"Cliff" concerns give way to earnings focus

NEW YORK (Reuters) - Investors' "fiscal cliff" worries are likely to give way to more fundamental concerns, like earnings, as fourth-quarter reports get under way next week.

Financial results, which begin after the market closes on Tuesday with aluminum company Alcoa , are expected to be only slightly better than the third-quarter's lackluster results. As a warning sign, analyst current estimates are down sharply from what they were in October.

That could set stocks up for more volatility following a week of sharp gains that put the Standard & Poor's 500 index <.spx> on Friday at the highest close since December 31, 2007. The index also registered its biggest weekly percentage gain in more than a year.

Based on a Reuters analysis, Europe ranks among the chief concerns cited by companies that warned on fourth-quarter results. Uncertainty about the region and its weak economic outlook were cited by more than half of the 25 largest S&P 500 companies that issued warnings.

In the most recent earnings conference calls, macroeconomic worries were cited by 10 companies while the U.S. "fiscal cliff" was cited by at least nine as reasons for their earnings warnings.

"The number of things that could go wrong isn't so high, but the magnitude of how wrong they could go is what's worrisome," said Kurt Winters, senior portfolio manager for Whitebox Mutual Funds in Minneapolis.

Negative-to-positive guidance by S&P 500 companies for the fourth quarter was 3.6 to 1, the second worst since the third quarter of 2001, according to Thomson Reuters data.

U.S. lawmakers narrowly averted the "fiscal cliff" by coming to a last-minute agreement on a bill to avoid steep tax hikes this weeks -- driving the rally in stocks -- but the battle over further spending cuts is expected to resume in two months.

Investors also have seen a revival of worries about Europe's sovereign debt problems, with Moody's in November downgrading France's credit rating and debt crises looming for Spain and other countries.

"You have a recession in Europe as a base case. Europe is still the biggest trading partner with a lot of U.S. companies, and it's still a big chunk of global capital spending," said Adam Parker, chief U.S. equity strategist at Morgan Stanley in New York.

Among companies citing worries about Europe was eBay , whose chief financial officer, Bob Swan, spoke of "macro pressures from Europe" in the company's October earnings conference call.

REVENUE WORRIES

One of the biggest worries voiced about earnings has been whether companies will be able to continue to boost profit growth despite relatively weak revenue growth.

S&P 500 revenue fell 0.8 percent in the third quarter for the first decline since the third quarter of 2009, Thomson Reuters data showed. Earnings growth for the quarter was a paltry 0.1 percent after briefly dipping into negative territory.

On top of that, just 40 percent of S&P 500 companies beat revenue expectations in the third quarter, while 64.2 percent beat earnings estimates, the Thomson Reuters data showed.

For the fourth quarter, estimates are slightly better but are well off estimates for the quarter from just a few months earlier. S&P 500 earnings are expected to have risen 2.8 percent while revenue is expected to have gone up 1.9 percent.

Back in October, earnings growth for the fourth quarter was forecast up 9.9 percent.

In spite of the cautious outlooks, some analysts still see a good chance for earnings beats this reporting period.

"The thinking is you need top line growth for earnings to continue to expand, and we've seen the market defy that," said Mike Jackson, founder of Denver-based investment firm T3 Equity Labs.

Based on his analysis, energy, industrials and consumer discretionary are the S&P sectors most likely to beat earnings expectations in the upcoming season, while consumer staples, materials and utilities are the least likely to beat, Jackson said.

Sounding a positive note on Friday, drugmaker Eli Lilly and Co said it expects profit in 2013 to increase by more than Wall Street had been forecasting, primarily due to cost controls and improved productivity.

(Reporting By Caroline Valetkevitch; Editing by Kenneth Barry)

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McChrystal Book Details Tensions With Obama

WASHINGTON — In a memoir, Gen. Stanley A. McChrystal, the former American commander in Afghanistan, writes that tensions between the White House and the Pentagon were evident in the Obama administration from its opening months in office.

The beginning of President Obama’s first term “saw the emergence of an unfortunate deficit of trust between the White House and the Department of Defense, largely arising from the decision-making process on Afghanistan,” General McChrystal writes. “The effects were costly.”

The book by General McChrystal, who was fired from his post in 2010 after an article in Rolling Stone quoted him and his staff making dismissive comments about the White House, is likely to disappoint readers who are looking for a vivid blow-by-blow account of infighting within the administration.

The book, titled “My Share of the Task: A Memoir,” does not provide an account of the White House meeting at which Mr. Obama accepted the general’s resignation. General McChrystal’s tone toward Mr. Obama is respectful, and he notes that his wife, Annie, joined the crowd at Mr. Obama’s inauguration. The book is to be released on Monday.

An advance copy of the book provides revealing glimpses of the friction over military planning and comes as Mr. Obama is weighing, and perhaps preparing to overrule, the troop requests that have been presented by the current American commander in Afghanistan, Gen. John R. Allen.

The account is all the more noteworthy since General McChrystal, who retired from the Army, remains a respected voice within the military and teaches a course on leadership at Yale.

According to the book, the tensions began before General McChrystal took command in Kabul, Afghanistan, and were set off by a request from his predecessor, Gen. David D. McKiernan, for 30,000 additional troops at the end of the Bush administration.

Instead of approving the entire request, in February 2009, Mr. Obama decided that 17,000 would be sent, adding that decisions on additional deployments would be based on further analysis.

From the White House perspective, General McChrystal writes, “this partial decision was logical.” After less than a month, the president had increased American forces in Afghanistan by 50 percent. Though Mr. Obama had cast the conflict in Afghanistan as a “war of necessity,” as a candidate he was nonetheless wary about a prolonged American military involvement there.

But the Pentagon pressed for an additional 4,000 troops, fearing that there was little time to reverse the Taliban’s gains before the August elections in Afghanistan.

“The military felt a sense of urgency, seeing little remaining time if any forces approved were to reach Afghanistan in time to improve security in advance of the elections,” he wrote.

The White House later approved the 4,000 troops, but the dispute pointed to a deeper clash of cultures over the use of force that continued after General McChrystal took command.

“Military leaders, many of whom were students of counterinsurgency, recognized the dangers of an incremental escalation, and the historical lesson that ‘trailing’ an insurgency typically condemned counterinsurgents to failure,” he writes.

In May 2009, soon before he assumed command in Kabul, General McChrystal had a “short, but cordial” meeting with Mr. Obama at which the president “offered no specific guidance,” he notes.

The next month, General McChrystal was surprised when James L. Jones, Mr. Obama’s first national security adviser, told him that the Obama administration would not consider sending more forces until the effect of arriving units could be fully evaluated.

That contradicted the guidance that General McChrystal had received from Defense Secretary Robert M. Gates that he should submit an assessment in August of the additional forces that might be required, he writes.

At an Oct. 8, 2009, video conference with Mr. Obama’s National Security Council, differences again emerged when General McChrystal outlined his goals: “Defeat the Taliban. Secure the population.”

That prompted a challenge by a Washington-based official, whom General McChrystal does not name, that the goal of defeating the Taliban seemed too ambitious and that the command in Kabul should settle instead for an effort to “degrade” the Taliban.

At the next video conference, General McChrystal presented a slide showing that his objectives had been derived from Mr. Obama’s own speeches and a White House strategy review. “But it was clear to me that the mission itself was now on the table for review and adjustment,” he wrote.

After General McChrystal determined that at least 40,000 additional forces were needed to reverse the deteriorating situation in Afghanistan, Mr. Obama provided 30,000 and said he would ask allied nations to contribute the rest.

General McChrystal acknowledges that he had concerns that Mr. Obama’s decision to announce a date for beginning the withdrawal of the additional “surge” forces might embolden the Taliban. But the general writes that he did not challenge the decision.

“If I felt like the decision to set a withdrawal date would have been fatal to the success of our mission, I’d have said so,” he writes.

General McChrystal has little to say about the episode that led to the article in Rolling Stone. He writes that the comments attributed to his team were “unacceptable” but adds that he was surprised by the tone of the article, which he had expected would show the camaraderie among the American, British, French and Afghan officers.

As the controversy over the article grew, General McChrystal did not seek advice before offering his resignation. The book does not say if he was disappointed when Mr. Obama accepted it at a brief White House meeting.

Returning to his quarters at Fort McNair after that White House meeting, he broke the news to his wife: “I told her that our life in the Army was over.”

