Michigan puts limits on unions

NEW YORK —- Labor relations in the Midwest reached a new level of acrimony as Michigan Gov. Rick Snyder abruptly signed legislation placing limits on unions, setting up a bitter political battle that could resonate nationwide.

It's a stunning development for a blue state that's been known as a place friendly to labor, where autoworkers and their families from Detroit to Saginaw have benefited from generous union contracts. An estimated 15,000 workers descended on the state Capitol in Lansing on Tuesday to protest against the bills, scuffling at times with police and conservatives who also set up shop at the Capitol.

House members passed two bills that would make Michigan a "right to work" state, essentially prohibiting union security agreements, which make union membership or fees a condition of employment. The bills, which covered private sector and public sector employees, had passed the state Senate last week.

Snyder, a Republican, signed both bills in private Tuesday afternoon, hailing the legislation as a victory for Michigan workers and a way to bring more jobs to the state.

"This is a major day in Michigan's history," he said at a news conference. "This is an opportunity for unions to step up and say how they can provide the best value to workers in our state."

The legislation comes as workplace tensions grow across the country.

While employees making low wages at companies such as Wal-Mart Stores Inc. and McDonald's Corp. are protesting to demand higher wages, businesses are increasing the number of lockouts they impose on workers. And in the last two years, union supporters have converged on state capitols in Wisconsin, Indiana and Ohio to oppose bills that restricted their power.

Now, labor groups from around the country are watching what happens in Michigan, where labor groups have vowed to overturn the law and vote Snyder out of office by 2014. If Michigan, which voted for President Obama over native son Mitt Romney by 8 percentage points, becomes a right-to-work state permanently, others could follow suit.

"Michigan could prove defining," said Harley Shaiken, a labor expert at UC Berkeley. "What happens here, given the role of unions historically in Michigan, and the larger political implications of right-to-work, could mean a lot."

The bills came as a surprise to many in labor, especially after recent victories at the ballot box. Gov. Snyder had initially said he was not interested in pursuing right-to-work laws, because they affected a relatively small number of Michiganders.

But he said that Proposal 2, a labor-backed referendum on the November ballot, "triggered the dialogue" about labor issues and led him to ultimately support anti-union legislation. The proposal would have enshrined collective bargaining rights in the state's constitution, but it was rejected by voters by a large margin.

"I asked labor leaders not to move forward with the ballot proposal because I knew it could trigger a discussion that could lead to right-to-work being a divisive issue," he said. "Unfortunately, they moved forward, it became divisive, and it was time to step up and take a leadership position."

It's unlikely the Legislature would have had enough votes to pass the bills in January, when the Legislature will still be in Republican control but more moderate, said Roland Zullo, a research scientist at the University of Michigan's Institute for Labor and Industrial Relations. The legislative approval, and Snyder's backing, signal that the partisan discord paralyzing the federal government is present on a local level too.

"There's retribution on many levels here," Zullo said. "It would have been easy for the current political party to walk away and say it is done, but instead, during this lame duck session when they feel they have the votes, they're pushing through a right-to-work law, allowing no debates."

Even before the legislation passed Tuesday, labor leaders were brainstorming ways to reverse the bills. The right-to-work legislation is attached to appropriations bills, so it can't simply be reversed in a referendum. But it could be reversed in a citizen's initiative in 2014, the same year that Snyder would be running for reelection.

"While it was disappointing that Snyder rammed this divisive 'tea party' legislation through we are considering all options that are on the table," said Eddie Vale, a spokesman for the labor-funded Workers' Voice. "Whether it is the available ballot initiative option, or Snyder's reelection itself, he will strongly hear the voices of Michiganders in 2014."

Unions have had mixed results overturning the slate of anti-labor laws that have been passed in the last two years. In Wisconsin, where Gov. Scott Walker signed a bill limiting collective bargaining for public sector employees, the law is still being challenged in various courts. An effort to recall Walker failed.

Labor had more success in Ohio, where Gov. John Kasich signed a bill in early 2011 that restricted collective bargaining rights for public employees. Unions were able to repeal the bill through a referendum in November 2011.

Anger against Kasich and Ohio Republicans may have helped President Obama win in Ohio in November.

Unions are popular in some parts of Michigan, where they had guaranteed pensions, benefits and high wages for decades in the auto industry. Although they were blamed by some for bankrupting the auto industry during the recession, they have regained trust by agreeing to a number of concessions with the Big Three automakers, said Kristin Dziczek, director of the labor and industry group for the Center for Automotive Research.

"A lot of people are currently benefiting from the United Auto Workers' bargaining, or have in the past," Dziczek said.

Conservative groups hailed the passage of the bills as an economic boon for Michigan, which was plagued by some of the highest unemployment rates in the nation during the recession.

"In addition to greater freedom for Michigan's workers, the right-to-work law will provide significant economic benefits for the state's workers and small businesses," Mark Mix, president of the National Right to Work Committee, said in a statement.

Michigan probably won't see the repercussions of the bills for a few years. That's because the right-to-work legislation only goes into effect when unions renegotiate contracts with management. For many autoworkers, that won't happen until 2015.

alana.semuels@latimes.com

Read More..

