Ahead of hearing, Einhorn reiterates case against Apple






NEW YORK (Reuters) – David Einhorn reiterated his arguments Friday that a judge should block a shareholder vote on Apple Inc‘s proposal to eliminate its ability to issue preferred shares without investor approval, days before a court hearing.


In court filings in U.S. District Court in Manhattan, Einhorn’s Greenlight Capital attempted to rebut Apple’s arguments that the company’s proposal was “pro-shareholder.”






“Apple should not be allowed to substitute its judgment for its shareholders’ judgment, and should be enjoined” from letting the vote proceed, Greenlight said in a motion.


A hearing on Einhorn’s motion for an injunction against the February 27 vote on the proxy proposal is set for Tuesday. A spokesman for Apple declined comment.


Greenlight sued Apple last week as part of Einhorn’s larger effort to have the iPhone maker share more of its $ 137 billion in cash with investors.


As part of that goal, Einhorn has pushed for Apple to issue to its shareholders perpetual preferred stock with a 4 percent dividend.


Among the Apple proxy proposals up for a vote February 27 is Proposal No. 2, which would remove the company’s current system of issuing preferred stock at its discretion without a shareholder vote.


Greenlight’s lawsuit contends Apple violated U.S. Securities and Exchange rules by “bundling” three separate amendments to its charter into Proposal No. 2. While Greenlight supports two of the amendments, it does not back the one related to preferred stock.


Apple in a Wednesday filing argued the proposal was not bundled and that it had not forced shareholders into an unfair choice. It also noted Proposal No. 2 was supported by proxy advisory services Institutional Shareholder Services and Glass, Lewis & Co.


But Einhorn argued on Friday that ISS and Glass Lewis’s support is premised on the belief that eliminating so-called “blank check” preferred stock powers enables a company to defend itself against a takeover.


“In my view, Apple is not a realistic take-over candidate because of, among other things, its enormous market capitalization,” Einhorn wrote.


At Tuesday’s hearing, U.S. District Judge Richard Sullivan will also hear a separate challenge by an Apple investor from Pennsylvania to block not just the Proposal No. 2 vote, but also an advisory “say-on-pay” vote on executives compensation.


The investor, Brian Gralnick, contends Apple has not disclose enough details about how it made its decisions in awarding restricted stock units to certain executives.


Apple responded that its disclosures were adequate and appropriate.


The case is Greenlight Capital LP, et al., v. Apple Inc., U.S. District Court, Southern District of New York, 13-900.


(Reporting By Nate Raymond; Editing by Leslie Gevirtz)


Tech News Headlines – Yahoo! News





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Epic regrets Lil Wayne lyric about slain civil rights figure






LOS ANGELES (Reuters) – Epic Records has apologized to the family of Emmett Till, whose 1955 murder spurred the U.S. civil rights movement, over a graphic reference by rapper Lil Wayne and promised to delete the lyrics upon its release, the company said on Thursday.


Epic Chairman L.A. Reid told the family it was regretful that a remix of the song “Karate Chop” by rapper Future, in which Lil Wayne likens the beating of African-American Till to sex, had been leaked on the Internet.






“He (Reid) apologized to me and our family and stated the song is being pulled,” said a post on the Facebook page of the Mamie Till Mobley Memorial Foundation on Wednesday. Mobley, who died in 2003, was Till’s mother.


The song reportedly first appeared online over the weekend.


“Mr. Reid stated the song was leaked out and he had not heard the lyric,” the statement added. “He is a man of integrity that values our family’s legacy and wouldn’t allow such a heinous usage of Emmett Till’s name or dishonor his memory.”


The foundation, which was founded by Till’s cousin Airickca Gordon-Taylor, said that it had yet to hear from Lil Wayne.


Reid, an African American, is one of the music industry’s highest-profile executives and was a judge on the Fox singing competition “The X Factor” for two seasons.


Till, from Chicago, was beaten and murdered in 1955 at the age of 14 for allegedly whistling at a white woman in the village of Money, Mississippi, where he was visiting family.