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Honduras removes its ambassador to Colombia amid party scandal

TEGUCIGALPA (Reuters) – Honduras has removed its ambassador to Colombia amid reports his personal aide was involved in a wild party held at the embassy of Honduras in Bogota which, according to media, was attended by prostitutes and where cell phones and computers were stolen.

Ambassador Carlos Rodriguez quit his post on Saturday, Honduras’ foreign ministry said in a release, after the government requested his withdrawal.

Rodriguez’s personal aide went out with friends on December 20, picking up some prostitutes in Bogota’s red district before going to the embassy, where they consumed alcohol and trashed the facilities, El Heraldo daily reported.

It was not clear if Rodriguez was present, but the ministry said an investigation was under way.

Last year, about a dozen U.S. Secret Service employees were accused of misconduct for bringing women, some of them prostitutes, back to their hotel rooms ahead of a visit to Colombia by President Barack Obama, in the biggest scandal to hit the agency.

(Reporting By Gustavo Palencia; Editing by Vicki Allen)

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Bethenny Frankel Divorcing Jason Hoppy

By Sarah Michaud

01/05/2013 at 05:00 PM EST

Bethenny Frankel and Jason Hoppy

Albert Michael/Startraks

It's official – Bethenny Frankel and Jason Hoppy's marriage is over.

Having announced a separation over the holidays, the reality star began the divorce process by filing earlier this week in New York, TMZ reports.

"It brings me great sadness to say that Jason and I are separating," Frankel, 42, had said in a statement Dec. 23. "This was an extremely difficult decision that as a woman and a mother, I have to accept as the best choice for our family."

The split comes after months of rumors that the pair – who married in 2010 and are parents to daughter Bryn, 2½ – were on the rocks.

"Bethenny is devastated," a friend tells PEOPLE.

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FDA: New rules will make food safer

WASHINGTON (AP) — The Food and Drug Administration says its new guidelines would make the food Americans eat safer and help prevent the kinds of foodborne disease outbreaks that sicken or kill thousands of consumers each year.

The rules, the most sweeping food safety guidelines in decades, would require farmers to take new precautions against contamination, to include making sure workers' hands are washed, irrigation water is clean, and that animals stay out of fields. Food manufacturers will have to submit food safety plans to the government to show they are keeping their operations clean.

The long-overdue regulations could cost businesses close to half a billion dollars a year to implement, but are expected to reduce the estimated 3,000 deaths a year from foodborne illness. The new guidelines were announced Friday.

Just since last summer, outbreaks of listeria in cheese and salmonella in peanut butter, mangoes and cantaloupe have been linked to more than 400 illnesses and as many as seven deaths, according to the federal Centers for Disease Control and Prevention. The actual number of those sickened is likely much higher.

Many responsible food companies and farmers are already following the steps that the FDA would now require them to take. But officials say the requirements could have saved lives and prevented illnesses in several of the large-scale outbreaks that have hit the country in recent years.

In a 2011 outbreak of listeria in cantaloupe that claimed 33 lives, for example, FDA inspectors found pools of dirty water on the floor and old, dirty processing equipment at Jensen Farms in Colorado where the cantaloupes were grown. In a peanut butter outbreak this year linked to 42 salmonella illnesses, inspectors found samples of salmonella throughout Sunland Inc.'s peanut processing plant in New Mexico and multiple obvious safety problems, such as birds flying over uncovered trailers of peanuts and employees not washing their hands.

Under the new rules, companies would have to lay out plans for preventing those sorts of problems, monitor their own progress and explain to the FDA how they would correct them.

"The rules go very directly to preventing the types of outbreaks we have seen," said Michael Taylor, FDA's deputy commissioner for foods.

The FDA estimates the new rules could prevent almost 2 million illnesses annually, but it could be several years before the rules are actually preventing outbreaks. Taylor said it could take the agency another year to craft the rules after a four-month comment period, and farms would have at least two years to comply — meaning the farm rules are at least three years away from taking effect. Smaller farms would have even longer to comply.

The new rules, which come exactly two years to the day President Barack Obama's signed food safety legislation passed by Congress, were already delayed. The 2011 law required the agency to propose a first installment of the rules a year ago, but the Obama administration held them until after the election. Food safety advocates sued the administration to win their release.

The produce rule would mark the first time the FDA has had real authority to regulate food on farms. In an effort to stave off protests from farmers, the farm rules are tailored to apply only to certain fruits and vegetables that pose the greatest risk, like berries, melons, leafy greens and other foods that are usually eaten raw. A farm that produces green beans that will be canned and cooked, for example, would not be regulated.

Such flexibility, along with the growing realization that outbreaks are bad for business, has brought the produce industry and much of the rest of the food industry on board as Congress and FDA has worked to make food safer.

In a statement Friday, Pamela Bailey, president of the Grocery Manufacturers Association, which represents the country's biggest food companies, said the food safety law "can serve as a role model for what can be achieved when the private and public sectors work together to achieve a common goal."

The new rules could cost large farms $30,000 a year, according to the FDA. The agency did not break down the costs for individual processing plants, but said the rules could cost manufacturers up to $475 million annually.

FDA Commissioner Margaret Hamburg said the success of the rules will also depend on how much money Congress gives the chronically underfunded agency to put them in place. "Resources remain an ongoing concern," she said.

The farm and manufacturing rules are only one part of the food safety law. The bill also authorized more surprise inspections by the FDA and gave the agency additional powers to shut down food facilities. In addition, the law required stricter standards on imported foods. The agency said it will soon propose other overdue rules to ensure that importers verify overseas food is safe and to improve food safety audits overseas.

Food safety advocates frustrated over the last year as the rules stalled praised the proposed action.

"The new law should transform the FDA from an agency that tracks down outbreaks after the fact, to an agency focused on preventing food contamination in the first place," said Caroline Smith DeWaal of the Center for Science in the Public Interest.

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S&P 500 finishes at 5-year high on economic data

NEW YORK (Reuters) - The benchmark Standard & Poor's 500 index ended at a five-year high on Friday, lifted by reports showing employers kept up a steady pace of hiring workers and the vast services sector expanded at a brisk rate.

The gains on the S&P 500 pushed the index to its highest close since December 2007 and its biggest weekly gain since December 2011.

Most of the gains came early in the holiday-shortened week, including the largest one-day rise for the index in more than a year on Wednesday after politicians struck a deal to avert the "fiscal cliff."

The Dow Jones industrial average <.dji> gained 43.85 points, or 0.33 percent, to 13,435.21. The Standard & Poor's 500 Index <.spx> rose 7.10 points, or 0.49 percent, to 1,466.47. The Nasdaq Composite Index <.ixic> edged up 1.09 points, or 0.04 percent, to 3,101.66.

For the week, the S&P gained 4.6 percent, the Dow rose 3.8 percent and the Nasdaq jumped 4.8 percent to post their largest weekly percentage gains in more than a year.

The CBOE Volatility index <.vix>, a measure of investor anxiety, dropped for a fourth straight session, giving the index a weekly decline of nearly 40 percent, its biggest weekly fall ever. The close of 13.83 on the VIX marks its lowest level since August.

In Friday's economic reports, the Labor Department said non-farm payrolls grew by 155,000 jobs last month, slightly below November's level. Gains were distributed broadly throughout the economy, from manufacturing and construction to healthcare.

Also serving to boost equities was data from the Institute for Supply Management showing U.S. service sector activity expanding the most in 10 months.

With the S&P 500 index at a five-year closing high, analysts said any gains above the index's intraday high near 1,475 in September may be harder to come by.

"We are getting to a point where we need a strong catalyst, which could be earnings, it could be three months of good economic data, it could be a variety of things," said Adam Thurgood, managing director at HighTower Advisors in Las Vegas, Nevada.

"What is going on right now is this conflicting view of fundamentals look pretty good and improving, and then you've got these negative tail risks that could blow everything up," Thurgood said.

He referred to "a fiscal superstorm brewing" of issues still left unresolved in Washington, including tough federal budget cuts and the need to raise the government's debt ceiling all within a couple of months.

The rise in payrolls shown by the jobs data did not make a dent in the U.S. unemployment rate still at 7.8 percent.

A Reuters poll on Friday of economists at Wall Street's top financial institutions showed that most expect the Fed in 2013 to end the program with which it bought Treasury debt in an effort to stimulate the economy.

A drop in Apple Inc shares of 2.6 percent to $528.36 kept pressure on the Nasdaq.

Adding to concerns about Apple's ability to produce more innovative products, rival Samsung Electronics Co Ltd is expected to widen its lead over Apple in global smartphone sales this year with growth of 35 percent. Market researcher Strategy Analytics said Samsung had a broad product lineup.