Obama and Boehner get along fine; politics is the problem

WASHINGTON — In summer 2011, negotiations between President Obama and House Speaker John A. Boehner over raising the debt ceiling featured plenty of drama.

There were private grumbles, a very public round of golf, a phone call from the White House that went unreturned and, overall, a lost opportunity to secure a "grand bargain" on spending and taxes.

Now, as high-stakes talks between Obama and Boehner rev up again, the lessons of that summer appear to be producing a new steadiness and comfort level between the two men.

After weeks of private phone calls and public posturing, the Ohio Republican quietly ducked into the White House on Sunday for his first one-on-one meeting with the president since mid-2011. The goal this time: forging a deal to avoid $500 billion in tax increases and spending cuts set to take effect in early January.

The face-to-face session came and went without a flood of leaks or post-meeting spin by either camp. The two sides even issued identical brief statements saying "lines of communication remain open," a far cry from Boehner's public complaint last Friday that prospects for compromise were "nowhere."

Obama had greased Sunday's meeting by giving Boehner a bottle of fine Italian wine — a Brunello di Montalcino — for his birthday on Nov. 17. Red wine was the speaker's drink of choice during the tense talks last year to raise the federal debt ceiling.

Boehner, for his part, didn't just call the president to wish him happy birthday. The son of a barkeeper sang him the first verse of the "Boehner Birthday Song," a three-sentence chant that ends with a Polka-style "Hey!"

"Personality has never been a roadblock to an agreement," said Brendan Buck, a Boehner spokesman. "The two men get along very well."

White House spokesman Jay Carney returned the sentiment: "The president likes and respects Speaker Boehner and looks forward to continuing to work with him."

If a deal falls apart, it probably will be a matter of politics, not personalities.

Members of the Republican right flank are all but certain to revolt if Boehner agrees to the president's proposal to raise taxes on the wealthiest Americans. And Obama will take heavy flack from left-leaning Democrats if he agrees to spending cuts sought by the GOP in Medicare, Social Security and other popular entitlement programs.

For weeks, the president has tried to build public pressure on Republicans. He kept the campaign up on Monday at a diesel engine plant near Detroit, where he suggested he was the one seeking a middle ground.

"I've said I will work with Republicans on a plan for economic growth, job creation and reducing our deficits and that has some compromises between Democrats and Republicans," Obama said. "I understand people have a lot of different views."

But Obama has not tried to go around or embarrass Boehner by seeking support from other Republican lawmakers. Boehner, in turn, has made a concerted effort to tone down the conservative critics in his ranks.

Obama had little one-on-one contact with Boehner, then the House Republican leader, in the first two years of his presidency. As the debt ceiling battle escalated in June 2011, the two men staged their first notable meeting on neutral territory: the golf course at Andrews Air Force Base. Obama and Boehner played on the same team, beating Vice President Joe Biden and Ohio Gov. John Kasich.

"They really made an effort with the theatrics with the golf game, for example, to show a message of reassurance that these people were not blood enemies," said Ross Baker, a professor of American politics at Rutgers University.

The game was followed by secret meetings, and they began to hammer out a $4-trillion "grand bargain" deficit-cutting deal. The talks were torpedoed and resuscitated throughout July. They came to an acrimonious end on July 22, with Boehner accusing Obama of moving the goal posts on new tax revenue.

Obama, appearing on television, groused about being "left at the altar" for the second time that month. Aides said Boehner had not returned the president's phone call.

Instead of a historic bargain, Congress passed a smaller deficit reduction bill at the 11th hour, including automatic across-the-board spending cuts now at play in the "fiscal cliff" talks.

Neither man seems to be holding a grudge — for now.

kathleen.hennessey@latimes.com

melanie.mason@latimes.com

Lisa Mascaro and Michael A. Memoli in the Washington bureau contributed to this report.

Read More..

Royal phone scandal highlights new media risks

CANBERRA (Reuters) – Back in 2007, as investigations were gathering strength into the UK phone hacking scandal involving journalists working under the umbrella of the Murdoch media empire, a comedy show based around prank telephone calls made a low-key debut in Britain.

‘Fonejacker’ proved such a hit with the British public that the next year the program, in which a masked caller bamboozles hapless victims, won a coveted BAFTA award for best comedy, underscoring the attraction of the prank call amid a blurring of a ceaseless news cycle with social media and entertainment.

But just such a prank telephone call, to a London hospital where Prince William‘s pregnant wife Kate was being treated, has sparked a firestorm in traditional and social media after the apparent suicide by the nurse who put the call through.

Much of the fury has been directed at laying blame for the nurse’s death on the Australian DJs who made the prank call, or the media in general, with the most vitriolic comments appearing on the public domains of Facebook and Twitter.

The social media outrage has become a story of its own, outlasting the original news value of a prank call, and has seen advertising pulled from the program which broadcast the hoax call and the suspension of the two radio announcers.

Shares in radio station 2DayFM’s owner, Southern Cross Austero fell 5 percent on Monday as the public backlash gathered strength.

Media commentators and analysts warn the rapidly changing traditional and social media worlds may have given people greater freedom of expression, but can unleash a genie which can have destructive or negative repercussions, without responsible behavior by both mainstream and social media operators.

