Serious About Free Markets? Prove It

On Friday the Republican Study Committee, a policy shop for congressional Republicans, published a memo on how to fix copyright law. By Saturday afternoon the group’s executive director had pulled the memo, which had evidently failed to approach the subject with “all facts and viewpoints in hand.” This is Washington’s way of saying that an interest group hit the roof, and indeed, Ars Technica reports that lobbyists from the “content industry”—Hollywood and recording companies—pressured the group to renounce the memo.

Copyright being in fact broken, you can still read copies of the memo online. It lays out what copyright reform advocates have been saying for years. Copyright protections now extend 70 years past the life of the author; for a corporation, 95 years after publication. This, along with punitive laws on copyright violation, hinders creativity and innovation. These facts aren’t new. What’s new is the tone. Derek Khanna, the memo’s author, writes like an unashamed free marketeer, and in doing so manages to latch on to a larger point: Laws that help businesses often harm markets. From the memo:

Today’s legal regime of copyright law is seen by many as a form of corporate welfare that hurts innovation and hurts the consumer. It is a system that picks winners and losers, and the losers are new industries that could generate new wealth and added value. We frankly may have no idea how it actually hurts innovation, because we don’t know what isn’t able to be produced as a result of our current system. (Emphasis in the original.)

Radical stuff. There’s no one in Washington to lobby for industries that don’t exist yet, and ever so briefly, Khanna and the Republican Study Committee stepped into that breach. Then they stepped back, to gather more facts and viewpoints. Here’s one: Pro-business and pro-market are not the same thing. The most pleasant place for a business is not elbows-out in the middle of a free market, but sitting alone, atop a fat monopoly. Ask your local cable provider. The larger a business gets, the more it has to protect from the companies and industries that might follow it with something better or cheaper. And the best way to protect what you have is to have it written into law.

Real markets, with real competition, are most helpful to newcomers. Small businesses and new industries create new value. Once created, they, too, move to Washington to protect it. Witness the growth of Google (GOOG) and Facebook’s (FB) lobbying operations in the Capitol. Khanna describes extended copyright protection as rent-seeking—in his words, “non-productive behavior that sucks economic productivity and potential from the overall economy.” What’s true of Hollywood and the recording industry could be said of any established industry.

Luigi Zingales, a professor at the University of Chicago Booth School of Business and a regular contributor to Bloomberg View, points out that larger companies can lobby for special exemptions in the tax code. This creates complexity in the tax code, which punishes smaller businesses that can’t pay for tax lawyers and don’t have anyone’s buttonhole on Capitol Hill. Zingales prefers simple regulations and simple taxes, which are harder for lobbyists to game and easier for democracies to understand. He sees this as a bipartisan problem. The left is inclined toward more regulation, and the right is pro-business, rather than pro-markets.

The direction Khanna was headed—a defense of open, competitive markets at the expense of existing businesses—is still wide open space, claimed by no party. This summer, conservatives such as Timothy Carney at the Examiner and Yuval Levin at National Review urged Mitt Romney to back markets, not businesses. But he chose not to, even though he, in his day, disrupted existing markets of his own. Some enterprising Republican can still do it. Derek Khanna in 2016! He’s young. Maybe VP.

Businessweek.com — Top News

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Former Ivory Coast leader’s wife wanted by ICC

THE HAGUE, Netherlands (AP) — The International Criminal Court unsealed an indictment Thursday against former Ivory Coast President Laurent Gbagbo‘s wife on charges including murder, rape and persecution. It was the first time in the court’s 10-year history it has charged a woman.

The world’s first permanent war crimes tribunal said the arrest warrant was issued on Feb. 29 for former first lady Simone Gbagbo for crimes against humanity.

Her husband, Laurent Gbagbo, is already in custody at the court’s detention unit in The Hague facing similar charges stemming from his fight to retain power after losing a 2010 presidential election. If his wife is extradited, they could face justice together in an unprecedented husband-wife trial.

But a senior member of Ivory Coast President Alassane Ouattara‘s government, who requested anonymity because he wasn’t authorized to speak to the media, said Ivory Coast has already informed the ICC that the nation will not let her go.

“We informed them of this a long time ago,” he said.

The court’s chief prosecutor, Fatou Bensouda, urged Ivory Coast to extradite Gbagbo.