Eli Lilly and Co was among the biggest boost's to the S&P, up 3.7 percent to $51.56 after the pharmaceuticals maker said it expects its 2013 earnings to increase to $3.75 to $3.90 per share, excluding items, from $3.30 to $3.40 per share in 2012.

Fellow drugmaker Johnson & Johnson rose 1.2 percent to $71.55 after Deutsche Bank upgraded the Dow component to a "Buy" from a "Hold" rating. The NYSEArca pharmaceutical index <.drg> climbed 0.6 percent.

Shares of Mosaic Co gained 3.3 percent to $58.62. Excluding items, the fertilizer producer's quarterly earnings beat analysts' expectations, according to Thomson Reuters I/B/E/S.

Volume was modest with about 6.07 billion shares traded on the New York Stock Exchange, NYSE MKT and Nasdaq, slightly below the 2012 daily average of 6.42 billion.

Advancing stocks outnumbered declining ones on the NYSE by 2,287 to 701, while on the Nasdaq, advancers beat decliners 1,599 to 866.

(Reporting by Chuck Mikolajczak; Editing by Nick Zieminski and Kenneth Barry)

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Crackdowns Make Fleeing North Korea Harder

Woohae Cho for the International Herald Tribune

The Rev. Kim Seung-eun at his church in Cheonan, a center for activists who help smuggle refugees from North Korea.

CHEONAN, South Korea — The Rev. Kim Seung-eun said he could measure the increasing difficulty of smuggling people out of North Korea by the higher cost of bribing North Korean soldiers on the Chinese border to look the other way.

“They demand not only more cash, but also all kinds of things for themselves and their superiors,” said Mr. Kim, a South Korean human rights activist who helps North Koreans flee their totalitarian homeland and resettle in the South. “They’ve developed a taste for South Korean goods, too.”

Under North Korea’s new leader, Kim Jong-un, human rights activists and South Korean officials say, it has become increasingly difficult to smuggle refugees out of the country, contributing to a sharp drop in the number of North Koreans reaching South Korea in the past year.

The number of refugees has never been particularly large, since most North Koreans are so impoverished they find it all but impossible to raise the money to attempt an escape. But the tightening of controls at the Chinese border led to a fall of about 44 percent from the previous year in the number of refugees reaching South Korea in 2012. The total was 1,509, according to South Korean government data.

Despite the relatively small number, the flow of North Koreans defecting to South Korea to escape poverty and oppression has long been a major embarrassment for the North. Lately, the Chinese also appear to have tightened their control at the river border to help protect its client government. “The crackdowns in China and North Korea came in tandem,” said Mr. Kim, who manages a network of activists and smugglers from his Caleb Mission church in Cheonan, a city about 60 miles south of Seoul. “It’s become more difficult for my people to operate in North Korea and China.”

The number of refugees peaked at 2,917 in 2009, when North Korea was suffering from a devastating famine. Today, about 24,000 people who escaped from North Korea live in South Korea.

In the last years of his rule, Kim Jong-il, the previous dictator and the father of the current ruler, began adding more checkpoints on the roads to the Chinese border, according to South Korean activists and researchers. North Korea built more barriers along the border and rotated patrols more frequently to discourage corruption.

Under Kim Jong-un, who took over a year ago after his father’s death, border controls have tightened further, officials and activists say. The government began to jam the Chinese cellphone signals that activists relied on to coordinate their smuggling operations with collaborators in the North. North Korea also deployed equipment to trace cellphone signals.

“That significantly narrowed the window for cross-border cellphone conversations,” said Kim Hee-tae, a leader of the International Network of North Korea Human Rights Activists. His group raises money from churches; until last year they typically arranged for 180 to 190 North Korean refugees annually to escape to the South. But this past year, he said, his organization managed to bring in only about 100 people.

“Even after the bribes are paid, there is no guarantee of success,” said Do Hee-youn, head of the Citizens’ Coalition for the Human Rights of North Korean Refugees, based in Seoul. “We have recently seen cases where border guards were not punished for having taken bribes when they turned over the refugees.” Adding to the difficulty, some of the missionaries and brokers involved in the smuggling were rounded up by the Chinese police.

“It just became impossible to use public transportation in China because these days, you cannot buy a train or bus ticket without a proper ID, which the North Koreans don’t have,” said the Rev. Chun Ki-won, another veteran human rights activist who runs the Durihana Mission, a Christian group based in Seoul.

But for all the tighter controls imposed by the North Koreans and Chinese, there are still ways of slipping through the cracks.

Landing a border assignment is seen by many North Korean soldiers as a chance to make a fortune by collecting bribes from smugglers. The police in North Korea sometimes protect families with relatives in the South so they can take a cut from cash remittances from the South.

North Koreans have also developed an appetite for outside news and entertainment. “If early defectors fled North Korea for sheer ‘survival,’ an increasing number of North Koreans reaching South Korea flee for ‘a better life’ than they had in the North,” Kim Soo-am, an expert on North Korean refugees at the Korea Institute for National Unification in Seoul, recently wrote.

A group of 15 North Koreans that the Caleb Mission team in Cheonan had smuggled out in early December included a striking example of one such defector: a 29-year-old woman who yearned to become a television celebrity. “She had watched so many South Korean soap operas that she developed an illusion about life in South Korea,” Mr. Kim said, pointing out a particularly well-dressed woman in a photograph of the 15 North Koreans. “When we smuggled her out of North Korea, she was already wearing nothing but South Korean-made clothes.”

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Clearwire investor seeks to block sale to Sprint

(Reuters) – A large Clearwire Corp shareholder on Friday stepped up its campaign against the planned sale of the wireless service provider to its majority owner, Sprint Nextel Corp, saying it plans to ask the U.S. telecoms regulator to block the deal.

Crest Financial’s general counsel also said on a call with reporters that it will ask the U.S. Federal Communications Commission to block Sprint’s plan to sell 70 percent of itself to Softbank Corp of Japan for $ 20 billion.

Going to the FCC is a new line of attack on the Sprint deal by Crest, which has also filed a class action lawsuit on behalf of Clearwire investors. Dave Schumacher, Crest’s general counsel, said the fund said other minority investors told Crest they did not support the Sprint deal, but he did not provide details.

The investment fund, which owns around 8 percent of Clearwire, has said Sprint’s offer of $ 2.97 share for the roughly 50 percent of Clearwire it does not currently own, “grossly undervalues Clearwire.” Sprint’s offer is worth about $ 2.2 billion, but Schumacher said Crest had not done its own valuation and was basing its criticism of the price on estimates by analysts.

In going to the FCC, Crest will argue that the Clearwire deal artificially undervalues the company’s spectrum holdings, Schumacher said. That in turn potentially devalues future revenue for the U.S. government when it auctions off spectrum licenses.

“The merger is therefore a bad deal all around for Clearwire shareholders and also for the public at large,” said Schumacher.

Sprint spokesman Scott Sloat said the deal with Clearwire was the right one for Sprint, Clearwire and American consumers. He said the class action lawsuit was baseless.

A spokesman for Clearwire, Mike DiGioia, declined to comment on Crest’s intention to go to the FCC. He said a special committee of the board conducted a rigorous evaluation of the company’s options before agreeing to the Sprint deal.

Clearwire’s chief executive, Erik Prusch, has said the company does not have attractive alternatives as it seeks funding to continue to upgrade its own network and could risk bankruptcy if the Sprint deal does not succeed.

Crest has sued Clearwire in the Court of Chancery in Delaware, where the company is incorporated, to permanently block the deal.

The Delaware court will hear arguments next week on Crest’s request to expedite the case and Schumacher said Crest hopes to move to a trial in April.

The deal needs approval by a majority of Clearwire’s minority shareholders and Sprint has said it has the support of three large Clearwire investors – Comcast Corp, Intel Corp and Bright House Networks LLC – which hold 13 percent of Clearwire stock. Schumacher said the fund would try to prevent the three from voting because of their affiliation with Sprint.

As Clearwire’s fight with its shareholders heats up, Sprint has its own shareholders to contend with.

A Kansas court on Friday declined Sprint’s request for an early dismissal of a lawsuit by a union pension fund that holds Sprint stock.

The lawsuit alleged that Sprint’s chief executive, Daniel Hesse, rushed merger talks with Softbank and did not get a fair price.

The ruling by Thomas Sutherland, the judge for the District Court of Johnson County, Kansas, will allow the pension fund to begin to demand documents and witnesses as it tries to prove its case.

