Germany rejects Swiss tax deal

23 November 2012 Last updated at 11:29 ET

Germany’s upper house of parliament has rejected a deal with Switzerland to tax German assets held in Swiss bank accounts.

The deal would have allowed Germans with undeclared assets in Switzerland to avoid punishment by making a one-off payment of between 21% and 41% of the value of their assets.

The deal had been negotiated in April and was due to take effect in January.

But it needed to be ratified by both parliaments.

The rejection by the German upper house, the Bundesrat, prolongs the dispute between the two countries over how to deal with the estimated 180-200bn euros (£145-160bn) of German assets hidden in Switzerland.

German Finance Minister Wolfgang Schaeuble had called for support for the deal, saying: “The agreement tries to find a better solution for a situation which is unsatisfactory.”

But Norbert Walter-Borjans, of the main opposition Social Democrats, told the Bundesrat it was a deal which made “honest taxpayers feel like fools”.

Swiss Finance Minister Eveline Widmer-Schlumpf said her government remained “committed to a successful ratification”.

And the Swiss Bankers Association said in a statement: “The German upper house has missed a major opportunity to reach a fair, optimum and sustainable solution for all parties to definitively settle the bilateral tax issues.”

BBC News – Business

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Police mull action over false Twitter abuse claims

LONDON (Reuters) – Britons who posted remarks on Twitter and in blogs wrongly identifying a senior Conservative politician as a child sex abuser might face prosecution after police said on Wednesday they were looking to see if any crimes had been committed.

Lord Alistair McAlpine, an ally of former Prime Minister Margaret Thatcher, was widely named on social media sites as being the unidentified politician accused in a report by the BBC’s Newsnight program of abusing boys in social care.

McAlpine, who is 70 and in poor health, vigorously denied the claims and the abuse victim central to the BBC story later confirmed that the peer was not one of his attackers.

London’s Metropolitan Police said no criminal allegations had yet been made but that detectives would be meeting with McAlpine to begin assessing whether action should be taken.

Under the Malicious Communications Act, people can be prosecuted for sending any electronic communication or article which conveys a grossly offensive message or information which is false and believed to be false by the sender.

“It is far too early to say whether any criminal investigation will follow,” the police said in a statement.

The intervention comes as lawyers for McAlpine continued legal action against those who “sullied” his reputation.

The BBC has already agreed to pay 185,000 pounds ($ 294,400)over the Newsnight report, and his lawyers have also contacted ITV after a presenter on a chat show brandished a list of alleged abusers during an interview with Prime Minister David Cameron.

McAlpine has also threatened to go after Twitter users, and media reports said his legal team had identified up to 10,000 defamatory tweets.

Sally Bercow, flamboyant wife of Britain’s parliamentary speaker, the man who keeps lawmakers in order during debates, is one of those who could face legal action.

Other Twitter users have been asked to come forward, apologize and make a “sensible and modest” donation to charity as compensation, at a level yet to be decided.

“Given the large amount of information that continues to be disseminated, the band for which the charity payment will be settled shall be when Lord McAlpine has a full understanding of this material,” his lawyers said in a statement.

“The donation is intended for tweeters with fewer than 500 followers, but those with larger numbers of followers are still encouraged to identify themselves and offer their formal apologies at this stage.”

(Reporting by Michael Holden; editing by Steve Addison)

Internet News Headlines – Yahoo! News

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“Big Bang Theory” star Mayim Bialik tweets pre-Thanksgiving divorce plans

LOS ANGELES (TheWrap.com) – Things are bound to be a little tense around the dinner table at Mayim Bialik‘s house this Thanksgiving.

Bialik is divorcing her husband of nine years, Mike Stone, the “Big Bang Theory” star announced via her twitter account Wednesday.

The actress, 36, tweeted a link to a blog post about the split with the message, “I’m beating the tabloids to it and posting this Divorce Statement.”

The post itself says that the pair decided to divorce “after much consideration and soul-searching,” and cites irreconcilable differences as the reason for the breakup.

Bialik and Stone have two sons, 7-year-old Miles and 4-year-old Frederick, together.

“Divorce is terribly sad, painful and incomprehensible for children. It is not something we have decided lightly,” Bialik wrote in her blog post. “The hands-on style of parenting we practice played no role in the changes that led to this decision; relationships are complicated no matter what style of parenting you choose.”

The actress added, “Our sons deserve parents committed to their growth and health and that’s what we are focusing on.”

Bialik’s post concludes, “We will be ok.”

Celebrity News Headlines – Yahoo! News

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First Person: Unemployed, Disabled and Hungry for Work

Five million Americans are among the long-term unemployed–those without a job for 27 weeks or longer–according to the Bureau of Labor Statistics. Another 7.3 million are looking for work, while the unemployment rate sits at 7.9 percent. Numbers aside, individual stories illustrate how America is affected. To see how joblessness hits home, Yahoo News asked unemployed workers to share their job-hunting stories. Here’s one.

FIRST PERSON | I am 40 and live in Racine, Wis. I have been unemployed since I was 33. I try to find work, but I’ve been disabled since 27, and I do not collect Social Security or other income. On job applications, when I am asked if I have any disabilities, I answer yes.

I have even tried to travel to different states for employment. I am seeking employment where I can. I have tried Lowe’s, Home Depot and other similar stores. All I get are letters saying I do not qualify for employment.

By trade, I am a tattoo artist, a job I have been very good at until I became disabled. I have shoulder impingement syndrome, which consists of some of the following: torn ligaments, torn tendons, bone spurs, bursitis and arthritis.

And constant pain. I feel the weather. I hardly sleep. I wish I could be somewhere else, as it is hard on my mind to deal with on a daily basis.

Still, I try to find work where I can in this tough economy, and I am on several lists to be called and never have been called to date.

I am too proud to try to get Social Security. I cannot even afford insurance to get my condition fixed. I even have applied for local state insurance to get the problem resolved so I can work again, always with no luck. So I have remained unemployed now for over 10 years and going.

I injured myself, and I am not able to lift more than 10 pounds at a time or stand or sit for long periods of time.

I just want a job so I can try to cover the medical expenses myself since I cannot get help. Surgery costs are around $ 18,000, which sounds pretty reasonable to me.

I am no stranger to hard work. Since 12, I cut grass, shoveled snow, painted houses and fences, swept chimneys, worked in heat treatment plants with dirt and oil, worked in the casting of hot metals, laid brick, made bathroom sinks, swept floors in factories, did drill-press work, sanding work, and worked at fast food places.

I do not lie to get jobs or hid my injury. I do want to work, but I worry now that my disability will mean I won’t be hired by companies because they’re afraid it will come back on them and their company.

I cannot afford private insurance as I do not have steady income. Now I find whatever I can do to reach my goal of paying for my own surgery.

It is a sad world when you live in pain, day in and day out, and you want and need to find work.

Health News Headlines – Yahoo! News

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Serious About Free Markets? Prove It

On Friday the Republican Study Committee, a policy shop for congressional Republicans, published a memo on how to fix copyright law. By Saturday afternoon the group’s executive director had pulled the memo, which had evidently failed to approach the subject with “all facts and viewpoints in hand.” This is Washington’s way of saying that an interest group hit the roof, and indeed, Ars Technica reports that lobbyists from the “content industry”—Hollywood and recording companies—pressured the group to renounce the memo.

Copyright being in fact broken, you can still read copies of the memo online. It lays out what copyright reform advocates have been saying for years. Copyright protections now extend 70 years past the life of the author; for a corporation, 95 years after publication. This, along with punitive laws on copyright violation, hinders creativity and innovation. These facts aren’t new. What’s new is the tone. Derek Khanna, the memo’s author, writes like an unashamed free marketeer, and in doing so manages to latch on to a larger point: Laws that help businesses often harm markets. From the memo:

Today’s legal regime of copyright law is seen by many as a form of corporate welfare that hurts innovation and hurts the consumer. It is a system that picks winners and losers, and the losers are new industries that could generate new wealth and added value. We frankly may have no idea how it actually hurts innovation, because we don’t know what isn’t able to be produced as a result of our current system. (Emphasis in the original.)

