Hedge fund manager Einhorn takes Apple campaign to shareholders






SAN FRANCISCO (Reuters) – Hedge fund manager David Einhorn, who is battling Apple Inc in court as part of a wider effort to get the iPhone-maker to share more of its cash pile, will now make a direct appeal to the company’s shareholders.


He will host a conference call on Thursday to argue the merits of distributing perpetual preferred stock — his favored way of rewarding shareholders.






Einhorn’s $ 8 billion Greenlight Capital is seeking an injunction to block a February 27 shareholders’ vote on “Proposal 2″ in Apple‘s proxy statement, which would abolish a system for issuing preferred stock at its discretion.


Apple declined to comment on Einhorn’s plan to appeal directly to shareholders. Chief Executive Tim Cook last week dismissed the lawsuit as a “silly sideshow”.


But Cook said the idea of issuing preferred stock was creative and one that Apple’s board was carefully considering, while it ponders other ways to share its $ 137 billion in cash and securities — something Wall Street investors have been seeking for years.


But even as the hedge fund star tries to rally Apple shareholders to his cause, the Nathan Cummings Foundation, which says it has been a limited partner of Greenlight’s through its endowment, said it was “dismayed” that Einhorn was suing Apple to prevent a vote on Proposal 2.


“We very much oppose your decision to enjoin the 2013 annual meeting and the vote on Resolution #2,” Simon Greer, president and CEO of the foundation, said in a letter to Einhorn that was obtained by Reuters.


In response, Greenlight said in a statement: “This is a former investor who redeemed. We wish them well.”


Greer however said later in an emailed statement that the foundation remained an investor with Greenlight through a “pooled fund”, without elaborating.


(Editing by Edwina Gibbs and Stephen Coates)


Tech News Headlines – Yahoo! News





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One Direction Parties Into the Wee Hours Before Releasing Charity Single















UPDATED
02/21/2013 at 03:00 PM EST

Originally published 02/21/2013 at 02:30 PM EST







One Direction


John Marshall/Invision/AP


There's never a dull moment for One Direction!

It was a big night for the boy band on Wednesday, when the heartthrobs attended the BRIT Awards.

After performing their new single "One Way or Another (Teenage Kicks)" to benefit Comic Relief – a new version of Blondie's hit song – Harry Styles, Louis Tomlinson, Zayn Malik, Niall Horan and Liam Payne made history when they were awarded with the BRIT Awards' first ever global success prize.

Once the Awards finished, the group celebrated alongside SYCO label boss Simon Cowell at Sony's after-party at the Arts Club in London, where they spent the night relaxing and chatting with friends.

While The X Factor judge held court with a group of blondes near the bar after midnight, Styles – who took his mom as his date – jumped on a couch to dance and take photos. Meanwhile, Tomlinson only had eyes for girlfriend Eleanor Calder, who arrived at the soiree later in the evening.

Justin Timberlake and Jessica Biel also made an appearance – showing up just before 3 a.m. after Timberlake's BRITs performance and private concert.

Just hours after saying goodnight, One Direction released the music video for "One Way or Another (Teenage Kicks)," which the band filmed themselves while on tour, visiting Africa and in the United Kingdom, where they got British Prime Minister David Cameron to make a cameo.

– Phil Boucher & Marisa Laudadio


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Flu shot did poor job against worst bug in seniors


ATLANTA (AP) — For those 65 and older, this season's flu shot is only 9 percent effective against the most common and dangerous flu bug, according to a startling new government report.


Flu vaccine tends to protect younger people better than older ones and never works as well as other kinds of vaccines. But experts say the preliminary results for seniors are disappointing and highlight the need for a better vaccine.


For all age groups, the vaccine's effectiveness is moderate at 56 percent, which is nearly as well as other flu seasons, the Centers for Disease Control and Prevention said Thursday.


