Meat company owner sues USDA for right to slaughter horses









Rick de los Santos wants to reopen an animal slaughter business that's been banned in the U.S. for years. Along the way, he's also opened a can of worms.


The Roswell, N.M., meat company owner sued the federal government last week, alleging that officials ignored his application to resume domestic horse slaughter for food because the practice had become an emotional political issue throughout the West.


After waiting a year for permits, De los Santos, 52, says he's using the courts to force the U.S. Department of Agriculture to resume inspections necessary to open what would be the nation's first new horse slaughterhouse since 2007.





"I've submitted all the paperwork and have been told all along 'Oh, it won't be long now,'" said De los Santos, who owns Valley Meat Co. "I followed all their guidelines. I put more than $100,000 in upgrades and additions on my facilities to handle equine slaughter. And then the government comes back and tells me, 'We can't give you the permits. This horse issue has turned into a political game.'


"So what else do you do? I figured it was time to go to court."


The slaughterhouse owner, whose business had been slaughtering cattle, is also suing the Humane Society of the United States, Front Range Equine Rescue and Animal Protection of New Mexico, accusing those groups of defamation and causing loss of income during the dispute.


The dispute over killing horses has raged for years. Equine advocates have accused the Bureau of Land Management of failing to protect tens of thousands of mustangs that wander government-owned land in 10 Western states. Many of the animals are corralled each year and sent to long-term holding facilities. And reports surfaced this fall that the BLM was knowingly selling wild horses for slaughter, an outcome banned annually by Congress. The agency is investigating the claim.


In 2007, the last three domestic slaughterhouses in the United States were closed. Since then, unwanted domestic animals have been shipped to Mexico and Canada for slaughter.


Many animal protection groups and public officials were outraged at the idea of resuming domestic horse slaughter, including New Mexico Gov. Susana Martinez, a Republican, who has opposed the plan.


Many animal advocates says horse slaughter has no business in the U.S.


"Everything is wrong with this idea," said Sally Summers, founder of Horse Power, a Nevada-based equine advocacy group. "The economy has done just fine without this type of slaughter. And these plants are toxic to the community. They hurt these towns; they don't help them."


Summers said that many of the drugs that U.S. owners give their horses to ensure longevity and peak performance are carcinogenic. "This stuff gets into the water table through the drains," she said. "It's a nightmare. This man is smoking a pipe and I don't know what's in it."


The USDA declined to comment last week on the pending litigation. The agency has until January to respond to the suit, filed in federal court in late October.


De los Santos says his lawsuit will show that a recent "marked change in cooperation" by the USDA is due to pressure the government is receiving on the horse issue.


Some support a return to domestic horse slaughter. The American Quarter Horse Assn. says a 2011 report from the federal Government Accountability Office shows horse abuse and abandonment have been increasing since Congress essentially banned horse slaughter by cutting funding for USDA inspection programs in 2006.


The number of U.S. horses sent to other countries for slaughter has nearly tripled since domestic horse slaughter ceased. Most animal advocacy groups agree that some of the worst abuse occurs in the slaughter pipeline that often takes horses to inhumane facilities in Mexico.


Last year, 68,429 horses were shipped to Mexico and 64,652 to Canada, according to USDA statistics compiled by the Equine Welfare Alliance, a nonprofit group dedicated to ending horse slaughter. That compares with total exports of 37,884 of the animals in 2006.


De los Santos says he is tired of sitting in southern New Mexico and watching countless truckloads of horses en route to Mexico for slaughter.


"I've seen 130,000 horses a year on their way to Mexico — they go right through our backyard — and I wanted to tap into the market," he said. "I could have hired 100 people by now. Everyone in our community agrees we need this type of service. And I'm tired of waiting."


De los Santos says he is ready to start killing horses humanely.


"Everything that has four legs that walks can be slaughtered the same way, but we're ready to do this humanely," he said. "We've upgraded our knocking chutes for giving them that lethal hit."


He says he can't understand why everyone is so upset. Americans kill cows; why not horses?


"My wife says horse is on the menu all over Europe, but the moment you mention horse slaughter in the U.S., you've got a problem," he says.


john.glionna@latimes.com





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Facebook Poke App Is Frustrating as Hell






Facebook Poke: Startup Screen


Poke, the new iPhone app from Facebook, lets you send short messages, photos and videos to friends that automatically self destruct after a few seconds. If you have the Facebook app on your phone already, logging in is effortless.


Click here to view this gallery.






[More from Mashable: 2012′s Biggest Winners and Losers]


I was never a big poker on Facebook. When I joined the social network in 2007, giving someone a “poke” was still pretty common. It was a connection that stopped short of an actual friend request, a way to test the waters of a reconnection with, say, an ex.


The new app, Facebook Poke (as it’s listed in the App Store), doesn’t have much in common with poking of old. It’s essentially a clone of other texting apps where all the messages have a built-in self-destruct. It’s ideal for clandestine activities, shall we say.


[More from Mashable: Facebook Introduces Snapchat Competitor, Poke]


Here’s how it works: Let’s say you have a sudden urge to send one of your Facebook friends a photo of a, er, cucumber. But you don’t want to just send them a cucumber pic that they could post and re-share to the world. Poke lets you send the pic, but the recipient will only have 1, 3, 5 or 10 seconds to view your majestic vegetable. And they need to press and hold the screen while viewing, or the pic goes away.


You can send photos, videos or text messages via Poke, although you can’t use it for anything too elaborate since the message content lasts 10 seconds maximum. After that, boom. The message, whatever it was, is gone forever. There isn’t even a record on the sender’s phone (although a log of who you’ve poked and who’s poked you still remains).


Poke is pretty unforgiving. The recipient must press and hold the notification to see the content. Once you touch, the countdown starts, and there’s no going back — even if you let go. Videos just stop, with no chance of re-watching. You slip, and you’re done.


I suspect Poke will engender a lot of frustration because of this limitation. You feel as if it should at least pause the countdown when you remove your finger.


The app also lets you just “poke” people — meaning send a message with no content — about the only way the app is similar to the old act of poking. Those are just simple notifications, and don’t expire.


It gets more annoying: All your poke recipients need to download the app to see them. Poking only works on mobile right now, and Facebook’s been careful to ensure notifications for incoming pokes only appear in its mobile apps.


Checking out your profile on the web won’t reveal any trace of poking. On a smartphone, a note appears that encourages pokees to download the app.


What if someone does a screengrab of your poke, turning it into something more permanent? There’s nothing you can do, but the app will inform you if someone does that, with a “flash” icon beside their name in your feed. If you see your ephemeral wild moment appear on Tumblr the next day, at least you’ll know who to blame.


Poke isn’t that intuitive. It displays some basic instructions when you first log in, but would benefit greatly from one of those tutorial overlays that have become ubiquitous among iOS apps. Also, I find it odd that your front-facing camera isn’t selected by default. But maybe my expectation for the subject material of most pokes is off the mark.


You can add text and colored line drawings to any pics you send. That’s helpful to get the attention on the thing in the photo you really want the person to look at in those three seconds of poke life.


At first I found it frustrating that Poke doesn’t let you take horizontal photos or videos. But that’s actually a good idea. If you think about it, if the only people seeing this content are people glancing at their phones for a few seconds, so vertical pics make total sense. In the time it took a person to turn their phone and the accelerometer to react, the message will probably be gone. If you want masterpieces, try Flickr.


Bottom line: Poke is an annoying app, but it probably has more to do with the nature of what it’s trying to do than any design flaws. How do you like Poke? Let us know in the comments.


Image courtesy of iStockphoto, jcsmily


This story originally published on Mashable here.


Tech News Headlines – Yahoo! News





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Ashton Kutcher files for divorce from Demi Moore


LOS ANGELES (AP) — Ashton Kutcher filed court papers Friday to end his seven-year marriage to actress Demi Moore.


The actor's divorce petition cites irreconcilable differences and does not list a date that the couple separated. Moore announced last year that she was ending her marriage to the actor 15 years her junior, but she never filed a petition.


Kutcher's filing does not indicate that the couple has a prenuptial agreement. The filing states Kutcher signed the document Friday, hours before it was filed in Los Angeles Superior Court.


Kutcher and Moore married in September 2005 and until recently kept their relationship very public, communicating with each other and fans on the social networking site Twitter. After their breakup, Moore changed her name on the site from (at)mrskutcher to (at)justdemi.


Kutcher currently stars on CBS' "Two and a Half Men."


Messages sent to Kutcher's and Moore's publicists were not immediately returned Friday.