Radical stuff. There’s no one in Washington to lobby for industries that don’t exist yet, and ever so briefly, Khanna and the Republican Study Committee stepped into that breach. Then they stepped back, to gather more facts and viewpoints. Here’s one: Pro-business and pro-market are not the same thing. The most pleasant place for a business is not elbows-out in the middle of a free market, but sitting alone, atop a fat monopoly. Ask your local cable provider. The larger a business gets, the more it has to protect from the companies and industries that might follow it with something better or cheaper. And the best way to protect what you have is to have it written into law.

Real markets, with real competition, are most helpful to newcomers. Small businesses and new industries create new value. Once created, they, too, move to Washington to protect it. Witness the growth of Google (GOOG) and Facebook’s (FB) lobbying operations in the Capitol. Khanna describes extended copyright protection as rent-seeking—in his words, “non-productive behavior that sucks economic productivity and potential from the overall economy.” What’s true of Hollywood and the recording industry could be said of any established industry.

Luigi Zingales, a professor at the University of Chicago Booth School of Business and a regular contributor to Bloomberg View, points out that larger companies can lobby for special exemptions in the tax code. This creates complexity in the tax code, which punishes smaller businesses that can’t pay for tax lawyers and don’t have anyone’s buttonhole on Capitol Hill. Zingales prefers simple regulations and simple taxes, which are harder for lobbyists to game and easier for democracies to understand. He sees this as a bipartisan problem. The left is inclined toward more regulation, and the right is pro-business, rather than pro-markets.

The direction Khanna was headed—a defense of open, competitive markets at the expense of existing businesses—is still wide open space, claimed by no party. This summer, conservatives such as Timothy Carney at the Examiner and Yuval Levin at National Review urged Mitt Romney to back markets, not businesses. But he chose not to, even though he, in his day, disrupted existing markets of his own. Some enterprising Republican can still do it. Derek Khanna in 2016! He’s young. Maybe VP.

Businessweek.com — Top News

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Amazon Kindle Fire HD 8.9 is Good, But No iPad Killer [REVIEW]

Unboxing the Kindle Fire HD 8.9

Click here to view this gallery.

[More from Mashable: Apple Now Owns the iMessage Name]

Amazon expands its tablet sights with the bigger, more powerful Kindle Fire HD 8.9. Can it compete against Apple‘s iPad?

If there’s one company that deserves credit for reigniting the iPad competitor market, it’s Amazon. Despite some bugs and an overall blah design, its 7-inch Kindle Fire was the first Android tablet that made sense to consumers who gobbled it up to help the Fire grab 50% of the Android tablet market in just 6 months.

[More from Mashable: 9 Black Friday Deals For iPhone Owners]

That tablet essentially opened the flood gates for a new set of ever-more-powerful 7-inchers from, notably, Barnes & Noble and Google. All three companies have already updated their 7-inch offerings to more powerful components and higher-resolutions screens. They’re all still running Android, though Amazon and Barnes & Noble choose to hide the Google OS behind smarter and much more consumer-friendly interfaces.

All this led Apple to finally enter the mid-sized tablet space with the iPad Mini. It’s easily the best-looking tablet of the bunch, but also $ 120 more expensive than its nearest competitor.

The more interesting development, though, is Amazon‘s (and Barnes & Noble‘s) decision to go toe-to-toe with Apple’s full-size iPad and launch the Amazon Kindle Fire HD 8.9 (in 4G LTE and WiFi-only). The move is akin to a middle weight boxer putting on the pounds to take on the Heavyweight world champion. Amazon’s Kindle Fire HD is slightly smaller (the iPad is 9.7-inches), lighter (567g vs. 625g), cheaper ($ 369 for 32 GB model vs. $ 599 for the iPad 4th Gen — Amazon subsidizes with sleep-state ads, that I do not mind) and overall somewhat less powerful. In order to win the battle, the 8.9-inch Kindle Fire HD better be pretty nimble on its feet, while able to throw that all important knockout punch.

Short version of this story: the Kindle Fire HD 8.9 does some serious damage, but the iPad 4th Gen gets the decision and retains the tablet leader title.

The Kindle Fire HD 8.9 is by no means a failure. In many ways, it’s as good as the smaller Kindle Fire HD, but throughout my tests I noticed odd bugs and glitches (which should all be fixable by software) and a somewhat disturbing lack of power that’s especially obvious when you put the Fire HD 8.9 next to the iPad 4th Gen

What It Is

If you’ve never seen an iPad and someone handed you the Kindle Fire HD .9, you’d likely say its jet-black, soft-to-the-touch plastic body felt good in your hands and was more than effective at all the core tasks (reading, game playing, e-mail, web browsing).

Design-wise, the 8.9 device looks exactly like the 7-inch model, complete with the too-hard to find volume and power buttons. There are no other physical buttons on this device, but Amazon chooses to hide the few it has by making them the exact same color as the chassis and flush with the body. Every time I use the tablet I do the “where’s the damn button” dance, rotating the Kindle Fire HD round and round until I feel the buttons (since I can barely see them).

I have applauded Barnes & Noble for putting the physical “N” home button right on the face of their Nook HD. Bravo for having the guts to do this. Amazon apparently looks at Apple’s iPad home button and thinks to have anything similar would be seen as “copying” the Cupertino hardware giant, when instead they should realize that it works, consumers like it and tablets without it are at a distinct disadvantage.

Amazon’s interface has you make do with a virtual, slide-out home button that is always available. Problem is, I found times when it wasn’t available. When I played Spider-Man and Asphalt 7, the tiny little left-had bar would disappear and I couldn’t exit the game unless I hit the sleep/power button.

The rest of the Kindle Fire HD 8.9′s body is solid and unremarkable (if you read my Kindle fire HD 7 review, then you know exactly what to expect.). Like the iPad 4th Gen, the Kindle Fire HD 8.9 has a front-facing 720p-capable camera. It’s useful for capturing video, snapping 1 Megapixel images and, probably most important, Skype video chats. Skype has built a fairly sharp-looing Kindle Fire app, though the design doesn’t fully fit the larger 8.9-inch screen. Skype just updated its Android app for better tablet viewing and hopefully, we’ll see this update hit the Kindle Fire HD 8.9 as well.

The iPad also has an HD rear-facing camera. The Kindle fire HD 8.9 does not (Barnes & Noble leave out cameras altogether)

Not Packing a Punch

As a large-screen high-resolution tablet (though iPad’s 2048×1536 retina display beats it), the Kindle Fire HD 8.9 offers plenty of attractive screen real estate for web browsing, book and magazine reading and games. But the results can be mixed. Silk, Amazon‘s custom web browser, was occasionally less than responsive and games, though, they ran well, never looked half as good as they do on the considerably more expensive iPad 4.

Granted, you can’t always find the same high-quality immersive action games on both Android and iOS, but Asphalt 7 Heat is a notable exception and it throws the performance differences between the two tablets into stark contrast. Game play is equally responsive on both platforms: the Kindle Fire HD 8.9’s accelerometer reads my moves just as well as the iPad.

The graphics on the Kindle Fire HD, however, are reduced to blobs and blocks (palm trees without distinct leaves, buildings without discernible windows) . The iPad’s quad-core graphics simply overmatch the Kindle Fire. I have never, for example, seen an iPad draw the game as I was playing, as I did when I tried out The Amazing Spider-Man.

Additionally, I experienced more than my share of crashes with games and even magazine apps like Vanity Fair.