“The type of crimes committed in the aftermath of the 2010 elections did not happen by chance — they were planned and coordinated at the highest political and military levels and all those bearing the greatest responsibility must be held to account,” Bensouda said in a statement.

She said prosecutors continue to investigate crimes committed by both sides in Ivory Coast’s bloody power struggle and expect to issue further arrest warrants in the future.

“The investigations are objective, impartial and independent, and are conducted in strict accordance with the law,” she said.

Ivory Coast officials are holding the 63 year old under house arrest in the northwest town of Odienne. Last week, Ivorian prosecutor Noel Dje Enrike Yahau said lawyers had questioned Simone Gbagbo there for two days and that the domestic charges against her remained the same: genocide, blood crimes and economic crimes.

Unsealing the ICC arrest warrant issued nearly nine months ago appears to be a tactic by the court to put pressure on Ouattara’s administration to hand over Ms. Gbagbo.

If authorities in Ivory Coast want to prosecute her, they have to convince judges at The Hague tribunal that their case involves the same crimes she is charged with at the ICC. It is a court of last resort, meaning it only takes cases from countries unwilling or unable to prosecute them.

The international court said in the warrant that there is evidence pro-Gbagbo forces deliberately attacked perceived supporters of Ouattara in the aftermath of the election.

Judges who reviewed evidence supporting the charges against Ms. Gbagbo said they found “there are reasonable grounds to believe that Ms. Gbagbo bears individual criminal responsibility for the crimes … as ‘an indirect co-perpetrator.’”

The warrant called Gbagbo an “alter ego for her husband” with the power to make state decisions. It said there is evidence to suggest she “instructed the pro-Gbagbo forces to commit crimes against individuals who posed a threat to her husband’s power.”

Her husband was the first former head of state to be taken into custody by the court when he was extradited to The Hague by the Ivory Coast government last year.

Prosecutors say about 3,000 people died in violence by both sides after Gbagbo refused to concede defeat following the election. Ouattara finally took power in April 2011 with the help of French and U.N. forces.

Ivory Coast is not a member state of the court, but has voluntarily accepted its jurisdiction.

It is very rare for a woman to be charged by an international war crimes court. In the past, the Yugoslav war crimes tribunal convicted former Bosnian Serb President Biljana Plavsic of persecution and sentenced her to 11 years imprisonment.

The announcement of the arrest warrant and Ivory Coast’s refusal to hand over Gbagbo appeared likely to raise tensions between supporters of her husband and those who back Ouattara.

Moussa Toure Zeguen, a leader of the Gbagbo allies in exile in Ghana, said by phone from Accra that the former president’s supporters had no faith in the Ivorian authorities to give Simone Gbagbo a fair trial.

“We don’t trust them. The only thing that Ouattara is doing is revenge,” Zeguen said. “He wants to try us without trying any of the fighters from his side who also committed crimes. It is not fair, and this cannot bring reconciliation.”

____

Associated Press writers Rukmini Callimachi in Dakar, Senegal, and Robbie Corey-Boulet in Abidjan, Ivory Coast, contributed to this report.

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Some gifts fall into the love-it-later category

NEW YORK (AP) — Have you ever said “thank you” through clenched teeth? The gift in that nicely wrapped box was so not what you wanted: comfy clothes instead of designer duds, or a kitchen gadget instead of a shiny piece of jewelry.

Sometimes, though, the best gifts are the ones you use, and, frankly, most of us probably wear hoodies more than haute couture.

With a closet full of beautiful boots and gravity-defying heels, flat-foot, furry Uggs weren’t at the top of celebrity stylist-designer Rachel Zoe‘s shopping list. They were OK for other people — she might even have suggested them — but she didn’t see them fitting into her closet until someone gave her a pair.

“Once you put them on, you can’t go back,” Zoe says. “In my house, it’s now the family at-home shoe. I wear them all the time. My son has 10 pairs and my husband has 10 pairs.”

Bradford Shellhammer, founder of Fab.com, which sells unusual items like canvas carryalls screen-printed with images of designer handbags, says gifts fit into three categories: the things everyone knows you want, the bad surprises and the amazing things that make you wonder, “How did I live without it?”

A. Mitra Morgan, founder and chief curator of decorative home-goods website Joss & Main, can’t imagine her busy life without the wallet-phone case wristlet her mother gave her last year.

Morgan has almost unlimited access to the pretty things on so many gift lists. Her mother, however, thought her daily necessities were too scattered. She didn’t know it at the time, Morgan admits, but mom was right.

