BlackBerry chooses more traditional route to drum up buzz over Super Bowl ad






TORONTO – After a week of massive hype for its new smartphones, BlackBerry has decided to remain secretive about its Super Bowl commercial in an effort to squeeze every bit of juice out of the pricey advertising campaign.


The Waterloo, Ont.-based company, formerly known as Research In Motion (TSX:RIM), released a single frame of the 30-second TV spot on Friday, without any explanation of what it was, or what it meant.






The move goes against the trend of unleashing Super Bowl ads on the Internet ahead of the big game in an effort to generate extra hype.


This year, smartphone competitor Samsung chose to release its commercial starring comedians Seth Rogan and Paul Rudd on Thursday. Other major companies like Mercedes and Coke have also put their ads online.


Recent statistics have shown that advertisers gain more traction from their Super Bowl TV spots if they’re released online before the event, which takes place on Sunday.


Last year, the Super Bowl ads uploaded to YouTube before the game were viewed 600 per cent more times, an average of 9.1 million views, compared to the ones that were put online after the game, according to the streaming video service owned by Google.


Going against the trend, the BlackBerry maker will keep smartphone users guessing about what their advertisement is about and who it might feature. Certainly the company’s publicity team carefully chose which frame to release as its sneak preview.


The frame shows an early 1980s Honda Accord is parked alongside a meter. Behind it, there’s a colourful explosion of powder in front of stairs leading up to apartment No. 437.


The clues would suggest harkening back to the birth of the IBM personal computer, introduced to the market in 1981 using the coding 437 as its original character set, or more simply, the appearance of its font on screen.


It may be a clue because BlackBerry chief executive Thorsten Heins has touted the launch of the new smartphones this week as a new era in mobile computing because the devices have nearly the same amount of processing power as a personal computer.


All of that won’t be proven true or false until the game on Sunday evening where the BlackBerry ad will air sometime after the third quarter, the company said.


The Super Bowl is the most-watched television event of the year, drawing 111.3 million U.S. viewers in 2012.


In Canada, last year’s broadcast drew a record 8.1 million viewers.


The event is also the most expensive event for advertisers, costing an average of $ 3.4 million for a 30-second spot on NBC last year, according to ratings firm Nielsen.


This year, estimates for how much CBS is charging for a 30-second spot vary wildly from between $ 3.6 million to $ 4 million. CTV declined to say how much it charges for Canadian airtime.


Also slated in the Super Bowl commercial lineup are advertisements from the Bank of Montreal (TSX:BMO), with different versions airing on both sides of the border.


In the U.S., the company has purchased airtime in the midwest where its banks have a strong presence under the BMO Harris Bank brand. In the commercial, dubbed “Dream Home,” a young couple ponders the possibilities of buying a home, before they’re surprised when a real estate agent throws up a “For Sale” sign right in front of them.


BMO has also bought airtime in Canada, though it will be showing a commercial that has already aired during prime time.


Last year, a Harris-Decima Canadian Press poll found that more Canadians planned to watch the Super Bowl ads than the football game itself.


Gadgets News Headlines – Yahoo! News





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Mike Tyson’s Controversial ”Law & Order: SVU” Episode Moved Up a Week






LOS ANGELES (TheWrap.com) – NBC is sticking with its decision to cast Mike Tyson in an upcoming episode of “Law & Order: Special Victims Unit.” In fact, it’s moving the episode up a week from its original air date.


Tyson’s guest spot on “SVU” – which sparked outrage online, in light of Tyson’s rape conviction – will air February 6. The episode was originally scheduled to air on February 13.






On the episode, former boxing champ Tyson plays Reggie Rhodes, a murderer on death row who was the victim of a difficult childhood. (Andre Braugher, most recently of ABC’s “Last Resort,” also guest-stars.)


After news of the episode broke, a petition was posted on Change.org, urging NBC to cast someone other than Tyson in the role, or to pull the episode altogether.


“Am I the only one who remembers that Mike Tyson was CONVICTED and sent to prison for raping Desiree Washington?” Marcie Kaveney, an abuse survivor and advocate who started the petition, wrote in her online plea. “I am sorry but I see this as just another way to clean-up his image.”


“While we understand Mr. Tyson has served his time; it seems as though the only person who will benefit from his guest appearance will be him,” the petition, addressed to various NBC executives as well as “SVU” creator Dick Wolf and showrunner Warren Leight, reads. “There are many sexual assault survivors as well as others who consider your decision to be in poor judgment. Mr. Tyson has never publicly apologized to his victim nor has he admitted his crime. In fact, he has publicly ridiculed his victim.”