Sloat, the Sprint spokesman, said the ruling only addressed the technical adequacy of the pension fund’s pleading and did not address the merits of the case. He said Sprint continued to believe the case was without merit.

(Reporting By Tom Hals in Wilmington, Delaware and Sinead Carew in New York; Editing by Bernard Orr and David Gregorio)

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Is Promised Land a Fracking Good Movie?

By PEOPLE Movie Critic Alynda Wheat

01/04/2013 at 06:00 PM EST

Matt Damon and John Krasinski

Scott Green

It's award season, which naturally means there are plenty of great movies lingering in theaters.

It's also January, which means, well, let me put it this way: You know that gross mix of old slush, dirt and motor oil that submerges your boots as you step off a street corner around this time of year? That's what debuts in theaters around now.

So what do we do make of Promised Land, a Matt Damon/John Krasinksi movie (yay!) that opens in January (oh dear)?

The Good:
Promised Land is more engaging – not to mention funnier – than a movie about fracking has a right to be. Damon plays a hotshot oil company exec (is there any other kind?), who's ready to move on to his big promotion, once he gets the locals in a small town to sign over drilling rights to their pristine land. (Seriously, the cinematography is glorious.)

Krasinski is the environmental activist who pops up to tell the townsfolk that Damon's fracking operation is nothing but trouble, and that starts with "t," which rhymes with "b" and that stands for "big oil."

The Bad:
Now that you know what's going on, try not to doze off. After Promised Land sets up all the players, it snoozes along, not saying or doing much for long stretches, until a twist ending that'll make you sprain your eyes from rolling them so hard.

Also, Rosemarie DeWitt and Frances McDormand, both incredible actresses, simply don't get much to do, playing a local teacher and Damon's colleague, respectively. The movie basically boils down to what it might be like to watch Damon and Krasinski talk politics over a couple of beers – which makes sense since they co-wrote the script.

The Verdict:
If you're a fan of either Damon or Krasinski, want to see a quiet movie about how beautiful America still is, or really, really want to know more about the effects of pressurized water below the Earth's crust, then Promised Land (in theaters now) could make for a pleasant evening. But anyone still coming off the cinematic highs of Zero Dark Thirty, Les Misérables, or, yes, even Django might want to sit this one out.

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FDA proposes sweeping new food safety rules

WASHINGTON (AP) — The Food and Drug Administration on Friday proposed the most sweeping food safety rules in decades, requiring farmers and food companies to be more vigilant in the wake of deadly outbreaks in peanuts, cantaloupe and leafy greens.

The long-overdue regulations could cost businesses close to half a billion dollars a year to implement, but are expected to reduce the estimated 3,000 deaths a year from foodborne illness. Just since last summer, outbreaks of listeria in cheese and salmonella in peanut butter, mangoes and cantaloupe have been linked to more than 400 illnesses and as many as seven deaths, according to the federal Centers for Disease Control and Prevention. The actual number of those sickened is likely much higher.

The FDA's proposed rules would require farmers to take new precautions against contamination, to include making sure workers' hands are washed, irrigation water is clean, and that animals stay out of fields. Food manufacturers will have to submit food safety plans to the government to show they are keeping their operations clean.

Many responsible food companies and farmers are already following the steps that the FDA would now require them to take. But officials say the requirements could have saved lives and prevented illnesses in several of the large-scale outbreaks that have hit the country in recent years.

In a 2011 outbreak of listeria in cantaloupe that claimed 33 lives, for example, FDA inspectors found pools of dirty water on the floor and old, dirty processing equipment at Jensen Farms in Colorado where the cantaloupes were grown. In a peanut butter outbreak this year linked to 42 salmonella illnesses, inspectors found samples of salmonella throughout Sunland Inc.'s peanut processing plant in New Mexico and multiple obvious safety problems, such as birds flying over uncovered trailers of peanuts and employees not washing their hands.

Under the new rules, companies would have to lay out plans for preventing those sorts of problems, monitor their own progress and explain to the FDA how they would correct them.

"The rules go very directly to preventing the types of outbreaks we have seen," said Michael Taylor, FDA's deputy commissioner for foods.

The FDA estimates the new rules could prevent almost 2 million illnesses annually, but it could be several years before the rules are actually preventing outbreaks. Taylor said it could take the agency another year to craft the rules after a four-month comment period, and farms would have at least two years to comply — meaning the farm rules are at least three years away from taking effect. Smaller farms would have even longer to comply.

The new rules, which come exactly two years to the day President Barack Obama's signed food safety legislation passed by Congress, were already delayed. The 2011 law required the agency to propose a first installment of the rules a year ago, but the Obama administration held them until after the election. Food safety advocates sued the administration to win their release.

The produce rule would mark the first time the FDA has had real authority to regulate food on farms. In an effort to stave off protests from farmers, the farm rules are tailored to apply only to certain fruits and vegetables that pose the greatest risk, like berries, melons, leafy greens and other foods that are usually eaten raw. A farm that produces green beans that will be canned and cooked, for example, would not be regulated.

Such flexibility, along with the growing realization that outbreaks are bad for business, has brought the produce industry and much of the rest of the food industry on board as Congress and FDA has worked to make food safer.

In a statement Friday, Pamela Bailey, president of the Grocery Manufacturers Association, which represents the country's biggest food companies, said the food safety law "can serve as a role model for what can be achieved when the private and public sectors work together to achieve a common goal."

The new rules could cost large farms $30,000 a year, according to the FDA. The agency did not break down the costs for individual processing plants, but said the rules could cost manufacturers up to $475 million annually.

FDA Commissioner Margaret Hamburg said the success of the rules will also depend on how much money Congress gives the chronically underfunded agency to put them in place. "Resources remain an ongoing concern," she said.

The farm and manufacturing rules are only one part of the food safety law. The bill also authorized more surprise inspections by the FDA and gave the agency additional powers to shut down food facilities. In addition, the law required stricter standards on imported foods. The agency said it will soon propose other overdue rules to ensure that importers verify overseas food is safe and to improve food safety audits overseas.

Food safety advocates frustrated over the last year as the rules stalled praised the proposed action.

"The new law should transform the FDA from an agency that tracks down outbreaks after the fact, to an agency focused on preventing food contamination in the first place," said Caroline Smith DeWaal of the Center for Science in the Public Interest.

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Asian shares drop on Fed minutes, dollar extends gain

TOKYO (Reuters) - Asian shares fell on Friday, tracking overnight weakness in global equities, but the dollar gained as U.S. debt yields rose after several Federal Reserve officials expressed concerns about continuing to expand stimulative bond buying.

Minutes from the Fed's December policy meeting released on Thursday showed some voting members of the Federal Open Market Committee were increasingly concerned about the potential risks of the Fed's asset purchases on financial markets, even if it look set to continue an open-ended stimulus program for now.

The Fed's asset buying policy has been a crucial factor underpinning investor risk appetite and supporting global equities, so the more hawkish Fed minutes unnerved financial markets on Thursday, driving benchmark U.S. Treasury yields up to a near eight-month high and weighing on equities and oil, while bolstering the dollar.

The dollar extended gains early in Asia on Friday, hitting its highest since July 2010 against the yen at 87.78 while the euro fell to a three-week low of $1.3022. The U.S. dollar <.dxy> hit a near four-week high against a basket of major currencies on Thursday.

"The minutes have added a fresh degree of uncertainty into the investment climate, which is likely to mean a steeper yield curve. But equity investors should take heart from the fact that the Fed's perception is qualified on an improving economy," Andrew Wilkinson, chief economic strategist at Miller Tabak & Co in New York, said in a note to clients.

MSCI's broadest index of Asia-Pacific shares outside Japan <.miapj0000pus> fell 0.4 percent, after scaling its highest since August 2011 on Thursday.

Australian shares <.axjo> slipped 0.5 percent, with investors pulling back after a sharp two-day rally which took shares to their highest in more than 19 months on Thursday.

"U.S. equities were due for a correction at any rate ... and the same is true of the KOSPI. Investors would do well to buy while shares are easing," Lee Seung-woo, an analyst at KDB Daewoo Securities, said of South Korean shares <.ks11>, which opened down 0.1 percent.

Japan's benchmark Nikkei stock average <.n225> opened sharply higher, up 2 percent, to its highest since March 2011 on the back of the tumbling yen. Japanese markets were closed from December 31 to January 3 for the new year's holidays. The Nikkei ended 2012 with the sharpest yearly gain since 2005. <.t/>

U.S. lawmakers earlier this week narrowly avoided falling off a "fiscal cliff" of automatic higher taxes and spending cuts, which had been set to kick in at the start of the year and threatened to derail the U.S. economy, providing an immediate boost for financial markets.

