Softbank to sell stake in eAccess to Samsung, others: source






TOKYO (Reuters) – Japan’s Softbank Corp is in final talks to sell its stake in eAccess Ltd, representing around 67 percent of voting rights, to Samsung Electronics Co and 10 others, a source with direct knowledge of the matter told Reuters.


The sale would ease concerns that Softbank could hold a monopoly on spectrum allocation designated by Japan’s Communications Ministry, the source said.






Softbank, which is awaiting regulatory approval to buy a 70 percent stake in No. 3 U.S. mobile carrier Sprint Nextel Corp , bought Japanese rival eAccess last October as it stepped up competition with its nearest competitor KDDI Corp .


Softbank turned eAccess into a wholly owned subsidiary on January 1 after a share exchange, using 220 billion yen ($ 2.47 billion) worth of its own shares.


After dividing eAccess shares into voting and non-voting shares, Softbank is considering reducing its ownership of eAccess voting rights to less than one-third, the source said.


Non-voting shares make up around 1 percent of overall shares. The sale of eAccess’ voting rights would total several billion yen.


Other than Samsung, likely buyers include Sweden’s LM Ericsson , Orix Corp , the source said, adding that the eAccess voting shares would be divided between companies into hundreds of millions of yen each.


Softbank said on Saturday the news was not announced by the company and that it continued to mull options regarding its share holdings.


The Nikkei business newspaper reported earlier on Saturday that Softbank was also considering selling the eAccess stake to Finland’s Nokia Siemens Networks and five Japanese leasing companies.


Softbank cutting its eAccess stake would allow the company to work around the Communications Ministry’s policy on spectrum allocation to telecom service providers and avoid suggestions of any monopoly, but still allow Softbank or eAccess to seek spectrum.


Under the policy, either a parent company, or one of its units in which it owns more than 33 percent, can apply for an allocation of spectrum.


Softbank will remain the top shareholder in eAccess but lose veto power after the sale, which is expected to close by end January and raise several billion yen, the Nikkei daily said.


(Additional reporting by Sagarika Jaisinghani in Bangalore, Writing by Mari Saito; Editing by Michael Perry)


Tech News Headlines – Yahoo! News





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Obama won't support building 'Death Star'


WASHINGTON (AP) — A "Death Star" won't be a part of the U.S. military's arsenal any time soon.


More than 34,000 people have signed an online petition calling on the Obama administration to build the "Star Wars" inspired super-weapon to spur job growth and bolster national defense.


But in a posting Friday on the White House website, Paul Shawcross, an administration adviser on science and space, says a Death Star would cost too much to build — an estimated $850 quadrillion — at a time the White House is working to reduce the federal budget.


Besides, Shawcross says, the Obama administration "does not support blowing up planets."


The U.S., Shawcross points out, is already involved in several out-of-this-world projects, including the International Space Station, which is currently orbiting Earth with a half-dozen astronauts.


___


Online:


White House response to petition: http://tinyurl.com/asd565g


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Former Lab Technician Denies Faulty DNA Work in Rape Cases





A former New York City laboratory technician whose work on rape cases is now being scrutinized for serious mistakes said on Friday that she had been unaware there were problems in her work and, disputing an earlier report, denied she had resigned under pressure.




The former lab technician, Serrita Mitchell, said any problems must have been someone else’s.


“My work?” Ms. Mitchell said. “No, no, no, not my work.”


Earlier, the city medical examiner’s office, where Ms. Mitchell said she was employed from 2000 to 2011, said it was reviewing 843 rape cases handled by a lab technician who might have missed critical evidence.


So far, it has finished looking over about half the cases, and found 26 in which the technician had missed biological evidence and 19 in which evidence was commingled with evidence from other cases. In seven cases where evidence was missed, the medical examiner’s office was able to extract a DNA profile, raising the possibility that detectives could have caught some suspects sooner.


