Surgeon infected patients during heart procedure, Cedars-Sinai admits









A heart surgeon at Cedars-Sinai Medical Center unwittingly infected five patients during valve replacement surgeries earlier this year, causing four of the patients to need a second operation.


The infections occurred after tiny tears in the latex surgical gloves routinely worn by the doctor allowed bacteria from a skin inflammation on his hand to pass into the patients' hearts, according to the hospital. The patients survived the second operation and are still recovering, hospital officials said.


The outbreak led to investigations by the hospital and both the L.A. County and California departments of public health. The federal Centers for Disease Control and Prevention was also consulted.








Hospital officials called it a "very unusual occurrence" probably caused by an unfortunate confluence of events: the nature of the surgery, the microscopic rips in the gloves and the surgeon's skin condition. Valve replacement requires the surgeon to use thick sutures and tie more than 100 knots, which can cause extra stress on the gloves, they said.


Nevertheless, the hospital's goal is to have zero infections, said Harry Sax, vice chairman of the hospital's department of surgery. "Any hospital-acquired infection is unacceptable," he said.


The infections raise questions about what health conditions should prevent a surgeon from operating and how to get the best protection from surgical gloves. Surgeons with open sores or known infections aren't supposed to operate, but there is no national standard on what to do if they have skin inflammation, said Rekha Murthy, medical director of the hospital's epidemiology department. She added that there were also no national standards on types of gloves used, whether to wear double gloves or how many times surgeons should change those gloves during a procedure.


Healthcare-acquired infections are very common throughout the United States. Each year, infections cause 99,000 deaths in the country, including about 12,000 in California. Hospitals in the state are required to report certain infections to the California Department of Public Health. That reporting makes the public more aware of the quality of care provided at local hospitals and is an important tool for reducing infections, said Debby Rogers, deputy director of the department's Center for Health Care Quality.


Cedars-Sinai has low rates for hospital-acquired infections compared with the state and national average but has not performed as well on other surgical quality measures recently, according to the Leapfrog Group, an employer-backed nonprofit focused on healthcare quality. The organization gave the hospital a C rating last month on its national report card, down from an A in June, though it was not related to the infection outbreak.


"Clearly this hospital is making attempts to reduce infections, but they have more work to do," said Leah Binder, Leapfrog's chief executive.


Cedars-Sinai Medical Center conducts about 360 valve replacement surgeries each year and said infections occur in fewer than 1% of its cases — lower than the national average.


The hospital learned about the problem in June after three patients who had undergone valve replacement surgery showed signs of infection. Doctors diagnosed the patients with an infection called endocarditis. Concerned there might be a connection among the cases, epidemiologists analyzed the bacteria, staphylococcus epidermidis, and determined that it was an identical strain and therefore must have come from a single source. "It led to the question of gee, I wonder where it came from?" Murthy said.


Epidemiologists homed in on the surgeon with the skin inflammation. The bacteria matched, and then they made a surprising discovery: microscopic tears in the gloves typically worn by surgeons after performing valve replacement surgery. The surgeon, whose name was not released, was not allowed to operate again until he healed. He is still a member of the medical staff but no longer performs surgeries at the hospital.


The hospital soon found the same infection in two more patients. Officials also reached out to 67 patients who had heart valve replacements with the same surgeon but didn't find any other cases. One of the five infected patients was treated with antibiotics, and the other four had new valve replacement surgeries. Sax said the hospital apologized to the patients and has continued to monitor their health. The hospital has also covered the cost of their care, including follow-up treatment and all the related surgeries.


All surgeons doing valve replacements are now required to change gloves more frequently, officials said. Some surgeons are wearing double gloves during the operations, Sax said.


Following the outbreak, Cedars-Sinai did the proper follow-up to ensure the safety of their patients, said Dawn Terashita, a medical epidemiologist with L.A. County, who was notified in September. What occurred at Cedars-Sinai was an unintentional consequence of the surgery, she said.


"There is no way to keep a room entirely sterile and all the people in it sterile," she said. "You will always have risk of infection."


anna.gorman@latimes.com





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Lupus forces singer Toni Braxton into LA hospital


LOS ANGELES (AP) — Singer Toni Braxton has been hospitalized in Los Angeles.


The R&B performer says in a Tweet on Friday that she's been hospitalized because of "minor health issues" related to Lupus. A spokeswoman confirmed the hospitalization but had no other details. "But no worries!," Braxton wrote to fans. "I will be out any day now."


The 45-year-old singer of "Un-break My Heart" revealed two years ago she has Lupus, a potentially deadly autoimmune disease that killed Braxton's uncle. She also suffers from a narrowing of the blood vessels in her heart.


Braxton said in a recent "20/20" interview that doctors told her the Lupus diagnosis meant her performing career would likely be diminished and the disease helped push her into a recent bankruptcy.


___


Online:


http://tonibraxton.com


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His goal is to make Evite more inviting









The gig: Since being named president of Evite in 2009, Hans Woolley has been in charge of modernizing the pioneer of online social planning. The West Hollywood firm, owned by Liberty Media, has about 16 million to 18 million unique users a month who create, send and manage email invitations. But by the time Woolley was named to the top post, the then-11-year-old company had fallen behind new rivals such as Facebook Events. Last month, Evite launched Postmark, a line of high-end, customizable e-cards — the company's first new offering since its founding in 1998.


Starting in start-ups: Woolley, 34, was born and raised in Port-au-Prince, Haiti. He graduated from Cal Poly Pomona with a degree in computer science in 2000. With funding from media conglomerate IAC/InterActiveCorp, Woolley co-founded Pronto in 2006. The desktop application for comparing prices on more than 65,000 shopping websites occupied a Manhattan office that was once a nuclear bunker. But Pronto downloads stalled in the months after the launch, and it became clear to Woolley's team that customers wanted their searches to be online. So Pronto spent four months building a Web-based shopping search engine from scratch. Traffic surged from 816,000 unique monthly U.S. visitors in February 2007 to 9.1 million in February 2008. "I learned the importance of accepting that you've messed up," Woolley said. "You have to be flexible, and pivot, and try again."


The big challenge: Woolley took the Evite job in 2009 because he saw room for growth. His greatest challenge was changing the culture of a company that was profitable but stagnant; its online invitations, which lead viewers to an ad-supported Web page, had acquired a reputation for being slow, rude and ugly. ("At the very least, allow me to commend the hostess for not having sent an Evite," a New York Times advice columnist recently sniped.) The Web system had not been overhauled since its launch.





Creating a culture: The new goals for Evite are innovation, speed, willingness to try new things — and the flexibility to fail, if it comes to that, Woolley said. The Evite team hand-coded a new, more seamless Web system to replace a rickety, patched version. In new offices on Sunset Boulevard, Woolley used interior design to instill a more open culture, including more natural light, chalk murals on blackboard walls and red-brick accents for a "New York loft feel." There is a ping-pong room but no cubicles. He hosts "hackathons," during which over-caffeinated employees have 24 hours to build new features for the website.


Innovation in a time of change: The company is learning to ease its customers, who may not be as receptive to change, into new features and modifications. Customer service is available around the clock by email, instant message and phone. The constant evolution of the tech industry makes staying ahead of the curve a challenge, particularly when a company is coming from behind, Woolley said. He has tried to strike a balance between responding to shifts in the industry and making changes that Evite needs, including making the service's much-maligned ads more integrated and artful.


Hiring the right people: He looks for smart people with diverse passions and a deep knowledge of Evite's operations and goals who can work in a collaborative setting. "I don't want to always be told that I'm right," Woolley said. "A little push-back from employees makes everything stronger."


Outside the office: Woolley spends 10 to 12 hours a day at the office, but puts in even more time mentally. "When you love what you do, you always think about it." When he isn't in the office, he enjoys hiking, basketball, soccer and tennis, and spending time with his wife Michelle and 3-month-old son, Max, at their home in West Hollywood. He also volunteers in his native Haiti, where the economy largely depends on tourism and spending by nonprofit organizations. He is helping develop sustainable business plans and increase the availability and cultivation of food, including working with local fish farmers and advising on the board of several nonprofits.


laura.nelson@latimes.com





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7.3 quake off Japan prompts tsunami warning









TOKYO—





A strong earthquake struck Friday off the coast of northeastern Japan in the same region that was hit by a massive earthquake and tsunami last year. A city in the region reported that a small tsunami had hit, but there were no immediate reports of injuries or damage.

The Japan Meteorological Agency said the earthquake had a preliminary magnitude of 7.3 and struck in the Pacific Ocean off Miyagi prefecture at 5:18 p.m. (0818 GMT). The epicenter was 6.2 miles beneath the seabed.

After the quake, which caused buildings in Tokyo to sway for at least several minutes, authorities issued a warning that a tsunami potentially as high as 2.19 yards could hit. Ishinomaki, a city in Miyagi, reported that a tsunami of 1 yard hit at 6:02 p.m. (0902 GMT).

The Pacific Tsunami Warning Center said there was no risk of a widespread tsunami.

Miyagi prefectural police said there were no immediate reports of damage or injuries from the quake or tsunami, although traffic was being stopped in some places to check on roads.