“It’s all changing so fast that societal norms have retreated in confusion,” said veteran newspaper columnist Jennifer Hewett in the Australian Financial Review.

“What is clear is that we will soon look back to count the mounting costs and destructive force, as well as the great benefits, of the explosion of communication in an all-media, all-in, all-the-time world,” Hewett said.

Jacintha Saldanha, 46, was found dead in staff accommodation near London’s King Edward VII hospital on Friday after putting the hoax call through to a colleague who unwittingly disclosed details of Kate’s morning sickness to 2DayFM’s presenters.

Her death, still being investigated, followed still simmering outrage in Britain over phone hacking, as well as Australian anger over the power of radio announcers to plump ratings with a diet of shock, including a 2Day announcer who sparked fury by calling a woman journalist rival a “fat slag”.

And while in Britain the popular press were quick to seize the moral high ground and point the finger “Down Under”, Australian commentators pointed blame the other way, or at confusion over the changing role of media and voracious public demand for not only information, but increasingly titillation.

Australian newspaper columnist Mike Carlton said while 2Day FM and its parent company made good money by “entertaining simple minds”, for tabloid British papers to point “Down Under” over a ‘gotcha’ news genre they created was “towering hypocrisy”.

CHANGING MEDIA ETHICS

The social media condemnation of Saldanha’s death should prompt a re-think of ethics in the era of celebrity news, said Jim Macnamara, a media analyst from Australia’s University of Technology, Sydney.

“There is a lesson in this for media organizations everywhere, and for journalists and media personalities, and that is that they need to look at community standards and better self regulate,” said Macnamara.

The tragic fallout from the radio stunt has rekindled memories of the death of William’s mother Diana in a Paris car crash in 1997 and threatens to cast a pall over the birth of his and Kate’s first child.

Public amusement at the prank started turning when British media reported the call as a major security breach of the royal family’s privacy, despite the call never reaching Kate’s room and the information revealed by a nurse was already public.

But news of Saldanha’s death is what sparked the Internet firestorm, that once unleashed could not be controlled.

Hypocritically, some of the harshest criticism was on Twitter and Facebook, where people unleashed fury on Australian and British media, after having themselves publish news of Saldanha’s error under a Twitter topic #royalprank, which was repeated more than 15,000 times.

“When the twitterverse goes into meltdown, we all react with a chain reaction any nuclear plant would be proud of. I hope, in time, the world will learn to splash cold water on itself when these stories break and cool down, before we all get dragged into the mud of our own making,” Tristan Stewart-Robertson, a Glasgow-based journalist wrote in a blog on www.firstpost.com

(Editing by Michael Perry)

Internet News Headlines – Yahoo! News

Read More..

Luke Bryan cleans up at ACAs with 9 awards

Luke Bryan didn't want the American Country Awards to end.

He cleaned up during the fan-voted show, earning nine awards, including artist and album of the year. His smash hit "I Don't Want This Night To End" was named single and music video of the year.

Miranda Lambert took home the second most guitar trophies with three. Jason Aldean was named touring artist of the year. Carrie Underwood won female artist of the year, and a tearful Lauren Alaina won new artist of the year.

Bryan, Aldean, Keith Urban, Lady Antebellum and Trace Adkins with Lynyrd Skynrd were among the high-energy performances.

The third annual ACAs were held at Mandalay Bay in Las Vegas Monday night.

___

Online: http://www.theACAs.com

___

Follow http://www.twitter.com/AP_Country for the latest country music news from The Associated Press.

Read More..

Concussion Liability Issues Could Stretch Beyond N.F.L.

Paul Kitagaki Jr./The Sacramento Bee, via Associated Press

Insurers could raise premiums with a higher risk of lawsuits for concussions, like the one 49ers quarterback Alex Smith sustained a month ago.

As the N.F.L. confronts a raft of lawsuits brought by thousands of former players who accuse the league of hiding information about the dangers of concussions, a less visible battle that may have a more widespread effect in the sport is unfolding between the league and 32 of its current and former insurers.

The dispute revolves around how much money, if any, the insurers are obliged to pay for the league’s mounting legal bills and the hundreds of millions of dollars in potential damages that might stem from the cases brought by the retired players.

Regardless of how it is resolved, the dispute could hurt teams, leagues and schools at all levels if insurers raise premiums to compensate for the increased risk of lawsuits from the families of people who play hockey, lacrosse and other contact sports.

The N.F.L., which generates about $9 billion a year, may be equipped to handle these legal challenges. But colleges, high schools and club teams may be forced to consider severe measures in the face of liability issues, like raising fees to offset higher premiums; capping potential damages; and requiring players to sign away their right to sue coaches and schools. Some schools and leagues may even shut down teams because the expense and legal risk are too high.

“Insurers will be tightening up their own coverage and make sports more expensive,” said Robert Boland, who teaches sports law at New York University. “It could make the sustainability of certain sports a real issue.”

The N.F.L. contends that the insurers, some of whom wrote policies in the 1960s, have a duty to defend the league, which has paid them millions of dollars in premiums. The question for the N.F.L. is not whether the insurers are required to help the league, but rather what percent of the league’s expenses each insurer is obliged to cover.

