Another surgery — while knee-deep in the insurance swamp

Andrew Fabella, are you out there?

Please report to post-op at Keck Hospital of USC early Monday morning.

I'm coming back to have the other knee done.

That's right, folks, I'm kicking off the new year by getting a partial right knee replacement because my medial cartilage is cottage cheese and I'm bone on bone, just like I was on the left knee. I need to be in top shape this year because I've got mayoral candidates to chase and a 9-year-old daughter who's already too much for me to handle on the tennis courts.

Last August, the surgery was a breeze, but I had a little surprise in post-op. A heart arrhythmia was a bigger problem than anyone knew, and my ticker went on strike for half a minute or so. Fabella, a nurse, saw me flat-line and started chest compressions, which brought me out of sudden cardiac arrest.

Some readers have questioned my sanity in going back for more, but I feel pretty good about it. As several doctors have pointed out, my knee problem may have saved my life, revealing a condition for which I now have a pacemaker.

Besides, I've heard from lots of readers who rave about the surgeon we share: Dr. Daniel Oakes. Same with my cardiologist, Dr. Leslie Saxon, who told me she'll drop by post-op to make sure I don't try any new tricks.

What I dread, more than surgery, is having to strap my leg into the continuous passive motion machine for six hours a day when I get home from the hospital. While you're flat on your back staring at the ceiling, the monotonous motion machine bends your leg, it straightens your leg. Bend. Straighten. Bend. Straighten.

Six hours of this.

The police should strap suspects into these things. They'll confess to anything.

The other thing I dread is the stream of medical mail that is guaranteed to land in my mailbox every few days, every last bit of it entirely indecipherable.

BlueCross BlueShield of Illinois keeps sending me things that say, "This is not a bill."

Then don't send it to me.

It's not as if anything in the correspondence makes sense. And then there's always the line that says, "Amount you may owe provider."

If they're not sure, how can I be?

I was notified by the insurance company last time that home physical therapy was not a covered expense. I'm guessing they'd rather have your knee lock up until your leg has to be amputated, ruling out any future billing for osteoarthritis.

I was looking for a number to call, so I could contest the decision, when I discovered on the last page of a six-page waste of paper that I "may be eligible" to receive my "adverse determination" in several languages. According to this document, I could be denied coverage in Spanish, Tagalog, Chinese or Navajo.

Sure, send one of each.

A Keck medical assistant told me to ignore the denial and get the physical therapy while the insurance company bean counters and medical administrators fought it out.

Can't they all just get along?

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We Salute the First Baby Senator

We realize there’s only so much time one can spend in a day watching new trailers, viral video clips, and shaky cell phone footage of people arguing on live television. This is why every day The Atlantic Wire highlights the videos that truly earn your five minutes (or less) of attention. Today:

RELATED: Claire McCaskill and How to Attack the Opponent You’re Rooting For

Here’s our suggestion to improve the (already pretty hilarious) swearing-in process for U.S. Senators: Each new member of Congress must bring a cute baby.

RELATED: Rand Paul Doesn’t Want You to Go to Jail for Smoking Pot

RELATED: Larry David’s Two-Minute Guide to Etiquette

Apparently the BBC has decided to market a line of lunch boxes specifically made for hungry polar bears. They are still working out the kinks: 

RELATED: Homer Simpson, Fox News Pundit; Books After Dark

RELATED: Bo Obama Stays On Message; Sarah Palin Can See HBO in Her House

The Golden Globes will be bittersweet this year. Don’t get us wrong — we’re really excited to watch Amy Poehler and Tina Fey entertain us. But we’ll also be also really sad when this thing is over because it means the end of these promos:

And finally, it’s Friday. And it’s time to dance. Enjoy your weekend. 

Wireless News Headlines – Yahoo! News

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Poet-performer Jayne Cortez dies in NY at age 78

NEW YORK (AP) — Jayne Cortez, a forceful poet, activist and performance artist who blended oral and written traditions into numerous books and musical recordings, has died. She was 78.

The Organization of Women Writers of Africa says Cortez died of heart failure in New York on Dec. 28. She had helped found the group and, while dividing her time between homes in New York and Senegal, was planning a symposium of women writers to be held in Ghana in May.

Cortez was a prominent figure in the black arts movement of the 1960s and '70s that advocated art as a vehicle for political protest. She cited her experiences trying to register black voters in Mississippi in the early '60s as a key influence.

A native of Fort Huachuca, Ariz., she was raised in the Watts section of Los Angeles. She loved jazz since childhood and would listen to her parents' record collection. Musicians including trumpeter Don Cherry would visit her home and through them she met her first husband, Ornette Coleman, one of the world's greatest jazz artists. They were married from 1954 to 1964.

Her books included "Scarifications" and "Mouth On Paper," and she recorded often with her band the Firespitters, chanting indictments of racism, sexism and capitalism. Its members included her son, drummer Denardo Coleman, and several other members of Ornette Coleman's electronic Prime Time band, guitarist Bern Nix and bassist Al McDowell.

Cortez, who described herself as a "jazz poet," performed all over the world and her work was translated into 28 languages. At the time of her death, she was living with her second husband, the sculptor Melvin Edwards.

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Despite New Health Law, Some See Sharp Rise in Premiums

Health insurance companies across the country are seeking and winning double-digit increases in premiums for some customers, even though one of the biggest objectives of the Obama administration’s health care law was to stem the rapid rise in insurance costs for consumers.

Bob Chamberlin/Los Angeles Times

Dave Jones, the California insurance commissioner, said some insurance companies could raise rates as much as they did before the law was enacted.

Particularly vulnerable to the high rates are small businesses and people who do not have employer-provided insurance and must buy it on their own.

In California, Aetna is proposing rate increases of as much as 22 percent, Anthem Blue Cross 26 percent and Blue Shield of California 20 percent for some of those policy holders, according to the insurers’ filings with the state for 2013. These rate requests are all the more striking after a 39 percent rise sought by Anthem Blue Cross in 2010 helped give impetus to the law, known as the Affordable Care Act, which was passed the same year and will not be fully in effect until 2014.

 In other states, like Florida and Ohio, insurers have been able to raise rates by at least 20 percent for some policy holders. The rate increases can amount to several hundred dollars a month.

The proposed increases compare with about 4 percent for families with employer-based policies.

Under the health care law, regulators are now required to review any request for a rate increase of 10 percent or more; the requests are posted on a federal Web site, healthcare.gov, along with regulators’ evaluations.

The review process not only reveals the sharp disparity in the rates themselves, it also demonstrates the striking difference between places like New York, one of the 37 states where legislatures have given regulators some authority to deny or roll back rates deemed excessive, and California, which is among the states that do not have that ability.

New York, for example, recently used its sweeping powers to hold rate increases for 2013 in the individual and small group markets to under 10 percent. California can review rate requests for technical errors but cannot deny rate increases.

The double-digit requests in some states are being made despite evidence that overall health care costs appear to have slowed in recent years, increasing in the single digits annually as many people put off treatment because of the weak economy. PricewaterhouseCoopers estimates that costs may increase just 7.5 percent next year, well below the rate increases being sought by some insurers. But the companies counter that medical costs for some policy holders are rising much faster than the average, suggesting they are in a sicker population. Federal regulators contend that premiums would be higher still without the law, which also sets limits on profits and administrative costs and provides for rebates if insurers exceed those limits.

Critics, like Dave Jones, the California insurance commissioner and one of two health plan regulators in that state, said that without a federal provision giving all regulators the ability to deny excessive rate increases, some insurance companies can raise rates as much as they did before the law was enacted.

“This is business as usual,” Mr. Jones said. “It’s a huge loophole in the Affordable Care Act,” he said.

While Mr. Jones has not yet weighed in on the insurers’ most recent requests, he is pushing for a state law that will give him that authority. Without legislative action, the state can only question the basis for the high rates, sometimes resulting in the insurer withdrawing or modifying the proposed rate increase.

The California insurers say they have no choice but to raise premiums if their underlying medical costs have increased. “We need these rates to even come reasonably close to covering the expenses of this population,” said Tom Epstein, a spokesman for Blue Shield of California. The insurer is requesting a range of increases, which average about 12 percent for 2013.

Although rates paid by employers are more closely tracked than rates for individuals and small businesses, policy experts say the law has probably kept at least some rates lower than they otherwise would have been.