The office declined to identify the technician. Documents said she quit in November 2011 after the office moved to fire her, once supervisors had begun to discover deficiencies in her work. A city official who declined to be identified said Ms. Mitchell was the technician.


However, Ms. Mitchell, reached at her home in the Bronx on Friday, said she had never been told there were problems. “It couldn’t be me because your work gets checked,” she said. “You have supervisors.”


She also said that she had resigned because of a rotator cuff injury that impeded her movement. “I loved the job so much that I stayed a little longer,” she said, explaining that she had not expected to stay with the medical examiner’s office so long. “Then it was time to leave.”


Also on Friday, the Legal Aid Society, which provides criminal defense lawyers for most of the city’s poor defendants, said it was demanding that the city turn over information about the cases under review.


If needed, Legal Aid will sue the city to gain access to identifying information about the cases, its chief lawyer, Steven Banks, said, noting that New York was one of only 14 states that did not require routine disclosure of criminal evidence before trial.


Disclosure of the faulty examination of the evidence is prompting questions about outside review of the medical examiner’s office. The City Council on Friday announced plans for an emergency oversight committee, and its members spoke with outrage about the likelihood that missed semen stains and “false negatives” might have enabled rapists to go unpunished.


“The mishandling of rape cases is making double victims of women who have already suffered an indescribably horrific event,” said Christine C. Quinn, the Council speaker.


A few more details emerged Friday about a 2001 case involving the rape of a minor in Brooklyn, in which the technician missed biological evidence, the review found. The victim accused an 18-year-old acquaintance of forcing himself on her, and he was questioned by the police but not charged, according to a law enforcement official.


Unrelated to the rape, he pleaded guilty in 2005 to third-degree robbery and served two years in prison. The DNA sample he gave in the robbery case was matched with the one belatedly developed from evidence the technician had overlooked in the 2001 rape, law enforcement officials said. He was recently indicted in the 2001 rape.


Especially alarming to defense lawyers was the possibility that DNA samples were cross-contaminated and led to false convictions, or could do so in the future.


“Up to this point,” Mr. Banks said, “they have not made information available to us, as the primary defender in New York City, to determine whether there’s an injustice that’s been done in past cases, pending cases, or allowing us to be on the lookout in future cases.” He added, “If it could happen with one analyst, how does anyone know that it stops there?”


The medical examiner’s office has said that the risk of cross-contamination was extremely low and that it does not appear that anyone was wrongly convicted in the cases that have been reviewed so far. And officials in at least two of the city’s district attorneys’ offices — for Brooklyn and Manhattan — said they had not found any erroneous convictions.


But Mr. Banks said the authorities needed to do more, and that their statements thus far were the equivalent of “trust us.”


“Given what’s happened,” he said, “that’s cold comfort.”


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Simple, solid strategies for investing money









Investing has been a massive exercise in frustration for millions of Americans over the last decade or so.


Two market crashes in 12 years drove many people away from equities. Now key U.S. stock market indexes are at or near record highs again, after a strong 2012 rally that has spilled into 2013.


The average domestic stock mutual fund rose 15% last year, the third annual gain in four years. Meanwhile, the hunger for perceived safety has driven interest rates on bonds and other fixed-income securities to record lows. It's a backdrop that seems to cry out for a complex, headache-inducing game plan.





But in fact, the best strategy for many people may be just the opposite: Focus on the basics. Mainly, keep sight of the things you can control to reduce your mental stress and improve your odds of long-term success.


Here are four strategies for keeping it simple:


Keep it balanced. You say you can't decide how to build and maintain a diversified portfolio? Then don't bother. Let someone else do it for you. That's the beauty of "balanced" mutual funds — portfolios that always own a mix of stocks and bonds.


A balanced or "allocation" fund is the simple, elegant solution for people who know they want to be in financial markets for the long haul but don't have the time or interest to devote to closely managing their nest eggs.


