Focus buys Jeremy Renner as Award-winning journalist Gary Webb






NEW YORK (TheWrap.com) – Focus Features has acquired the worldwide rights to “Kill the Messenger,” an upcoming film starring Jeremy Renner as prize-winning journalist Gary Webb, according to a Focus spokeswoman.


Focus will distribute the film domestically and sell it internationally, initiating the deal making at the European Film Market in Berlin later this week.






Michael Cuesta will direct the film from a script by Peter Landesman. Cuesta has made a quartet of films and directed several episodes of successful TV series “Six Feet Under,” “Dexter” and “Homeland.”


Webb’s life took a turn for the worse after what should have been a major professional breakthrough. He wrote a series for the San Jose Mercury News exposing how the CIA permitted Nicaragua’s Contra rebels to smuggle cocaine into the United States. The contras then used the profits to fund a war against the leftist Nicaraguan government. Webb also drew a link between the influx of cocaine and the rise of crack cocaine, a drug that devastated many American cities in the 1980s.


Webb was on the staff of the Mercury News when it won the Pulitzer Prize for General News Reporting for its 1989 coverage of the Bay Area earthquake. However, his 1996 “Dark Alliance” series about the CIA and the Contras generated significant controversy, prompting the Mercury News to back away from it and alienating Webb from the journalistic community.


Webb shot himself to death in 2004.


Renner will both play Webb and produce with Don Handfield and Scott Stuber. The film was once set-up at Universal, making the acquisition by the studio’s specialty label something of a homecoming for the project.


Deadline first reported Focus’ involvement.


Movies News Headlines – Yahoo! News





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Well: Warning Too Late for Some Babies

Six weeks after Jack Mahoney was born prematurely on Feb. 3, 2011, the neonatal staff at WakeMed Hospital in Raleigh, N.C., noticed that his heart rate slowed slightly when he ate. They figured he was having difficulty feeding, and they added a thickener to help.

When Jack was discharged, his parents were given the thickener, SimplyThick, to mix into his formula. Two weeks later, Jack was back in the hospital, with a swollen belly and in inconsolable pain. By then, most of his small intestine had stopped working. He died soon after, at 66 days old.

A month later, the Food and Drug Administration issued a caution that SimplyThick should not be fed to premature infants because it may cause necrotizing enterocolitis, or NEC, a life-threatening condition that damages intestinal tissue.


Catherine Saint Louis speaks about using SimplyThick in premature infants.



Experts do not know how the product may be linked to the condition, but Jack is not the only child to die after receiving SimplyThick. An F.D.A. investigation of 84 cases, published in The Journal of Pediatrics in 2012, found a “distinct illness pattern” in 22 instances that suggested a possible link between SimplyThick and NEC. Seven deaths were cited; 14 infants required surgery.

Last September, after more adverse events were reported, the F.D.A. warned that the thickener should not be given to any infants. But the fact that SimplyThick was widely used at all in neonatal intensive care units has spawned a spate of lawsuits and raised questions about regulatory oversight of food additives for infants.

SimplyThick is made from xanthan gum, a widely-used food additive on the F.D.A.’s list of substances “generally recognized as safe.” SimplyThick is classified as a food and the F.D.A. did not assess it for safety.

John Holahan, president of SimplyThick, which is based in St. Louis, acknowledged that the company marketed the product to speech language pathologists who in turn recommended it to infants. The patent touted its effectiveness in breast milk.

However, Mr. Holahan said, “There was no need to conduct studies, as the use of thickeners overall was already well established. In addition, the safety of xanthan gum was already well established.”

Since 2001, SimplyThick has been widely used by adults with swallowing difficulties. A liquid thickened to about the consistency of honey allows the drinker more time to close his airway and prevent aspiration.

Doctors in newborn intensive care units often ask non-physician colleagues like speech pathologists to determine whether an infant has a swallowing problem. And those auxiliary feeding specialists often recommended SimplyThick for neonates with swallowing troubles or acid reflux.

The thickener became popular because it was easy to mix, could be used with breast milk, and maintained its consistency, unlike alternatives like rice cereal.