An all-white jury acquitted two white men of Till’s murder, sparking national outrage. The trial is credited with mobilizing the civil rights movement and drawing attention to racial injustice and violence in the American South.


Epic Records called the song an “unauthorized remix” and promised to delete the reference from the official version.


“Out of respect for the legacy of Emmett Till and his family and the support of the Reverend Jesse L. Jackson, Sr. founder and president of the Rainbow PUSH Coalition, we are going through great efforts to take down the unauthorized version,” the record company said in a statement.


Epic Records is owned by Sony Music Entertainment, a division of Sony Corp.


(Reporting by Eric Kelsey; Editing by Jackie Frank)


Music News Headlines – Yahoo! News





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Livestrong Tattoos as Reminder of Personal Connections, Not Tarnished Brand





As Jax Mariash went under the tattoo needle to have “Livestrong” emblazoned on her wrist in bold black letters, she did not think about Lance Armstrong or doping allegations, but rather the 10 people affected by cancer she wanted to commemorate in ink. It was Jan. 22, 2010, exactly a year since the disease had taken the life of her stepfather. After years of wearing yellow Livestrong wristbands, she wanted something permanent.




A lifelong runner, Mariash got the tattoo to mark her 10-10-10 goal to run the Chicago Marathon on Oct. 10, 2010, and fund-raising efforts for Livestrong. Less than three years later, antidoping officials laid out their case against Armstrong — a lengthy account of his practice of doping and bullying. He did not contest the charges and was barred for life from competing in Olympic sports.


“It’s heartbreaking,” Mariash, of Wilson, Wyo., said of the antidoping officials’ report, released in October, and Armstrong’s subsequent confession to Oprah Winfrey. “When I look at the tattoo now, I just think of living strong, and it’s more connected to the cancer fight and optimal health than Lance.”


Mariash is among those dealing with the fallout from Armstrong’s descent. She is not alone in having Livestrong permanently emblazoned on her skin.


Now the tattoos are a complicated, internationally recognized symbol of both an epic crusade against cancer and a cyclist who stood defiant in the face of accusations for years but ultimately admitted to lying.


The Internet abounds with epidermal reminders of the power of the Armstrong and Livestrong brands: the iconic yellow bracelet permanently wrapped around a wrist; block letters stretching along a rib cage; a heart on a foot bearing the word Livestrong; a mural on a back depicting Armstrong with the years of his now-stripped seven Tour de France victories and the phrase “ride with pride.”


While history has provided numerous examples of ill-fated tattoos to commemorate lovers, sports teams, gang membership and bands that break up, the Livestrong image is a complex one, said Michael Atkinson, a sociologist at the University of Toronto who has studied tattoos.


“People often regret the pop culture tattoos, the mass commodified tattoos,” said Atkinson, who has a Guns N’ Roses tattoo as a marker of his younger days. “A lot of people can’t divorce the movement from Lance Armstrong, and the Livestrong movement is a social movement. It’s very real and visceral and embodied in narrative survivorship. But we’re still not at a place where we look at a tattoo on the body and say that it’s a meaningful thing to someone.”


Geoff Livingston, a 40-year-old marketing professional in Washington, D.C., said that since Armstrong’s confession to Winfrey, he has received taunts on Twitter and inquiries at the gym regarding the yellow Livestrong armband tattoo that curls around his right bicep.


“People see it and go, ‘Wow,’ ” he said, “But I’m not going to get rid of it, and I’m not going to stop wearing short sleeves because of it. It’s about my family, not Lance Armstrong.”


Livingston got the tattoo in 2010 to commemorate his brother-in-law, who was told he had cancer and embarked on a fund-raising campaign for the charity. If he could raise $5,000, he agreed to get a tattoo. Within four days, the goal was exceeded, and Livingston went to a tattoo parlor to get his seventh tattoo.


“It’s actually grown in emotional significance for me,” Livingston said of the tattoo. “It brought me closer to my sister. It was a big statement of support.”