Moore, 50, and Kutcher, 34, created the DNA Foundation, also known as the Demi and Ashton Foundation, in 2010 to combat the organized sexual exploitation of girls around the globe. They later lent their support to the United Nations' efforts to fight human trafficking, a scourge the international organization estimates affects about 2.5 million people worldwide.


Moore was previously married to actor Bruce Willis for 13 years. They had three daughters together — Rumer, Scout and Tallulah Belle — before divorcing in 2000. Willis later married model-actress Emma Heming in an intimate 2009 ceremony at his home in Parrot Cay in the Turks and Caicos Islands that attended by their children, as well as Moore and Kutcher.


Kutcher has been dating former "That '70s Show" co-star Mila Kunis.


The divorce filing was first reported Friday by People magazine.


___


Anthony McCartney can be reached at http://twitter.com/mccartneyAP.


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Genetic Gamble : Drugs Aim to Make Several Types of Cancer Self-Destruct


C.J. Gunther for The New York Times


Dr. Donald Bergstrom is a cancer specialist at Sanofi, one of three companies working on a drug to restore a tendency of damaged cells to self-destruct.







For the first time ever, three pharmaceutical companies are poised to test whether new drugs can work against a wide range of cancers independently of where they originated — breast, prostate, liver, lung. The drugs go after an aberration involving a cancer gene fundamental to tumor growth. Many scientists see this as the beginning of a new genetic age in cancer research.




Great uncertainties remain, but such drugs could mean new treatments for rare, neglected cancers, as well as common ones. Merck, Roche and Sanofi are racing to develop their own versions of a drug they hope will restore a mechanism that normally makes badly damaged cells self-destruct and could potentially be used against half of all cancers.


No pharmaceutical company has ever conducted a major clinical trial of a drug in patients who have many different kinds of cancer, researchers and federal regulators say. “This is a taste of the future in cancer drug development,” said Dr. Otis Webb Brawley, the chief medical and scientific officer of the American Cancer Society. “I expect the organ from which the cancer came from will be less important in the future and the molecular target more important,” he added.


And this has major implications for cancer philanthropy, experts say. Advocacy groups should shift from fund-raising for particular cancers to pushing for research aimed at many kinds of cancer at once, Dr. Brawley said. John Walter, the chief executive officer of the Leukemia and Lymphoma Society, concurred, saying that by pooling forces “our strength can be leveraged.”


At the heart of this search for new cancer drugs are patients like Joe Bellino, who was a post office clerk until his cancer made him too sick to work. Seven years ago, he went into the hospital for hernia surgery, only to learn he had liposarcoma, a rare cancer of fat cells. A large tumor was wrapped around a cord that connects the testicle to the abdomen. “I was shocked,” he said in an interview this summer.


Companies have long ignored liposarcoma, seeing no market for drugs to treat a cancer that strikes so few. But it is ideal for testing Sanofi’s drug because the tumors nearly always have the exact genetic problem the drug was meant to attack — a fusion of two large proteins. If the drug works, it should bring these raging cancers to a halt. Then Sanofi would test the drug on a broad range of cancers with a similar genetic alteration. But if the drug fails against liposarcoma, Sanofi will reluctantly admit defeat.


“For us, this is a go/no-go situation,” said Laurent Debussche, a Sanofi scientist who leads the company’s research on the drug.


The genetic alteration the drug targets has tantalized researchers for decades. Normal healthy cells have a mechanism that tells them to die if their DNA is too badly damaged to repair. Cancer cells have grotesquely damaged DNA, so ordinarily they would self-destruct. A protein known as p53 that Dr. Gary Gilliland of Merck calls the cell’s angel of death normally sets things in motion. But cancer cells disable p53, either directly, with a mutation, or indirectly, by attaching the p53 protein to another cellular protein that blocks it. The dream of cancer researchers has long been to reanimate p53 in cancer cells so they will die on their own.


The p53 story began in earnest about 20 years ago. Excitement ran so high that, in 1993, Science magazine anointed it Molecule of the Year and put it on the cover. An editorial held out the possibility of “a cure of a terrible killer in the not too distant future.”


Companies began chasing a drug to restore p53 in cells where it was disabled by mutations. But while scientists know how to block genes, they have not figured out how to add or restore them. Researchers tried gene therapy, adding good copies of the p53 gene to cancer cells. That did not work.


Then, instead of going after mutated p53 genes, they went after half of cancers that used the alternative route to disable p53, blocking it by attaching it to a protein known as MDM2. When the two proteins stick together, the p53 protein no longer functions. Maybe, researchers thought, they could find a molecule to wedge itself between the two proteins and pry them apart.


The problem was that both proteins are huge and cling tightly to each other. Drug molecules are typically tiny. How could they find one that could separate these two bruisers, like a referee at a boxing match?


In 1996, researchers at Roche noticed a small pocket between the behemoths where a tiny molecule might slip in and pry them apart. It took six years, but Roche found such a molecule and named it Nutlin because the lab was in Nutley, N.J.


But Nutlins did not work as drugs because they were not absorbed into the body.


Roche, Merck and Sanofi persevered, testing thousands of molecules.


At Sanofi, the stubborn scientist leading the way, Dr. Debussche, maintained an obsession with p53 for two decades. Finally, in 2009, his team, together with Shaomeng Wang at the University of Michigan and a biotech company, Ascenta Therapeutics, found a promising compound.


The company tested the drug by pumping it each day into the stomachs of mice with sarcoma.


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Naomi Gleit helps keep Facebook growing









The gig: As senior director of Facebook Inc.'s growth, engagement and mobile team, Naomi Gleit helps grow the social network's 1-billion-plus user base.


Facebook employee No. 29: Few people outside Facebook have heard of Gleit, but she's the second-longest-serving Facebook employee, after Facebook founder Mark Zuckerberg. Gleit, 29, talked her way into a job at Facebook on July 18, 2005 — her birthday. She was Facebook's 29th employee, coming on board shortly after the company hit 1 million users and before anyone had an inkling of the colossus it would become.


Dogged spirit: Unlike most other early employees who eventually dispersed to seek new fortunes, Gleit says she has no intention of leaving Facebook. She gets that tenacity from her "tiger mom," a computer programmer who ferried her to ballet, piano, karate and Chinese lessons, and her Jewish father, an immigration lawyer who took her to Hebrew school, she said. "I know it sounds completely irrational, but I had no doubt in 2005 that Facebook would be something incredible in the future," she said.





Rival social networks: Her passion for Facebook began before she was hired, when she was a Stanford undergraduate studying science, technology and society, an interdisciplinary major. She wrote her senior thesis on why Facebook beat out rival college social networking site Club Nexus at Stanford. (Club Nexus was started by Stanford student and Turkish software engineer Orkut Büyükkökten, who went on to create Orkut, Google's first attempt at a social network.) Getting in on the ground floor at Facebook made her feel like she was taking part in something bigger than herself, the same feeling she got volunteering for six months in a refugee camp in Botswana, she said.


Growing with Facebook: Gleit helped Facebook push beyond colleges to high schools and eventually to everyone. In late 2007, when the torrid growth pace temporarily cooled, Zuckerberg tapped a team of five to reignite it and asked Gleit to lead product management. It fell to the growth team to identify the obstacles to the company's momentum. In a company ruled by engineers, Gleit, who never studied programming, earned respect with her analytical approach and intuitive understanding of people. "I always believed that growth was the most important thing, the most important way to impact the company," she said. There are now more than 150 people on the team. "It's been an incredible learning experience," she said. "Each year is different."


That magic moment: Those who work closely with Gleit say part of her success early on was her ability to seize on the "magic moment" that makes users fall in love with Facebook. She made it simpler to sign up, and she helped people find friends as soon as they joined. She also helped Facebook spread quickly to new countries by enlisting users to translate the service into more than 80 languages. Gleit helps her team parachute into new markets and traverse less-familiar languages and cultures. It's something that comes from her own passion to see the world and have new experiences. She has taught on a Navajo reservation and lived in a Buddhist monastery in Thailand.


One billion users: Around noon Sept. 14, Zuckerberg gathered with Gleit and dozens of employees in front of a big screen as the number of Facebook users crossed 1 billion. "The scale was insane," she said. "But that is not the goal. When Mark talks about his vision for Facebook, he talks about being able to connect everyone in the world to the people that they care about and provide some value for them every single day."


A problem solver: Zuckerberg calls on Gleit for high-profile projects. In May 2010, when Facebook was under siege because of how it was handling users' personal information, he put Gleit in charge of simplifying privacy settings. Last year she worked on a popular feature that lets users subscribe to a News Feed without having to become Facebook friends.