For those 65 and older, it is 27 percent effective against the three strains in the vaccine, the lowest in about a decade but not far below from what's expected. But the vaccine did a particularly poor job of protecting older people against the harshest flu strain, which is causing most of the illnesses this year. CDC officials say it's not clear why.


Vaccinations are now recommended for anyone over 6 months, and health officials stress that some vaccine protection is better than none at all. While it's likely that older people who were vaccinated are still getting sick, many of them may be getting less severe symptoms.


"Year in and year out, the vaccine is the best protection we have," said CDC flu expert Dr. Joseph Bresee.


To be sure, the preliminary data for seniors is less than definitive. It is based on fewer than 300 people scattered among five states.


But it will no doubt surprise many people that the effectiveness is that low, said Michael Osterholm, a University of Minnesota infectious disease expert who has tried to draw attention to the need for a more effective flu vaccine.


Among infectious diseases, flu is considered one of the nation's leading killers. On average, about 24,000 Americans die each flu season, according to the CDC.


This flu season started in early December, a month earlier than usual, and peaked by the end of year. Older people are most vulnerable to flu and its complications, and the nation has seen some of the highest hospitalization rates for people 65 and older in a decade.


Flu viruses tend to mutate more quickly than others, and it's not unusual for multiple strains to be spreading at the same time. A new vaccine is formulated each year targeting the three strains expected to be the major threats. But that involves guesswork.


Because of these challenges, scientists tend to set a lower bar for flu vaccine. While childhood vaccines against diseases like measles are expected to be 90 or 95 percent effective, a flu vaccine that's 60 to 70 percent effective in the U.S. is considered pretty good.


By that standard, this year's vaccine is OK. The 56 percent effectiveness figure means people have a 56 percent lower chance of winding up at the doctor for treatment of flu symptoms.


For seniors, a flu vaccine is considered pretty good if it's in the 30 to 40 percent range, said Dr. Arnold Monto, a University of Michigan flu expert.


Older people have weaker immune systems that don't respond as well to flu shots. That's why a high-dose version was recently made available for those 65 and older. The new study was too small to show whether that made a difference this year.


The CDC estimates are based on about 2,700 people who got sick in December and January. The researchers traced back to see who had gotten flu shots and who hadn't. An earlier study put the vaccine's overall effectiveness slightly higher, at 62 percent.


The CDC's Bresee said there's a danger in providing preliminary results because it may result in people doubting — or skipping — flu shots. But the data was released to warn older people who got shots that they may still get sick and shouldn't ignore any serious flu-like symptoms, he said.


The new data highlights an evolution in how experts are evaluating flu vaccine effectiveness. For years, it was believed that if the viruses in the vaccine matched the ones spreading around the country, then the vaccine would be effective. This year's shot was a good match to the bugs going around this winter, including the harsher H3N2 that tends to make people sicker.


But the season proved to be a moderately severe one, with many illnesses occurring in people who'd been vaccinated.


____


Online:


CDC report: http://www.cdc.gov/mmwr


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Doctor sexually assaulted unconscious patients, police say



Yashwant Balgiri GiriAn Orange County anesthesiologist convicted of sexually assaulting three unconscious female patients  has been sentenced to six months in jail and five years probation, despite the objections of prosecutors who wanted state prison time.


Yashwant Balgiri Giri, 60, pleaded guilty to a court offer to multiple felony counts related to the sexual battery of patients, including a 16-year-old, according to a statement from the Orange County district attorney's office.


Giri will have to register as a lifetime sex offender and will have his medical license revoked, in addition to the jail time and probation.


Prosecutors sought a state prison sentence, citing a violation of his "position of power and trust" with the women at a particularly vulnerable time.


Giri, who lives in Cypress, was working at Placentia-Linda Hospital at the time of the crimes, prosecutors said. He previously worked at several hospitals in Anaheim and Lakewood.


Through a spokeswoman, Placentia-Linda Hospital declined to comment.