“It was word of mouth, then neonatologists got used to using it. It became adopted,” said Dr. Steven Abrams, a neonatologist at Texas Children’s Hospital in Houston. “At any given time, several babies in our nursery — and in any neonatal unit — would be on it.”

But in early 2011, Dr. Benson Silverman, the director of the F.D.A.’s infant formula section, was alerted to an online forum where doctors had reported 15 cases of NEC among infants given SimplyThick. The agency issued its first warning about its use in babies that May. “We can only do something with the information we are provided with,” he said. “If information is not provided, how would we know?”

Most infants who took SimplyThick did not fall ill, and NEC is not uncommon in premature infants. But most who develop NEC do so while still in the hospital. Some premature infants given SimplyThick developed NEC later than usual, a few after they went home, a pattern the F.D.A. found unusually worrisome.

Even now it is not known how the thickener might have contributed to the infant deaths. One possibility is that xanthan gum itself is not suitable for the fragile digestive systems of newborns. The intestines of premature babies are “much more likely to have bacterial overgrowth” than adults’, said Dr. Jeffrey Pietz, the chief of newborn medicine at Children’s Hospital Central California in Madera.

“You try not to put anything in a baby’s intestine that’s not natural.” If you do, he added, “you’ve got to have a good reason.”

A second possibility is that batches of the thickener were contaminated with harmful bacteria. In late May 2011, the F.D.A. inspected the plants that make SimplyThick and found violations at one in Stone Mountain, Ga., including a failure to “thermally process” the product to destroy bacteria of a “public health significance.”

The company, Thermo Pac, voluntarily withdrew certain batches. But it appears some children may have ingested potentially contaminated batches.

The parents of Jaden Santos, a preemie who died of NEC while on SimplyThick, still have unused packets of recalled lots, according to their lawyer, Joe Taraska.

The authors of the F.D.A. report theorized that the infants’ intestinal membranes could have been damaged by bacteria breaking down the xanthan gum into too many toxic byproducts.

Dr. Qing Yang, a neonatologist at Wake Forest University, is a co-author of a case series in the Journal of Perinatology about three premature infants who took SimplyThick, developed NEC and were treated. The paper speculates that NEC was “most likely caused by the stimulation of the immature gut by xanthan gum.”

Dr. Yang said she only belatedly realized “there’s a lack of data” on xanthan gum’s use in preemies. “The lesson I learned is not to be totally dependent on the speech pathologist.”

Julie Mueller’s daughter Addison was born full-term and given SimplyThick after a swallow test showed she was at risk of choking. It was recommended by a speech pathologist at the hospital.

Less than a month later, Addison was dead with multiple holes in her small intestine. “It was a nightmare,” said Ms. Mueller, who has filed a lawsuit against SimplyThick. “I was astounded how a hospital and manufacturer was gearing this toward newborns when they never had to prove it would be safe for them. Basically we just did a research trial for the manufacturer.”

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Deficit hits 5-year low, but cuts drag economy









WASHINGTON -- The federal deficit will drop to less than $1 trillion for the first time in five years, but massive spending cuts that have improved the budget outlook are also slowing the economy, according to a report released Tuesday by the Congressional Budget office.


The nonpartisan arbiter of federal budgets said the combination of new tax revenue from the "fiscal cliff" deal as well as looming cuts that kick in March 1 will push the deficit down to $845 billion for fiscal 2013. Deficits have topped $1 trillion in recent years.


The projections will fuel the coming budget debates, which started Tuesday as President Obama was calling on Congress to steer around the coming budget cuts.





The budget office said the cuts will contribute to an economy that lags in 2013. The unemployment rate likely will remain above 7.5% through the year. It predicted that the gross domestic product will be well below its potential, growing by just 1.4%, more than half a percentage point slower than would happen if the spending cuts were averted.


At the same time, the nation's debt load is expected to fluctuate but ultimately rise to record levels this decade, largely because of increased spending on healthcare and the federal safety net for older Americans with the aging of the baby boom population.


Additionally, the outlook shows how difficult it will be for House Republicans to accomplish their goal of balancing the budget in 10 years with potentially deep austerity measures.