Betting on mobile: Now Gleit is focused on the future: mobile devices and how they can unlock emerging markets. Gleit knew back in 2011 that people would begin to log on to Facebook from mobile devices in greater numbers than from desktops, particularly in the developing world. So she traveled to Tel Aviv to buy Snaptu, which makes software that helps people on low-tech phones access Facebook, and she brought the whole team back to Silicon Valley with her. Now Facebook is surging in popularity on mobile devices in Tokyo and Nairobi, Kenya. "I have always been interested in technology and how it can be used to improve lives," Gleit said.


jessica.guynn@latimes.com





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Violence in America? We're all responsible









For years, the National Rifle Assn. has been telling us that guns don't kill people, people kill people.


In the wake of the Newtown shootings, the group has added a twist. Guns don't kill people; television, film and video games do.


Breaking its days-long silence, the NRA on Friday offered its solution to making American schools safer — armed guards — and laid the blame for the seemingly endless cycle of mass shootings on "a callous, corrupt and corrupting shadow industry that sells, and sows, violence against its own people."





PHOTOS: Mourning after the massacre


That would be the entertainment industry, which as Wayne LaPierre, the NRA's vice president, went on to explain, creates violent video games, films and television shows that inundate our youth with "the filthiest form of pornography."


Citing, rather inexplicably, old films including "American Psycho" (which was an adaptation of a novel), the NRA condemned Hollywood for its addiction to violence.


This is a complete cultural contradiction. If we are to be a society that celebrates firepower, that believes the answer to violence is violence, then it would follow that our art forms would reflect that.


Which, of course, we are and which, of course, they do. As far apart as the NRA and Hollywood may seem from each other politically, they are two of the more powerful forces affecting popular culture. Intentionally or not, their relationship is symbiotic.


As we have been told repeatedly during the last week, the gun lobby is among the most powerful in Washington, able to cow politicians and presidents into policy often in direct opposition to their personal and publicly stated opinions.


The ban on assault weapons was allowed to lapse because even President Obama, so often labeled as ultra-liberal, didn't want to waste his currency of compromise in a fight he didn't think he could win. And so, as pointed out in a Times opinion piece by U.S. District Judge Larry Alan Burns, who made a conservative jurist's case for an assault weapons ban after sentencing Tucson shooter Jared Lee Loughner, half of the nation's deadliest shootings occurred after the ban expired, including the massacre at Sandy Hook Elementary.


FULL COVERAGE: Connecticut school shooting


Yet to the NRA, the real villain is the entertainment industry, with its serial-killer serials, bang-bang franchises and first-person shooter video games. Never mind the wide availability of military-style assault weapons; "Batman" and "Call of Duty," the gun lobby would have us believe, is more to blame for all the recent mass shootings. Reality is merely imitating art.


There is no denying that there is too much violence in film and television today, too many video games centered around high and bloody body counts. But how could this not be the case? We live in a country where the suggestion that civilians should not be able to own weapons designed to kill a large number of people quickly is inevitably dubbed as unconstitutional.


The NRA believes that the ability to own guns and use guns defines us as Americans. So how can it blame Hollywood for creating the kind of films and television shows that do precisely the same thing?


No doubt Hollywood will respond swiftly with words we've heard before — violence is essential to drama, art is a way to diffuse the aggressive tendencies we naturally have, imagery cannot become reality if the weapons aren't available, etc., etc. We will be treated, no doubt, to the sight of two self-important, overly influential groups standing on either side of 26 utterly inexcusable graves, pointing fingers at each other.


Accusations of making a national tragedy political have already begun, but it's actually worse than that. We're just making it theatrical, with all the usual suspects reciting all the usual lines, criminally diminishing the lives taken at Sandy Hook to a posturing rerun.


We have all failed. As Americans, as adults, as human beings. As creators and consumers, as politicians and voters. If 20 first-graders shot in their classroom is not proof that things have gotten out of control, then it's hard to imagine what is. Both sides, all sides, need to take responsibility.


Trumpeting a "more is more" mentality, Americans find it increasingly difficult to contemplate the restriction of anything; many of us can't even lose the weight that threatens our lives. The NRA's suggestion that what we really need is armed guards at schools sacrifices not just the notion of a peacetime nation (the terrorists have indeed won, except the terrorists are us) but of civilization itself. Are we really willing to return to the days of the Wild West?


But their point about our art forms, though posed rather hysterically, is not without truth. Too many of our prestige TV shows, our blockbuster films and our popular games revolve around violence. More important, they celebrate people and actions we would deplore in real life.


And while there is value in exploring the outer limits of both human valor and depravity, there is also such a thing as wallowing, of substituting shock for illumination. A high body count, a charming psychopath, should not be a prerequisite for a hit film or show.


In Ang Lee's beautiful film "The Ice Storm," adults argue and engage in endlessly self-absorbed drama while one of their children, unnoticed, forgotten, walks down an empty frozen street, where a power line falls and electrocutes him.


This is not the time for the grown-ups to argue; we have been arguing for far too long, and while we argue, our children die. This is the time for us all to take responsibility, make it not so easy for a young man to imagine a hideous act of violence, and not so easy for him to actually commit it.


mary.mcnamara@latimes.com







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Brain Benefits for the Holidays? Stuff the Stocking with Video Games









Title Post: Brain Benefits for the Holidays? Stuff the Stocking with Video Games
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Ashton Kutcher files for divorce from Demi Moore


LOS ANGELES (AP) — Ashton Kutcher filed court papers Friday to end his seven-year marriage to actress Demi Moore.


The actor's divorce petition cites irreconcilable differences and does not list a date that the couple separated. Moore announced last year that she was ending her marriage to the actor 15 years her junior, but she never filed a petition.


Kutcher's filing does not indicate that the couple has a prenuptial agreement. The filing states Kutcher signed the document Friday, hours before it was filed in Los Angeles Superior Court.


Kutcher and Moore married in September 2005 and until recently kept their relationship very public, communicating with each other and fans on the social networking site Twitter. After their breakup, Moore changed her name on the site from (at)mrskutcher to (at)justdemi.


Kutcher currently stars on CBS' "Two and a Half Men."


Messages sent to Kutcher's and Moore's publicists were not immediately returned Friday.


Moore, 50, and Kutcher, 34, created the DNA Foundation, also known as the Demi and Ashton Foundation, in 2010 to combat the organized sexual exploitation of girls around the globe. They later lent their support to the United Nations' efforts to fight human trafficking, a scourge the international organization estimates affects about 2.5 million people worldwide.


Moore was previously married to actor Bruce Willis for 13 years. They had three daughters together — Rumer, Scout and Tallulah Belle — before divorcing in 2000. Willis later married model-actress Emma Heming in an intimate 2009 ceremony at his home in Parrot Cay in the Turks and Caicos Islands that attended by their children, as well as Moore and Kutcher.


Kutcher has been dating former "That '70s Show" co-star Mila Kunis.


The divorce filing was first reported Friday by People magazine.


___


Anthony McCartney can be reached at http://twitter.com/mccartneyAP.


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UPS drivers go digital with hand-held computers









When Keith Short began delivering packages for United Parcel Service Inc. 23 years ago, he used bulky pads of paper to track parcels and pens that froze in the cold. Today, he scans packages on and off his truck with a hand-held computer that tells him what to deliver where and when, and can even direct him turn by turn.


"The whole route is in here," Short said about his DIAD, or Delivery Information Acquisition Device.


The hand-held computers — now in the fifth generation — have made UPS drivers' jobs more efficient, especially during the peak holiday season, when the Atlanta shipping company picks up and drops off millions of packages each day.





The ideas for improving the technology percolate in the offices of UPS' Information Services Group in Timonium, Md. A team of 80 mathematicians and engineers makes forecasts about the shipping world of the future. Statisticians perform advanced math to figure future shipment demand, industrial engineers conduct time- and work-flow studies and software designers write the programs to apply what is learned.


It all ends up in the technology behind the routing and dispatching of packages handled by the brown delivery trucks.


"It's my job to set up a road map of where we need to be," said Jack Levis, an engineer and director of the group, "and look out 10 years."


Years ago, the group foresaw the growth of the Internet as a marketplace for buying and tracking goods that UPS would need to deliver, but few could have predicted exactly how e-commerce would reshape the shipping business.


The growth of online shopping has brought rising expectations. Consumers want free shipping incentives, shorter delivery times and more last-minute shipping options, such as same-day shipping, and even the same-day delivery that some retailers have begun promoting, experts say.


