Doctor who admitted dealing drugs to get his license back

A West Hollywood psychiatrist who pleaded guilty to felony drug dealing after pills he prescribed turned up for sale on Craigslist will be able to get his medical license back in a year under an agreement announced Friday by the Medical Board of California.

The sanction, though harsh by board standards, allows Nathan Kuemmerle, 40, a former methamphetamine user, to treat patients again as soon as next February.

As a result of the criminal charges, Kuemmerle had lost his privilege to prescribe controlled substances and must apply to the U.S. Drug Enforcement Administration if he wants it restored. Kuemmerle agreed to undergo random drug testing, enroll in a physician ethics class and seek psychological counseling, among other conditions.

Kuemmerle was featured in a Dec. 30 Times report on the state's failure to use its vast prescription drug database to identify reckless prescribing by physicians.

In 2009, Kuemmerle was the state's most prolific prescriber of Adderall, a widely abused stimulant, records show. His prescribing drew scrutiny only after Redondo Beach narcotics detectives arrested a suspected drug dealer peddling Adderall pills on Craigslist. The suspect identified Kuemmerle as the source of the prescriptions.

Two months later, a second suspected drug dealer arrested in Arizona also pointed authorities to Kuemmerle. When drug agents checked the state's prescription drug database, known as CURES, they discovered that in 2009 Kuemmerle prescribed nearly four times as many of the highest-dose Adderall pills as the No. 2 doctor on the list, records show. Additionally, records show, he was the state's No. 2 prescriber of the most highly controlled narcotic painkillers.

Kuemmerle was arrested and pleaded guilty in 2011 to drug dealing and was sentenced to three years' probation.

Federal agents had alleged that Kuemmerle was selling prescriptions to people he had never seen, much less examined, records show. Kuemmerle wrote an average of 15 prescriptions per day for controlled substances over a four-year period, a figure a medical expert described as "remarkably high," records show.

Narcotics detectives said they were amazed that Kuemmerle was able to prescribe so many drugs undetected for so long, even though state authorities had access to a database that collected a record every time a pharmacy dispensed one.

Kuemmerle could not be reached for comment.

The types of drugs Kuemmerle prescribed are fueling an epidemic of overdose deaths that has drawn the attention of drug enforcement agencies, lawmakers and medical authorities. The response has largely focused on illicit sources of prescription drugs, such as pharmacy robberies and teens stealing from home medicine cabinets.

But a Times investigation of more than 3,700 prescription drug deaths in Southern California found that nearly half of the decedents had a doctor's prescription for one or more of the medications that caused or contributed to their deaths.

The U.S. Centers for Disease Control and Prevention has urged states to mine prescription drug monitoring databases to identify and stop reckless prescribers. At least six states do so. California does not.

lisa.girion@latimes.com

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Nintendo says it won’t cut Wii U price despite slumping sales

Nintendo (NTDOY) has a lot riding on its latest video game console, but sales have been slow thus far. Gamers have not responded to the bulky new GamePad controller, which could be considered the biggest point of differentiation on the Wii U. As a result, Nintendo recently slashed its sales outlook on Wii U consoles for the March quarter. Following some speculation that Nintendo might cut the price of the Wii U in an effort to bolster sales, the company confirmed alongside its third-quarter results that dropping the console’s price is not an option.

[More from BGR: BlackBerry doesn’t need to catch up with Android and iOS overnight, it needs to live to fight another day]

“With Wii U, we have taken a rather resolute stance in pricing it below its manufacturing cost, so we are not planning to perform a markdown,” the company said. “I would like to make this point absolutely clear. We are putting our lessons from Nintendo 3DS to good use, as I have already publicly stated. However, given that it has now become clear that we have not yet fully communicated the value of our product, we will try to do so before the software lineup is enhanced and at the same time work to enrich the software lineup which could make consumers understand the appeal of Wii U.”

[More from BGR: Mark Cuban unloads on American patent system, says bad patents are ‘crushing small businesses’]

Nintendo stands firm behind its new console, and the company says it will gain traction once consumers become more familiar with the new GamePad controller and other Wii U features.

This article was originally published on BGR.com

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Washington wins 3 trophies at NAACP Image Awards

LOS ANGELES (AP) — Kerry Washington was a triple threat at the NAACP Image Awards.

The star of ABC's "Scandal" picked up a trio of trophies at the 44th annual ceremony: outstanding actress in a drama series for "Scandal," supporting actress in a motion picture for "Django Unchained" and the President's Award, which is given in recognition of special achievement and exceptional public service.

"This award does not belong to me," said Washington, who plays a slave separated from her husband in "Django Unchained," as she picked up her first trophy of the evening for her role in the film directed by Quentin Tarantino. "It belongs to our ancestors. We shot this film on a slave plantation, and they were with us along every step of the way."

Washington, who plays crisis management consultant Olivia Pope on "Scandal," serves on President Barack Obama's Committee on the Arts and the Humanities.

Don Cheedle was awarded the outstanding actor in a comedy series trophy for his role as a slick management consultant in Showtime's "House of Lies."

"This doesn't belong just to me, but I am taking it home tonight," joked Cheedle.

A few winners weren't present at the Shrine Auditorium to pick up their trophies, including Denzel Washington for outstanding actor in a motion picture for "Flight," Viola Davis for outstanding actress in a motion picture for "Won't Back Down" and Omar Epps for supporting actor in a drama series for Fox's "House."

"Red Tails," the drama about the Tuskegee Airmen, was honored as outstanding motion picture.

"Look! I beat Quentin Tarantino," beamed "Red Tails" executive producer George Lucas as he accepted the award.

LL Cool J, who was honored as outstanding actor in a drama series for CBS' "NCIS: Los Angeles," dedicated his trophy to fellow nominee Michael Clarke Duncan, "The Green Mile" and "The Finder" actor who died last year.

"I wish his family well," said LL. "Let's give it up for him."

Gladys Knight sang during the in memoriam segment, but the beginning of her performance wasn't heard on the live NBC broadcast because of a technical glitch.

Sidney Poitier presented Harry Belafonte with the Spingarn Award, which honors outstanding achievement by an African American. His honor was followed by a serenade from Wyclef Jean and Common.

Other winners at the ceremony hosted by talk show host Steve Harvey included Loretta Devine as supporting actress in a drama series for "Grey's Anatomy," Cassi Davis as outstanding actress in a comedy series and Lance Gross as outstanding supporting actor in a comedy series for TBS' "Tyler Perry's House of Payne."

The Image Awards are presented annually by the National Association for the Advancement of Colored People, and the group's members select the winners.

___

Online:

http://www.naacpimageawards.net

___

Follow AP Entertainment Writer Derrik J. Lang on Twitter at http://www.twitter.com/derrikjlang

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Ferrol Sams, Doctor Turned Novelist, Dies at 90

Ferrol Sams, a country doctor who started writing fiction in his late 50s and went on to win critical praise and a devoted readership for his humorous and perceptive novels and stories that drew on his medical practice and his rural Southern roots, died on Tuesday at his home in Lafayette, Ga. He was 90.

The cause, said his son Ferrol Sams III, also a doctor, was that he was “slap wore out.”

“He lived a full life,” his son said. “He didn’t leave anything in the tank.”

Dr. Sams grew up on a farm in the rural Piedmont area of Georgia, seven mud-road miles from the nearest town. He was a boy during the Depression; books meant escape and discovery. He read “Robinson Crusoe,” then Mark Twain and Charles Dickens. One of his English professors at Mercer University, in Macon, suggested he consider a career in writing, but he chose another route to examining the human condition: medical school.

When he was 58 — after he had served in World War II, started a medical practice with his wife, raised his four children and stopped devoting so much of his mornings to preparing lessons for Sunday school at the Methodist church — he began writing “Run With the Horsemen,” a novel based on his youth. It was published in 1982.

“In the beginning was the land,” the book begins. “Shortly thereafter was the father.”

In The New York Times Book Review, the novelist Robert Miner wrote, “Mr. Sams’s approach to his hero’s experiences is nicely signaled in these two opening sentences.”

He added: “I couldn’t help associating the gentility, good-humored common sense and pace of this novel with my image of a country doctor spinning yarns. The writing is elegant, reflective and amused. Mr. Sams is a storyteller sure of his audience, in no particular hurry, and gifted with perfect timing.”

Dr. Sams modeled the lead character in “Run With the Horsemen,” Porter Osborne Jr., on himself, and featured him in two more novels, “The Whisper of the River” and “When All the World Was Young,” which followed him into World War II.

Dr. Sams also wrote thinly disguised stories about his life as a physician. In “Epiphany,” he captures the friendship that develops between a literary-minded doctor frustrated by bureaucracy and a patient angry over past racism and injustice.