Even though revenue is rising and spending is decreasing, the overall budget outlook remains stark. By the end of the decade, public debt is set to rise to 77% of GDP, a decade of highs on par with debt levels in World War II.


"The projected path of the federal budget remains a significant concern," the CBO wrote.


Follow Politics Now on Twitter and Facebook


Lisa.mascaro@latimes.com


Twitter: @LisaMascaroinDC





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Alabama hostage standoff ends with gunman dead, boy safe









MIDLAND CITY, Ala. -- A man who killed a school bus driver and then held a 5-year-old boy hostage in an underground bunker in rural Alabama for nearly a week was killed on Monday and the child was plucked to safety without injury, law enforcement officials said.

FBI agents entered the bunker to rescue the child after fearing that he was in “imminent danger,” said Steve Richardson, special agent in charge in Mobile.






Negotiations with the suspect, identified as 65-year-old Jimmy Lee Dykes, had deteriorated during the previous 24 hours, Richardson said during a televised news conference.

“Mr. Dykes was observed holding a gun,” the FBI agent said.

The rescue of the boy came on the seventh day of a standoff that drew national media coverage and gripped a rural corner of southeast Alabama with dread.

The drama began when Dykes, a retired trucker and veteran of the war in Vietnam, seized the kindergarten student last Tuesday after boarding a school bus and killing its driver with four shots from a 9 mm handgun, local sheriff's department officials said.

Dykes fled with the child, identified only as Ethan, to a homemade bunker on the man's property down a dirt road.

The child was being treated on Monday at a local hospital, but was physically unharmed, Richardson said. The boy is due to celebrate his birthday on Wednesday and, by all accounts, was taken by Dykes at random.

It was not immediately clear how Dykes died.

A local law enforcement source said a stun or flash grenade was detonated as part of the operation to free the boy, but further details were not immediately released.

The hostage-taking came amid heightened concerns about gun violence and school safety across the United States after the December shooting deaths of 20 children and six adults at a Connecticut elementary school.

Law enforcement officials had offered few insights about Dykes and their negotiations with him ahead of the rescue just after 3 p.m. local time.

Earlier on Monday, Dale County Sheriff Wally Olson said the gunman had a “very complex” story to tell.

“Based on our discussion with Mr. Dykes, he feels like he has a story that's important to him, although it's very complex. And we try to make a safe environment for all for that,” Olson said, without elaborating.

The sheriff's office previously had thanked Dykes for allowing them to deliver medication, coloring books and toys to the boy, who is said to suffer from Asperger's Syndrome and attention deficit-hyperactivity disorder.

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Live action: Twitter grabs Super Bowl spotlight






NEW YORK (AP) — Beyonce’s splashy show, a freak power outage, and —oh, yeah— a captivating game of football combined to generate a record 24.1 million posts on Twitter during Sunday night’s Super Bowl.


That’s up from 13.7 million last year — and that doesn’t even include chatter surrounding the ads.






Twitter said in a late Sunday blog post that about half of the more than 50 national TV spots that aired during the game included a “hashtag,” a word or phrase preceded by a number sign that’s used to organize subjects on the short messaging site. During last year’s game, only one in five ads included one. Brands ranging from Oreo to Tide and Budweiser, meanwhile, captured online buzz by linking the blackout to their brands in humorous tweets.


Super Bowl XLVII, like the London Summer Olympics and the U.S. presidential election, was yet another moment in which Twitter became the platform for millions of people to share quick reactions and participate in a massive, public conversation. Though it’s not as popular as Facebook Inc. or its buttoned-up cousin LinkedIn Corp., Twitter’s surging popularity during big events is a testament to its reach and utility. The question is whether these moments can translate into revenue for the 7-year-old company.


The company makes money by charging advertisers to promote individual tweets, accounts or trends designed to spark a conversation. Research firm eMarketer estimates that Twitter will book advertising revenue of $ 545.2 million this year, up 89 percent from 2012. Next year, worldwide ad revenue is expected to hit $ 807.5 million, a 48 percent increase from 2013.


Tweetable events such as the 34-minute Super Bowl power outage are ripe with marketing potential, provided that brands act quickly.


