Judge says Apple likely violated SEC rules






Major Apple (AAPL) shareholder Greenlight Capital, headed by billionaire hedge-fund manager David Einhorn, recently sued the consumer electronics giant in an effort to limit the company’s ability to offer preferred stock. At the heart of its claims, Greenlight is arguing that combining three separate items into one proposition — one of which would change the way Apple’s board issues preferred stock — is a violation of SEC rules against “bundling.” On Tuesday evening, the judge presiding over the case said that he is inclined to agree.


[More from BGR: Do or die: Hands on with the HTC One]






“Candidly I do think the likelihood of success is in favor for Greenlight on the merits,” U.S. District Judge Richard Sullivan said during a hearing on Tuesday evening, Fortune reported.


[More from BGR: Google working with Visa, Mastercard, PayPal to cut off funding for alleged piracy sites]


The judge said a decision in the case will likely be made before Apple’s upcoming shareholders meeting on February 27th.


This article was originally published on BGR.com


Wireless News Headlines – Yahoo! News





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Downton Abbey Cast Covers One Direction's 'What Makes You Beautiful'















02/20/2013 at 09:45 AM EST



You don't know you're beautiful, Downton Abbey. But comedian Richard Sandling does!

Sandling is the brains behind a video mashup of the Crawley crew performing One Direction's "What Makes You Beautiful." Using footage from seasons 1 through 3 (and both Christmas specials), cast members of Downton lend their dramatic dialogue to the hit song.

And after Sunday's shocking season 3 finale, a little Downton humor is just what the Dowager Countess ordered.

Originally created for Richard Sandling's Perfect Movie, a monthly live show created by the comedian, the cast of Downton manages to utter every lyric – with one exception. Rather than crooning "the way that you flip your hair gets me overwhelmed," Lord Gratham and gang opts for "the way that you flip your hair gets me flabbergasted."

This isn't the first fun mashup Sandling has created – his website, That Awesome Movie Guy, also combined Mad Men with Rick Astley's "Never Gonna Give You Up" for a viral video that's reached over 1.2 million views.

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Hip implants a bit more likely to fail in women


CHICAGO (AP) — Hip replacements are slightly more likely to fail in women than in men, according to one of the largest studies of its kind in U.S. patients. The risk of the implants failing is low, but women were 29 percent more likely than men to need a repeat surgery within the first three years.


The message for women considering hip replacement surgery remains unclear. It's not known which models of hip implants perform best in women, even though women make up the majority of the more than 400,000 Americans who have full or partial hip replacements each year to ease the pain and loss of mobility caused by arthritis or injuries.


"This is the first step in what has to be a much longer-term research strategy to figure out why women have worse experiences," said Diana Zuckerman, president of the nonprofit National Research Center for Women & Families. "Research in this area could save billions of dollars" and prevent patients from experiencing the pain and inconvenience of surgeries to fix hip implants that go wrong.


Researchers looked at more than 35,000 surgeries at 46 hospitals in the Kaiser Permanente health system. The research, published Monday in JAMA Internal Medicine, was funded by the U.S. Food and Drug Administration.


After an average of three years, 2.3 percent of the women and 1.9 percent of the men had undergone revision surgery to fix a problem with the original hip replacement. Problems included instability, infection, broken bones and loosening.


"There is an increased risk of failure in women compared to men," said lead author Maria Inacio, an epidemiologist at Southern California Permanente Medical Group in San Diego. "This is still a very small number of failures."


Women tend to have smaller joints and bones than men, and so they tend to need smaller artificial hips. Devices with smaller femoral heads — the ball-shaped part of the ball-and-socket joint in an artificial hip — are more likely to dislocate and require a surgical repair.


That explained some, but not all, of the difference between women and men in the study. It's not clear what else may have contributed to the gap. Co-author Dr. Monti Khatod, an orthopedic surgeon in Los Angeles, speculated that one factor may be a greater loss of bone density in women.


The failure of metal-on-metal hips was almost twice as high for women than in men. The once-popular models were promoted by manufacturers as being more durable than standard plastic or ceramic joints, but several high-profile recalls have led to a decrease in their use in recent years.