Prosecutors said that in February 2009,  while a 16-year-old was unconscious from medication, Giri assaulted the girl when a scrub nurse preparing surgery tools had her back turned. The nurse witnessed the assault, prosecutors said, and reported it immediately to a hospital official.


Prosecutors allege that the hospital did not report the incident to police at the time.


In March 2011, prosecutors said, a hospital employee witnessed Giri fondling the breasts of a 36-year-old woman while she was under anesthesia for an outpatient surgery procedure.


An employee allegedly witnessed the incident  Prosecutors said the fondling continued for an extended period of time, as his actions were concealed from the surgeon and nurse.






The alleged assault was reported to a hospital official and then to Placentia police, prosecutors said.

Soon after an investigation began, Giri resigned from his duties at the hospital.


After he was arrested in May 2011, a third alleged victim stepped forward, saying she had been assaulted by Giri.


In April 2010, prosecutors said, Giri assaulted a 27-year-old woman while she was being put under anesthesia but before she was unconscious. Prosecutors said he touched the woman under the pretense of performing an examination, although it had no legitimate medical purpose.


During a sentencing hearing, a statement from the then-36-year-old woman, who was fondled, was read by prosecutors.


"His actions make me question every single doctor, nurse, medical decision and procedure I encounter within my everyday life," she said. "I not only fear for myself, I fear for my child, my friends, my family. This is a burden caused by the perverted actions of this predator."


ALSO:


 O.C. shootings: Listen to frantic 911 call


Hollywood Park Casino might lay off all 600 workers


San Diego sheriff confident 2 wounded deputies will fully recover


-- Rick Rojas


Photo: Yashwant Balgiri Giri. Credit: Orange County district attorney's office.


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Boiko Borisov, Prime Minister of Bulgaria, Submits Resignation





Prime Minister Boiko Borisov of Bulgaria submitted his government’s resignation on Wednesday after a tumultuous week of public anger over rising electricity prices, corruption and worsening living standards that ignited mass protests nationwide and led to bloody clashes with the police on Tuesday night.




“The people gave us power, and today we are returning it,” Mr. Borisov said on Wednesday morning in Parliament, according to local news reports.


The speaker of Parliament, Tsetska Tsacheva, said the resignation of the prime minister and his cabinet would not be effective until Parliament put it to a vote on Thursday. Since Mr. Borisov controls Parliament, acceptance would seem sure.


The protests — the biggest in at least 15 years — were triggered by electricity price increases and corruption scandals, including one over the nominee to head the state electricity regulatory commission, which sets rates. She was accused of selling cigarettes illegally online and her nomination was later withdrawn.


Tempers were inflamed further when Bulgaria’s finance minister Simeon Djankov, the architect of painful fiscal probity, stepped down on Monday. Rather than allaying anger, analysts said the resignation was greeted by the public as an admission that the government’s economic policies, had not worked.


Tens of thousands of Bulgarians took to the streets across the country to protest. Some yelled “Mafia!” Others burned their utility bills.


While the country’s fiscal prudence has helped it to avoid having to seek an international bailout like Hungary or Romania, analysts said that rising unemployment and weak growth, coupled with wage and pension freezes and tax increases, had mobilized the country’s increasingly disgruntled middle class, who felt themselves squeezed during the financial crisis.


Opposition political parties had been trying to exploit public anger over the government’s austerity measures as general elections planned for July approached. Elections are now expected in April or May, and analysts said the opposition Socialist party was expected to benefit from the turmoil.


Daniel Smilov, program director at the Center for Liberal Strategies, a political research organization, in the Bulgarian capital, Sofia, said that Bulgarians were disillusioned that the overthrow of Communism in 1989 and the country’s subsequent democratization had not delivered the expected prosperity.


Bulgaria has struggled to shed a reputation for lawlessness and corruption. It remains poor, with an average monthly wage of just $480, the lowest in the European Union.