The petition has so far amassed more than 12,000 signatures.


In 1992, Tyson was convicted of raping beauty pageant contestant Washington. Sentenced to six years in prison, he ultimately served three.


NBC had no comment for TheWrap on why the episode was rescheduled. However, an individual with knowledge of the shuffle told TheWrap that, contrary to earlier reports, the rescheduling is unconnected to the fact that One Billion Rising, a protest in support of female abuse victims, is scheduled to take place the day after the original air date.


Tyson has dabbled in show business in recent years, appearing in cameos in “The Hangover” movie franchise, and performing in a one-man show, “Undisputed Truth,” which is scheduled to begin a tour next month.


TV News Headlines – Yahoo! News




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Birth Control Rule Altered to Allay Religious Objections





WASHINGTON — The Obama administration on Friday proposed yet another compromise to address strenuous objections from religious organizations about a policy requiring health insurance plans to provide free contraceptives, but the change did not end the political furor or legal fight over the issue.




The proposal could expand the number of groups that do not need to pay directly for birth control coverage, encompassing not only churches and other religious organizations, but also some religiously affiliated hospitals, universities and social service agencies. Health insurance companies would pay for the coverage.


The latest proposed change is the third in the last 15 months, all announced on Fridays, as President Obama has struggled to balance women’s rights, health care and religious liberty. Legal experts said the fight could end up in the Supreme Court.


Kathleen Sebelius, the secretary of health and human services, said the proposal would guarantee free coverage of birth control “while respecting religious concerns.”


But Kyle Duncan, the general counsel of the Becket Fund for Religious Liberty in Washington, which is representing employers in eight lawsuits, said the litigation would continue. “Today’s proposed rule does nothing to protect the religious freedom of millions of Americans,” Mr. Duncan said.


Religious groups dissatisfied with the new proposal want a broader, more explicit exemption for religious organizations and protection for secular businesses owned by people with religious objections to contraceptive coverage.


The tortured history of the rule has played out in several chapters. The Obama administration first issued standards requiring insurers to cover contraceptives for women in August 2011, less than a month after receiving recommendations to that effect from the National Academy of Sciences. In January 2012, the administration rejected a broad exemption sought by the Roman Catholic Church for insurance provided by Catholic hospitals, colleges and charities. After a firestorm of criticism from Catholic bishops and Republican lawmakers, the administration offered a possible compromise that February. But it left many questions unanswered and did not say how coverage would be provided for self-insured religious organizations.


Under the new proposal, churches and nonprofit religious organizations that object to providing birth control coverage on religious grounds would not have to pay for it.


Female employees could get free contraceptive coverage through a separate plan that would be provided by a health insurer. Institutions objecting to the coverage would not pay for the contraceptives.


Chiquita Brooks-LaSure, who helped develop the proposal as deputy director of the federal office that regulates health insurance, said: “Under the proposed rule, insurance companies — not churches or other religious organizations — will cover contraceptive services. No nonprofit religious institution will be forced to pay for or provide contraceptive coverage, and churches and houses of worship are specifically exempt.”


Moreover, she said, “Nonprofit religious organizations like universities, hospitals or charities with religious objections won’t have to arrange, contract or pay for coverage of these services for their employees or students.”


But some of the lawsuits objecting to the plan have been filed by businesses owned by people who say they have religious reasons for not wanting to provide contraceptive coverage. Under the proposed rule, “for-profit secular employers” would have to provide birth control coverage to employees, even if the business owners had a religious objection to the idea.


Insurers said they were studying the proposal, but had questions about how it would work. Many insurers asked where they would get the money to pay for birth control pills if — as the proposed rule says — they cannot “impose any premium, fee or other charge” for the coverage. The 2010 health care law generally requires employers to provide women with coverage at no cost for “preventive care and screenings,” which the administration says must include contraceptives for women under most health plans.


The administration says employers must cover sterilization and the full range of contraceptive methods approved by the Food and Drug Administration, including emergency contraceptive pills, like those known as ella and Plan B One-Step. Employers that do not provide such coverage will be subject to financial penalties.


The proposed rule is somewhat ambiguous about exactly who would pay the cost of contraceptive coverage.