"Don't be fooled by hype about a new hip product," said Zuckerman, who wrote an accompanying commentary in the medical journal. "I would not choose the latest, greatest hip implant if I were a woman patient. ... At least if it's been for sale for a few years, there's more evidence for how well it's working."


___


Online:


Journal: http://www.jamainternalmed.com


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Wall Street opens higher on M&A activity

(Reuters) - A Texas mother had a one-in-70-million kind of Valentine's Day this year when she gave birth to two sets of identical twin boys, a Houston hospital announced on Monday. The four brothers were delivered at 31 weeks to Tressa Montalvo, 36, via Cesarean section at The Woman's Hospital of Texas in Houston, according to a news release from the hospital. Tressa and Manuel Montalvo Jr. were not using any fertility drugs and had just hoped for a little brother or sister for their 2-year-old son, Memphis, according to the release. ...
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Venezuela's Maduro would win if Chavez goes: poll


CARACAS (Reuters) - Venezuelan Vice President Nicolas Maduro would comfortably win a presidential election should his boss Hugo Chavez's cancer force him out of power, according to an opinion poll.


The first survey on such a scenario, by local pollster Hinterlaces, gave Maduro a potential 50 percent of votes, compared to 36 percent for opposition leader Henrique Capriles.


Chavez returned to Venezuela on Monday after a long stay in Cuba to continue treatment at home for the disease that is jeopardizing his 14-year socialist rule of the South American OPEC nation.


He has named 50-year-old former bus driver and union activist Maduro as his preferred successor. But Capriles, 40, a center-left state governor who lost to Chavez in a presidential vote last year, would likely run again.


Chavez still has not said a word in public since his December 11 operation in Cuba, and Venezuelans were debating on Tuesday the various possible scenarios after his homecoming - from full recovery, to resignation, or even death from the cancer.


Should Chavez be forced out, Venezuela's constitution stipulates an election must be held within 30 days.


Capriles, who crossed swords with Hinterlaces at various points during the presidential election, again mocked its director, Oscar Schemel, as being biased against him.


"That man is not a pollster, he's on the government's payroll," Capriles told local TV.


"He said in December I would lose the Miranda governorship," he added, referring to his defeat of government heavyweight Elias Jaua, now foreign minister, in that local race.


Opinion surveys are notoriously controversial and divergent in Venezuela, with both sides routinely accusing pollsters of being in the pocket of the other.


Hinterlaces surveyed 1,230 people between January 30-February 9.


(Editing by Bill Trott)



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British author attacks “plastic” princess Kate






LONDON (Reuters) – One of Britain‘s most celebrated authors has launched a withering attack on the Duchess of Cambridge, the pregnant wife of Prince William, branding her a “shop-window mannequin” with a plastic smile whose only role in life is to breed.


Prime Minister David Cameron described award-winning writer Hilary Mantel as “misguided” after she likened the former Kate Middleton to a “machine made” doll, devoid of personality.






Her comments about the 31-year-old wife of William, second-in-line to the British throne, divided public opinion, with newspapers condemning Mantel as “venomous”, “cruel” and “staggeringly rude”.


Supporters said her words had been taken out of context from a long analysis of society’s centuries-old obsession with the appearance and fertility of royal wives that ended with a plea to “back off and not be brutes” to them.


“I saw Kate becoming a jointed doll on which certain rags are hung,” Mantel said in a lecture at the British Museum in London earlier this month in which she spoke about her changing view of the princess.


“She was a shop-window mannequin, with no personality of her own, entirely defined by what she wore. These days she is a mother-to-be, and draped in another set of threadbare attributions.”


Speaking during a visit to India, Cameron said Mantel was wrong and that people should do more to encourage a young royal who is a “fantastic ambassador for Britain”.


“She writes great books, but I think what she’s said about Kate Middleton is completely misguided and completely wrong,” Cameron told Sky News.