Morgan received another love-it-later gift, this one from her husband. He gave her flat-bottomed pizza scissors.

“Coming from my husband, this was at the level of receiving a vacuum. I thought, ‘Really, this is what we’ve come to?’” Morgan says. “But it’s awesome!”

Christine Frietchen, a shopping expert who is advising TJ Maxx and Marshall’s this year on their gift-giving programs, says a gift is something you wouldn’t get for yourself. And the best way to know you’ve given a successful gift, she says, is if the receiver becomes an evangelist for it.

Adam Glassman, creative director at O, The Oprah magazine, was never at risk of buying the Patagonia fleece sweatpants his brother got for him a few years ago. “Never in my life did I think I’d need sweatpants, but I live in them,” he gushes. “When I come home from work, they are my go-to item. I wear them more than any other clothes in my closet.”

The only gift he might treasure more is the Eddie Bauer silk long johns his other brother gave him, something else he didn’t think he needed or wanted.

“Where was the Tom Ford, the Gucci?” Glassman says with a laugh.

But after a few winters of layering the long johns under his more fashionable pieces, he’s now buying them as gifts for other people.

Shellhammer says friends and family can’t ask for the items offered on Fab.com because the website sells things people don’t know exist. Items such as a shower curtain with a map of Paris (what enthusiastic traveler wouldn’t want one?) or a pug T-shirt for your favorite dog lover. (Shellhammer predicts the Mountain Pug Tee will be a top seller this season. The entire shirt becomes the face of a pug, wrinkles, jowls and all.)

And Shellhammer says it’s OK to be playful and show a little sense of humor when giving a gift. You’d be surprised how many positive comments the website has received about a hedgehog dish brush, he says. “It just gives you that crack of a smile.”

Brian Berger says the Yumaki toothbrush his business partner gave him is a present he’ll always remember — and appreciate. And, it’s something he uses every day.

His partner was trying to make a point as he and Berger recently launched a men’s undergarment and socks business called Mack Weldon that also is courting customers with the idea of “elevated basics,” Berger explains.

Some other gift ideas from the experts:

—Kitchen knives.

—Comfortable earbuds.

—Colorful tights and leggings.

—Berry bowls.

—Miniature flashlights that fit in pockets and purses.

—Pretty soaps.

—Personalized tote bags.

A lot of people do skimp on themselves, especially in a season where they are spending so much money, so an upgrade of something mundane to luxurious — or at least more fun — can be a very thoughtful gift, says gift advisor Frietchen.

“Have you ever had a really nice hairdryer, a REALLY good dryer? You think a hairdryer is a hairdryer until you have a good one in your hand. It can change your life,” Frietchen says.

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McCartney, Houston, Dylan lead Grammy Hall of Fame inductees

LOS ANGELES (Reuters) – Music by Paul McCartney, Bob Dylan, Elton John and late singers Whitney Houston and James Brown will be inducted into the 2013 Grammy Hall of Fame, The Recording Academy said on Wednesday.

Paul McCartney & Wings‘ 1973 album “Band on the Run,” long credited with reigniting McCartney’s career following the Beatles’ split in 1970, was one of the 27 new inductees into the Grammy Hall of Fame, on display at the Grammy Museum in downtown Los Angeles.

Houston‘s self-titled 1985 debut album was also named an inductee, following the singer’s sudden death aged 48 in February this year. Australian hard-rock band AC/DC’s top-selling 1980 “Back in Black” album was also named a new entry.

The Recording Academy, which also runs the Grammy awards, picks songs and albums from all genres that are at least 25 years old, with either “qualitative or historical significance” to be considered annually for the Grammy Hall of Fame by a committee.

“Memorable for being both culturally and historically significant, we are proud to add (the 2013 inductees) to our growing catalog of outstanding recordings that have become part of our musical, social and cultural history,” The Recording Academy President and CEO Neil Portnow said in a statement.

As well as albums, the Grammy Hall of Fame also includes songs of historic and cultural significance and the inductees for 2013 see a range of classic American songs.

Iconic Dylan song “The Times They Are A-Changing” from 1964, R&B singer Ray Charles’ 1961 tune “Hit the Road Jack,” Rat Pack star Frank Sinatra’s 1980 “Theme from ‘New York, New York’”, and ‘Godfather of soul’ James Brown‘s 1965 classic “I Got You (I Feel Good)” were all honored.