“There’s no question that review of rates makes a difference, that it results in lower rates paid by consumers and small businesses,” said Larry Levitt, an executive at the Kaiser Family Foundation, which estimated in an October report that rate review was responsible for lowering premiums for one out of every five filings.

Federal officials say the law has resulted in significant savings. “The health care law includes new tools to hold insurers accountable for premium hikes and give rebates to consumers,” said Brian Cook, a spokesman for Medicare, which is helping to oversee the insurance reforms.

“Insurers have already paid $1.1 billion in rebates, and rate review programs have helped save consumers an additional $1 billion in lower premiums,” he said. If insurers collect premiums and do not spend at least 80 cents out of every dollar on care for their customers, the law requires them to refund the excess.

As a result of the review process, federal officials say, rates were reduced, on average, by nearly three percentage points, according to a report issued last September.

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Vast cache of Kaiser patient details was kept in private home

Federal and state officials are investigating whether healthcare giant Kaiser Permanente violated patient privacy in its work with an Indio couple who stored nearly 300,000 confidential hospital records for the company.

The California Department of Public Health has already determined that Kaiser "failed to safeguard all patients' medical records" at one Southern California hospital by giving files to Stephan and Liza Dean for about seven months without a contract. The couple's document storage firm kept those patient records at a warehouse in Indio that they shared with another man's party rental business and his Ford Mustang until 2010.

Until this week, the Deans also had emails from Kaiser and other files listing thousands of patients' names, Social Security numbers, dates of birth and treatment information stored on their home computers.

The state agency said it was awaiting more information from Kaiser on its "plan of correction" before considering any penalties.

Officials at the U.S. Department of Health and Human Services began looking into Kaiser's conduct last year after receiving a complaint from the Deans about the healthcare provider's handling of patient data, letters from the agency show. Kaiser said it hadn't been contacted by federal regulators, and a Health and Human Services spokesman declined to comment.

Kaiser said it remained confident that this patient information was never disclosed or accessed inappropriately. It said that some employees were disciplined because company policies were not followed and that it had informed regulators of the steps it had taken to ensure this type of incident didn't happen again.

"Kaiser Permanente is committed to protecting the medical and personal privacy of its patients," spokesman John Nelson said. "In retrospect, we certainly wish we'd never done business with Mr. Dean."

Even with tougher government oversight of medical privacy in recent years, this case underscores how confidential patient information remains vulnerable in the hands of big healthcare institutions and legions of outside contractors.

"Kaiser has shown extraordinary recklessness in this situation," said Beth Givens, director of the Privacy Rights Clearinghouse in San Diego. "Healthcare companies have to make sure their contractors adhere to ironclad security practices."

Federal and state laws impose strict standards on anyone dealing with patient information. The privacy rule of the federal Health Insurance Portability and Accountability Act, known as HIPAA, bans the unauthorized disclosure of individuals' medical records and requires healthcare providers and vendors, such as billing and storage companies, to protect the information.

Despite those rules, personal medical information of 21 million people nationwide has been improperly exposed since 2009, according to federal data. Last year, Blue Cross Blue Shield of Tennessee agreed to pay $1.5 million to resolve allegations it violated federal law after 57 computer hard drives with patient information were stolen from an outside facility.

In October, Kaiser sued the Deans in Riverside County Superior Court, accusing them of violating their contract by not returning all of its patient information two years ago when Kaiser picked up the paper records.

In court filings, Kaiser said the Deans put patient data at risk by leaving two computer hard drives in their garage with the door open. In response, Stephan Dean moved them to a spare room. On a recent day they sat next to a red recliner where Ziggy, the family's black-and-white cat, curled up for a nap. Dean said those hard drives contained spreadsheets on thousands of Kaiser patients, prepared at the company's request.

At one point, Dean told Kaiser he was planning to contact patients about the whereabouts of their medical information because he felt Kaiser hadn't taken proper precautions. The company sought a temporary restraining order against Dean, barring him from disclosing any confidential information. A Superior Court judge granted Kaiser's request until Thursday, when another hearing is scheduled.

Dean, 47, got his foot in the door at Kaiser from his previous work labeling paper folders for courthouses, hospitals and doctors.

But the demand for folders was slipping as hospitals and doctors used computers more. Kaiser was at the forefront of this as it invested billions of dollars in its HealthConnect system, which it bills as the largest private-sector electronic health record in the world. Kaiser, with more than 9 million customers, is the nation's largest nonprofit insurer and hospital system.

Dean said his small business, Sure File Filing Systems, got a big break when Kaiser acquired the Moreno Valley Community Hospital in 2008. The company needed to organize and clear out thousands of old patient files and it gave the job to the Deans, Kaiser records show.

In August 2008, the Deans started packing up thousands of files from Moreno Valley and moving them to the warehouse in Indio.

Hospital clerks routinely messaged Dean asking him to pull records on specific patients, emails sent by Kaiser to Sure File show. Dean said some Kaiser employees would put the patient's full name in the subject line of the email, and other messages listed the patient's Social Security number, date of birth, doctors' names and treatment dates. One message started, "Good Morning Sure File," and requested adoption records for a child.

Dean said Kaiser showed little concern for patient privacy in handling those requests. Only one out of more than 600 emails from Kaiser was password-protected with encryption, he said. Many medical providers use such technology so information isn't visible to others.

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Obama likely to nominate Chuck Hagel for Defense secretary

WASHINGTON — President Obama is expected to nominate Chuck Hagel, a former Republican senator and Vietnam veteran, to be Defense secretary, officials said, setting up a confirmation battle with lawmakers and interest groups critical of Hagel's views on Israel and Iran.

White House officials said Friday that the president hadn't formally offered the job to Hagel, but others familiar with the process said that the announcement could come as soon as Monday.

Hagel, who was elected to the Senate from Nebraska in 1996 and retired in 2008, was awarded two Purple Hearts for wounds he received as a soldier in Vietnam. His experience serving in that war made him wary about using force unless other options had been tried, he said in a recent interview with the history magazine Vietnam.

"I'm not a pacifist. I believe in using force but only after a very careful decision-making process. … I will do everything I can to avoid needless, senseless war," he said.

By nominating a Republican to run the Defense Department, Obama would give his second-term national security team a bipartisan cast as the White House is rapidly winding down the war in Afghanistan and planning for even deeper cuts in the defense budget. Hagel's criticism of the Iraq war has made him deeply unpopular with many conservative Republicans, however.

The choice also sets up a possibly contentious confirmation fight with Israel's defenders in Washington, some of whom mounted a public campaign to head off Hagel's nomination. They criticized him for past comments calling on Israel to negotiate with Palestinian groups and for opposing some sanctions aimed at Iran.

Hagel, who would succeed Leon Panetta as Defense secretary, has also been criticized by some liberal Democrats and gay rights organizations for a comment he made during the Clinton presidency, calling an ambassadorial nominee "openly, aggressively gay" — a comment Hagel recently apologized for.

Diving into a fight over nominating Hagel would appear to mark a sharp departure for Obama, who has generally avoided battles over selections for major posts. But a decision to pick another candidate would also have been damaging to Obama because it would have been his second surrender on a top Cabinet choice within a month.

Susan Rice, the U.S. ambassador to the United Nations, withdrew her name from consideration as a possible secretary of State nominee last month after drawing heavy criticism from Republicans over her statements after the September attack on a U.S. diplomatic mission in Benghazi, Libya.

The selection of Hagel would also leave unresolved the problem of how Obama is going to add more women to the senior ranks of his national security apparatus. Senior Democratic women — including some in the administration — have said that aside from Secretary of State Hillary Clinton, foreign policy has been decided by a small group of men in the White House.

Though senators from both parties have voiced reservations about Hagel, few have announced they would vote against him, a sign of caution the White House may be counting on to get him confirmed.

Hagel's record on Israel and Iran are likely to be the main focus of the nomination battle. William Kristol, the editor of the conservative Weekly Standard, published a "special editorial" Friday accusing him of having "dangerous views on Iran" and an "unpleasant distaste for Israel and Jews."

Critics have cited a comment Hagel made in 2008 to author and former State Department Middle East peace negotiator Aaron David Miller about why he sometimes opposed pro-Israel groups in the Senate.