The 32 insurance companies have varying arguments against the league. Some wrote policies for a limited number of years and contend their obligations should also be limited. Others contend they wrote policies for the N.F.L.’s marketing arm — for licensing disputes, for example — not the league itself.

A few of the companies went bankrupt or merged with rivals. Some insurers wrote primary policies that covered up to the first $1 million of claims; the rest insured obligations in excess of that amount.

Creating a formula for how to apportion liability will in some cases depend on the broader case between the league and its players now in federal court in Pennsylvania. If the N.F.L. persuades the judge to dismiss the case, the league will be left trying to recoup its legal costs from the insurers. If the judge allows the players’ case to proceed, the definitions of when, how and whether a player’s concussions led to his illness will become critical in shaping the insurers’ exposure, and could take years to sort out.

“This is baby step 1 in the process for everyone figuring how deep in the soup they are,” said Christopher Fusco, a lawyer who has worked on similar insurance cases but is not involved in the N.F.L. litigation. “Baby step 2 will be to figure out the facts.”

Fusco and other lawyers said the facts would largely come from the underlying suit between the league and the more than 3,000 retired players, including determining when the players sustained the head trauma and their injuries. This will probably be a long process because many of the retired players in the underlying suit, some of whom are now having memory loss, played decades ago, when concussions were often undiagnosed or not recorded.

Many of the insurance companies named in the suits declined to comment, citing the continuing litigation. The N.F.L. also did not comment.

The two-tiered battle between the league and its former players and insurers echoes the litigation stemming from asbestos claims because both cases center on long-tail claims, or injuries that could take years to manifest themselves.

One of the critical points of contention in those cases was how to define an occurrence to determine an insurer’s liability. In the context of the N.F.L. case, the question will be whether a player’s injuries should be treated as a single claim or a series of claims based on the number of concussions he received or the number of seasons he played.

“This is an issue that gets to the crux of asbestos and environmental litigation,” said William M. Wilt, the president of Assured Research, an insurance advisory firm. “If an occurrence is defined as each player and each season he played, you could hit the policy limits multiple times.”

Read More..

Study predicts rise of a global middle class

WASHINGTON — Majorities of people in most countries will achieve middle-class economic status by 2030, but the effects of climate change, an aging global population and anti-government movements in authoritarian nations such as China could cause upheaval in economic and political systems.

The predictions come from a forward-looking study by the National Intelligence Council, which every four years analyzes key trends and projects their implications 20 years into the future.

The United States is likely to remain "first among equals" among world powers because of the legacy of its leadership role and military power, according to the report.

No other global power or international order is likely to replace the United States' primacy, it said, even though in terms of overall power — economic output, population, military spending and investment — Asia will surpass North America and Europe over the next two decades.

"The context in which the U.S. global power will operate will change dramatically," stated the 166-page report, titled "Global Trends 2030: Alternative Worlds."

In a dramatic shift from previous reports, it projects that the U.S. will become energy independent because of abundant shale gas deposits now accessible with hydraulic fracturing technology, known as fracking. That is likely to reduce America's dependence on energy sources from unstable regions of the world.

The report assesses that China will overtake the U.S. as the world's largest economy as measured by national output, but notes that the growing wealth there may spark a popular yearning for multi-party democracy. It warns that any challenge of China's communist leadership could lead to political turmoil, however, and upend the global economy.

In a best-case scenario, the study said China may undergo gradual political reform and work closely with the United States to usher in a period of global political stability and economic growth.

A worst-case projection has the United States turning inward and the European Union unraveling, while corruption and social unrest stall growth in the world's largest countries, China and India.

The study described the expected growth of the global middle class as a "tectonic shift" that will require sharply increased production of food, water and energy, and may lead to scarcities.

"For the first time, a majority of the world's population will not be impoverished, and the middle classes will be the most important social and economic sector in the vast majority of countries around the world," the report noted.

But increasing global temperatures and rising seas may disrupt rain patterns and agriculture, and many countries probably will face food and water shortages.

Aging nations such as Japan, with fewer workers supporting a growing number of retirees, will face an uphill battle to maintain living standards. It projects that Russia will see its population fall by as many as 10 million people, and will continue a slow decline in global influence.

With the rapid expansion of new technologies, individuals will be empowered as never before, the study said. But the same trends have the potential to aid terrorists and criminals, who will have access to new methods of attack.

Terrorists could use drone aircraft to deliver biological toxins, or launch major cyber attacks to disable infrastructure, the report warned. On the other hand, it projected that the war against Al Qaeda is likely to be over by 2030.

"The current Islamist phase of terrorism" probably will recede just as other terrorism movements have faded away, including anarchists in the late 19th century, post-World War II anti-colonial movements and violent New Left groups in the 1970s.

Some 15 countries are at high risk of "state failure" by 2030, the study said, including four where the Obama administration is targeting Al Qaeda militants — Afghanistan, Pakistan, Somalia and Yemen.

The global trend reports tend to be broad enough to account for almost any outcome. None of the scenarios is inevitable, but they have occasionally proved prescient.