Other 2013 inductees include Elton John‘s 1970 self-titled second album and American debut, Billy Joel’s 1973 hit “The Piano Man” and Willie Mae “Big Mama” Thornton’s 1953 R&B classic “Hound Dog,” later covered by Elvis Presley.

(Reporting By Eric Kelsey; Editing by Piya Sinha-Roy and Andrew Hay)

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Longer waits for breast cancer patients on Medicare

NEW YORK (Reuters Health) – Women with a new diagnosis of breast cancer who are covered by Medicare are waiting longer and longer to get treatment, according to a new nationwide study.

Researchers found that between 1992 and 2005, the average waiting time between being diagnosed and having surgery rose from 21 days to 32 days. The delay was especially long for black and Hispanic women, and for those living in large cities.

Still, the study team noted, it’s unclear how big a difference the extra week or two would make in women’s long-term health.

“I don’t believe the delays we’re seeing here are problematic, (but) we’re clearly going to need to keep any eye on it because if those delays keep increasing, they may become problematic,” said the study’s lead author, Dr. Richard Bleicher.

Bleicher, from Fox Chase Cancer Center in Philadelphia, and his colleagues analyzed cancer registry data and Medicare claims for 72,586 older adults diagnosed with breast cancer between 1992 and 2005, 99 percent of whom were women.

Over that period, both the time between a patient’s first breast cancer-related visit and her first biopsy increased, as did the time between biopsies and surgery, according to findings published this week in the Journal of Clinical Oncology.

When the researchers accounted for patient characteristics such as tumor stage, as well as number and type of pre-surgery visits and screenings, the relative delay shrank from 11 days to five days.

Whether the extra waiting in more recent years is “clinically meaningful” remains to be seen, according to Bleicher‘s team.

Another report published in the same journal found that for women with advanced cancer, waiting 60 days or more for treatment was tied to a greater likelihood of dying in the five years after diagnosis.

Shorter delays, however, weren’t associated with worse outcomes.

Among 1,786 North Carolina women on Medicaid, the average time between diagnosis and treatment – usually surgery – was 22 days between 2000 and 2002, Dr. Electra Paskett from The Ohio State University in Columbus and her team found.

The length of that interval didn’t seem to affect a woman’s chance of surviving early-stage breast cancer. But for those with late-stage cancer, women who waited 60 days or more between diagnosis and treatment were 66 percent more likely to die of any cause over the next five years and 85 percent more likely to die of breast cancer, in particular.

In Paskett’s study, one in 10 women waited at least 60 days for treatment.

She pointed out that people on Medicaid, like those in her study, may have more problems getting timely treatment compared to people with private insurance.

“It could be that they had problems finding a doctor who would accept them, because they’re low income, or (there were) scheduling problems with the clinic,” Paskett told Reuters Health.

She recommended health systems look into having “patient navigators” to guide low-income people and others who may need help through the treatment process.

Bleicher said doctors and health systems can start using the new data to figure out how to consolidate the biopsies, second opinions and other visits that often happen between diagnosis and treatment.

But for now, he told Reuters Health that women with breast cancer shouldn’t panic if it takes them a few weeks to coordinate their surgery.

“Getting to the operating room for treatment is not something that’s an emergency, even though it feels like one,” Bleicher said.

Up to 60 days, Paskett said, should be “plenty of time to get second opinions, plenty of time to get consults and things like that.”

SOURCE: http://bit.ly/10tpzc9 and http://bit.ly/10tpIMu Journal of Clinical Oncology, online November 19, 2012.

Diseases/Conditions News Headlines – Yahoo! News

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More government action on mergers

21 November 2012 Last updated at 19:01 ET

The government plans to become more active in mergers and acquisitions involving UK companies.

The decision is part of the government response to the Kay Review into how to discourage short-termism in markets.

The government has decided it should “engage with companies and their investors… to promote investment which benefits the UK economy”.

Professor John Kay called for it to discourage acquisitions that would threaten a firm’s operations in the UK.

The government’s response comes in the week that the acquisition of Autonomy, which was once Britain’s biggest software company, by Hewlett Packard of the US has ended in acrimony and allegations of financial misbehaviour.

‘No blanket regulation’

The Kay Review was commissioned by Business Secretary Vince Cable and published in July.