“What we are seeing is the result of a general distrust in government and the political system,” Mr. Smilov said, noting than protests had engulfed wealthy as well as poorer regions of the country. “These are not the bottom layers of society, but people in the middle strata who been hit hardest by the financial crisis. They fear they are losing their status, and they might become poor very fast.”


Trying to appease the protesters, the prime minister said on Tuesday that the license of the Czech utility CEZ, which provides power to many residential customers in Bulgaria, would be withdrawn. Mr. Borisov cited beatings of protesters Tuesday by the police as one reason.


“Every drop of blood for us is a stain,” he said. “I can’t look at a Parliament surrounded by barricades, that’s not our goal, neither our approach, if we have to protect ourselves from the people.”


Mr. Smilov said that after the Parliament accepted the government’s resignation, President Rosen Plevneliev would then appoint a caretaker government. Mr. Borisov said his party would not participate in an interim government.


Mr. Borisov’s resignation could signal the political demise of one of the country’s most colorful political figures. A former karate instructor, bodyguard, fireman and mayor of Sofia with a shaved head and a talk-tough approach, Mr. Borisov was once viewed as being so invincible that Bulgarians called him “Batman.”


As the owner of a private security company, he provided security services for Todor Zhivkov, the former Communist leader of Bulgaria. Mr. Borisov was then the personal bodyguard for Simeon Saxe-Coburg-Gotha, the child czar who returned to be elected prime minister in 2001.


Mr. Borisov rose to oversee the police at the Interior Ministry, before being elected mayor of Sofia and then becoming prime minister in 2009.


“Mr. Borisov is a typical populist leader who came to power promising to take revenge against the transition on behalf of the poor,” says Andrei Raichev, a political analyst at Gallup International in Sofia. “Now the people realize that they were lied to.”


Mr. Raichev said that no one could predict how the public will react to the resignation. “We could even reach the absurd situation that the protests continue against no one,” he said. “Which means that they are against everyone.”


This article has been revised to reflect the following correction:

Correction: February 20, 2013

An earlier version of this article and an accompanying photo caption misspelled the given name of Bulgaria’s prime minister. He is Boiko Borisov, not Boyko.



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Twitter begins integrating advertising software






SAN FRANCISCO (Reuters) – Twitter Inc said on Wednesday it is opening up its platform to third-party advertising management software, taking another step to establish its ad-based business model ahead of an initial public offering.


The ads application programming interface, or API, would allow advertisers to connect their existing ad management software to their Twitter account to automate ads on the micro-messaging platform.






Twitter said that it would begin by integrating with ad software by Adobe Systems Inc, Salesforce Inc, Hootsuite, SHIFT and TBG Global.


“With the Ads API, marketers now have more tools in their arsenal to help them deliver the right message, to the right audience, on the desktop and on mobile devices — all at scale,” Twitter product manager April Underwood wrote in a blog post.


Under pressure to show growing revenues, Twitter in recent years has ramped up its ad-serving capabilities while building a sales staff to woo corporate marketers. The firm said last year it would allow marketers to target Twitter users based on a profile of their perceived interests and by location.


Twitter makes money every time a user clicks or retweets a “promoted” message paid for by an advertiser. The new API would allow great automation for advertisers, who previously had to manually write every promoted tweet.


In 2013, Twitter’s ad revenues are expected to grow nearly 90 percent to $ 545 million, according to eMarketer which noted that Facebook Inc experienced similarly rapid growth after opening its API to advertisers in 2011.


(Reporting By Gerry Shih; Editing by Bernard Orr)


Tech News Headlines – Yahoo! News





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Amy Poehler Is the Latest Star to Get Bangs - Who Should Be Next?




Style News Now





02/20/2013 at 01:30 PM ET



BangsLandov, AKM-GSI, BEImages, Wireimage


We’ve filled out our Oscar ballots and predicted the gowns, now the PEOPLE StyleWatch team is ready to talk hair.