The basic idea is that the stock portion of a balanced fund provides long-term growth while the less-volatile bond portion provides regular interest income and a buffer against any plunge in stock prices. A typical mix is 60% big-name stocks, 40% bonds, but the mix varies depending on whether a fund follows a conservative, moderate or aggressive strategy.


Here's how it works in practice: In the 10 years ended Dec. 31, the average moderate-mix balanced fund gained 6.4% a year, according to investment research firm Morningstar Inc. That was only modestly less than the 7.1% average annual gain in the Standard & Poor's 500 stock index in that period.


But the balanced fund's return came with a lot less volatility, including much smaller losses than in the overall stock market in down years.


You could create a balanced portfolio of individual stock funds and bond funds on your own. But if your goal is to maintain a specific percentage of your portfolio in each type of asset, you'd need the discipline to "rebalance" each year by selling some portion of the funds that have done best and channeling that money into the funds that have performed worst.


"Buy low, sell high" always sounds easy, but psychologically it's very difficult. "What you're asking investors to do is really against their human intuition," said Fran Kinniry, a principal at Vanguard Group's investment strategy unit in Valley Forge, Pa.


A balanced fund makes that decision for you. And it keeps you in the stock market in periods when your instinct might be to flee — such as after the 2008 crash.


There are two types of balanced funds in most 401(k) retirement savings programs. One is the conventional balanced fund, including such hugely popular offerings as the Vanguard Wellington fund and American Balanced fund. These funds generally keep the stock-versus-bond ratios in a specific range, depending on where the manager believes there is better value.


The other type is the target-date retirement fund. You pick a target-date fund based on your expected retirement year, and the portfolio is automatically adjusted over time to gradually lower its stock assets and raise its bond assets. The goal is to lower the portfolio's risk and volatility as you age.


Lately, some investors may be worried less about the stock portion of their balanced fund than the bond portion. With bond yields at or near historic lows, a jump in market interest rates could devalue bonds.


That may happen eventually. But calling the turn is no easy feat.


"Just because the level of interest rates is low doesn't tell you about the direction of rates," Kinniry said. "Japan has had low rates for 25 years."


And if stocks pull back soon, high-quality bonds would be a logical refuge.


Get on the right side of the tax man, and stay there. This is the true no-brainer. Shelter as much wealth as you can from current taxes, allowing your nest egg to compound over time.





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Restored funding for prescription drug-monitoring program urged









California Atty. Gen. Kamala D. Harris on Thursday called on Gov. Jerry Brown to restore funding to a prescription drug-monitoring program that health experts say is key to combating drug abuse and overdose deaths in the state.


Harris' appeal to restore funding to CURES, as it is known, follows an article in The Times last month that reported that the system, once heralded as an invaluable tool, had been severely undermined by budget cuts and was not being used to its full potential.


The CURES database contains detailed information on prescription narcotics, including the names of patients, the doctors prescribing the drugs and the pharmacies that dispense them. The system was designed to help physicians detect "doctor-shopping" patients who dupe multiple physicians into prescribing drugs such as OxyContin, Vicodin and Xanax.








Harris' request followed Brown's unveiling of a proposed $97.7-billion budget, which projects a surplus — a feat that has been accomplished only one time in the last decade. With California's fiscal condition improving, Harris said it was up to the state to make sure the money was "spent wisely."


"This includes smart investments that benefit Californians, such as restoring funding for the state's prescription drug-monitoring program," she said in a statement.


Brown's office had no comment.


The governor's budget does increase Harris' Department of Justice general fund allocation by 4.5% to $174.3 million, but it does not earmark money for CURES. Harris could seek legislative authority to spend some of her budget on the program.


"We are going to have a discussion on the funding and where the money will come from," said Lynda Gledhill, a spokeswoman for Harris.


CURES is the nation's oldest and largest prescription drug-monitoring program and once served as a model for other states. Today, it has fallen behind similar programs elsewhere. CURES data could be used to monitor physicians whose prescribing puts patients at risk. But it is not.