The Department for Business, Innovation and Skills endorsed Prof Kay’s 10 principles for stock markets, which were designed to encourage more focus on the long-term returns from businesses rather than short-term profits.

Prof Kay also called for the way that directors are paid to be changed to encourage more long-term thinking.

He suggested that bonuses should only be paid in shares that could not be sold until after an executive left the company.

The government responded that it “does not believe there is a case for blanket regulation”, but hopes that its reforms, designed to empower shareholders and create more transparency in remuneration, will help bring about such good practice.

Similarly, Prof Kay proposed that bankers and investment managers should receive bonuses either in the form of shares in the firms for which they work, or an interest in the investment funds they manage.

Again, such shares could not be sold until they left the company.

The government plans to promote this as best practice rather than imposing it through regulation.

The application of Good Practice Statements for company directors, bankers and investors are to be encouraged by the government.

BBC News – Business

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Ivory Coast: New prime minister named

ABIDJAN, Ivory Coast (AP) — President Alassane Ouattara has tapped Foreign Minister Daniel Kablan Duncan to serve as prime minister in a new government one week after the surprise dissolution of cabinet.

The appointment of Duncan, a member of the PDCI party of former President Henri Konan Bedie, was announced at a press conference Wednesday by Amadou Gon Coulibaly, general secretary of the presidency.

Ouattara dissolved the cabinet last week over a feud between his political party and the PDCI over proposed changes to the country’s marriage law.

The PDCI supported Ouattara in the November 2010 runoff election in exchange for the prime minister’s post, helping him defeat incumbent President Laurent Gbagbo. Gbagbo’s refusal to cede office led to five months of violence that claimed at least 3,000 lives before Ouattara’s forces won.

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Review: Gift guide to full-size tablets

NEW YORK (AP) — Tablets are at the top of many wish lists this holiday season. But what to get? The choice used to be pretty limited, with the iPad dominating the latecomers. But this year, the field is more even, as tablets from Apple‘s competitors have matured. In addition, Google and Microsoft are diving in with their own tablets, providing more choice.

The first step in the buying process is to decide on the size of the tablet. They fall into two rough categories: the full-sized tablet, pioneered by the iPad, and the half-size tablet, epitomized by the Kindle Fire.

Full-sized tablets, which generally have screens measuring about 10 inches on the diagonal, are better for surfing websites designed for PCs, and far better when it comes to displaying magazines and documents. Overall, they go further toward replacing a laptop. They cost $ 400 and up.

Half-sized tablets, which have screens measuring roughly 7 inches on the diagonal, are cheaper and lighter, but just as good as full-sized tablets for e-book reading. It’s an excellent first computing device for a kid, or a gentle nudge into the digital world for an older adult with little computing experience. This year’s crop costs $ 199 and up, but last year’s models are available for less.

If you’ve settled on a large tablet, here are some top choices. A review of smaller tablets ran Monday.

— Apple iPad, fourth generation (starts at $ 499)

Apple usually updates the iPad once a year, so it was a surprise when it dropped a new model in October, with a faster processor and the new “Lightning” connection and charging port, replacing the wide port inherited from the iPod. Like the third-generation iPad launched in March it has an ultra-high-resolution “Retina” screen. The model’s resolution of 2,048 by 1,536 pixels is only surpassed by the Google Nexus 10.

That means the current iPad is two generations ahead of the iPad 2 that was on sale last holiday season. It packs enough improvements to make the upgrade worth it. The iPad 2 is still on sale for $ 100 less, but it’s not a very good value for the money: if $ 400 is all you can spend, there are better tablets out there than the iPad 2.

While other tablets are starting to approach it in terms of hardware, the iPad still enjoys the best support by far from third parties, both in terms of quality applications and accessories like cases.

One caveat: the base model of the iPad has only 16 gigabytes of storage, which fills up fast these days. The thoughtful giver goes for at least a 32-gigabyte model, for $ 100 more.

Other than that, there are few downsides to the iPad: no one will frown when opening this package.

— Barnes & Noble Nook HD+ (starts at $ 269)

For a book store, Barnes & Noble makes some amazing tablets. The HD+ is its first model that approaches the iPad in size, with a screen that’s 9 inches on the diagonal. That makes it slightly smaller than the iPad, and the resolution is lower as well, but still very respectable. At 1,920 by 1,280 pixels, it can show more detail than a living-room HDTV.