Shortly before the earthquake struck, NHK television broke off regular programming to warn that a strong quake was due to hit. Afterward, the announcer repeatedly urged all near the coast to flee to higher ground.

The magnitude-9.0 earthquake and ensuing tsunami that slammed into northeastern Japan on March 11, 2011, killed or left missing some 19,000 people, devastating much of the coast. All but two of Japan's nuclear plants were shut down for checks after the earthquake and tsunami caused meltdowns at the Fukushima Dai-Ichi nuclear plant in the worst nuclear disaster since the 1986 Chernobyl disaster.

Immediately following Friday's quake, there were no problems at any of the nuclear plants operated by Fukushima Dai-Ichi operator Tokyo Electric Power Co., said a TEPCO spokesman, Takeo Iwamoto.

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Netflix says CEO’s Facebook post triggered SEC notice












SAN FRANCISCO (Reuters) – Netflix Inc said on Thursday securities regulators warned they may bring civil action against the company and its chief executive for violating public disclosure rules with a Facebook post, in a case that raises questions about how public companies communicate on social media.


The high-profile Silicon Valley CEO, Reed Hastings, dismissed the contention and said he did not believe the Facebook post was “material” information.












Hastings wrote in the post on the company’s public Facebook page on July 3: “Netflix monthly viewing exceeded 1 billion hours for the first time ever in June.” The post was accessible to the more than 244,000 subscribers to the page.


Netflix received what is known as a Wells Notice from the U.S. Securities and Exchange Commission, which means the SEC staff will recommend the full commission pursue either a cease-and-desist action and/or a civil injunction against Netflix and Hastings over the alleged violation.


Netflix may have run afoul of the SEC’s Regulation FD, adopted in 2000, which requires public companies to make full and fair public disclosure of material non-public information.


“We think posting to over 200,000 people is very public, especially because many of my subscribers are reporters and bloggers,” Hastings said on Thursday in a letter. He also said that he did not believe the Facebook posting was “material” information.


The SEC believes that figure is material information that should have been disclosed in a press release or regulatory filing, according to Hastings’ letter.


“We remain optimistic this can be cleared up quickly through the SEC’s review process,” said Hastings in the public letter to shareholders that the online video streaming company submitted alongside a regulatory filing citing the receipt of the “Wells Notice” from the SEC.


Netflix’s stock jumped from $ 67.85 a share on July 2, the day before Hastings’ post, to $ 81.72 on July 5. On July 25 its stock fell 22 percent to $ 60.28 when the company reported second-quarter earnings fell from $ 68.2 million a year earlier to $ 6.2 million this year.


“It’s totally disingenuous to say that his statement wasn’t material when the stock went from under $ 70 a share to more than $ 80 and the only data point was that post,” said Wedbush Securities analyst Michael Pachter.


REGULATORY GREY AREAS?


But legal and securities experts say the fast-changing world of social media leaves room for regulatory grey areas.


“The evolution of social media presents the SEC with some very interesting regulatory challenges. But if they’re worried about social media, there are ways for them to address that without threatening to sue Reed Hastings. They should have a rulemaking where they can ventilate these issues,” said Joseph Grundfest, former SEC commissioner and Stanford Law School professor.


“This situation has nothing to do with the problems that Regulation FD was designed to address.”


Joseph Marrow, an attorney at the Waltham, Massachusetts law firm Morse Barnes-Brown Pendleton, said there are conflicting views on what constitutes disclosure in circumstances like this, also noting the rules are not settled in this area.


“I would not suggest companies publish material non-public information on Facebook and Twitter without discussing it before with in-house counsel. Companies are putting together social media policies,” he said.


“If Netflix doesn’t have a policy, I bet they will have one very soon,” he said, adding the issue was unlikely to be serious enough to threaten Hastings’ position as CEO of Netflix, but could result in some type of financial penalty for the company.


Netflix shares fell 1.4 percent to $ 85 in after-hours trading on Thursday.


(Reporting by Ronald Grover and Sue Zeidler in Los Angeles Additional reporting by Alexei Oreskovic and Alistair Barr in San Francisco; Editing by Dan Grebler, Phil Berlowitz and Muralikumar Anantharaman)


Social Media News Headlines – Yahoo! News


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AP Interview: Jackson, cast discuss 'The Hobbit'


WELLINGTON, New Zealand (AP) — Many fans are eagerly anticipating a return to the fictional world of Middle-earth with next week's general release of the first movie in "The Hobbit" trilogy. Director Peter Jackson and the film's stars speak to The Associated Press about making "The Hobbit: An Unexpected Journey":


— Jackson on shooting at 48 frames per second instead of the standard 24: "We've seen the arrival of iPhones and iPads and now there's a generation of kids — the worry that I have is that they seem to think it's OK to wait for the film to come out on DVD or be available for download. And I don't want kids to see 'The Hobbit' on their iPads, really. Not for the first time. So as a filmmaker, I feel the responsibility to say, 'This is the technology we have now, and it's different ... How can we raise the bar? Why do we have to stick with 24 frames? ...'"


"The world has to move on and change. And I want to get people back into the cinema. I want to play my little tiny role in encouraging that beautiful, magical, mysterious experience of going into a dark room full of strangers, and being transported into a piece of escapism."


Martin Freeman (Bilbo Baggins) on shooting some scenes without other actors around: "I must admit I found the green screen and all that easier than I thought I would. ... I found the technical aspect of it quite doable. Some of it's difficult, but it's quite enjoyable, actually. It taps into when I used to play 'war' as a 6-year-old. And the Germans were all imaginary. Because I was playing a British person. So yeah, I was on the right side. ..."


On marrying his performance to that of Ian Holm, who played an older Bilbo Baggins in the "Lord of the Rings" trilogy: "I knew I couldn't be a slave to it. Because as truly fantastic as Ian Holm is in everything, and certainly as Bilbo, I can't just go and do an impression of Ian Holm for a year and a half. Because it's my turn. But it was very useful for me to watch and listen to stuff he did, vocal ticks or physical ticks, that I can use but not feel hamstrung by."


— Hugo Weaving (Elrond) on the differences in tone to the "Rings" trilogy: "This one feels lighter, more buoyant, but it's got quite profoundly moving sequences in it, too ... I think it's very different in many ways, and yet it's absolutely the same filmmaker, and you are inhabiting the same world."


— Elijah Wood (Frodo) on returning to Middle-earth in a cameo role: "It was a gift to come back ... what they'd constructed was such a beautiful remembrance of the characters from the original trilogy."


Cate Blanchett (Galadriel) on the toughest part of filming: "Trying to keep my children off the set."


Richard Armitage (Thorin Oakenshield) on being a 6-foot-2 guy playing a dwarf: "It's amazing how quickly you get used to it. And also, we spent most of the shoot much bigger than a 6-foot-2 guy. I mean, I had lifts in my shoes, I was wider, I was taller, and bigger-haired. And I actually think that was quite an interesting place to be, because I do think dwarfs have big ideas about themselves ..."


— Andy Serkis (Gollum) on taking on the additional role of second-unit director: "There were only a couple of times where there were really, really black days where I went away thinking, 'This is it. I can't do it.' But on the whole, Pete (Jackson) was so brilliant at allowing me to set stuff up and then critiquing my work ... but at least I would have my stab at it."


On the film itself: "I think it's a great story. I think it's a beautifully crafted film with great heart. A rollicking adventure, and it feels to me like this really massive feast that everyone will enjoy eating."


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John McAfee hospitalized in Guatemala, delaying his deportation









Tech pioneer John McAfee's deportation to Belize, where he is wanted for questioning in connection with a murder investigation, was delayed when he was hospitalized in Guatemala, according to the U.S. Embassy in that country.

McAfee, 67, was arrested Wednesday in Guatemala City on suspicion of entering the country illegally. He had crossed the border with a 20-year-old girlfriend he calls Sam and two writers from Vice magazine in tow.

He had been dodging Belize police for nearly a month after being named a person of interest in the shooting death of his neighbor Gregory Faull.





No warrant for McAfee's arrest has been issued in Belize, but he claimed that if he was captured by officials there he would be killed. The Guatemalan government had denied his requests for asylum, according to the Associated Press.

McAfee was moved from an immigration detention center in Guatemala to a police-run hospital Thursday afternoon after complaining that he had suffered chest pains overnight, the Associated Press said.

The U.S. Embassy in Guatemala confirmed that McAfee was in the hospital and that embassy officials had provided "standard consular services" to him, but spokesman John Hishmeh said he could not comment further.

"We're following it just as much as you all," Hishmeh said.

McAfee's lawyers said they planned to appeal the denial of asylum to Guatemala's constitutional court. The process could give the American expatriate another day or two in the country, and the court would have to issue a decision within 48 hours, the Associated Press said.

Belize police had expected McAfee to be flown back to that nation Thursday morning, police spokesman Raphael Martinez said. He said the police have been told there was a delay.

"It's just a wait-and-see now," Martinez said. "As soon as he is released, he will be escorted by [Guatemalan] authorities and he will be received at whatever border is determined. "He will then be taken into police custody for detention and questioning."