"The Jewish lobby intimidates a lot of people up here," Hagel said, but "I'm a United States senator. I'm not an Israeli senator."

They also have cited his calls for direct negotiations with Hamas, the Palestinian militant group that the U.S. and Israel refuse to deal with directly, and his votes against some Iran sanctions.

But defenders and former aides say Hagel showed his support for Israel by voting repeatedly to provide it with military aid and by calling for a comprehensive peace deal with the Palestinians that should not include any compromise regarding Israel's Jewish identity and that would leave Israel "free to live in peace and security."

They note that he also supported three major Iran sanctions bills: the Iran Missile Proliferation Sanctions Act of 1998, the Iran Nonproliferation Act of 2000 and the Iran Freedom Support Act of 2006.

In the Senate, Hagel initially voted to give the George W. Bush administration authority to go to war in Afghanistan and Iraq, but he later harshly criticized the conduct of both wars, irritating fellow Republicans and making him popular with Democrats critical of those wars.

Obama and Hagel formed a close relationship in the Senate, and their foreign policy views seem closely aligned. Like Obama, Hagel has called for negotiations with Iran over its nuclear program, a position that made some pro-Israel advocates wary about whether Hagel would back using force against Iran if diplomatic efforts to halt the program failed.

Andrew Parasiliti, an aide to Hagel from 2001 to 2005, said Hagel has never ruled out using force against Iran if negotiations fail.

"He is a patriot and war hero, and he has developed a caution, and wisdom, about the use of force that was shaped in part from his experiences on the front lines in that war," Parasiliti said, referring to Vietnam.

Hagel is close to Vice President Joe Biden, the former chairman of the Senate Foreign Relations Committee. In 2009, Obama appointed him to be chairman of the President's Intelligence Advisory Board, which advises the White House on intelligence issues.

A Hagel nomination appealed to some White House aides after the bitter election campaign because it would show bipartisanship and might help win congressional support for expected cuts to the defense budget. He would be the second Republican to run the Defense Department for Obama, who kept Robert M. Gates at the Pentagon after taking office in 2009.

But Hagel's maverick qualities while in the Senate and his criticism of the Bush administration's foreign policy left him with little support in the conservative Republican Senate caucus. And the pro-Israel and gay rights groups that oppose him have strong influence in the Democratic Party

Obama will need to deal with opposition from a number of pro-Israel senators from both parties who have already raised questions about their support for Hagel. One example is Charles E. Schumer (D-N.Y.), who has distanced himself from Hagel in comments last month. Sen. Carl Levin (D-Mich.), chairman of the Senate Armed Services Committee, has also raised questions about Hagel's past comments.

The presumption is that a president will win approval in the Senate for his nominees for top posts. Only in rare cases, such as Sen. John Tower's nomination for the Defense post in the 1980s, has the Senate blocked such a choice.

david.cloud@latimes.com

brian.bennett@latimes.com

Paul Richter and Christi Parsons in the Washington bureau contributed to this report.

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How BuzzFeed Is Betting on Hollywood, Long-Form Writing to Grow

LOS ANGELES (TheWrap.com) – Last January, BuzzFeed, then an aggregator of memes and cat videos, secured a $ 15.5 million round of venture capital to beef up a craft that most traditional media was downsizing: journalism.

It hired dozens of reporters and editors, opened bureaus in Washington, D.C., and Los Angeles and became a must-read for political junkies during the 2012 presidential election.

On Thursday, the company took another step.

It added adding a fourth round of capital investment – this time worth $ 19.3 million. And it plans to expand in two major ways: literary, long-form journalism like the kind practiced by New York magazine and the New Yorker, and – with two former Los Angeles Times staffers newly on board – its Hollywood coverage.

BuzzFeed’s been on a roll. According to the privately held company‘s internal traffic numbers, the 8 million unique monthly visitors it drew in 2008 has swelled to 40 million, and revenue for 2012 may triple that of 2011, a spokeswoman for BuzzFeed told TheWrap.

Writing in the Wall Street Journal on Friday, Tom Gara reported that some analysts place the company’s valuation at $ 200 million and say that revenues may reach $ 40 million this year.

Most of BuzzFeed’s traffic currently comes from its odd mix of news and eccentricity on the homepage. Friday morning, spotlighted stories ranged from J.J. Abrams screening his new “Star Trek” for a dying fan and Sen. Tammy Baldwin talking about breaking the glass ceiling to: “How to Murder Your Friend’s Facebook Page” and “Here Are Some Elephants Eating Christmas Trees.”

But there’s no question things are changing.

The first thing CEO Jonah Peretti did with his 2012 investment cash was hire Ben Smith, a Politico veteran, as the site’s first editor-in-chief. Smith then kicked off a hiring spree of reporters and got to work. Already BuzzFeed is beginning to break stories and get quoted by aggregators.

McKay Coppins, the site’s political editor, embedded with Republican presidential nominee Mitt Romney’s campaign. John Stanton, a veteran reporter in Washington, was named BuzzFeed’s first D.C. bureau chief. Michael Hastings, the dogged journalist whose Rolling Stone exposé of Gen. Stanley McChrystal’s private disagreements with President Obama over Afghanistan led to his resignation, joined the team.

Then, less than a year into its political foray, the site hired former Spin magazine chief Steve Kandell to make the push for longform journalism.

It began with an experiment – a 7,118-word post from last October titled “Can You Die From a Nightmare?” that garnered more than 115,000 hits. Another in October titled “Making Mitt: The Myth of George Romney” drew nearly 130,000 views. This convinced Smith and his team that literary journalism had a niche in the viral news market.

Despite the internet school of thought that briefer is better, Kandell said he has no plans to restrict stories’ word counts.

“If someone has a story that has to be 10,000 words, I don’t know why that couldn’t be,” Kandell said.

“I don’t think people necessarily have a certain fatigue level when it gets to a certain length and people start trailing out.”

Kandell says he plans in the coming months to start publishing at least one long-form story a week and may even start packaging and selling the stories as Amazon Kindle singles or as audiobooks.

Kandell assembled a “Best of 2012″ post for his nascent section of the site. The stories ranged from the tale of BuzzFeed’s own political editor Coppins, a Mormon, watching attitudes toward his and Romney’s religion change throughout the campaign to an inside look at the “Dark World of Online Sugar Daddies.”

Plans are to cover more foreign policy and national security issues from a Washington-centered perspective – and to add Hollywood into the mix. The only hands-off topic, apparently, will be international news.

“We’ve played around with ways to make world news more sharable, just like every editor at every publication,” he said, noting that readers liked a roundup of Instagram photos of the civil war in Syria. “It’s really hard, it’s not something we want to jump into without really knowing what we’re doing.”

As for Hollywood, BuzzFeed hired Richard Rushfield, former entertainment editor of LATimes.com, and ex-Times television editor Kate Aurthur, also a former Daily Beast staffer, to jump-start its bureau.

Smith said he plans to forge a presence in Los Angeles second only to its flagship New York bureau. A Hollywood vertical is expected to launch on January 7.

To that end, the site is entering a crowded space – one dominated by publications like Variety, the Hollywood Reporter, TheWrap, Vulture and the Times – but Rushfield said he plans to cover entertainment through BuzzFeed’s social-web lens: If it’s irresistibly share-worthy, it’s publishable.

“We have a unique position, despite how crowded the beat is,” Rushfield told TheWrap, adding that they won’t be competing with trades over stories concerning studio executives and casting deals. “One of our advantages is that we are not going to be going after every single story that the trades are – we have more room to take the things that we think can be interesting. What BuzzFeed is about is writing news that will be of interest to the social web.”

Now the trick is to make all these editorial investments worthwhile financially.

Revenue growth from its advertising model has been climbing, chief operating officer Jon Steinberg told TheWrap.

Forgoing the usual banners and display ads, BuzzFeed offers its clients “branded content.” For example, Scope mouthwash sponsored a “listicle” on the most “courageous” mustaches.

To that end, the advertising team, which is made up of 20 people that report to Steinberg, works with brands from General Electric to Virgin Mobile to devise sharable pieces of content.

The ratio of advertorial to editorial content on the homepage is usually about one to every six or so stories,” he said.

Those branded-content headlines garner 10-20 times the click-through rates of blinking banner and display ads, Steinberg told TheWrap.