Bold bangs are sizzling hot in Hollywood right now: Amy Poehler’s just the latest star to step out with fringe, which is why we’re hoping for a big bang debut at the Oscars. Now we just have to decide who will follow in the footsteps of Michelle Obama, LeAnn Rimes and Poehler, all who have gotten sassy chops in the last month. Here are our front runners:


Amanda Seyfried: The actress has had these long, layered golden locks since her Mean Girls days, so we’re ready for her to spice it up a bit. Seyfried, call your stylist and request some side-swept bangs. They’re flattering, flirty and not-too-frightening for a first-timer … and let’s be honest, you wouldn’t mind stealing some of that Les Mis spotlight from Anne Hathaway come Sunday night.



Jessica Chastain: Chastain already gives us major mane envy, which is why the star is a prime candidate for a blunt bangs cut à la Jessica Biel. Just think how chic she’d look if she wore her tresses straight with serious statement stunners — and since she’s been sporting dramatic hairstyles throughout awards season, we bet she’d dare to try something similar at the Oscars.


Bradley Cooper: Given that he’s one of the sexiest men alive, we’re not telling him to change much, but a little cleanup to his already face-framing locks could do wonders for Cooper‘s floppy hairdo.


Who do you think should try bangs at the Oscars? Vote below and sound off in the comments!






–Jennifer Cress


PHOTOS: SEE MORE STAR HAIRSTYLES!


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Obama admin. tackles colonoscopy confusion


WASHINGTON (AP) — The new health law requires that most insurance plans cover all costs for preventive care, including colon cancer screening.


But it didn't turn out to be that simple.


Many patients ended up with a bill when the doctor performing the colonoscopy removed precancerous growths known as polyps. Why the bill? Because a preventive screening had turned into a procedure.


Now the Obama administration is trying to straighten out the confusion: Polyp removal is part of preventive care, and therefore free of charge to the patient.


Health plans also must cover an expensive genetic test for breast cancer if a woman's doctor orders it. And the lowly aspirin for heart trouble is covered too, if prescribed.


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Tourist's body found stuffed in hotel water tank; guest horrified



There were few details Wednesday on how the body of a missing Canadian tourist ended up at the bottom of a water tank on the roof of a downtown hotel.


For days, residents of the Cecil Hotel thought something was amiss. At least one said there was flooding in one of the fourth-floor rooms, while others complained about weak water pressure.
One of those complaints led a hotel maintenance worker to check Tuesday on one of the large metal water cisterns on the roof, where he discovered the body of an unidentified woman in her 20s at the bottom of the tank.



Authorities said late Tuesday the body was that of Elisa Lam, 21, a Vancouver, Canada, woman last seen at the hotel Jan. 31.


"We're not ruling out foul play," said LAPD Sgt. Rudy Lopez, noting that the location of the remains "makes it suspicious."



Los Angeles police investigators searched the roof of the Cecil with the aid of dogs when Lam was reported missing about three weeks ago. Lopez said he didn't know if the tanks were examined.



"We did a very thorough search of the hotel," he said. "But we didn't search every room; we could only do that if we had probable cause" that a crime had been committed.



Once a destination for the rich and famous in the 1930s and '40s, the Cecil has gradually deteriorated, mirroring the decay of downtown Los Angeles, particularly in the skid row area. With rock-bottom rents and flexible stays, the historic 1927 building attracted those who were a step away from homelessness.



The Cecil also became a magnet for criminal activity. Most notably it was the occasional home to infamous serial killers Jack Unterweger and Richard "Night Stalker" Ramirez. Even after a multimillion-dollar makeover in 2008, police said they frequently respond to the Cecil for calls relating to domestic abuse and narcotics.



In 2010, the hotel was the scene of a bizarre incident in which a Los Angeles city firefighter who had been honored as paramedic of the year said he was stabbed while responding to a distress call. But police found inconsistencies in the story and no assailant was ever located.



