Labor Relations Board Rulings Could Be Undone

By ruling that Mr. Obama’s three recess appointments last January were illegal, the federal appeals court ruling, if upheld, would leave the board with just one member, short of the quorum needed to issue any rulings. The Obama administration could appeal the court ruling, but no announcement was made on Friday.

If the Supreme Court were to uphold Friday’s ruling, issued by the United States Court of Appeals for the District of Columbia Circuit, it would mean that the labor board did not have a quorum since last January and that all its rulings since then should be nullified.

Many Republicans and business groups applauded Friday’s ruling. They often assert that the appointments Mr. Obama made to the board have transformed it into a tool of organized labor. But many Democrats and labor unions say Mr. Obama’s appointments restored ideological balance to the board after it was tipped in favor of business interests under President George W. Bush

Mark G. Pearce, the board’s chairman, issued a statement saying the board disagreed with the ruling and suggested that other appeals courts hearing cases about the constitutionality of Mr. Obama’s appointments could reach a different conclusion.

“In the meantime, the board has important work to do,” said Mr. Pearce, whose agency oversees enforcement of the laws governing strikes and unionization drives. “We will continue to perform our statutory duties and issue decisions.”

Unless the Senate confirms future nominees to the board — Senate Republicans have blocked several of Mr. Obama’s board nominees — Mr. Pearce will be the only member left if Friday’s ruling is upheld. The board has five seats.

Representative Darrell Issa, a California Republican who is the chairman of the Oversight and Government Reform Committee, issued a statement that urged the recess appointees to “do the right thing and step down.” He added, “To avoid further damage to the economy, the N.L.R.B. must take the responsible course and cease issuing any further opinions until a constitutionally sound quorum can be established.”

The three disputed recess appointees included two Democrats, Sharon Block, deputy labor secretary, and Richard Griffin, general counsel to the operating engineers’ union; and one Republican, Terence Flynn, a counsel to a board member. Mr. Flynn resigned last May after being accused of leaking materials about the group’s deliberations. Another Republican member, Brian Hayes, stepped down when his term expired last month.

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LAUSD principal failed to report alleged molestation by teacher

A now-retired principal twice failed to report accusations of sexual misconduct by a teacher who this week was charged with molesting 12 students at a Wilmington elementary school, officials said.

In 2002 and 2008, the principal was told that the teacher, Robert Pimentel, 57, inappropriately touched a student. But the principal failed to tell law enforcement authorities, as required by law, said L.A. schools Supt. John Deasy.

The Los Angeles Police Department began investigating Pimentel only last March, when they learned of more recent allegations at George de la Torre Jr. Elementary School.

LAPD Capt. Fabian Lizarraga said Thursday that detectives will launch an investigation into whether the principal, Irene Hinojosa, should face charges for failing to report alleged abuse. She could not be reached for comment Thursday.

It remains unclear why Hinojosa did not tell authorities about the accusations. The 2008 allegation also occurred at De la Torre, where she was principal. The 2002 allegation was made when Pimentel was a teacher and Hinojosa the principal at Dominguez Elementary in Carson, Deasy said.

At De la Torre, volunteer Magdalena Gonzalez said Thursday that Hinojosa had been made aware of several questionable incidents involving Pimentel.

Three years ago, she said, a girl told her parent that Pimentel had playfully spanked students. Gonzalez also said she and other volunteers saw Pimentel pull on a student's bra strap during a fifth-grade graduation ceremony.

Gonzalez alleged that Hinojosa was dismissive of their complaints and that she allowed Pimentel to have students in his classroom during recess and lunch despite their misgivings.

"We told her he was touching the girls," Gonzalez said in Spanish.

School employees are required by law to report allegations of sexual misconduct to police. They also are supposed to report such issues to their supervisors, according to school district policies.

The revelations angered parents and once again placed the Los Angeles Unified School District under scrutiny over its handling of student-abuse cases. A state audit released last November found that Los Angeles school officials failed to promptly report nearly 150 cases of suspected misconduct to state authorities, including allegations of sexual contact with students.

The audit resulted from the furor over the case of a Miramonte Elementary School teacher who last year was accused of spoon-feeding his semen to blindfolded students, giving them tainted cookies and taking bizarre photos of them. The school had received previous complaints about the teacher, Mark Berndt, that had resulted in no discipline. Berndt has pleaded not guilty to lewd conduct.