In 2000, a year before the Sept. 11 attacks, the report discussed the threat of large-scale terrorist attacks.

"Such asymmetric approaches — whether undertaken by states or non-state actors — will become the dominant characteristic of most threats to the U.S.," it warned.

ken.dilanian@latimes.com

Read More..

Plenty of smoke clouds the future of legalized pot in Washington

SEATTLE — Customers have been drifting into Jay Fratt's alternative pipe and tobacco shop, Smokin J's, in the days since Washington state's marijuana law took effect, wondering when cannabis would take its place on the shelves next to the handblown glass pipes.

Hold on, he told them. Fratt is, before anything else, a businessman, and he quickly realized there was a lot of smoke in the details.

First of all, the law setting up the nation's first legal regulatory system for retail pot won't allow sales until next year. And the federal government still considers marijuana illegal.

Then there are the taxation provisions: Can legal retailers compete with the black market when they have to pay over 25% in taxes? What about the provision that says marijuana shops can't stock anything but pot and pot supplies? What would happen to the Vancouver, Wash., shopkeeper's tie-dye baby jumpsuits, his "Stoner" trivia games, his meditating Buddha tapestries?

The euphoria that accompanied the debut of the initiative making it legal in Washington for adults to possess an ounce or less of marijuana faded shortly after midnight Thursday, when about 150 people gathered at the base of the Space Needle in Seattle to toke up in celebration.

By Friday morning, the bureaucrats, the lawyers and the suits from Wall Street were pulling into town as state regulators began setting up what could become a $1-billion industry, built precariously on a product whose possession the federal government considers a felony.

State officials estimate that pot will soon be selling legally for about $12 a gram, with annual consumption of 85 million grams — a potential bonanza in state tax revenue of nearly $2 billion over the first five years.

"I'm telling my clients, if I had a collective and I knew that legalization was coming and I knew they were going to be licensing people and I was already in the business, I'd be one of the first people going to apply for a license," said Jay Berneburg, a Tacoma, Wash., lawyer who held a seminar recently about getting into the retail trade.

"You could make a million dollars in five days. There's going to be people lined up to buy marijuana, just because they can," he said.

Venture capitalists are moving in. Brendan Kennedy and Michael Blue, two Yale University MBA graduates with backgrounds in Silicon Valley, have raised $5 million through their private equity firm, Privateer Holdings, believed to be the first in the nation to focus strictly on marijuana-related companies.

"We realized this was and is the biggest opportunity we think we'll probably see in our lifetimes," Blue said.

Their first acquisition was Leafly.com, a website that rates strains of marijuana for their medicinal properties. Users can plug in their ZIP codes and find out which products available in their areas produce the effects they're looking for, from "giggly" to the ability to treat migraines.

Vaporizers are another product they're looking at — anything that doesn't directly involve buying or selling marijuana. Privateer is offering investors the chance to make money in an arena most venture capitalists can't touch under standard partnership agreements, which normally spell out that investments not in compliance with federal law are prohibited. That means, they figure, an opportunity for stunning profits with little competition from other investment firms — though one has to listen to a lot of Bob Marley at trade shows.

"I've studied a lot of industries. I've never seen one that had this unique set of circumstances," Kennedy said. "It's highly fragmented, it's very unstructured, there's no leaders, there's no standards. The entire topic is taboo, and there's no involvement by Wall Street ... which is a unique opportunity, right?"

The state Liquor Control Board is asking for a staff of 40 to help set up a network of possibly 300 or more state-licensed retail stores. The board must also figure out how to regulate growers and packagers.

That process will take much of the next year. Though it has been legal since Thursday for adults to use small amounts of marijuana away from public view, they can't buy it, sell it or grow it until regulations are in place. Exemptions remain for medical users under existing law.

"Nowhere in the nation, or in the world, have they set up a regulatory system for recreational marijuana use. I think that's where we're kind of charting new ground," said Pat Kohler, director of the board.

"There will have to be a set of regulations set up on how much they can grow, what kind of security they need to have, can they grow it indoors — all these things need to be discussed."

In part, Kohler said, Washington will be looking to Colorado — where voters approved a similar statute that goes into effect in January — which has in place regulations for medical marijuana more comprehensive than Washington's laissez-faire approach.

She said it would also be logical to model regulations on rules governing the liquor industry. Until this year, when alcohol sales were privatized, hard liquor in Washington was sold at state-licensed stores that, like those to be set up under the marijuana law, sold nothing but alcohol under tight regulation and taxation.

Read More..

RIM offers biggest clients incentives to adopt BB10

TORONTO (Reuters) – Research In Motion Ltd on Thursday outlined a program of incentives to encourage its biggest customers to run its soon-to-launch line of BlackBerry 10 devices, seeking to persuade corporations and government users to stick with its secure smartphones.

RIM is betting that the devices, to be launched on January 30, will revive its fortunes. That will depend to a large extent on the response from RIM’s enterprise customers — the business users who value BlackBerry’s strong security features.

Waterloo, Ontario-based RIM, once a smartphone pioneer, has bled market share to Apple Inc’s iPhone and devices powered by Google’s market-leading Android operating system, even among the business customers who once used BlackBerry exclusively.