Throughout this saga, McAfee has been blogging. In a post Thursday titled "Urgent from John," he implored supporters to "please email the president of Guatemala and beg him to allow the court system to proceed, to determine my status in Guatemala."

At a hotel in Guatemala City on Wednesday night, just before authorities whisked him off in a black pickup truck, McAfee turned to a video camera, saying: "Guatemalan jails have beds, dude. And food. That's pretty awesome." The video was released by Vice magazine.

In a post from jail, McAfee said he had been provided "excellent coffee."

"I asked for a computer and one magically appeared," McAfee blogged from behind bars. He said his Guatemalan cell was "vastly superior" to Belize jails.

McAfee was arrested by Belize police in April and charged with weapons possession and unlicensed drug manufacturing. The charges were later dropped.

The ongoing saga has included McAfee's repeated claims that he is innocent and that Belize officials were persecuting him. Documenting the bizarre journey in a blog about life on the run, McAfee detailed a series of elaborate disguises he claimed he used to hide in plain sight, including tamale seller and Speedo-clad German tourist.

It's unclear whether the self-professed prankster was telling the truth, but the blog and a series of videos released by the two Vice writers following him has resulted in a media frenzy.

The software mogul made his fortune when his antivirus company McAfee Associates went public in 1992.

He sold his stock within two years for about $100 million. He subsequently lost millions on real estate investments, bad business ventures and bonds linked to Lehman Bros., he told the New York Times in 2009. At that time, his fortune had dropped to about $4 million.

chrisine.maiduc@latimes.com





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Baca shifts course on compliance with deportation program









Los Angeles County Sheriff Lee Baca has reversed his support for a controversial deportation program, announcing Wednesday that he will not comply with federal requests to detain suspected illegal immigrants arrested in low-level crimes.


The sheriff's dramatic turnaround came a day after California Atty. Gen. Kamala Harris issued a legal directive advising that compliance with the requests is discretionary, not mandatory.


Until then, Baca had insisted that he would honor the requests from U.S. Immigration and Customs Enforcement to hold some defendants for up to 48 hours. He was an outspoken opponent of the Trust Act, which would have required California law enforcement officials to disregard the requests in many cases, declaring that he would defy the measure if it passed.








Baca has also been sued by the American Civil Liberties Union for allegedly denying bail to immigration detainees.


Now, he appears ready to do more or less what was proposed in the Trust Act, which was vetoed by Gov. Jerry Brown in September.


The change of heart from Baca, a Republican in a heavily Democratic county, comes as GOP leaders are warming to immigration reform in an effort to counteract dismal support from Latino voters. Last month, Baca closed the 1,100-bed Mira Loma immigration detention center, which earned his agency up to $154 a day for each detainee, after contract negotiations with ICE broke down.


None of those considerations were at play, a Baca spokesman said. The sheriff's reversal was prompted solely by Harris' opinion, which contradicted advice from Los Angeles County attorneys that the requests were mandatory, said the spokesman, Steve Whitmore.


Baca joins Los Angeles Police Chief Charlie Beck, who announced a similar policy in October. San Francisco and Santa Clara counties also decline to honor some types of ICE holds.


The change may not take effect until early next year. Baca's staff must first flesh out the details of the new policy, which would apply only to those arrested in misdemeanors who do not have significant criminal records. The department would still honor federal detention requests for those accused of serious or violent crimes.


Under the federal Secure Communities program, all arrestees' fingerprints are sent to immigration officials, who flag suspected illegal immigrants and request that they be held for up to 48 hours until transfer to federal custody.


Secure Communities has come under fire for ensnaring minor offenders when its stated purpose is to deport dangerous criminals and repeat immigration violators. According to federal statistics, fewer than half of those deported in Los Angeles County since the program's inception in 2008 have committed felonies or multiple misdemeanors. Critics say immigrants have become fearful of cooperating with police.


"The last thing we want is victims to be frightened to come forward," Whitmore said.


ICE officials said Baca's new policy is in line with federal priorities and will affect only a "very small number" of cases.


"The identification and removal of criminal offenders and other public safety threats is U.S. Immigration and Customs Enforcement's highest enforcement priority," the agency said in a statement.


Immigrant rights advocates called Baca's announcement a long overdue breakthrough.


"This will send a very strong message nationwide that in ... the most multicultural city in the nation, the sheriff is there to protect and to serve, not to deport," said Jorge-Mario Cabrera, communications director for the Coalition for Humane Immigrant Rights of Los Angeles.


Supporters of the Trust Act, which was reintroduced in modified form by Assemblyman Tom Ammiano (D-San Francisco) earlier this week, said it is still necessary because detention policies should not vary by jurisdiction.


"It's imperative that California have a uniform statewide policy. It's essential that people not receive different treatment under the law as they're driving up and down the 5," said Chris Newman, legal director of the National Day Laborer Organizing Network.


Baca has not taken a position on the new Trust Act, which is likely to evolve during the legislative process, Whitmore said.


cindy.chang@latimes.com



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Individuality takes center stage at Grammys


Fun. helped break up the sound of dance and electronic music on Top 40 radio with its edgy pop-rock grooves. Frank Ocean made a bold statement in R&B — with an announcement about his sexuality and with his critically revered, multi-genre album, "channel ORANGE." And Mumford & Sons continued to bring its folk-rock swag and style to the Billboard charts with its sophomore album.


They all were rewarded Wednesday when The Recording Academy announced the nominees for the 2013 Grammy Awards.


Those acts, who scored the most nominations with six each, were joined by typical Grammy contenders like Jay-Z and Kanye West, who also got six nominations. The Black Keys' drummer, Dan Auerbach, is also up for six awards, thanks to his nomination for producer of the year. His band earned five nods, along with R&B singer Miguel and jazz pianist Chick Corea.


"It feels like alternative music is back," said fun. guitarist Jack Antonoff. His band's gold-selling "Some Nights" is up for album of the year, competing with Black Keys' "El Camino," Mumford & Sons' "Babel," Jack White's "Blunderbuss" and "channel ORANGE," the major label debut from Ocean.


Fun. is nominated in all of the major categories, including best new artist, and record and song of the year for its breakthrough anthem "We Are Young."


Ocean, whose mother attended the nominations special, scored nods in three of the top four categories. His song "Thinkin Bout You" — which he originally wrote for another singer — will compete for record of the year with Black Keys' "Lonely Boy" and four No. 1 hits: Taylor Swift's "We Are Never Ever Getting Back Together," ''Somebody I Used to Know" by Gotye and Kimbra, Kelly Clarkson's "Stronger (What Doesn't Kill You)" and "We Are Young" by fun.


Song of the year, too, features some No. 1 hits, including fun. and Clarkson's jams, as well as Carly Rae Jepsen's viral smash "Call Me Maybe." But then there's Ed Sheeran's "The A Team," a slow groove about a homeless prostitute, and Miguel's "Adorn," the R&B singer-songwriter's crossover hit.


"It's like one of those songs that wrote itself and I was the vessel," the 26-year-old said in an phone interview from New York City late Wednesday, where he performed with Trey Songz and Elle Varner.


While Miguel's excited to compete for song of the year, he's more thrilled about his sophomore album's nomination for best urban contemporary album, a new category that recognizes R&B albums with edge and multiple sounds.


"That's a huge complement to say that your entire body of work was the best of the year," he said of "Kaleidoscope Dream." ''That's the one that means the most to me. I'm really hoping maybe, just maybe."


Miguel, along with Gotye, Alabama Shakes and the Lumineers, is part of the pack of nominees who have showcased individuality and have marched to the beat of their own drum in today's music industry.


Though nominated albums by The Black Keys and Mumford & Sons are platinum-sellers, their songs are not regularly heard on Top 40 radio. Electronic and dance music, which has dominated radio airplay for a few years, were left out of the top awards this year. Also, One Direction — the boy band that released two top-selling albums this years and sold-out many arenas — was snubbed for best new artist.


Lionel Richie has one of the year's top-selling albums with his country collaboration collection, "Tuskegee," but he didn't earn any nominations. And Nicki Minaj, who released a gold-selling album this year and had a hit with "Starships," wasn't nominated for a single award.


Jay-Z and West dominated the rap categories, a familiar refrain at the Grammys. Nas scored four nominations, including best rap album for "Life Is Good." Jeff Bhasker, the producer behind fun.'s breakthrough album, also scored four nods.


Swift, who released her latest album, "Red," after the Grammy eligibility date, still scored three nominations, including two for "Safe & Sound" with The Civil Wars. Country acts were mainly left out of the major categories this year, though the genre usually has success at the Grammys. Aside from Swift's pop song competing for record of the year, there is 21-year-old Hunter Hayes, who is up for best new artist against fun., Ocean, Alabama Shakes and the Lumineers.


"I'm so proud to be, as you say, representing country music in the new artist category," said Hayes, who is also nominated for best country album and country solo performance. "I don't even feel worthy of saying that, but it's so cool for me to be able to say that."


Swift hosted the CBS special with LL Cool J and it featured performances by The Who and Maroon 5, who received multiple nominations.


The five-year-old nominations show spent its first year outside Los Angeles, making its debut in Nashville, Tenn., at the Bridgestone Arena. It marked the largest venue the show has been held in.