The Good

Not everyone, however, will compare the Kindle Fire HD 8.9 to the iPad. Some will see the $ 299 entry-level price point (for the 16 GB model) and appreciate the power, flexibility and utility of this device. Like all Fire’s before it, the Kindle Fire HD 8.9 makes it easy to consume mass quantities of content. Nearly every menu option: Games, Apps, Books, Music, Videos, Newsstand, puts you just one click away from shopping for fresh content. If you have an Amazon account (and who doesn’t) your desired book, music or movie is just a click away. Plus, you can still easily store any of it locally, and worry about running out of storage space, or in the cloud, and never worry about space or accessibility—you can get to that purchased Kindle content from any Kindle app or registered Amazon device.

Watching movies on the tablet is a pleasure. I streamed a couple through Amazon Prime; they looked good on the 1920 x 1200 screen and the Dolby Stereo speakers produced sharp, loud, almost room-filling sound—an impressive feat not even the iPad can match.

The Kindle Fire HD 8.9 also includes a mini-HDMI-out port, which prompted me to connect the tablet to my 47-inch LED HDTV so we could watch Disney’s Brave. Yes, I had to get up and tap on the Kindle screen each time I wanted to pause and restart the move, but otherwise, I was pretty impressed with how the Kindle handled the task.

Obviously I yearn for an Apple Airplay-like feature on Android tablets (rumor has it one is coming), but this is the next, best thing.

There isn’t a lot to say about the Kindle Fire HD 8.9-inch interface that I did not say in the Kindle Fire HD 7 review. I will note, however, that the increased real estate makes the trademark task carousel seem almost too big. Icons for everything from your recently played Spider-Man game to magazine apps, books and Web sites all sit side-by-side-by side. Some, like book covers, look gorgeous.

Others like a broken web-page link look stupid. Worse yet, none of them have labels, which can occasionally make it hard to identify which app or task you’re looking at. I’m just not sure this interface metaphor is sustainable.

Personally I prefer either the clean consistent look of iOS, or the uber-user friendly, family-oriented Nook HD profile-based one. Amazon may want to take a hard look at those and start over.

Staying Connected

The Kindle Fire HD 8.9 is also Amazon’s first cellular-based tablet. That fact puts it even more squarely in competition with the iPad (which obviously has always had 3G models and now offers blazing fast 4G LTE ones as well on all major carriers).

Amazon’s mobile broadband plans are a little more conservative, with just the AT&T 4G LTE option (the 32 GB 4G model that I tested lists for $ 499, which is still $ 224 less than a comparable iPad 4th Gen).

In my experience, the connectivity is superfast and fairly ubiquitous. Amazon‘s $ 49 (a year) flat fee plan is attractive, but with a cap of 250MB per month of data, it’s unlikely it will satisfy the most data-hungry users. If you do need more data, users can also get 3GB and 5GB data plans directly from AT&T on the device.

At press time, Amazon had not enabled streaming video over LTE. Having it sounds nice, but even with the most generous data plans, streaming video would eat it up faster than you can say, “I’m streaming Back to the Future in HD over 4G LTE on my Kindle fire HD!”

The reality for most users is that WiFi is plentiful and you’ll be hard pressed to find a spot where you can’t connect for free or a small one-off fee. It’s the reason Barnes & Noble’s line of HD Nooks do not include a cellular option.

Review continues after FreeTime Gallery

FreeTime

Kindle HD FreeTime Start

Click here to view this gallery.

Perhaps the best new addition to the Kindle Fire family is not a piece of hardware or new component, but the new FreeTime app. Amazon put a lot of loving care into this parental control interface, but almost mucks the whole thing up by hiding the tool under an app that you have to scroll down to (or search) to find. By contrast profiles and age and content controls are baked into the Barnes & Noble Nook HD in a way that makes them impossible to ignore.

Even so, once you do access FreeTime, I think you’ll be pleased with the level of control it gives you. I added test profiles for my two children and then hand-picked every app and piece of content they could access. I was also able to block broadband mobile and even set time limits for access to content and overall screen viewing time (on a per profile basis). The set-up is a bit wonky and it bizarrely switches between landscape and profile screens, but I still applaud the effort. It would make sense for Amazon to move FreeTime into a device set-up screen. If the user has no additional family members or kids using the device, they can easily skip it.

To Buy or Not to Buy

Amazon’s expansive content and shopping ecosystem has always been a strong draw and it’s just as good in this large screen tablet as it was in the very first Kindle Fire. Still, you have to compare it with the equally strong iOS ecosystem, which is no slouch in the content shopping department. Apple doesn’t connect you as seamlessly to physical products, but there’s nothing difficult about shopping on Amazon.com via your iPad. It’s also notable that tablet competitor Barnes & Noble has added movie and TV viewing, rental and purchase.

Ultimately, all of these tablets are offering more and more of the same content options, apps, and features. The decision will likely come down to price, app selection, interface and overall ease of use. The Amazon Kindle fire HD 8.9 scores well on all of these, but does not always lead.

For the price, it’s a great value, but I want Amazon to focus on hardware and interface design for the next big update. Then, they may get my full endorsement.

This story originally published on Mashable here.

Gadgets News Headlines – Yahoo! News

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Ex-’Price is Right’ model gets $8.5M in damages

LOS ANGELES (AP) — The producers of “The Price is Right” owe a former model on the show more than $ 7.7 million in punitive damages for discriminating against her after a pregnancy, a jury determined Wednesday.

The judgment came one day after the panel determined the game show’s producers discriminated against Brandi Cochran. They awarded her nearly $ 777,000 in actual damages.

Cochran, 41, said she was rejected when she tried to return to work in early 2010 after taking maternity leave. The jury agreed and determined that FremantleMedia North America and The Price is Right Productions owed her more than $ 8.5 million in all.

“I’m humbled. I’m shocked,” Cochran said after the jury announced its verdict. “I’m happy that justice was served today not only for women in the entertainment industry, but women in the workplace.”

FremantleMedia said it was standing by its previous statement, which said it expected to be “fully vindicated” after an appeal.

“We believe the verdict in this case was the result of a flawed process in which the court, among other things, refused to allow the jury to hear and consider that 40 percent of our models have been pregnant,” and further “important” evidence, FremantleMedia said.

In their defense, producers said they were satisfied with the five models working on the show at the time Cochran sought to return.

Several other former models have sued the series and its longtime host, Bob Barker, who retired in 2007.

Most of the cases involving “Barker’s Beauties” — the nickname given the gown-wearing women who presented prizes to contestants — ended with out-of-court settlements.

Comedian-actor Drew Carey followed Barker as the show’s host.

___

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

Entertainment News Headlines – Yahoo! News

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Do drunks have to go to the ER?

NEW YORK (Reuters Health) – With the help of a checklist, ambulance workers may be able to safely reroute drunk patients to detoxification centers instead of emergency rooms, according to a new study.

Researchers in Colorado found no serious medical problems were reported after 138 people were sent to a detox center to sleep it off, instead of to an ER.

In 2004, according to the researchers, it’s estimated that 0.6 percent of all U.S. ER visits were made by people without any problems other than being drunk. Those visits ended up costing about $ 900 million.

“Part of the issue has been – as it is in many busy ER departments – there’s a lot of chronic alcoholics that are brought in by ambulance, police or just come in. Often they are brought in because they have not committed a crime or there is limited space in our detoxification center. So the majority were brought to the ER department,” said Dr. David Ross, the study’s lead author from Penrose-St. Francis Health Services in Colorado Springs.

Ross said the ambulance company where he serves as medical director created the checklist with the help of the local detox center, which provided limited medical care by a nurse, and the local hospitals to reduce the number of drunks without medical needs being sent to the local ERs.

They created a checklist with 29 yes-or-no questions, such as whether the patient is cooperating with the ambulance worker’s examination and if the patient is willing to go to the detox center.

The patient was sent to the ER if the ambulance worker checked “no” on any question.

The researchers then went back to look at the patients they transported between December 2003 and December 2005 to see whether or not any of them ended up having serious medical problems at the detox center.