“You compare those ads in the 1950s to modern advertising, you realize how broken modern advertising is,” Steinberg said. “Most publishers and media companies say you can’t make money on modern advertising.”

But – though he declined to reveal exact numbers, as BuzzFeed is a private company – the model helped to increase revenue last year and has allowed the publication to focus solely on its advertising stream.

He said the company has no immediate plans to enter the conference business popular with online publications including the Business Insider, AllThingsD and TheWrap.

“This is our Google ad words,” Steinberg said of the innovative advertising tool that Google pioneered in the mid-2000s. “If we were Apple, this would be our manufacturing of great hardware products.”

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Pacino says he didn't want to meet Spector

PASADENA, Calif. (AP) — Al Pacino said Friday that he decided not to meet famed record producer and convicted killer Phil Spector before portraying him in an HBO movie — only to find he already had.

A friend showed Pacino a 20-year-old photo in which the actor was standing next to Spector. Pacino said he has no memory of the moment.

The movie, "Phil Spector," debuts in March. It focuses on the client-attorney relationship between Spector and Linda Kenney Baden, who represented him in his first trial after he was charged with the murder of actress Lana Clarkson. That ended in a mistrial, but Spector was convicted in a second trial and is now serving 19 years to life in prison.

Pacino wore a dizzying array of wigs in his portrayal of the eccentric Spector, whose "Wall of Sound" style was an integral part of pop music in the early 1960s. The actor said he decided not to meet Spector in prison because he'd be a different man than the one Pacino is portraying, who had not yet been convicted of a crime.

He watched video clips of Spector to help him with his portrayal.

"I didn't know anything about him, except that he was responsible for a lot of great music and this strange case," Pacino said.

Actress Helen Mirren, who portrayed Baden, said she heard stories about Spector from her filmmaker husband, Taylor Hackford, who had hired Spector to provide music for his 1980 film, "The Idolmaker."

The Academy Award-winning Mirren was a last-minute substitute in her role. Bette Midler had begun filming as Baden, but had to withdraw because of a bad back. The film's executive producers are Barry Levinson and David Mamet.

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Pregnancy Centers Gain Influence in Anti-Abortion Fight

Brandon Thibodeaux for The New York Times

Amber Jupe, right, attended a session conducted by Margo Shanks at a Care Net facility; the program addressed signs of fetal alcohol syndrome.

WACO, Tex. — With free pregnancy tests and ultrasounds, along with diapers, parenting classes and even temporary housing, pregnancy centers are playing an increasingly influential role in the anti-abortion movement. While most attention has focused on scores of new state laws restricting abortion, the centers have been growing in numbers and gaining state financing and support.

Largely run by conservative Christians, the centers say they offer what Roland Warren, head of Care Net, one of the largest pregnancy center organizations, described as “a compassionate approach to this issue.”

As they expand, they are adding on-call or on-site medical personnel and employing sophisticated strategies to attract women, including Internet search optimization and mobile units near Planned Parenthood clinics.

“They’re really the darlings of the pro-life movement,” said Jeanneane Maxon, vice president for external affairs at Americans United for Life, an anti-abortion group. “That ground level, one-on-one, reaching-the-woman-where-she’s-at approach.”

Pregnancy centers, while not new, now number about 2,500, compared with about 1,800 abortion providers. Ms. Maxon estimated that the centers see about a million clients annually, with another million attending abstinence and other programs. Abortion rights advocates have long called some of their approaches deceptive or manipulative. Medical and other experts say some dispense scientifically flawed information, exaggerating abortion’s risks.

Jean Schroedel, a Claremont Graduate University politics professor, said that “there are some positive aspects” to centers, but that “things pregnant women are told at many of these centers, some of it is really factually suspect.”

The centers defend their practices and information. “Women who come in are constantly telling us, ‘Abortion seems to be my only alternative and I think that’s the best thing to do,’ ” said Peggy Hartshorn, president of Heartbeat International, which she described as a “Christ-centered” organization with 1,100 affiliates. “Centers provide women with the whole choice.”

One pregnant woman, Nasya Dotie, 21, single, worried about finishing college and disappointing her parents, said she was “almost positive I was going to have an abortion.”

A friend at her Christian university suggested visiting Care Net of Central Texas. She met with a counselor, went home and considered her options. She returned for an ultrasound, and though planning not to look at the screen, when a clinician offered, she agreed. Then, “I was like, ‘That’s my baby. I can’t not have him.’ ”

Thirteen states now provide some direct financing; 27 offer “Choose Life” license plates, the proceeds from which aid centers. In 2011, Texas increased financing for the centers while cutting family planning money by two-thirds, and required abortion clinics to provide names of centers at least 24 hours before performing abortions. In South Dakota, a 2011 law being challenged by Planned Parenthood requires pregnancy center visits before abortions.

Cities like Austin, Baltimore and New York have tried regulating centers with ordinances requiring them to post signs stating that they do not provide abortions or contraceptives, and disclosing whether medical professionals are on-site. Except for San Francisco’s, the laws were blocked by courts or softened after centers sued claiming free speech violations. Similar bills in five states floundered. Most legal challenges to “Choose Life” license plates failed, although a North Carolina court said alternate views must be offered.

Some observers say harsh anti-abortion statements from the 2012 elections may also benefit pregnancy centers.

“Do you want some individual politician talking about rape, or some woman who says, ‘I care about you’?” Dr. Schroedel said.

Conservatives like Rick Santorum, during his presidential campaign, and the Texas governor, Rick Perry, have praised pregnancy centers.

Some centers use controversial materials stating that abortion may increase the risk of breast cancer. A brochure issued by Care Net’s national organization, for example, says, “A number of reliable studies have concluded that there is an association between abortion and later development of breast cancer.”

Dr. Otis Brawley, the American Cancer Society’s chief medical officer, who calls himself a “pro-life Catholic,” said studies showing abortion-breast cancer links are “very weak,” while strong studies find no correlation.

Other claims include long-term psychological effects. The Care Net brochure says that “many women experience initial relief,” but that “women should be informed that abortion significantly increases risk for” clinical depression, suicidal thoughts and behavior, post-traumatic stress disorder and other problems. An American Psychological Association report found no increased risk from one abortion.

With largely volunteer staffs and donations from mostly Christian sources, centers usually offer free tests and ultrasounds, services that clinics like Planned Parenthood charge for. They offer advice about baby-rearing or adoption, ask if women are being pressured to abort, and give technical descriptions of abortion and fetal development. Many offer prayer and Bible study.

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FDA proposes sweeping new food safety rules

The Food and Drug Administration has proposed sweeping rules to curtail food-borne illnesses that kill thousands of Americans annually — and, in the process, to transform itself into an agency that prevents contamination, not one that merely investigates outbreaks.

The rules, drafted with an eye toward strict standards in California and some other states, enable the implementation of the landmark Food Safety Modernization Act that President Obama signed two years ago in response to a string of deadly outbreaks of illness from contaminated spinach, eggs, peanut butter and imported produce.

The first proposed rule would require domestic and overseas producers of food sold in the U.S. to craft a plan to prevent and deal with contamination of their products. The plans would be open to federal audits. The second rule would address contamination of fruit and vegetables during harvesting.

One in six Americans suffers from a food-borne illness annually, a "substantial burden" on the country, according to the FDA. Of those who get sick, about 130,000 end up hospitalized and 3,000 die.

A salmonella outbreak in peanut butter last fall prompted the FDA to shut down a New Mexico production facility of Sunland Inc. and initiate a mass recall from retailers such as Trader Joe's. A listeria outbreak in several states last year also killed dozens of people.

"The FDA Food Safety Modernization Act is a common-sense law that shifts the food safety focus from reactive to preventive," Health and Human Services Secretary Kathleen Sebelius said Friday in releasing the proposals.

The outbreaks of the last several years pushed consumer advocates and much of the food industry to back more stringent standards.

Many welcomed the proposed rules, although consumer advocates pointed out that the standards were delayed in the White House a year past their congressionally mandated due date, giving rise to concerns that the Obama administration sought to avoid any political fallout in an election year.

The 2011 food safety act, the most comprehensive overhaul of the food industry in 70 years, was to be built on three sets of regulations, not just the two issued Friday, said Caroline Smith DeWaal, food safety director at the Center for Science in the Public Interest, a Washington consumer advocacy group.