“It’s really clear right now that Twitter has a lock on real-time conversation on the Internet,” says eMarketer analyst Debra Aho Williamson.


To capitalize on this, Twitter has to show advertisers that it pays to promote their tweets — even though fans are likely to spread the catchiest slogans on their own, free of charge.


That’s what happened with a certain cream-filled cookie on Sunday.


It took Oreo’s marketers roughly 10 minutes after the power went out to tweet a picture of an Oreo cookie in the half-dark with the words: “You can still dunk in the dark.” As of Monday afternoon, the image had been shared on Twitter more than 15,000 times. Tide followed suit with the slogan “we can’t get your blackout. But we can get your stains out” with more limited success. The message was re-tweeted about 1,300 times. Calvin Klein, meanwhile, tweeted a video of a shirtless, chiseled male model doing crunches “since the lights are still out…”


Such “real-time marketing” is still in its infancy, but Williamson expects this to change, as more companies develop the ability to respond to events immediately.”


“To do what Oreo did actually takes a lot of pre-planning,” she says.


Laurie Guzzinati, spokeswoman for Oreo owner Mondelez says the power outage was a natural moment to engage consumers. The cookie’s TV ad had a planned social media component asking people to follow Oreo on Twitter and post photos on Instagram. The company had set up a “social media command center” that included people from Oreo’s brand team, the ad agency 360i and other partners whose job was to follow the Super Bowl and interact with fans on Facebook, Twitter and elsewhere.


Mondelez likely spent the going rate of as much as $ 4 million on its Super Bowl television spot. But Guzzinati says the company didn’t pay Twitter anything for the “dunk in the dark” picture. Still, Twitter says advertisers moved quickly following the outage.


Matt McGee, editor-in-chief of the blog Marketing Land, counted 26 Twitter mentions in the 52 national spots that aired during the game. Facebook, meanwhile, got only four shout-outs, while Google Plus walked away with zero (though Google Inc.’s YouTube scored one mention from Hyundai).


“When it comes to second-screen advertising, it’s Twitter’s world now and there’s no close second place,” McGee wrote in a blog post late Sunday night. “Last year, brands split their focus on Twitter and Facebook with eight mentions each. This year, brands recognize that Twitter is where they need to try to attract the online conversation around one of the world’s biggest events.”


David Berkowitz, vice president of emerging media at 360i, which worked on the Oreo campaign, says Twitter has done a good job tying itself into major television events.


“If you look at (Twitter’s) trending topics any day especially during prime time or major events, they’re heavily fueled by television,” he says. “So TV is responsible for Twitter’s growth in general.”


He thinks Twitter has done a better job than other social media sites like Tumblr and Pinterest in proving it’s the place to be when it comes to talking about big events online.


“A large part of it right now is just showing this is where the conversation is happening and building their brand around that,” he says. “Even with other very successful social media sites, no one is better at conversation than Twitter.”


__


AP Retail Writer Mae Anderson contributed to this story.


Social Media News Headlines – Yahoo! News





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Well: Gluten-Free for the Gluten Sensitive

Eat no wheat.

That is the core, draconian commandment of a gluten-free diet, a prohibition that excises wide swaths of American cuisine — cupcakes, pizza, bread and macaroni and cheese, to name a few things.

For the approximately one-in-a-hundred Americans who have a serious condition called celiac disease, that is an indisputably wise medical directive.


Kenneth Chang speaks about gluten.



Now medical experts largely agree that there is a condition related to gluten other than celiac. In 2011 a panel of celiac experts convened in Oslo and settled on a medical term for this malady: non-celiac gluten sensitivity.

What they still do not know: how many people have gluten sensitivity, what its long-term effects are, or even how to reliably identify it. Indeed, they do not really know what the illness is.

The definition is less a diagnosis than a description — someone who does not have celiac, but whose health improves on a gluten-free diet and worsens again if gluten is eaten. It could even be more than one illness.

“We have absolutely no clue at this point,” said Dr. Stefano Guandalini, medical director of the University of Chicago’s Celiac Disease Center.