Ferrol Sams Jr. was born Sept. 26, 1922, in Woolsey, Ga. He received a bachelor’s degree from Mercer in 1942 and his medical degree from Emory University in 1949. In his addition to his namesake, survivors include his wife, Dr. Helen Fletcher Sams; his sons Jim and Fletcher; a daughter, Ellen Nichol; eight grandchildren; and nine great-grandchildren.

Some critics tired of what they called the “folksiness” in Dr. Sams’s books. But he did not write for the critics, he said. In an interview with the Georgia Writers Hall of Fame, Dr. Sams was asked what audience he wrote for. Himself, he said.

“If you lose your sense of awe, or if you lose your sense of the ridiculous, you’ve fallen into a terrible pit,” he added. “The only thing that’s worse is never to have had either.”

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Making his own waves

The gig: Steve Pezman and his wife, Debbee, quit key roles at Surfer magazine in 1992 to try to create a National Geographic for wave-riding grown-ups. As other surf pubs focus on big-bucks competitions and apparel ads, the Surfer's Journal still runs long stories and lavish photo spreads celebrating surf history, lore and lifestyle. Published six times annually, sold in surf shops for $15.95 a pop and to subscribers for $63 a year, the magazine runs just six ads in each 128-page edition. Total circulation: 30,000.

Personal: Pezman, 71, took to the waves in the 1950s when his family moved from Brentwood to Long Beach. He got his first surfboard in 1957, two years before the movie "Gidget" created a surf craze. Pezman rode big waves on Oahu's North Shore in 1962. He was a Huntington Beach board shaper in the late 1960s when he began writing magazine articles. Twin sons Shaun and Tyler, 25, are accomplished recreational surfers. Steve and Debbee are major supporters of a Costa Mesa soup kitchen that her mother opened 25 years ago; Someone Cares serves 300 meals a day to homeless and low-income people.

Giant break: "I fell into the publisher's chair at Surfer when the founder, John Severson, sold to a holding company and looked around for a replacement in 1970. It got down to me being convenient, and I made the best of it, with an already staffed 10-year-old surf magazine propping me up until I learned the ropes. The surfboard ad-based surf market had slumped during Vietnam when I stepped in. Then the lifestyle surf-clothing boom started growing right under me, so I was suddenly the golden boy to the new owners."

Inside info: Debbee, 58, Pezman's second wife, is "the systems designer, marketing, people person who really runs the business. I was and am more about the content and our unique relationship surfer-to-surfer with our readers." Their staff of 16, not all full time, includes son Shaun, who has a business degree from San Diego State and manages finances. Son Tyler "is a welder, ceramicist, painter, sculptor who currently works for a civilian defense contractor, working on hovercraft at Camp Pendleton, where he keeps an eye on the surf." Other key players include photo editor Jeff Divine, 61; editor Scott Hulet, 51; and designer Jeff Girard, 60. But a new wave of 20-somethings are "phasing in, as we older ones are phasing out."

It's a trip: At Surfer, Pezman interviewed psychedelic guru Timothy Leary, who saw humans "evolving to become purely aesthetic beings ... surfing across the universe on cosmic waves. Leary saw surfers as the throw-aheads of mankind, in that we already had figured out that the dance was the object of the game rather than gathering and guarding more acorns than we could eat."

On his 21,000 subscribers: "Our business is based on making it for $5 and selling it for $10, like the book business, but selling subscriptions instead of single copies. Magazines typically make it for $5, sell it for $3, and have ad revenue overcome the loss. Readers buy the Journal for an unusually high price in return for an unusually high level of content. The revenue we receive from our [advertising] sponsors is important but secondary, and if we had to, we could live without it. The sponsors are mostly big businesses that are run by surfers, and their support of the soul of surfing exhibits that their own soul is still alive."

On plans to eventually sell the magazine and retire: "These things are like living organisms and you keep feeding them and changing their diapers long after they've grown up. If properly parented, they can and should be able to thrive without Mommy and Daddy hovering over them."

scott.reckard@latimes.com

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Cardinal Mahony relieved of duties over handling of abuse

In a move unprecedented in the American Catholic Church, Los Angeles Archbishop Jose Gomez announced Thursday that he had relieved his predecessor, Cardinal Roger M. Mahony, of all public duties over his mishandling of clergy sex abuse of children decades ago.

Gomez also said that Auxiliary Bishop Thomas J. Curry, who worked with Mahony to conceal abusers from police in the 1980s, had resigned his post as a regional bishop in Santa Barbara.

The announcement came as the church posted on its website tens of thousands of pages of previously secret personnel files for 122 priests accused of molesting children.

"I find these files to be brutal and painful reading. The behavior described in these files is terribly sad and evil," Gomez wrote in a letter addressed to "My brothers and sisters in Christ."

The release of the records and the rebuke of the two central figures in L.A.'s molestation scandal signaled a clear desire by Gomez to define the sexual abuse crisis as a problem of a different era — and a different archbishop.

"I cannot undo the failings of the past that we find in these pages. Reading these files, reflecting on the wounds that were caused has been the saddest experience I've had since becoming your Archbishop in 2011," Gomez wrote.

The public censure of Mahony, whose quarter-century at the helm of America's largest archdiocese made him one of the most powerful men in the Catholic Church, was unparalleled, experts said.

"This is very unusual and shows really how seriously they're taking this. To tell a cardinal he can't do confirmations, can't do things in public, that's extraordinary," said the Rev. Thomas Reese, a Jesuit priest and Georgetown University fellow.

An archdiocese spokesman, Tod Tamberg, said that beyond canceling his confirmation schedule, Mahony's day-to-day life as a retired priest would be largely unchanged. He resides at a North Hollywood parish, and Tamberg said he would remain a "priest in good standing." He can continue to celebrate Mass and will be eligible to vote for pope until he turns 80 two years from now, Tamberg said.

The move further stained the legacy of Mahony, a tireless advocate for Latinos and undocumented immigrants whose reputation has been marred over the last decade by revelations about his treatment of sex abuse allegations.

Before Gomez's announcement, Mahony had weathered three grand jury investigations and numerous calls for his resignation. He stayed in office until the Vatican's mandatory retirement age of 75. No criminal charges have been filed against Mahony or anyone in the church hierarchy.

Terrence McKiernan, president of bishopaccountability.org, said that in a religious institution that values saving face and protecting its own, Gomez's decision to publicly criticize an elder statesman of the church and his top aide was striking.

"Even when Cardinal [Bernard] Law was removed in Boston, which was arguably for the same offenses, this kind of gesture was not made," he said.

Law left office in 2002 amid mounting outrage over his transfer of pedophile priests from parish to parish, but the church presented his departure as of his own accord and he was later given a highly coveted Vatican job in Rome.

Bishop Thomas J. O'Brien of Phoenix relinquished some of his authority in a deal with prosecutors to avoid criminal charges for his handling of abuse cases, but he kept his title and many of his duties. A Kansas City bishop convicted last year of failing to report child abuse retained his position.

The Rev. Thomas Doyle, a canon lawyer and Dominican priest who has testified across the nation as an expert witness in clergy sex abuse cases, said the Vatican would have "absolutely" been consulted on a decision of this magnitude.

"This is momentous, there is no question," he said. "For something like this to happen to a cardinal.... The way they treat cardinals is as if they're one step below God."

Gomez's decision capped a two-week period in which the publication of 25-year-old files fueled a new round of condemnation of the L.A. archdiocese. The files of 14 clerics accused of abuse became public in a court case last Monday. They laid out in Mahony and Curry's own words how the church hierarchy had plotted to keep law enforcement from learning that children had been molested at the hands of priests.

To stave off investigations, Mahony and Curry gave priests they knew had abused children out-of-state assignments and kept them from seeing therapists who might alert authorities.

Mahony and Curry both issued apologies, with the cardinal saying he had not realized the extent of harm done to children until he met with victims during civil litigation. "I am sorry," he said.

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BlackBerry World is off to a decent start, but it’s missing some big-name apps

When BlackBerry (RIMM) announced that more than 70,000 BlackBerry 10 applications would be available when its new platform launched, users were ecstatic. That big number was too good to be true, unfortunately, as we and many others noticed in our time spent with the BlackBerry Z10. While the app store includes some big names such as Rovio’s Angry Birds and various titles from Electronic Arts (EA) and Gameloft, it still leaves much to be desired. The company is said to be “in talks” to bring popular apps such as Netflix (NFLX) and Instagram to the platform but nothing is certain. Despite all of this, BlackBerry has announced that more than 1,000 of the top app developers are developing for BlackBerry 10.

“Being able to announce 1000 of the top app partners is a testament to the strength of BlackBerry 10, the ease of developing for this powerful new platform, and the remarkable opportunity that it represents for developers and brands alike,” said Martyn Mallick, BlackBerry’s VP of global alliances and business development. “We have focused on bringing the most relevant apps to BlackBerry 10 – whether they are global leaders in their categories, or whether they are regional must-have apps. We are thrilled and want to thank all the developers that have shown such strong support of a platform before it has commercially launched. We share in their excitement and belief in BlackBerry 10.”