For Eddie Bonds, co-owner of Rabbit Bicycle in Hill City, S.D., getting a Livestrong tattoo was also a reflection of the growth of the sport of cycling. His wife, Joey, operates a tattoo parlor in front of their store, and in 2006 she designed a yellow Livestrong band that wraps around his right calf, topped off with a series of small cyclists.


“He kept breaking the Livestrong bands,” Joey Bonds said. “So it made more sense to tattoo it on him.”


“It’s about the cancer, not Lance,” Eddie Bonds said.


That was also the case for Jeremy Nienhouse, a 37-year old in Denver, Colo., who used a Livestrong tattoo to commemorate his own triumph over testicular cancer.


Given the diagnosis in 2004, Nienhouse had three rounds of chemotherapy, which ended on March 15, 2005, the date he had tattooed on his left arm the day after his five-year anniversary of being cancer free in 2010. It reads: “3-15-05” and “LIVESTRONG” on the image of a yellow band.


Nienhouse said he had heard about Livestrong and Armstrong’s own battle with the cancer around the time he learned he had cancer, which alerted him to the fact that even though he was young and healthy, he, too, could have cancer.


“On a personal level,” Nienhouse said, “he sounds like kind of a jerk. But if he hadn’t been in the public eye, I don’t know if I would have been diagnosed when I had been.”


Nienhouse said he had no plans to have the tattoo removed.


As for Mariash, she said she read every page of the antidoping officials’ report. She soon donated her Livestrong shirts, shorts and running gear. She watched Armstrong’s confession to Winfrey and wondered if his apology was an effort to reduce his ban from the sport or a genuine appeal to those who showed their support to him and now wear a visible sign of it.


“People called me ‘Miss Livestrong,’ ” Mariash said. “It was part of my identity.”


She also said she did not plan to have her tattoo removed.


“I wanted to show it’s forever,” she said. “Cancer isn’t something that just goes away from people. I wanted to show this is permanent and keep people remembering the fight.”


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Daley turns focus toward Gary









Richard M. Daley has kept a low profile since leaving office in 2011.


That doesn't mean he has lost interest in urban issues. The former mayor has turned his attention in a surprising direction, beyond Chicago's borders to one of the most intractable urban tragedies in America: the collapse of Gary, Ind.


"I always believe no part of America should be forgotten, and I think Gary has been forgotten," Daley said.





Daley is using his influence at the University of Chicago, where he is a distinguished senior fellow, to push a modest but growing amount of manpower toward Gary Mayor Karen Freeman-Wilson.


With guidance from Daley and Freeman-Wilson, University of Chicago graduate students are trying to figure out what to do with Gary's abandoned buildings and how to promote greater use of technology to help the city accomplish more with less, among other projects.


The hope is that the students will go on to help other cities after graduation. If successful, the U. of C.-Gary partnership could be replicated in other industrial towns grappling with decline.


Gary spans about 55 square miles, nearly a quarter of the size of Chicago. Yet the steel town's population has plummeted to an estimated 80,000, meaning the city has lost about half its people since 1960. The city's problems have mounted, including abandoned buildings and homes, sagging infrastructure and a declining budget to pay for services.


Outsiders have tried to fix Gary since at least the Lyndon B. Johnson administration. Freeman-Wilson, a former Indiana attorney general, judge and Harvard College and Harvard Law School graduate, has reinvigorated Gary's renewal efforts. And she's unafraid to ask for help.


Immediately after winning the 2011 Democratic primary, Freeman-Wilson called Daley for advice. They met, and Daley invited her to be the first guest speaker at his lecture series at the University of Chicago's Harris School of Public Policy, where Daley has a five-year appointment.


This quarter, 11 students from the university's public policy, business and social services schools are getting course credit for working on projects for Gary.