During that two year period, the ambulance workers transported 718 drunks. The detox center received 138 and the local ERs got 580.

Overall, 11 of the patients who were taken to detox were turned away because there was no room, their blood alcohol level exceeded the limit, their family came to pick them up or they were combative.

Another four patients at the detox center were taken to the ER because of minor complications, including chest and knee pain. However, there were no serious complications reported.

“We really believe that we did not miss anybody with a serious illness and injury that didn’t go to the ER as they should have,” said Ross.

But the researchers write in the Annals of Emergency Medicine that their study did have some limitations.

Specifically, the researchers did not plan in advance to do a study when they were creating the checklist, which means their findings are limited to whatever information was collected at the detox center and ERs.

Also, the number of people who were sent to the detox center in their study is relatively small, so it’s hard to tell how many serious complications they’d see among a larger group of people.

“We tried to estimate how likely we would have been to encounter a serious event… We estimated at most we’d encounter three serious adverse events (in 748 patients),” Ross told Reuters Health.

SOURCE: http://bit.ly/QgPCT5 Annals of Emergency Medicine, online November 9, 2012.

Health News Headlines – Yahoo! News

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Payday loan firms warned by OFT

20 November 2012 Last updated at 06:43 ET

David Fisher, Office of Fair Trading: “The industry as a whole certainly needs to raise its game”

The payday loan industry has been warned to improve the way it lends money and collects debts, or face fines or closures.

The Office of Fair Trading (OFT), in an interim report, says most of the 50 big firms it has been inspecting do not operate fully by its rules.

The OFT says it is worried by reckless lending and aggressive debt collection.

It has now begun formal investigations into several payday lenders over aggressive debt collection practices.

The OFT will publish its full report in the new year, when it has ended an investigation which it started in February 2012.

But David Fisher, the OFT’s director of consumer credit, said all 240 payday lenders have been put on notice to improve.

“What we are discovering is that right across the sector problems exist and the industry as a whole certainly needs to raise its game,” he told BBC News.

He added that recent estimates suggested that the industry was now lending £1.8bn a year, double the amount of a couple of years ago.

Updated rules

The OFT is worried about the “poor practices” which its enquiries have been uncovering, and which chime closely with many of the criticisms that consumer groups have been making of payday lenders.

Among the OFT’s concerns are that:

• lenders do not check properly if their borrowers can afford to repay the money they have borrowed


• too many loans are not repaid on time


• the loans are then extended too often


• lenders are too aggressive when borrowers fail to repay promptly

The regulator has become especially worried about the way payday loan firms use a type of repayment agreement called a continuous payment authority (CPA), using a credit or debit card to ensure they are repaid automatically.

The OFT has updated its rules for the industry to make it clear that if borrowers sign up for a CPA, it must be with their explicit agreement.

Borrowers must be told how a CPA works and how they can bring one to an end.

Lenders must not keep on trying to drain cash from their borrowers’ accounts if there is not enough money available to meet the debt.

Meggan Tile owes seven thousand pounds in payday loan debt and describes how the stress used to keep her awake at night

“Our report shows that a large number of payday loans are not repaid on time,” said Mr Fisher.

“Our revised guidance makes it absolutely clear to lenders what we expect from them when using continuous payment authority to recover debts and that we will not accept its misuse.”

The UK’s most high profile payday lender, Wonga, said it welcomed the OFT report and its recommendations, which add to a new industry code of practice that was announced in the summer and which comes into effect next week.

“Regarding continuous payment authority, which is also used by a broad range of businesses outside of consumer credit, we believe it is an important method of collection and we share the OFT’s concerns that it must not be misused,” said a Wonga spokeswoman.

‘Bad situation worse’

Joanna Elson, chief executive of the Money Advice Trust, welcomed the OFT’s interim report.

She said the experience of clients coming to the Trust for advice was that “payday loans have a habit of making a bad situation worse”.

“We have a lengthy list of concerns about the practices of many companies in the sector and we hope the OFT review will kickstart a more serious consideration of the problems payday loans create,” she said.

“Many thousands of people have come to us for help after having seen their debt problem made far more serious by taking out one or more payday loans,” she added.

The Financial Ombudsman Service (FOS) has found a small but increasing number of people complaining to it about payday loan firms.

A spokesman said the main reason for people complaining was that the loan had been unaffordable and should never have been granted in the first place.

“In the first half of this financial year – April to September 2012 – we received 271 new complaints; this compares to the 296 complaints brought to our service during the whole of last year (2011-12) – and we are currently upholding eight out of 10 cases in favour of the consumer,” said an FOS spokesman.

BBC News – Business

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AP Exclusive: Syrian rebels seize base, arms trove

BASE OF THE 46TH REGIMENT, Syria (AP) — After a nearly two-month siege, Syrian rebels overwhelmed a large military base in the north of the country and made off with tanks, armored vehicles and truckloads of munitions that rebel leaders say will give them a boost in the fight against President Bashar Assad‘s army.

The rebel capture of the base of the Syrian army’s 46th Regiment is a sharp blow to the government’s efforts to roll back rebels gains and shows a rising level of organization among opposition forces.

More important than the base’s fall, however, are the weapons the rebels found inside.

At a rebel base where the much of the haul was taken after the weekend victory, rebel fighters unloaded half a dozen large trucks piled high with green boxes full of mortars, artillery shells, rockets and rifles taken from the base. Parked nearby were five tanks, two armored vehicles, two rocket launchers and two heavy-caliber artillery cannons.

Around 20 Syrian soldiers captured in the battle were put to work carrying munitions boxes, barefoot and stripped to the waist. Rebels refused to let reporters talk to them or see where they were being held.

“There has never been a battle before with this much booty,” said Gen. Ahmad al-Faj of the rebels Joint Command, a grouping of rebel brigades that was involved in the siege. Speaking on Monday at the rebel base, set up in a former customs office at Syria’s Bab al-Hawa border crossing with Turkey, he said the haul would be distributed among the brigades.

For months, Syria’s rebels have gradually been destroying government checkpoints and taking over towns in the northern provinces of Idlib and Aleppo along the Turkish border.

Rebel fighters say that weapons seized in such battles have been essential to their transformation from ragtag brigades into forces capable of challenging Assad’s professional army. Cross-border arms smuggling from Turkey and Iraq has also played a role, although the most common complaint among rebel fighters is that they lack ammunition and heavy weapons, munitions and anti-aircraft weapons to fight Assad’s air force.

It is unclear how many government bases the rebels have overrun during the 20-month conflict, mostly because they rarely try to hold captured facilities. Staying in the captured bases would make them sitting ducks for regime airstrikes.

“Their strategy is to hit and run,” said Elias Hanna, a retired Lebanese army general and Beirut-based strategic analyst. “They’re trying to hurt the regime where it hurts by bisecting and compartmentalizing Syria in order to dilute the regime’s power.”

The 46th Regiment was a major pillar of the government’s force near the northern city of Aleppo, Syria’s economic hub, and its fall cuts a major supply line to the regime’s army, Hanna said. Government forces have been battling rebels for months over control of Aleppo.

“It’s a tactical turning point that may lead to a strategic shift,” he said.

At the 46th Regiment’s base, about 25 kilometers (15 miles) west of Aleppo, the main three-story command building showed signs of the battle — its walls punctured apparently from rebel rocket attacks. The smaller barracks buildings scattered around the compound, about 2.6 square kilometers (1 square mile) in size, had been looted, with mattresses overturned. A number of buildings had been torched.

Reporters from The Associated Press who visited the base late Monday saw no trace of the government troops who had been defending it — other than the dead bodies of seven soldiers.

Two of them, in camouflage uniforms, lay outside the command building. One of them was missing his head, apparently blown off in an explosion.

