and I for not being able to take them to live with either of us.’’

Through it all, Alice kept her e-mail committee up to date. She had crowd-sourced one of the hardest problems she would ever face. She had tapped the viral nature of hastily created Facebook pages, where strangers literally “friend’’ each other, and sent e-mail blasts to the kind of friends who take no offense at receiving the same message as a bunch of people they may or may not know.

In the “new old age,” this is one of many ways of doing what nobody really knows how to do. And in all likelihood, with the paperwork almost complete, Alice’s parents will have a new home for Christmas.


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UBS to pay $1.5 billion to settle Libor charges









UBS has agreed to pay a fine of $1.5 billion to authorities and plead guilty to a felony count of wire fraud, the most recent developments in a far-reaching probe into how banks manipulated interest rates leading up to the financial crisis.


Two former traders were also charged with conspiracy in a complaint unsealed Wednesday, the first people charged criminally in the Libor scandal.


"We cannot and we will not tolerate misconduct on Wall Street of the kind admitted to by UBS today and by Barclays last June," said Assistant Atty. Gen. Lanny Breuer, head of the criminal division. In June, Barclays was the first bank to settle with authorities, paying $450 million.





The fine was one of the biggest leveled against a financial institution by American and British authorities, just short of the $1.9-billion fine HSBC agreed to pay last week over money laundering allegations.


The charges relate to the ways traders leaned on banks to manipulate the London interbank offered rate, or Libor, to benefit their own trading positions.


Officials said that from 2006 through 2009 UBS traders placed bets on the movement of Libor and manipulated the rate, which is used as a benchmark to set interest rates for many mortgages, credit cards and other consumer lending instruments. The traders profited by knowing which way the Libor would move.


In coming months, the probe probably will expand to include other banks that help determine the Libor, analysts say. But it's the criminal charges that turned some heads on Wall Street on Wednesday.


The plea agreement on wire fraud charges by a UBS subsidiary in Japan, which included a $100-million fine, marks the first time since 2005 that a major financial institution has pleaded guilty to criminal charges, the Justice Department said.


"For a bank to admit to criminality is kind of mind-blowing," said Peter Shapiro, managing director of Swap Financial Group in South Orange, N.J. "Obviously, they didn't do that easily — that was something that must have been a big priority of enforcement agencies."


Enforcement agencies have been feeling some pressure to level blame on financial institutions in the wake of the financial crisis, Shapiro said. No senior financial executives have served jail time for their roles in the financial crisis.


"Both the regulators and enforcement agencies feel somewhat beleaguered by the repeated assertions that they failed to deliver enough heads on a plate as a response to the financial crisis," he said.


U.S. officials also announced criminal charges against two former senior traders for UBS in connection with the scandal. Tom Alexander William Hayes, 33, of Britain, was charged with conspiracy and wire fraud, and Roger Darin, 41, of Switzerland, was charged with conspiracy. Both remain abroad, but the Justice Department will try to extradite them.


"The motivation here was nothing short of sheer greed, and the scheme was nothing short of a shell game, a Wall Street version of three-card monte," said Kevin Perkins, associate director of the FBI, which helped investigate the case.


More criminal charges at other banks could follow, said Anthony Sabino, professor of law at the Tobin College of Business at St. John's University.


"Once you start to round up some accused bad guys, that leads to more people being rounded up," he said. "This is a vast conspiracy among a multitude of banks, which therefore implicates a multitude of individuals."


Much of the activity took place at UBS Japan Securities Co., where Hayes was a senior trader. The Justice Department released internal UBS messages in which Hayes and others talked about their alleged manipulation.


In one from November 2006, Hayes told a UBS employee who submitted rate information for the Libor that he and Darin "skew the Libors a bit" and then said he needed the six-month rate to stay high for three days.


UBS traders were often colorful and emphatic in their pleadings, according to documents released by Britain's Financial Services Authority. One wrote, "I need you to keep it as low as possible.... If you do that, I'll pay you, you know, $50,000, $100,000, whatever you want."


The UBS fine was larger than that leveled on Barclays earlier in the year because UBS' misconduct was "considerably more serious than Barclays' because it was more widespread within the firm," the Financial Services Authority said. At least 45 individuals at UBS were involved in or aware of the rate-fixing practice.


UBS said that it had fully cooperated with authorities and that the interest-rate manipulations were the isolated actions of certain employees.


"Their misconduct does not reflect the values of UBS nor the high ethical standards to which we hold every employee," UBS CEO Sergio Ermotti said in a statement.


Analysts say that there's still potential for significant civil suits against UBS and other banks, which could be more damaging than the fines levied against them. Keefe, Bruyette & Woods, an equity research firm, estimated in July that potential industry damages could reach $35 billion.