Some of the big-name apps that aren’t available on BlackBerry 10 include YouTube, Pandora, Spotify, Hulu and perhaps most importantly, Google Maps.

BlackBerry’s press release follows below.

BlackBerry 10 Customers Will Have a Great Selection of Top Apps in Every Category
BlackBerry welcomes more than 1000 of the top app partners with relevant, local content from every region of the globe

WATERLOO, ONTARIO–(Marketwire – Jan. 31, 2013) – A phenomenal lineup of top brands and applications have committed to the BlackBerry(R) 10 platform, giving the new platform the strongest content offering of any first generation mobile platform at launch. Yesterday at the BlackBerry 10 launch event in New York, BlackBerry(R) (NASDAQ:RIMM)(TSX:RIM) announced that 1,000 of the top app partners will be making their applications available on the BlackBerry(R) World(TM) storefront. The partners range from leaders in social media to the top games, sports, productivity, lifestyle apps, and more.

BlackBerry Vice President of Global Alliances and Business Development, Martyn Mallick took to the stage yesterday to showcase some of applications committed to BlackBerry 10, and attendees were able to play with some of the applications for the new platform.

“Being able to announce 1000 of the top app partners is a testament to the strength of BlackBerry 10, the ease of developing for this powerful new platform, and the remarkable opportunity that it represents for developers and brands alike,” said Mallick. “We have focused on bringing the most relevant apps to BlackBerry 10 – whether they are global leaders in their categories, or whether they are regional must-have apps. We are thrilled and want to thank all the developers that have shown such strong support of a platform before it has commercially launched. We share in their excitement and belief in BlackBerry 10.”

Here are just some of the apps and games committed to BlackBerry 10. Many of these apps will be available at launch with others to follow:

Business and Productivity
– Bloomberg, BMC Service Desk & Remedy, Box, Cisco WebEx Meetings, Citrix Podio, CNBC, Dictionary.com, Emirates NBD, Harmon.ie, IBM Notes, Traveler, ING DIRECT Canada, Nat West, RBC, RBS, SAP, TD Bank Group and Thomson Reuters

Gaming
- 10tons: Sparkle, Joining Hands, Azkend, King Oddball, Azkend2, Ironworm, Dragon Portal and Boom Brigade 2
- Disney Mobile Games: Where’s My Water? and Where’s My Perry?
– Electronic Arts: A great selection of their top games including, Mass Effect(TM) Infiltrator, Flight Control Rocket, The Sims(TM) FreePlay and MONOPOLY Millionaire
– Fishlabs: Galaxy on Fire
– Funkoi: Alpha Zero
– Gameloft: A great selection of their top games, including Asphalt 7:Heat, The Amazing Spider-Man(TM), Modern Combat 4: Zero Hour, The Dark Knight Rises(TM)
– Halfbrick: Jetpack Joyride, Fruit Ninja
– JoyBits: Doodle God & Doodle Devil
– Rovio: Angry Birds Classic, Angry Birds Star Wars, Angry Bids Space and Angry Birds Seasons
– Square One Games: Square One and InXile
– SEGA: Sonic4(TM) Episode 1
– ZeptoLab- Cut the Rope, Cut the Rope: Experiments
Lifestyle
– AccuWeather, Air Canada, Air France, DStv Mobile, Dr. Oetker Rezeptideen, Easyjet, FlightAware, Flixster, KLM, Manulife Financial, President’s Choice Recipe Box, SkyScanner, Spotcast, StubHub, The Weather Channel, The Weather Network, Tim Hortons TimmyMe(TM), United Airlines, Wikitude, WisePilot, Yellow Pages Group and Zara

Multimedia
– Absolute Radio, Al Jazeera, Allocine, Astral Radio, BBC Worldwide- Top Gear, BubblePix, Channel 4, Corus Entertainment- Radio, Deezer, E! Online, eMusic, Europe 1, Kiss Kube, MTV Italia, Nobex Radio, NOS, N-TV Nachrichten, Occipital 360 Panorama, OxygenLive, Pacemaker, PaperCamera, Rdio, Shahid.net, SiriusXM, Slacker, Songza, SoundHound, TuneIn, and Volu.me
Published Media
– AFP News, Amazon Kindle, CBC (News, Radio, Music, Hockey Night in Canada), Economist, elmundo.es, El Pais, Grazia Italy, Handlesbaltt, kicker, Leo Dictionary, MailOnline, Maxim, News24, New York Times, NU.nl, PressReader, The Globe and Mail, The Guardian, The Independent, The London Evening Standard, USA Today, The Wall Street Journal and Wirtschaftswoche
Social
– Badoo, Facebook, Foursquare, LinkedIn, ooVoo, Skype, Tuenti Social Messenger, Twitter, Viber, Whatsapp and Xing
Sports
CBSSports.com, ESPN ScoreCenter, Goal.com, L’equipe, Maple Leaf Sports & Entertainment’s Maple Leafs Mobile App and Raptors Mobile App, MLB.com At Bat(R), NHL GameCenter, PGA Tour, Runtastic, Sports Tracker and UFC

Continuing to build out a rich and robust content offering for BlackBerry 10 customers, on January 28, BlackBerry announced content partnerships with leading music labels, movie studios and TV broadcasters making BlackBerry World a one stop shop for all app, games and multimedia content for BlackBerry 10.

Gadgets News Headlines – Yahoo! News

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Appeals judges: Anti-paparazzi law appears legal

LOS ANGELES (AP) — An appeals panel says California's anti-paparazzi statute appears to be constitutional based on a brief filed by prosecutors.

A preliminary statement by three judges in Los Angeles requires a judge who dismissed charges aimed at a paparazzo who authorities say was driving recklessly to review his order. The judge may stick to his ruling, which would trigger a full appeal, or he could schedule further arguments on the case against freelance photographer Paul Raef.

Raef was the first person charged under the new law after a high-speed chase involving Justin Bieber last year.

Superior Court Judge Thomas Rubinson dismissed two charges in November, ruling the law is too broad and is unconstitutional.

Raef's attorney David S. Kestenbaum says he is asking Rubinson to stand by his ruling and allow a full appeal.

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During Trial, New Details Emerge on DuPuy Hip

When Johnson & Johnson announced the appointment in 2011 of an executive to head the troubled orthopedics division whose badly flawed artificial hip had been recalled, the company billed the move as a fresh start.

But that same executive, it turns out, had supervised the implant’s introduction in the United States and had been told by a top company consultant three years before the device was recalled that it was faulty.

In addition, the executive also held a senior marketing position at a time when Johnson & Johnson decided not to tell officials outside the United States that American regulators had refused to allow sale of a version of the artificial hip in this country.

The details about the involvement of the executive, Andrew Ekdahl, with the all-metal hip implant emerged Wednesday in Los Angeles Superior Court during the trial of a patient lawsuit against the DePuy Orthopaedics division of Johnson & Johnson. More than 10,000 lawsuits have been filed against DePuy in connection with the device — the Articular Surface Replacement, or A.S.R. — and the Los Angeles case is the first to go to trial.

The information about the depth of Mr. Ekdahl’s involvement with the implant may raise questions about DePuy’s ability to put the A.S.R. episode behind it.

Asked in an e-mail why the company had promoted Mr. Ekdahl, a DePuy spokeswoman, Lorie Gawreluk, said the company “seeks the most accomplished and competent people for the job.”

On Wednesday, portions of Mr. Ekdahl’s videotaped testimony were shown to jurors in the Los Angeles case. Other top DePuy marketing executives who played roles in the A.S.R. development are expected to testify in coming days. Mr. Ekdahl, when pressed in the taped questioning on whether DePuy had recalled the A.S.R. because it was unsafe, repeatedly responded that the company had recalled it “because it did not meet the clinical standards we wanted in the marketplace.”

Before the device’s recall in mid-2010, Mr. Ekdahl and those executives all publicly asserted that the device was performing extremely well. But internal documents that have become public as a result of litigation conflict with such statements.

In late 2008, for example, a surgeon who served as one of DePuy’s top consultants told Mr. Ekdahl and two other DePuy marketing officials that he was concerned about the cup component of the A.S.R. and believed it should be “redesigned.” At the time, DePuy was aggressively promoting the device in the United States as a breakthrough and it was being implanted into thousands of patients.

“My thoughts would be that DePuy should at least de-emphasize the A.S.R. cup while the clinical results are studied,” that consultant, Dr. William Griffin, wrote.

A spokesman for Dr. Griffin said he was not available for comment.

The A.S.R., whose cup and ball components were both made of metal, was first sold by DePuy in 2003 outside the United States for use in an alternative hip replacement procedure called resurfacing. Two years later, DePuy started selling another version of the A.S.R. for use here in standard hip replacement that used the same cup component as the resurfacing device. Only the standard A.S.R. was sold in the United States; both versions were sold outside the country.