The U.S. Centers for Disease Control recommends that states use such data to keep tabs on doctors, and at least half a dozen states do so.


As part of spending cuts aimed at maintaining the state's solvency amid a deep recession, Brown gutted the Bureau of Narcotics Enforcement, which ran CURES, in 2011, shortly after Harris succeeded him as attorney general. Harris kept the program alive with about $400,000 in revenue from the Medical Board of California and other licensing boards. But it is down to one employee and has no enforcement capacity.


State officials have estimated it would cost about $2.8 million to make CURES more accessible and easier to use, and $1.6 million more per year to keep it running. However, officials say the program — with little or no additional financial resources — could now be used to identify potentially rogue doctors.


Bob Pack, an Internet entrepreneur, has advocated using CURES more vigorously to track reckless physicians and pharmacies as well as doctor-shopping patients. He became active on the issue after a driver high on painkillers and alcohol struck and killed his two young children in the Bay Area suburb of Danville in 2003.


Pack, who helped design an online portal to give physicians and pharmacists immediate access to CURES, said he was happy to see Harris ask Brown to restore funds for the program.


"But that's only a request," he said. "No one knows if that's really going to happen. Meanwhile, doctors are continuing to over-prescribe and thousands of Californians are dying from prescription drug overdoses. I hope this … has some bite to it."


An aide to Harris said restoring the CURES program is a high priority.


"She's committed to fixing the database and making it as strong as possible," said Travis LeBlanc, special assistant attorney general. "When we have limited resources and in a budget crunch, we need to focus our resources and use it in smart, efficient ways, and [CURES] is one of those," he said.


lisa.girion@latimes.com


scott.glover@latimes.com


Times staff writer Hailey Branson-Potts contributed to this report.





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Holiday sales of PCs slide for first time in five years: IDC






SEATTLE (Reuters) – Holiday season sales of personal computers fell for the first time in more than five years, according to tech industry tracker IDC, as Microsoft Corp’s new Windows 8 operating system failed to excite buyers and many opted for tablet devices and powerful smartphones instead of PCs.


PC makers such as Hewlett-Packard Co, Lenovo Group and Dell Inc sold 89.8 million PCs worldwide in the fourth quarter of last year, down 6.4 percent from the same quarter of 2011. That was slightly worse than expected by most.






For all of 2012, 352 million PCs were sold, down 3.2 percent from 2011. That was the first annual decline since 2001, according to IDC. (Reporting By Bill Rigby; Editing by Gary Hill)


Tech News Headlines – Yahoo! News





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Spielberg's in at Oscars, Bigelow, Affleck are out


BEVERLY HILLS, Calif. (AP) — Steven Spielberg had a great day at the Academy Awards nominations, where his Civil War saga "Lincoln" led with 12 nominations.


It was not so great for Kathryn Bigelow, Tom Hooper and Ben Affleck, whose films did well but surprised — dare we say shocked? — Hollywood by failing to score directing nominations for the three filmmakers.


"I just think they made a mistake," said Alan Arkin, a supporting-actor nominee for Affleck's Iran hostage-crisis tale "Argo."


"Lincoln," ''Argo," Bigelow's Osama bin Laden manhunt thriller and Hooper's Victor Hugo musical "Les Miserables" landed among the nine best-picture contenders Thursday.


Also nominated for the top honor were the old-age love story "Amour"; the independent hit "Beasts of the Southern Wild"; the slave-revenge narrative "Django Unchained"; the shipwreck story "Life of Pi"; and the lost-souls romance "Silver Linings Playbook."


A mostly predictable bunch. But it's baffling how Bigelow — the first woman to earn the directing Oscar for her 2009 best-picture winner "The Hurt Locker" — missed out on a nomination for one of last year's most-acclaimed films.