Those estimates were validated Wednesday when the Inspector General for the Federal Housing Finance Agency estimated that government-owned Fannie Mae and Freddie Mac may have lost a combined $3 billion because of reduced interest payments on securities and other holdings. Officials at FHFA, which regulates Fannie and Freddie, have not confirmed the estimate but are evaluating potential issues involved with the Libor manipulation.


There are barriers to further lawsuits — the burden of proof will be high, analysts at Keefe, Bruyette & Woods said. To move forward with civil suits, plaintiffs would have to prove that traders were conspiring, said John C. Coffee, a Columbia Law School expert in corporate fraud.


"But that said, the size of the potential liability is mushrooming," he said.


Times reporter E. Scott Reckard contributed to this report. Semuels reported from Los Angeles and Puzzanghera from Washington.





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Gun lobby's grip on Congress threatened









WASHINGTON — The gun-control debate sharpened Tuesday as President Obama backed an effort to revive the assault weapons ban spearheaded by California Sen. Dianne Feinstein, who is poised to have a powerful new role as the head of the Senate committee overseeing gun laws.


Calls for federal gun restrictions were mounting following last week's shooting at an elementary school in Newtown, Conn. — even from lawmakers who had rejected them in the past. The National Rifle Assn. and its allies have successfully kept such efforts at bay for years, but the slayings of 20 children have roiled the politics of gun control and now challenge the gun lobby's hold on Capitol Hill.


The NRA broke its four-day silence Tuesday, saying it "is prepared to offer meaningful contributions to help make sure this never happens again," but offered no details. The group plans to hold a news conference Friday.





The gun lobby faces a newly empowered opponent in Feinstein, a Democrat, who is in line to succeed Sen. Patrick J. Leahy (D-Vt.) as chairwoman of the Senate Judiciary Committee, with the power to call hearings and move new legislation.


Feinstein said Tuesday that on the first day of the next Congress she would introduce an updated version of the expired assault weapons ban that she helped pass in 1994. As drafted, the measure would ban the Bushmaster .223 rifle that Adam Lanza used in the Newtown slayings, which also left six school employees dead.


"This is an uphill climb," she said. "Sure, it's tough, but that doesn't mean we shouldn't try."


The issue is personal for Feinstein, who became mayor of San Francisco in 1978 after then-Mayor George Moscone and Supervisor Harvey Milk were shot to death at City Hall. A pen President Clinton used to sign the assault weapons ban hangs prominently in her Capitol Hill office.


Feinstein has the backing of Obama, who vowed Sunday in Newtown to harness the power of his office to try to prevent future massacres.


The president put little effort into gun legislation during his first four years in the White House, despite several mass shootings — including one in Tucson that left six people dead and 13 wounded. Then-Rep. Gabrielle Giffords, an Arizona Democrat, was shot in the head and nearly killed.


On Tuesday, spokesman Jay Carney said that Obama was "actively supportive" of Feinstein's effort to reinstate the assault weapons ban, which expired in 2004, and that he would back support legislation to tighten sales at gun shows.


An NRA spokesman declined to comment on the calls for gun control. But the group released a statement saying it was "shocked, saddened and heartbroken by the news of the horrific and senseless murders in Newtown."


"Out of respect for the families, and as a matter of common decency, we have given time for mourning, prayer and a full investigation of the facts before commenting," the statement continued.


The gun lobby's influence is renowned: It easily swept back efforts to toughen federal gun laws after the 2011 mass shooting in Tucson, as well as the July movie theater massacre in Aurora, Colo., that left 12 dead and dozens wounded. Much of the NRA's power stems from its relentless lobbying and an increasingly polarized House, which is controlled by the group's Republican allies.


Few doubt the NRA will wield substantial influence in the debate, joined by even more vociferous groups, such as Gun Owners of America, which sees the NRA as too willing to compromise.


Michael Hammond, legislative counsel for Gun Owners of America, said his group wouldn't retreat an inch from its opposition to restrictions, including a ban on high-capacity magazines like those used in Newtown.


"I think it's a horrible idea," he said, saying such magazines are valuable in self-defense. Lanza used magazines that held 30 rounds each.


Hammond noted that gun-rights supporters have faced hostile political environments in the past. After the 1999 shootings at Columbine High School that left 12 students, a teacher and two gunmen dead, he said, "things looked very bleak for the 2nd Amendment community." Despite the increase in public support for gun control at the time, his group and others turned back efforts to tighten gun laws.