Before the device recall in mid-2010, about 93,000 patients worldwide received an A.S.R., about a third of them in this country. Internal DePuy projections estimate that it will fail in 40 percent of those patients within five years; a rate eight times higher than for many other hip devices.

Mr. Ekdahl testified via tape Wednesday that he had been placed in charge of the 2005 introduction of the standard version of the A.S.R. in this country. Within three years, he and other DePuy executives were receiving reports that the device was failing prematurely at higher than expected rates, apparently because of problems related to the cup’s design, documents disclosed during the trial indicate.

Along with other DePuy executives, he also participated in a meeting that resulted in a proposal to redesign the A.S.R. cup. But that plan was dropped, apparently because sales of the implant had not justified the expense, DePuy documents indicate.

In the face of growing complaints from surgeons about the A.S.R., DePuy officials maintained that the problems were related to how surgeons were implanting the cup, not from any design flaw. But in early 2009, a DePuy executive wrote to Mr. Ekdahl and other marketing officials that the early failures of the A.S.R. resurfacing device and the A.S.R. traditional implant, known as the XL, were most likely design-related.

“The issue seen with A.S.R. and XL today, over five years post-launch, are most likely linked to the inherent design of the product and that is something we should recognize,” that executive, Raphael Pascaud wrote in March 2009.

Last year, The New York Times reported that DePuy executives decided in 2009 to phase out the A.S.R. and sell existing inventories weeks after the Food and Drug Administration asked the company for more safety data about the implant.

The F.D.A. also told the company at that time that it was rejecting its efforts to sell the resurfacing version of the device in the United States because of concerns about “high concentration of metal ions” in the blood of patients who received it.

DePuy never disclosed the F.D.A. ruling to regulators in other countries where it was still marketing the resurfacing version of the implant.

During a part of that period, Mr. Ekdahl was overseeing sales in Europe and other regions for DePuy. When The Times article appeared last year, he issued a statement, saying that any implication that the F.D.A. had determined there were safety issues with the A.S.R. was “simply untrue.” “This was purely a business decision,” Mr. Ekdahl stated at that time.

This article has been revised to reflect the following correction:

Correction: February 1, 2013

A headline on Thursday about a patient lawsuit against DePuy Orthopaedics, a unit of Johnson & Johnson, misstated the start of the trial in some copies. It began last week, not on Wednesday.

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Hackers target Western news organizations in China

More than 30 journalists and executives at Western news organizations in China, including the New York Times and the Wall Street Journal, have had their computers hacked, according to the news organizations and a security firm that monitors such attacks.

Over the last four months, the hackers managed to infiltrate the Times' computers, the newspaper reported Thursday. It said hackers had penetrated its computers and obtained passwords for reporters and other employees.

The hackers have been blocked and security tightened to prevent another attack, which followed an investigation by the paper into finances of relatives of Wen Jiabao, China's premier.

Mandiant Corp., a security firm brought into the case by the Times, said it found that hackers using techniques associated with the Chinese military stole emails, contacts and files from 30 journalists and executives and maintained a short list of journalists whose accounts have been repeatedly attacked.

That finding, first reported in the New York Times, was part of a December report that was expected to be made public soon, a Mandiant spokeswoman said Thursday.

The Wall Street Journal said that it too had been targeted by Chinese hackers.

Paula Keve, spokeswoman for the Journal's parent company, Dow Jones & Co., said: "Evidence shows that infiltration efforts target the monitoring of the Journal's coverage of China, and are not an attempt to gain commercial advantage or to misappropriate customer information."

Bloomberg News was targeted as well — after it published an article June 29 about the wealth of relatives of Xi Jinping, the current general secretary of the Communist Party and the person expected to become president in March. No computer breach took place.

"Our security was not compromised," Ty Trippet, a spokesman for Bloomberg, said Thursday.

"Newspapers and journalists are high-value targets," said James Lewis, a senior fellow at the Center for Strategic and International studies. "They have really good sources, and they don't publish everything."

But they are just one target in many. Cyber-security experts say the United States has become increasingly vulnerable to foreign hackers who could target the nation's power grid, gas pipelines and other crucial infrastructure.

Those same hackers routinely and aggressively break into a wide range of corporate America's computers, including those of oil and financial companies.

Yet corporations have blocked legislation on Capitol Hill that would require higher standards to protect against breaches, saying it would be too costly and burdensome.

The full extent of how deeply hackers have penetrated into corporate America is not known. Companies are usually reluctant to talk publicly about attacks or to share information with the government.

"We know that every Fortune 500 company has had a problem, and probably every Fortune 1,000 company has had a problem too," Lewis said.

High-profile attacks like the ones that targeted Internet search giant Google Inc. three years ago may make it seem as if computer networks in the U.S. are under rising attack, but Lewis said networks are just under "sustained" attack.

"It's as bad as it can be. What's happening is that people are noticing it. That's a big change," Lewis said. "Four years ago nobody could spell cyber-security. Now everyone's waking up to the fact that the networks we depend on are totally insecure."

Cybersecurity experts said they are optimistic that the U.S. government is developing a cyber arsenal capable of repelling attacks.

Alan Paller, director of research at the SANS Institute, said the Defense Department has a growing ability to defend against sophisticated attacks — to protect crucial infrastructure and the Defense Department itself. It also has developed a "cyber offense," the ability to "project power" and to carry out sophisticated attacks itself, Paller said.

The hackers routed their attacks through computers at U.S. universities, according to the New York Times. Hackers installed malicious software that allowed them to enter the newspaper's computers. The software, known as malware, was "identified by computer security experts as a specific strain associated with computer attacks originating in China," the newspaper said.

Chinese officials denied they were responsible.

"Chinese laws prohibit any action including hacking that damages Internet security," China's Ministry of National Defense told the New York Times. It added: "To accuse the Chinese military of launching cyber attacks without solid proof is unprofessional and baseless."

Eileen M. Murphy, the Times' vice president for corporate communications, said Thursday the newspaper stood by the story.

michael.muskal@latimes.com

jessica.guynn@latimes.com

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Man behind Manti Te'o hoax wants to 'heal'

The 22-year-old Palmdale man who created Manti Te'o's fake girlfriend broke his silence for the first time, saying he perpetrated the elaborate hoax to build a relationship with the football star.

Ronaiah Tuiasosopo pretended to be Te'o's girlfriend, Lennay Kekua, for months, communicating on the phone and through social media. Tuiasosopo went so far as to disguise his voice to sound like a woman's when he spoke to Te'o on the phone, his attorney, Milton Grimes, said in an interview with The Times.

Grimes said his client decided to come clean about the hoax in an attempt to "heal."

"He knows that if he doesn't come out and tell the truth, it will interfere with him getting out of this place that he is in," Grimes said.

TV talk show host Dr. Phil McGraw, who spoke with Tuiasosopo for an interview set to air this week, described the 22-year-old as "a young man that fell deeply, romantically in love" with Te'o. McGraw, speaking on the "Today" show, said he asked Tuiasosopo about his sexuality, and Tuiasosopo said he was "confused."

In a short clip of the "Dr. Phil" interview, Tuiasosopo told McGraw that he wanted to end his relationship with Te'o because he "finally realized that I just had to move on with my life."

"There were many times where Manti and Lennay had broken up before," Tuiasosopo said. "They would break up, and then something would bring them back together, whether it was something going on in his life or in Lennay's life — in this case, in my life."

Tuiasosopo's comments add another twist to a story so bizarre that reporters from across the country have converged on Tuiasosopo's home in the Antelope Valley. News of the hoax was first reported earlier this month on the website Deadspin.com.

Tuiasosopo, the report said, was the mastermind behind the hoax and used photos from an old high school classmate and social media to connect Kekua with Te'o.

During the college football season, Te'o repeatedly spoke to the media, including The Times, about his girlfriend, the car accident that left her seriously injured and the leukemia that led to her September death. The tale became one of the most well-known sports stories of the year as Te'o led his team to an undefeated season and championship berth.

Te'o has denied any role in the ruse, saying he spent hours on the phone with a woman he thought was Kekua.

Those who know Tuiasosopo said they were baffled when they first learned of his involvement in the hoax. Neighbors and former high school coaches described him as popular, faith-driven and family-oriented.

"I've done a lot of thinking about it," Jon Fleming, Tuiasosopo's former football coach at Antelope Valley High, said in the days after the ruse was revealed. "It's all speculation. He's goofy just like any other kid. The question that comes up in my mind is: 'What could he possibly gain from doing something like this?' It would really surprise me. What would he gain?"

Te'o said in an interview with ESPN that Tuiasosopo called to apologize for the hoax.