On Thursday, Deasy criticized the handling of the De la Torre case by the state Commission on Teacher Credentialing. He said the district informed the state of the allegations as soon as they came to light, but the commission has not suspended or revoked the credential of either educator.

If Pimentel had applied to work as a substitute teacher at another school system, for example, the state would have reported him in good standing as recently as Thursday.

A spokeswoman said the commission cannot automatically suspend a teacher's credential until charges are filed. But the commission does have the discretion to act sooner, said Erin Sullivan, who said state law prevents her from commenting on specific cases.

Hinojosa's case is "scheduled to be taken up by the commission" next Thursday at its regular meeting, she added.

Pimentel is charged with seven counts of lewd and lascivious acts on children under 14 and with eight felony counts of continuous sexual abuse involving eight victims. The charges cover the period from September 2011 to March 2012, when Pimentel worked at De la Torre. He was charged with molesting 12 students, but police allege there is a total of 20 child victims and one adult victim.

Pimentel was taken into custody shortly after noon Wednesday and was being held on $12 million bail. He pleaded not guilty Thursday, and his attorney Richard Knickerbocker said he is "absolutely innocent."

Knickerbocker described the touching as appropriate and said it fell within district policy.

In one instance, Pimentel hugged a girl and "gave her a kiss on the forehead," Knickerbocker said. Pimentel, he said, never touched "any private parts."

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Samsung puts lid on capex for first time since financial crisis

SEOUL (Reuters) – Samsung Electronics Co turned cautious on spending for the first time since the global financial crisis, keeping its annual investment plan unchanged at 2012 levels, as demand for computer chips wanes and the smartphone market slows.

Samsung, one of the industry’s most aggressive spenders, has ramped up capital expenditure every year since 2004 except 2009 to meet soaring demand for its array of consumer electronics and mobile devices. It sold a record 700,000 smartphones a day in the last quarter.

But with the personal computer market shrinking for the first time in 11 years, the global smartphone market growing more slowly, and Apple Inc moving to buy fewer of Samsung‘s microprocessors used in the iPhone and iPad, the South Korean IT giant is now forced to keep a lid on spending.

“Overall its earnings momentum remains intact, and smartphone shipments will continue to grow even in the traditionally weak first quarter, as Samsung’s got a broader product line-up and Apple appears to be struggling in pushing iPhone volumes aggressively,” said Lee Se-chul, a Seoul-based analyst at Meritz Securities.

Samsung, which reported a record quarterly and annual profit on Friday, said it would keep 2013 capital expenditure unchanged from 2012.

“The key word for us in investment in 2013 is flexibility. We’ll decide as the market demand dictates,” Robert Yi, head of Samsung’s investor relations, told analysts.

Data from the company shows Samsung started to slow down planned investment in the last quarter.

Samsung said it spent 4.4 trillion won in October-December, pushing its 2012 investment to a record 23 trillion won ($ 21.5 billion). But the company said in October that it was on course to spend 25 trillion won in 2012.

Analysts had expected a 4-20 percent cut in Samsung’s 2013 capital spending.

By contrast, Taiwanese rival TSMC is planning to raise its capital expenditure to $ 9 billion this year, aimed in part at winning Apple orders away from Samsung.

Shares in Samsung fell 2.1 percent as of 0250 GMT, lagging a 1.1 percent decline in the wider market.

RECORD EARNINGS

Samsung had poured money into factories to boost production of chips and panels used in Apple products and its Galaxy range devices, pushing its operating profit to 8.84 trillion won in the last quarter. The 89 percent increase from a year earlier was in line with its earlier estimate.

Profit at its mobile devices division, which makes phones, tablets and cameras, more than doubled to 5.44 trillion won in the quarter from a year earlier, lifted by a broader offering of smartphones – from the very cheap to the very expensive.

The division accounted for 62 percent of Samsung’s overall fourth-quarter profit, up from 55 percent a year earlier.

Samsung is also seeing strong sales of its Note phablet, which analysts expect to help Samsung get through any seasonal weakness better than rivals.

Samsung, which doesn’t provide a breakdown of smartphone sales, is estimated to have sold around 63 million smartphones in the last quarter, including 15 million Galaxy S IIIs and 7 million Note IIs.

The company also said 2012 operating profit rose 86 percent to an all-time high of 29 trillion won.