On Tuesday, the Cecil grappled with a deeper mystery.
According to detectives with the LAPD's Robbery-Homicide Division, Lam came to Los Angeles from Vancouver on Jan. 26. While they did not discuss her exact movements or whether she visited anyone here, they believe her ultimate destination was Santa Cruz. Lam's reasons for visiting California were unclear, detectives said.


She was last seen Jan. 31 inside the elevator of the hotel. In surveillance footage, Lam is seen pushing buttons for multiple floors and at one point stepping out of the elevator, waving her arms.
A cause of death is still to be determined by county coroner’s officials, Lopez said.


A locked door that only employees have access to and a fire escape are the only ways to get to the roof. The door is equipped with an alarm system that notifies  hotel personnel if someone is up there, Lopez said.


ALSO:


O.C. shootings: Killings occurred during morning routines


Body found in hotel water tank identified as Canadian tourist


Woman who ran surrogate parenting firm pleads guilty in fraud case


— Andrew Blankstein and Adolfo Flores



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Maoists Block Deal to Break Nepal’s Long Political Deadlock





NEW DELHI — Nepal’s major political parties failed on Tuesday to complete an expected agreement to settle a years-long political standoff, after Maoists insisted that the accord include amnesty for past crimes.




The amnesty issue derailed a tentative deal reached on Monday to appoint as interim prime minister the chief justice of the country’s supreme court, Khil Raj Regmi, to lead the country until elections in June. Now it appears that the wrangling will continue indefinitely, worsening the paralysis of the country’s civic functions.


Nepal has been trying to establish a working representative democracy since 2008, when a constituent assembly was elected to replace the former monarchy. But the assembly has been unable to draw up a constitution or settle on when or how to hold further elections. Maoists, who fought a long civil war against the monarchy, now control the most important government posts, but the ethnic, caste, religious, ideological and regional differences that permeate Nepalese society have made even the most basic political agreements impossible.


Meanwhile, the country’s judiciary has been arresting former Maoist fighters from the bitter civil war, which cost at least 13,000 lives, prompting the Maoist party to call for amnesty and for a less punitive reconciliation process, such as a parliamentary committee that the party could influence.


“Amnesty is still under consideration,” said Devendra Poudel, adviser to the present Maoist prime minister, Baburam Bhattarai. “Instead of addressing one or two issues separately, why not deal with them all in the same package?”


But the country’s other political parties and civil-society organizations have insisted on a process in which war criminals are jailed.


“The Maoists are very much afraid of the regular judiciary of this country,” said Rajendra Dahal, a spokesman for President Ram Baran Yadav, a leader of the centrist Nepalese Congress party. “But until there is an agreement, they will control the government,” he said of the Maoists. “So they benefit from the standoff.”


Mr. Dahal said that the president had welcomed the tentative deal to put the chief justice in charge temporarily. “The president’s single mission is to have elections,” he said early Tuesday. “Any way the parties get some consensus in the goal of having elections, the president will support.”


By late Tuesday evening, however, the optimism surrounding the tentative agreement had faded.


Kanak Mani Dixit, a civil rights activist and commentator, said he was worried that the Maoists supported the deal in hopes of discrediting the Supreme Court, which he said is the last civic institution in Nepal with any credibility.


“The Maoists agreed because they have already destroyed every other important institution of the state,” Mr. Dixit said.


Mr. Regmi was expected to be appointed to a three-month term as prime minister, following which he would return to the court. If Mr. Regmi had been unable to oversee elections in that time, a new agreement would have had to be reached.


The Maoist leader, Mr. Bhattarai, rejected all previous proposals to replace him, and other political parties have refused to allow elections while Mr. Bhattarai and his allies hold the crucial levers of government, saying that his oversight would make the elections unfair.


In the meantime, basic civil functions in Nepal have begun to fail one after another, and the country’s economy, never robust, has stalled. As a result, Nepalese have been emigrating to neighboring countries in large numbers, to the exasperation particularly of India, where many of the migrants settle.


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