"I hope he learns," Te'o said. "I hope he understands what he's done. I don't wish an ill thing to somebody. I just hope he learns. I think embarrassment is big enough."

Diane O'Meara, the Long Beach woman whose photos were used to represent the fake girlfriend, said in an interview with The Times that Tuiasosopo was a high school classmate.

She said he repeatedly asked her for photos and videos of herself.

O'Meara, 23, said that during a six-day period in December, Tuiasosopo contacted her through social media, texting and phone calls about 10 times, asking her to send a photo of herself. Then, after she sent the photo, in part to "get this guy off my back," she said Tuiasosopo messaged her asking for a video clip or another photo.

By that time, his requests were "kind of annoying, kind of pestering," O'Meara said.

Tuiasosopo is seeing a medical professional and "feels as though he needs therapy," Grimes said.

"Part of that therapy is to … tell the truth," he added. "He did not intend to harm [Te'o] in any way. It was just a matter of trying to have a communication with someone."

Grimes said he warned his client that he could face legal consequences for admitting that he falsified his identity on the Internet. But Tuiasosopo insisted that going public was something he had to do.

"This is part of my public healing," Grimes quoted Tuiasosopo as saying.

matt.stevens@latimes.com

ann.simmons@latimes.com

kate.mather@latimes.com

Times staff writers Kevin Baxter and Lance Pugmire contributed to this report.

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Facebook’s mobile ad revenue doubles in fourth quarter

SAN FRANCISCO (Reuters) – Facebook Inc doubled its mobile advertising revenue in the fourth quarter, a sign that the No.1 social network is seeing early success in expanding onto handheld devices as more of its users migrate to smartphones and tablets.

Investors want to see evidence that CEO Mark Zuckerberg‘s 8-year-old company is delivering on promises to develop a full-fledged mobile advertising business, a challenge facing many of today’s technology leaders including Google Inc.

But the growth trailed some of Wall Street‘s most aggressive estimates. Shares of Facebook were down roughly 3 percent at $ 30.21 in after-hours trading on Wednesday, regaining ground after falling more than 8 percent immediately after the numbers were released.

Mobile revenue estimates among some analysts and investors were unreasonably high, said Sterne, Agee & Leach analyst Arvind Bhatia.

“As a result the stock was set up for disappointment,” he said. Overall, he said, Facebook’s results were encouraging.

The company’s overall advertising business grew at its fastest clip since before its May initial public offering, helping the company’s revenue expand 40 percent and surpass Wall Street targets.

Facebook has rolled out a wide variety of new services in recent months as the company seeks to stay ahead in the fast-moving Web market and to convince Wall Street that it can turn its audience of more than 1 billion users into a sustainable business.

Zuckerberg said the company plans to spend heavily to recruit talent in 2013 as the company pushes forward with new product development, particularly “mobile-first” services.

“We aren’t operating to maximize our profit this year but we’re doing what we think will build the best service and business over the long term,” Zuckerberg said during a conference call with analysts on Wednesday.

The strategy makes sense for an Internet company, said Stifel Nicolaus Jordan Rohan. But it will force Wall Street analysts to “ratchet down” their profit expectations.

“The conference call was a bit of a sobering event,” said Rohan. “The company advised analysts and investors to expect lower margins, and downplayed the near-term opportunity for revenues from Gifts,” Facebook’s recently-launched online commerce service.

FUTURE OPPORTUNITIES

Facebook shares, which lost more than half their value following a rocky IPO, have regained ground in recent months as concerns about its mobile ad business and insider selling have eased. Shares have surged roughly 60 percent since mid-November.

Zuckerberg said that recently introduced products such as Gifts, which allows Facebook users to purchase retail goods for their friends, as well as its new social search tool could become important businesses in the future. But in the near term he said that Facebook’s advertising efforts will be the core of its business.

The number of monthly active users on the social network reached 1.06 billion at the end of last year, with 618 million daily active users, Facebook said. But much of that growth again came from emerging markets like Asia, rather than the United States or Europe, where revenue per user is several times higher. For instance, average revenue per user is $ 13.58 for the United States and Canada, but just $ 2.35 in Asia.

Overall fourth-quarter revenue came to $ 1.585 billion, up 40 percent versus $ 1.131 billion a year earlier. Analysts were looking for revenue of $ 1.53 billion.

Executives said some revenue from its payments business dating back to September 2012 had been booked in the October-December quarter, inflating the number somewhat. Excluding those deferred sales, overall revenue would have been up just 34 percent in the quarter.

But it was the fledgling mobile business that dominated Wednesday’s discussion on the call. Finance Chief David Ebersman said Facebook had “basically doubled” mobile ad revenue from the third quarter to the fourth quarter.

“Two quarters ago we really had no mobile revenue,” Ebersman told Reuters in an interview. “In the course of a pretty short period of time, we’ve dramatically ramped up our ability to monetize mobile.”

Facebook said net income in the fourth quarter was $ 64 million, or 3 cents a share, compared to $ 302 million, or 14 cents a share a year earlier.

Excluding certain items, Facebook said it earned 17 cents a share, compared to the 15 cents a share expected by analysts polled by Thomson Reuters I/B/E/S.

Facebook expects expenses — excluding stock-based compensation for employees — to jump 50 percent in 2013, likely outpacing revenue growth. Capital investments may climb to $ 1.8 billion, up 14 percent from last year’s $ 1.575 billion.

“They’re going to have to continue to develop new products, which will cost them,” said Bhatia of Sterne, Agee & Leach.

But he said, “the market would be less happy if they were not finding enough opportunities.”

(Reporting by Alexei Oreskovic; Editing by Phil Berlowitz and Ryan Woo)

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Patty Andrews of Andrews Sisters rallied troops

LOS ANGELES (AP) — Patty Andrews never served in the military, but she and her singing sisters certainly supported the troops.

During World War II, they hawked war bonds, entertained soldiers overseas and boosted morale on the home-front with tunes like "Boogie Woogie Bugle Boy of Company B" and "I Can Dream, Can't I?"

Andrews, the last surviving member of the singing Andrews Sisters trio, died Wednesday at 94 of natural causes at her home in the Los Angeles suburb of Northridge, said family spokesman Alan Eichler in a statement.

"When I was a kid, I only had two records and one of them was the Andrews Sisters. They were remarkable. Their sound, so pure," said Bette Midler, who had a hit cover of "Bugle Boy" in 1973. "Everything they did for our nation was more than we could have asked for. This is the last of the trio, and I hope the trumpets ushering (Patty) into heaven with her sisters are playing 'Boogie Woogie Bugle Boy.'"

Patty was the Andrews in the middle, the lead singer and chief clown, whose raucous jitterbugging delighted American servicemen abroad and audiences at home.

She could also deliver sentimental ballads like "I'll Be with You in Apple Blossom Time" with a sincerity that caused hardened GIs far from home to weep.

From the late 1930s through the 1940s, the Andrews Sisters produced one hit record after another, beginning with "Bei Mir Bist Du Schoen" in 1937 and continuing with "Beat Me Daddy, Eight to the Bar," ''Rum and Coca-Cola" and more. They recorded more than 400 songs and sold over 80 million records.

Other sisters, notably the Boswells, had become famous as singing acts, but mostly they huddled before a microphone in close harmony. The Andrews Sisters — LaVerne, Maxene and Patty — added a new dimension. During breaks in their singing, they cavorted about the stage in rhythm to the music.

Their voices combined with perfect synergy. As Patty remarked in 1971: "There were just three girls in the family. LaVerne had a very low voice. Maxene's was kind of high, and I was between. It was like God had given us voices to fit our parts."

Kathy Daris of the singing Lennon Sisters recalled on Facebook late Wednesday that the Andrews Sisters "were the first singing sister act that we tried to copy. We loved their rendition of songs, their high spirit, their fabulous harmony."

The Andrews Sisters' rise coincided with the advent of swing music, and their style fit perfectly into the new craze. They aimed at reproducing the sound of three harmonizing trumpets.

Unlike other singing acts, the sisters recorded with popular bands of the '40s, fitting neatly into the styles of Benny Goodman, Glenn Miller, Jimmy Dorsey, Bob Crosby, Woody Herman, Guy Lombardo, Desi Arnaz and Russ Morgan. They sang dozens of songs on records with Bing Crosby, including the million-seller "Don't Fence Me In." They also recorded with Dick Haymes, Carmen Miranda, Danny Kaye, Al Jolson, Jimmy Durante and Red Foley.

The Andrews' popularity led to a contract with Universal Pictures, where they made a dozen low-budget musical comedies between 1940 and 1944. In 1947, they appeared in "The Road to Rio" with Bing Crosby, Bob Hope and Dorothy Lamour.

The trio continued until LaVerne's death in 1967. By that time the close harmony had turned to discord, and the sisters had been openly feuding.