But U.S. President Barack Obama and congressional Republicans face tough talks on spending cuts and an increase in the nation's debt limit as the hard-fought deal to avert the fiscal cliff covered only taxes and delayed decisions on expenditures until March 1.

Investor sentiment was, on the other hand, supported by recent data showing activity in China's services sector and at U.S. factories expanded in December, which brightened the outlook for global growth.

The U.S. jobs market remained on a recovery track, with data on Thursday showing U.S. private-sector employers shrugged off the budget wrangling and stepped up hiring in December, heightening hopes for a strong nonfarm payrolls report due later on Friday.

The U.S. economy likely added 150,000 jobs in December, according to a Reuters survey of economists, up from 146,000 in November. The unemployment rate is expected to hold steady at 7.7 percent.

Resolution of the U.S. fiscal cliff crisis could spell trouble for some Asian assets that are coming off a stellar 2012 as investors could start to shift some money out of overpriced Asian investments in favour of the U.S. on a view that the fiscal deal manages to avert a U.S. recession and so boosts the prospects for American stocks.

U.S. crude inched down 0.2 percent to $82.78 a barrel.

(Additional reporting by Somang Yang in Seoul; Editing by Eric Meijer)

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Attacks in Iraq Kill at Least 32 Pilgrims

BAGHDAD — Attackers killed at least 32 pilgrims in Iraq on Thursday, the police said, in what appeared to be a spate of sectarian-motivated violence as the country continued to struggle with a political crisis in its fractured government.

At the culmination of one of Shiite Islam’s holiest rituals, at least 28 people were killed and 35 were wounded when a car bomb exploded in central Musayyib, a police official in Babil Province said. The apparent targets were pilgrims returning from the holy city of Karbala, where Shiites observe the end of the 40-day annual mourning period for the death of Imam Hussein ibn Ali, a grandson of the Prophet Muhammad.

In another attack in southeast Baghdad, a roadside bomb exploded as a minibus carrying Shiite pilgrims passed, killing 4 people and wounding 15, the police said.

The Shiite pilgrimage to commemorate the imam’s death, banned while Saddam Hussein ruled Iraq, has flourished since the American-led invasion overthrew him in 2003. Millions travel to Karbala, where the imam is buried, or to neighboring areas each year. Attacks on the pilgrims reflect some of the sectarian frictions that have plagued Iraq in recent years. At least 27 people were killed in 2010; about 52 in 2011; and 53 in 2012 in attacks related to the pilgrimage.

Tensions have mounted in recent weeks with demonstrations in Sunni-dominated areas against the Shiite-dominated government of Prime Minister Nuri Kamal al-Maliki. On Thursday, protesters in Ramadi continued to block some main trade routes leading to Syria and Jordan, and there were demonstrations in Salahuddin and Kirkuk as well.

Some progress may have been achieved this week on one of the demonstrators’ demands. A Justice Ministry official said Thursday that a committee instructed by Mr. Maliki to investigate the cases of female prisoners announced that 11 of them would be released, in addition to 2 teenagers. Other female prisoners will be transferred to locations in their home provinces.

It was not clear whether the steps would do much to calm tempers inflamed after a raid last month by security forces on the office and home of the Sunni finance minister, Rafie al-Issawi, and the arrest of 10 bodyguards, fueling accusations that Mr. Maliki was moving to monopolize power and sideline his political opponents before provincial elections scheduled for the spring.

Sadoun Obeid al-Shalan, the deputy chairman of the provincial council in Anbar, where most of the protests have been held, said that three of the released detainees were from that province. “The protesters have welcomed the initiative and demanded the release of the others,” he said.

Mr. Maliki, who appeared on state television on Thursday marching alongside some of the Shiite pilgrims, told demonstrators this week to stop their protests or face government action, saying they had been exploited by various groups for their own interests to the detriment of national unity. His critics, including the Shiite leader Moktada al-Sadr, have said that Mr. Maliki alone is responsible for provoking the unrest.

The speaker of Iraq’s Parliament, Osama al-Nujaifi, lashed out in a statement on Thursday against what he called Mr. Maliki’s threats, saying that “the people” were Iraq’s highest authority after the end of the former government.

Yasir Ghazi reported from Baghdad, and Christine Hauser from New York.

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6 takeaways from Google’s antitrust settlement with US regulators

Google Inc. has settled an U.S. antitrust probe that largely leaves its search practices alone. In a major win for Google, the Federal Trade Commission unanimously concluded that there is not enough evidence to support complaints from rivals that the company shows unfair bias in its search results toward its own products.

Below are six of the biggest takeaways from the decision announced Thursday:

— Google promised to license hundreds of important mobile device patents to rivals that make gadgets such as smartphones, tablets and gaming devices, on “fair, reasonable and non-discriminatory terms,” the FTC said. Google got the patents as part of its $ 12.4 billion purchase of Motorola Mobility last year. The patents cover wireless connectivity and other Internet technologies.

— Upon receiving a request to do so, the online search leader pledged to stop using snippets of content from other websites, such as the reviews site Yelp Inc., in its search results. It had already scaled back this practice before the FTC settlement after a complaint from Yelp that triggered the FTC probe. Under the agreement, specialty websites such as those on shopping and travel can request that Google stop including such snippets in the search results, while still providing links to those websites.

— Google pledged to adjust its online advertising system so marketing campaigns can be more easily managed on rival networks. Some FTC officials had worried that Google’s existing service terms with advertisers make that difficult.

— The FTC’s unanimous conclusion that Google does not practice unfair “search bias” to promote its own properties against competitors is a major victory for the online search leader. It means it won’t have to change its search formula, considered to be the company’s crown jewel.

— Not everyone was happy with the results. FairSearch, a group whose members include rival Microsoft Corp., said the FTC’s “inaction on the core question of search bias will only embolden Google to act more aggressively to misuse its monopoly power to harm other innovators.”

— Next up, European regulators are expected to wrap up a similar investigation of Google’s business practices in the coming weeks.

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George Lucas Engaged to Good Morning America Contributor

01/03/2013 at 07:35 PM EST

George Lucas is following the Force – right down the aisle.

The Star Wars director, 68, is engaged to DreamWorks animation chairman Mellody Hobson, a rep for Lucasfilm confirmed to The Hollywood Reporter on Thursday.

Hobson, 43, has been dating Lucas since 2006. This will be her first marriage and Lucas's second; he previously was married to film editor Marcia Lou Griffin. The exes adopted a daughter Amanda before their 1983 divorce. Lucas went on to adopt two more children.

Lucas's fiancée is aso financial contributor to Good Morning America and has received many honors, including a 2002 listing as one of Esquire magazine's "Best and Brightest" in America.

Lucas has made headlines of his own, recently donating to an education foundation much of the $4 billion from his sale of Lucasfilm to Disney.

According to THR, Lucas said at the time, "As I start a new chapter in my life, it is gratifying that I have the opportunity to devote more time and resources to philanthropy."

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CDC: 1 in 24 admit nodding off while driving

NEW YORK (AP) — This could give you nightmares: 1 in 24 U.S. adults say they recently fell asleep while driving.

And health officials behind the study think the number is probably higher. That's because some people don't realize it when they nod off for a second or two behind the wheel.

"If I'm on the road, I'd be a little worried about the other drivers," said the study's lead author, Anne Wheaton of the Centers for Disease Control and Prevention.

In the CDC study released Thursday, about 4 percent of U.S. adults said they nodded off or fell asleep at least once while driving in the previous month. Some earlier studies reached a similar conclusion, but the CDC telephone survey of 147,000 adults was far larger. It was conducted in 19 states and the District of Columbia in 2009 and 2010.

CDC researchers found drowsy driving was more common in men, people ages 25 to 34, those who averaged less than six hours of sleep each night, and — for some unexplained reason — Texans.

Wheaton said it's possible the Texas survey sample included larger numbers of sleep-deprived young adults or apnea-suffering overweight people.

Most of the CDC findings are not surprising to those who study this problem.

"A lot of people are getting insufficient sleep," said Dr. Gregory Belenky, director of Washington State University's Sleep and Performance Research Center in Spokane.

The government estimates that about 3 percent of fatal traffic crashes involve drowsy drivers, but other estimates have put that number as high as 33 percent.

Warning signs of drowsy driving: Feeling very tired, not remembering the last mile or two, or drifting onto rumble strips on the side of the road. That signals a driver should get off the road and rest, Wheaton said.