SAMSUNG VS APPLE

Samsung sold 213 million smartphones last year and enlarged its share of the global market to 30.4 percent from around 20 percent in 2011, a report by market research firm Strategy Analytics showed on Friday. The sharp increase reflects Samsung’s aggressive marketing of its wide product range.

Apple’s share of the market shrank slightly to 19.4 percent from 19.0 percent in 2011, according to the report.

Globally, sales of smartphones surged 42.7 percent last year to 700 million, Strategy Analytics said.

Samsung said on Friday it expects the global smartphone segment to shrink in January-March from the seasonally strong fourth quarter, and that growth of the overall handset market will slow to the mid single-digits this year.

The forecast is in line with industry estimates, with signs of a slowdown having already emerged.

Apple shipped 47.8 million iPhones in the three months ended December, a record that nonetheless disappointed many analysts accustomed to years of outperformance. The Cupertino, California-based company also missed Wall Street’s revenue forecast for a third straight quarter as iPhone sales lagged expectations.

Apple shares have dropped by more than a third since mid-September as investors fret that its days of hyper growth are over and its devices are no longer as ‘must-have’ as they were.

By contrast, shares in Samsung have risen 12 percent in the same period as the company once seen as quick to copy the ideas of others now sets the pace in innovation.

At the world’s biggest electronics show in Las Vegas this month, Samsung unveiled a prototype phone with a flexible display that can be folded almost like paper, and a microchip with eight processing cores, creating a buzz that these may be used in the next Galaxy range.

“It’s very probable to us that the Exynos 5 Octa (processor) will find its way into the Galaxy S4,” UBS analyst Nicolas Gaudois wrote in a recent note.

“It also looked as if the curved display is close enough to finished product. We came away even more convinced that displays will provide significant differentiation to Samsung devices, and application processors will materially grow over time,” Gaudois said. ($ 1 = 1066.2000 Korean won)

(Reporting by Miyoung Kim; Editing by Ryan Woo)

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CBS orders pilots for “Bad Teacher,” Bruno Heller drama

LOS ANGELES (TheWrap.com) – A pilot based on the 2011 Cameron Diaz film “Bad Teacher” and a drama from “The Mentalist’ creator Bruno Heller have been ordered by CBS, an individual with knowledge of the orders told TheWrap on Wednesday.

“Bad Teacher” will be written and executive-produced by “My Name Is Earl” and “Community” veteran Hilary Winston, with Lee Eisenberg and Gene Stupnitsky, who were behind the film, executive-producing as well. Sam Hansen and Jimmy Miller will also executive-produce the pilot, which comes from Sony Pictures Television in association with the Mosaic Media Group, and follows a sexy, foul-mouthed divorcee who becomes a teacher to find her next husband.

“The Advocates,” written and executive-produced by Heller, revolves around a female lawyer and a male ex-con who team up as “victim advocates,” going to the very edge of the law to right wrongs and fight for the underdog. Warner Bros. is producing.

The new pilot orders follow on the heels of CBS ordering pilots for a small-screen adaptation of the Eddie Murphy film “Beverly Hills Cop” – which is being executive-produced by “The Shield” creator Shawn Ryan, and Murphy will appear in – as well as the sitcom “Friends With Better Lives” and the detective drama “Backstrom.”

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The New Old Age Blog: Grief Over New Depression Diagnosis

When the American Psychiatric Association unveils a proposed new version of its Diagnostic and Statistical Manual of Mental Disorders, the bible of psychiatric diagnoses, it expects controversy. Illnesses get added or deleted, acquire new definitions or lists of symptoms. Everyone from advocacy groups to insurance companies to litigators — all have an interest in what’s defined as mental illness — pays close attention. Invariably, complaints ensue.

“We asked for commentary,” said David Kupfer, the University of Pittsburgh psychiatrist who has spent six years as chairman of the task force that is updating the handbook. He sounded unruffled. “We asked for it and we got it. This was not going to be done in a dark room somewhere.”

But the D.S.M. 5, to be published in May, has generated an unusual amount of heat. Two changes, in particular, could have considerable impact on older people and their families.

First, the new volume revises some of the criteria for major depressive disorder. The D.S.M. IV (among other changes, the new manual swaps Roman numerals for Arabic ones) set out a list of symptoms that over a two-week period would trigger a diagnosis of major depression: either feelings of sadness or emptiness, or a loss of interest or pleasure in most daily activities, plus sleep disturbances, weight loss, fatigue, distraction or other problems, to the extent that they impair someone’s functioning.