To offer same-day shipping, retailers have resorted to sending packages from their store inventory rather than from a warehouse, said Al Sambar, a retail strategist with consulting firm Kurt Salmon. Those promising same-day delivery might use couriers instead of conventional delivery services such as UPS or FedEx to get it there on time, he said.


"You really see the dates expanding much closer to the holiday than you would have seen in years past," Sambar said. "Many, many more retailers have added or expanded their ability to ship same day by creating the ability to ship from their own store inventory. [That way] they can ship even later into the season."


Anticipating what customers will want years down the road is part of the role of UPS' "package process management group" in Timonium.


At the core of what the group oversees is something called "package flow technologies," a data project started in 2000 and first used in 2003 that was aimed at more efficiently moving packages through hubs and loading them on trucks. Before 2003, workers who loaded delivery trucks had to memorize as many as 2,000 pieces of information and undergo six weeks of training to master the system.


The Timonium group turned the data behind the delivery operation into a computerized system that relies on "smart labels" that tell where packages go, while enabling UPS to customize deliveries.


"The old system worked fine," Lewis said, "but everyone had to have the knowledge of the operation in their heads. Before, we were training thousands of people where packages went. Now we just update a database, and we've made our models smarter and smarter."


Mirabella writes for the Baltimore Sun/McClatchy.





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A tortilla flap over whether Henry's Tacos folds









The first time Matthew Schwartz ditched junior high in the early 1980s, some upperclassmen smuggled him in the back seat of a car and drove to Henry's Tacos.


"We could have gone anywhere, but we went to Henry's," said Schwartz, 42, a Pasadena lawyer. "It was the place to go."


Schwartz has been coming to the taco stand in Studio City since he was a second-grader. Other than price inflation, the bare-bones menu has stayed the same for 51 years: ground beef tacos, refried bean and orange-cheese burritos, and "taco burgers."





"Is it authentic Mexican food? No. But it is a classic example of what I call gringo-Mex, in the most loving sense I could possibly mean that," he said.


To its fans, there is something quintessentially L.A. about Henry's Tacos, which was opened in 1961 by a white guy from Nebraska, had bit parts in movies and TV shows like "Adam 12" and boasted loyal customers ranging from working Joes to Hollywood celebrities.


So when the owner announced earlier this month that Henry's Tacos would close at the end of year, fans rose up in protest.


Suddenly, long lines started forming around the modest midcentury stand at the corner of Moorpark Street and Tujunga Avenue. Celebrities such as Aaron Paul and Elijah Wood showed up to buy tacos and lend their support. And a Web campaign has taken off, including Facebook groups like "Occupy Tujunga" and hundreds of Twitter posts with the hashtag #SaveHenrysTacos.


The battle focuses in part on whether Henry's is more than a taco stand — whether it's actually a piece of history worthy of official preservation. In a city that boomed after World War II, L.A. has debated giving historic status to a car wash and space-age Googie buildings. But for devotees of Henry's, it's less about the architecture than the lifestyle it conjures.


"Every place has different landmarks that help define it, and for the Valley its history is mid-20th century," said Adrian Scott Fine, director of advocacy for the Los Angeles Conservancy. "A place that was built in 1961 and is still there today says a lot because so much has changed in the Valley over the years and you have so few places that have stood the test of time."


Henry's Tacos is the latest food stand involved in a fight to win some level of historical status. In 2005, West Hollywood made national headlines when it named the Irv's Burger stand on Santa Monica Boulevard an official "cultural resource." Two years ago, preservationists in Hollywood lost a fight to keep the historic Molly's Burger stand on Vine Street going. For years, fans have hoped that the Tail O' the Pup, the famed hot-dog-shaped stand that used to be near the Beverly Center, would reopen (the stand is now in storage).


Henry's Tacos' impending closure is the result of year-long dispute that started when owner Janis Hood applied for a historical monument designation for the stand last year. Hood said her landlord increased her rent 50% and has refused to renew her lease since last December.


Hood believes the landlord, Beverly Hills businessman Mehran Ebrahimpour, was irked because a historical designation would put land-use restrictions on the property. Ebrahimpour could not be reached for comment through his lawyer.


L.A.'s Cultural Heritage Commission unanimously approved Henry's as a historical landmark last year, but the city's Planning and Land Use Management Committee postponed a vote on it earlier this year until Hood's lease was renewed.


Hood has lined up several prospective buyers, but all have been turned down by the landlord, she said.


The restaurant has always been a family business. Hood's grandfather, Henry Comstock — the stand's namesake — moved from Nebraska in the late 1950s and became interested in the concept of a roadside taco stand. He opened less than a year before Taco Bell was founded in Downey in 1962. Hood's mother later owned the restaurant for 47 years before she died in 2009. Hood then took over.


The support for Henry's has been overwhelming, she said. More than 5,600 people have signed an online petition to save the restaurant, and loyal patrons have posted video testimonials online.


"I knew I wasn't the only one who grew up with Henry's and loved it," said Hood, of Sherman Oaks. "Henry's is one of the very few places that is still around and hasn't changed. Someone said it's like eating a memory."


Last Sunday, the stars came out in support.


Wood and Paul were among hundreds of hungry customers who braved the rain and stood in a line that snaked around the block. Wood told paparazzi that the soft-shell beef tacos are his favorite, and he later posed with Hood in front of the restaurant.


Comedian George Lopez paid for everyone's food for an hour — ringing up a $945 tab, Hood said.


Food stands like Henry's Tacos began popping up around Los Angeles in the 1940s and became popular quick-lunch destinations in a city with a mild climate. Many have closed in this era of the drive-through, but Fine said it's no surprise residents cherish those that remain.


"Communities care about their locally owned Main Street businesses. People have a connection to it because it's local," he said.


Schwartz made his pilgrimage back to Henry's on Tuesday and waited in line with more than 20 people doing the same.


The stream of memories kept coming. In fifth grade, his friends would eat at Henry's and dare one another to drink hot sauce straight out of the cup — a childhood rite of passage.


"After you drank one, it would be how many can you do?" he said. "Henry's is an icon of the community, and it would really be a shame for it to go."


ben.poston@latimes.com





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Twitter post offers clue to The Civil Wars' future


NASHVILLE, Tenn. (AP) — While there still remain questions about the future of The Civil Wars, there's new music on the way.


Joy Williams, one half of the Grammy Award-winning duo with John Paul White, said Thursday during a Twitter chat that she was in the studio listening to new Civil Wars songs.


It's a tantalizing clue to the future of the group, which appeared in doubt when a European tour unraveled last month due to "irreconcilable differences."


At the time, the duo said it hoped to release an album in 2013. It's not clear if Williams was referring Thursday to music for a new album or for a documentary score they have composed with T Bone Burnett. They're also set to release an "Unplugged" session on iTunes on Jan. 15.


Nate Yetton, the group's manager and Williams' husband, had no comment — though he has supplied a few hints of his own by posting pictures of recording sessions on his Instagram account recently. The duo announced last summer it would be working with Charlie Peacock, who produced its gold-selling debut "Barton Hollow." The photos do not show Williams or White, but one includes violin player Odessa Rose.


Rose says in an Instagram post: "Playing on the new Civil Wars record... Beautiful sounds."


Even with its future in doubt, the duo continues to gather accolades. Williams and White are up for a Golden Globe on Jan. 13, and two Grammy Awards on Feb. 10, for their "The Hunger Games" soundtrack collaboration "Safe & Sound" with Taylor Swift.


Williams' comments came during an installment of an artist interview series with Alison Sudol of A Fine Frenzy sponsored by The Recording Academy.


___


Online:


http://thecivilwars.com


___


Follow AP Music Writer Chris Talbott: http://twitter.com/Chris_Talbott.


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Op-Ed Contributor: Labs, Washed Away





BEDPAN ALLEY is the affectionate name given to a stretch of First Avenue in Manhattan that is packed with more hospitals than many cities possess. This stretch also happened to be right in the flood zone during Hurricane Sandy. Water damage and power failures closed down all three of the New York University teaching hospitals — Bellevue Hospital, Tisch Hospital and the Manhattan V.A. Two months later, they are still not admitting patients, though two are on schedule to begin doing so shortly.




The harrowing evacuation of hundreds of patients made headlines nationwide. The disruption of regular medical care for tens of thousands of outpatients was a clinical nightmare that is finally easing. And the education of hundreds of medical students and residents is being patched back together.


All academic medical centers, however, rest on a tripod — patient care, education and research. The effect of the hurricane on the third leg of that tripod — research — has gotten the least attention, partly because rescuing cell cultures just isn’t as dramatic as carrying an I.C.U. patient on a ventilator down flights of stairs in the dark.