The 55th annual Grammy Awards take place Feb. 10 in Los Angeles.


___


Online:


http://www.grammys.com


___


AP Music Writer Chris Talbott and AP Writer Caitlin R. King in Nashville contributed to this report.


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The New Old Age Blog: How the 'Death With Dignity' Law Failed in Massachusetts

On election night, Jim Carberry and others who had worked to put a “Death With Dignity” law on the Massachusetts ballot gathered in the back room of a Waltham restaurant and watched their effort go down to narrow defeat.

“We were disheartened,” Mr. Carberry recalled. “For a lot of us, it was personal.”

His wife Margie, diagnosed with a rare brain tumor in 1995, had sought aggressive treatment for years – many surgeries and procedures, lots of radiation – hoping to see her younger daughter graduate from high school in 2011. She survived long enough to attend the ceremony. Then, with no medical options remaining, she asked to have her feeding tube removed. It took her five weeks to die. She was 51.

“I made her a promise that I would do whatever I could to keep other people from going through what we did,” said Mr. Carberry, who is 56. He gave endless media interviews and appeared in a TV ad with his mother-in-law, urging a yes vote on Question 2.

Question 2, which would have allowed doctors to prescribe drugs with which terminally ill patients could end their lives, drew less national attention than Elizabeth Warren’s Senate victory. But for those concerned with end-of-life decisions, Massachusetts was a major battle in an ongoing campaign.

Heading into election season, the volunteers and staffers who had collected signatures to put the law on the ballot could point to solid public approval. In August and September, polls by the Boston Globe, Suffolk University and others found 60 percent support or more.

By late October, however, Question 2 could no longer claim a majority. It lost by about 68,000 votes, a 51 to 49 percent defeat.

This was a fight its opponents felt they couldn’t afford to lose. “If the proponents could pass this in 40-percent-Catholic Massachusetts, they’d be running through the other states within five years,” said Joe Baerlein, whose public relations and lobbying firm Rasky Baerlein marshaled the opposition.

Its early research showed that Massachusetts residents believed in individual choice, and respect for others’ choices, about death and dying, Mr. Baerlein said. So the anti-Question 2 forces didn’t attack on direct moral or ethical grounds; instead, its ads took aim at certain provisions and how they were worded.

For instance, the proposed law — which included multiple safeguards and waiting periods to prevent impulsive requests, coercion or abuse — required a physician to “recommend” that a terminally ill patient notify his next of kin of his intent.

But it didn’t “require” family notification. “How would you feel if you came home and your mother had decided to take her life?” Mr. Baerlein said. “Voters couldn’t get their arms around that.”

The law also required a prescribing physician to refer a patient to a psychiatrist or psychologist “if the physician believes the patient may have a disorder causing impaired judgment,” like depression. But opposition ads criticized it for not mandating that a psychiatrist be one of the two physicians a patient had to consult.

Opponents also pointed out that medical prognoses — the law required that a patient be within six months of death — can be wrong. One ad, almost a counter to Dignity 2012’s spot featuring Mr. Carberry, showed a young widow whose husband lived a year and a half longer than expected. She was grateful he hadn’t “made a terrible decision based upon a doctor’s guess.”

“In the end, even if you believed you should control your end of life decision-making, there are too many flaws in the language,” Mr. Baerlein said.

To supporters, however, none of this parsing mattered nearly as much as money. They were vastly outspent.

The two groups pushing for Question 2 spent a little over $1 million this year, state finance records show, the bulk of which came from national groups like the Compassion and Choices Action Network and the Death With Dignity National Center.

The two major opposition groups spent close to $5 million, mostly on TV and radio ads in the campaign’s final weeks. “It’s a tactic they’ve used in other states, to blitz the airwaves with commercials,” said Peg Sandeen, who heads the Death With Dignity National Center.

Though some opposition money came from anti-abortion groups and the conservative American Principles Project (it gave $175,000, and its board chairman personally contributed $523,000), most came from Catholic organizations and archdioceses around the country, including $450,000 from the Knights of Columbus and $250,000 from the Archdiocese of Boston.

Supporters of Question 2 couldn’t counter that onslaught. “It’s so easy to scare people on this issue; that’s what happened in Massachusetts,” Ms. Sandeen said. “Fear-based arguments work.”

Data from the two states where physician-assisted suicide is legal shows that “slippery-slope” fears are probably overblown. Very few patients take advantage of death with dignity laws: Last year, just 114 people received lethal prescriptions in Oregon and 103 in Washington. In both states, about a third of those patients ultimately didn’t use the drugs.

It seems unlikely that any change in language could make an assisted-suicide law acceptable to the Catholic leadership.

But the campaign continues and so, undoubtedly, will the opposition. In neighboring Vermont, Gov. Peter Shumlin said last week he believes the legislature will pass a death with dignity law this session. In Massachusetts, Ms. Sandeen said, since supporters must wait until after 2016 to put the law on the ballot again, they will take their case to the legislature.

Mr. Carberry was ready to re-enlist. “I’d like to think that it’s not over,” he said.

Paula Span is the author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions.”

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Netflix buys exclusive rights to Disney movies









Netflix Inc. has acquired exclusive U.S. rights to movies from Walt Disney Studios in a deal that catapults the Internet video-on-demand service into direct competition with pay TV giants such as HBO and Showtime.


The three-year agreement takes effect in 2016 and is a blow to the pay channel Starz, which currently has the rights to broadcast Disney movies, including its Pixar animated films and Marvel superhero pictures, about eight months after they are released in theaters.


Starz's sole remaining movie provider is now Sony Pictures. That partnership ends in 2016.





VIDEO: Disney buys Lucasfilm - Mickey meet Darth Maul


Disney has also agreed to give Netflix nonexclusive streaming rights to more of its older titles — including "Dumbo," "Pocahontas" and "Alice in Wonderland" — starting immediately.


Netflix's chief content officer, Ted Sarandos, called the deal "a bold leap forward for Internet television."


"We are incredibly pleased and proud this iconic family brand is teaming with Netflix to make it happen," he said.


Netflix stock soared on the news, rising $10.65, or 14%, to $85.65.


Shares in Starz's parent company, Liberty Media Corp., fell $5.49, or 5%, to $105.56.


Currently, Netflix has nonexclusive rights to movies from Paramount Pictures, Lionsgate and Metro-Goldwyn-Mayer via a deal with pay channel Epix, as well as an array of library titles from other studios. Its only exclusive movie rights come from independent studios such as Relativity Media and DreamWorks Animation. It also has a wide variety of television reruns.


Sarandos and Netflix Chief Executive Reed Hastings have long said the company wanted to get exclusive pay TV rights to films from one of Hollywood's six major studios to boost its online entertainment service.


PHOTOS: Disney without Pixar


However, Hastings has also at times downplayed the importance of new movies. Netflix previously had streaming rights to Disney and Sony movies via a deal with Starz. In January, investors expressed their concerns that the pending disappearance of those movies would hurt the service. Hastings said in a letter to investors that Disney films accounted for only 2% of domestic streaming and the loss would not be felt.


Since then, though, the Disney movie slate has become more attractive. At that time, Netflix did not have access to movies from Disney's Marvel superhero unit or the "Star Wars" titles from its pending acquisition of Lucasfilm Ltd.


The end of the Starz agreement accelerated a trend that has seen Netflix evolve into a television company, with reruns of shows such as "Mad Men" accounting for about two-thirds of the content streamed by users.


With several original programs launching next year, including the Kevin Spacey political drama "House of Cards," and a direct connection to a growing number of Internet-enabled televisions, Netflix is on the verge of standing on par with many TV networks.


Netflix charges $8 a month for its streaming service, while premium cable networks such as HBO cost $13 to $18 a month, and that's on top of a monthly bill for other channels that typically exceeds $50. It remains to be seen whether the addition of Disney products and more original programming could lead Netflix to increase its price.


PHOTOS: Hollywood back lot moments


The Netflix spending spree could continue, with Sarandos telling Bloomberg News on Monday that his company would bid for rights to Sony movies when its Starz deal expires.


Netflix might have a tougher time wresting away the rights to Warner Bros., 20th Century Fox or Universal Pictures releases from their current deals with HBO, which like Warner is part of Time Warner Inc. Paramount, Lionsgate and MGM are almost certain to stick with Epix, of which the trio are co-owners.





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California's gay-conversion ban up in air after 2 judges disagree









SACRAMENTO — The fate of the state's new law banning gay-conversion therapy for underage Californians is uncertain after a federal judge said it may infringe on free-speech rights — and a second jurist disagreed.


U.S. District Judge William Shubb said Monday the law, set to take effect Jan. 1, may inhibit the 1st Amendment rights of therapists who oppose homosexuality. He issued an injunction barring the state from enforcing the measure against three plaintiffs who sued to block it, until he can make a broader ruling on its merits.


Within 24 hours, a second federal judge declined to interfere with the law in a separate case brought by other therapists and parents, who asserted that it violated free-speech, parental and religious rights. That action was immediately appealed.





Unless the appeal is granted, the law will take effect as scheduled, exempting the two therapists and aspiring therapist who won the injunction, according to the state attorney general's office.