Still, both allies and opponents say the gun lobby faces a much steeper fight this time. Those calling for tougher gun laws include longtime NRA allies, such as Sen. Joe Manchin III (D-W.Va.), who met Tuesday with Feinstein and spoke with Obama by phone.


Susan Ginsburg, who coordinated firearms policy at the Treasury Department during the Clinton administration, says she believes the Newtown massacre will lead to new gun restrictions.


"I don't think this is going to fade back into invisibility again," she said. "We seem to have turned a corner in which it's just not acceptable for children to be killed like that."





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Cassadee Pope wins Season 3 of 'The Voice'


NEW YORK (AP) — Cassadee Pope, who was country singer Blake Shelton's protege on the third season of NBC's "The Voice," has won the show's competition.


The 23-year-old singer is stepping out into a solo career after performing with a band called Hey Monday. Her victory over Scottish native Terry McDermott and long-bearded Nicholas David was announced at the end of a two-hour show Tuesday.


"The Voice" has grown into a hit for NBC and was the key factor in the network's surprising success this fall.


The show's status was affirmed by the stream of hitmakers who performed on the finale. They included Rihanna, Bruno Mars, the Killers, Smokey Robinson and Peter Frampton.


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The New Old Age Blog: Older People Become What They Think, Study Shows

All of us have beliefs — many of them subconscious, dating back to childhood — about what it means to get older. Psychologists call these “age stereotypes.” And, it turns out, they can have an important effect on seniors’ health.

When stereotypes are negative — when seniors are convinced becoming old means becoming useless, helpless or devalued — they are less likely to seek preventive medical care and die earlier, and more likely to suffer memory loss and poor physical functioning, a growing body of research shows.

When stereotypes are positive — when older adults view age as a time of wisdom, self-realization and satisfaction — results point in the other direction, toward a higher level of functioning. The latest report, in The Journal of the American Medical Association, suggests that seniors with this positive bias are 44 percent more likely to fully recover from a bout of disability.

For people who care about and interact with older people, the message is clear: your attitude counts because it can activate or potentially modify these deeply held age stereotypes.

The researcher who has done more than anyone else to advance our understanding of this is Becca Levy, an associate professor of epidemiology and psychology at Yale University.

In the mid-1990s, she began a series of experiments with older people in laboratory settings. The idea was to expose them subliminally to negative or positive stereotypes by flashing words associated with aging on a computer screen too fast for them to process consciously. Then these seniors were asked to perform a task.

Those exposed to negative words such as “decrepit” had poorer handwriting, slower walking speeds, higher levels of cardiovascular stress and a greater willingness to reject hypothetical medical interventions that could prolong their lives. Those primed with positive words such as “wisdom” did much better.

The experiments involved external stimuli, however, and Dr. Levy was interested in peoples’ subjective experience of older age. For that, she turned to a database of adults age 50 and older in Oxford, Ohio, who were followed for a period of 23 years, from 1975 to 1998.

Many had filled out questionnaires at the start of the study designed to elicit stereotypes about aging. This involved soliciting a “yes” or “no” answer to a series of statements like “things keep getting worse as I get older,” or “as you get older, you get less useful.”

When Dr. Levy looked at 660 participants, she found that those with positive age stereotypes lived 7.5 years longer than those with negative stereotypes. The research was published in The Journal of Personal and Social Psychology in 2002.

What might account for this finding? In her paper, Dr. Levy speculated that people with positive age stereotypes have a stronger will to live, and that this might affect their ability to adapt to the rigors of older age. Also, people with negative age stereotypes may have a heightened cardiovascular response to stress, with attendant ill health effects.

In other research using this data set, Dr. Levy established that people with positive age stereotypes were more likely to eat a balanced diet, exercise, limit their alcohol consumption, stop smoking and get regular physical exams, and that they had a higher level of physical functioning over time. Results were controlled for other factors like illness, gender, race and socioeconomic status.

In these papers, Dr. Levy hypothesized that positive age stereotypes are associated with a greater sense of control and that this enhanced seniors’ sense of self efficacy — their ability to remain captains of their own ship, as it were.

Her new findings about the impact of age stereotypes on older adults’ recovery from disability is an extension of this body of work. In this case, Dr. Levy and her co-authors followed 598 adults age 70 and older in New Haven, Conn., from 1998 to 2008. Disability was defined as needing help with basic activities of daily living like bathing, dressing and walking, and its onset was typically precipitated by an illness or injury.

Again, seniors with positive age stereotypes were much more likely to have good results and recover fully.

Dr. Marie Bernard, a geriatrician who serves as deputy director of the National Institute on Aging, said she found the report “quite intriguing” and that it confirmed her clinical observations in more than 30 years of medical practice. But she cautioned that it is a small study that needs to be replicated.