RIM says its new devices will be faster and smoother than previous BlackBerry phones and will have a large catalog of apps, which are crucial to the success of any new line of smartphones.

It now plans to phase in a BlackBerry 10 Ready Program for enterprise customers, initially offering online training and webcasts, and then providing free trade-ups of licenses and services.

“We will be aggressively reaching out to our customers to make sure they are aware of this program,” said Bryan Lee, senior director of enterprise at RIM. “We see this as really the linchpin for helping our customers to transition to BB10.”

Early adoption of BlackBerry 10 by government and corporate clients will go a long way in easing the concerns of both RIM’s clients and investors. Many fear that a lackluster market reception to BB10 could seal RIM’s fate.

RIM, which does not say what percentage of its business comes from the enterprise customers, said its online training and webcast series are already in place. Trade-ups, including free upgrades on the licenses for BB10 operating system, will be available ahead of the January 30 launch.

Evercore Partners analyst Mark McKechnie said RIM’s step-by-step program to woo enterprise customers was a positive move, though it highlights the challenges RIM faces.

“We are encouraged with an ‘all out’ marketing campaign with the right incentives to motivate enterprises to upgrade,” he said in a note to clients. “Our take is that this will remove a roadblock for those already planning to upgrade, but likely won’t push too many who prefer to wait.”

McKechnie, who has an “equal-weight” rating on RIM’s stock, said the move is unlikely to tempt back customers who have already abandoned the BlackBerry in favor of iPhones and Android devices. RIM offers support for the rival devices, but needs corporates to update to Blackberry Enterprise Service 10 so they can power and run BB10 devices on their networks.

BB10 READY

RIM’s Lee said he sees tremendous excitement from enterprise customers who want to use the new platform, but he would not speculate on how many would be ready to transition to the new platform come launch day.

RIM said last month that its BlackBerry Enterprise Server 10, which runs the devices on corporate networks, is in beta testing with around 20 key government agencies and corporates.

Feedback on the BB10 devices and platform has been largely positive from both carriers and developers. Financial analysts remain divided.

Some have upgraded their ratings and targets on RIM’s share price in anticipation of a successful launch of BB10, while others believe the new platform has little chance of succeeding.

TD Securities analyst Scott Penner on Wednesday raised his price target on RIM to $ 12 from $ 9.50, but said RIM still faces significant hurdles.

RIM’s stock has surged over the last two months from multi-year lows around $ 6 as the launch date for the new devices nears. The stock is still more than 90 percent below the 2008 all-time high around $ 148.

The latest TSX data indicates that short positions in RIM shares have fallen dramatically in the last two weeks. The total short positions in RIM, a bet that the stock price will fall, on the TSX fell to 15.2 million as of November 30, down from 20.6 million in the prior two weeks.

RIM shares slipped 0.4 percent to $ 11.89 on the Nasdaq on Thursday. The Toronto-listed shares ended down 0.3 percent at C$ 11.81.

(Reporting by Euan Rocha; Editing by Jeremy Laurence, Janet Guttsman and Leslie Adler)

Gadgets News Headlines – Yahoo! News

Read More..

Singer feared dead in Mexican plane crash

MONTERREY, Mexico (AP) — Mexico's music world mourned Jenni Rivera, the U.S.-born singer presumed killed in a plane crash whose soulful voice and openness about her personal troubles had made her a Mexican-American superstar.

Authorities have not confirmed her death, but Rivera's relatives in the U.S. say they have few doubts that she was on the Learjet 25 that disintegrated on impact Sunday in rugged territory in Nuevo Leon state in northern Mexico.

"My son Lupillo told me that effectively it was Jenni's plane that crashed and that everyone on board died," her father, Pedro Rivera told dozens of reporters gathered in front of his Los Angeles-area home. "I believe my daughter's body is unrecognizable."

He said that his son would fly to Monterrey early Monday to identify her presumed remains

Messages of condolence poured in from fellow musicians and celebrities.

Mexican songstress and actress Lucero wrote on her Twitter account: "What terrible news! Rest in peace ... My deepest condolences for her family and friends." Rivera's colleague on the Mexican show "The Voice of Mexico," pop star Paulina Rubio, said on her Twitter account: "My friend! Why? There is no consolation. God, please help me!"

Born in Long Beach, California, Rivera was at the peak of her career as perhaps the most successful female singer in grupero, a male-dominated regional style influenced by the norteno, cumbia and ranchero styles.

A 43-year-old mother of five children and grandmother of two, the woman known as the "Diva de la Banda" was known for her frank talk about her struggles to give a good life to her children despite a series of setbacks.

She was recently divorced from her third husband, was once detained at a Mexico City airport with tens of thousands of dollars in cash, and she publicly apologized after her brother assaulted a drunken fan who verbally attacked her in 2011.

Her openness about her personal troubles endeared her to millions in the U.S. and Mexico.

"I am the same as the public, as my fans," she told The Associated Press in an interview last March.

Rivera sold 15 million records, and recently won two Billboard Mexican Music Awards: Female Artist of the Year and Banda Album of the Year for "Joyas prestadas: Banda." She was nominated for Latin Grammys in 2002, 2008 and 2011.