Kristen Golden Testa could be one of the gluten-sensitive. Although she does not have celiac, she adopted a gluten-free diet last year. She says she has lost weight and her allergies have gone away. “It’s just so marked,” said Ms. Golden Testa, who is health program director in California for the Children’s Partnership, a national nonprofit advocacy group.

She did not consult a doctor before making the change, and she also does not know whether avoiding gluten has helped at all. “This is my speculation,” she said. She also gave up sugar at the same time and made an effort to eat more vegetables and nuts.

Many advocates of gluten-free diets warn that non-celiac gluten sensitivity is a wide, unseen epidemic undermining the health of millions of people. They believe that avoiding gluten — a composite of starch and proteins found in certain grassy grains like wheat, barley and rye — gives them added energy and alleviates chronic ills. Oats, while gluten-free, are also avoided, because they are often contaminated with gluten-containing grains.

Others see the popularity of gluten-free foods as just the latest fad, destined to fade like the Atkins diet and avoidance of carbohydrates a decade ago.

Indeed, Americans are buying billions of dollars of food labeled gluten-free each year. And celebrities like Miley Cyrus, the actress and singer, have urged fans to give up gluten. “The change in your skin, physical and mental health is amazing!” she posted on Twitter in April.

For celiac experts, the anti-gluten zeal is a dramatic turnaround; not many years ago, they were struggling to raise awareness among doctors that bread and pasta can make some people very sick. Now they are voicing caution, tamping down the wilder claims about gluten-free diets.

“It is not a healthier diet for those who don’t need it,” Dr. Guandalini said. These people “are following a fad, essentially.” He added, “And that’s my biased opinion.”

Nonetheless, Dr. Guandalini agrees that some people who do not have celiac receive a genuine health boost from a gluten-free diet. He just cannot say how many.

As with most nutrition controversies, most everyone agrees on the underlying facts. Wheat entered the human diet only about 10,000 years ago, with the advent of agriculture.

“For the previous 250,000 years, man had evolved without having this very strange protein in his gut,” Dr. Guandalini said. “And as a result, this is a really strange, different protein which the human intestine cannot fully digest. Many people did not adapt to these great environmental changes, so some adverse effects related to gluten ingestion developed around that time.”

The primary proteins in wheat gluten are glutenin and gliadin, and gliadin contains repeating patterns of amino acids that the human digestive system cannot break down. (Gluten is the only substance that contains these proteins.) People with celiac have one or two genetic mutations that somehow, when pieces of gliadin course through the gut, cause the immune system to attack the walls of the intestine in a case of mistaken identity. That, in turn, causes fingerlike structures called villi that absorb nutrients on the inside of the intestines to atrophy, and the intestines can become leaky, wreaking havoc. Symptoms, which vary widely among people with the disease, can include vomiting, chronic diarrhea or constipation and diminished growth rates in children.

The vast majority of people who have celiac do not know it. And not everyone who has the genetic mutations develops celiac.

What worries doctors is that the problem seems to be growing. After testing blood samples from a century ago, researchers discovered that the rate of celiac appears to be increasing. Why is another mystery. Some blame the wheat, as some varieties now grown contain higher levels of gluten, because gluten helps provide the springy inside and crusty outside desirable in bread. (Blame the artisanal bakers.)

There are also people who are allergic to wheat (not necessarily gluten), but until recently, most experts had thought that celiac and wheat allergy were the only problems caused by eating the grain.

For 99 out of 100 people who don’t have celiac — and those who don’t have a wheat allergy — the undigested gliadin fragments usually pass harmlessly through the gut, and the possible benefits of a gluten-free diet are nebulous, perhaps nonexistent for most. But not all.

Anecdotally, people like Ms. Golden Testa say that gluten-free diets have improved their health. Some people with diseases like irritable bowel syndrome and arthritis also report alleviation of their symptoms, and others are grasping at gluten as a source of a host of other conditions, though there is no scientific evidence to back most of the claims. Experts have been skeptical. It does not make obvious sense, for example, that someone would lose weight on a gluten-free diet. In fact, the opposite often happens for celiac patients as their malfunctioning intestines recover.