The Nook is family-friendly too. You can create user accounts and restrict them from certain content, so there’s less risk that your kids will stumble on your copy of “Fifty Shades of Grey.”

Like the basic iPad, the basic Nook HD+ comes with just 16 gigabytes of storage memory, but it can be expanded with a microSD memory card. That means another 32 gigabytes will cost you just $ 25 — a good deal.

But the Nook is the least versatile tablet in our roundup. The number of apps available is small, and it’s focused on Barnes & Noble content like e-books, magazines and movies. It doesn’t have any cameras, while the competitors have two each. It’s best for someone who’s likely to stick to media consumption, and doesn’t need the latest apps and games.

— Samsung Galaxy Note 10.1 (starts at $ 499)

If the Nook is for the avid reader or movie watcher, the Galaxy Note 10.1 is for the creative type. It’s the only tablet in our roundup that comes with a “pen” that can be used to write and draw on the screen. In our test, this worked well, though the number of apps that take advantage of the pen is still small. (Other tablets, like the iPad, only respond to finger-like objects, so third-party styluses for them are of necessity thick and clumsy.)

The Note 10.1 runs Google‘s Android software, giving it access to a wide array of apps originally written for smartphones. The selection is not on par with the iPad’s but better than other alternatives.

The Note’s screen falls into the low-resolution category, sporting 1,280 by 800 pixels. That’s a third of what the iPad musters.

Like the Nook, the Note 10.1′s storage memory can be expanded with cards.

The Note’s appeal is somewhat niche, but it could be just the thing for the budding or established artist.

— Microsoft Surface (starts at $ 499)

Microsoft’s first tablet seems at first like a throwback to the first iPad. It’s thick, heavy and rugged. But it’s really doesn’t have much in common with the first iPad or any Apple- or Google-powered tablet. It runs Windows RT, a version of Windows 8 adapted for tablets. It comes with a version of Microsoft’s Office suite and the ability to connect to wireless printers and some other peripherals, like USB drives. The covers for it have functional keyboard printed on the inside.

The screen resolution is 1,366 by 768 pixels, placing it in the low-resolution category.

The Surface screams “work, work, work.” It’s the tablet for those who are wedded to Word and want to take their writing on the go.

One thing to note about the Surface: the basic model starts out with “32 gigabytes” of memory, but of that, only 16 gigabytes are available to the user. It accepts memory cards of up to 64 gigabytes, however, so expanding the memory is cheap.

Note that even though it runs Windows, the Surface doesn’t run standard Windows applications. It will run only programs specifically adapted for Windows RT. The selection is, for now, quite limited.

— Asus Vivo Tab RT (starts at $ 599 with a dock)

Asus has a quality line of Android tablets they call “Transformer” because they dock into a keyboard with an extra battery. The combination folds up just like a small laptop and has excellent battery life. The Vivo Tab RT essentially takes a Transformer and stuffs it with Windows RT instead of Android.

The tablet part is smaller and thinner than the Surface. Together with the keyboard, it makes for a familiar little setup: a tiny laptop running Windows. Like the Surface, it has a memory card slot and a USB port. The screen resolution is the same.

The Vivo Tab is a good tool for those who want to get some work done on the commute or plane, or those who can’t decide if they want a laptop or a tablet.

— Google Nexus 10 (starts at $ 399)

This is Google’s first full-size tablet and the only tablet from any manufacturer that beats the screen resolution of the iPad. It boasts 2,560 by 1,600 pixels, a third more than the fourth-generation iPad.

It’s also the only tablet in this roundup that has speakers on either side of the screen when it’s held horizontally, making for good stereo reproduction when you’re watching movies. It has a grippy, rubberized back and widely rounded corners. There’s no memory card slot or an option for a cellular modem.

The array of third-party software is wide, just as it is for the Note 10.1. Most people don’t associate Google with online books, music or movies, so it may feel odd that the Nexus steers buyers to Google’s Play store. Of course, given the open nature of Google’s Android operating system, there are apps available for other entertainment stores, including Amazon’s, and for streaming services like Netflix.

The Nexus 10 is a snappy performer, and among the iPad’s competitors, it comes the closest to matching the versatility of Apple products.

___

Peter Svensson can be reached at http://www.twitter.com/petersvensson

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Ex-hedge fund trader charged in $276M insider ploy

NEW YORK (AP) — A former hedge fund portfolio manager was arrested Tuesday in what prosecutors called perhaps the most lucrative insider trading scheme of all time — an arrangement to obtain secret, advance results of tests on an experimental Alzheimer’s drug that netted more than $ 276 million for his fund and others.