"Yes, it was a surprise," Spielberg said of Bigelow. "But I've been surprised myself through the years, so I know what it feels like."


Spielberg was snubbed for a directing slot on 1985's "The Color Purple," which earned 11 nominations, including best picture. He also was overlooked for director on 1975's "Jaws," another best-picture nominee.


"I never question the choices the academy branches make, because I've been in the same place that Kathryn and Ben find themselves today," said Spielberg, who finally got his Oscar respect in the 1990s with best-picture and director wins for "Schindler's List" and another directing trophy for "Saving Private Ryan." ''I'm grateful if I'm nominated, and I've never felt anything other than gratitude even when I'm not — gratitude for at least having been able to make the movie. So I never question the choices."


Especially this time, when "Lincoln" has positioned itself as the film to beat at the Feb. 24 Oscars. Its nominations include best actor for Daniel Day-Lewis for his monumental performance as Abraham Lincoln, supporting actress for Sally Field as Mary Todd Lincoln and supporting actor for Tommy Lee Jones as abolitionist firebrand Thaddeus Stevens.


Oscar directing contenders usually are identical or at least line up closely with those for the Directors Guild of America Awards. But only Spielberg and "Life of Pi" director Ang Lee made both lists this time.


The Directors Guild also nominated Affleck, Bigelow and Hooper, but the Oscars handed its other three slots to David O. Russell for "Silver Linings Playbook" and two real longshots: veteran Austrian filmmaker Michael Haneke for "Amour" and newcomer Benh Zeitlin, who made his feature debut with "Beasts of the Southern Wild."


Zeitlin, whose low-budget, dream-like film about a wild child in Louisiana's flooded backwoods won the top honor at last year's Sundance Film Festival, said he never expected to be competing "alongside the greatest filmmakers alive."


"I'm completely freaking out," Zeitlin said. "Those guys taught me how to make films. The VHS pile that was on the VCR when I was born was past Spielberg movies, and that's why I started wanting to do this, was watching them thousands and thousands of times."


Other nominees were caught off guard over how the category shook out.


"I would be lying if I didn't say I was surprised," Russell, a past nominee for "The Fighter," said about Bigelow.


Lee, who won the directing Oscar for "Brokeback Mountain," agreed that there were surprises — but pleasant ones, particularly for Zeitlin's inclusion.


"Newcomers, veterans, a European," Lee said. "It's great company, and it's an honor to line up with them, and encouraging because there is a newcomer."


Colleagues of snubbed filmmakers were not so happy.


"That put a damper on my enthusiasm," ''Argo" co-star Arkin said of Affleck, an A-lister who's arguably proving himself a better director than actor. "I thought his work was the work of an old master, not somebody with just two films under his belt. I thought it was an extraordinary piece of directing."


"I would have loved him to have been recognized in this," Hugh Jackman, a best-actor nominee as Hugo's tragic hero Jean Valjean for "Les Miserables," said of director Hooper. "But no one will be able to take away the achievement, nor really that the eight nominations that 'Les Miz' has are more shared with him than with anyone."


Composer Alexandre Desplat, who wrote the music for "Zero Dark Thirty" and "Argo" and earned a best-score nomination for the latter, said he was puzzled over Affleck and Bigelow's exclusion.


"I think they both deserved to be nominated," Desplat said. "Unfortunately, I don't decide."


"Zero Dark Thirty" has had backlash in Washington, where some lawmakers say it falsely suggests that torture produced a tip that led the U.S. military to Bin Laden. It's hard to imagine that affecting the film's Oscar nominations, though, given Hollywood's history of playing loose with facts in depicting true-life stories.


The academy's directing snubs virtually take "Argo," ''Les Miserables" and "Zero Dark Thirty" out of the best-picture race, since a movie almost never wins the top prize if the filmmaker is not nominated. It can happen — 1989's "Driving Miss Daisy" did it — but a directing nomination usually goes hand-in-hand with a best-picture win.