“What we really need to understand is the mechanism,” she said. “Is it something that is malleable and, if so, could we help people live longer, healthier lives?”

Researchers don’t have an answer to that yet. But many believe that part of the answer has to lie in tackling ageism – which is pervasive in our youth-oriented culture — early on, from earliest childhood.

“Even young kids have negative associations; they tell you that older adults are sick, slow, forgetful, no good,” said Dana Kotter-Gruehn, a visiting assistant professor in the department of psychology and neuroscience at Duke University.

Also generations need to be brought together so that “people can experience what it means to be an older person” and stereotypes can be dispelled, Dr. Kotter-Gruehn said. This has been shown to help change people’s stereotypes about race and homosexuality, she noted.

Closer to home, all of us who interact with older people can “think about how to reinforce the more positive aspects of aging,” Dr. Levy said.

“If all of us became a little more aware of the implications of our communications” — the tone of voice we use with seniors, the attitude we adopt, the use of loaded phrases or expressions, the extent to which we give older adults our full, undivided attention — “that would help quite a lot.”

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Instagram draws ire over new user rules









SAN FRANCISCO — When it comes to policy changes, Instagram could have used a filter of its own.


Its usually devoted users threatened to delete their accounts en masse Tuesday if the popular photo-sharing app did not roll back new terms of service that appeared to give the company ownership of their images. Instagram users — about 100 million now — snap the photos on their smartphones, apply digital filters to enhance the photos and then instantly share them with friends.


"Dear @Instagram, why did you think we'd just be OK with your new terms? They are NOT COOL. Signed, The Entire Internet," Jason Pollock, a Los Angeles filmmaker and social media consultant, wrote on Twitter.





Instagram founder Kevin Systrom tried to calm the uproar and reassure users in a blog post Tuesday afternoon.


"Instagram does not claim any ownership rights over your photos," he wrote. "We respect that your photos are your photos. Period."


Instagram's new terms of service announced Monday included a clause stating that Instagram had the right to turn images into advertisements without any approval from or compensation for users starting Jan. 16. — part of Facebook's drive to make money from the service it bought this year for $715 million in cash and stock.


That angered amateur and professional photographers alike — even Facebook Chief Executive Mark Zuckerberg's wedding photographer.


"Pro or not if a company wants to use your photos for advertising they need to TELL you and PAY you," Noah Kalina said on Twitter.


The effort to make money from Instagram users struck a nerve. According to the Pew Research Center's Internet & American Life Project, nearly half of Internet users post photos and videos online that they have created themselves.


Kurt Opsahl, a senior staff attorney with the Electronic Frontier Foundation, said Instagram quickly realized it had "overplayed its hand." But its mea culpa blog post still contains plenty of loopholes, he said.


"They say they don't have any plans to put your photos in an advertisement, but nevertheless that is the permission they were seeking," Opsahl said. "We will have to see what the language of the terms of service looks like after they revise it."


Jeff Lawrence, a 29-year-old DJ, graphic designer and photographer from Seattle, said he'll decide if he's dumping Instagram after he sees what the company plans to do in black and white.


"Thankfully we are all Internet savvy enough to know that people can say one thing and do another," said Lawrence, an avid Instagram user. "I am going to wait and see if Instagram takes this criticism to heart and changes the terms of service."


The backlash underscored the rising tensions between users of free social media services and the companies that are trying to profit from them. More users are asking for more control over how these companies handle their information.


Clayton Cubitt, 40, a photographer and filmmaker from Brooklyn, N.Y., quickly dubbed the new terms of service a "suicide note" from Instagram.


He urged his fellow Instagram users to revolt against the current policies at social media companies that he described as "you have a free place to post content and in exchange the company sucks the soul out of your life."


"They look at users as a herd to milk," Cubitt said.


His rants may have angered Zuckerberg, but Zuckerberg's sister Arielle Zuckerberg publicly "liked" Cubitt's Instagram snapshot of the most controversial part of Instagram's terms of service.


It's unclear if the Instagram backlash will cause lasting damage to the service.


Hacker collective Anonymous had urged its more than 780,000 Twitter followers to ditch Instagram with the hashtag #BoycottInstagram and posted screen shots from followers who had. The servers of Instaport.me, which helps users download their photos from Instagram, were overloaded Tuesday as Instagram users deleted their accounts and switched to other options such as Hipstamatic and Twitter's new photo service that has filters similar to Instagram. Yahoo said it has seen "strong interest" in its new Flickr app for iPhones.


Many Instagram users said they would give Instagram the benefit of the doubt — for now.