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Media Decoder Blog: In Wake of Restructuring, NBC News President Quits

8:30 p.m. | Updated

The longest-serving president of any of the three network news divisions, Steve Capus of NBC News, stepped down from his position on Friday, six months after Comcast restructured its news units in a way that diminished his authority.

Pat Fili-Krushel, chairwoman of the NBCUniversal News Group, said in a brief telephone interview on Friday that she would “cast a wide net” while searching for a successor to Mr. Capus. In the interim, the leaders of the news division will report directly to her.

Ms. Fili-Krushel became Mr. Capus’s boss last July when Steve Burke, the chief executive of NBCUniversal, consolidated all of NBC’s news units — NBC News, the cable news channels MSNBC and CNBC, and its stake in the Weather Channel — under a new umbrella, the NBCUniversal News Group. Mr. Burke asked Ms. Fili-Krushel, one of his most trusted lieutenants, to run it, while keeping Mr. Capus and the heads of the other units in place.

Ms. Fili-Krushel worked early in her career at HBO and Lifetime. A veteran of the Walt Disney Company, where she helped program ABC, and  Time Warner, where she was an administrator, she is by her own admission not a journalist.  But now she is, by default, the highest-ranking woman in the American television news industry — not just at the moment, but in the history of the medium. The heads of the news divisions at ABC and CBS are men, as are the heads of the Fox News Channel, CNN, and Bloomberg.

Ms. Fili-Krushel has kept a low public profile, but has been a forceful presence behind the scenes, recently moving from her office on the 51st floor of 30 Rockefeller Center, near Mr. Burke’s, to a new one on the third floor, where NBC News is based. On Friday, she said she had spent her first six months “learning, listening and getting to know the players here.” She called the News Group an “unbelievably strong organization.”

Though Mr. Capus’s exit saddened many at NBC News on Friday, it came as little surprise. He had previously reported directly to Mr. Burke, but after the restructuring he reported to Ms. Fili-Krushel, and he made no secret of his unhappiness with the change. His contract had a clause that allowed him to leave in the event that he no longer reported to Mr. Burke, according to two people with direct knowledge of the arrangement at NBC, and he decided to exercise that right after months of contemplation. The people insisted on anonymity because they were not authorized by the network to speak publicly.

Mr. Capus told Ms. Fili-Krushel of his intent to leave last Friday. It is likely that he would have left sooner, but a series of major news stories kept him busy late last year — including Hurricane Sandy, the presidential election and the school shooting in Newtown, Conn. Mr. Capus also oversaw the network’s response to the kidnapping of Richard Engel and an NBC News crew in Syria last month.

“It has been a privilege to have spent two decades here, but it is now time to head in a new direction,” he wrote in an e-mail to staff members on Friday afternoon.

Mr. Capus guided NBC through a revolutionary time in news-gathering and distribution. He maintained the news division’s profitability, managed tensions between NBC News and its increasingly liberal cable channel MSNBC, and fostered new business ventures like an in-house production company and an annual education summit. Last year, he unwound an old deal with Microsoft to give the news division complete control over its Web site, now named NBCNews.com, for the first time.

Ms. Fili-Krushel wrote in a separate e-mail to staff members that “NBC News is America’s leading source of television news and Steve has been a big part of that success.”

NBC News is the producer of the most popular evening newscast in the country. But its single biggest source of profits, the morning show “Today,” fell to second place last year, behind ABC’s “Good Morning America,” for the first time since the 1990s. The decline caused widespread anxiety inside the news division and speculation that Mr. Capus would be relieved of his duties.

Inside NBC, both Mr. Capus and the executive producer of “Today,” Jim Bell, received much of the blame for the botched removal of Ann Curry from “Today” last June, which worsened the show’s already tenuous position in the ratings. Ms. Fili-Krushel was put in charge just a few weeks later.

Mr. Bell was replaced at “Today” last fall and is now the executive producer for NBC Olympics. Savannah Guthrie is now the co-host of “Today,” and Ms. Curry is a national and international correspondent for the network, but is rarely seen. Mr. Capus’s exit was seen by some at the network as the last shoe that had to drop.

In his e-mail to staff members, Mr. Capus called it an “extremely difficult decision to walk away,” noting that he started at NBC as a producer 20 years ago this month. He did not make any mention of what he would do next. “Journalism is, indeed, a noble calling, and I have much I hope to accomplish in the next phase of my career,” he wrote.

“Today” continues to lose to ABC’s “Good Morning America” among total viewers, but lately it has won a few weeks in the 25- to 54-year-old demographic that advertisers covet.