The nominations held other surprises. "Amour" won the top prize at last May's Cannes Film Festival but mainly was considered a favorite for the foreign-language Oscar. It wound up with five nominations, the same number as "Zero Dark Thirty," which came in with expectations of emerging as a top contender.


Along with best-picture, director and foreign-language film, "Amour" picked up nominations for Haneke's screenplay and best actress for Emmanuelle Riva as an ailing, elderly woman tended by her husband.


"It's the last stage of my life, so this nomination is a gift to me, a dream I could never had imagined," Riva said. "Michael's talent is to make the film real. ... That's why it touched the world. We are all little, fragile people on this earth, sometimes nasty, sometimes generous."


Riva is part of a multi-generational spread: At 85, Riva is the oldest best-actress nominee ever, while 9-year-old Quvenzhane Wallis is the youngest ever for her role as the spirited bayou girl in "Beasts of the Southern Wild."


Spielberg matched his personal Oscar best as "Lincoln" tied the 12 nominations that "Schindler's List" received.


Two of Spielberg's stars could join the Oscar super-elite. Both Day-Lewis and Field have won two Oscars already. A third would put them in rare company with previous triple winners Ingrid Bergman, Walter Brennan, Jack Nicholson and Meryl Streep. Katharine Hepburn holds the record with four acting Oscars.


A best-picture win would be Spielberg's second, while another directing win would be his third, a feat achieved only by Frank Capra and William Wyler, who each earned three directing Oscars, and John Ford, who received four.


"Lincoln" also was the ninth best-picture nominee Spielberg has directed, moving him into a tie for second-place with Ford. Only Wyler directed more best-picture nominees, with 13.


"I think Steven is a full-fledged genius. I think he has transformed the motion-picture industry more than once, and he's constantly pushing the envelope and changing," Field said. "He stands alone. And he has the most profound respect, and he's a scholar of John Ford and William Wyler and many others. ... He's a scholar of all of this because he's so endlessly curious."


___


AP entertainment writers Christy Lemire, Sandy Cohen, Anthony McCartney and Derrik Lang in Los Angeles and AP writers Jill Lawless in London and Thomas Adamson in Paris contributed to this report.


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Parental Consent Rule May Proceed for a Circumcision Ritual, a Judge Says





New York City health officials may proceed temporarily with a plan to require parental consent before an infant may undergo a particular Jewish circumcision ritual, a federal judge ruled Thursday.




City officials say 12 cases of herpes simplex virus have likely resulted from the procedure, known as metzitzah b’peh, since 2000, including one Brooklyn case reported this week. Two infants died, and two suffered permanent brain damage. Most Jews no longer practice metzitzah b’peh, in which the circumciser uses his mouth to suck blood from the wound, but it remains common among some ultra-Orthodox communities.


Citing the risk of infection, health officials in September introduced a regulation that would require parents to provide written consent stating that they were aware of the health risks.


But the Central Rabbinical Congress of the United States and Canada, Agudath Israel of America, and the International Bris Association sued in October to stop the rule from taking effect, calling it an infringement of their constitutional rights. They also denied the procedure posed a risk and asked a federal court to put the rule on hold while the litigation proceeded.


In denying the request for a preliminary injunction, Judge Naomi Reice Buchwald of the United States District Court for the Southern District wrote that the risks were clear.


“In light of the quality of the evidence presented in support of the regulation, we conclude that a continued injunction against enforcement of the regulation would not serve the public interest,” she wrote.


City lawyers said they were gratified by the ruling, but Andrew Moesel, a spokesman for the plaintiffs, said the groups would appeal. “We continue to believe that this case is a wrongful and unnecessary intrusion into the rights of freedom of religion and speech,” he said.


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Herbalife fires back at hedge fund giant









Herbalife Chief Executive Michael Johnson was tired of a powerful hedge fund manager bad-mouthing his company.