"It was Mayor Daley's idea," Freeman-Wilson said as she rode from a meeting on Chicago's West Side to Gary. "I had always envisioned getting the support and work from (University of Chicago Law School) alums, because there were issues around codes and things of that nature. It was not until the mayor came up with the idea of using students from the (Harris) School of Public Policy that I said, 'Oh yeah, that would work. That would work very well.'"


Daley does not teach a class at the University of Chicago. He runs an occasional lecture series.


Carol Brown, his last policy chief at City Hall, leads the program and the class, which is called the "Urban Revitalization Project: City of Gary, Ind." Grants from the Chicago-based Joyce and MacArthur foundations help pay administrative costs, including Brown's salary and that of a part-time assistant.


Last quarter's class was divided into three project teams. One team is cataloging Gary's abandoned buildings, which are magnets for crime and eyesores that further depress surrounding property values. Another is trying to recruit pro bono legal and consulting services for the city. And a third is trying to craft a strategy to clean up front stoops and empty lots one block at a time. This quarter's class also is tackling untapped funding opportunities and economic development.


Freeman-Wilson said a major benefit of the partnership is the fresh ideas from students "who aren't jaded by the limitations of government, whereas a 20-year employee might say, 'Oh, no, we can't do that in government because we don't have X, Y and Z.'"


Already their work has prompted more widespread use among Gary employees of a technology that stores and analyzes geographic data. City workers are now using the technology to map potholes, fallen tree limbs and illegal dump sites. That way work crews can be dispatched to neighborhoods where the problems are most severe.


"This partnership encourages urban planners to think broadly about regions instead of cities — greater Chicago instead of the city of Chicago," said Stephen Paul O'Hara, a historian at Xavier University who wrote a book about Gary.


The students operate as consultants. They gather best practices and ideas from cities around the country and then recommend a course of action. At the end of each 10-week quarter, students present their recommendations to Daley, Freeman-Wilson and their staffs. Their grades are based on those presentations and supporting reports.


"I will tell you, it never stops getting nerve-wracking," second-year graduate student Jocelyn Hare said of presenting to Daley. "But it gets easier."


Last spring, Hare, 32, responded to an email seeking student volunteers to conduct preliminary research to test the idea of a partnership. Hare then interned for the city of Gary during the summer. The Harris school paid her $15 an hour. She then enrolled in the first class in the fall and again this winter, when it was opened to graduate students outside of Harris for the first time.





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More than 1,000 injured when meteor explodes over Russia









CHELYABINSK, Russia—





A meteorite streaked across the sky and exploded over central Russia on Friday, raining fireballs over a vast area and causing a shock wave that smashed windows, damaged buildings and injured 1,200 people.

People heading to work in Chelyabinsk heard what sounded like an explosion, saw a bright light and then felt the shock wave, according to a Reuters correspondent in the industrial city 1,500 km (950 miles) east of Moscow.






The fireball, travelling at a speed of 30 km (19 miles) per second according to Russian space agency Roscosmos, had blazed across the horizon, leaving a long white trail that could be seen as far as 200 km (125 miles) away.

Car alarms went off, thousands of windows shattered and mobile phone networks were disrupted. The Interior Ministry said the meteorite explosion, a very rare spectacle, also unleashed a sonic boom.

"I was driving to work, it was quite dark, but it suddenly became as bright as if it were day," said Viktor Prokofiev, 36, a resident of Yekaterinburg in the Urals Mountains.

"I felt like I was blinded by headlights."

The meteorite, which weighed about 10 tonnes and may have been made of iron, entered Earth's atmosphere and broke apart 30-50 km (19-31 miles) above ground, according to Russia's Academy of Sciences.

The energy released when it entered the Earth's atmosphere was equivalent to a few kilotonnes, the academy said, the power of a small atomic weapon exploding.

No deaths were reported but the Emergencies Ministry said 20,000 rescue and clean-up workers were sent to the region after President Vladimir Putin told Emergencies Minister Vladimir Puchkov to ease the disruption and help the victims.

The Interior Ministry said about 1,200 people had been injured, at least 200 of them children, and most from shards of glass.