Traditionally, depression has been underdiagnosed in older adults. When people’s health suffers and they lose friends and loved ones, the sentiment went, why wouldn’t they be depressed? A few decades back, Dr. Kupfer said, “what was striking to me was the lack of anyone getting a depression diagnosis, because that was ‘normal aging.’” We don’t find depression in old age normal any longer.

But critics of the D.S.M. 5 now argue that depression may become overdiagnosed, because this version removes the so-called “bereavement exclusion.” That was a paragraph that cautioned against diagnosing depression in someone for at least two months after loss of a loved one, unless that patient had severe symptoms like suicidal thoughts.

Without that exception, you could be diagnosed with this disorder if you are feeling empty, listless or distracted, a month after your parent or spouse dies.

“D.S.M. 5 is medicalizing the expected and probably necessary process of mourning that people go through,” said Allen Frances, a professor emeritus at Duke who chaired the D.S.M. IV task force and has denounced several of the changes in the new edition. “Most people get better with time and natural healing and resilience.”

If they are diagnosed with major depression before that can happen, he fears, they will be given antidepressants they may not need. “It gives the drug companies the right to peddle pills for grief,” he said.

An advisory committee to the Association for Death Education and Counseling also argued that bereaved people “will receive antidepressant medication because it is cheaper and ‘easier’ to medicate than to be involved therapeutically,” and noted that antidepressants, like all medications, have side effects.

“I can’t help but see this as a broad overreach by the APA,” Eric Widera, a geriatrician at the University of California, San Francisco, wrote on the GeriPal blog. “Grief is not a disorder and should be considered normal even if it is accompanied by some of the same symptoms seen in depression.”

But Dr. Kupfer said the panel worried that with the exclusion, too many cases of depression could be overlooked and go untreated. “If these things go on and get worse over time and begin to impair someone’s day to day function, we don’t want to use the excuse, ‘It’s bereavement — they’ll get over it,’” he said.

The new entry for major depressive disorder will include a note — the wording isn’t final — pointing out that while grief may be “understandable or appropriate” after a loss, professionals should also consider the possibility of a major depressive episode. Making that distinction, Dr. Kupfer said, will require “good solid clinical judgment.”

Initial field trials testing the reliability of D.S.M. 5 diagnoses, recently published in The American Journal of Psychiatry, don’t bolster confidence, however. An editorial remarked that “the end results are mixed, with both positive and disappointing findings.” Major depressive disorder, for instance, showed “questionable reliability.”

In an upcoming post, I’ll talk more about how patients might respond to the D.S.M. 5, and to a new diagnosis that might also affect a lot of older people — mild neurocognitive disorder.

Paula Span is the author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions.”

---

This post has been revised to reflect the following correction:

Correction: January 24, 2013

An earlier version of this post misspelled the surname of a professor emeritus at Duke who chaired the D.S.M. IV task force. He is Allen Frances, not Francis.

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The Education Revolution: As Graduates Rise in China, Office Jobs Fail to Keep Up

Forbes Conrad for The New York Times

Wang Zhengsong, right, viewed job postings outside in Guangzhou. Blue-collar jobs are plentiful in China, but many recent college grads are reluctant to pursue them.

GUANGZHOU, China — This city of 15 million on the Pearl River is the hub of a manufacturing region where factories make everything from T-shirts and shoes to auto parts, tablet computers and solar panels. Many factories are desperate for workers, despite offering double-digit annual pay increases and improved benefits.

Wang Zengsong is desperate for a steady job. He has been unemployed for most of the three years since he graduated from a community college here after growing up on a rice farm. Mr. Wang, 25, has worked only several months at a time in low-paying jobs, once as a shopping mall guard, another time as a restaurant waiter and most recently as an office building security guard.

But he will not consider applying for a full-time factory job because Mr. Wang, as a college graduate, thinks that is beneath him. Instead, he searches every day for an office job, which would initially pay as little as a third of factory wages.

“I have never and will never consider a factory job — what’s the point of sitting there hour after hour, doing repetitive work?” he asked.

Millions of recent college graduates in China like Mr. Wang are asking the same question. A result is an anomaly: Jobs go begging in factories while many educated young workers are unemployed or underemployed. A national survey of urban residents, released this winter by a Chinese university, showed that among people in their early 20s, those with a college degree were four times as likely to be unemployed as those with only an elementary school education.