So he put on a show Thursday before hundreds of investors at the Four Seasons hotel in Manhattan, rebutting claims that the Los Angeles nutritional supplement company is a pyramid scheme. The presentation accused hedge fund giant Bill Ackman of lies and snobbery, compared Herbalife to the Girl Scouts and featured the company's president entreating that "the world needs more hugs."


Who says Wall Street is more boring these days?





The company's two-hour defense of itself is the latest in a battle since Ackman's Pershing Square Capital Management labeled Herbalife as "the best-managed pyramid scheme in the history of the world," during a similar presentation he made late last month. The outspoken fund manager has made a $1-billion bet that the stock would plunge in value.


"Just the very nature of the 'battle' has never been seen in the history of the Earth," said Tim Ramey, an analyst with D.A. Davidson and Co. "This was a very, very orchestrated attack."


Herbalife has hired a battalion of researchers to prove that it has a legitimate and stable business model. Executives held back no punches Thursday before a crowd of investors and analysts, labeling Ackman an elitist who made "false statements," "distortions" and "misrepresentations" about Herbalife and vowing to use "every means available to protect our reputation."


"In recent weeks, there's been a tremendous amount of misinformation about Herbalife," Johnson said. "This misinformation has found its way into the marketplace. Therefore we are sitting with you to correct some of this today."


In addition to outside experts brought in to bolster Herbalife's claims, company executives went through Pershing's presentation last month, disputing individual slides.


To the complaint that Herbalife is not focused on its products, Chief Operating Officer Rich Goudis showed figures indicating that the company spends millions on research and development.


To a Pershing slide that accused Herbalife of having a small distribution network, the company countered with a map of more than 300 company-run distribution points and showing its expansion in Indonesia and South Korea.


To a Pershing slide showing Herbalife products as more expensive than competitors' per 200-calorie servings, the company offered its own slide that compared the prices of the products per unit and showed costs in line with those of its competitors.


"Pershing intentionally used a misleading metric," Goudis said. "They did this to knowingly create a false impression."


They paraded out experts.


Kim Rory, representing Lieberman Research Worldwide, said distributors she surveyed had joined Herbalife because they wanted to get a discount on the products for personal use. Few signed up because they thought they'd make a large amount of money, and about two-thirds would recommend being a distributor to friends, she said.


Anne Coughlan, a professor at the Kellogg School of Management, defended Herbalife's marketing structure and disputed the allegation that it is a pyramid scheme.


"I didn't even see a scintilla of evidence that would suggest to me any hint that this company is running anything but a legitimate multi-level marketing program," she said.


Perhaps the most personal attacks came from Herbalife President Des Walsh, who said he was "highly offended" by Ackman's portrayal of Herbalife's nutrition clubs and defended the company for bringing nutritional products to poor neighborhoods.


After showing a video featuring happy distributors in crowded nutrition clubs, Walsh suggested that Ackman was out of touch with real America.


"This doesn't look like a country club in Westchester, Connecticut, but let me tell you, inside this club is real America," he said. (Earlier in the presentation, Walsh explained that people come to the club for a hug, adding, "the world needs more hugs.")


His comments echo a note sent out last week by D.A. Davidson analyst Ramey, who has a "buy" rating on Herbalife.


"Perhaps where Mr. Ackman lives he never sees a car with the 'Lose weight, ask me how' message across the rear window," he wrote. "I can tell Mr. Ackman that in my hometown, which is not quite Chappaqua, Herbalife is an iconic and widely recognized brand."


Ackman responded quickly Thursday, saying that Herbalife's presentation "distorted, mischaracterized and outright ignored large portions of our presentation," and that he had been contacted by people who provided more information into Herbalife's business practices, which he will soon reveal.


The unusual fight on Wall Street ramped up in December, when Ackman laid out his case against Herbalife in a three-hour, 200-plus slide presentation. He questioned whether the company was focused on recruiting new distributors, who pay to join the company, instead of on selling products. His announcement sent the company's stock down 36% and turned heads when analysts heard he'd sold short 20 million Herbalife shares.