WINDOWS BLOWN OUT

The early-morning blast and ensuing shock wave blew out windows on Chelyabinsk's central Lenin Street, buckled some shop fronts, rattled apartment buildings in the city centre and blew out windows.

"I was standing at a bus stop, seeing off my girlfriend," said Andrei, a local resident who did not give his second name. "Then there was a flash and I saw a trail of smoke across the sky and felt a shock wave that smashed windows."

A wall and roof were badly damaged at the Chelyabinsk Zinc Plant but a spokeswoman said no environmental threat resulted.

One piece of meteorite broke through the ice the Cherbakul Lake near Chelyabinsk, leaving a hole several metres (yards) wide.

The region has long been a hub for the Russian military and defence industry, and it is often the site where artillery shells are decommissioned.

A local Emergencies Ministry official said meteorite storms were extremely rare and Friday's incident may have been connected with an asteroid the size of an Olympic swimming pool that was due to pass Earth.

But an astronomer at Russia's Academy of Sciences, Sergei Barabanov, cast doubt on that report and the European Space Agency said its experts had confirmed there was no link.

The regional governor in Chelyabinsk said the meteorite shower had caused more than $30 million in damage, and the Emergencies Ministry said 300 buildings had been affected.

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Brad Pitt, Angelina Jolie venture into winemaking






(Reuters) – Brad Pitt and Angelina Jolie have gone into the wine business, helping to produce a rose called Miraval from their French estate and putting their names on the label, wine website Decanter.com reported.


The movie star couple have been working with French winemaker Marc Perrin starting with the 2012 harvest, the website said. The Miraval wine will be on the market in March, and white wines will begin arriving by the end of this summer.






“They … want to ensure they are making the best Provence wines they can,” Perrin told Britain-based Decanter.com. on Wednesday.


“They were present at the blending sessions this year, and are relooking at everything from the installations in the winery – where we have already switched to stainless steel tanks – to reworking the labels across the range of wines,” he added.


The back label of the Miraval wine carries the names Jolie-Pitt and Perrin.


Pitt and Jolie began renting Chateau Miraval in Correns, southern France, about four years ago and later bought the property, which has about 148 acres of vines.


The Miraval wine was formerly called Pink Floyd because the British rock band recorded their 1979 album “The Wall” in a studio on the estate, Decanter.com said.


Pitt last year unveiled a high-end collection of furniture that he helped create with designer Frank Pollaro. He has also worked with architects to create affordable quality housing for victims of Hurricane Katrina in New Orleans.


(Reporting by Jill Serjeant; Editing by Xavier Briand)


Celebrity News Headlines – Yahoo! News





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Well: The Well Flu Quiz

What surface is the most friendly to the flu virus? Where’s the best place to stand when you’re talking to a sick person? And how are Australians curbing germs in schools?
To find out these answers and more, take the Well flu quiz.

With contributions from Laura Geggel and Tara Parker-Pope.

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Facebook's latest revenue trick: Pay to promote friends' posts









Facebook has announced its latest attempt at making money, and this time it involves letting users pay to promote their friends' posts.


The feature lets users pay to have a friend's post show more prominently in other friends' news feeds.


"If your friend is renting their apartment out and she tells her friends on Facebook, you can share the post with the people you and your friend have in common so that it shows up higher in news feed and more people notice it," the company said, citing an example of when this feature could be useful. 





PHOTOS: Tech we want to see in 2013


The feature is similar to another one that Facebook introduced last year that lets users pay to promote their own posts.


The company said Thursday that people have been using that feature to promote posts about charities and causes, publicize events, advertise items they're selling, promote important life announcements or congratulate someone else on an accomplishment.


The cost of promoting a post depends on a number of factors, including geographic location and how many people the post would reach, Facebook said.


Facebook said the ability to pay to promote a friend's post will be rolled out to all users over time.