Mantel, who last year became the first Briton to twice win the Man Booker prize for fiction, referred to the princess’s severe morning sickness during the early stage of her pregnancy and said her role was to provide an heir.


“Once she gets over being sick, the press will find that she is radiant. They will find that this young woman’s life until now was nothing, her only point and purpose being to give birth,” Mantel said in the lecture organized by the London Review of Books on February 4. The literary magazine reprinted the lecture on its website this week.


‘UNCALLED FOR’


A smiling Duchess of Cambridge showed no sign of being affected by the row when she visited an addiction charity in London. Wearing a grey wrap dress, she crossed her hands over her small baby bump as she chatted to charity workers.


Well-wishers who waited in the late winter sunshine for a glimpse of her expressed sympathy.


“It’s totally uncalled for,” said Morag Hamilton, 36, from London. “It’s a shame – that’s what her life is going to become now.”.


Mantel, 60, is best known for her historical novel “Wolf Hall”, about the rise of blacksmith’s son Thomas Cromwell to the pinnacle of power in King Henry VIII’s court. Her follow-up “Bring Up the Bodies” recounted Anne Boleyn’s fall from grace after failing to give Henry a male heir.


In her lecture, Mantel said the Duchess of Cambridge was “selected for her role … because she was irreproachable”, contrasting her with the “emotional incontinence” of William’s late mother, Princess Diana.


“As painfully thin as anyone could wish, without quirks, without oddities, without the risk of the emergence of character. She appears precision-made, machine-made, so different from Diana,” Mantel said. The author’s agent and a royal spokeswoman declined to comment.


Reaction on Twitter suggested Mantel had split public opinion. Royal commentator Robert Jobson said the “venomous attack” was “unfair and publicity-seeking”. Others agreed with Mantel, saying she had elegantly articulated what many people had long thought about the royals.


The lecture looked at the public fascination with the “regal body”, examining the lives of royal women and the importance of providing an heir. Mantel compared their fate to caged pandas in captivity.


“Our current royal family doesn’t have the difficulties in breeding that pandas do, but pandas and royal persons alike are expensive to conserve and ill-adapted to any modern environment,” Mantel said. “But aren’t they interesting? Aren’t they nice to look at?”


(Additional reporting by Andrew Osborn in New Delhi; Editing by Guy Faulconbridge and Paul Casciato)


Internet News Headlines – Yahoo! News





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Michael Jackson's Son Prince Michael Works as TV Reporter






Only on People.com








02/19/2013 at 09:35 AM EST







From left: James Franco, Zach Braff and Prince Michael Jackson


Courtesy ET


Michael Jackson's son, Prince Michael, stepped into a world his late father knew well, becoming a special correspondent for Entertainment Tonight.

Mentored by the show's Brooke Anderson, the 16-year-old interviewed actors James Franco, Zach Braff and director Sam Raimi for their new film Oz the Great and Powerful for shows airing this week.

"We have a mutual connection, and I have been working to do something with him for a while," Anderson tells PEOPLE. "I thought interviewing the cast of Oz the Great and Powerful would be the perfect opportunity, because he's a fan of The Wizard of Oz, his dad was in The Wiz and he wants to get into directing, producing and acting one day."

So how were his reporting chops?

"He showed me up big time," Anderson says. "Ultimately, he didn't really need too much guidance. I gave him pointers, but he was a natural."

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Study: Better TV might improve kids' behavior


SEATTLE (AP) — Teaching parents to switch channels from violent shows to educational TV can improve preschoolers' behavior, even without getting them to watch less, a study found.


The results were modest and faded over time, but may hold promise for finding ways to help young children avoid aggressive, violent behavior, the study authors and other doctors said.


"It's not just about turning off the television. It's about changing the channel. What children watch is as important as how much they watch," said lead author Dr. Dimitri Christakis, a pediatrician and researcher at Seattle Children's Research Institute.


The research was to be published online Monday by the journal Pediatrics.


The study involved 565 Seattle parents, who periodically filled out TV-watching diaries and questionnaires measuring their child's behavior.