"I am going to rage about it, and get people to rage about it, until we change their policy," Pollock, 31, said in an interview. "There is just something so personal and beautiful about Instagram. Hopefully they don't completely ruin it."


jessica.guynn@latimes.com





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Newport Beach dock renters may withhold holiday love









Marcy Cook embraces the holiday season. The tell? Start with the teddy bears dressed as Santa. More than 1,500 stand sentry around and inside her Newport Beach waterfronthome. Garland and strings of lights threaten to strangle the place like kudzu.


"We decorate a little bit, if you haven't noticed," said Cook, 69. "It's the highlight of the year for us."


Each Christmas, Newport Harbor is ablaze in lights as homeowners go to extraordinary lengths to complement the city's annual Christmas Boat Parade — an indelible tradition that renews itself Wednesday night and continues through Sunday.





But this has been a stressful season here along the tranquil waterfront lined with multimillion-dollar homes.


An increase in city rental fees for residential docks that protrude over public tidelands created a furor when it was approved last week by the City Council.


It also prompted a call to boycott the boat parade and festival of lights by a group calling itself "Stop the Dock Tax."


"It costs us thousands of dollars to voluntarily decorate our homes and boats to bring holiday smiles to nearly 1 million people," organization Chairman Bob McCaffrey wrote to the city. "This year, we are turning off our lights and withdrawing our boats in protest of the massive new dock tax we expect the City Council to levy."


Pete Pallette, a fellow boycott proponent and harbor homeowner, told city leaders the group would call off the boycott only if the council delayed voting on the rent hike. "Otherwise," he vowed, "game on."


In a place where homes come with names and mega-yachts bob in the harbor, it might appear the wealthy are wielding a weapon most often reserved for the masses. A holiday blackout, proponents say, will underscore their displeasure.


Newport's dock fee, which has stood at $100 a year for the last two decades, will now be based on a dock's size. The city says rents will increase to about $250 for a small slip to $3,200 annually for a large dock shared by two homeowners.


"People have been paying $8 a month all these years to access what is public waters," said Newport Beach City Manager Dave Kiff. "That's a pretty good deal. The City Council didn't think the increase it approved was too extreme."


Many did.


They packed council meetings when the hike was discussed, accusing the city of an excessive money grab.


They brushed aside the city's rationale: Statelawmandates cities charge fair market rents for the private use of public lands, and Newport Beach was only now catching up.


And they were unmoved by arguments that the extra revenue will go exclusively to badly needed repairs to a harbor that, despite outward appearances, needs a lot of work.


The city's five-year plan for the harbor calls for $29 million in long-overdue maintenance. Its silt-filled channels haven't been fully dredged since the Great Depression. Ancient, leaky sea walls protecting neighborhoods need to be repaired or replaced.


"We have the makings of a perfect storm like they did on the East Coast" during Superstorm Sandy, said Chris Miller, the city's harbor resources manager. "The sea walls are nearing the end of their useful life."


Even with the rent increases, Newport's dock owners will contribute a tiny fraction of that cost — the rest coming from the federal government and the city's general operating fund.


As dock owners fumed over having to pay more, others recoiled at the proposed boycott of the boat parade, which dates to 1908 when a single gondola led eight canoes illuminated by Japanese lanterns around the harbor. It has now swelled to a decent-sized armada of dozens of boats — some carrying paying customers — that circle past the decorated harbor-front homes.


"The boycott is ridiculous," said Shirley Pepys, whose frontyard on Balboa Island has been taken over by a family of penguins dressed for a Hawaiian luau.





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Zooey Deschanel, rocker husband finalize divorce


LOS ANGELES (AP) — A judge has finalized Zooey Deschanel's divorce from her rocker husband of roughly three years.


Court records show a judge finalized the actress' divorce from Death Cab for Cutie frontman Ben Gibbard on Wednesday in Los Angeles.


Gibbard and Deschanel, who stars in Fox's "New Girl," were married in September 2009. They had no children together.


The actress filed for divorce in December 2011 after separating two months earlier.


The judgment does not provide financial details of the breakup, although it states that the former couple's marriage cannot be repaired by counseling or mediation.


Deschanel was nominated last week for a Golden Globe for her work on "New Girl."


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The New Old Age Blog: In the Middle: Helping Unhappy Couples

A post on Monday discussed the forces that can make an older couple’s good marriage suddenly go bad — an array of subtle, and often-misunderstood, mental, physical and emotional factors that can upset the equilibrium of even the happiest marriages.