Ackman's biggest beef with Herbalife focused on its so-called multi-level marketing model, which he said led to only those at the top of the company making money. More than 90% of distributors break even or lose money, he said. Ackman even drew UCLA into the controversy, saying Herbalife mentioned a lab at the university multiple times during each investor presentation to lend itself legitimacy.


Herbalife shares recovered some of their losses in the weeks after Ackman's presentation as some investors expressed confidence in the company. Hedge fund Third Point said it was taking an 8.2% stake in Herbalife, betting that the company would survive Ackman's assault.


Analysts at Thursday's meeting seemed supportive of Herbalife, with some expressing their belief in the company during a question-and-answer period after the presentation. One analyst urged the company to fight back against Pershing Square's method of "slandering" the company.


"It was a good, thorough presentation that certainly accomplished the job of defending the legitimacy of their business model," Ramey said.


Still, not all investors were convinced by the presentation. Herbalife's stock closed down 71 cents, or 1.8%, at $39.24. That may be because on Wednesday the Securities and Exchange Commission opened an investigation into Herbalife, according to published reports.


alana.semuels@latimes.com





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Irvine City Council overhauls oversight, spending on Great Park









Capping a raucous eight-hour-plus meeting, the Irvine City Council early Wednesday voted to overhaul the oversight and spending on the beleaguered Orange County Great Park while authorizing an audit of the more than $220 million that so far has been spent on the ambitious project.


A newly elected City Council majority voted 3 to 2 to terminate contracts with two firms that had been paid a combined $1.1 million a year for consulting, lobbying, marketing and public relations. One of those firms — Forde & Mollrich public relations — has been paid $12.4 million since county voters approved the Great Park plan in 2002.


"We need to stop talking about building a Great Park and actually start building a Great Park," council member Jeff Lalloway said.





The council, by the same split vote, also changed the composition of the Great Park's board of directors, shedding four non-elected members and handing control to Irvine's five council members.


The actions mark a significant turning point in the decade-long effort to turn the former El Toro Marine base into a 1,447-acre municipal park with man-made canyons, rivers, forests and gardens that planners hoped would rival New York's Central Park.


The city hoped to finish and maintain the park for years to come with $1.4 billion in state redevelopment funds. But that money vanished last year as part of the cutbacks to deal with California's massive budget deficit.


"We've gone through $220 million, but where has it gone?" council member Christina Shea said of the project's initial funding from developers in exchange for the right to build around the site. "The fact of the matter is the money is almost gone. It can't be business as usual."


The council majority said the changes will bring accountability and efficiencies to a project that critics say has been larded with wasteful spending and no-bid contracts. For all that has been spent, only about 200 acres of the park has been developed and half of that is leased to farmers.


But council members Larry Agran and Beth Krom, who have steered the course of the project since its inception, voted against reconfiguring the Great Park's board of directors and canceling the contracts with the two firms.


Krom has called the move a "witch hunt" against her and Agran. Feuding between liberal and conservative factions on the council has long shaped Irvine politics.


"This is a power play," she said. "There's a new sheriff in town."


The council meeting stretched long into the night, with the final vote coming Wednesday at 1:34 a.m. Tensions were high in the packed chambers with cheering, clapping and heckling coming from the crowd.


At one point council member Lalloway lamented that he "couldn't hear himself think."


During public comments, newly elected Orange County Supervisor Todd Spitzer chastised the council for "fighting like schoolchildren." Earlier this week he said that if the Irvine's new council majority can't make progress on the Great Park, he would seek a ballot initiative to have the county take over.


And Spitzer angrily told Agran that his stewardship of the project had been a failure.


"You know what?" he said. "It's their vision now. You're in the minority."


mike.anton@latimes.com


rhea.mahbubani@latimes.com





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