But, of course, there is an incontrovertible link between those cell cultures and that patient. For every medication that a patient takes, someone researched the basic chemistry of the drug, someone designed the clinical trial to test its efficacy, and of course a volunteer stepped forward to be the first to take the pill. Scientific research has engineered the impressive advancements of medical treatment, and every patient is a beneficiary.


When the hospitals were hit by Hurricane Sandy, hundreds of experiments were obliterated by the loss of power. Precious biological samples carefully frozen over years were destroyed. Temperature-sensitive reagents and equipment were ruined. Medications and records for patients in clinical trials were rendered inaccessible. And sadly, many laboratory mice and rats perished (though 600 cages of animals were rescued during the night by staff members who used crowbars on inaccessible doors and carried the cages out through holes cut in the ceiling).


On a slushy, rainy day earlier this month, I sat in on a meeting of N.Y.U.’s research community. Hundreds of scientists packed the chilly lecture hall to discuss what the future might hold. It was clear that the damage to laboratories and samples would not be amenable to easy repair. Some 400 researchers were being relocated to a patchwork of temporary sites so that they could restart their work.


But scientists can’t just walk in to a new space with a lab coat and a notebook; they need centrifuges, deep-freezes, lab animals, electron microscopes, incubators, autoclaves, gamma counters, PET scanners. They come with graduate students, lab techs, post-docs and collaborating investigators. For clinical researchers, there are also the patients enrolled in their clinical trials, with their medications and voluminous records.


Even beyond their eagerness to get back to work, researchers felt a sense of loss, not just in time, money, momentum, samples and grants, but of a part of their lives. Some senior scientists lost decades of archived samples. Others lost irreplaceable mice with genetic mutations for studying how coronary plaques resolve, the role of inflammation in lymphoma and the development of neural networks. At the other end of the spectrum were post-docs whose nascent careers were suddenly up in the air. Some were in tears.


Walking down First Avenue after the meeting, I passed a young researcher pushing a cart laden with cages, transporting lab rats to their new home. There was a blanket over the cages to protect them from the rain, but it kept slipping. She slogged up the wet avenue, one hand pushing the cart, the other struggling to keep the cover over her charges.


The logistical efforts to relocate and reignite such a vast research enterprise are staggeringly complicated. But the administration has cataloged each person’s research needs to match them with available space elsewhere, and hundreds of researchers have successfully rekindled their investigations despite the prodigious challenges.


Bellevue and Tisch are returning to their clinical operations and will be able to admit patients shortly. But even after the hospital wards and clinics are bustling at full capacity, the ribbon won’t feel ready to snip until the researchers are restored to their homes as well. For many patients, the thrum of research within a medical center is invisible. But it is an integral — and very human — part of a hospital. When a hurricane disrupts research, it is a loss that resonates well beyond the laboratories.


Danielle Ofri, an associate professor at New York University School of Medicine, is the editor of the Bellevue Literary Review and the author, most recently, of “Medicine in Translation: Journeys With My Patients.”



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Bernard Madoff's brother is sentenced to 10 years in prison









NEW YORK — The brother of imprisoned financier Bernard Madoff was sentenced to 10 years in prison for crimes committed in the shadow of his notorious sibling by a judge who said she disbelieved his claims that he did not know about the epic fraud.


Peter Madoff, 67, agreed to serve the maximum sentence allowable to the charges of conspiracy and falsifying the books and records of an investment advisor that he pleaded guilty to in June.


U.S. District Judge Laura Taylor Swain urged him to tell the truth even after he reports to prison Feb. 6 about what he knows about the multi-decade fraud that cost thousands of investors their original $20 billion investment.





The judge said Peter Madoff was "frankly not believable" when he said at his plea that he learned about the fraud only when his brother revealed it to him just before he surrendered to authorities.


Peter Madoff spoke only briefly Thursday before he was sentenced, saying: "I am deeply ashamed of my conduct and have tried to atone by pleading guilty and have agreed to forfeit all of my present and future assets."


He added: "I am profoundly sorry that my failures let many people down, including my loved ones."


Two investors spoke during the proceeding, which ended in less than an hour.


Investor Michael T. De Vita, 62, also demanded that the truth be forced out.


"I believe it to be physically impossible for a single person to carry out such a gargantuan task all by himself," he said.


De Vita said investors "have waited four years for others to accept responsibility for this massive crime. We are still waiting for that today."


"All of this was preventable if only one person was willing to do the right thing and stop this in its tracks years ago. Peter Madoff could have been that person," he said.


The sentencing comes four years and a week after Bernard Madoff first revealed the fraud, which occurred over several decades as the former Nasdaq chairman built a reputation for delivering unparalleled investment results, even in bad times. The revelation came only days after the business sent out statements that made investors think their investments had grown to a total of more than $65 billion.


Peter Madoff said at his plea that he had no idea his brother was running a massive Ponzi scheme, paying off longtime investors at times with money from newer investors.


"My family was torn apart as a result of my brother's atrocious conduct," he said. "I was reviled by strangers as well as friends who assumed that I knew about the Ponzi scheme."


But he conceded that he followed his brother's instructions and helped him decide which favored friends, clients and family members would receive the $300 million that remained in the company's accounts. The checks were never sent.


Peter Madoff, who joined his brother's firm after graduating from Fordham Law School in 1970, has been free on $5-million bail after he agreed to surrender all his assets.


Before the sentencing, his lawyer, John Wing, said in a memorandum that Peter Madoff will "almost certainly live out his remaining days as a jobless pariah, in or out of prison." He called him a victim of his loyalty to his brother, saying he had been mistreated by the sibling who was eight years older and was viewed as "the prince" by his mother.


As part of a forfeiture agreement, Madoff's wife, Marion, and daughter Shana must forfeit nearly all of their assets. The government said those assets and assets that will be forfeited by other family members include several homes, a Ferrari and more than $10 million in cash and securities. It said his wife will be left with $771,733. Besides the Madoff brothers, no other family members have been arrested.





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Robert H. Bork, pivotal figure in Supreme Court history, dies at 85









Robert H. Bork, the conservative legal champion whose bitter defeat for a Supreme Court seat in 1987 politicized the confirmation process and changed the court's direction for decades, died Wednesday. He was 85.


The former Yale law professor and judge on the U.S. Court of Appeals for the District of Columbia Circuit died at Virginia Hospital Center in Arlington, Va., from complications of heart disease, said his son Robert H. Bork Jr.


A revered figure on the right, Bork inspired a generation of conservatives with his critiques of the liberal-dominated high court in the 1960s and '70s. In speeches, law reviews and op-ed articles, Bork argued that the liberal justices were abusing their power and remaking American life by ending prayers in public schools, extending new rights to criminals, ordering cross-town busing for desegregation and striking down laws on birth control, abortion and the death penalty. Bork said the Constitution, as originally written, left these matters to the wishes of the majority.





Bork was more than a legal theorist. He was also a highly regarded constitutional lawyer. When he served as U.S. solicitor general under Presidents Nixon and Ford, the Supreme Court justices praised Bork as one of the finest advocates they had ever seen.


As solicitor general, he served as a footnote to the Watergate scandal that brought down Nixon. In what became known as "the Saturday Night Massacre," the embattled chief executive ordered the firing of special prosecutor Archibald Cox because he had demanded Nixon's secret White House tapes. The attorney general and then the deputy attorney general resigned rather than carry out the order. Bork, who was then in the No. 3 post as solicitor general, carried out the order and fired Cox.


When Ronald Reagan was elected president in 1980, Bork's name rose to the top of the list of potential court nominees. Reagan aspired to transform the Supreme Court, and Bork, then teaching law at Yale, was offered a seat on the Court of Appeals in Washington. It was seen as a stepping stone to the high court.


But it turned into a long wait for Bork.


Reagan chose Sandra Day O'Connor in 1981, fulfilling a campaign promise to appoint the first woman to the Supreme Court. A fateful moment came in 1986 when a second seat became vacant. Reagan and his advisors passed over Bork for his younger colleague, then-Judge Antonin Scalia, who won a unanimous confirmation in a Senate still under Republican control.


Bork's time finally came in the summer of 1987 when Justice Lewis Powell, the swing vote on the closely divided court, announced his retirement. By then, however, the Democrats had taken control of the Senate, and Reagan had been weakened by the Iran-Contra scandal.


On July 1, 1987, Reagan introduced the burly, bearded Judge Bork as his nominee, but within an hour the president's words were drowned out by a fierce attack from Capitol Hill led by Sen. Edward M. Kennedy (D-Mass.).