Midler's cover of "Bugle Boy" revived interest in the trio. The two survivors joined in 1974 for a Broadway show, "Over Here!" It ran for more than a year, but disputes with the producers led to the cancellation of the national tour of the show, and the sisters did not perform together again.

Patty continued on her own, finding success in Las Vegas and on TV variety shows. Her sister also toured solo until her death in 1995.

Her father, Peter Andrews, was a Greek immigrant who anglicized his name of Andreus when he arrived in America; his wife, Olga, was a Norwegian with a love of music. LaVerne was born in 1911, Maxine (later Maxene) in 1916, Patricia (later Patty, sometimes Patti) in 1918.

All three sisters were born and raised in the Minneapolis area.

Listening to the Boswell Sisters on radio, LaVerne played the piano and taught her sisters to sing in harmony; neither Maxene nor Patty ever learned to read music. All three studied singers at the vaudeville house near their father's restaurant. As their skills developed, they moved from amateur shows to vaudeville and singing with bands.

After Peter Andrews moved the family to New York in 1937, his wife, Olga, sought singing dates for the girls. They were often turned down with comments such as: "They sing too loud and they move too much." Olga persisted, and the sisters sang on radio with a hotel band at $15 a week. The broadcasts landed them a contract with Decca Records.

They recorded a few songs, and then came "Bei Mir Bist Du Schoen," an old Yiddish song for which Sammy Cahn and Saul Kaplan wrote English lyrics. (The title means, "To Me You Are Beautiful.") It was a smash hit, and the Andrews Sisters were launched into the bigtime.

In 1947, Patty married Martin Melcher, an agent who represented the sisters as well as Doris Day, then at the beginning of her film career. Patty divorced Melcher in 1949 and soon he became Day's husband, manager and producer.

Patty married Walter Weschler, pianist for the sisters, in 1952. He became their manager and demanded more pay for himself and for Patty. The two other sisters rebelled, and their differences with Patty became public. Lawsuits were filed between the two camps.

Patty Andrews is survived by her foster daughter, Pam DuBois, a niece and several cousins. Weschler died in 2010.

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Well: Waiting for Alzheimer's to Begin

My gray matter might be waning. Then again, it might not be. But I swear that I can feel memories — as I’m making them — slide off a neuron and into a tangle of plaque. I steel myself for those moments to come when I won’t remember what just went into my head.

I’m not losing track of my car keys, which is pretty standard in aging minds. Nor have I ever forgotten to turn off the oven after use, common in menopausal women. I can always find my car in the parking lot, although lots of “normal” folk can’t.

Rather, I suddenly can’t remember the name of someone with whom I’ve worked for years. I cover by saying “sir” or “madam” like the Southerner I am, even though I live in Vermont and grown people here don’t use such terms. Better to think I’m quirky than losing my faculties. Sometimes I’ll send myself an e-mail to-do reminder and then, seconds later, find myself thrilled to see a new entry pop into my inbox. Oops, it’s from me. Worse yet, a massage therapist kicked me out of her practice for missing three appointments. I didn’t recall making any of them. There must another Nancy.

Am I losing track of me?

Equally worrisome are the memories increasingly coming to the fore. Magically, these random recollections manage to circumnavigate my imagined build-up of beta-amyloid en route to delivering vivid images of my father’s first steps down his path of forgetting. He was the same age I am now, which is 46.

“How old are you?” I recall him asking me back then. Some years later, he began calling me every Dec. 28 to say, “Happy birthday,” instead of on the correct date, Dec. 27. The 28th had been his grandmother’s birthday.

The chasms were small at first. Explainable. Dismissible. When he crossed the street without looking both ways, we chalked it up to his well-cultivated, absent-minded professor persona. But the chasms grew into sinkholes, and eventually quicksand. When we took him to get new pants one day, he kept trying on the same ones he wore to the store.

“I like these slacks,” he’d say, over and over again, as he repeatedly pulled his pair up and down.

My dad died of Alzheimer’s last April at age 73 — the same age at which his father succumbed to the same disease. My dad ended up choosing neurology as his profession after witnessing the very beginning of his own dad’s forgetting.

Decades later, grandfather’s atrophied brain found its way into a jar on my father’s office desk. Was it meant to be an ever-present reminder of Alzheimer’s effect? Or was it a crystal ball sent to warn of genetic fate? My father the doctor never said, nor did he ever mention, that it was his father’s gray matter floating in that pool of formaldehyde.

Using the jarred brain as a teaching tool, my dad showed my 8-year-old self the difference between frontal and temporal lobes. He also pointed out how brains with Alzheimer’s disease become smaller, and how wide grooves develop in the cerebral cortex. But only after his death — and my mother’s confession about whose brain occupied that jar — did I figure out that my father was quite literally demonstrating how this disease runs through our heads.

Has my forgetting begun?

I called my dad’s neurologist. To find out if I was in the earliest stages of Alzheimer’s, he would have to look for proteins in my blood or spinal fluid and employ expensive neuroimaging tests. If he found any indication of onset, the only option would be experimental trials.

But documented confirmation of a diseased brain would break my still hopeful heart. I’d walk around with the scarlet letter “A” etched on the inside of my forehead — obstructing how I view every situation instead of the intermittent clouding I currently experience.

“You’re still grieving your father,” the doctor said at the end of our call. “Sadness and depression affect the memory, too. Let’s wait and see.”

It certainly didn’t help matters that two people at my father’s funeral made some insensitive remarks.

“Nancy, you must be scared to death.”

“Is it hard knowing the same thing probably will happen to you?”

Maybe the real question is what to do when the forgetting begins. My dad started taking 70 supplements a day in hopes of saving his mind. He begged me to kill him if he wound up like his father. He retired from his practice and spent all day in a chair doing puzzles. He stopped making new memories in an all-out effort to preserve the ones he already had.

Maybe his approach wasn’t the answer.

Just before his death — his brain a fraction of its former self — my father managed to offer up a final lesson. I was visiting him in the memory-care center when he got a strange look on his face. I figured it was gas. But then his eyes lit up and a big grin overtook him, and he looked right at me and said, “Funny how things turn out.”

An unforgettable moment?

I can only hope.

---

Nancy Stearns Bercaw is a writer in Vermont. Her book, “Brain in a Jar: A Daughter’s Journey Through Her Father’s Memory,” will be published in April 2013 by Broadstone.

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Avery Dennison to sell business units for $500 million

Avery Dennison Corp. has agreed to sell two of its businesses for $500 million in cash to CCL Industries Inc., a Canadian maker of specialty packaging, the Pasadena company said.

The proposed sale announced Wednesday comes three months after Minnesota-based 3M abandoned its plans to purchase Avery Dennison's office and consumer products unit. The U.S. Department of Justice had opposed that deal because of antitrust concerns.

Now, Toronto-based CCL has agreed to acquire the unit, which had sales of $730 million in 2012. The division's products include Hi-Liters and Marks-A-Lot markers as well as binders. CCL also agreed to acquire Avery's designed and engineered solutions division, which makes pressure-sensitive labels for packaging and posted 2012 sales of $180 million.

"CCL is one of our largest customers, and we have a long-standing relationship with them," said Avery Dennison Chief Executive Dean A. Scarborough. "We are pleased that they will become the steward of the Avery brand for office products."

Quiz: How much do you know about California's economy?

The transaction, expected to close this year if approved by regulators, would be CCL's largest acquisition.

"This acquisition has the potential to transform our company at many levels," said Geoffrey Martin, chief executive of CCL.

Avery Dennison on Wednesday also reported fourth-quarter net income of $49 million, or 48 cents a share, up from $22.2 million, or 21 cents, a year earlier. Excluding certain items, earnings were 54 cents a share compared with the 48 cents expected by analysts. Sales rose 5.3% to $1.53 billion.

Avery Dennison shares rose $2.30, or 6.4%, to $38.44.

ricardo.lopez2@latimes.com

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South Korea launches space rocket carrying satellite

South Korea said Wednesday it successfully launched a satellite into space from its own soil for the first time, a point of national pride that came weeks after archrival North Korea accomplished a similar feat to the surprise of the world.

The South Korean rocket blasted off from a launch pad in the southwestern coastal village of Goheung. Science officials told cheering spectators minutes later that the rocket delivered an observational satellite into orbit. There was no immediate confirmation that the satellite was operating as intended.

The launch is a culmination of years of efforts by South Korea — Asia's fourth-largest economy — to advance its space program and cement its standing as a technology powerhouse whose semiconductors, smartphones and automobiles command global demand. North Korea's long-range rocket program, in contrast, has generated international fears that it is getting closer to developing nuclear missiles capable of striking the U.S.

South Korea's success comes amid increased tension on the Korean Peninsula over North Korea's threat to explode its third nuclear device. Pyongyang is angry over tough new international sanctions over its Dec. 12 rocket launch and has accused its rivals of applying double standards toward the two Koreas' space programs.