Transportation and Communications Minister Gerardo Ruiz Esparza said "everything points toward" the wreckage belonging to the plane carrying Rivera and six other people to Toluca, outside Mexico City, from Monterrey, where the singer had just given a concert.

"There is nothing recognizable, neither material nor human" in the wreckage found in the state of Nuevo Leon, Ruiz Esparza said. The impact was so powerful that the remains of the plane "are scattered over an area of 250 to 300 meters. It is almost unrecognizable."

A mangled California driver's license with Rivera's name and picture was found in the crash site debris.

No cause was given for the plane's crash, but its wreckage was found near the town of Iturbide in Mexico's Sierra Madre Oriental, where the terrain is very rough.

The Learjet 25, number N345MC, took off from Monterrey at 3:30 a.m. local time and was reported missing about 10 minutes later. It was registered to Starwood Management of Las Vegas, Nevada, according to FAA records. It was built in 1969 and had a current registration through 2015.

Also believed aboard the plane were her publicist, Arturo Rivera, her lawyer, makeup artist and the flight crew.

Though drug trafficking was the theme of some of her songs, she was not considered a singer of "narco corridos," or ballads glorifying drug lords like other groups, such as Los Tigres del Norte. She was better known for singing about her troubles in love and disdain for men.

Her parents were Mexicans who had migrated to the United States. Two of her five brothers, Lupillo and Juan Rivera, are also well-known singers of grupero music.

She studied business administration and formally debuted on the music scene in 1995 with the release of her album "Chacalosa". Due to its success, she recorded two more independent albums, "We Are Rivera" and "Farewell to Selena," a tribute album to slain singer Selena that helped expand her following.

At the end of the 1990s, Rivera was signed by Sony Music and released two more albums. But widespread success came for her when she joined Fonovisa and released her 2005 album titled "Partier, Rebellious and Daring."

Besides being a singer, she is also a businesswoman and actress, appearing in the indie film Filly Brown, which was shown at the Sundance Film Festival, as the incarcerated mother of Filly Brown.

She was filming the third season of "I love Jenni," which followed her as she shared special moments with her children and as she toured through Mexico and the United States. She also has the reality shows: "Jenni Rivera Presents: Chiquis and Raq-C" and her daughter's "Chiquis 'n Control."

In 2009, she was detained at the Mexico City airport when she declared $20,000 in cash but was really carrying $52,167. She was taken into custody. She said it was an innocent mistake and authorities gave her the benefit of the doubt and released her.

In 2011, her brother Juan assaulted a drunken fan at a popular fair in Guanajuato. In the face of heavy criticism among her fans and on social networks, Rivera publicly apologized for the incident during a concert in Mexico City, telling her fans: "Thank you for accepting me as I am, with my virtues and defects."

On Saturday night, Rivera had given a concert before thousands of fans in Monterrey. After the concert she gave a press conference during which she spoke of her emotional state following her recent divorce from former Major League Baseball pitcher Esteban Loaiza, who played for teams including the New York Yankees and Los Angeles Dodgers.

"I can't get caught up in the negative because that destroys you. Perhaps trying to move away from my problems and focus on the positive is the best I can do. I am a woman like any other and ugly things happen to me like any other woman," she said Saturday night. "The number of times I have fallen down is the number of times I have gotten up."

Rivera had announced in October that she was divorcing Loaiza after two years of marriage.

There have been several high-profile crashes involving Learjets, known as swift, longer-distance passenger aircraft popular with corporate executives, entertainers and government officials.

A Learjet carrying pro-golfer Payne Stewart and five others crashed in northeastern South Dakota in 1999. Investigators said the plane lost cabin pressure and all on board died after losing consciousness for lack of oxygen. The aircraft flew for several hours on autopilot before running out of fuel and crashing in a corn field.

Former Blink 182 drummer Travis Barker was severely injured in a 2008 Learjet crash in South Carolina that killed four people.

That same year, a Learjet slammed into rush-hour traffic in a posh Mexico City neighborhood, killing Mexico's No. 2 government official, Interior Secretary Juan Camilo Mourino, and eight others on the plane, plus five people on the ground.

___

Associated Press Writer Galia Garcia-Palafox and Olga R. Rodriguez contributed to this report from Mexico City.

Read More..

Interest Groups Push to Fill Margins of Health Coverage

The chiropractors were out in force, lobbying for months to get their services included in every state’s package of essential health benefits that will be guaranteed under the new health care law.

“We’ve been in constant contact with our state chapters, just telling them, ‘Look, you’ve got to get in the room,’ ” said John Falardeau, senior vice president of government relations at the American Chiropractic Association.

The acupuncturists were modest by comparison, ultimately focusing on a few states, like California, where they had the best odds of being included.

“Our profession really didn’t have a million dollars to spend on a lobbyist,” said Jeannie Kang, the immediate past president of the American Association of Acupuncture and Oriental Medicine. Instead, they mobilized 20,000 acupuncturists and their patients in a letter-writing campaign.