"Robert Bork's America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, [and] rogue police could break down citizens' doors in midnight raids," Kennedy said. No one could remember such a harsh assault on a president's court nominee, and it set the tone for a campaign-style attack that lasted into the fall.


Bork gave the Democrats plenty of ammunition, however.


As a Yale professor in 1963, he had condemned the pending civil rights bill that would have given blacks an equal right to be served in hotels, restaurants and other public places across the nation. He called this a threat to individual freedom, and he advised Arizona Sen. Barry Goldwater, the Republican presidential nominee, to cast a "no" vote against what became the Civil Rights Act of 1964. Bork wrote critically of the Voting Rights Act and various school desegregation measures. He also denounced the court's "right to privacy" rulings that led to the Roe vs. Wade decision guaranteeing a woman's right to have an abortion.


When Bork made his case before the Senate Judiciary Committee, he faced a hostile majority of Democrats, including its new chairman, Sen. Joseph Biden of Delaware. Because of his long "paper trail," Bork had no choice but to try to explain his views. He did so, at length, but he did not win over many converts. And viewers watching on television told pollsters they saw the stiff, scowling judge as an intimidating figure. Bork helped his opponents paint a portrait of him as a nominee who was more attuned to legal theory than to doing justice. When asked why he wanted to serve on the nation's highest court, Bork told one senator the job would be "an intellectual feast."


When the hearings ended, the Reagan White House knew Bork could not be confirmed. But the judge refused to withdraw, and the Senate rejected his nomination on a 58-42 vote.


Conservatives were furious, insisting that partisan attacks had maligned the reputation of one of the most accomplished jurists to come before the Senate. The phrase "to bork" became shorthand for inflicting a harsh, unfair public attack. Liberals and Democrats countered that Bork went down to defeat because most Americans did not share his views.


But no one disputed that the Bork battle changed how presidents choose nominees and how the Senate debates them. In the wake of Bork's defeat, presidential legal advisors looked for judicial nominees who had said or written little on the major legal controversies. In 1990, for example, President George H.W. Bush chose a little-known New Hampshire judge for the Supreme Court because his views were unknown. Justice David H. Souter easily won confirmation, but then surprised his Republican backers when he became a reliable liberal on the court.


Court nominees after Bork refused to follow his tack of seeking to explain his views in answer to questions from senators, instead choosing to duck them. Bork's defeat also had a profound and lasting impact on the Supreme Court itself. Had Bork won confirmation, the court's conservative bloc, led by Chief Justice William H. Rehnquist, would have had a majority to overturn Roe vs. Wade as well as the strict ban on school-sponsored prayers and invocations. Instead, Justice Anthony M. Kennedy, the Reagan nominee who eventually filled Powell's seat, cast a deciding vote in 1992 to preserve the right to abortion and the ban on school prayers. Kennedy has also been a strong foe of laws that discriminate against gays and lesbians, and he is seen as holding the decisive vote in the upcoming cases involving same-sex marriage.


Bork's influence on conservative legal thought was also lasting. In the 1970s, he was among the first to argue for interpreting the Constitution based on its "original intent," an idea that was later championed by Scalia and Justice Clarence Thomas.


As a scholar of antitrust law, Bork helped fundamentally change the thinking behind the law. He criticized those who targeted "big" businesses as monopolies and said antitrust law should focus instead on the welfare of consumers. At Yale, students joked that Bork taught "pro-trust," not antitrust. But his views are now widely accepted.


Bork stepped down from the bench a year after his Senate defeat, and he wrote several books renewing his criticism of liberalism. In the last year, he served as a chairman of Republican presidential nominee Mitt Romney's advisory committee on the judiciary and the courts.


Scalia praised Bork as "one of the most influential legal scholars of the past 50 years. His impact on legal thinking in the fields of antitrust and constitutional law was profound and lasting. More important for the final accounting, he was a good man and a loyal citizen."


Bork was born in Pittsburgh on March 1, 1927, and served in the Marines. He graduated from the University of Chicago and its law school and worked as a lawyer in New York and Chicago before joining the Yale faculty in 1962.


His first wife, Claire Davidson, died in 1980. He married Mary Ellen Bork, a former nun, in 1982. She survives him, along with three children from his first marriage, sons Robert and Charles Bork and daughter Ellen Bork, and two grandchildren.


david.savage@latimes.com





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Apple is dominating the small and medium business market in Q4









Title Post: Apple is dominating the small and medium business market in Q4
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Claire Danes and Hugh Dancy welcome a baby boy


NEW YORK (AP) — Claire Danes and Hugh Dancy's "Homeland" just got bigger.


Danes' rep confirms the couple welcomed a baby boy named Cyrus Michael Christopher.


People.com first reported Monday's birth.


It's the first child for 33-year old Danes and 37-year-old Dancy. They were married in 2009.


There's no word yet whether the new mom will attend the Golden Globe Awards on Jan. 13. She's nominated for Best Performance by an Actress in a Television Series for her work on Showtime's "Homeland."


Up next, Dancy stars in NBC's "Hannibal," an adaptation of Thomas Harris' novel "Red Dragon."


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Amgen Workers Helped U.S. in Aranesp Marketing Inquiry





“I hope no one is taping this,” the Amgen manager remarked at a company sales meeting in 2005.




The manager then boasted of how she had given a $10,000 unrestricted grant to a pet project of a doctor who was an adviser to the local Medicare contractor. In turn, she said, the doctor would help persuade the contractor to provide reimbursement for an unapproved use of Amgen’s anemia drug, Aranesp.


Someone, it turned out, was taping it. Jill Osiecki, a longtime sales representative at Amgen, was wearing a recording device under her clothes, transmitting the proceedings to agents of the Department of Health and Human Services.


The result of Ms. Osiecki’s undercover work, and information provided by other whistle-blowers, led to Amgen’s agreement this week to pay $762 million to settle federal investigations regarding the marketing of some of its top-selling drugs.


Judge Sterling Johnson Jr. of Federal District Court in Brooklyn accepted the settlement on Wednesday, clearing the way for 10 whistle-blower lawsuits to be unsealed.


Amgen, the world’s largest biotechnology company, will pay $150 million in criminal penalties after pleading guilty to one misdemeanor count of marketing Aranesp for unapproved uses and in unapproved doses.


The rest of the money — $612 million — will go to settle civil false claims lawsuits filed by the federal government, states and whistle-blowers. These contain accusations that go well beyond the off-label marketing of Aranesp.


They include off-label marketing of other drugs like Enbrel for psoriasis and Neulasta, which increases the levels of white blood cells. Amgen is also accused of offering kickbacks to doctors and clinics to induce them to use its drugs. These reportedly came as cash, rebates, free samples, educational and research grants, dinners and travel, and other inducements. The government also accused the company of knowingly misreporting the prices of some of its drugs.


Except for those in the criminal count, Amgen denied the other accusations, though it did issue a statement on Wednesday acknowledging the settlement.


“The government raised important concerns in the criminal prosecution,” Cynthia M. Patton, chief compliance officer at Amgen, said in the statement. “Amgen acknowledges that mistakes were made, and we did not live up to our standards.”


Ms. Osiecki, 52, was one of the main whistle-blowers and will be entitled to a share of the settlement. The amount each whistle-blower will receive has not been determined or is being kept confidential, their lawyers said.


Ms. Osiecki worked as a sales representative for Merck for nine years before joining Amgen in 1990, soon after the biotechnology company won regulatory approval for its first product. The company, based outside Los Angeles, had “good science, good products, strong ethics,” Ms. Osiecki said in an interview.


But, she said, the corporate culture changed starting around 2000. That was when new management came in and Aranesp was approved, setting up a fierce marketing battle with Johnson & Johnson and its rival anemia drug, Procrit.


“It was more important to make your numbers than to follow the rules,” said Ms. Osiecki, who was based in Milwaukee and sold Aranesp.


In August 2004, with her concerns mounting, Ms. Osiecki called the Office of Inspector General of the Department of Health and Human Services and left a message. Within days, she was called back, and she went to see an agent, who persuaded her to secretly record meetings. She did that 13 times over about 15 months, mainly sales meetings.


Aranesp is used mainly in a hospital, clinic or physician’s office. It is bought by the medical practice, which can make a profit if the patient and insurers pay more for the use of the drug than the practice paid.


Ms. Osiecki said Amgen “marketed the spread,” trying to make it more profitable for doctors to use Aranesp rather than Procrit.


Such financial inducements could also spur greater overall use of a drug and can violate anti-kickback laws, said Ms. Osiecki’s lawyer, Brian P. Kenney of Kenney & McCafferty in Blue Bell, Pa.