Now we have consulted marriage counselors and geriatricians to find out what caregivers — either the grown children of the couple, or one of the spouses involved– can do to help restore peace and balance to these relationships. The experts consulted uniformly agreed that even older people can at least take steps to reduce tensions and improve their relationship, even if they cannot actually change. (Really, who can, at any age?)

“Even though the situation may seem overwhelming, take heart,” said Dr. Gordon Herz, a psychologist in private practice in Madison, Wisc., who specializes in neuropsychology and rehabilitation psychology. “Couples who have been together for 60 years tend to have worked out ways to manage conflict – or they wouldn’t still be together.”

Retreat to a neutral corner

When grown children see their parents fight, many want to run and hide. But those who are assuming an increased caregiving role often feel impelled to jump in and “fix” the problem, as they do with the other caregiving issues.

If you are so inclined, experts speak with one loud voice to advise: Don’t!

Trying to act as emotional broker between your parents can backfire. (Now they tell me! Suffice it to say that after one such effort my sister said to me in not exactly the friendliest tone, “Well, that went well, didn’t it?”)

“It’s better if your parents can find somebody else to talk to than you,” said Dr. Nancy K. Schlossberg, professor emerita of counseling psychology at the University of Maryland and the author of “Overwhelmed: Coping With Life’s Ups and Downs.”

Don’t give up on marital therapy

“Marital therapy for individuals over 65 years of age is difficult, since habits of a lifetime are deeply ingrained,” stated a study in The Canadian Journal of Medicine, one of the few in the medical literature about marital therapy among older people.

“Yet, in a sense, marital therapy is more crucial for the elderly than for younger patients,” the study continued. “At a time when they are least adaptable and most vulnerable to stress and are entering perhaps the most difficult period of their lives, the elderly must learn new methods of relating and coping” because of the physical and mental changes described in our earlier post.

There’s another reason learning to cope with life changes as a couple is even more critical for older couples: Unlike younger couples, the elderly are rarely in a position to leave the marriage and start over.

Help at least one spouse get counseling

What if only half the couple is ready to seek counseling? Not a problem, therapists said. “You want to help the part of the couple that is suffering,” said Dr. Elaine Rodino, a therapist in private practice in State College, Penn. “The other person may still be the curmudgeon, but I think of it as the law of physics: When you change one aspect of the formula, things change in the total.”

When dementia affects one of the spouses, therapy can help the caregiving spouse learn coping techniques, “which can reduce the marital discord and stress that can make conditions, especially cognitive difficulties, worse,” said Dr. William Dale, chief of geriatrics at the University of Chicago Geriatrics Medicine.

Consider the general practitioner or internist

If the couple won’t see a marriage counselor or therapist, can a family doctor be of any use? The experts had mixed responses.

Many pointed out that general practitioners have neither the time nor the training to offer much relationship help, unless the origin of the problem is exclusively physical. Others thought they could be of use, if given a little direction from the family.

“I encourage the kids to talk to the doctor in advance and let him know something is going on – signs of depression or other problems the parents won’t talk about,” advised Dr. Dale, adding that a consultation with a geriatrician who is more familiar with problems of the aging might be even more productive. “Then the doctor can say, ‘Gee, you sound really frustrated or down — are there any reasons we can explore?’”

Don’t overlook the importance of intimacy

“Mutually stimulating sexual relationships need care and feeding by both partners at any age, but especially in the geriatric years,” according to a study on marital therapy for the elderly. “The need for physical contact, warmth and touching perhaps reaches a peak in this age of loneliness, decreased self-esteem and poor health.”

Forget the idea that elderly couples are too shy to talk about intimacy, insisted Dr. Rodino. “I saw a couple in their 80s, the husband was getting penile injections at the doctor’s office, and then they hurried home to have sex.”

But Dr. Rodino does concede that for older patients it is especially important to focus not only on sexual function and performance, but on “touching, and non-intercourse sexual relations; I help them rekindle the affection and emotional closeness,” Dr. Rodino said.

Address any neuropsychological issues.

To find out whether the sudden marital conflict may stem from early mental cognitive impairment (M.C.I.) —or to rule M.C.I. out and find the real source of trouble — make sure the spouse obtains a full neuropsychological evaluation. If it is M.C.I., “it convinces everybody that there is more than just abstinence, it’s not a personality problem — and they need to address it,” said Dr. Dale.

Don’t overlook simple solutions

“Sometimes a memory problem is something simple, like low Vitamin B12, that is easily fixed,” said Dr. Dale. “Or hypothyroidism, which is quite common, can affect memory.”

In that case, doctors administer synthroid, a thyroid hormone replacement that Dr. Dale said is “very safe, with almost no side effects.” Other changes in behavior can also be the result of a simple problem or be remedied by a change in medication. Don’t assume the worst.