Both efforts seem to have shown results. Most of the roughly two dozen states that have chosen their essential benefits — services that insurance will have to cover under the law — have decided to include chiropractic care in their package. Four states — California, Maryland, New Mexico and Washington — included acupuncture for treating pain, nausea and other ailments. It is also likely to be an essential benefit in Alaska and Nevada, according to the Department of Health and Human Services.

“To me, six is huge,” said Ms. Kang, an acupuncturist in Los Angeles, who helped coordinate the lobbying effort.

The main goal of the health care law has always been to guarantee medical coverage to nearly all Americans, but as states finalize their benefits packages, it is becoming clear that what is received will depend partly on location.

According to proposals that the states have submitted to the Department of Health and Human Services, insurance plans will have to cover weight-loss surgery in New York and California, for example, but not in Minnesota or Connecticut. Infertility treatment will be a required benefit in Massachusetts, but not in Arizona.

Over all, the law requires that essential health benefits cover 10 broad categories, including emergency services, maternity and newborn care, hospitalization, preventive care and prescription drugs. But there is room for variation in those categories. Whether insurance will pay for hearing aids, foot care, speech therapy and various medications will vary significantly by state.

The Obama administration originally planned to impose a single set of essential benefits nationwide, so groups like Ms. Kang’s lobbied federal officials at first. But last year, amid accusations that the health care law was too rigid, it decided to allow each state to choose its own guaranteed benefits within the 10 broad categories.

The law stipulates that starting in January 2014, the essential benefits will have to be covered by insurance plans offered in individual and small-group markets. These are the plans that people will shop for to comply with the law’s mandate that almost everyone have health coverage or pay a penalty. They will be available through health insurance exchanges, online markets where the uninsured can shop for coverage, often with federal subsidies to help pay for it.

The essential benefits will not be guaranteed to people who get coverage through large employers, but such plans already tend to be relatively generous. In comparison, many plans currently sold on the individual market do not cover maternity care, for example, or mental health services.

For the most part, states are defining their essential benefits as those provided by the largest health plan in their small-group insurance market. In Washington State, for example, that plan covers 12 acupuncture visits and 10 chiropractic visits per year. It does not cover in vitro fertilization, weight-loss programs or routine foot care for anyone except diabetics.

“Everybody really was conscious of the cost impact that the plan was going to have,” said Stephanie Marquis, a spokeswoman for the state’s insurance commissioner. “That’s something we’re working very hard at keeping an eye on and making sure we’re not adding benefits unnecessarily.”

Alan Weil, executive director of the National Academy for State Health Policy, said that while the essential benefit packages vary at the margins, they are similar over all. Every state’s package will cover visits to primary care doctors and specialists, for example, and diagnostic tests like X-rays and blood work.

“To people who care about particular diseases or conditions or provider groups, these don’t feel like the margins,” Mr. Weil said. “But at the end of the day, the core benefits are very standardized, and the differences are at the periphery.”

Some states have declined to choose an essential benefits package, saying that the law does not give them enough latitude. In those states, the default will be the largest plan available in their small-group insurance market, according to the Department of Health and Human Services.

Gov. Dave Heineman, Republican of Nebraska, chose an insurance plan with a high deductible as his state’s benchmark, reasoning that such lower-cost plans were popular in the state. But the Obama administration recently informed him that the plan did not meet the requirements of the law, he said.

“The point we were trying to make is that the minimum coverage should not be above what people need,” Mr. Heineman said. “The overriding concern is that the cost will be too great.”

Other states delayed choosing a benchmark plan on the grounds that the Obama administration had not provided enough guidance. Last month, the administration published a proposed rule that sought to answer outstanding questions.

The rule makes clear, for example, that insurers can substitute one covered service for another as long as they are in the same broad category and “substantially equal.” It clarifies that pediatric services, one of the 10 required categories, must be provided to everyone 18 and under.

States can still change or choose a benchmark plan, but they are running out of time. They generally have until Dec. 26, when the comment period for the proposed rule will end. So far, 23 states and the District of Columbia have chosen plans, according to Avalere Health, a consulting company.

Interest groups that did not succeed in getting a particular service covered may have another chance to do so. States will most likely be able to change their benchmark plans after 2015. So groups like the Obesity Action Coalition will keep making their case.

“There’s going to be a great deal more effort on this issue,” said Chris Gallagher, a policy consultant for the coalition. “At a minimum, if plans are going to try to exclude obesity treatment services, there must be some kind of exception for medically necessary treatment. It’s a serious medical condition that affects one in three Americans.”

Likewise, Ms. Kang’s group will keep presenting state decision makers with patient testimonials and research studies on the benefits of acupuncture. Its next targets are New York and Florida, which have more licensed acupuncturists than any state except California.

The chiropractors, meanwhile, are focused on California, where the essential benefits package that Gov. Jerry Brown signed into law in September does not include chiropractic services. Mr. Falardeau said the American Chiropractic Association was still hoping for a change.

“We’re ready, if we have to, to go to war on it,” he said.

This article has been revised to reflect the following correction:

Correction: December 10, 2012

An article on Thursday about the way in which benefits under the new health care law will vary from state to state, using information from the Department of Health and Human Services, misidentified a state that has proposed making infertility treatment a required benefit. It is Massachusetts, not New Hampshire.

Read More..