Even a brief moment nodding off can be extremely dangerous, she noted. At 60 mph, a single second translates to speeding along for 88 feet — the length of two school buses.

To prevent drowsy driving, health officials recommend getting 7 to 9 hours of sleep each night, treating any sleep disorders and not drinking alcohol before getting behind the wheel.

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

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Wall Street starts new year with a bang after "cliff" deal

NEW YORK (Reuters) - Stocks kicked off the new year with their best day in over a year on Wednesday, sparked by relief over a last-minute deal in Washington to avert the "fiscal cliff" of tax hikes and spending cuts that threatened to derail the economy's growth.

In 2013's first trading session, the S&P 500 achieved its biggest one-day gain since December 20, 2011, pushing the benchmark index to its highest close since September 14.

Concerns over Washington's ability to sidestep the cliff had driven the S&P 500 down for five straight sessions, before signs that a resolution was near sent the benchmark index higher on the final trading session of 2012.

The CBOE Volatility Index or the VIX <.vix>, Wall Street's favorite gauge of investor anxiety, dropped 18.5 percent to 14.68 at the close. The VIX has fallen 35.4 percent over the past two sessions, the biggest 2-day percentage drop in the history of the index.

The Dow Jones industrial average <.dji> jumped 308.41 points, or 2.35 percent, to 13,412.55 at the close. The Standard & Poor's 500 Index <.spx> gained 36.23 points, or 2.54 percent, to finish at 1,462.42. The Nasdaq Composite Index <.ixic> climbed 92.75 points, or 3.07 percent, to end at 3,112.26.

U.S. markets were closed on Tuesday for New Year's Day.

Market breadth reflected the strong rally, with 10 stocks rising for every one that fell on the New York Stock Exchange. All 10 of the S&P 500 industry sector indexes gained at least 1 percent. The S&P financial index <.gspf> shot up 2.9 percent.

The S&P Information Technology index <.gspt> gained 3.2 percent, including Hewlett-Packard , which climbed 5.4 percent to $15.02. HP's gain followed a miserable 2012 when the stock fell nearly 45 percent as one of the S&P 500's worst performers for 2012.

On Tuesday, Congress passed a bill to prevent huge tax hikes and delay spending cuts that would have pushed the world's largest economy off a "fiscal cliff" and possibly into recession.

The vote avoided steep income-tax increases for a majority of Americans, but failed to resolve a major showdown over cutting the budget deficit, leaving investors and businesses with only limited clarity about the outlook for the economy. Spending cuts of $109 billion in military and domestic programs were temporarily delayed, and another fight over raising the U.S. debt limit also looms.

"We got through the fiscal cliff. The next big thing, and probably more contentious thing, is negotiating the debt ceiling and possibly entitlement reform in early 2013," said Jim Russell, senior equity strategist for U.S. Bank Wealth Management in Cincinnati.

Hard choices about budget cuts and the critical need to raise the debt ceiling will confront Congress about the same time in two months "so the fur will be flying," Russell said.

U.S. stocks ended 2012 with the S&P 500 up 13.4 percent for the year, as investors largely shrugged off worries about the fiscal cliff. For the year, the Dow gained 7.3 percent and the Nasdaq jumped 15.9 percent.

Bank shares rose following news that U.S. regulators are close to securing another multibillion-dollar settlement with the largest banks to resolve allegations that they unlawfully cut corners when foreclosing on delinquent borrowers.

Bank of America Corp rose 3.7 percent to $12.03 and Citigroup Inc gained 4.3 percent to $41.25. The KBW bank index <.bkx> rose 3.2 percent.

Shares of Zipcar Inc surged 47.8 percent to $12.18 after Avis Budget Group Inc said it would buy Zipcar for about $500 million in cash to compete with larger rivals Hertz and Enterprise Holdings Inc. Avis advanced 4.8 percent to $20.77.

Shares of Apple rose 3.2 percent to $549.03, helping to lift the S&P information technology index <.gspt> up 3.2 percent following a report that the most valuable tech company has started testing a new iPhone and a new version of its iOS software.

Economic data from the Institute for Supply Management showed U.S. manufacturing ended 2012 on an upswing despite fears about the fiscal cliff, but the Commerce Department reported that construction spending fell in November for the first time in eight months.

Volume was heavy, with about 7.8 billion shares traded on the New York Stock Exchange, the NYSE MKT and the Nasdaq, well above the 2012 daily average of 6.42 billion.

(Reporting by Chuck Mikolajczak; Editing by Jan Paschal)

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World Briefing | Africa: South Africa: Government Says Mandela Is Recovering

The recovery of President Nelson Mandela, the former president of South Africa, is “on track” at his home, the government said Wednesday in its first statement since Mr. Mandela was released from a hospital a week ago. Mr. Mandela, 94, spent nearly three weeks in the hospital in December for treatment of a lung infection and surgery to remove gallstones, his longest stay for medical care since his release from prison in 1990. “We are now in the phase where if we do not hear from his doctors, we assume he is all right,” a spokesman said.

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HTC rumored to debut flagship ‘M7′ smartphone at CES

HTC (2498) will reportedly unveil a new flagship smartphone code-named “M7″ at the Consumer Electronics Show next week. The rumor comes to us from XDA-Developers forum member “Football,” who reported accurate information about unreleased HTC devices in the past. The phone is believed to the be the successor to the One X and could be equipped with a 4.7-inch full HD 1920 x 1080-pixel display, a 1.7GHz quad-core Snapdragon processor, a 13-megapixel rear camera, LTE and HSPA+ connectivity, Beats Audio, 2GB of RAM, 32GB of internal memory and a 2,300 mAh battery. The M7 is also said to be HTC’s first smartphone to utilize on-screen navigation keys in place of traditional hardware buttons. 

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

The problem for HTC in the past has been the company’s ability to market its high-end devices to consumers. Despite class-leading features and hardware, HTC’s smartphone sales have stalled in the past year and the company has continued to lose market share. It will be interesting to see if it can turn things around in 2013.

[More from BGR: Microsoft lashes out at Google’s decision to spurn Windows Phone]

The Consumer Electronics Show is scheduled to take place from January 8th to January 11th in Las Vegas, Nevada.

This article was originally published by BGR

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Jennie Garth Wants to Date a Man with 'Positive Energy'

01/02/2013 at 07:10 PM EST

When it comes to her current love life, Jennie Garth has a new mantra.

"I'm learning to date again," the actress, who split from husband Peter Facinelli in March 2012, tells Health in its January issue, "[and] looks aren't important to me anymore. ... I like positive energy."

The actress, who dropped 30 lbs. last year, plans to keep her health a priority in 2013.

"Every day, I just renew my healthy choices," she says. "I feel really good about myself now, and I don't want to do anything to change that."

That means avoiding trendy diets or weight-loss gimmicks.

"My biggest regret is putting my body through fad diets: Atkins, cleanses, the hCG diet," Garth, 40, says. "I lost like 18 lbs., but it came right back. The worst was fasting with colonics for three or four days. It was the most horrifying experience ever."

In addition to her body, Garth says she's trying to maintain a positive outlook, even when times are tough.

"When I'm in excruciating pain, like with what I've been through with my breakup and that grief and loss that's just immobilizing, it helps to remember that it only lasts for 13 to 15 minutes, max," she tells Health. "And then it's over."

"Your mind is ready to go to something else," Garth continues. "You might come back to it, but it helps to just know that that pain is not going to last forever."

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Brain image study: Fructose may spur overeating

This is your brain on sugar — for real. Scientists have used imaging tests to show for the first time that fructose, a sugar that saturates the American diet, can trigger brain changes that may lead to overeating.

After drinking a fructose beverage, the brain doesn't register the feeling of being full as it does when simple glucose is consumed, researchers found.

It's a small study and does not prove that fructose or its relative, high-fructose corn syrup, can cause obesity, but experts say it adds evidence they may play a role. These sugars often are added to processed foods and beverages, and consumption has risen dramatically since the 1970s along with obesity. A third of U.S. children and teens and more than two-thirds of adults are obese or overweight.

All sugars are not equal — even though they contain the same amount of calories — because they are metabolized differently in the body. Table sugar is sucrose, which is half fructose, half glucose. High-fructose corn syrup is 55 percent fructose and 45 percent glucose. Some nutrition experts say this sweetener may pose special risks, but others and the industry reject that claim. And doctors say we eat too much sugar in all forms.