The rest were in a nearby clinic. Four dead soldiers were on stretchers set on the floor, one with a large gash in his arm, another with what appeared to be a large shrapnel hole in the back of his head. The last lay on a gurney in another room, his arms and legs bandaged, a bullet hole in his cheek and a splatter of blood on the wall and ceiling behind him as if he had been shot where he lay.

It could not be determined how or when the soldiers had been killed.

The final assault that took the base came after more than 50 days of siege that left the soldiers inside demoralized, according to fighters who took part.

Working together and communicating by radio, a number of different rebels groups divided up the area surrounding the base and each cut the regime’s supply lines, said Abdullah Qadi, a rebel field commander. Over the course of the siege, dozens of soldiers defected, some telling the rebels that those inside were short of food, Qadi said.

The rebels decided to attack Saturday afternoon when they felt the soldiers inside were weak and the rebels had enough ammunition to finish the battle, Qadi said. The battle was over by nightfall on Sunday. Seven rebel fighters were killed in the battle, said al-Faj of the rebels’ Joint Command. Other rebel leaders gave similar numbers.

It remains unclear how many soldiers remained in the base when the rebels launched their attack and what happened to them.

Al-Faj said all soldiers inside were either killed or captured. He said he didn’t know how many were killed, but that the rebels had taken about 50 prisoners, all of whom would be tried in a rebel court. Aside from the 20 prisoners seen at the rebel’s Bab al-Hawa base, the AP was unable to see any other captured soldiers.

The Syrian government does not respond to requests for comment on military affairs and said nothing about the base’s capture. It says the rebels are terrorists backed by foreign powers that seek to destroy the country.

Disorganization has plagued the Syrian opposition since the start of the anti-Assad uprising in March 2011, with exile groups pleading for international help even when they have no control over those fighting inside of Syria.

A newly formed Syrian opposition coalition received a boost Tuesday, when Britain officially recognized it as the sole representative of the Syrian people.

The National Coalition of the Syrian Revolutionary and Opposition Forces was formed in the Gulf nation of Qatar on Oct. 11 under pressure from the United States for a stronger, more united opposition body to serve as a counterweight to more extremist forces.

British Foreign Secretary William Hague said Tuesday the body’s members gave assurances to be a “moderate political force committed to democracy” and that the West must “support them and deny space to extremist groups.”

The United States and the European Union have both spoken well of the body but stopped short of offering it full recognition.

Key to the body’s success will be its ability to build ties with the disparate rebel groups fighting inside Syria. Many rebel leaders say they don’t recognize the new body, and a group of extremist Islamist factions on Monday rejected it, announcing that they had formed an “Islamic state” in Aleppo.

Anti-regime activists say nearly 40,000 people have been killed since Syria’s crisis started 20 months ago.

___

Associated Press write Elizabeth Kennedy contributed reporting from Beirut, Lebanon.

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News Summary: India outrage over Facebook arrests

WHAT HAPPENED: As India‘s financial capital shut down for the weekend funeral of a powerful politician linked to waves of mob violence, a woman posted on Facebook that the closures in Mumbai were “due to fear, not due to respect.” A friend of hers hit the “like” button. For that, both women were arrested.

THE RATIONALE: The arrests were seen as a move by police to prevent any outbreak of violence by supporters of Bal Thackeray, a powerful Hindu fundamentalist politician who died Saturday.

THE REACTION: But analysts and the media are slamming the Maharashtra state government for what they said was a flagrant misuse of the law and an attempt to curb freedom of expression.

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Camembert to clocks: Dali’s genius on show in Paris

PARIS (Reuters) – The broadest-ever retrospective of Salvador Dali, opening in Paris this week, seeks to move beyond the shameless self-promotion that the 20th century Surrealist was often derided for and stress his indelible influence on artists today.

Once dubbed “Avida Dollars” for his love of money, Dali is regarded by some as little more than a marketing product, his Spanish home an obligatory tourist stop, his trademark melting watches the inspiration for money-spinning souvenirs.

But a new show at the Pompidou Centre lays bare the extent of his creative genius, exploring how his experiments with painting, cinema, advertising and installations influenced movements from Pop Art to today’s performance art.

The show, which runs from November 21 to March 25, is set to be a blockbuster of the Parisian art calendar. The last Dali retrospective at the Pompidou in 1979 remains the most visited exhibition in the museum’s history.

“There’s this vision we have of there being a good Dali, the Surrealist, and then the one who came after, who made money,” said exhibition curator Jean-Michel Bouhours.

“We needed to go beyond this distinction between the good and the bad and show how the experimental Dali was extraordinarily important in the history of art and the artistic models that developed in the 60s and 70s.”

The exhibition features some 200 works by the Spanish master, including the famous 1931 “The Persistence of Memory” with melting pocket watches, which Dali said was inspired by watching camembert cheese liquefying in the sun.

Also on show are dozens of works on paper, projects for stage and screen, photographs and films such as the 1929 “Un Chien Andalou“, written with Spanish director Luis Bunuel.

His designs for ballet, decorative arts and even a pavilion for the 1939 New York World Fair earned him the derision of fellow Surrealists such as Andre Breton.

But Dali saw mass media as a more efficient way than painting of getting across his “paranoid critique” of the world.

His 1935 installation, “Mae West’s Face Which May be Used As An Apartment” with its lip-shaped sofa showed an obsession with celebrity that would later influence the Pop Art of Andy Warhol.

Born Salvador Domingo Felipe Jacinto Dali in 1904 in the Catalan town of Figueres, Spain, Dali remains a controversial artist, loved for his creative genius but dismissed by some as a madman and hated for his at times grotesque artistic vision.

Although an anarchist in his youth and deeply attached to his native Catalonia, he was criticized for later declaring himself a monarchist, turning to religion and moving closer to the post-war authoritarian regime of Francisco Franco.

His love of show business and manic declarations such as “Surrealism is me”, alienated many. But he is cited as an influence for many artists such as Damien Hirst and Jeff Koons.

Dali died of heart failure in Figueres in 1989, seven years after the death of his wife and muse Gala.

(Reporting By Vicky Buffery, editing by Paul Casciato)

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Ob-gynecologists endorse over-the-counter birth control

NEW YORK (Reuters Health) – A leading group of women’s physicians is urging drug regulators to make birth control pills available over-the-counter.

“We need to do something about the unintended pregnancy problem in the U.S. This is one way,” said Dr. Kavita Nanda, one of the authors of the statement by the American College of Obstetricians and Gynecologists (ACOG) and a scientist at the nonprofit research group FHI 360.

As Nanda and her colleagues wrote in their opinion statement supporting over-the-counter access, about half of all pregnancies are unplanned and they lead to $ 11 billion in costs to taxpayers each year.

Diana Greene Foster, a professor at the University of California, San Francisco who studies the impact of birth control on unplanned pregnancies, told Reuters Health the new opinion is backed by evidence.

“It’s been a long time that people (have felt) that over-the-counter makes sense,” said Foster, who is not part of the ACOG committee. “It’s clear that it would result in better access and fewer unintended pregnancies if women had better access to oral contraceptives.”

Currently, the birth control pill requires a prescription in the U.S.

Emergency contraception, which goes by the brand name Plan B, is available without a prescription, but must be acquired from a pharmacist.

Nanda said several surveys have shown that women would be more likely to use the pill if it were available over-the-counter, and studies have shown that women are at least as good as doctors at screening themselves for health reasons why they shouldn’t take the pill.

“There’s just an accumulating body of evidence that’s been published over the past three years that’s really been documenting the safety and effectiveness of over-the-counter access,” said Dr. Dan Grossman, the vice president for research at Ibis Reproductive Health.

Grossman sits on an ACOG committee, but not the one that penned the latest opinion.

One of the concerns about over-the-counter access is that the pill carries a small, increased risk of developing a potentially dangerous blood clot. But the risk of these clots is even greater during pregnancy.

“The pill is incredibly safe,” Grossman told Reuters Health. “I don’t have any safety concerns.”