Half were coached for six months on getting their 3-to-5-year-old kids to watch shows like "Sesame Street" and "Dora the Explorer" rather than more violent programs like "Power Rangers." The results were compared with kids whose parents who got advice on healthy eating instead.


At six months, children in both groups showed improved behavior, but there was a little bit more improvement in the group that was coached on their TV watching.


By one year, there was no meaningful difference between the two groups overall. Low-income boys appeared to get the most short-term benefit.


"That's important because they are at the greatest risk, both for being perpetrators of aggression in real life, but also being victims of aggression," Christakis said.


The study has some flaws. The parents weren't told the purpose of the study, but the authors concede they probably figured it out and that might have affected the results.


Before the study, the children averaged about 1½ hours of TV, video and computer game watching a day, with violent content making up about a quarter of that time. By the end of the study, that increased by up to 10 minutes. Those in the TV coaching group increased their time with positive shows; the healthy eating group watched more violent TV.


Nancy Jensen, who took part with her now 6-year-old daughter, said the study was a wake-up call.


"I didn't realize how much Elizabeth was watching and how much she was watching on her own," she said.


Jensen said her daughter's behavior improved after making changes, and she continues to control what Elizabeth and her 2-year-old brother, Joe, watch. She also decided to replace most of Elizabeth's TV time with games, art and outdoor fun.


During a recent visit to their Seattle home, the children seemed more interested in playing with blocks and running around outside than watching TV.


Another researcher who was not involved in this study but also focuses his work on kids and television commended Christakis for taking a look at the influence of positive TV programs, instead of focusing on the impact of violent TV.


"I think it's fabulous that people are looking on the positive side. Because no one's going to stop watching TV, we have to have viable alternatives for kids," said Dr. Michael Rich, director of the Center on Media and Child Health at Children's Hospital Boston.


____


Online:


Pediatrics: http://www.pediatrics.org


___


Contact AP Writer Donna Blankinship through Twitter (at)dgblankinship


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Yen resumes fall after G20, earnings worries hit stocks

LONDON (Reuters) - The yen resumed falling on Monday after Japan signaled it would push ahead with expansionist monetary policies having escaped criticism from the world's 20 biggest economies at the weekend.


European shares and industrial metals dropped on lingering worries about the economic outlook, especially for the euro zone. The risk of an inconclusive outcome in Italian elections at the weekend also added to investor concerns.


However, activity was curtailed by the closure of markets in the United States for the Presidents' Day holiday.


The yen, which has dropped 20 percent against the dollar since mid-November, fell further after financial leaders from the G20 promised not to devalue their currencies to boost exports and avoided singling out Japan for any direct criticism.


"Future yen direction will continue to be driven by domestic monetary policy from the Bank of Japan and improving international investor confidence, which are both driving the yen weaker," said Lee Hardman, currency analyst at Bank of Tokyo-Mitsubishi UFJ.


Japan's prime minister Shinzo Abe seized the opportunity to keep pressure on the central bank to loosen policy, telling the Japanese parliament that buying foreign bonds could be among options the Bank of Japan could adopt.


The result was the dollar rising 0.5 percent to 93.98 yen, near a 33-month peak of 94.47 yen set a week ago. The euro rose 0.2 percent to 125.32 yen, roughly midway between Friday's two-week low of 122.90 and a 34-month high of 127.71 yen hit earlier this month.


Strategists said that while the yen was likely to stay weak, its decline could lose momentum as investors wait for more clarity on who will be taking the helm at the Bank of Japan when the current governor steps down on March 19.


"The big unknown is who will get appointed as the new BoJ governor, so it is difficult to put on massive positions beforehand," said Saeed Amen, currency strategist at Nomura.


Abe is poised to nominate the new governor in the coming days. Sources have told Reuters that former financial bureaucrat Toshiro Muto, considered likely to be less radical than other candidates, was leading the field.


Elsewhere in the currency market, sterling hit a seven-month low against the dollar, after a key policymaker made comments about the need for further weakness and recent poor data which has kept alive worries of another British recession.


Sterling fell 0.15 percent to $1.5492 having earlier touched $1.5438, its lowest since July 13.