They also worried that people could end up eating less healthfully. A gluten-free muffin generally contains less fiber than a wheat-based one and still offers the same nutritional dangers — fat and sugar. Gluten-free foods are also less likely to be fortified with vitamins.

But those views have changed. Crucial in the evolving understanding of gluten were the findings, published in 2011, in The American Journal of Gastroenterology, of an experiment in Australia. In the double-blind study, people who suffered from irritable bowel syndrome, did not have celiac and were on a gluten-free diet were given bread and muffins to eat for up to six weeks. Some of them were given gluten-free baked goods; the others got muffins and bread with gluten. Thirty-four patients completed the study. Those who ate gluten reported they felt significantly worse.

That influenced many experts to acknowledge that the disease was not just in the heads of patients. “It’s not just a placebo effect,” said Dr. Marios Hadjivassiliou, a neurologist and celiac expert at the University of Sheffield in England.

Even though there was now convincing evidence that gluten sensitivity exists, that has not helped to establish what causes gluten sensitivity. The researchers of the Australian experiment noted, “No clues to the mechanism were elucidated.”

What is known is that gluten sensitivity does not correlate with the genetic mutations of celiac, so it appears to be something distinct from celiac.

How widespread gluten sensitivity may be is another point of controversy.

Dr. Thomas O’Bryan, a chiropractor turned anti-gluten crusader, said that when he tested his patients, 30 percent of them had antibodies targeting gliadin fragments in their blood. “If a person has a choice between eating wheat or not eating wheat,” he said, “then for most people, avoiding wheat would be ideal.”

Dr. O’Bryan has given himself a diagnosis of gluten sensitivity. “I had these blood sugar abnormalities and didn’t have a handle where they were coming from,” he said. He said a blood test showed gliadin antibodies, and he started avoiding gluten. “It took me a number of years to get completely gluten-free,” he said. “I’d still have a piece of pie once in a while. And I’d notice afterwards that I didn’t feel as good the next day or for two days. Subtle, nothing major, but I’d notice that.”

But Suzy Badaracco, president of Culinary Tides, Inc., a consulting firm, said fewer people these days were citing the benefits of gluten-free diets. She said a recent survey of people who bought gluten-free foods found that 35 percent said they thought gluten-free products were generally healthier, down from 46 percent in 2010. She predicted that the use of gluten-free products would decline.

Dr. Guandalini said finding out whether you are gluten sensitive is not as simple as Dr. O’Bryan’s antibody tests, because the tests only indicate the presence of the fragments in the blood, which can occur for a variety of reasons and do not necessarily indicate a chronic illness. For diagnosing gluten sensitivity, “There is no testing of the blood that can be helpful,” he said.

He also doubts that the occurrence of gluten sensitivity is nearly as high as Dr. O’Bryan asserts. “No more than 1 percent,” Dr. Guandalini said, although he agreed that at present all numbers were speculative.

He said his research group was working to identify biological tests that could determine gluten sensitivity. Some of the results are promising, he said, but they are too preliminary to discuss. Celiac experts urge people to not do what Ms. Golden Testa did — self-diagnose. Should they actually have celiac, tests to diagnose it become unreliable if one is not eating gluten. They also recommend visiting a doctor before starting on a gluten-free diet.



This post has been revised to reflect the following correction:

Correction: February 4, 2013

An earlier version of this article misspelled the surname of Thomas O'Bryan. It is O'Bryan, not O'Brien.

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S&P says US to sue over ratings









Standard & Poor's on Monday said it expects to be the target of a U.S. Department of Justice civil lawsuit over its ratings of mortgage bonds prior to the recent financial crisis.

The lawsuit against the McGraw-Hill Cos unit focuses on its ratings in 2007 of various U.S. collateralized debt obligations (CDO), S&P said.

It would be the first federal enforcement action against a credit rating agency over alleged illegal behavior tied to the financial crisis.

"A DOJ lawsuit would be entirely without factual or legal merit," S&P said in a statement. "The DOJ would be wrong in contending that S&P ratings were motivated by commercial considerations and not issued in good faith."

The Justice Department was not immediately available for comment.