For the study, scientists used magnetic resonance imaging, or MRI, scans to track blood flow in the brain in 20 young, normal-weight people before and after they had drinks containing glucose or fructose in two sessions several weeks apart.

Scans showed that drinking glucose "turns off or suppresses the activity of areas of the brain that are critical for reward and desire for food," said one study leader, Yale University endocrinologist Dr. Robert Sherwin. With fructose, "we don't see those changes," he said. "As a result, the desire to eat continues — it isn't turned off."

What's convincing, said Dr. Jonathan Purnell, an endocrinologist at Oregon Health & Science University, is that the imaging results mirrored how hungry the people said they felt, as well as what earlier studies found in animals.

"It implies that fructose, at least with regards to promoting food intake and weight gain, is a bad actor compared to glucose," said Purnell. He wrote a commentary that appears with the federally funded study in Wednesday's Journal of the American Medical Association.

Researchers now are testing obese people to see if they react the same way to fructose and glucose as the normal-weight people in this study did.

What to do? Cook more at home and limit processed foods containing fructose and high-fructose corn syrup, Purnell suggested. "Try to avoid the sugar-sweetened beverages. It doesn't mean you can't ever have them," but control their size and how often they are consumed, he said.

A second study in the journal suggests that only severe obesity carries a high death risk — and that a few extra pounds might even provide a survival advantage. However, independent experts say the methods are too flawed to make those claims.

The study comes from a federal researcher who drew controversy in 2005 with a report that found thin and normal-weight people had a slightly higher risk of death than those who were overweight. Many experts criticized that work, saying the researcher — Katherine Flegal of the Centers for Disease Control and Prevention — painted a misleading picture by including smokers and people with health problems ranging from cancer to heart disease. Those people tend to weigh less and therefore make pudgy people look healthy by comparison.

Flegal's new analysis bolsters her original one, by assessing nearly 100 other studies covering almost 2.9 million people around the world. She again concludes that very obese people had the highest risk of death but that overweight people had a 6 percent lower mortality rate than thinner people. She also concludes that mildly obese people had a death risk similar to that of normal-weight people.

Critics again have focused on her methods. This time, she included people too thin to fit what some consider to be normal weight, which could have taken in people emaciated by cancer or other diseases, as well as smokers with elevated risks of heart disease and cancer.

"Some portion of those thin people are actually sick, and sick people tend to die sooner," said Donald Berry, a biostatistician at the University of Texas MD Anderson Cancer Center in Houston.

The problems created by the study's inclusion of smokers and people with pre-existing illness "cannot be ignored," said Susan Gapstur, vice president of epidemiology for the American Cancer Society.

A third critic, Dr. Walter Willett of the Harvard School of Public Health, was blunter: "This is an even greater pile of rubbish" than the 2005 study, he said. Willett and others have done research since the 2005 study that found higher death risks from being overweight or obese.

Flegal defended her work. She noted that she used standard categories for weight classes. She said statistical adjustments were made for smokers, who were included to give a more real-world sample. She also said study participants were not in hospitals or hospices, making it unlikely that large numbers of sick people skewed the results.

"We still have to learn about obesity, including how best to measure it," Flegal's boss, CDC Director Dr. Thomas Frieden, said in a written statement. "However, it's clear that being obese is not healthy - it increases the risk of diabetes, heart disease, cancer, and many other health problems. Small, sustainable increases in physical activity and improvements in nutrition can lead to significant health improvements."

___

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Obesity info: http://www.cdc.gov/obesity/data/trends.html

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Asia holds breath as U.S. fiscal talks go to the wire

SYDNEY (Reuters) - Markets were eerily quiet in Asia as trade resumed on Wednesday with investors anxiously waiting to see if the U.S. Congress could strike a last-minute deal to avoid triggering tax rises and spending cuts that could threaten the global economy.

The U.S. Senate early on Tuesday passed a bill that aims to avoid the "fiscal cliff" of $600 billion in automatic spending cuts and tax increases.

However, the package immediately ran into opposition from House Republicans, who were meeting to decide whether to reject or amend the bill .

"Frankly, we don't know what to make of it all. It's like a circus there," said one exasperated forex dealer at an Australian bank in Sydney.

"The markets have always assumed they would eventually strike a deal that would avoid the worst affects of the fiscal cliff, but it's getting harder and harder to stay optimistic."

He suspected equity markets would be on the defensive as they opened, with safe-haven bonds in demand. Getting a read on trends was tricky as U.S. Treasuries and stock futures were yet to trade, while Tokyo was off on holiday.

Currencies were trading, but the only major move was further weakness in the Japanese yen as investors wagered the Bank of Japan would have to take ever more aggressive easing steps to support the economy and satisfy the new government.

The dollar held firm on the yen at 86.75 yen, having touched its highest level since August 2010. The Japanese currency also dropped to depths not seen in over four years against the Australian and New Zealand dollars.

The euro was a shade firmer against the U.S. dollar at $1.3216, but turnover was extremely thin.

Spot gold was little changed at $1,674 an ounce, while oil futures dipped 20 cents to $91.62.

(Reporting by Wayne Cole; Editing by Eric Meijer)

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With a Mall Boom in Russia, Property Investors Go Shopping

MOSCOW — Shoppers who find that 250 stores aren’t enough can go ice skating, watch movies or even ride a carousel, all under a single roof.

While it sounds like the Mall of America, this mall is outside Moscow, not Minneapolis.

“I feel like I’m in Disneyland,” Vartyan E. Sarkisov, a shopper toting an Adidas bag, said recently while making the rounds of the Mega Belaya Dacha mall.

Instead of bread lines, Russia is known these days for malls. They are booming businesses, drawing investments from sovereign wealth funds and Wall Street banks, most recently Morgan Stanley, which paid $1.1 billion a year ago for a single mall in St. Petersburg.

One mall, called Vegas, rose out of a cucumber field on the edge of Moscow and became, its owners say, larger than the Mall of America if the American mall’s seven-acre amusement park is not counted in the calculation of floor space.

A few offramps away on the Moscow beltway, another mall scored a different kind of victory: the Mega Tyoply Stan shopping center drew 57 million visitors at its peak in 2007, well ahead of the 40 million annual visits reported by the Mall of America.

As American malls dodder into old age, gaptoothed with vacancies, Russia’s shopping centers are just now blossoming into their boom years, nourished by oil exports that are lifting wages.

“It’s 1982 all over again in Russia,” said Lee Timmins, the country representative of Hines, a Texas-based real estate group that is opening three outlet malls in Russia, referring to the heyday of the American mall experience. Russians, he said, love malls.

The mall boom illustrates an extraordinarily important theme in Russian economics these days. The growing crowds at malls, and the keen interest in Russian malls on the part of Wall Street banks, are signs that the emerging middle class that made up the street protests against Vladimir V. Putin in Moscow last winter is becoming a force in business as well as politics.

Investors, who with money at stake are a bellwether of the new trends, are not waiting for the next round of protests; they are already placing bets on the rise of a broad affluent class in Russia.

“Over the past 10 years, Russia has turned into a middle-class country,” Charles Slater, a retail analyst at Cushman & Wakefield, a commercial real estate consulting firm, said in an interview. “What better to do than go to an enclosed, warm environment with many things on offer, whether that be bowling, cinema or food courts, things the customers have not been used to in the past?”

Moscow now has 82 malls, including two of the largest in Europe, according to the International Council of Shopping Centers, a New York-based trade association. Both are owned by Ikea Shopping Centers Russia, the branch of the Swedish assemble-it-yourself furniture franchise that manages 14 malls here. In Russia, malls are still novel; the first Western-style suburban mall opened in 2000. They are now changing hands as developers sell to institutional investors, like Morgan Stanley, shedding light for the first time on their eye-popping values.

At the core of the attraction for investors is the rising disposable income of Russians, nudged along by policies favoring the middle class, lest their challenge to President Putin’s rule intensify.

Russia has a flat 13 percent income tax rate. Most Russians own their homes, a legacy of post-Soviet privatizations, and so pay no mortgage or rent. Health care is socialized.

Not surprisingly, then, Russians have become fanatical shoppers. Russians spend 60 percent of their pretax income on retail purchases, a category that includes food, according to Jones Lang LaSalle, a real estate consulting firm. The country in second place in Europe is Sweden, where retailing accounts for 40 percent of total private spending. Germans, by comparison, spend 28 percent of their salaries shopping, according to Jones Lang LaSalle.

Malls, where the secrets of Western capitalism were finally peeled open and laid bare, with fast food, clothes, ice rinks, electronics and appliances wherever the eye falls, have mesmerized shoppers here — much as they did in their early years in the United States, from the 1960s to the 1980s.