“NBC Nightly News” has more successfully fended off ABC’s “World News,” despite an aggressive push by ABC. Mr. Capus said, “NBC News has grown in all key metrics — from ratings and reputation to profitability.”

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Hagel hearing reopens Senate wounds









WASHINGTON — Chuck Hagel, who was twice wounded as an enlisted soldier in Vietnam, came under withering attack Thursday as he battled former Republican colleagues in the Senate who sharply questioned whether he should be secretary of Defense.


In a daylong confirmation hearing notable for its raw emotion, Hagel was challenged to explain — and often to retract — earlier comments critical of Israel, his onetime skepticism of the nuclear threat from Iran, and perhaps most memorably, whether he could name a single "dumb" action the Senate had taken under pressure from the pro-Israel lobby.


Hagel, who appeared beleaguered at times, said he could not.





The spectacle often seemed more about Republicans publicly settling scores with the 66-year-old Nebraskan, who spent two terms in the Senate and retired in 2009. He grew increasingly estranged from his GOP colleagues after he began to criticize the war in Iraq, expressed doubts about use of force against Iran and lent support to Barack Obama in the 2008 presidential election.


Hagel sometimes stumbled answering the rapid-fire questions, at one point misstating — later correcting himself — the White House policy on preventing Iran from obtaining nuclear weapons.


He still appears likely to win confirmation by the full Senate, which has a Democratic majority.


If confirmed, Hagel would be the first Vietnam combat veteran to lead the Pentagon. The former Army sergeant, who spent 1967-68 fighting in the Mekong Delta, would inherit a Defense Department facing potentially drastic budget cuts, the withdrawal of U.S. troops from the war in Afghanistan, a growing debate over targeted killings by drone aircraft, an emerging conflict with insurgent groups in North Africa, the integration of women into direct ground combat roles, and other tasks.


But on Thursday, the battle over his nomination reopened contentious national security debates from years past. At times the session seemed more an inquisition than a typical confirmation hearing.


In the most striking example, Sen. John McCain, the Arizona Republican who lost to Obama in 2008, ripped into Hagel for his critique of the Iraq war, displaying how the bond forged between the former colleagues by their military service in Vietnam had been torn apart by another war.


"The question is, were you right or were you wrong?" McCain demanded, pressing Hagel on why he opposed President George W. Bush's decision to send 20,000 additional troops to Iraq in the so-called surge.


"I'm not going to give you a yes-or-no answer. I think its far more complicated than that," Hagel responded calmly. He said he would await the "judgment of history."


Glaring at Hagel, McCain ended the exchange with a bitter rejoinder: "I think history has already made a judgment about the surge, sir, and you are on the wrong side of it."


Hagel faced tough questioning even from Democrats on the Senate Armed Services Committee who have announced they intend to vote for him.


Sen. Carl Levin (D-Mich.), the committee chairman, took issue with what he called Hagel's "troubling" statements about Israel, his calls for direct talks with the militant group Hamas and his advocating against isolating Iran.


"While there is value in communicating with our adversaries, the formulation used by Sen. Hagel seemed to imply a willingness to talk to Iran on some issues that I believe most would view as nonnegotiable," Levin said.


When the hearing began, Hagel said he stood by his record in public service even as he urged lawmakers to look beyond his now-controversial votes and statements. He noted that he had cast thousands of votes during his Senate career and given hundreds of interviews and speeches.


"As you all know, I am on the record on many issues," he said. "But no one individual vote, no one individual quote, no one individual statement defines me, my beliefs, or my record."


Since his nomination last month, Hagel has clarified or apologized for several controversial statements. He also sought to rebut critics who warned he may not push hard enough to prevent Iran from obtaining nuclear weapons.


"We were in a different place with Iran at that time," Hagel said Thursday, explaining why he once voted against imposing unilateral U.S. sanctions on Iran. "It was never a question of did I disagree with the objective" of denying Iran nuclear weapons.


But he clearly didn't satisfy Sen. Lindsey Graham (R-S.C.), who seemed outraged at Hagel's 2006 remark in an interview that "the Jewish lobby" had intimidated members of the Senate into doing "dumb things" not in the interest of Israel.





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BSkyB to offer sports channels online for daily fee






LONDON (Reuters) – BSkyB will offer its popular sports channels online for a daily fee, seeking new customers to offset slowing growth at its core pay-TV service amid sluggish consumer spending.