The third rule, which has yet to be issued, would establish how food importers would verify that the products they bring in meet U.S. standards.

Last year more than 800 cases of illness were caused in the U.S. by contaminated imported tuna flakes, cantaloupes, mangoes and ricotta cheese, DeWaal said, citing data from the Centers for Disease Control and Prevention.

"It's supposed to be a three-legged stool in terms of consumer protection," DeWaal said, "and one leg is still missing."

The FDA said developing the complex new rules took time as it consulted "consumers, government, industry, researchers and many others," and "studied, among many other sources, the California leafy greens marketing agreement." Additional rules will "follow soon," the agency said.

The California Leafy Green Products Handler Marketing Agreement, formed in 2007 after an E.coli outbreak tied to spinach crops, mandates that farmers fund government audits of their food safety processes. Melon growers in California have a similar agreement and last year made it mandatory, said Stephen Patricio, president of Westside Produce in Firebaugh, Calif., which grows, packs and ships melons.

"California has the most stringent requirements," Patricio said. "It's the culture of food safety that is important, and California farmers have been working on the culture of food safety for a decade."

As a result, the proposed federal regulations aren't expected to force substantial changes in the way many crops in California are handled. Melons in the state also have a mandatory code on every box that is shipped that would allow authorities to track where the fruit came from and when it was harvested, a policy that was proposed in the new regulations.

Eric Hanagan already has implemented some of the policies suggested in the proposed guidelines.

Hanagan's 1,500-acre farm, which grows melons and vegetables in the Rocky Ford area of Colorado, was hit hard when a nearby farm was blamed for a 2011 listeria outbreak that killed 25 people. In response, Hanagan and other farmers adopted rules that they hoped would restore the region's reputation.

His vegetables are now shipped with codes that allow them to be tracked, and every winter he and other regional farmers go to classes about food safety. Hanagan's farm is inspected twice a year by the state, one of the inspections unannounced. Inspectors talk to each worker individually and regulate what kind of shoes, clothes and jewelry they can wear.

Hanagan estimates that the regulations cost medium-sized farms about $5,000 to $7,500 a year, which includes the cost of time for training workers and attending classes. But, he said, it's worth every penny.

"We need to have safe food, because if you get a consumer sick, you're done," he said. Jensen Farms, the Colorado farm blamed for the listeria outbreak, filed for bankruptcy in May.

The FDA will gather public comment for 120 days before finalizing the rules. Large farms would have 26 months to comply with most of the new requirements after the final rules are published; smaller farms would have longer.

neela.banerjee@latimes.com

alana.semuels@latimes.com

Times staff writer Tiffany Hsu contributed to this report.

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Bieber urges crackdown on paparazzi after photographer's death

Justin Bieber and his collection of exotic cars have been tantalizing targets for celebrity photographers ever since the young singer got his driver's license.

A video captured the paparazzi chasing Bieber through Westside traffic in November. When Bieber's white Ferrari stops at an intersection, the video shows the singer turning to one of the photographers and asking: "How do your parents feel about what you do?"

A few months earlier, he was at the wheel of his Fisker sports car when a California Highway Patrol officer pulled him over for driving at high speeds while trying to outrun a paparazzo.

This pursuit for the perfect shot took a fatal turn Tuesday when a photographer was hit by an SUV on Sepulveda Boulevard after taking photos of Bieber's Ferrari. And the singer now finds himself at the center of the familiar debate about free speech and the aggressive tactics of the paparazzi.

Since Princess Diana's fatal accident in Paris in 1997 while being pursued by photographers, California politicians have tried crafting laws that curb paparazzi behavior. But some of those laws are rarely used, and attorneys have challenged the constitutionality of others.

On Wednesday, Bieber went on the offensive, calling on lawmakers to crack down.

"Hopefully this tragedy will finally inspire meaningful legislation and whatever other necessary steps to protect the lives and safety of celebrities, police officers, innocent public bystanders and the photographers themselves," he said in a statement.

It remained unclear if any legislators would take up his call. But Bieber did get some support from another paparazzi target, singer Miley Cyrus.

She wrote on Twitter that she hoped the accident "brings on some changes in '13 Paparazzi are dangerous!"

Last year, a Los Angeles County Superior Court judge threw out charges related to a first-of-its-kind anti-paparazzi law in a case involving Bieber being chased on the 101 Freeway by photographer Paul Raef. Passed in 2010, the law created punishments for paparazzi who drove dangerously to obtain images.

But the judge said the law violated 1st Amendment protections by overreaching and potentially affecting such people as wedding photographers or photographers speeding to a location where a celebrity was present.

The L.A. city attorney's office is now appealing that decision.

Raef's attorney, Dmitry Gorin, said new anti-paparazzi laws are unnecessary.

"There are plenty of other laws on the books to deal with these issues. There is always a rush to create a new paparazzi law every time something happens," he said. "Any new law on the paparazzi is going to run smack into the 1st Amendment. Truth is, most conduct is covered by existing laws. A lot of this is done for publicity."

Coroner's officials have not identified the photographer because they have not reached the next of kin. However, his girlfriend, Frances Merto, and another photographer identified him as Chris Guerra.

The incident took place on Sepulveda Boulevard near Getty Center Drive shortly before 6 p.m. Tuesday. A friend of Bieber was driving the sports car when it was pulled over on the 405 Freeway by the California Highway Patrol. The photographer arrived near the scene on Sepulveda, left his car and crossed the street to take photos. Sources familiar with the investigation said the CHP told him to leave the area. As he was returning to his vehicle, he was hit by the SUV.

Law enforcement sources said Wednesday that it was unlikely charges would be filed against the driver of the SUV that hit the photographer.

Veteran paparazzo Frank Griffin took issue with the criticism being directed at the photographer as well as other paparazzi.

"What's the difference between our guy who got killed under those circumstances and the war photographer who steps on a land mine in Afghanistan and blows himself to pieces because he wanted the photograph on the other side of road?" said Griffin, who co-owns the photo agency Griffin-Bauer.

"The only difference is the subject matter. One is a celebrity and the other is a battle. Both young men have left behind mothers and fathers grieving and there's no greater sadness in this world than parents who have to bury their children."

Others, however, said the death focuses attention on the safety issues involving paparazzi

"The paparazzi are increasingly reckless and dangerous. The greater the demand, the greater the incentive to do whatever it takes to get the image," said Blair Berk, a Los Angeles attorney who has represented numerous celebrities. "The issue here isn't vanity and nuisance, it's safety."

richard.winton@latimes.com

andrew.blankstein@latimes.com

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iPad still dominates tablet Web traffic; Microsoft Surface has smaller share than PlayBook

The iPad is still by far the most widely used tablet for surfing the Web in North America, but it can no longer claim to lord over 90% of all North American tablet traffic. Via AppleInsider, the latest numbers from mobile advertising firm Chitika show that the iPad accounted for roughly 79% of all mobile traffic in the last week of December, a dominant share that was nonetheless a seven percentage point drop from the previous week.

[More from BGR: Samsung confirms plan to begin inching away from Android]

In contrast, Amazon’s (AMZN) Kindle Fire HD saw its traffic grow by three percentage points over the same period to account for 7.5% of all North American tablet traffic while Samsung’s (005930) Galaxy Tab models saw their share increase by nearly 1.5 percentage points to 4.39% of all North American tablet traffic.

[More from BGR: ‘iPhone 5S’ to reportedly launch by June with multiple color options and two different display sizes]

Microsoft’s (MSFT) Surface was practically a non-factor in Chitika’s measurements, accounting for 0.4% of North American tablet traffic — even less than RIM’s (RIMM) BlackBerry PlayBook.

This article was originally published by BGR

Gadgets News Headlines – Yahoo! News

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R&B singer Frank Ocean cited for pot possession

BRIDGEPORT, Calif. (AP) — Grammy-nominated R&B singer Frank Ocean is facing a marijuana possession charge after police say he was pulled over on New Year's Eve in California's Eastern Sierra Nevada for driving more than 90 mph in a 65 mph zone.

The Mono County Sheriff's Department says officers stopped Ocean's black BMW at about 4:30 p.m. Dec. 31 as he was heading southbound on U.S. 395.