Put an end to the blame game

Help reframe the problem. “Even if dementia is involved, let them know it’s not that their partner hates them, it’s that he is having cognitive changes,” said Dr. Linda Waite, director of the Center on Demography and Economics of Aging at NORC/University of Chicago.

“When you re-frame it like that, it’s easier for the spouse not to take it personally and not blame themselves and feel it’s something they did,” said Dr. Waite. “It can make a difference.”

A 2009 study in the journal Gerontologist supports this notion: “Care partners likely would benefit from strategies aimed at reducing self-blame, enhancing coping skills … and communicating effectively with the person with M.C.I and significant others.”

Separate the anxiety

Divide and conquer — time away improves time together.

“Older couples, especially those with disabilities, spend way too much time together,” said Dr. Lisa Gwyther, director of the Duke Center for Aging Family Support Program. “It would be a problem for any couple.”

Caregivers can best help by arranging for an activity or outing that each spouse can do separately so they can return to each other refreshed and more cheerful. “That can help a lot,” said Dr. Gwyther.

Dial down the tone

For spouse caregivers, it is important to watch not just what is said, but how it is said. In any relationship, tone influences our interpretation of what our partner says. Those with M.C.I. will especially react to tone, rather than the substance of the exchange, Dr. Dale said.

“Ratchet down the emotions, repeat things calmly,” Dr. Dale said. The person with cognitive problems doesn’t know he asked the same question five times — he only knows that you sound angry at him for no reason he can fathom. One spouse’s anger fuels the other’s, and pretty soon there is a fight or withdrawal.

Zero tolerance for violence

If a spouse becomes violent, “that’s an entirely different issue,” said Dr. Schlossberg. “Call in an expert on family violence” or the police.

Help them help others

Nobody likes feeling dependent and having to ask for help. Finding a way to have your loved one volunteer, help others and continue to feel useful can improve moods and marital interactions – even if M.C.I. is involved.

With one couple Dr. Gwyther saw, the wife was not only “driving her husband nuts because she was asking him the same questions over and over,” but she could no longer drive and deliver food in a mobile meals program as she used to. “So her husband agreed to be the driver — and she took the meals to the doors,” Dr. Gwyther recalled.”It made her feel good to continue to do that — and it made them feel good to do it together.”

Caregiver, heal thyself

You have heard it a million times here and elsewhere but, unlike us, this advice never gets old.

If you are exhausted from caregiving, you are bound to be cranky, and that will make everybody around you edgy and irritable, too — especially the spouse who requires your care. Taking the time to look after your own health and engage in activities that bring you pleasure can go a long way toward reducing stress and reestablishing a peaceful balance in a marriage.

How have you coped with tensions in your marriage — or in your elderly parents’ marriage, as you care for them in their old age? Share in the comments below.

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U.S. agency sues JPMorgan Chase unit over bad mortgage bonds









The government agency overseeing credit unions is suing J.P. Morgan Securities, the investment arm of JPMorgan Chase & Co., over the sale of $3.6 billion in mortgage bonds that collapsed in value after the 2008 financial crisis.


The suit is the largest ever filed by the National Credit Union Administration.


It stems from actions by Bear Stearns & Co., the failed bank bought by JPMorgan in early 2008. The NCUA alleges that Bear Stearns misrepresented or hid information about mortgage-backed bonds sold to four corporate credit unions, in violation of federal and state securities laws.








The complaint says that many of the mortgages backing the bonds were bound to fail because underwriting standards were "abandoned." When the bonds later dropped in price, the credit unions suffered steep losses and eventually collapsed.


"Firms like Bear Stearns acted unfairly by ignoring the rules for underwriting," NCUA board Chairman Debbie Matz said in a statement. "They packaged these securities and then told buyers the paper was sound. When the securities plunged in value, we learned the truth."


The four federal credit unions were U.S. Central, Western Corporate, Southwest Corporate and Members United Corporate. NCUA oversees their liquidation. The lawsuit was filed in a federal district court in Kansas.


A representative for JPMorgan Chase did not immediately respond to a request for comment.


The NCUA has eight similar lawsuits pending against other banks, including subsidiaries of Barclays, the Royal Bank of Scotland and UBS.





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Obama promises Newtown, Conn., he'll do more to protect children









NEWTOWN, Conn. — Before a town devastated by a rampage against its children, and a nation wondering how it could happen again, President Obama vowed to use the power of his office to prevent such calamities and fulfill what he called America's foremost obligation.


"Can we honestly say that we're doing enough to keep our children, all of them, safe from harm?" Obama asked. "I have been reflecting on this in the past few days, and if we are honest with ourselves, the answer is no. We are not doing enough and we will have to change."