It is a problem that Chinese officials are acutely aware of.

“There is a structural mismatch — on the one hand, the factories cannot find skilled labor, and, on the other hand, the universities produce students who do not want the jobs available,” said Ye Zhihong, a deputy secretary general of China’s Education Ministry.

China’s swift expansion in education over the last decade, including a quadrupling of the number of college graduates each year, has created millions of engineers and scientists. The best can have their pick of jobs at Chinese companies that are aiming to become even more competitive globally.

But China is also churning out millions of graduates with few marketable skills, coupled with a conviction that they are entitled to office jobs with respectable salaries.

Part of the problem seems to be a proliferation of fairly narrow majors — Mr. Wang has a three-year associate degree in the design of offices and trade show booths. At the same time, business and economics majors are rapidly gaining favor on Chinese campuses at the expense of majors like engineering, contributing to the glut of graduates with little interest in soiling their hands on factory floors.

“This also has to do with the banking sector — they offer high-paying jobs, so their parents want their children to go in this direction,” Ms. Ye said.

Mr. Wang and other young, educated Chinese without steady jobs pose a potential long-term challenge to social stability. They spend long hours surfing the Internet, getting together with friends and complaining about the shortage of office jobs for which they believe they were trained.

China now has 11 times as many college students as it did at the time of the Tiananmen Square protests in the spring of 1989, and an economy that has been very slow to produce white-collar jobs. The younger generation has shown less interest in political activism, although that could change if the growing numbers of graduates cannot find satisfying work.

Prime Minister Wen Jiabao acknowledged last March that only 78 percent of the previous year’s college graduates had found jobs. But even that figure may overstate employment for the young and educated.

The government includes not just people in long-term jobs but also freelancers, temporary workers, graduate students and people who have signed job contracts but not started work yet, as well as many people in make-work jobs that state-controlled companies across China have been ordered to create for new graduates.

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Fontana school police are armed with semiautomatic rifles

Police officers in the Fontana Unified School District were armed recently with semiautomatic rifles, drawing sharp criticism and sparking an effort to ban such weapons on school campuses.

The Colt military-style rifles, which cost about $1,000 each, are kept in safes when officers are on campus and will be used only in "extreme emergency cases" like the massacre in Newtown, Conn., Supt. Cali Olsen-Binks said.

The district purchased the rifles in October and received them in December, before the tragedy in Newtown, where a gunman killed 26 people — 20 of them children — at an elementary school. The shooting sparked debate on whether armed school guards could prevent these types of tragedies.

The purchase was not spurred by a specific event, Fontana Unified School District police Chief Billy Green said. The rifles are designed to increase shooting accuracy and provide the 14 officers with more effective power against assailants wearing body armor, Green said, adding that those capabilities are necessary for officers to stop a well-armed gunman.

"If you know of a better way to stop someone on campus that's killing children or staff members with a rifle, I'd like to hear it," he said. "I don't think it's best to send my people in to stop them with just handguns."

"I hope we would never have to use it," Green said. "But if we do, I'd like them to be prepared."

Several other school districts have similar weapons but policies differ on whether they are brought on campus or left in patrol car trunks or administration buildings.

Fontana school police bought the guns for about $14,000, which fell below the threshold that requires school board approval. School board members were not informed until after the purchase.

Board member Leticia Garcia said the police chief and superintendent should have alerted the five-member board and held a public hearing on the issue. She said arming officers with such weapons is a policy matter and should have been decided by the entire school district community, especially in light of the ongoing debate around the country.

Garcia, whose son attends Fontana High School, said she is working with local state legislators to draft a bill that would keep school police departments from taking these types of weapons onto campuses.

"We're turning our schools into a militarized zone," she said.

But the Fontana school superintendent said she believes it's a necessary evil to have the guns on campus to keep the 40,000-plus students and staff members safe. Officers have gone through training for the weapons, Olsen-Binks said.

"It balances providing that community-oriented openness at schools without compromising any kind of security for students and employees," she said.

Although she stopped short of saying the matter should have been put before the board, Olsen-Binks said doing so might have helped ease concerns.

"Having an opportunity for more community discussion is always a good thing," she said.

The rifles are kept either in the trunk of the police officer's vehicle or in a safe on campus.

Still, Garcia worries that bringing such a weapon on campus could lead to it falling into the wrong hands. An officer could be overtaken or someone could gain access to the safe, she said.