Sheriff's spokeswoman Jennifer Hansen says a strong odor of marijuana wafted out as a deputy approached the vehicle.

Hansen says the deputy found a small bag of marijuana on the 25-year-old Ocean, whose legal name is Christopher Breaux (broh).

She says the Beverly Hills resident was cited for marijuana possession and released.

Calls and an email message sent to Ocean's representatives Thursday were not immediately returned.

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Scant Proof Is Found to Back Up Claims by Energy Drinks

Energy drinks are the fastest-growing part of the beverage industry, with sales in the United States reaching more than $10 billion in 2012 — more than Americans spent on iced tea or sports beverages like Gatorade.

Their rising popularity represents a generational shift in what people drink, and reflects a successful campaign to convince consumers, particularly teenagers, that the drinks provide a mental and physical edge.

The drinks are now under scrutiny by the Food and Drug Administration after reports of deaths and serious injuries that may be linked to their high caffeine levels. But however that review ends, one thing is clear, interviews with researchers and a review of scientific studies show: the energy drink industry is based on a brew of ingredients that, apart from caffeine, have little, if any benefit for consumers.

“If you had a cup of coffee you are going to affect metabolism in the same way,” said Dr. Robert W. Pettitt, an associate professor at Minnesota State University in Mankato, who has studied the drinks.

Energy drink companies have promoted their products not as caffeine-fueled concoctions but as specially engineered blends that provide something more. For example, producers claim that “Red Bull gives you wings,” that Rockstar Energy is “scientifically formulated” and Monster Energy is a “killer energy brew.” Representative Edward J. Markey of Massachusetts, a Democrat, has asked the government to investigate the industry’s marketing claims.

Promoting a message beyond caffeine has enabled the beverage makers to charge premium prices. A 16-ounce energy drink that sells for $2.99 a can contains about the same amount of caffeine as a tablet of NoDoz that costs 30 cents. Even Starbucks coffee is cheap by comparison; a 12-ounce cup that costs $1.85 has even more caffeine.

As with earlier elixirs, a dearth of evidence underlies such claims. Only a few human studies of energy drinks or the ingredients in them have been performed and they point to a similar conclusion, researchers say — that the beverages are mainly about caffeine.

Caffeine is called the world’s most widely used drug. A stimulant, it increases alertness, awareness and, if taken at the right time, improves athletic performance, studies show. Energy drink users feel its kick faster because the beverages are typically swallowed quickly or are sold as concentrates.

“These are caffeine delivery systems,” said Dr. Roland Griffiths, a researcher at Johns Hopkins University who has studied energy drinks. “They don’t want to say this is equivalent to a NoDoz because that is not a very sexy sales message.”

A scientist at the University of Wisconsin became puzzled as he researched an ingredient used in energy drinks like Red Bull, 5-Hour Energy and Monster Energy. The researcher, Dr. Craig A. Goodman, could not find any trials in humans of the additive, a substance with the tongue-twisting name of glucuronolactone that is related to glucose, a sugar. But Dr. Goodman, who had studied other energy drink ingredients, eventually found two 40-year-old studies from Japan that had examined it.

In the experiments, scientists injected large doses of the substance into laboratory rats. Afterward, the rats swam better. “I have no idea what it does in energy drinks,” Dr. Goodman said.

Energy drink manufacturers say it is their proprietary formulas, rather than specific ingredients, that provide users with physical and mental benefits. But that has not prevented them from implying otherwise.

Consider the case of taurine, an additive used in most energy products.

On its Web site, the producer of Red Bull, for example, states that “more than 2,500 reports have been published about taurine and its physiological effects,” including acting as a “detoxifying agent.” In addition, that company, Red Bull of Austria, points to a 2009 safety study by a European regulatory group that gave it a clean bill of health.

But Red Bull’s Web site does not mention reports by that same group, the European Food Safety Authority, which concluded that claims about the benefits in energy drinks lacked scientific support. Based on those findings, the European Commission has refused to approve claims that taurine helps maintain mental function and heart health and reduces muscle fatigue.

Taurine, an amino acidlike substance that got its name because it was first found in the bile of bulls, does play a role in bodily functions, and recent research suggests it might help prevent heart attacks in women with high cholesterol. However, most people get more than adequate amounts from foods like meat, experts said. And researchers added that those with heart problems who may need supplements would find far better sources than energy drinks.

Hiroko Tabuchi contributed reporting from Tokyo and Poypiti Amatatham from Bangkok.

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Auto sales reach a new post-recession high

In a key sign of a stronger economy, automakers posted a strong December to cap off the industry's best annual U.S. sales since 2007.

The strong sales — Nissan, Hyundai, Kia, Mercedes-Benz, Subaru, Audi and Porsche all set annual U.S. sales records — led several encouraging economic reports out Thursday.

The private sector grew by 215,000 jobs in December, boosted by solid gains in construction, professional services and trade and transportation, according to Automatic Data Processing. Meanwhile, planned layoffs announced in December plunged to 32,556 — the second-lowest monthly total of 2012, according to outplacement consulting firm Challenger, Gray & Christmas Inc. Overall, last year had the lowest 12-month job-cut total since 1997.

That contrasted with a murkier forecast for the retail sector. Although stores moved plenty of product through the holidays, much of it sold at deep discounts, raising concerns about maintaining sales momentum. Major chains did, however, post a 4.5% sales increase over December 2011, beating analysts' expectations, according to a Thomson Reuters tally of 17 retailers.

Auto sales and a strengthening housing recovery look to be the big drivers of the economy this year, said David Shulman, senior economist at the UCLA Anderson Forecast.

"Part of the auto recovery is tied to housing, as businesses and the construction trades go out and purchase trucks and other vehicles," Shulman said.

December truck sales were particularly strong. Beyond the housing recovery, the surge was driven by big discounts, as Ford and Chevrolet battled for market share, and a worry by business that Congress would end certain tax advantages for truck purchases in its "fiscal cliff" negotiations. (The tax benefits ultimately survived the political fray.)

As the industry heads into 2013, analysts project annual sales of about 15.5 million vehicles, barring an unforeseen disaster or political meltdown over budget issues in Washington.

"I think the underlying fundamentals of the economy are very sound," said Mark Reuss, president of General Motors' North American operations. "Access to money is sound, you see employment steadily increasing.... That's pretty upbeat."

Automakers sold 14.5 million vehicles last year, up 13.4% from 2011, according to Autodata Corp. That included almost 1.4 million sold last month, a 9% gain compared with the prior December.

Still, some car companies are maintaining caution.

"It would have been nice if all the open questions with the 'fiscal cliff' would have been resolved over the holiday. But clearly they weren't, and that does extend this period of uncertainty from a consumer point of view," said Jonathan Browning, chief executive of Volkswagen Group of America.

Nonetheless, U.S. sales of the automaker's VW brand grew 35.4% to 44,005 vehicles last month — its best December since 1970.

Ford's F-series trucks, Chevrolet's Camaro, Toyota's Camry and Honda's CR-V were the bestselling models in their segments of the market.

In an age-old battle, GM's Chevrolet Camaro narrowly edged out Ford's Mustang — 84,391 versus 82,995 — to become the top-selling muscle car.

But Ford remained king in trucks. With sales of 645,316, its F-series pickup was the bestselling vehicle of any type in America last year, outselling the Chevrolet Silverado, which had sales of 418,312.

Once again, Toyota had the bestselling passenger car. It sold 404,886 Camrys, making the Camry the top-selling car and No. 3 among all vehicles. Honda sold 331,872 Accords and 317,909 Civics last year.

Honda's CR-V took the crown in the small sport utility segment. Honda sold 281,652 CR-Vs, while Ford's Escape finished at 261,008.

The BMW brand topped the luxury segment, ending 2012 with sales of 281,460 vehicles, a 13.5% gain from 2011. The Mercedes-Benz brand reported record annual sales of 274,134 vehicles, up 11.8% from the prior year. Meanwhile, Audi, the third German luxury brand, came on strong. It sold 139,310 new cars and SUVs, eclipsing the prior year's sales by 18.5%.

In the rechargeable car segment, Chevrolet's Volt retained an edge over Nissan's Leaf. GM sold 23,461 of the plug-in hybrid Volts last year — three times what it sold the previous year. Nissan sold 9,819 of the all-electric Leafs, just 145 more than in the prior year. Later this month it is set to announce improvements to the vehicle that it hopes will improve sales.