DATA LOOMS


A big week for data on the outlook for the world's economy weighed on other riskier asset markets following the recent dire fourth-quarter growth numbers for the euro zone and Japan, along with Friday's soft U.S. manufacturing figures.


In European markets, attention is focused on the euro area Purchasing Managers' Indexes for February and German sentiment indices due later in the week. These could affect hopes for a recovery this year.


Analysts expect Thursday's euro area flash PMI indices, which offer pointers to economic activity around six months out, to show growth stabilizing across the recession-hit region, leaving hopes for a recovery in the second half of 2013 intact.


Concerns over an inconclusive outcome in the Italian elections on Sunday and Monday have added to the weaker sentiment as a fragmented parliament could hamper a future government's efforts to reform the struggling economy.


The worries about the outlook for Italy were encouraging investors back into safe-haven German government bonds on Monday, with 10-year Bund yields easing 3.6 basis points to be around 1.63 percent.


"Political uncertainty will keep Bunds well bid this week," ING rate strategist Alessandro Giansanti said, adding that only better than expected economic data could create selling pressure on German debt in the near term.


Italian 10-year yields were 7 basis points higher on the day at 4.44 percent.


EARNINGS HIT


European equity markets were taking their lead from corporate earnings reports which have been reflecting the sluggish economic conditions across the region.


Danish brewer Carlsberg , which generates just over 60 percent of its sales in western Europe, became the latest to report a weaker-than-expected quarterly profit, sending its shares to their lowest level in almost a month.


The 6.8-percent drop for shares in the world's fourth biggest brewery helped send the FTSEurofirst 300 index <.fteu3> of top European shares down 0.3 percent at midday. Germany's DAX <.gdaxi>, France's CAC-40 <.fchi> and UK FTSE-100 <.ftse> ranged between 0.1 percent up and 0.3 percent lower.


Earlier, the effect of the G20 statement and the comments from Abe indicating a renewed drive to stimulate the Japanese economy lifted the Nikkei stock index <.n225> by 2.1 percent, near to its highest level since September 2008.


MSCI's world equity index <.miwd00000pus> was flat as markets extended a two-week period of consolidation that has followed the big run-up in January, when demand was buoyed by the efforts of central banks to stimulate the world economy.


Data from EPFR Global, a U.S.-based firm that tracks the flows and allocations of funds globally, shows investors pulled $3.62 billion from U.S. stock funds in the latest week, the most in 10 weeks after taking a neutral stance the prior week.


But demand for emerging market equities remained strong, with investors putting $1.81 billion in new cash into stock funds, the fund-tracking firm said.


CHINA RETURN


In the commodity markets, traders played catch-up after a week-long holiday last week in China, the world's second biggest consumer of many raw materials, which had kept activity subdued, with worries about the economic outlook weighing on sentiment.


Copper, for which China is the world's largest consumer, dipped to a near three-week low of $8,127.50 a metric ton (1.1023 tons) on the London futures market. Benchmark tin and nickel also touched three-week lows.


Bargain hunters helped gold rise from a six-month low to be up 0.2 percent to $1,611.87 an ounce with jewelers in China returning to the physical market after the Lunar New Year holiday.


Crude oil markets were mostly steady after some weak U.S. industrial production data on Friday [ID:nL1N0BF44A] was seen dampening demand, while tensions in the Middle East lent some support.


"We continue to see a mixed picture out of the United States. Industry output was lower than expected but that shouldn't affect the general upward direction," Olivier Jakob, analyst at Geneva-based Petromatrix, said.


Brent crude was flat at $117.66 a barrel after posting its first weekly loss since the first half of January. U.S. crude slipped 19 cents to $95.67.U.S. crude.


(Additional reporting by Marius Zaharia and Ron Bousso. Editing by Philippa Fletcher)



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Time to refer Syrian war crimes to ICC, UN inquiry says


GENEVA (Reuters) - United Nations investigators said on Monday that Syrian leaders they had identified as suspected war criminals should face the International Criminal Court (ICC).