The case also led authorities to investigate the activities of one of the nation’s wealthiest hedge fund managers, billionaire Steven A. Cohen.

The portfolio manager, Mathew Martoma, was accused in U.S. District Court in Manhattan of using the information to advise other investment professionals to buy shares in the companies developing the drug, then later to dump those investments and place financial bets against the companies when the tests returned disappointing results.

“The charges unsealed today describe cheating coming and going,” U.S. Attorney Preet Bharara said at a news conference. The scheme unfolded “on a scale that has no historical precedent.”

Martoma’s trades helped reap a hefty profit from 2006 through July 2008, while he worked for CR Intrinsic Investors LLC of Stamford, Conn., an affiliate of SAC Capital Advisors, a firm owned by Cohen.

Cohen is not referred to by name in court papers but is frequently alluded to for his dealings with the defendant in the weeks leading up to an announcement about the drug trial.

The government has been scrutinizing SAC since at least November 2010, when the FBI subpoenaed SAC and other influential hedge funds. Martoma is the fourth person associated with SAC Capital to be arrested on insider trading charges in the last four years.

SAC spokesman Jonathan Gasthalter said the company and Cohen “are confident that they have acted appropriately and will continue to cooperate with the government’s inquiry.”

The FBI said the scheme developed after Martoma met a doctor in Manhattan involved in an Alzheimer’s drug trial in October 2006. According to a criminal complaint, he later obtained confidential information related to the final results of a drug trial.

Martoma’s attorney, Charles Stillman, called his client “an exceptional portfolio manager who succeeded through hard work and the dogged pursuit of information in the public domain. What happened today is only the beginning of a process that we are confident will lead to Mr. Martoma’s full exoneration.”

Martoma was arrested at his home in Boca Raton, Fla., and made an initial appearance in federal court in West Palm Beach, Fla., where he was released on $ 5 million bail on charges of conspiracy to commit securities fraud and securities fraud. He was scheduled to return to court Monday in Manhattan.

The defendant will have great incentive to cooperate with the government because the size of the gains would add years, if not decades, to any potential sentence upon conviction, said John Sylvia, co-chairman of the securities litigation practice at the Mintz Levin law firm in Boston.

He said it was clear from reading the court papers that Cohen was referenced frequently and was a likely target of investigators, though they might not be able to build a sufficient case against him.

“There’s little doubt as to where the government’s sights are,” Sylvia said. “I don’t think it takes Sherlock Holmes to figure it out.”

The Securities and Exchange Commission filed civil papers in the case against CR Intrinsic Investors, Mathew Martoma and Dr. Sidney Gilman. The civil complaint said the illegal money was earned in July 2008, when various hedge funds traded ahead of a negative public announcement involving the clinical trial results of an Alzheimer drug being jointly developed by Elan Corp. and Wyeth, both pharmaceutical companies.

The SEC complaint said that Martoma carried out the scheme with Gilman, an 80-year-old professor of neurology at the University of Michigan Medical School who served as chairman of a safety committee overseeing the clinical trial. Gilman was selected by Elan and Wyeth to present the final clinical trial results at a July 29, 2008, medical conference.

Messages left with the University of Michigan Medical School were not immediately returned.

Gilman’s lawyer, Marc Mukasey, said his client is cooperating with the SEC and the U.S. Attorney’s Office, and has entered into a non-prosecution agreement with federal prosecutors.

A copy of the agreement released by federal prosecutors Tuesday showed that Gilman will forfeit nearly $ 187,000 that he received from Elan for consulting work in 2007 and 2008 and from an expert networking firm for consultations between 2006 and 2009 with Martoma’s hedge fund.

Bharara said Martoma gained from “cultivating and corrupting” Gilman, eventually receiving $ 9 million in bonus pay for the year when the trades were made.

Martoma met with the doctor about 42 times, beginning in the summer of 2006, and eventually convinced him to start talking about the drug trial, prosecutors said.

The SEC said leaks by Martoma caused hedge fund portfolios managed by CR Intrinsic and by an affiliated investment adviser to liquidate more than $ 700 million in holdings in Elan and Wyeth.

The massive repositioning, the SEC said, allowed CR Intrinsic and various hedge funds to reap huge illicit profits and avoid steep losses.