Volkswagen ruled sales of diesel vehicles. The automaker sold 90,295 diesels in 2012 — up 55% from 2011. Diesels now account for 1 of every 5 VW sales in the nation.

Nissan, including its Infiniti brand, sold more than 1.1 million vehicles, up 9.5% from 2011. It was also the first time the Nissan brand saw U.S. annual sales top 1 million. But Nissan was also one of the few automakers to report that its December U.S. sales declined, falling 1.6% to 99,290 vehicles from a year earlier.

A host of new vehicle offerings should help the industry's sales this year and next.

Automakers plan to make 43 new vehicle introductions in the U.S. this year — up nearly 50% from 2012 levels, according to auto research firm R.L. Polk & Co. In addition, 60 vehicle redesigns are expected in the coming year.

"A lot of marketing dollars are put into the product launches," said Tom Libby, a Polk analyst. "That drives showroom traffic and sales."

jerry.hirsch@latimes.com

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'Cliff' deal lifts stocks and doubts

WASHINGTON — Despite the huge relief rally on Wall Street, the incomplete resolution of the so-called fiscal cliff will do little to boost the economy but assures an intense budget battle that is expected to weigh on spending and hiring at least over the next few months.

The New Year's Day deal let payroll taxes for all workers revert to their previous higher rate, though it avoided the worst of the "fiscal cliff" issues by blocking tax-rate increases on all but the wealthiest Americans and postponing federal spending cuts.

That means workers will start seeing on average about $20 less a week in their paychecks starting this month, a cut in incomes that is expected to dampen spending and contribute to slower hiring.

But that's not what business leaders and economists are fretting about; the payroll tax cut was meant to be temporary, and most had factored its expiration into their new year's forecast. The big concern is that the deal did nothing to reduce government spending and fell short of taking needed steps to stabilize the rising U.S. debt.

Lawmakers also left for the new Congress the hard work of raising the nation's debt limit before the end of February, the rough deadline for action in the latest Treasury Department estimates.

Policymakers still must try in the next two months to replace $1.2 trillion in automatic spending cuts over the next decade with a package that would cause less economic damage.

And the fates of many tax deductions and loopholes are up in the air because overhauls of the individual and corporate tax codes are expected to take place this year as part of a deficit-reduction plan.

Wall Street, however, rejoiced. In the exuberant first day of trading in the new year, the Dow Jones industrial average surged 308 points, or 2.4%, to nearly 13,413. The rally gave the Dow its best day since Dec. 20, 2011.

"There's relief that something got passed that was better than the worst-case scenario," said Doug Cote, chief investment strategist with ING Investment Management U.S.

But he called the rally one of "false relief" because the longer-term deficit problems remain an unresolved threat.

"There's still plenty of uncertainty, unfortunately, that remains," said John Engler, president of the Business Roundtable, a group of top corporate chief executives.

The group's quarterly survey last month projected the economy would maintain roughly last year's mediocre growth of 2% in 2013, and Tuesday's deal probably won't change that forecast much, he said.

Still, Engler said: "You can certainly say the potential for some harm was averted, but the potential for greater certainty still lies ahead."

Some analysts say prolonged uncertainty — coupled with the loss of consumer spending from higher payroll taxes — could hold back employers from hiring and spending as they wait for Congress to make more decisions about the budget.

The Bureau of Labor Statistics will release employment numbers for December on Friday, and economists are generally expecting continued steady growth of about 150,000 jobs, a decent number that would slowly bring down the unemployment rate.

But that report may be the best for months ahead if reduced demand and concerns about the upcoming budget fight cause businesses to pull back.

"The cautiousness on the part of businesses will persist," said Michael Gapen, senior U.S. economist at Barclays in New York. He reckons that the biggest hits to the labor market may be in the first quarter when companies purge payrolls after the holiday season.

The deal did extend emergency unemployment benefits for some 2 million long-term jobless workers who faced an abrupt end to their economic life support, providing about $30 billion in aid that would be pumped directly into the economy.

It also permanently fixed the alternative minimum tax, which threatened to hit millions of middle-income Americans because the provision, which was enacted in 1969 and aimed at making sure the wealthy paid some taxes, had not been indexed to inflation.

Businesses, too, expressed satisfaction with some parts of the tax agreement. Congress permanently extended much of the George W. Bush-era tax cuts, which gave companies clarity on income tax rates.

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Review: Nintendo’s TVii tops button-laden remotes

LOS ANGELES (AP) — Nintendo‘s TV-watching tool for the new Wii U game console beats my regular remote control hands down.

Called TVii, the service transforms how you watch television in three key ways. It turns the touch-screen GamePad controller for the Wii U into a remote control for your TV and set-top box. It groups your favorite shows and sports teams together, whether it’s on live TV or an Internet video service such as Hulu Plus. And it offers water-cooler moments you can chat about on social media.

It takes some getting used to, and I had a lot of re-learning to do after years of using my thumb to channel surf. But once I did, I found the service an advance from the mass of buttons on most TV remote controls.

TVii comes free with the Wii U, although it didn’t become available in the U.S. until mid-December, about a month after the game machine’s debut.

One nice touch is that TVii gives you a way to search for shows over Internet video apps and live TV all in one place. I can then choose whether to watch it on the big TV or on my controller’s touch screen, which measures 6.2 inches diagonally.

Handling these different sources of video at once is a tall order, and Nintendo Co. does it pretty well. No one else has combined live and Web TV as seamlessly before. As the lines blur between the two, I would hope some of TVii’s advances are copied and improved upon by other gadget makers and TV signal providers.

For starters, TVii asks for your TV maker, your set-top box maker, your location and your TV provider (that could be an antenna). TVii then uses infrared codes to control your TV just like the old remote, and it can offer a traditional channel guide for live TV shows. TVii also asks for your favorite shows, sports teams and movies. This helps it create an easy-to-understand grouping of shows you might want to watch.

I appreciate the way TVii walked me through the setup process. It was refreshing, given the misfortune I recently had of trying to program the remote control that came with my cable set-top box, which is about as fun as doing your tax returns. TVii takes away the need to read folded-up instruction manuals that appear to be written by and for electronics hobbyists.

After the setup, TVii presents you with a series of icons for Favorites, TV, Movies, Sports and Search. A little avatar of your identity is in one corner, and tapping on it lets you adjust your favorites or go through the setup again. Each person in a household can have a different avatar and set of favorites.

In Favorites, your shows are listed with cover art, and you can swipe through the offerings. Tapping one, say, “The Mindy Project,” will pull up an episode list with pictures and brief summaries. Choosing an episode will bring up a range of options — the channel if it’s on live TV, or buttons for Hulu Plus or Amazon, where you can pay for monthly access or just one episode through the service’s app. (The free version of Hulu is blocked on gadgets, including the Wii U and tablet computers. Apple’s iTunes, unsurprisingly, isn’t integrated.) The option of clicking through to Netflix will be added some time in 2013.

One hiccup is that if you want to watch a show on live TV now, it asks if your TV’s input source is already set to the set-top box, rather than the Wii U or another gadget such as a DVD player. If it is, you tap “yes” and the channel changes. If not, you have to tap until the source switches to the right one and then tap “yes.” Still, there’s no need to go back to your TV’s remote control.

The other menu items for TV, Movies, Sports and Search operate pretty similarly. Eventually you’ll get a range of options to watch. In the case of sports, you’ll likely see several game possibilities, with the latest score showing up on each game icon.

As an alternative, you can resort to a physical TV button on the GamePad that brings up touch controls that mimic a simplified, standard remote.

Another option is using an altogether separate interface in which favorite channels and other controls are displayed graphically on a semi-circular wheel. It looks strange, and I wouldn’t recommend it.

Anyone who is frustrated by the jumble of cables and boxes that now surround TVs will see TVii’s appeal. My wife said she liked the ease of holding and touching the controller, rather than fiddling with the button-laden remote. One downside I can see with TVii is that you have to keep looking down to figure out what to watch. And you have to plug it in frequently, as the GamePad controller will die out after three to five hours of use.

TVii also offers a standard channel guide in which you can scroll up and down for programs on different channels or right and left for different times of day. A touch will change the channel to the program, which is nice.