Gay-rights groups defended the first-in-the-nation law that prohibits minors from being subject to therapies aimed at changing their sexual orientation from gay to straight.


"There are a number of other states looking to follow California's example with this law,'' said Shannon Minter, an attorney for the National Center for Lesbian Rights.


Minter's group is working with activists in New Jersey to make it the next state to ban controversial conversion practices, which employ techniques such as aversion therapy.


Clinton Anderson of the American Psychological Assn., among others, said there is no evidence that conversion therapy works. "Some of the people who went through it say the therapy made their lives worse,'' said Anderson, who added that depression increased for some.


Anderson said he did not know of other therapies banned by law. The practice of lobotomy was discontinued, but that was by a consensus of the profession, he said.


California's conversion-therapy ban, approved amid an intense lobbying campaign by gay-rights advocates, was one of the signature bills passed by the Legislature this year. Under the law, therapists who practice conversion therapy on minors risk loss of their licenses or other discipline by the state.


State Atty. Gen. Kamala D. Harris said she would continue to "vigorously'' defend the law as courts weigh its merits.


It is rare that two federal judges on the same district bench reach opposite conclusions on the same issues, legal analysts said.


"If two district court judges come out opposite ways, ultimately the 9th Circuit is going to have to resolve it," said UC Irvine Law School Dean Erwin Chemerinsky.


He said the outcome would depend on how the U.S. 9th Circuit Court of Appeals views the conversion therapy law. Doctors can't be prohibited from expressing their views to patients, but government may ban a medical procedure or treatment it believes is ineffective or dangerous, Chemerinsky said.


The plaintiffs before Shubb's Sacramento court are a licensed marriage therapist and ordained minister, a psychiatrist, and a former conversion therapy client who is studying to practice the technique on others. They are represented by the conservative Pacific Justice Institute.


"This victory sends a clear signal to all those who feel they can stifle religious freedom, free speech and the rights of parents without being contested," said institute President Brad Dacus.


Shubb wrote in his 38-page ruling that the law, by state Sen. Ted Lieu (D-Los Angeles), "likely… bans a mental health provider from expressing his or her viewpoints about homosexuality as part of … treatment."


The judge also found fault with evidence cited by proponents of the law that conversion therapy puts clients at risk of suicide and depression. He wrote that it is "based on questionable and scientifically incomplete studies that may not have included minors."


On Tuesday, U.S. District Judge Kimberly J. Mueller in Sacramento rejected a petition from three other therapists and some of their clients to block enforcement of the law.


Citing the opinions of 10 groups that conversion therapy doesn't work, Mueller ruled that the Legislature and governor had sufficient grounds to enact the ban. A study by a task force of the American Psychological Assn., she noted, found that conversion therapy can "pose critical health risks'' to those who undergo it.


"The findings, recommended practices and opinions of 10 professional associations of mental health experts is no small quantum of information,'' she wrote.


Mueller also said there is no fundamental right to choose a specific mental health treatment the state has reasonably deemed harmful to minors. Besides, she said, parents are free to seek such counseling through religious institutions as long as licensed therapists are not involved.


"The court need not engage in an exercise of legislative mind-reading to find the California Legislature and the state's governor could have had a legitimate reason for enacting SB 1172,'' Mueller wrote.


That decision was immediately appealed by the plaintiffs, including Encino psychologist Joseph Nicolosi, represented by the Florida-based Liberty Counsel, which represents conservative causes.


Lieu said he expects both cases to be decided in favor of his law.


"On behalf of the untold number of children who can expect to be spared the psychological abuse imposed by reparative therapy, I'm thrilled that today's ruling by Judge Mueller will continue to protect our children from serious harm," Lieu said in a statement.


patrick.mcgreevy@latimes.com


Times staff writers Evan Halper in Sacramento and Maura Dolan in San Francisco contributed to this report.





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Software guru McAfee says to seek asylum in Guatemala












GUATEMALA CITY (Reuters) – U.S. anti-virus software guru John McAfee, who is on the run from police in Belize seeking to question him in a murder probe, has crossed into Guatemala and said on Tuesday he will seek political asylum there.


McAfee has been in hiding for three weeks since police in Belize said they wanted to question him as “a person of interest” about the murder of fellow American Gregory Faull, with whom McAfee had quarreled.












McAfee smuggled himself and his girlfriend, Samantha, across the porous land border that Belize shares with Guatemala. He stayed at a hotel in a national park before heading for Guatemala City on Monday evening.


“I have no plans much for the future now. The reason I chose Guatemala is two-fold,” McAfee told Reuters by telephone from Guatemala’s Supreme Court, flanked by his lawyer, former attorney general and lawyer Telesforo Guerra.


“It is a country bordering Belize, it is a country that understands the corruption within Belize and most importantly, the former attorney general of the country is Samantha’s uncle and I knew that he would assist us with legal proceedings.”


McAfee has denied involvement in the murder and told Reuters on Monday he would not turn himself in. He posted repeatedly on his blog www.whoismcafee.com while on the run, describing how he would constantly change his disguise to elude capture.


On Tuesday, he appeared with his hair and goatee died black, and wearing a dark suit and tie – a far cry from the surfer-style blonde hair highlights, shorts and tribal-tattooed bare shoulders he sported in Belize.


“(Guerra) is now attempting to get political asylum for myself and for Sam. I don’t think there will be much of a problem. From here I can speak freely and safely,” McAfee said.


TECH GENIUS, “BONKERS”


McAfee says he believes authorities in Belize would kill him if he turned himself in for questioning. Belize’s prime minister has denied the claim and called the 67-year-old paranoid and “bonkers.”


On the Caribbean island of Ambergris Caye, where McAfee has lived for about four years, residents say he is eccentric, impulsive, erratic and at times unstable, with a penchant for guns and young women.


He would often be seen with armed bodyguards, pistols tucked into his belt, and McAfee’s neighbor had complained about the loud barking of dogs that guarded his exclusive beachside compound.


His run-in with authorities in Belize is a world away from a successful life in the United States, where he started McAfee Associates in 1989 and made millions of dollars developing the Internet anti-virus software that carries his name.


There was already a case against McAfee in Belize for possession of illegal firearms, and police had previously raided his property on suspicion he was running a lab to make illegal synthetic narcotics.


McAfee says he has been persecuted for refusing to donate money to politicians, that he loves Belize, and considers it his home.


Guatemala is a canny choice to seek refuge. It has long been embroiled in a territorial dispute with Belize. Guatemala claims the southern half of Belize and all of its islands, or cayes, rightfully belong to it. There is no extradition treaty between the two countries.


A Guatemalan government source said there was “no reason” to detain McAfee because there was no legal case against him pending in the country.


Harold Caballeros, Guatemala’s foreign minister, said his government was unaware of any arrest warrant and would study McAfee’s asylum request once presented, saying its success would “depend on the arguments.”


Guerra told Reuters McAfee would return to Belize once his situation in Guatemala was made legal, citing the fact he had crossed into the country illegally to avoid capture by police in Belize.


“He can go to the United States, there is no problem with that,” he added. “We have asked the U.S. embassy for support with our (asylum) request.”


He said the asylum request would be formally presented on Wednesday.


The U.S. Embassy in Guatemala City said in a statement McAfee would have to work within the country’s legal framework, but declined to elaborate. “The embassy does not comment on the actions of American citizens, due to privacy considerations.”


(Reporting by Simon Gardner and Gabriel Stargardter; Editing by Kieran Murray and Eric Walsh)


Internet News Headlines – Yahoo! News


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Cashing in on Gangnam Style's YouTube fame


SEOUL, South Korea (AP) — As "Gangnam Style" gallops toward 1 billion views on YouTube, the first Asian pop artist to capture a massive global audience has gotten richer click by click. So too has his agent and his grandmother. But the money from music sales isn't flowing in from the rapper's homeland South Korea or elsewhere in Asia.


With one song, 34-year-old Park Jae-sang — better known as PSY — is set to become a millionaire from YouTube ads and iTunes downloads, underlining a shift in how money is being made in the music business. An even bigger dollop of cash will come from TV commercials.


From just those sources, PSY and his camp will rake in at least $7.9 million this year, according to an analysis by The Associated Press of publicly available information and industry estimates. But for online music sales in South Korea, he'll earn less than $60,000.


Here's how it works.


YOUTUBE


"Gangnam Style" with its catchy tune and much imitated horse-riding dance is the most-watched video on YouTube ever.


The viral video has clocked more than 880 million YouTube views since its July release, beating Justin Bieber's "Baby," which racked up more than 808 million views since February 2010. PSY's official channel on YouTube, which curates his songs and videos of his concerts, has nearly 1.3 billion views.


TubeMogul, a video ad buying platform, estimates that PSY and his agent YG Entertainment have raked in about $870,000 as their share of the revenue from ads that appear with YouTube videos. The Google Inc.-owned video service keeps approximately half.


PSY and YG Entertainment also earn money from views of videos that parody his songs.


Google detects videos that use copyrighted content. Artists can have the video removed or allow it to stay online and share ad revenue with YouTube. In the last week of September when "Gangnam Style" had around 300 million views, more than 33,000 videos were identified by the content identification system as using "Gangnam Style."