The investigators urged the U.N. Security Council to "act urgently to ensure accountability" for violations, including murder and torture, committed by both sides in a conflict that has killed an estimated 70,000 people since a revolt against President Bashar al-Assad began in March, 2011.


"Now really it's time...We have a permanent court, the International Criminal Court, who would be ready to take this case," Carla del Ponte, a former ICC chief prosecutor who joined the U.N. team in September, told a news briefing in Geneva.


The inquiry, led by Brazilian Paulo Pinheiro, is tracing the chain of command to establish criminal responsibility.


"Of course we were able to identify high-level perpetrators," del Ponte said, adding that these were people "in command responsibility...deciding, organizing, planning and aiding and abetting the commission of crimes".


She said it was urgent for the Hague-based war crimes tribunal to take up cases of very high officials, but did not identify them, in line with the inquiry's practice.


Del Ponte, who brought former Yugoslav President Slobodan Milosevic to the ICC on war crimes charges, said the ICC prosecutor would need to deepen the investigation on Syria before an indictment could be prepared.


Pinheiro, noting that the Security Council would have to refer Syria's case to the ICC, said: "We are in very close dialogue with all the five permanent members and with all the members of the Security Council, but we don't have the key that will open the path to cooperation inside the Security Council."


Karen Konig AbuZayd, an American member of the U.N. team, told Reuters it had information pointing to "people who have given instructions and are responsible for government policy, people who are in the leadership of the military, for example".


The inquiry's third list of suspects, building on lists drawn up in the past year, remains secret. It will be entrusted to U.N. High Commissioner for Human Rights, Navi Pillay, upon expiry of its mandate at the end of March, the report said.


Pinheiro said the investigators would not speak publicly about "numbers, names or levels" of suspects, adding that it was vital to pursue accountability for international crimes "to counter the pervasive sense of impunity" in Syria.


FIGHT AGAINST IMPUNITY


The investigators' latest report, covering the six months to mid-January, was based on 445 interviews conducted abroad with victims and witnesses, as they have not been allowed into Syria.


"The ICC is the appropriate institution for the fight against impunity in Syria. As an established, broadly supported structure, it could immediately initiate investigations against authors of serious crimes in Syria," the 131-page report said.


Pillay, a former ICC judge, said on Saturday Assad should be probed for war crimes, and called for outside action on Syria, including possible military intervention.


Government forces have carried out shelling and air strikes across Syria including Aleppo, Damascus, Deraa, Homs and Idlib, the U.N. report said, citing corroborating satellite images.


"In some incidents, such as in the assault on Harak, indiscriminate shelling was followed by ground operations during which government forces perpetrated mass killing," it said, referring to a town in the southern province of Deraa where residents told them that 500 civilians were killed in August.


"Government forces and affiliated militias have committed extra-judicial executions, breaching international human rights law. This conduct also constitutes the war crime of murder. Where murder was committed as part of a widespread or systematic attack against a civilian population, with knowledge of that attack, it is a crime against humanity," the U.N. report said.


Those forces have targeted bakery queues and funeral processions to spread "terror among the civilian population".


"Syrian armed forces have implemented a strategy that uses shelling and sniper fire to kill, maim, wound and terrorize the civilian inhabitants of areas that have fallen under anti-government armed group control," the report said.


Government forces had used cluster bombs, it said, but it found no credible evidence of either side using chemical arms.


Rebels fighting to topple Assad have also committed war crimes including murder, torture, hostage-taking and using children under age 15 in hostilities, the U.N. report said.


"They continue to endanger the civilian population by positioning military objectives inside civilian areas" and rebel snipers had caused "considerable civilian casualties", it said.


"The violations and abuses committed by anti-government armed groups did not, however, reach the intensity and scale of those committed by government forces and affiliated militia."


Foreign fighters, many of them from Libya, Tunisia, Saudi Arabia, Lebanon, Iraq and Egypt, have radicalized the rebels and helped detonate deadly improvised explosive devices, it said.


(Reporting by Stephanie Nebehay; Editing by Alistair Lyon)



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