For certain shows and sporting events, TVii will supply a running list of key events called “TV tags.” These descriptions of events, like the precise moment when Mindy’s Christmas party descends into chaos, are displayed on the GamePad’s screen, along with a screenshot. Tapping on one opens up a comment window, and an onscreen keyboard allows you to make a comment. For sports, you get a description of each play, such as the number of yards thrown in a pass, beside a graphic that gets updated.

Not many people have Wii U consoles yet, nor is everyone tuned to TVii. As a result, I found myself with only one or two commenters to share my thoughts with.

If you’ve connected TVii to Facebook and Twitter (again, some sign-up is involved), your comments will go out to your friends and followers, but the TV tag that you are commenting on won’t show up, so they might not know what you’re talking about. TVii adds the hashtag “NintendoTVii” to help readers take a guess.

In the end, TVii isn’t perfect.

It isn’t yet able to program your digital video recorder, although it will do so for TiVo DVRs by March. Sports are limited to pro and college basketball and football, and there’s no integration with fantasy sports leagues. And the battery life of the GamePad is short.

A review unit I was sent failed to take a charge and had to be replaced, although I haven’t found others who have had the same problem.

These irritations aside, Nintendo has given us a way to control the clutter of channels, apps and devices crowding around the TV. It’s relatively easy and intuitive and some updates are on the way. Considering the garble of the TV universe, that’s pretty good.

___

About TVii:

TVii turns the GamePad controller for the Wii U into a remote control that integrates your live TV and Internet video experience. The service is free, but you’ll need a Wii U game console, which starts at $ 300. You’ll also need to pay extra to use video services such as Hulu Plus, Amazon and Netflix.

Gaming News Headlines – Yahoo! News

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'Lincoln,' 'Les Miz,' 'Argo' earn producers honors

LOS ANGELES (AP) — The Civil War saga "Lincoln," the musical "Les Miserables" and the Osama bin Laden thriller "Zero Dark Thirty" are among the nominees announced Wednesday for the top honor from the Producers Guild of America.

Other best-picture contenders are the Iran hostage-crisis thriller "Argo"; the low-budget critical favorite "Beasts of the Southern Wild"; the slave-turned-bounty-hunter saga "Django Unchained"; the shipwreck story "Life of Pi"; the first-love tale "Moonrise Kingdom"; the lost-souls romance "Silver Linings Playbook"; and the James Bond adventure "Skyfall."

Walt Disney dominated the guild's animation category with three of the five nominees: "Brave," ''Frankenweenie" and "Wreck-It Ralph." The other nominees are Focus Features' "ParaNorman" and Paramount's "Rise of the Guardians."

Along with honors from other Hollywood professional groups such as actors, directors and writers guilds, the producer prizes help sort out contenders for the Academy Awards. Those nominations come out Jan. 10.

The guild, an association of Hollywood producers, hands out its 24th annual prizes Jan. 26. The big winner often goes on to claim the best-picture honor at the Oscars, which follow on Feb. 24.

Previously announced nominees by the Producers Guild for best documentary are "A People Uncounted," ''The Gatekeepers," ''The Island President," ''The Other Dream Team" and "Searching for Sugar Man."

Other nominees:

— TV drama series: "Breaking Bad," ''Downton Abbey," ''Game of Thrones," ''Homeland," ''Mad Men."

— TV comedy series: "30 Rock," ''The Big Bang Theory," ''Curb Your Enthusiasm," ''Louie," ''Modern Family."

— Long-form television: "American Horror Story," ''The Dust Bowl," ''Game Change," ''Hatfields & McCoys," ''Sherlock."

— Non-fiction television: "American Masters," ''Anthony Bourdain: No Reservations," ''Deadliest Catch," ''Inside the Actors Studio," ''Shark Tank."

— Live entertainment and talk television: "The Colbert Report," ''Jimmy Kimmel Live," ''Late Night with Jimmy Fallon," ''Real Time with Bill Maher," ''Saturday Night Live."

— Competition television: "The Amazing Race," ''Dancing with the Stars," ''Project Runway," ''Top Chef," ''The Voice."

— Sports program: "24/7," ''Catching Hell," ''The Fight with Jim Lampley," ''On Freddie Roach," ''Real Sports with Bryant Gumbel."

— Children's program: "Good Luck Charlie," ''iCarly," ''Phineas and Ferb," ''Sesame Street," ''The Weight of the Nation for Kids: The Great Cafeteria Takeover."

___

Online:

http://www.producersguild.org

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Op-Ed Contributor: Our Imaginary Weight Problem

ACCORDING to the United States government, nearly 7 out of 10 American adults weigh too much. (In 2010, the Centers for Disease Control and Prevention categorized 74 percent of men and 65 percent of women as either overweight or obese.)

But a new meta-analysis of the relationship between weight and mortality risk, involving nearly three million subjects from more than a dozen countries, illustrates just how exaggerated and unscientific that claim is.

The meta-analysis, published this week in The Journal of the American Medical Association, reviewed data from nearly a hundred large epidemiological studies to determine the correlation between body mass and mortality risk. The results ought to stun anyone who assumes the definition of “normal” or “healthy” weight used by our public health authorities is actually supported by the medical literature.

The study, by Katherine M. Flegal and her associates at the C.D.C. and the National Institutes of Health, found that all adults categorized as overweight and most of those categorized as obese have a lower mortality risk than so-called normal-weight individuals. If the government were to redefine normal weight as one that doesn’t increase the risk of death, then about 130 million of the 165 million American adults currently categorized as overweight and obese would be re-categorized as normal weight instead.

To put some flesh on these statistical bones, the study found a 6 percent decrease in mortality risk among people classified as overweight and a 5 percent decrease in people classified as Grade 1 obese, the lowest level (most of the obese fall in this category). This means that average-height women — 5 feet 4 inches — who weigh between 108 and 145 pounds have a higher mortality risk than average-height women who weigh between 146 and 203 pounds. For average-height men — 5 feet 10 inches — those who weigh between 129 and 174 pounds have a higher mortality risk than those who weigh between 175 and 243 pounds.

Now, if we were to employ the logic of our public health authorities, who treat any correlation between weight and increased mortality risk as a good reason to encourage people to try to modify their weight, we ought to be telling the 75 million American adults currently occupying the government’s “healthy weight” category to put on some pounds, so they can move into the lower risk, higher-weight categories.

In reality, of course, it would be nonsensical to tell so-called normal-weight people to try to become heavier to lower their mortality risk. Such advice would ignore the fact that tiny variations in relative risk in observational studies provide no scientific basis for concluding either that those variations are causally related to the variable in question or that this risk would change if the variable were altered.

This is because observational studies merely record statistical correlations: we don’t know to what extent, if any, the slight decrease in mortality risk observed among people defined as overweight or moderately obese is caused by higher weight or by other factors. Similarly, we don’t know whether the small increase in mortality risk observed among very obese people is caused by their weight or by any number of other factors, including lower socioeconomic status, dieting and the weight cycling that accompanies it, social discrimination and stigma, or stress.

In other words, there is no reason to believe that the trivial variations in mortality risk observed across an enormous weight range actually have anything to do with weight or that intentional weight gain or loss would affect that risk in a predictable way.

How did we get into this absurd situation? That is a long and complex story. Over the past century, Americans have become increasingly obsessed with the supposed desirability of thinness, as thinness has become both a marker for upper-class status and a reflection of beauty ideals that bring a kind of privilege.

In addition, baselessly categorizing at least 130 million Americans — and hundreds of millions in the rest of the world — as people in need of “treatment” for their “condition” serves the economic interests of, among others, the multibillion-dollar weight-loss industry and large pharmaceutical companies, which have invested a great deal of money in winning the good will of those who will determine the regulatory fate of the next generation of diet drugs.

Anyone familiar with history will not be surprised to learn that “facts” have been enlisted before to confirm the legitimacy of a cultural obsession and to advance the economic interests of those who profit from that obsession.

Don’t expect those who have made their careers on fomenting panic to understand that our current definition of “normal weight” makes absolutely no sense.

Paul Campos is a professor of law at the University of Colorado, Boulder, and the author of “The Obesity Myth: Why America’s Obsession With Weight Is Hazardous to Your Health.”

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