"Teenagers can get creative," Garcia said.

Green, however, dismissed that concern as unrealistic.

The Los Angeles Unified School District's police department has issued "patrol rifles" to officers on an as-needed basis, the district said in a statement. The department does not disclose the number of rifles given to officers.

Most San Diego Unified School District police officers have AR-15 rifles, Lt. Joe Florentino said. But the department did not buy the weapons; rather, officers were allowed to purchase their own — which many did, he said.

The rifles are kept in the trunk of the officer's vehicle and are not brought into school buildings. Although there is no policy yet, bringing the rifles into buildings is something the department is looking at, Florentino said.

"From a safety standpoint, we have police officers that want the weapons close by," he said. "If we keep them in the vehicle trunk, they would have to run to the car and grab it if they need it."

stephen.ceasar@latimes.com

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Apple’s iPhone disappointment fans doubt on growth

SAN FRANCISCO (Reuters) – Apple Inc missed Wall Street’s revenue forecast for the third straight quarter after iPhone sales came in below expectations, fanning fears that its dominance of the mobile industry was slipping.

Shares of the world’s largest tech company fell 10 percent to $ 463 in after-hours trade, wiping out some $ 50 billion of its market value – nearly equivalent to that of Hewlett-Packard and Dell, combined.

On Wednesday, Apple said it shipped a record 47.8 million iPhones in the December quarter, up 29 percent from the year-ago period. But that lagged the 50 million that analysts on average had projected.

Expectations heading into the results had been subdued by news of possible production cutbacks by some component suppliers in Asia, triggering fears that demand for the iPhone, which accounts for half of Apple‘s revenue, and the iPad could be slowing.

But many investors clung to hopes for a repeat of years of historical outperformance, analysts said.

“It’s going to call into question Apple‘s dominance in the space. It’s still one of the strong players, the others being Samsung and Google. It’s still a two-horse race, but Android continues to grow rapidly,” said Sterne Agee analyst Shaw Wu.

“If you step back a bit, it’s clear they shipped a lot of phones. But the problem is the high expectations that investors have. Apple‘s conservative guidance highlights the concerns over production cuts coming out of Asia recently.”

Apple projected revenue of $ 41 billion to $ 43 billion in the current, second fiscal quarter, lagging the average Wall Street forecast of more than $ 45 billion.

Fiscal first quarter revenue rose 18 percent to $ 54.5 billion, below the average analyst estimate of $ 54.73 billion, though earnings per share of $ 13.81 beat the Street forecast of $ 13.47, according to Thomson Reuters I/B/E/S.

Apple also undershot revenue targets in the previous two quarters, and these results will prompt more questions on what Apple has in its product pipeline, and what it can do to attract new sales and maintain its growth trajectory, analysts said.

Net income of $ 13.07 billion was virtually flat with $ 13.06 billion a year earlier on higher manufacturing costs. The year-ago quarter also had an extra week compared to this year.

Gross margins consequently slid to 38.6 percent, from 44.7 percent previously.

“You can’t just keep rolling out iPhones and iPads and think that everybody needs a new one,” said Jeffrey Gundlach, who runs DoubleLine Capital LP, the $ 53 billion bond firm. “The mini? What is that all about? It is a slightly smaller iPad — so what? So that is our new definition of innovation?”

“There are plenty of competitors like Samsung and other legitimate competitors like them,” added Gundlach, one of the highest-profile Apple bears. He maintains a $ 425 price target.

Shares of several of Apple‘s suppliers crumbled. Chip suppliers Skyworks and Cirrus Logic both fell more than 6 percent. Qualcomm Inc slipped 1.8 percent.

CHINA IS NEXT BIG GROWTH DRIVER

Apple shares are down nearly 30 percent from a record high in September, in part on worries that its days of hyper growth are over and its mobile devices are no longer as popular.

Intense competition from Samsung‘s cheaper phones – powered by Google’s Android software – and signs that the premium smartphone market may be close to saturation in developed markets have also caused a lot of investor anxiety.

Meanwhile, sales of the iPad came in at 22.9 million in the fiscal first quarter, roughly in line with forecasts.

On the brighter side, Chief Financial Officer Peter Oppenheimer told Reuters that iPhone sales more than doubled in greater China – a region that Apple Chief Executive Tim Cook has vowed to focus on as its next big growth driver.