But since YouTube can be accessed from all over the world, wouldn't Asia be responsible for a significant chunk of the $870,000? The countries with the second and third-highest views of the video are Thailand and South Korea.


"Ads rates vary depending on which country the video is played. Developed countries have higher ad rates and developing countries lower," said Brian Suh, head of YouTube Partnership in Seoul.


And the country with the most views of "Gangnam Style?" The United States.


LEGAL DOWNLOADS, CDs


"Gangnam Style" has been downloaded 2.7 million times in the U.S. and has been the No. 1 or No. 2 seller for most weeks since its debut, according to Nielsen SoundScan.


The song sells for $1.29 on Apple's iTunes Store, the market leader in song downloads. Apple generally keeps about 30 percent of all sales, so the PSY camp could be due more than $2.4 million.


How much PSY keeps and how much goes to his managers, staff and record label is unclear. South Korean industry insiders said PSY likely gets 70 percent and YG Entertainment 30 percent for U.S. downloads.


But earnings from downloads in PSY's homeland are far from an embarrassment of riches.


South Koreans pay less than $10 a month for a subscription to a music service that allows them to download hundreds of songs or have unlimited access to a music streaming service. That makes the cost of a downloaded song about 10 cents on average. The average price for streaming a song is 0.2 cent.


PSY's cut for downloads is 14 percent. That falls to 7.5 percent for streamed songs. Yes, 7.5 percent of 0.2 cent. And that's before PSY's "Gangnam Style" co-composer take his share. The biggest cut goes to his agent and online retailers.


According to South Korea's national Gaon Chart, "Gangnam Style" was downloaded more than 3.6 million times and streamed around 40 million times as of November. That adds up to a little more than $61,000.


It's likely the fast fading music CD industry generated even smaller revenue. PSY's 9 percent cut from sales of 102,000 CDs in South Korea would earn him $50,000 or more, according to an estimate by Kim Dong-hyun, a senior manager at Korea Music Copyright Association.


As for many other parts of Asia, illegal downloads and pirated CDS are so pervasive that only a small minority are willing to pay up for the legal versions.


TV COMMERCIALS


PSY has been jetting around the world, performing on shows such as "The X-Factor Australia" and NBC's "Today Show," but such programs usually cover travel costs and not much else, said Gary Bongiovanni, editor-in-chief of concert trade magazine Pollstar.


It is television commercials that are the big money spinner for the most successful of South Korea's K-pop stars. PSY has been popping up in TV commercials in South Korea for top brands such as Samsung Electronics and mobile carrier LG Uplus.


Chung Yu-seok, an analyst at Kyobo Securities, estimates PSY's commercial deals would amount to 5 billion won ($4.6 million) this year.


The money is cool. The products not so much. PSY is now the face of a new Samsung refrigerator and a major noodle company.


THE FAMILY


A fact little known outside South Korea is that PSY's father, uncle and grandmother own a combined 30 percent of DI Corp., a company which makes equipment that semiconductor companies use to make computer chips.


It's a stretch to plausibly explain how the success of "Gangnam Style" will boost DI's profits but that doesn't matter to the South Korean stock market. Perhaps inspired by the pure power of pop, DI shares surged eightfold from July after PSY's hit reached No. 2 on the Billboard Hot 100 and No. 1 on the U.K. singles chart.


It was time to cash in for PSY's grandmother, who sold 5,378 shares for about $65,000.


The share price has fallen since then but is still about double what it was before the release of "Gangnam Style."


PSY's agent YG Entertainment has also done well. Its share price is up about 30 percent since mid-July. The value of CEO Yang Hyun-suk's stake has swelled to about $200 million, making him among the richest in South Korea's entertainment industry.


THE FUTURE


The question now hanging over PSY is whether he will replicate the blockbuster success of "Gangnam Style" or end up remembered as a one-hit wonder.


"When this slows down, what comes next for PSY?" said Nielsen analytics vice president David Bakula. "Is it the evolution of a new musical style, something audiences are going to be craving en masse, or is it something that's just a passing fancy?"


Analysts say "Gangnam Style" alone will not be enough to propel PSY into the ranks of musicians such as Adele and may not even be enough to make him the top-grossing K-pop star. That will depend largely on his upcoming album, which PSY said will be released in March.


___


Ryan Nakashima contributed to this report from Los Angeles.


Youkyung Lee can be reached via Twitter: www.twitter.com/YKLeeAP


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The New Old Age Blog: For the Old, Less Sense of Whom to Trust

There’s a reason so many older people fall for financial scams, new research suggests. They don’t respond as readily to visual cues that suggest a person might be untrustworthy, and their brains don’t send out as many warning signals that ignite a danger ahead gut response.

The research, published Monday in the Proceedings of the National Academy of Sciences, is the first to show that older adults’ vulnerability to fraud may be rooted in age-related neurological changes.

Specifically, researchers from the University of California, Los Angeles, found that an area in the brain known as the anterior insula was muted when older people looked at photographs of suspicious-looking individuals. This part of the brain activates gut-level feelings that help individuals interpret the reliability of other people and assess potential risks and rewards associated with social interactions.

In one part of the U.C.L.A. study, both younger and older adults were asked to evaluate the trustworthiness of people portrayed in 60 photographs while undergoing brain scans. When the younger adults (21 altogether, from 23 to 46 years of age) labeled a person “not trustworthy,” their anterior insulas lit up. But this wasn’t true for older adults (23 altogether, age 55 to 80).

“The warning signals that convey a sense of potential danger to younger adults just don’t seem to be there for older adults,” said Shelley Taylor, the lead researcher and a psychology professor at U.C.L.A.

In another part of the study, researchers asked 119 older adults (55 to 84 years old) and 24 younger adults (age 20 to 42) to rate people in photographs as trustworthy, neutral or untrustworthy. Signs they were potentially untrustworthy included people with insincere smiles, averted gazes and postures that “leaned away” rather than toward the camera, among others, Dr. Taylor said.

Older adults were equally adept at identifying people judged to be trustworthy or neutral, but much more likely to miss signs of those who may be untrustworthy and view suspicious-looking people as approachable, the study found.

“We believe what’s going on is that older adults have a bias toward positive emotional experience and this keeps them from recognizing negative cues,” Dr. Taylor said.

This so-called “positivity effect” has been documented through research by Laura Carstensen, a professor of psychology and public policy at Stanford University, and it explains why older adults are, on the whole, happier than younger adults.

Asked to comment about the new study, Ms. Carstensen said in an e-mail that it was “very well done,” and observed that for older adults, “there are likely many benefits of looking on the bright side. However, there are likely some contexts where looking away from the negative and focusing on the positive is not good,” including financial scams and fraud.

Alexander Todorov, a professor of psychology at Princeton University, called the findings “interesting,” but warned that “there is an implicit assumption that these trustworthiness evaluations based on facial appearance are accurate. This is far from clear.”

Dr. Taylor became acutely aware of financial fraud practiced on the elderly almost 20 years ago when her elderly father handed $17,000 to two men who approached him on the street and walked with him to his bank.

“I got descriptions of the two men from someone who lived nearby — one had few teeth, both were dressed in a slovenly manner, and they’d been seen sleeping in doorways and were using the drug rehab center nearby,” the professor explained in an e-mail.

In other words, they would have been viewed skeptically by most people, but weren’t seen in that light by Dr. Taylor’s father.

Statistics show that financial exploitation of the elderly is on the rise. According to a study published last year by the MetLife Mature Market Institute and the National Committee for the Prevention of Elder Abuse, elder financial abuse — everything from fraudulent sweepstakes to bank accounts emptied out by guardians — totaled $2.9 billion in 2010, a 12 percent increase from only two years before.

Earlier this year, the Government Accountability Office weighed in on the issue, noting the inadequacy of existing safeguards and calling for a new national strategy to address the problem.

On Tuesday my colleague Paula Span wrote about a just-published consumer guide, “Protect Your Pocketbook,” intended for older adults and families who wanted to understand what put them at risk, how to prevent fraud, and where to turn for help.

As for Dr. Taylor, she advises that seniors never agree on the spot to a phone offer or a pitch from a door-to-door salesman. “Either hang up or wait and get someone else involved in your life to evaluate what’s being presented,” she said.

With financial fraud, almost half the time seniors end up being taken in by a caretaker or someone posing as a friend. “Make absolutely sure that you’ve carefully checked out the people taking care of an older relative,” or any “surprising new friend” that you’ve never heard of before that’s now on the scene, she tells family members.

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Netflix buys exclusive rights to Disney movies









Netflix Inc. has acquired exclusive U.S. rights to movies from Walt Disney Studios in a deal that catapults the Internet video-on-demand service into direct competition with pay TV giants such as HBO and Showtime.


The three-year agreement takes effect in 2016 and is a blow to the pay channel Starz, which currently has the rights to broadcast Disney movies, including its Pixar animated films and Marvel superhero pictures, about eight months after they are released in theaters.


Starz's sole remaining movie provider is now Sony Pictures. That partnership ends in 2016.