“By cultivating and corrupting a doctor with access to secret drug data, Mathew Martoma and his hedge fund benefited from what might be the most lucrative inside tip of all time,” Bharara said.

The prosecutor said the doctor sent him a draft of the 24-page presentation he planned to make at a conference announcing the results.

That is when Martoma “had to do a spectacular about-face because he understood that — with these negative results looming — the hedge fund’s massive $ 700 million stake had become a terrible bet,” Bharara said. “And so, just like that, overnight, Martoma went from bull to bear as he tried to dig his hedge fund out of a massive hole.”

The news caused Elan’s stock price to plunge by more than 40 percent. The price of Wyeth fell about 12 percent.

The bets against the drug developers brought additional profits totaling $ 76.2 million. That is roughly the same amount that prosecutors said former hedge fund manager Raj Rajaratnam made in illegal profits before he was arrested. The one-time billionaire is serving an 11-year prison sentence in what was once considered the biggest insider trading case in U.S. history.

A year later, a hedge fund employee recommended that Martoma be terminated, and he was let go in 2010, Bharara said.

___

AP Business Writer Daniel Wagner in Washington contributed to this report.

Health News Headlines – Yahoo! News

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HP’s Financial Mess Is Making Everyone Sorry

You know who’s probably having the best day ever? Try Mark Hurd, the guy who had to resign as chief executive of Hewlett-Packard (HPQ) in August 2010 under a cloud of HR shadiness.

Due in large part to the incompetence of the management that replaced him, and the board that oversaw it all, shares of the venerable Silicon Valley pioneer have since fallen 75 percent, visiting lows unseen since the mid-1990s. Just days after the firing, in letter sent to the New York Times, Hurd’s friend and soon-to-be-new boss, Oracle (ORCL) CEO Larry Mr. Ellison, declared: “The H.P. board just made the worst personnel decision since the idiots on the Apple (AAPL) board fired Steve Jobs many years ago.” Three weeks after his departure from HP, Hurd gave notice of his plans to cash out of more than $ 30 million in company stock.

Today, Hurd and Ellison, both at Oracle (now worth more than six HPs) must be belting out thunderous buhaahahhas. On Tuesday, Hewlett-Packard announced an $ 8.8 billion charge, citing “a willful effort to mislead investors and potential buyers” at Autonomy, the U.K. software company Hurd’s short-lived replacement, Leo Apotheker, agreed to purchase for $ 10.3 billion.

“HP is extremely disappointed to find that some former members of Autonomy’s management team used accounting improprieties, misrepresentations, and disclosure failures to inflate the underlying financial metrics of the company, prior to Autonomy’s acquisition by HP,” Hewlett-Packard said in a statement.

Autonomy aside, HP forecast fiscal first-quarter earnings that missed analysts’ estimates amid a continued decline of its personal computer franchise. As for the fourth quarter: HP registered a net loss of $ 6.85 billion, compared with net income of $ 239 million a year earlier. It’s just the latest in a tragicomic series of largely self-inflicted wounds that have felled the tech giant. So what now? For starters, some freshly served mea culpas.

CEO Meg Whitman took to CNBC to publicly regret voting for the Autonomy deal when she was just a board member.

One investor who should be taking a major bow on HP is short-seller Jim Chanos, who this summer warned HP was the “ultimate value trap.” Looking ahead, it all raises the question: How much more time will shareholders give Meg Whitman and her board to turn around a supertanker that increasingly looks like it’s taking on water?

According to Jefferies (JEF) analyst Peter Misek, despite HP’s seemingly sufficient cash flow, its dividend “could be in serious danger” next year. While the company’s diminished market capitalization of $ 23 billion makes it look ripe for activist agitation or even euthanasia-by-takeover—Oracle, anyone?—directors have already moved to silence an internal agitator in their ranks.

ISI Group analyst Brian Marshall apologized to clients for recommending the stock: “We can no longer recommend investors buy shares of HP at current levels as negative information continues to pour out, the end is not in sight, and we no longer understand what we are ‘playing for.’ … HP has become the ‘quintessential value trap’ as material negative news overrides any small positive developments and forward estimates continue to decline at a rapid rate. We apologize to investors for our extremely poor performance on this attempted ‘value’ play.”

For added measure, Marshall quipped that HP has “more shoes than Imelda Marcos.”

Businessweek.com — Top News

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