ALSO:


Google under fire for sending users' information to developers


Mother's 'baby' portraits of 13-year-old son go viral on Facebook


Bandai resurrects Tamagotchi pets just in time for Valentine's Day






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'Blade Runner' Olympian charged with girlfriend's murder









JOHANNESBURG—





South African "Blade Runner" Oscar Pistorius, a double amputee who became one of the biggest names in world athletics, was charged on Thursday with shooting dead his girlfriend at his upscale home in Pretoria.

Police said they opened a murder case after a 30-year-old woman was found dead at the Paralympic and Olympic star's house in the Silverlakes gated complex on the capital's outskirts.






Pistorius, 26, and his girlfriend, model Reeva Steenkamp, had been the only people in the house at the time of the shooting, police brigadier Denise Beukes told reporters, adding witnesses had been interviewed about the early morning incident.

"We are talking about neighbours and people that heard things earlier in the evening and when the shooting took place," Beukes said outside the heavily guarded residential complex.

Police said a 9mm pistol had been found at the scene.

Beukes said police were aware of previous incidents at the Pistorius house. "I can confirm that there has previously been incidents at the home of Mr Oscar Pistorious, of allegations of a domestic nature," she said.

Pistorius, who uses carbon fibre prosthetic blades to run, is due to appear in a Pretoria court on Friday.

"He is doing well but very emotional," his lawyer Kenny Oldwage told SABC TV, but gave no further comment.

A sports icon for triumphing over disability to compete with able-bodied athletes at the Olympics, his sponsorship deals, including one with sports apparel group Nike, are thought to be worth $2 million a year.

South Africa's M-Net cable TV channel said it was pulling adverts featuring Pistorius off air immediately after blanket coverage of the arrest in a country more used to honouring Pistorius as a national hero.

"WE ARE ALL DEVASTATED"

Steenkamp's colleagues in the modelling world were distraught. "We are all devastated. Her family is in shock," her agent, Sarita Tomlinson, tearfully told Reuters. "They did have a good relationship. Nobody actually knows what happened."

Pistorius, who was born without a fibula in both legs, was the first double amputee to run in the Olympics and reached the 400-metre semi-finals in London 2012.

In last year's Paralympics he suffered his first loss over 200 metres in nine years. After the race he questioned the legitimacy of Brazilian winner Alan Oliveira's prosthetic blades, though he was quick to express regret for the comments.

South Africa has some of the world's highest rates of violent crime, and many home owners have weapons to defend themselves against intruders, although Pistorius's complex is surrounded by a three-metre high wall and electric fence.

In 2004, Springbok rugby player Rudi Visagie shot dead his 19-year-old daughter after he mistakenly thought she was a robber trying to steal his car in the middle of the night.

Before the murder charge was announced, Johannesburg's Talk Radio 702 said the athlete may have mistaken Steenkamp for a burglar.

Pistorius was arrested in 2009 for assault after slamming a door on a woman and spent a night in police custody. Family and friends said it was just an accident and charges were dropped.

OLYMPIAN UNDERGOES POLICE TESTS

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Actor Steve Martin is first-time dad at age 67






LOS ANGELES (Reuters) – Actor, writer and comedian Steve Martin has become a dad for the first time at age 67 – and managed to keep it secret from the media for more than a month.


Martin and his second wife, Anne Stringfield, 41, “are new parents and recently welcomed a child,” a spokeswoman for the actor said on Wednesday.






The spokeswoman gave no details, including the sex of the child or the date of birth. But the New York Post cited unidentified sources as saying the baby arrived in December.


The multi-talented Martin, whose career as a writer and performer dates back more than 45 years, has played a father in movies such as “Parenthood,” Cheaper by the Dozen,” and “Father of the Bride.”


Martin, who has hosted the Oscars ceremony three times, married Stringfield, a former writer at the New Yorker magazine, in 2007. His eight-year marriage to British actress Victoria Tennant ended in divorce in 1994.


(Reporting by Eric Kelsey: Editing by Jill Serjeant and Peter Cooney)


Celebrity News Headlines – Yahoo! News





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