VIDEO: Disney buys Lucasfilm - Mickey meet Darth Maul


Disney has also agreed to give Netflix nonexclusive streaming rights to more of its older titles — including "Dumbo," "Pocahontas" and "Alice in Wonderland" — starting immediately.


Netflix's chief content officer, Ted Sarandos, called the deal "a bold leap forward for Internet television."


"We are incredibly pleased and proud this iconic family brand is teaming with Netflix to make it happen," he said.


Netflix stock soared on the news, rising $10.65, or 14%, to $85.65.


Shares in Starz's parent company, Liberty Media Corp., fell $5.49, or 5%, to $105.56.


Currently, Netflix has nonexclusive rights to movies from Paramount Pictures, Lionsgate and Metro-Goldwyn-Mayer via a deal with pay channel Epix, as well as an array of library titles from other studios. Its only exclusive movie rights come from independent studios such as Relativity Media and DreamWorks Animation. It also has a wide variety of television reruns.


Sarandos and Netflix Chief Executive Reed Hastings have long said the company wanted to get exclusive pay TV rights to films from one of Hollywood's six major studios to boost its online entertainment service.


PHOTOS: Disney without Pixar


However, Hastings has also at times downplayed the importance of new movies. Netflix previously had streaming rights to Disney and Sony movies via a deal with Starz. In January, investors expressed their concerns that the pending disappearance of those movies would hurt the service. Hastings said in a letter to investors that Disney films accounted for only 2% of domestic streaming and the loss would not be felt.


Since then, though, the Disney movie slate has become more attractive. At that time, Netflix did not have access to movies from Disney's Marvel superhero unit or the "Star Wars" titles from its pending acquisition of Lucasfilm Ltd.


The end of the Starz agreement accelerated a trend that has seen Netflix evolve into a television company, with reruns of shows such as "Mad Men" accounting for about two-thirds of the content streamed by users.


With several original programs launching next year, including the Kevin Spacey political drama "House of Cards," and a direct connection to a growing number of Internet-enabled televisions, Netflix is on the verge of standing on par with many TV networks.


Netflix charges $8 a month for its streaming service, while premium cable networks such as HBO cost $13 to $18 a month, and that's on top of a monthly bill for other channels that typically exceeds $50. It remains to be seen whether the addition of Disney products and more original programming could lead Netflix to increase its price.


PHOTOS: Hollywood back lot moments


The Netflix spending spree could continue, with Sarandos telling Bloomberg News on Monday that his company would bid for rights to Sony movies when its Starz deal expires.


Netflix might have a tougher time wresting away the rights to Warner Bros., 20th Century Fox or Universal Pictures releases from their current deals with HBO, which like Warner is part of Time Warner Inc. Paramount, Lionsgate and MGM are almost certain to stick with Epix, of which the trio are co-owners.





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Chino Hills seeks to close home used by pregnant Chinese women









A Chino Hills residence allegedly housing women from China who want to give birth to U.S.-citizen children is on the verge of being shut down by the city after complaints about traffic and a sewage spill.


The home is on a hilltop at the end of a long driveway on Woodglen Drive, an area zoned for single family houses. City officials have issued a cease and desist order, alleging that the site is being used as a hotel in a rural residential zone. They plan to take the property owner to court.


"Who the customer base is, is not our concern," said city spokeswoman Denise Cattern. "Our concern is that it's a hotel."








A website that city officials believe is associated with the business describes a full range of services, from shopping trips for pregnant women to assistance obtaining American passports for newborns.


A 30-day stay at the Chino Hills facility, along with a month of prenatal care, costs $10,500 to $11,500, according to the Chinese-language website, www.asiamchild.com.


Asiam Child is based in Shanghai, with branches in Anhui province and Nanjing, the website says.


The property owner, Hai Yong Wu, did not return a call seeking comment. A man who left the hotel in a black BMW on Monday afternoon would not speak to reporters.


So-called birth tourism appears to be an active but largely under-the-radar industry in Southern California. One local Chinese phone book has five pages of listings for birthing centers, where women from China and Taiwan stay for a month or so before going home with their U.S.-citizen babies. When the children get older, they may return here to study, perhaps paving the way for the rest of the family to immigrate more easily.


In San Gabriel last year, code enforcement officials shut down a facility where about 10 mothers and seven newborns were staying.


Federal immigration officials say there is no law prohibiting pregnant women from entering the U.S. But obtaining a visa through fraud would be a crime, said Virginia Kice, a spokeswoman for U.S. Immigration and Customs Enforcement.


Chino Hills officials have notified federal authorities about the residence. Kice said she could not confirm whether ICE is investigating.


Neighbors report seeing groups of pregnant women walking along the quiet cul de sac. Cars from the residence sometimes drive down the street at unsafe speeds, they said.


In addition to the single-family zoning violation, the city has cited the owner for allegedly constructing additional rooms without a permit. A sewage spill estimated at 2,000 gallons also prompted a cease and desist order.


"It would be nice to have my neighborhood back. It was a quiet little street," said neighbor Sonya Valez.


On Saturday, a group called Not in Chino Hills staged a street-corner protest against the site.


"They go back," said Rossana Mitchell, a co-founder of the group. "They don't pay taxes, they don't assimilate."


cindy.chang@latimes.com





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Yahoo sees several flaws in $2.7 billion Mexico ruling: source












SAN FRANCISCO (Reuters) – Yahoo Inc believes it has “numerous” grounds to appeal a Mexico City civil court‘s $ 2.7 billion preliminary judgment against the company, including both errors in procedure and in application of law, a person familiar with the matter told Reuters on Monday.


The ruling in the case, which involves allegations of breach of contract related to an online yellow pages listings service, was made by the 49th Civil Court of the Federal District of Mexico City, Yahoo said on Friday.












The case has perplexed many investors and tech-industry observers since Yahoo disclosed it, particularly given the large value of the “non-final” judgment.


The lawsuit was brought by Worldwide Directories S.A. de C.V. and Ideas Interactivas S.A. de C.V. against Yahoo and Yahoo de Mexico, Yahoo said.


The companies could not be reached for comment, although Carlos Bazan-Canabal, who describes himself as a founder of Worldwide Directories, told Reuters via email that he had contracted a U.S.-based law firm to handle the Yahoo case.


He declined to comment further on the matter.


Bazan-Canabal operates a number of web sites. He said on one that he joined Yahoo in 1999, adding that he is a former executive of Yahoo Mexico, and that he helped to launch that company. Yahoo could not immediately be reached for comment on this.


The details of the suit remained unclear on Monday. Documents from local courts in Mexico are not available for public consultation. Yahoo declined to comment.


Yahoo signed a commercial relationship with the two companies in 2002, the person familiar with the matter said. Yahoo terminated the relationship with the companies in 2009, the person said.


Yahoo’s appeal is expected to be heard by a panel of three judges in a superior court in Mexico City, the person said who was not authorized to speak publicly on the matter. It was not clear when Yahoo might file its appeal.


Yahoo’s most recent 10Q filing, which lists major ongoing legal proceedings, makes no mention of the lawsuit.


“We believe the $ 2.7 billion figure appears high based on the seemingly small size of Yahoo’s business in Mexico, but we believe shares could trade off modestly on the news,” wrote JP Morgan analyst Doug Anmuth in a note to investors following Friday’s announcement.


“It’s not clear how the Mexican court arrived at the $ 2.7 billion figure, but it would represent 40 percent of our projected 2012 year-end cash balance for Yahoo,” and equate to about $ 2.30 per share, he wrote.


Shares of Yahoo closed Monday’s regular session down 1.2 percent, or 22 cents, at $ 18.55.


(Additional reporting by Dave Graham in Mexico City and Sarah McBride in San Francisco; Editing by Bernard Orr)


Tech News Headlines – Yahoo! News


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Court upholds $319M verdict in 'Millionaire' case


LOS ANGELES (AP) — A federal appeals court on Monday upheld a $319 million verdict over profits from the game show "Who Wants to Be a Millionaire" and rejected Walt Disney Co.'s request for a new trial.


A jury decided in 2010 that Disney hid the show's profits from its creators, London-based Celador International. The ruling Monday by a three-judge panel of the 9th U.S. Circuit Court of Appeals found no issues with the verdict or with a judge's rulings in the case.


"I am pleased that justice has been done," Celador Chairman Paul Smith said in a statement.


Disney did not immediately comment on the decision.


The ruling comes more than two years after the jury ruled in Celador's favor after a lengthy trial that featured testimony from several top Disney executives. The company sued in 2004, claiming Disney was using creative accounting to hide profits from the show, which first ran in the United States from August 1999 to May 2002 and was a huge hit for ABC.


The jury found that Celador was owed $269.2 million, and a judge later added $50 million in interest to the judgment.


The appeals court determined the verdict was not "grossly excessive or monstrous" and that it was not based on speculation or guesswork.


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The New Old Age Blog: On the Alert for Fraud

Unlike some forms of elder abuse, financial exploitation leaves no visible scars. It is under-reported and hard to prosecute. Adding to the tangled dynamics, the abuser is frequently a family member, increasing the victim’s humiliation and denial.