The company will begin detailing results from that country going forward. Revenue from the region totaled $ 7.3 billion, up 60 percent from the year-ago December quarter.

“These results were OK, but they definitely raised a few questions,” said Shannon Cross, analyst with Cross Research. “Gross margin trajectory looks fine so that’s a positive and cash continues to grow. But I think investors are going to want to know what Apple plans to do with growing cash balance.”

“And other questions are going to be around innovation and where the next products are coming from and what does Tim Cook see in the next 12 to 18 months.”

ADDRESSING PRODUCTION RUMORS

In an unusual move for Apple, which typically does not respond to speculation, Cook addressed the production cutback rumors at length on the conference call and questioned the accuracy of rumors about its plans.

Media reports earlier this month said the company is slashing orders for iPhone 5 and iPad screens and other components from its Asian suppliers.

“Even if a particular data point were factual, it would be impossible to accurately interpret the data point as to what it meant for our overall business, because the supply chain is very complex,” he said, adding that Apple has multiple sources for components.

“Yields might vary. Supplier performance can vary. The beginning inventory positions can vary. There’s just an inordinately long list of things that would make any single data point not a great proxy for what’s going on,” he said.

Apple‘s initial iPhone and iPad mini sales were hurt by supply constraints, but Cook expects supply to balance demand for the iPad mini this quarter. He also acknowledged that iPad was cannibalizing its high-margin Macintosh computers, but said it was a huge opportunity for the company.

“On iPad in particular, we have the mother of all opportunities here, because the Windows market is much, much larger than the Mac market is,” he said. And I think it is clear that it’s already cannibalizing some.”

In another departure from tradition, Apple intends to tweak the way it both reports results and publishes forecasts.

Apart from breaking out results from China, the company also will no longer provide a single revenue or gross margin outlook. From Wednesday, it began providing the range it expects to hit, rather than the often-ludicrously conservative estimates that Apple was once notorious for.

The new policy took many by surprise.

“Before people could always ignore the guidance,” said Dan Niles, Chief Investment Officer of AlphaOne Capital Partners, LLC. “Apple is telling investors that they need to pay attention to the guidance and you can’t ignore it, which is basically what we all did in the past.”

(Additional reporting by Alistair Barr and Alexei Oreskovic in San Francisco and Jennifer Ablan in New York; Editing by Bernard Orr and Edwin Chan)

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“Thrift Shop” bests Timberlake’s “Suit & Tie” on Billboard chart

LOS ANGELES (Reuters) – Justin Timberlake’s first single in five years – “Suit & Tie” – fell short of sales expectations for its first week and was kept from the top spot on the Billboard digital songs chart by a novelty rap act.

“Suit & Tie,” which features rapper Jay-Z, sold 314,000 downloads, according to figures released on Wednesday by Nielsen SoundScan.

Industry experts had expected about 350,000 downloads for Timberlake’s widely publicized single, which precedes a new album later in 2013 – his first since 2006.

But Timberlake, 31, who has been focused on building a Hollywood acting career, was dressed down on the digital chart by Macklemore and Ryan Lewis’ “Thrift Shop” featuring rapper Wanz, which sold some 341,000 downloads in the week ending on January 20.

It was the second consecutive week atop the digital songs chart for the novelty rap song about eschewing designer clothes for a second-hand look.

Timberlake will perform his first concert in five years during a private Super Bowl-related event in New Orleans on February 2, DirectTV announced on Wednesday. The invitation-only concert will not be shown on TV, the satellite providers said.

On the Billboard 200 album chart, rapper A$ AP Rocky’s debut album “Long.Live.A$ AP” entered at the top spot, selling about 139,000 units last week.

The New York rapper outpaced the child-focused compilation “Kidz Bop 23,” also in its first week, that features children performing recent pop hits.

“Kidz Bop 23″ sold 78,000 units last week and the series of albums have sold some 13.3 million albums since its 2001 debut.

TOMLIN TUMBLES

The soundtrack to musical-film “Pitch Perfect” landed at the No. 3 spot on the Billboard 200 and was followed by country-pop starlet Taylor Swift’s “Red” and singer Bruno Mars’ “Unorthodox Jukebox” in the top five.

The soundtrack to the stage-to-screen adaptation of musical “Les Miserables” fell to sixth from third, failing to capitalize on three big wins at the Golden Globe Awards, Hollywood’s second-biggest prize to the Oscars, on January 13.