COST ANOTHER BARRIER?

Grossman said he worries more about cost and insurance coverage, so that if the pill does become available without a prescription, women could actually access it.

“As we saw with Plan B, when it went over-the-counter the price was really high, $ 50 for a one-time use. If a daily pill were priced that high, I don’t think we would see the hoped-for increased use because the cost would create another barrier,” he said.

Under a provision of the Patient Protection and Affordable Care Act, also called Obamacare, women with health insurance will become eligible to receive birth control without any additional co-pays.

It’s not clear whether this would apply to over-the-counter birth control if the U.S. Food and Drug Administration approves such access.

The agency told Reuters Health it is willing to speak with drugmakers who wish to petition for a switch from prescription to over-the-counter availability.

“In order for a switch to occur, FDA determines whether the prescription requirements are necessary for the protection of the public health…Whether data would be needed for oral contraceptives to switch would require further review and discussion with (drug) sponsors,” Stephanie Yao, an FDA spokesperson, wrote in an email.

Foster said that, for supporters of over-the-counter access, ACOG’s opinion is encouraging.

“The fact that ACOG is coming out with a statement is a big deal, because they’re currently the gatekeepers. So when the gatekeepers are willing to let women have access to (over-the-counter) oral contraceptives, it does support it,” she said.

SOURCE: http://bit.ly/Ud6Y2v Obstetrics & Gynecology, online November 20, 2012.

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U.S. ITC will review Apple, Samsung patent decision

WASHINGTON (Reuters) – The U.S. International Trade Commission will review a judge’s decision which found that Apple did not violate patents owned by Samsung Electronics in making the iPod touch, iPhone and iPad.

An administrative law judge at the ITC had said in a preliminary ruling in September that Apple was innocent of violating the patents. The ITC, which could have opted to simply uphold the judge’s decision, said that it would take up the matter. A final decision is expected in January.

If Apple is found to infringe, its devices can be banned for sale in the United States.

Apple and Samsung have taken their bruising patent disputes to some 10 countries as they vie for market share in the booming mobile industry.

Apple won a huge victory in August when a U.S. jury found the South Korean firm had copied key features of the iPhone. Apple was awarded $ 1.05 billion in damages. That ruling is under appeal.

In its announcement that it would review the case, the ITC asked for briefings on how it should consider standard essential patents, which are normally expected to be licensed widely and on fair, reasonable and non-discriminatory terms. The use of standards helps companies ensure devices are interoperable.

Some antitrust enforcers have argued that it is wrong for companies which own standard essential patents to ask for infringing devices to be barred from the country except in extreme instances.

The commission is reviewing a decision by ITC Judge James Gildea, who said in September that Apple did not violate the four patents at issue in the case, which was filed in mid-2011.

The two standard essential patents in the complaint are related to 3G wireless technology and the format of data packets for high-speed transmission.

Apple has a parallel complaint filed against Samsung at the ITC, accusing Samsung, a major Apple chip provider as well as a global rival, of blatantly copying its iPhones and iPads. An ITC judge said in that case that Samsung infringed on four Apple patents. The full ITC will issue a final decision in February.

Apple has waged an international patent war since 2010 as it seeks to limit growth of Google’s Android system. The fight has embroiled Samsung, HTC and others who use Android.

Google’s Android software, which Apple’s late founder Steve Jobs denounced as a “stolen product,” has become the world’s No. 1 smartphone operating system.

Samsung is the world’s largest smartphone maker, while Apple is in third place. Many experts consider Samsung’s Galaxy touchscreen tablets the main rival to the iPad, although they are currently a distant second to Apple’s devices.

Samsung is also a parts supplier to Apple, producing micro processors, flat screens and memory chips – both dynamic random access memory (DRAM) chips and NAND memory chips – for the iPhone, iPad and iPod. Apple has reduced orders from Samsung for chips and screens.

The case at the International Trade Commission is No. 337-794.

(Reporting By Diane Bartz; Editing by Bernard Orr and David Gregorio)

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Turbulence on Cuba-Italy flight leaves 30 bruised

ROME (AP) — An airliner flying from Havana to Milan abruptly plunged some 1,000 meters (3,300 feet) when it hit unusually strong turbulence over the Atlantic on Monday, terrifying passengers and leaving some 30 people aboard with bruises and scrapes, airline officials said.

The flight continued to Milan’s Malpensa airport after the plane’s captain determined that it suffered no structural damage and two passengers who are physicians found no serious injuries, Giulio Buzzi, head of the pilots division at Neos Air, told Sky TG24 TV.

The ANSA news agency quoted bruised passenger Edoardo De Lucchi as saying meals were being served when suddenly there was “10 seconds of terror.” He recounted how plates went flying and some passengers not wearing seatbelts bounced about.

Buzzi had said that the drop measured some 3,000 meters (10,000 feet) in a cloudless sky. But Milan daily’s Corriere della Sera’s web site, quoting Neos official Davide Martini, later reported that the plane first bounced up some 500 meters (1,650 feet), then dropped some 1,000 meters (3,300 feet) to some 500 meters (1,650 feet) below the original altitude.

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Google should not be accused of “unfair” acts: lawmakers

WASHINGTON (Reuters) – Two lawmakers urged the Federal Trade Commission on Monday to steer clear of expanding its authority as it investigates allegations search engine company Google violated antitrust law.

The two California Democrats in the House of Representatives, who count Google as a major campaign contributor, asked the FTC not to accuse the company of “unfair” acts if it believes it broke antitrust law.

Anna Eshoo, on the Energy and Commerce Committee, and Zoe Lofgren, who is on the Judiciary Committee, said there were reports to suggest the FTC planned to use the unfair standard to avoid proving some elements required in an antitrust claim.

They said such a move could lead to over-broad authority for the FTC that could create legal uncertainties for firms and stifle economic growth.

“Such a massive expansion of FTC jurisdiction would be unwarranted, unwise, and likely have negative implications for our nation’s economy,” the lawmakers wrote in the letter, which was dated November 19 and sent to the five FTC commissioners.

The FTC is looking into a long list of complaints brought by rivals of Google, which is also accused of using its dominance to squash competitors in vertical search areas such as shopping and travel.

The FTC staff has reportedly given the commission a report urging them to file a complaint against Google for suing competitors based on standard essential patents and asking for injunctions to stop the sales of their products. Standard essential patents are supposed to be broadly licensed at a fair rate.

Google is the seventh largest contributor to Eshoo, donating $ 13,000 during the 2012 election cycle, according to data from the Center for Responsive Politics. It is the third largest contributor to Lofgren, who got $ 14,500 from Google. The donations came from a Google political action committee and employees and lobbyists associated with Google.

Complaints about Google to the FTC over standard essential patents arise from a raft of litigation between Apple Inc, Google and Microsoft Corp, which have sued each other numerous times in various countries, each alleging that their respective patents are being infringed upon by rivals in the highly competitive smartphone market.

In many cases, the companies ask that their rivals’ products be banned from stores. Many antitrust enforcers believe it is inappropriate for companies to ask for sales bans based on the infringement of essential patents.

FTC Chairman Jon Leibowitz, who is expected to leave the agency soon, said in mid-September that he expected a decision in the case by the end of the year. A decision could be in the form of a lawsuit or, more likely, a settlement.

Google has settled with U.S. law enforcement agencies in the past.

For example, it settled with the FTC following privacy gaffes during the botched roll-out of its social network, Buzz. Later, it paid $ 22.5 million to settle charges that it bypassed the privacy settings of customers using Apple’s Safari browser.

Google also paid a $ 500 million settlement in 2011 to the Justice Department for knowingly accepting illegal advertisements from Canadian pharmacies selling in the United States.

FTC spokesman Peter Kaplan confirmed that the commission had received the letter but said the agency declined comment.