Washington and Seoul have called North Korea's rocket launch a cover for a test of Pyongyang's banned ballistic missile technology.

Both Koreas see the development of space programs as crucial hallmarks of their scientific prowess and national pride, and both had high-profile failures before success. South Korea tried and failed to launch satellites in 2009 and 2010, and more recent launch attempts were aborted at the last minute.

The satellite launched by Seoul is designed to analyze weather data, measure radiation in space, gauges distances on earth and test how effectively South Korean-made devices installed on the satellite operate in space. South Korean officials said it will help them develop more sophisticated satellites in the future.

U.S. experts have described the North's satellite as tumbling in space and said it does not appear to be functioning, though Pyongyang has said it is working.

The South Korean rocket launched Wednesday had its first stage designed and built by Russian experts under a contract between the two governments. North Korea built its rocket almost entirely on its own, South Korean military experts said earlier this month after analyzing debris retrieved from the Yellow Sea in December.

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Critical, long-overdue BlackBerry makeover arrives

TORONTO (AP) — BlackBerry maker Research In Motion Ltd. will kick off a critical, long-overdue makeover when chief executive Thorsten Heins shows off the first phone with the new BlackBerry 10 system in New York on Wednesday.

Repeated delays have left the once-pioneering BlackBerry an afterthought in the shadow of Apple’s trend-setting iPhone and Google’s Android-driven devices. There has even been talk that the fate of the company that created the BlackBerry in 1999 is no longer certain.

Now, there’s some optimism. Previews of the BlackBerry 10 software have gotten favorable reviews on blogs. Financial analysts are starting to see some slight room for a comeback. RIM‘s stock has more than doubled to $ 15.66 from a nine-year low in September, though it’s still nearly 90 percent below its 2008 peak of $ 147.

RIM redesigned the system to embrace the multimedia, apps and touch-screen experience prevalent today. The company is promising a speedier device, a superb typing experience and the ability to keep work and personal identities separate on the same phone.

Most analysts consider a BlackBerry 10 success to be crucial for the company’s long-term viability. Doubts remain about the ability of BlackBerry 10 to rescue RIM.

“We’ll see if they can reclaim their glory. My sense is that it will be a phone that everyone says good things about but not as many people buy,” BGC Financial analyst Colin Gillis said.

Jefferies analyst Peter Misek called it a “great device” and said RIM does have some momentum just months after the Canadian company was written off for dead.

“Six months ago we talked to developers and carriers, and everybody was just basically saying ‘We’re just waiting for this to go bust,’” Misek said. “It was bad.”

The BlackBerry has been the dominant smartphone for on-the-go business people and crossed over to consumers. But when the iPhone came out in 2007, it showed that phones can do much more than email and phone calls. Suddenly, the BlackBerry looked ancient. In the U.S., according to research firm IDC, shipments of BlackBerry phones plummeted from 46 percent of the market in 2008 to 2 percent in 2012.

RIM promised a new system to catch up, using technology it got through its 2010 purchase of QNX Software Systems. RIM initially said BlackBerry 10 would come by early 2012, but then the company changed that to late 2012. A few months later, that date was pushed further, to early 2013, missing the lucrative holiday season. The holdup helped wipe out more than $ 70 billion in shareholder wealth and 5,000 jobs.

Although executives have been providing a glimpse at some of BlackBerry 10′s new features for months, Heins will finally showcase a complete system at Wednesday’s event. Devices will go on sale soon after that. The exact date and prices are expected Wednesday.

Regardless of BlackBerry 10′s advances, though, the new system will face a key shortcoming: It won’t have as many apps written by outside companies and individuals as the iPhone and Android. RIM has said it plans to launch BlackBerry 10 with more than 70,000 apps, including those developed for RIM’s PlayBook tablet, first released in 2011. Even so, that’s just a tenth of what the iPhone and Android offer. Popular service such as Instagram and Netflix won’t have apps on BlackBerry 10.

Gillis said he’ll be looking to see when RIM releases a keyboard version of the new phone. The first BlackBerry 10 phone will have only a touch screen. RIM has said a physical keyboard version will be released soon after. He said a delay could alienate RIM’s 79 million subscribers.

“The No. 1 feature that they like is the physical keyboard,” Gillis said.

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Actor Jason London arrested after Ariz. bar fight

PHOENIX (AP) — Authorities say actor Jason London has been arrested on suspicion of assault and disorderly conduct after an Arizona bar fight.

Scottsdale police say London allegedly sneezed on a man who then asked him to apologize, but London refused and instead hit the man in the face.

The Arizona Republic (http://bit.ly/VoULau ) says the two men were escorted out of the bar, but London began pushing and cursing at firefighters trying to treat him and appeared extremely drunk. He was arrested early Monday.

London's Twitter account says "some guy thought I was hitting on his girl" and that several large bouncers beat him, breaking bones in his face. London added, "the truth will win" and "I hate Arizona."

London is best known for the 1993 movie "Dazed and Confused."

___

Information from: The Arizona Republic, http://www.azcentral.com

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Amazon.com sales jump 22% but profit drops 45% in fourth quarter

Amazon.com Inc. saw big sales during the holiday season, reporting Tuesday that fourth-quarter revenue rose 22% to $21.27 billion from a year earlier.

But the Internet retail giant's sales and earnings missed Wall Street's estimates. Profit for the three months that ended Dec. 31 declined 45% to $97 million, or 21 cents a share, compared with $177 million, or 38 cents, in the same quarter of 2011.

Analysts had expected the e-commerce company to post revenue of $22.26 billion and earnings of 27 cents a share.

Nonetheless, Amazon's stock surged in after-hours trading, rising more than 9% on signs the company's operating margins were improving. During regular trading before earnings were released, shares closed down $15.69, or 5.7%, at $260.35.

Operating income was a highlight of the company's quarterly results, increasing 56% to $405 million in the fourth quarter, compared with $260 million a year earlier.

For the current quarter, Amazon expects sales of $15 billion to $16.6 billion, a 14% to 26% growth from the first quarter of 2012.

It was a good Christmas for Amazon's Kindle family. The company said that for the second year in a row, its tablet was the most popular item for customers, with the Kindle Fire HD the "No. 1 bestselling, most gifted and most wished-for product" across the company's merchandise lineup.

"At year-end, Kindle Fire HD, Kindle Fire, Kindle Paperwhite and Kindle held the top four spots on the Amazon worldwide bestseller charts since launch," the company said.

As is typical for Amazon, it did not break out sales figures for its tablets and e-readers.

Jeff Bezos, founder and chief executive of Amazon, said the company had seen huge growth in its electronic book business as consumers shift to digital texts.

"We're now seeing the transition we've been expecting," he said in a statement. "After five years, eBooks is a multibillion-dollar category for us and growing fast — up approximately 70% last year. In contrast, our physical book sales experienced the lowest December growth rate in our 17 years as a book seller, up just 5%. We're excited and very grateful to our customers for their response to Kindle."

Amazon also said its digital media selection grew to more 23 million movies, TV shows, songs, magazines, books, audio books, apps and games in 2012, an increase from 19 million at the end of 2011.

andrea.chang@latimes.com

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Mayoral debate focuses on city's troubled finances

In the highest-profile debate so far in the Los Angeles mayoral race, three longtime city officials defended their records Monday night as two long-shot challengers accused them of putting the city on a path to insolvency.

The city's chronic budget shortfalls dominated the event at UCLA's Royce Hall, televised live on KNBC-TV Channel 4. Entertainment lawyer Kevin James and technology executive Emanuel Pleitez sought to maximize the free media exposure, portraying themselves as fresh alternatives to business as usual at City Hall.

James, a former radio talk-show host, described himself as an independent and accused rivals Wendy Greuel, Eric Garcetti and Jan Perry — all veteran elected officials — of being cozy with unions representing the city workforce.

"Bankruptcy doesn't happen overnight," said James, the only Republican in the race. "This happened over a period of time and it happened because of a series of bad decisions."

Pleitez struck a similar note.

"Our politicians in the last decade made decisions on numbers they didn't understand," he said.

"I'm the only one that has worked in the private sector and on fiscal and economic policies at the highest levels," Pleitez said, citing his experience as a special assistant to economist Paul Volcker on President Obama's Economic Recovery Advisory Board.

Greuel, Garcetti and Perry, in turn, pledged to show fiscal restraint as the city grapples with projected budget shortfalls totaling more than $1 billion over the next four years.

City Controller Greuel cited the "waste, fraud and abuse" her office's audits have identified at City Hall, saying they demonstrate her independence.

"As mayor of Los Angeles, I get not only being the fiscal watchdog, and showing where we can find this money, and knowing where the bodies are buried," said Greuel, who served on the City Council for seven years. "I've learned as city controller, you don't always make friends when you highlight what can be done better."