His remarks departed from similar speeches after other mass shootings, when he made vague calls for conversation but did not promise action. Though he made no specific policy proposals Sunday, his statements strongly signaled a political battle to come over gun control.





"In the coming weeks I will use whatever power this office holds to engage my fellow citizens from law enforcement to mental health professionals to parents and educators in an effort aimed at preventing more tragedies like this. Because what choice do we have? We can't accept events like this as routine.


"Are we really prepared to say we are powerless in the face of such carnage? That the politics are too hard? Are we prepared to say such violence visited on our children year after year after year is somehow the price of our freedom?"


Obama's speech Sunday evening capped a cold, rainy day in Newtown that seemed to augur the toll setting in from Friday's shooting. Residents huddled together in their homes, sought solace in churches and set up makeshift memorials for the 20 first-graders and six staff members killed at Sandy Hook Elementary School. Funerals were set to begin Monday.


"Everyone is trying to sit together and support each other right now," said Kalianna Faust, 16, a student serving coffee at Caraluzzi's grocery store. Between shifts, Faust had been obsessively scrolling through her friends' Twitter and Facebook accounts, reading tributes and gazing forlornly at photographs of the dead children. Her 15-year-old sister, Monica, spent the weekend holed up in sorrow in her bedroom. Kalianna ventured out only on Saturday to light candles at the St. Rose of Lima Catholic Church.


"We just hold each other and watch the news," she said.


Many turned to St. Rose for comfort. Even the normally sparse 7:30 a.m. Mass was filled to capacity Sunday. The vaulted red-brick church, set behind stately trees, lost eight young members Friday and has eight funerals to prepare.


People came to find a shred of peace, to memorialize angels that so recently sat and fidgeted among them in the pews. But they met only new despair. During the noon Mass, Msgr. Robert Weiss abruptly interrupted the sermon to evacuate the building; a threat had been called into the church's offices.


"It was a menacing call that threatened to disrupt the Mass in a violent way," said a stoic Brian Wallace, spokesman for the diocese, standing in front of the church.


Filing out, people were "distressed" and "very sad," he said. "There was some anger. But no panic. We have seen incredible dignity in the faces of these people."


Police searched the premises and determined there was no danger, but the day's events were canceled.


"I don't think anyone can be surprised about anything after what has happened," Wallace said.


Authorities continued Sunday to release details about the shooting, but nothing to answer why it happened.


The gunman, Adam Lanza, 20, carried hundreds of bullets when he shot his way into the school and fired a Bushmaster .223 semiautomatic rifle at the children and adults, Connecticut State Police Lt. J. Paul Vance said Sunday. Lanza then shot himself in the head with a Glock 10-millimeter handgun.


"The Bushmaster was used in the school, in its entirety," Vance said.


Lanza carried multiple, high-capacity magazines for the rifle, each with 30 rounds, and multiple magazines for both handguns, with "hundreds of bullets," Vance said. He was also armed with a Sig Sauer pistol. A shotgun, the type of which was not identified, was found in the trunk of his car outside the school.


Before going to the school, Lanza shot his mother in the head multiple times, Vance said. Authorities did not say what type of gun he used on Nancy Lanza, 52.


The fact that a type of assault weapon — federally banned until 2004 — was used to kill 6- and 7-year-old children, renewed debate on gun control in Connecticut and Washington.





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Google could emerge unscathed from federal web search probe – WSJ






(Reuters) – Google may not face any major repercussions from the Federal Trade Commission‘s (FTC) two-year-old anti-trust investigation into its web search business, the Wall Street Journal reported, citing people familiar with the matter.


The FTC might drop the investigation sometime this week based on voluntary changes Google will make to its search practices, rather than making the company sign a formal settlement called a consent decree, the Journal said.






The web search investigation examined whether Google tweaks its search results to disadvantage rivals in travel, shopping and other specialized searches.


Google will probably still be required to sign a consent decree for a separate federal investigation into the licensing of mobile-technology patents it acquired when it took over phone maker Motorola Mobility, the Journal said.


An end to the federal probe into Google’s search business would allow the company to avoid getting mired in anti-trust investigations like rival Microsoft Corp endured in the early 2000s.


The European Commission, which is also probing Google, is expected to announce a decision next month.


The FTC declined to comment to the Wall Street Journal and could not be reached for comment by Reuters outside of regular business hours. Google could not be reached for comment by Reuters outside of regular business hours.


(Reporting by Tej Sapru in Bangalore; Editing by Muralikumar Anantharaman)


Internet News Headlines – Yahoo! News





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