(Reporting By Diane Bartz; editing by Andrew Hay)

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Charlie Chaplin’s bowler hat and cane fetch over $60,000 at auction

NEW YORK (Reuters) – One of Charlie Chaplin’s bowler hats and a cane, the staple of Hollywood silent-era comedy, were auctioned for $ 62,500 on Sunday, said auction house Bonhams.

Chaplin’s hat and cane, which fetched more than the initial estimate of $ 40,000-60,000, are synonymous with his “Little Tramp” character in films such as “City Lights” and “Modern Times.”

Bonhams memorabilia specialist Lucy Carr said earlier it is unknown how many of Chaplin’s bowlers and canes still exist. Those auctioned on Sunday are from a private collection but have a direct link to Chaplin, Carr said.

The waddling and bumbling “Little Tramp” character propelled Chaplin to global fame. The character, Hollywood legend says was created by accident on a rainy day at Keystone Studios, first appeared in 1914′s “Kid Auto Races at Venice” and lastly in 1936′s “Modern Times.”

Chaplin’s hat and cane are the highlights of an auction of popular culture artifacts that is still in progress. Other items include a handwritten letter from John Lennon in which the Beatle sketched himself and wife Yoko Ono nude. There is also an archive of Marilyn Monroe photographs, an early Charles Schulz “Peanuts” comic strip, and a wicker chair from Rick’s Cafe in “Casablanca.”

(Additional reporting by Eric Kelsey; editing by Christopher Wilson)

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Oklahoma Compounding Pharmacy Laws Some of Strictest in Nation

Jerrod Roberts, owner of Flourish Integrative Pharmacy, wants people to know that it is not the science of compounding that is behind the current U.S. meningitis outbreak, but some of the people working in the industry who are not following protocol, such as at the New England Compounding Center, NECC, at the center of the outbreak, reported NewsOK.com .

Oklahoma Protects the Public with Strict Regulations for Pharmacies

Loyd Allen, editor-in-chief of the International Journal of Pharmaceutical Compounding headquartered in Edmond, Okla., and a pharmacist of 50 years duration, has been active in helping the state’s legislators develop policy and regulations for pharmacies over the years. Regulations have been in place for 40 years requiring pharmacists practicing in Oklahoma to take continuing education classes in order to renew their licenses, long before most other states put the mandate into practice.

Air quality must be monitored in the state’s compounding pharmacies, and monitor specific parts of a facility for microorganisms. Allen explained to NewsOK.com that all the regulations would mean nothing if there weren’t inspectors to monitor facilities’ adherence to the standards. Allen also told the news source that had the U.S. Food and Drug Administration had closed the NECC in 2006 when poor adherence to sanitation standards was present, the current fungal meningitis outbreak would have been averted.

Why Do We Have Compounding Pharmacies?

In the 18th and 19th centuries, all pharmacies were compounding pharmacies; there were no pharmaceutical manufacturers. But as the population grew and the demand for prescription medications increased, pharmaceutical companies emerged and grew, reducing the need for the corner druggist to compound all his customer’s prescription drugs.

Allen explains though that as the big pharmaceutical companies grew and merged, there were some drugs still needed but no longer manufactured. Couple that with the growing number of medications for which there is a shortage each year, and you can see the continued need for compounding pharmacies.

A compounding pharmacy is regulated to manufacture, package and distribute medications prescribed by a physician for a particular patient. What NECC was doing, in addition to having unsanitary conditions, was manufacturing and distributing medications in mass quantities, overriding its licensure requirements.

Fungal Meningitis Outbreak 2012 Victim Count Continues to Rise

Oklahoma is not one of the 19 states that received shipments of NECC’s tainted drug to its outpatient facilities. Meanwhile, in states such as Michigan, Tennessee, Virginia and Florida, nearly 14,000 people exposed to potentially tainted spinal and joint injections wait and watch for symptoms that may or may not develop.

The case count for fungal meningitis is now 490, with 34 resultant deaths and 11 cases of peripheral joint infection.

A number of people who have developed the fungal infection are considering, or have already filed lawsuits, according to PRweb . Congress continues to delve into exactly how this public health disaster occurred and the FDA has asked for additional regulations to increase its authority over compounding pharmacies nationally.

Smack dab in the middle of the baby boomer generation, L.L. Woodard is a proud resident of “The Red Man” state. With what he hopes is an everyman’s view of life’s concerns both in his state and throughout the nation, Woodard presents facts and opinions based on common-sense solutions.

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Corporate China’s Black Hole of Debt

For China bulls, things are starting to look up. The property market has been showing signs of life, and October retail sales, investment, and industrial production have come in above forecasts. A manufacturing index also showed improvement, and exports increased 11.6 percent in October, the fastest pace in five months.

Yet one figure is going in the wrong direction: China’s corporate debt has risen from 108 percent of the entire economy last year to 122 percent in 2012, its highest level in 15 years, estimates GK Dragonomics, a Beijing-based economic consultancy. That makes China’s corporate sector one of the most debt-laden in the world. “Companies have seen their business slowing down and revenues were not what they had expected. They have bridged the gap by taking on more debt,” says GK Dragonomics Research Director Andrew Batson.

Key industries such as steel, construction machinery, aluminum, and coal are facing overcapacity, squeezed margins, and most alarmingly, debt. “That is dragging down corporate investment, and that matters for the overall economy,” says Louis Kuijs, chief China economist at Royal Bank of Scotland (RBS) in Hong Kong. “I don’t expect the uptick in growth to be very sharp.” He predicts fourth-quarter gross domestic product will rise 7.1 percent, below the average forecast of 7.7 percent in a Bloomberg survey of economists. Kuijs expects most companies to focus more on debt reduction than on building another plant or opening another mine.

Complicating matters is that many of the heavily indebted companies are state-owned, and the banks that lent to them are state-controlled, too. That means the government may have to pick up the tab if any of these companies is unable to manage its debt. The sudden bankruptcy of a giant state corporation would have political as well as financial consequences. This implicit government guarantee behind a portion of China’s corporate debt means the government’s actual obligations are likely higher than the 49 percent figure estimated by GK Dragonomics. Lump together corporate, public, and household debt, says the research firm, and you get a figure close to 206 percent of GDP.

One sign of how tough it is for companies is the return of a problem that plagued China in the 1990s: triangular debt. That’s when a manufacturer that hasn’t been paid for its product is unable to pay its suppliers, which in turn struggle to pay their suppliers. By Sept. 30, total accounts receivable—money owed for products already delivered—for China’s industrial companies had reached 8 trillion yuan ($ 1.3 trillion), up 16.5 percent from September 2011, according to the national statistics bureau. “China has already tipped over the precipice into a very bad debt crisis,” warns Anne Stevenson-Yang, co-founder of J Capital Research, a Beijing-based equities analysis firm.

The origin of this morass dates back to late 2008, when the country unleashed a massive wave of loans from its state-owned banks to the corporate sector. That stimulus helped Beijing avoid the major unemployment and dire downturn that afflicted much of the world. Hopes were that the surge in loans would be a temporary measure. Instead, China’s banks, trust companies, and other financing operations are on track this year to issue new credit equal to one-third of GDP, the fourth year in a row of such a sizable expansion, according to Fitch Ratings.

China’s banking assets will have grown by almost $ 14 trillion between 2008 and 2013 (Fitch includes an estimate of loans issued by the informal banking sector and offshore banks—data not included in Beijing’s official figures). “This is equivalent to replicating the entire U.S. commercial banking sector in just five years,” says Charlene Chu, head of Chinese bank ratings at Fitch, in a Nov. 8 note. “Rising leverage either will swamp borrowers’ ability to repay, or banks’ funding and capital needs will fall short of existing resources.”

Accounts are appearing in the Chinese press of litigation by companies that haven’t been paid. As of the end of September, a logistics unit of state-owned Anhui-based Maanshan Iron & Steel had filed 23 lawsuits for the recovery of money and goods it was owed, reported the official Xinhua News Agency. Maanshan announced on Oct. 8 that “the logistics company has become insolvent.” Maanshan did not respond to requests for comment.