Ms. Osiecki said the first sales meeting at which she wore the recording device, wrapped around her midriff under baggy clothes, was in October 2004 in a Milwaukee hotel. She could look down from the meeting room and see the car parked across the street containing the agent with the receiving device. She said she was not particularly nervous.


The speaker was a pharmacist from an oncology practice going through the numbers on how his practice could make a million dollars more a year using Aranesp rather than Procrit.


Ms. Osiecki said Amgen was careful to cover up such marketing. Spreadsheets showing doctors how much more money they could make using Aranesp were “homemade bread,” meaning they were created by each sales representative, not by the company. And representatives were told not to leave the presentations behind after showing them to doctors.


Her 107-page complaint, filed in late 2004, contains many other accusations.


Other whistle-blowers made other accusations. Kassie Westmoreland, a former sales representative, said Amgen overfilled vials of Aranesp, essentially providing free drugs to doctors. They could then bill Medicare or private insurers for the use of that drug, making an extra profit.


“Amgen was offering a kickback in the form of extra product subsidized by the taxpayers,” said Robert M. Thomas Jr., one of Ms. Westmoreland’s lawyers.


Elena Ferrante and Marc Engelman, both former sales representatives, contended that Amgen promoted Enbrel’s off-label use for mild psoriasis when the drug was approved only for moderate or severe cases of the disease.


Lydia Cotz, one of their lawyers, said the two refused to go along with the off-label marketing. They are now pursuing wrongful termination claims against Amgen in arbitration proceedings that Amgen requires be kept confidential, she said.


“It’s been a very long heroic journey for my clients,” she said.


Ms. Osiecki is now also a former Amgen sales representative. She said that she was fired in December 2005 after she let slip that she had retained a company voice mail message that she thought provided evidence of illegal activity. Leaving the pharmaceutical industry, she moved to Amelia Island, Fla. She now works for a small business.


Mosi Secret and Barry Meier contributed reporting.



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FTC unveils broader rules to protect kids' privacy online

Columnist David Lazarus talks with Mark Blafkin, spokesman for the Assn. of Competitive Technology, an organization of app developers, and Alan Simpson of Common Sense Media, an advocacy group for parents.









SAN FRANCISCO — In a major step to protect kids' online privacy, the Federal Trade Commission has unveiled new rules that require mobile apps and websites to obtain parental consent before collecting personal information from children.


The agency's chairman, Jon Leibowitz, said Wednesday that federal regulators were trying to keep pace with the growing use of mobile devices by those under age 13 — and the rapidly evolving tactics and tracking tools of marketers and data brokers that collect detailed dossiers on Americans and their online activities.


The new rules — the first major update to federal laws on children's online privacy in 14 years — require a parent's consent to collect those kinds of personal details that can be used to identify, locate or contact a child and pass that information on to third parties.








The FTC struck a balance between shielding kids from potential harm and ensuring that the marketplace for kids' mobile apps and online services would continue to flourish, Leibowitz said during a Capitol Hill news conference.


Under the broader rules, the FTC said companies must get permission from parents before collecting photographs and videos as well as deploying tracking tools, such as cookies, which use IP addresses and mobile device IDs to follow a child on the Web.


Quiz: What set the Internet on fire in 2012?


The move comes one week after the agency said it was investigating mobile app developers who might have gathered information from kids without their parents' consent. The agency did not name the companies or say how many it was investigating.


"We are at a critical moment in the growth of the children's digital marketplace as social networks, mobile phones and gaming platforms become an increasingly powerful presence in the lives of young people," said Kathryn Montgomery, a children's advocate and a professor of communications at American University. "The new rules should help ensure that companies targeting children throughout the rapidly expanding digital media landscape will be required to engage in fair marketing and data collection practices."


Federal regulators had not significantly updated online privacy rules for kids since 1998 when the Children's Online Privacy Protection Act was enacted. That law required online services geared toward kids to notify parents and get their permission before collecting or sharing basic personal information such as names, email addresses or home addresses from those under 13.


The law did not envision today's Internet in which the rapid adoption of mobile devices loaded with apps can relay a person's location and other personal details highly prized by advertisers and data brokers. The FTC began a review of the law in 2010.


James Steyer, chief executive of Common Sense Media Inc., a nonprofit group in San Francisco that studies kids' use of technology, said the new rules put parents — not corporations — back in charge as gatekeepers for kids.


"All of the companies and developers in the online and mobile space benefit from the share and use of personal information. But they also have a responsibility for providing parents with information and tools so they can make smart choices about what their young children do and share online, and so far, most of these companies have failed to live up to that responsibility," Steyer said.


But software developers — many of whom are parents themselves — said the FTC is giving their industry, which makes products including educational tools and games for kids, a bad rap.


"It's a little alarming that the FTC has chosen to paint all children's apps with the same brush," said Rick Richter, CEO of Ruckus Media Group Inc. "What this is all about is notifying parents about information we are gathering. We have been fastidious as a company about doing that."


Some app developers warned that the cost of complying with the new regulations would force many of them to stop building apps for kids.


Liability for violating the rules does not extend to Google, Apple and other technology giants that operate online stores that sell kids' apps.


The Application Developers Alliance said the kids' software industry is mostly made up of entrepreneurs who can't afford lawyers to help them navigate the complex new rules governing kids' privacy.


"Ultimately it's the kids, parents and teachers who will suffer," said Tim Sparapani, vice president of law policy and government relations at the alliance.


Josh Hartwell, who runs Mobile Deluxe, a mobile game developer and publisher in Santa Monica, has three kids and a fourth on the way. He said he and many other app developers agree that protecting children's privacy is "paramount" and supports weeding out "bad actors." But he worries that the burdensome new rules will stifle innovation.


"Some of the compliance issues are going to make it tougher for people to create apps for kids," Hartwell said.


But Samantha Lurey, CEO of Go Trexx in Mission Viejo, which makes travel apps for kids, applauded the effort to increase privacy protections for children.


"This is something our firm has wanted to see for a while now. We feel that federal regulators are going in the right direction," Lurey said. "Because our apps are designed for kids, we felt it was really important that we were not capturing any sensitive information. I think other developers will find that it's relatively easy to construct apps that are engaging, entertaining and useful without capturing sensitive information."


jessica.guynn@latimes.com





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Grand jury probes L.A. County sheriff's handling of FBI informant









When Los Angeles County jail officials learned last year that one of their inmates was a secret FBI informant, they launched a plan.


Sheriff's officials moved the inmate from the downtown lockup, where he was surreptitiously collecting information on allegedly abusive and corrupt deputies, to a cell in a patrol station in San Dimas. Jailers kept him under constant watch, sources said, and listed the informant, a convicted bank robber, under a series of aliases — including Robin Banks.


Now, a federal grand jury is investigating whether sheriff's officials moved the informant to hinder an FBI investigation into alleged jail abuses.





Several sheriff's employees have testified at recent grand jury hearings about the handling of the informant, sources said. At least one witness testified that moving the inmate and changing his name was an attempt to hide him from federal agents, and that top officials, including the department's second in command, Undersheriff Paul Tanaka, played a role in the plan, according to a source familiar with the testimony.


Sheriff's officials insist that they were not hiding the informant, Anthony Brown, from the FBI but protecting him from other deputies.


Department spokesman Steve Whitmore said Brown wrote a letter after his identity was discovered, complaining that he feared for his life and felt abandoned by the FBI.


"He was frightened not of inmates but of deputies because he was snitching on deputies," Whitmore said. "We were moving him around to protect him from any kind of retaliation."


The grand jury investigation underscores the rift that developed last year between the Sheriff's Department and federal authorities after deputies discovered the FBI had cultivated an inmate informant as part of a wide-ranging inquiry into the department's jails.


After news broke about the incident, Sheriff Lee Baca publicly accused an FBI agent of possibly committing a crime by smuggling a phone to the informant. He dispatched investigators to the agent's home before determining the case was "not worthy of pursuing."


The grand jury hearings suggest that the federal investigation extends beyond alleged jailhouse abuses by deputies to include the actions of high-ranking members of the department. So far, the U.S. attorney's office has brought charges against only one deputy, who pleaded guilty to bribery for taking money to smuggle the cellphone to the informant.


Laurie Levenson, a professor at Loyola Law School and a former federal prosecutor, said obstruction of justice cases typically involve intimidation or violence against potential witnesses. But she said prosecutors could build a criminal case against sheriff's officials if they can prove the department's goal in moving Brown was to hinder the FBI's investigation of the jails.


"The biggest challenge is probably to show... the purpose of that was to interfere with the investigation as opposed to other legitimate purposes," she said. "If they can show that there was a conspiracy to hide the informant, they'll find a statute that fits."