Several state attorneys general are expected to join the case, The Wall Street Journal said, citing people familiar with the matter. The expected charges follow the breakdown of talks between the department and S&P, the newspaper said, citing the people.

In afternoon trading, McGraw-Hill shares were down $2.39, or 4.1 percent, at $55.95.

S&P and its main rivals, Moody's Corp's Moody's Investors Service and Fimalac SA's Fitch Ratings, have long faced criticism from investors, politicians and regulators for assigning high ratings to thousands of subprime and other mortgage securities that quickly turned sour.

The rating agencies are paid by issuers for ratings, a standard industry practice that has nonetheless raised concern about potential conflicts of interest.

In January 2011, the Financial Crisis Inquiry Commission called the agencies "essential cogs in the wheel of financial destruction" and "key enablers of the financial meltdown."

McGraw-Hill had acknowledged last July that the Justice Department and SEC were probing potential violations by S&P tied to its ratings of structured products, and that it was in talks to try to avert a lawsuit.

The New York-based company had previously disclosed an SEC probe into its ratings of a $1.6 billion CDO known as Delphinus CDO 2007-1. It was not immediately clear whether that CDO is a focus of the potential lawsuits.

Last July, Mizuho Financial Group Inc agreed to a $127.5 million settlement to resolve SEC allegations that a U.S. unit obtained false credit ratings for Delphinus.

In a variety of lawsuits brought by investors, S&P has maintained that its ratings constitute opinions protected by the 1st Amendment to the U.S. Constitution.

Last August, a Manhattan federal judge refused to dismiss one such case, brought by Abu Dhabi Commercial Bank, King County in Washington state, and other investors against S&P, Moody's and Morgan Stanley over losses in Cheyne, a structured investment vehicle.

Cheyne went bankrupt in August 2007. A trial is scheduled to begin on May 6, court records show.

In its statement, S&P said it "deeply regrets" how its CDO ratings failed to anticipate the fast-deteriorating mortgage market conditions, and that it has since spent $400 million to help bolster the quality of its ratings.

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Super Bowl: Ravens lead 7-0 in 1st









The Baltimore Ravens jumped out to a 7-0 lead in Super Bowl XLVII when Joe Flacco hit Anquan Boldin with a 13-yard touchdown in the first quarter.

It was Boldin's fourth touchdown of this year's postseason. He beat both linebacker NaVorro Bowman and safety Donte Whitner.






The 49ers went three-and-out on their first possession and were killed by an illegal formation penalty on the game's first play. It wiped out a 20-yard hook between quarterback Colin Kaepernick and tight end Vernon Davis.

The 49ers responded to the Ravens' early touchdown with a score of their own on their second drive, but had to settle for David Akers' 36-yard field goal to make it 7-3. The big play during the drive was Kaepernick's 24-yard pass to Davis. Frank Gore threw the key block to give Kaepernick time to throw. Davis apparently was injured on the play and got medical attention.

Before the field goal, Kaepernick missed Michael Crabtree in the end zone, then got sacked by Paul Kruger on third down.

Ravens safety Ed Reed (left knee) exited the field and went to locker room after the same play during which the 49ers' Davis got banged up. Davis hurt his elbow and is probably to return.

Inactives were announced 90 minutes before kickoff.

The Ravens' inactives: CB Asa Jackson, S Omar Brown, CB Chris Johnson, LB Adrian Hamilton, G/T Ramon Harewood, WR Deonte Thompson, DT Bryan Hall.

For the 49ers, QB Scott Tolzien, S Trenton Robinson, RB Jewel Hampton, LB Cam Johnson, DT Tony Jerod-Eddie, G Joe Looney and nose tackle Ian Williams.

-- 49ers kicker David Akers, who has been struggling since late in the regular season, hit the crossbar on a 60-yard field-goal attempt pregame kicking toward the Baltimore Ravens' endzone. Akers made a pair of 55-yarders and came up short on an earlier 60-yard attempt.

He missed another 60-yard try kicking toward the San Francisco 49ers' endzone.

-- Kaepernick is the fourth quarterback to start a Super Bowl in the same season in which he made his first career start.