In August, state media reported that China’s central bank, as well as various commissions and ministries, had launched an investigation to uncover the scale of corporate indebtedness among state and private companies. “The lurking debt risk, which once hit China in the 1990s, could take a huge toll on the real economy,” warned Xinhua on Oct. 28. At China’s top four listed steel companies, debt as a percentage of equity now averages 80 percent, with anything above 50 percent considered very high, says Helen Lau, senior analyst for metals and mining at UOB Kay Hian (UOBK), a Singapore-based securities company.

Any turnaround in the corporate sector will involve tackling overcapacity. Lau estimates that the steel industry has 900 million tons of productive capacity, some 200 million tons too much. Yet shuttering the excess production lines may not happen anytime soon. “All the big producers have strong backing from the state banks. That is why they have been adding new capacity. This is not a commercial decision but a political one,” says UOB’s Lau. It’s happening because “the government wants to boost local economies.”

One likely result: a jump in bad bank loans. Standard & Poor’s (MHP) is predicting that the portion of nonperforming loans will grow from about 2 percent of total bank lending at the end of 2011 to 3 percent by the end of the year. That could rise to 5 percent by yearend 2013, says S&P’s Liao Qiang, director of ratings for financial institutions in the Asia-Pacific region. “The challenge for China,” says GK Dragonomics’ Batson, “is to look for ways to not just mobilize vast amounts of money but to put their money in the right places.”

The bottom line: Total accounts receivable in China rose 16.5 percent, to $ 1.3 trillion, from a year ago, a worrying sign for companies.

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Man demoted for Facebook comments wins case

LONDON (AP) — Britain‘s High Court ruled Friday that a Christian was unfairly demoted for posting his opposition to gay marriage on Facebook.

Adrian Smith was stripped of his management position with the Trafford Housing Trust in northwest England and had his salary cut by 40 percent after posting that gay weddings in churches were “an equality too far.”

The trust said Smith broke its code of conduct by expressing religious or political views that might upset co-workers.

But High Court judge Michael Briggs ruled Friday that Smith had been “taken to task for doing nothing wrong” and found his employer guilty of breach of contract.

Smith said he was glad the court had backed the principle that “Britain is a free country where people have freedom of speech.”

And he received support from veteran gay rights and civil liberties campaigner Peter Tatchell, who said Smith’s employer had overreacted.

“In a democratic society, Adrian has a right to express his point of view, even if it is misguided and wrong,” Tatchell said.

Trafford Housing Trust chief executive Matthew Gardiner, said he “fully accepted” the court’s decision and had apologized to Smith, though it was not clear whether he would be reinstated.

In Britain, same-sex couples can currently form civil partnerships, which carry the same legal rights as marriage. The government wants to change the law to include gay marriage, a move opposed by many religious groups.

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Cablevision subscribers sue over Hurricane Sandy outages

LOS ANGELES (TheWrap.com) – Even as workers scramble to clean up the mess that Hurricane Sandy left in the Northeast two weeks ago, a legal mess is beginning to spill into the court system.

Cablevision subscribers Jeffery and Irwin Bard filed a class-action lawsuit against the cable provider in New York Supreme Court this week, seeking restitution for television, telephone and internet outages caused by Sandy, according to court papers obtained by TheWrap.

The suit, which alleges breach of contract and unjust enrichment, claims that Cablevision “continued to advertise falsely that it was providing services to its customers” even after the storm caused outages for its customers, and “could not restore services to many of its customers for days, or even weeks.”

Moreover, according to the complaint, Cablevision continued to issue bills for services it was unable to provide in the aftermath of the storm, and “instituted a secretive policy to offer ‘customer credits’ only to customers who affirmatively and actively demanded rebates on a discretionary basis,” rather than offer across-the-board rebates to its customers, even though it had access to which customers had lost power and for how long.

A spokesman for Cablevision told TheWrap that the lawsuit “misstates the facts and is without merit,” and that Cablevision has “an extremely broad and customer friendly credit policy following Sandy.”

“Blanket or arbitrary credits for cable outages could shortchange customers because each case is different and our policy covers the entire period of time when Cablevision service was out, including when the service interruption was caused by the loss of electrical power,” the spokesman said in a statement.

Cablevision does allow for customers to call and process their credit, or go to optimum.net/credit, where they can detail the period of their outage to receive credit.

The suit, filed Tuesday, seeks unspecified damages for each member of the class, plus attorneys’ fees and court costs, along with a permanent restraint barring Bethpage, N.Y.-based Cablevision from billing or invoicing customers when there’s a service outage of more than 24 hours.

(Pamela Chelin contributed to this report)

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Questions of Blame Linger 34 Years After Jonestown

From the age of 13, Leslie Wagner Wilson had been indoctrinated in the California-based Peoples Temple, led by the charismatic Jim Jones, whose mission was to foster racial harmony and help the poor.

But on Nov. 18, 1978, she and a handful of church members fought their way through thick jungle in the South American country of Guyana, escaping a utopian society gone wrong where followers were starved, beaten and held prisoner in the Jonestown compound.

She walked 30 miles to safety with her 3-year-old son, Jakari, strapped to her back and a smaller group of defectors. But just hours later, the mother, sister and brother and husband she left behind were dead.

“I was so scared,” said Wagner, now 55. “We exchanged phone numbers in case we died. I was prepared to die. I never thought I would see my 21st birthday.”

Today, on the 34th anniversary, Wilson said it’s important to remember the California-based Peoples Temple Jonestown massacre, especially the survivors who have wrestled with their consciences for decades.

PHOTOS: Jonestown Massacre Anniversary

Nine members of her family were among the 918 Americans who died that day, 909 of them ordered by Jones to drink cyanide-laced Kool-Aid in the largest ritual suicide in history.

Her husband, Joe Wilson, was one of Jones’ top lieutenants who helped assassinate congressman Leo Ryan and his press crew when they tried to free church members who were being held against their will.

After arriving back in the United States, Wilson said she “went through hell” — three failed marriages, drug use and suicidal thoughts she describes in her 2009 book, “Slavery of Faith.”

“I was like Humpty Dumpty, but you couldn’t put me back together again,” she said.

Survivors, many of them African-American like Wilson, say they felt guilt and shame and faced the most agonizing question surrounding the nation’s single largest loss of life until 9/11: Was it suicide or murder?

Full Coverage: Jonestown Massacre

In the now-famous “death tape,” supporters clapped and babies cried as Jones instructed families to kill the elderly first, then the youngest in protest against capitalism and racism. Mothers poisoned 246 children before taking their own lives.

“We really can’t understand the Peoples Temple without looking at the historical time period when it arose,” said Rebecca Moore, a professor of religious studies at San Diego State University.

“With the liberation movements of the ’60s and ’70s, the collapse of the black-power movement, the Peoples Temple was the main institution in the San Francisco Bay area that promoted a message of integration and racial equality.”

Moore lost her two sisters and her nephew, the son of Jim Jones. “They were hardcore believers,” she said of her siblings.

Jim Jones, who was white, came from a “wrong side of the tracks,” poor background in Indiana where in the 1950s he became known as a charismatic preacher with an affinity for African-Americans.

“A number of survivors, including those who defected, believe to this day he had paranormal abilities,” said Moore, who met him years later. “He could heal them and read their minds.”

In the 1960s, Jones moved to San Francisco, where at the height of the Peoples Temple there were about 5,000 members.

WATCH: A Look Back at Jonestown Massacre

“They wanted my parents to join,” she said. “Like most outsiders, we didn’t have any idea what was happening outside closed doors.”

Jones ingratiated himself with celebrities and politicians, mobilizing voters to help elect Mayor George Moscone in 1975 and becoming chairman of the city’s housing authority.

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