Garcetti, a councilman for more than a decade, said he had a record of "not just talking about pension reform, but delivering on it." When tax collections dried up in the recession, he said, the council and mayor eliminated 5,000 jobs and negotiated a deal with unions requiring some city workers to contribute to their health and pension benefits.

"Those are the things that kept us away from our own fiscal cliff," he said.

Perry also stressed her support for increasing worker contributions to health and retirement benefits.

"This is about long-term survival," she said.

By the normal standards of election campaigns, it was a remarkably genteel debate, at least among the three city officials.

Only Perry attacked her rivals, and even then, not by name.

Recalling her work with Garcetti and Greuel in talks with city unions, she faulted them for engaging in "side meetings and side negotiations," saying she was more transparent.

"As mayor, I will make sure that practice stops, that everything is done on the record — that all employees are treated fairly and all employees are given the same information," Perry said.

Neither Greuel nor Garcetti answered the attack.

As in previous forums, the most obvious contrasts among the candidates Monday night were in biography and style — rather than policy positions.

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Cómo se desarrolló el Linux de las netbooks educativas

La elección de un sistema operativo para una computadora es una situación que, en situaciones cotidianas al ingresar a una tienda de venta de artículos electrónicos, está marcada por la presencia de la plataforma Windows de Microsoft. Nada de esto impide que los usuarios puedan optar por software libre, sin costo alguno al momento de realizar la descarga e instalación, con propuestas como Ubuntu, Fedora o Mint , por mencionar sólo algunas de las alternativas disponibles en Internet.

Esto mismo ocurrió con el plan Conectar Igualdad, que busca desarrollar su propia plataforma basada en GNU-Linux adaptada a las necesidades de la comunidad educativa, tanto para los docentes como para los alumnos.

La inciativa comenzó a tomar forma en 2010, cuando Javier Castrillo comenzó a trabajar en Conectar Igualdad, el programa del gobierno nacional que distribuye computadoras portátiles para alumnos y docentes de escuelas públicas. Desde aquel momento, con el antecedente de haber coordinado la implementación de estas iniciativas en el ambiente educativo, impulsó con su equipo el desarrollo de Huayra, el sistema operativo libre basado en GNU-Linux de las netbooks escolares.

“Debido al porte de este programa era necesaria una plataforma estable, libre, un estándar y sobre todo con soberanía tecnológica, para no depender de ninguna corporación. Con nuestro sistema nos aseguramos que va a ser constante en el tiempo, que va a ser gratuito para todos aquellos que lo quieran descargar y, por sobre todas las cosas, libre. Todo el código está publicado a disposición para que cualquiera que tenga los conocimientos lo pueda auditar y modificar”, asegura Javier Castrillo, coordinador del Proyecto Huayra.

En una entrevista exclusiva con LA NACIÓN , Javier Castrillo habla sobre la plataforma, sus características y los prejuicios que aún existen sobre el software libre.

¿Qué es Huayra?

Es el sistema operativo libre que las netbooks del Programa Conectar Igualdad van a traer instaladas a partir de este año. Además cualquier persona puede descargarlo en su máquina desde huayra.conectarigualdad.gob.ar

Está basado en Debian GNU/Linux, es seguro, ágil y con un desarrollo realizado en la Argentina, teniendo en cuenta las necesidades tanto de estudiantes como de docentes, y manteniendo nuestra identidad nacional.

¿En qué instancia se encuentra el desarrollo?

Está en fase Beta pero ya se puede bajar y utilizar.

Un mito presente en este tipo de plataformas es que muchas personas creen que no hay virus porque no se conoce mucho. Esto no es verdad, no hay virus porque el sistema no admite virus porque, como dije, está todo a la vista. Los servidores de la bases de datos de los bancos, las grandes bases de datos importantes son de código libre, Google es libre, por ejemplo.

¿Por qué pensaron que era necesario desarrollar un sistema operativo basado en software libre?

Porque se estaban dejando tres millones y medio de máquinas en manos de una corporación, que tiene intereses económicos y sus tiempos. Asimismo, por ejemplo, si queríamos hacer un procesador de texto para las comunidades aborígenes no podíamos hacerlo porque no es posible traducir el Word o si necesitábamos adaptar la placa de red, según el tipo de servicio de determinada zona también teníamos inconvenientes. Tener un software de una empresa es como comprarte un auto y tener el capó soldado.

¿Cuáles son las ventajas que presenta utilizar Huayra frente a Windows?

Es libre y puede ser utilizado por cualquier persona de la comunidad; es gratuito, y ofrece la libertad de poder administrar ese código y hacer las reformas que queremos. Uno de los problemas que veíamos era que los profesores traían un programa para compartir con los chicos y ponían el pendrive en cada computadora y lo bajaban, sin darse cuenta que podían utilizar la red de la escuela. Lo que sucede es que configurar una red no es algo trivial. Huayra, en cambio, autoconfigura la red entonces el profesor deja el programa directamente en una carpeta especial que comparte y los alumnos entran allí para utilizar el programa.

¿En qué se benefician los alumnos al utilizar Huayra?

Que el Estado les brinde su propio sistema operativo libre es un beneficio implícito es más seguro y mucho más rápido. Además, está pensado para que corra en las máquinas más livianas y también funciona bien en las máquinas más viejas.

Otra gran ventaja para los chicos es que tienen una herramienta que sale de la propia escuela, con las necesidades y el aporte de su institución. Hay cientos de aplicaciones del equipo de Huayra y aportadas por las comunidades escolares. En total son casi 30.000 piezas de software.

¿La interfaz es similar a la de Windows o los usuarios verán muchos cambios?

Es similar y además encontrarán programas que no tenían en Windows porque son muy caros. En Huayra, por ejemplo, hay un software para hacer animaciones en 3D que si tuviéramos que comprarlo saldría muy caro. También hay editores de fotos similares a Photoshop.

El procesador de textos de Huayra permite guardarlo en un formato de Word. En el pasado había grandes problemas de compatibilidad entre el software libre y el licenciado pero ahora todo ha evolucionado y ya no existen esos inconvenientes.

Las netbooks de Conectar Igualdad son de diez fabricantes distintos, y tuvimos que trabajar bastante para el desarrollo del sistema operativo, cuenta Javier Castrillo, responsable del proyecto Huayra

Todavía nos falta un buen programa de Autocad 3D, pero tenemos Autocad en 2D. Pero tenemos son muchas herramientas de programación y de robótica incluidas dentro de Hayra.

¿Cómo se realizará la capacitación?

Las netbooks de nuestro programa, a partir de 2012, incluyen TV Digital abierta y allí incluye un montón de tutoriales y paso a paso para poder aprender a utilizarla.

Por otro lado, todas las instancias de capacitación que tiene Educar y el Ministerio de Educación van a tener cursos de Huayra tanto para alumnos como para docentes. Y ya se han formado comunidades de Huayra en Facebook y en Twitter que hacen su propia formación y su aporte a la comunidad.

¿Qué obstáculos tuvieron que sortear?

La principal fue la compatibilidad de hardware. Las netbooks de Conectar Igualdad son de diez fabricantes distintos y tuvimos que trabajar bastante para hacer funcionar nuestro sistema en todos los equipos. Después debimos luchar con los prejuicios que difunden los propios monopolios, que dicen que Linux es difícil, por ejemplo.

Pero ahora estamos muy entusiasmados porque las pruebas están saliendo bien y estamos dentro de los tiempos previstos.

¿Cuáles son los principales proyectos?

La primera etapa de Huayra es que funcione bien en todas las netbooks y en eso estamos abocados. Luego estamos pensando en que funcione en tablets y celulares.

También queremos trabajar para que la TV digital no sirva sólo para ver canales sino que podamos interactuar y brindarle, a través de ella, información útil para el ciudadano.

Y queremos fomentar el desarrollo para que los chicos programen, dándoles herramientas para que puedan programar aunque no sepan hacerlo, para que puedan, por ejemplo, hacer sus propios juegos con las características de su región, de su lenguaje, sus costumbres y que lo compartan con la comunidad.

El software libre en Conectar Igualdad

Huayra toma su nombre del vocablo quechua que significa viento, una analogía que los responsables del proyecto buscan reflejar con la filosofía del proyecto, relacionada con la independencia tecnológica y la libertad que ofrece el software libre. “Es una práctica habitual dentro de la comunidad para que cada programa esté ser representado por un animal. Linux eligió el pingüino, nosotros una vaca”, explica Javier Castrillo.

El equipo de trabajo de Huayra consta de 13 personas, divididos en tres áreas: Desarrollo (programadores), Diseño (artistas, historiadores del arte, diseñadores gráficos) y Sistematización (Sociólogos y estadísticos).

Además de Huayra existe la iniciativa de la comunidad de software libre Tuquito, con sendas versiones para las computadoras de las iniciativas OLPC y Conectar Igualdad .

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