Olga N. Zaitsova, 55, who was in the Mega Belaya Dacha mall with her granddaughter Anastasia, said she came every weekend, drawn by the warm play area for toddlers. “It’s just not comfortable to be outside when it’s so cold,” she said.

When she shops, she said, “now we buy things we want, not things we need.”

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9 Apps to Fast-Track Your New Years’ Resolutions

Whether your goal in 2013 is to lose five pounds, manage your finances, or spend more time with friends and family, there are a growing number of apps that fall into the self-help category and can assist you in accomplishing these resolutions.

At Mashable we’ve tested a lot of them out, but we’re still always hearing about new ones. There are a ton of fitness and health apps to chose from, but you might be pleasantly surprised to know they’re not all about weight loss. A device and app called Tinke monitors your stress levels and how deeply you’re breathing. An app called Fig will remind you to drink more water, skip fried foods and take breaks at work to keep you feeling good. Arianna Huffington also released an app called, “GPS for the Soul” that focuses on wellbeing.

[More from Mashable: Time Machine App Transports You Back to 2012]

Other apps can help you organize your social life, make new friends or save money for a vacation.

We’ve compiled a list of apps that can help you accomplish all sorts of goals this year. Check it out and let us know if we missed any that you plan on using in 2013.

[More from Mashable: It’s Easy to Save Videos From Facebook Poke Permanently]

OurGroceries

If you’re trying to eat out less and cook at home more often, make sure you always have a current grocery list at your fingertips. Mashable wrote about several grocery list apps this year. The standout seems to be OurGroceries for Android and iOS. If you have roommates or a significant other, everyone can download the app and sync lists. That way if you’re making a quick after-work trip to the grocery store you’ll not only be able to see the items you added, but also see what they’ve added, too.

Click here to view this gallery.

Photo courtesy of iStockphoto, hocus-focus

This story originally published on Mashable here.

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Jessica Simpson and Kendall & Kylie Jenner Make Readers Smile - and Frown

01/01/2013 at 07:00 PM EST

Splash News Online; Michael Simon/Startraks

What's on the minds of PEOPLE readers this week? We love getting your feedback, and as always, you weighed in – even while celebrating during the holidays – with plenty of reactions to all of our stories.

From Kelly Osbourne's dramatic weight loss to Jessica Simpson's happy baby news to the tragic death of hero surfer Dylan Smith in Puerto Rico, readers responded to what made them happy, what made them laugh out loud and what made them sad this week.

Check out the articles with the top reactions on the site this week, and keep clicking on the emoticons at the bottom of every story to tell us what you think!

Kelly Osbourne says loving herself was the key to her 60-lb. weight loss. She had to get to a place where she respected herself enough to take care of her health – and she emerged a fierce style star who is not afraid to rock a bikini.

Jessica Simpson became a new mom just 8 months ago – so the news that she's expecting baby No. 2 with fiancé Eric Johnson made readers say, "Wow!"

Reality stars Kendall and Kylie Jenner showed off expensive Christmas gifts on Instagram, and their pricey public display turned many readers off. From a pair of Louboutin spike heels to Balenciaga boots with a more than $1,000 price tag, the teens cleaned up with lavish presents that most could only dream about.

Dylan Smith captured our hearts with his heroic efforts during Superstorm Sandy, saving six people on his surfboard. But the Queens, N.Y., lifeguard, 23, who was named one of PEOPLE's Heroes of the Year, drowned on Dec. 24 in a surfing accident off Puerto Rico.

Does the idea of Tom Cruise dating a new woman make you laugh? Maybe. A story that falsely linked the actor romantically to a 26-year-old restaurant manager, had readers clicking LOL. Or maybe the funny part was this quote from a source, who told told PEOPLE: "He's single and will be talking to women – all of whom he won't be instantly dating."

Check back next week for another must-read roundup, and see what readers are reacting to every day here.

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Brain image study: Fructose may spur overeating

This is your brain on sugar — for real. Scientists have used imaging tests to show for the first time that fructose, a sugar that saturates the American diet, can trigger brain changes that may lead to overeating.

After drinking a fructose beverage, the brain doesn't register the feeling of being full as it does when simple glucose is consumed, researchers found.

It's a small study and does not prove that fructose or its relative, high-fructose corn syrup, can cause obesity, but experts say it adds evidence they may play a role. These sugars often are added to processed foods and beverages, and consumption has risen dramatically since the 1970s along with obesity. A third of U.S. children and teens and more than two-thirds of adults are obese or overweight.

All sugars are not equal — even though they contain the same amount of calories — because they are metabolized differently in the body. Table sugar is sucrose, which is half fructose, half glucose. High-fructose corn syrup is 55 percent fructose and 45 percent glucose. Some nutrition experts say this sweetener may pose special risks, but others and the industry reject that claim. And doctors say we eat too much sugar in all forms.

For the study, scientists used magnetic resonance imaging, or MRI, scans to track blood flow in the brain in 20 young, normal-weight people before and after they had drinks containing glucose or fructose in two sessions several weeks apart.

Scans showed that drinking glucose "turns off or suppresses the activity of areas of the brain that are critical for reward and desire for food," said one study leader, Yale University endocrinologist Dr. Robert Sherwin. With fructose, "we don't see those changes," he said. "As a result, the desire to eat continues — it isn't turned off."

What's convincing, said Dr. Jonathan Purnell, an endocrinologist at Oregon Health & Science University, is that the imaging results mirrored how hungry the people said they felt, as well as what earlier studies found in animals.

"It implies that fructose, at least with regards to promoting food intake and weight gain, is a bad actor compared to glucose," said Purnell. He wrote a commentary that appears with the federally funded study in Wednesday's Journal of the American Medical Association.

Researchers now are testing obese people to see if they react the same way to fructose and glucose as the normal-weight people in this study did.

What to do? Cook more at home and limit processed foods containing fructose and high-fructose corn syrup, Purnell suggested. "Try to avoid the sugar-sweetened beverages. It doesn't mean you can't ever have them," but control their size and how often they are consumed, he said.

A second study in the journal suggests that only severe obesity carries a high death risk — and that a few extra pounds might even provide a survival advantage. However, independent experts say the methods are too flawed to make those claims.

The study comes from a federal researcher who drew controversy in 2005 with a report that found thin and normal-weight people had a slightly higher risk of death than those who were overweight. Many experts criticized that work, saying the researcher — Katherine Flegal of the Centers for Disease Control and Prevention — painted a misleading picture by including smokers and people with health problems ranging from cancer to heart disease. Those people tend to weigh less and therefore make pudgy people look healthy by comparison.

Flegal's new analysis bolsters her original one, by assessing nearly 100 other studies covering almost 2.9 million people around the world. She again concludes that very obese people had the highest risk of death but that overweight people had a 6 percent lower mortality rate than thinner people. She also concludes that mildly obese people had a death risk similar to that of normal-weight people.

Critics again have focused on her methods. This time, she included people too thin to fit what some consider to be normal weight, which could have taken in people emaciated by cancer or other diseases, as well as smokers with elevated risks of heart disease and cancer.

"Some portion of those thin people are actually sick, and sick people tend to die sooner," said Donald Berry, a biostatistician at the University of Texas MD Anderson Cancer Center in Houston.

The problems created by the study's inclusion of smokers and people with pre-existing illness "cannot be ignored," said Susan Gapstur, vice president of epidemiology for the American Cancer Society.

A third critic, Dr. Walter Willett of the Harvard School of Public Health, was blunter: "This is an even greater pile of rubbish" than the 2005 study, he said. Willett and others have done research since the 2005 study that found higher death risks from being overweight or obese.

Flegal defended her work. She noted that she used standard categories for weight classes. She said statistical adjustments were made for smokers, who were included to give a more real-world sample. She also said study participants were not in hospitals or hospices, making it unlikely that large numbers of sick people skewed the results.

"We still have to learn about obesity, including how best to measure it," Flegal's boss, CDC Director Dr. Thomas Frieden, said in a written statement. "However, it's clear that being obese is not healthy - it increases the risk of diabetes, heart disease, cancer, and many other health problems. Small, sustainable increases in physical activity and improvements in nutrition can lead to significant health improvements."

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Online:

Obesity info: http://www.cdc.gov/obesity/data/trends.html

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Marilynn Marchione can be followed at http://twitter.com/MMarchioneAP

Mike Stobbe can be followed at http://twitter.com/MikeStobbe

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