The two previous quarterbacks in that position, Tom Brady and Kurt Warner, also won.

--Ravens players made $86,000 apiece in playoff earnings through the AFC championship game. The 49ers had made $64,000 -- San Francisco had a first-round bye, and played two games instead of three for the Ravens. The Super Bowl winner player share was $88,000, with $44,000 per player to the losing team.

-- The 49ers are 5-0 in the Super Bowl before Sunday. The Ravens, also undefeated, were 1-0.

The Ravens lead the all-time series with the 49ers 3-1 and have won the last three meetings

-- 49ers safety Donte Whitner and wide receiver Ted Ginn were also teammates at Cleveland's Glenville high School. Only once before have high school teammates won the Super Bowl; running back Dominic Rhodes and long-snapper Justin Snow did it as Colts teammates who won Super Bowl XLI. They were teammates at Cooper High School in Abilene, Texas.

Tribune News Services contributed



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BlackBerry Z10 Smartphone Already Going for $1,500 on eBay






The new BlackBerry Z10 smartphone won’t be out for weeks, but you can already get your hands on it via eBay for about $ 1,500.


BlackBerry — the company formerly known as Research In Motion (RIM) — announced the new smartphone at an event earlier this week and handed out samples to guests and members of the press in attendance. It didn’t take long for the Z10, which could potentially turn around the struggling company, to pop up on eBay.






[More from Mashable: BlackBerry’s Secret Weapon: Women]


One page notes “this particular device was given to all attendees of the Jan. 30, 2013 product launch.”


[More from Mashable: Don’t Hold Your Breath for More BlackBerry Tablets]


BlackBerry didn’t tell attendees what they can or can’t do with the device, which comes unlocked, according to the listing, and without a SIM card.


Four units are currently being sold on eBay, with bids starting at $ 800 and rising quickly. The auction for the one going for $ 1,500, which has eight bids so far, will end this afternoon.


Images by Mashable and via eBay, eBay


Click here to view the gallery: BlackBerry Z10 Review


This story originally published on Mashable here.


Gadgets News Headlines – Yahoo! News





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Country singer Gary Allan bests Grammy nominees for Billboard No. 1






LOS ANGELES (Reuters) – Country singer Gary Allan scored his first No. 1 album on the Billboard 200 chart on Wednesday, keeping Grammy-nominated favorites from the top spot.


Allan’s ninth studio album “Set You Free” sold 106,000 copies in its first week, according to figures from Nielsen SoundScan, garnering the singer his best sales week in his 17-year career.






The Billboard 200 is the album chart for all music genres.


Allan, 45, who is a staple within the country music scene, has notched three No. 1 albums in the Billboard country music chart.


The lead song from his new album “Every Storm (Runs Out of Rain)” started gaining chart popularity in September last year, and Allan’s label decided to push forward the release of the album from March of this year to January.


Allan told Reuters the song struck a chord among audiences with its message of hope. “This is a time when our country needs hope and I think that’s why it’s doing so well,” he said.


Allan’s album kept Grammy nominees The Lumineers at No. 2 with their debut self-titled record, which was released last April but has steadily been rising on the charts after the band picked up two Grammy nominations.


The official “2013 Grammy Nominees” compilation album, the only other new record in this week’s top 10, landed at No. 4 this week after selling 41,000 copies, coming behind the soundtrack for last year’s comedy “Pitch Perfect.”


Allan’s reign atop the Billboard 200 is likely to be short-lived, for Canadian pop phenomenon Justin Bieber’s latest album, “Believe Acoustic” is set to debut at the top next week, making Bieber the youngest artist to score five No. 1 albums.


On the Digital Songs chart, rapper Macklemore and Ryan Lewis’ “Thrift Shop” held onto the top spot for a third week, ahead of Taylor Swift’s “I Knew You Were Trouble” at No. 2 and Lil Wayne’s “Love Me” at No. 3.


Justin Timberlake’s “Suit & Tie,” his first new single in five years, dropped from No. 2 to No. 8 this week on the Digital Songs chart.


(Editing by Philip Barbara)


Music News Headlines – Yahoo! News





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