Sheriff's officials discovered the informant's identity after jail deputies found his phone during a cell search in August 2011. The phone included calls to the FBI. In an interview with The Times earlier this year, the informant said he had been using his phone to take photos and document excessive force inside Men's Central Jail. Brown said FBI agents regularly visited him in court and at jail, where he supplied them with the names of corrupt and abusive deputies.


Brown said FBI agents rushed into the jail to visit him soon after they learned his cover had been blown. But as the meeting began, Brown said, a sheriff's investigator came in and ended it. "This…visit is over," the official said, according to Brown.


Brown said sheriff's officials moved him, changed his name several times and grilled him about what he knew and whether he would testify in the federal investigation.


"I didn't know it then, but they were hiding me from the feds," said Brown, who is serving 423 years to life in prison for armed robbery.


Whitmore, the sheriff's spokesman, disputed Brown's account of the FBI visit, saying it never happened. Federal agents, he said, never asked to visit Brown and would have been given access to the inmate had they requested it.


Sources who were briefed on the department's handling of the informant said the decision to move Brown was made at a meeting attended by Tanaka. One sheriff's employee testified that supervisors made it clear after the meeting that the intent of moving Brown was to hide him from the FBI, according to a source.


Whitmore said Tanaka played no role in Brown's move.


"That is an absurd allegation," he said. "Were the higher-ups briefed about this? Absolutely. But he had nothing to do with this decision other than the fact that he was aware of it."


In the year since the jail abuse scandal erupted, Tanaka has come under heavy criticism. A county commission created to examine the jails accused Tanaka of exacerbating problems in the lockups by encouraging deputies to push legal boundaries and discouraging supervisors from disciplining deputies involved in misconduct.


The undersheriff admitted some fault, but denied that he turned a blind eye to abuse. In testimony before the commission, he accused his detractors of having personal agendas and trying to discredit him by misinterpreting his actions.


At least one witness has told the grand jury that another top sheriff's official — Lt. Greg Thompson, formerly in charge of the jailhouse intelligence team — was also involved in hiding Brown, according to the source.


Thompson was placed on leave last month. Sheriff's officials are investigating whether Thompson had his son, who is also a deputy, confront another jailer to find out what he had told the grand jury about the elder Thompson, according to several sources who asked to remain anonymous because the investigation is ongoing.


Representatives for the FBI and the U.S. attorney's office declined to comment. Whitmore said that Tanaka and Thompson also declined to comment.


jack.leonard@latimes.com


robert.faturechi@latimes.com





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Samsung Galaxy Muse is like an iPod Shuffle that Syncs with Your Phone






In perhaps the most awkwardly titled tech press release ever, Samsung Mobile announced the launch of the new Samsung Galaxy Muse, a device which appears to have nothing to do with “CORRECTING and REPLACING and ADDING MULTIMEDIA” but everything to do with being a music player crossed with a smartphone accessory.


​Say goodbye to iTunes?






While most handheld music players (and smartphone or tablets with music apps) sync with a PC or Mac music app, like iTunes or Banshee, the Samsung Galaxy Muse syncs with your Android phone itself. It uses the Muse Sync app, which Google Play says will install on devices like the Nexus 7 tablet but which Samsung says will only work with the Galaxy S II, Galaxy S III, Galaxy Note and Galaxy Note II smartphones.


​Plug it in, turn it on


The pebble-shaped Muse connects to your Samsung phone via its headset jack. It doesn’t have a screen, so you have to control it iPod Shuffle style, and use the Muse Sync app to see how much of its 4 GB of space are free and decide which playlists to sync. Since it only has those 4 GB, it can only hold a fraction of the music that can be put on the much more powerful smartphones.


​Who is Samsung selling the Galaxy Muse to?


Samsung says “users can sync the songs they want and leave their phone behind,” the usefulness of which may depend on whether or not you feel limited by having to bring your smartphone with you. The press release mentions its “wearable design and small form factor,” and suggests taking it “in place of [your] smartphone … at the gym or on the go.”


​What other gadgets are like the Galaxy Muse?


The most obvious comparison is to the iPod Shuffle, Apple’s similarly tiny and screen-less portable music player. At $ 49, it costs the same as the Galaxy Muse (although a Droid-Life tipster found a $ 25 off coupon code for the Muse), but comes in seven different colors and has an embossed click-wheel controller instead of a flat and featureless surface. It requires you to use iTunes on a desktop PC or Mac, though.


​On the upside


The Galaxy Muse’s six hours of battery life may not be suitable for all-day listening, but may at least take the pressure off of a battery-hungry smartphone (so long as it’s one of Samsung’s flagship models). And as PCMag’s Chloe Albanesius notes, “it’s not very convenient to strap a 5.5-inch Galaxy Note II to your arm when you hit the gym.”


Jared Spurbeck is an open-source software enthusiast, who uses an Android phone and an Ubuntu laptop PC. He has been writing about technology and electronics since 2008.
Linux/Open Source News Headlines – Yahoo! News





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Newsman's disappearance largely kept secret


NEW YORK (AP) — NBC was able to keep the abduction of chief Middle East correspondent Richard Engel in Syria largely a secret until he escaped late Monday because it persuaded some of this country's most prominent news organizations to hold back on the story.


Otherwise, the disappearance of Engel — probably the most high-profile international television reporter on a U.S. network — would have been big news.


Engel and three colleagues, producers Ghazi Balkiz and Aziz Akyavas and photographer John Kooistra, escaped during a firefight between rebels and their captors, forces sympathetic to the Syrian government. The journalists were dragged from their cars, kept bound and blindfolded and threatened with death.


NBC said it did not know what had happened to the men until after their escape. The first sign of trouble came last Thursday, when Engel did not check back with his office at an agreed-upon time.


The Associated Press learned of Engel's disappearance independently and was asked to keep the news quiet upon contacting NBC, said John Daniszewski, the AP's vice president and senior managing editor.


"A general principle of our reporting is that we don't want to write stories that are going to endanger the lives of the people that we are writing about," Daniszewski said. The first few days after an abduction are often crucial to securing the captive's release.


In any case, he said, the AP never had enough information to report to its standards. "The fragmentary information we did receive was not solid or sourced in a way we could use. We had no actual news to report until they got out on Tuesday and NBC went public with the story," he said.


CBS News also said that it had honored NBC's request, but a spokeswoman declined to discuss it. ABC, Fox News and CNN were also contacted by NBC.


CNN, in an editor's note affixed to a website story on Engel's escape, noted NBC's request. CNN said it complied to allow fact-finding and negotiations to free the captors before it became a worldwide story.


"Hostage negotiators say that once the global spotlight is on the missing, the hostages' value soars, making it much harder to negotiate their freedom," CNN said.


For similar reasons, the AP did not report its own news several years ago when a photographer was kidnapped in the Gaza Strip, securing his release within a day. In one celebrated case of secrecy, The New York Times withheld news that reporter David Rohde was kidnapped while trying to make contact with a Taliban commander in Afghanistan. Rohde escaped after seven months in captivity.


It wasn't clear whether Engel's abductors knew what they had at the time. That knowledge, CNN argued, could have greatly complicated any negotiations. In this case, the captors did not make any ransom demands during the time he was missing.


This isn't simply a professional courtesy; the AP has withheld news involving overseas contractors in the past, Daniszewski said. For similar reasons, the organization does not reveal details of military or police actions it learns about beforehand if the news will put people at risk, and doesn't write about leaders heading into war zones until they are safely there.


Still, it's not a decision lightly taken by news organizations. "The obligation of journalists is to report information, not withhold it, except in exceptional circumstances," said Robert Steele, a journalism ethics professor at DePauw University.


The news that Engel was missing was first reported Monday by Turkish journalists who had heard about Akyavas' involvement, and was picked up by the U.S. website Gawker.com. In explaining why the news was reported, Gawker's John Cook wrote that no one had told him of a specific or even general threat to Engel's safety.


"I would not have written a post if someone had told me that there was a reasonable or even remote suspicion that anything specific would happen if I wrote the post," Cook wrote.


He also noted that China's Xinhua News Agency and the Breitbart website had also reported on Engel's disappearance. Breitbart's John Nolte attached a note to his report saying that he wasn't even aware of any news embargo until after hearing that Engel had been released.


The news was also tweeted by a small number of journalists, apparently unaware of the embargo request.


Whether a disappearance has become widely known could influence a decision by AP on whether to withhold the news, Daniszewski said. In this case, it wasn't clear that it had been widely circulated, he said.


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