Last week’s top album, “Burning Lights” by Christian singer-songwriter Chris Tomlin, tumbled to No. 22 on the chart. The album’s sharp fall was expected as opening week sales were largely boosted by pre-orders through churches and a national Christian convention, Billboard said.

Album sales for the past week totaled 4.97 million, down 2 percent from the same week last year, but year-to-date album sales were up 2 percent from 2012, totaling 16.32 million so far in 2013.

Some 27.82 million songs were downloaded last week, which was flat compared with the same week last year. A total of 91.17 million songs have been downloaded in 2013, a rise of 2 percent.

(Reporting by Eric Kelsey; Editing by Jill Serjeant and Mohammad Zargham)

Music News Headlines – Yahoo! News

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Well: Long Term Effects on Life Expectancy From Smoking

It is often said that smoking takes years off your life, and now a new study shows just how many: Longtime smokers can expect to lose about 10 years of life expectancy.

But amid those grim findings was some good news for former smokers. Those who quit before they turn 35 can gain most if not all of that decade back, and even those who wait until middle age to kick the habit can add about five years back to their life expectancies.

“There’s the old saw that everyone knows smoking is bad for you,” said Dr. Tim McAfee of the Centers for Disease Control and Prevention. “But this paints a much more dramatic picture of the horror of smoking. These are real people that are getting 10 years of life expectancy hacked off — and that’s just on average.”

The findings were part of research, published on Wednesday in The New England Journal of Medicine, that looked at government data on more than 200,000 Americans who were followed starting in 1997. Similar studies that were done in the 1980s and the decades prior had allowed scientists to predict the impact of smoking on mortality. But since then many population trends have changed, and it was unclear whether smokers today fared differently from smokers decades ago.

Since the 1960s, the prevalence of smoking over all has declined, falling from about 40 percent to 20 percent. Today more than half of people that ever smoked have quit, allowing researchers to compare the effects of stopping at various ages.

Modern cigarettes contain less tar and medical advances have cut the rates of death from vascular disease drastically. But have smokers benefited from these advances?

Women in the 1960s, ’70s and ’80s had lower rates of mortality from smoking than men. But it was largely unknown whether this was a biological difference or merely a matter of different habits: earlier generations of women smoked fewer cigarettes and tended to take up smoking at a later age than men.

Now that smoking habits among women today are similar to those of men, would mortality rates be the same as well?

“There was a big gap in our knowledge,” said Dr. McAfee, an author of the study and the director of the C.D.C.’s Office on Smoking and Public Health.

The new research showed that in fact women are no more protected from the consequences of smoking than men. The female smokers in the study represented the first generation of American women that generally began smoking early in life and continued the habit for decades, and the impact on life span was clear. The risk of death from smoking for these women was 50 percent higher than the risk reported for women in similar studies carried out in the 1980s.

“This sort of puts the nail in the coffin around the idea that women might somehow be different or that they suffer fewer effects of smoking,” Dr. McAfee said.

It also showed that differences between smokers and the population in general are becoming more and more stark. Over the last 20 years, advances in medicine and public health have improved life expectancy for the general public, but smokers have not benefited in the same way.

“If anything, this is accentuating the difference between being a smoker and a nonsmoker,” Dr. McAfee said.

The researchers had information about the participants’ smoking histories and other details about their health and backgrounds, including diet, alcohol consumption, education levels and weight and body fat. Using records from the National Death Index, they calculated their mortality rates over time.

People who had smoked fewer than 100 cigarettes in their lifetimes were not classified as smokers. Those who had smoked at least 100 cigarettes but had not had one within five years of the time the data was collected were classified as former smokers.

Not surprisingly, the study showed that the earlier a person quit smoking, the greater the impact. People who quit between 25 and 34 years of age gained about 10 years of life compared to those who continued to smoke. But there were benefits at many ages. People who quit between 35 and 44 gained about nine years, and those who stopped between 45 and 59 gained about four to six years of life expectancy.

From a public health perspective, those numbers are striking, particularly when juxtaposed with preventive measures like blood pressure screenings, colorectal screenings and mammography, the effects of which on life expectancy are more often viewed in terms of days or months, Dr. McAfee said.

“These things are very important, but the size of the benefit pales in comparison to what you can get from stopping smoking,” he said. “The notion that you could add 10 years to your life by something as straightforward as quitting smoking is just mind boggling.”

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