Better by far to try to prevent financial abuse before it wipes out an older person’s assets and hopes for a secure retirement. Though this has proved easier in theory than in practice — most authorities believe financial exploitation and abuse is actually increasing — vigilance represents a crucial first step.

The National Center on Elder Abuse and the Eldercare Locator (the federal service that helps older adults and caregivers find local programs and agencies) have just published “Protect Your Pocketbook,” a brief consumer guide for families and their older relatives. It maps out risk factors, warning signals and prevention strategies and tells where to turn for help.

You can download it from the Web  or order it online through the Eldercare Locator Web site. Or you can call the Locator at 1-800-677-1116 and ask to have a copy mailed to you.

Holidays, when so many adult children head “home,” tend to spur campaigns of this sort: attempts to integrate potentially painful conversations and questions with feasts and gifts.

I have always wondered about the timing of these discussions — first the pies, then the questions about unexplained bank withdrawals and credit card bills? But it is true that our elders can sound dandy during weekly phone calls, then surprise us with their frailty and their struggles when we are there in person to witness them.

Financial abuse, which I have written about before (see scam prevention advice here, along with a sad story), is only part of the picture, but it is a vital issue.

Apart from the advice in the brochure, we would appreciate hearing from readers who have tackled this problem and can tell us what has worked and what hasn’t.


Paula Span is the author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions.”

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A new brand of cyber security: hacking the hackers









WASHINGTON — As head of the FBI's cyber crimes division, Shawn Henry often had to deal with exasperated company executives after his agents informed them that their networks had been hacked and their secrets pilfered.


"By whom?" the company officials would ask. "What have they taken? Where did it go?"


"Sorry," Henry's agents had to reply, "that's classified."





Even though the FBI in many cases had evidence the attacker had been backed by a foreign intelligence agency, agents couldn't disclose it because the U.S. government believed doing so could compromise top-secret sources and methods.


Henry, 50, decided this year that such a dichotomy shouldn't put companies at such a disadvantage. So after 24 years of service, he left the FBI to become president of CrowdStrike, an Internet security start-up in Irvine.


His new mission: to make life difficult for hackers trying to attack American institutions.


CrowdStrike is at the forefront of a new business model for cyber security, one that identifies sophisticated foreign attackers trying to steal U.S. intellectual property and uses the attackers' own techniques and vulnerabilities to thwart them.


The firm is marketing itself as a private cyber intelligence agency, staking out networks to catch infiltrators, assembling dossiers on hackers and fooling intruders into stealing bogus data.


In the process, the firm has waded into a debate about how far companies should go in defending themselves from cyber attack.


"The traditional way of trying to defend your network is just not going to cut it. You have to do something different," said Irving Lachow, who directs the Program on Technology and National Security at the Center for a New American Security.


"One way is to engage the adversary. CrowdStrike represents a new breed of company that is focused on doing exactly that," he said.


When somebody is shooting at you, "you don't ask, 'Is that a 9-millimeter or a .45,'" said CrowdStrike Chief Executive George Kurtz. "You ask: 'Who is shooting at me and why are they shooting at me?'"


The attackers often breach company networks using a tactic known as spear phishing, a practice that gets an employee to download a malware file by disguising it, for example, in an email purporting to be from someone the worker knows. Firewalls and anti-virus software are almost useless against such techniques.


So CrowdStrike uses decoys to lure hackers into a controlled environment so investigators can watch and trace the attack. Sometimes the company feeds hackers false information, as in a case recently when a client was entering negotiations in China and expected to be hacked.


CrowdStrike, which employs Chinese linguists and former U.S. government cyber warriors, also has identified Chinese hackers using clues in their malware. It then profiles them — complete with real names and photos — using information gathered from a variety of sources.


That has helped the company, for example, identify a Chinese hacker who targets financial institutions and tends to seek merger and acquisition information. The company assigned the hacker a code name, Capital Panda, in the profile.


Profiles enable a more targeted defense by helping CrowdStrike know when an attacker is likely to strike, how he communicates, what malware he uses and how he tries to take the stolen data.


Kurtz, a former chief technology officer at security firm McAfee Inc., started CrowdStrike in February with fellow McAfee alum Dmitri Alperovitch and $26 million in financing from private equity firm Warburg Pincus.


Alperovitch rose to prominence last year when he wrote a white paper on what he called Operation Shady Rat, a series of state-sponsored cyber penetrations of more than 70 government agencies, companies and institutions. He didn't say publicly the intrusions came from China, but that was obvious to other experts.


China denies engaging in cyber espionage. U.S. intelligence officials said hackers sponsored by China and, to a lesser extent, Russia, are responsible for what Gen. Keith B. Alexander, director of the National Security Agency, has called "the greatest transfer of wealth in history" by siphoning bid documents, formulas, business plans and other intellectual property from Western companies.





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San Diego mayor leaves office with his legacy intact









SAN DIEGO — On his last full day as mayor of San Diego, Jerry Sanders did something Sunday that took him back four decades.


He rode with a police officer assigned to the 2 p.m. to midnight shift patrolling downtown. In the mid-1970s, fresh out of San Diego State, Sanders was a rookie officer assigned to that same beat.


"I came in in a police car, I'm going out in a police car," Sanders, 62, had said with a laugh last week as he stood outside one of his signature achievements of his seven years as mayor: a new central library under construction.





A Republican in a city where Democrats hold a voter-registration edge and control the City Council, Sanders, who rose from beat cop to chief in his 26 years at the Police Department, has governed through relentless attempts at consensus and a deceptively low-key style that leans on sharing credit whenever possible.


Ask about the library project and Sanders says, "The library commission wouldn't take no for an answer."


Ask about his role in calming civic nerves during the 2007 wildfire that raged for days and destroyed hundreds of homes — a mayoral effort that led the local newspaper to compare him favorably to Rudy Giuliani after 9/11 — and Sanders mentions the help provided by two county supervisors.


Ask about his management style and he says he prefers to hire good people and then stay out of their way, but some who have worked with him point out that he watches even tiny details of important efforts.


Outside San Diego, Sanders may be remembered best for breaking with the GOP to endorse same-sex marriage, explaining that his daughter, a lesbian, should be free to marry someone she loves. He then campaigned against Proposition 8 and later went to Washington to join other — mostly Democratic — mayors to lobby Congress to repeal a law that defines marriage as between a man and woman.


In San Diego, his legacy includes guiding the city back from the precipice of its worst financial debacle in history through a series of politically controversial cutbacks in city services and then hard bargaining with labor unions that led to a salary freeze, reduction in health benefits for retirees, increased payments by employees to the pension fund and the end to guaranteed-benefit pensions for new hires.


Although the city's financial future, like that of other cities, remains uncertain, San Diego appears to be ahead of other cities, including Los Angeles, in dealing with the common problem of spiraling pension deficits.


"He did steady the local ship of state," said Steve Erie, political science professor at UC San Diego. "Whether he actually turned it around is another question."


Sanders lists the new library, the planned expansion of the waterfront convention center and the plan to remodel the core of Balboa Park as among his proudest achievements. All three faced opposition; the convention center and park plans are being fought in court.


"This isn't a hard city to govern," he said, "but it's very hard to get consensus."


One of his disappointments is the failure to put together a project to build a new stadium for the San Diego Chargers and keep the NFL franchise from leaving the city.


The Chargers issue, in which the public wants the team to remain in San Diego but does not want to spend public money for a stadium, will now be left to Sanders' successor, Bob Filner, 70, a Democrat who left a safe seat in Congress to run to replace the termed-out Sanders. Filner will be sworn into office Monday.


Although he was reelected easily in 2008, voters in 2010 turned down his request for a half-cent boost in the sales tax, which Sanders said was desperately needed to avoid additional cuts in city services. "We gave voters the opportunity," he said.


In style, Filner and Sanders are opposites: Filner is confrontational; Sanders usually isn't. Sanders appears without ego; Filner is different.


"I tell Bob that he's the most obnoxious individual I've met and that's what I like about him," Sanders said.


Lest anyone think of him as a rhetorical milquetoast, it bears remembering that, during the 2008 reelection campaign, he turned to an opponent and directed a two-word obscenity at him.


Sanders was an anomaly as a politician when he was elected in 2005 to replace Dick Murphy, who resigned amid criticism over the pension deficit. Sanders had never before run for public office, although he was a well-known public figure after six years as the highly regarded police chief.


As chief, he expanded the city's "community oriented policing" style that emphasized close collaboration between the police and neighborhood groups.


Retiring from the city in 1999, he served as chief executive of the local United Way and as president of the local Red Cross chapter — arriving when both organizations were beset by personnel turmoil and financial problems.


Sanders and his wife, Rana Sampson, will soon depart for a long-delayed vacation to Italy. Sampson retired Friday as vice president for development and marketing for the San Diego Center for Children, which provides educational and mental health services for at-risk youth.


Upon the couple's return to San Diego, Sanders will become president and chief executive of the San Diego Regional Chamber of Commerce.


But first was that final shift as a beat cop downtown, asking people what help they need and providing a reassuring presence that says San Diego is a good place to live.


"Best job I ever had," Sanders said.


tony.perry@latimes.com





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