Sky, Britain’s dominant pay-TV group which provides fixed-line telephony, TV and broadband to 10.7 million households, has adapted its strategy during the economic downturn after years of chasing new subscribers to its core TV offering.






The group added 25,000 subscribers to its pay-TV service in the three months to the end of December, well down on the more than 100,000 users it used to routinely add each quarter.


In response, it has focused on selling more products such as high definition TV and broadband to existing customers, and moving online to reach those not willing to sign up to a monthly contract. The approach has enabled the group to consistently post strong financial results and pay higher dividends.


“Although we expect the consumer environment in 2013 to remain challenging, we have a strong set of plans for the year ahead,” Chief Executive Jeremy Darroch said on Thursday.


Darroch said the group would offer its sports channels, which show everything from Premier League soccer to Formula One motor racing and cricket, on its new online service called Now TV in the next few months.


Viewers, who do not need to sign up to a contract, will be able to pay 9.99 pounds to watch all six Sky Sports channels for 24 hours. It has already shown movies via the online offering to 25,000 customers since its launch last year.


The new internet drive will help BSkyB compete with existing online services such as Lovefilm and with BT Vision, which has won the right to show its own sports content, but it is also having to bet that its existing customers will not downgrade to the cheaper online offering to save money.


CUSTOMER LOYALTY


The group’s performance in the first half of the year showed that, despite the pressures on consumer spending, customer loyalty had remained relatively solid, with subscribers spending on average 568 pounds a year, up 24 pounds on the year before.


“Net additions were slightly below our estimates reflecting the tough consumer environment,” analysts at Numis said. “(But) encouragingly, take up of new products continues to increase, driving customer satisfaction and loyalty.”


Those customers taking all three main services – TV, broadband and telephony – accounted for 33 percent of the user base, up 4 percentage points year on year.


The rise in customers helped the group to post first-half operating profit up 8 percent to 647 million pounds ($ 1 billion) against a forecast of 632 million pounds. Cost control helped the group pay an interim dividend up 20 percent to 11 pence.


“We believe the BSkyB investment case has evolved over the past year or so, with the challenging consumer environment making the addition of new households to the (pay-TV) service more difficult,” Numis said.


“The group has rightly prioritized the increased penetration of multiple products, notably HD and broadband, which drive average revenue per user and reduce churn over the medium/long term. We are supportive of investment in products such as Now TV which offer an attractive risk/return in our view.”


Shares in BSkyB were up 1 percent to 819 pence in mid-morning trade, following a 21 percent rise in the last 12 months, and valuing the group at 13.2 billion pounds.


(Reporting by Kate Holton; Editing by Rhys Jones and Mark Potter)


Internet News Headlines – Yahoo! News





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Relativity Buys Into Jim Carrey Heist Comedy ”Loomis Fargo”






NEW YORK (TheWrap.com) – Relativity Media has acquired worldwide rights to the Jim Carrey heist comedy “Loomis Fargo,” which it will finance, produce and distribute, the studio announced on Thursday.


Jared Hess, who co-wrote and directed “Napoleon Dynamite,” will direct the movie from a script by Emily Spivey that also counts Chris Bowman and Hubbel Palmer as writers. Inspired by true events, it tells the story of four Southerners who stole nearly $ 20 million from an armed Loomis Fargo truck in 1997.






“Saturday Night Live” creator Lorne Michaels and John Goldwyn are producing the movie while Danny McBride, Jody Hill, Michael Aguilar, Kevin Messick are executive producing with Relativity CEO Ryan Kavanaugh and president Tucker Tooley.


Brett Dahl will oversee the project for Relativity, which is aiming for an April start to production.


Carrey can next be seen in “The Incredible Burt Wonderstone,” which will premiere at South by Southwest before it theatrical release. Relativity just acquired Joseph Gordon-Levitt’s directorial debut “Don Jon’s Addiction” at Sundance and will next release the romantic thriller “Save Haven.”


Movies News Headlines – Yahoo! News





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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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Wall Street Journal Reports Attack by China Hackers





One day after The New York Times reported that Chinese hackers had infiltrated its computers and stolen passwords for its employees, The Wall Street Journal announced that it too had been hacked.




On Thursday, The Journal reported that it had been attacked by Chinese hackers who were trying to monitor the company’s coverage of China. It said hackers had broken into its network through computers in its Beijing bureau.


In a written statement, the business newspaper owned by News Corporation described the attack as an “ongoing issue” and said it was working closely with authorities and security specialists to clean up its systems. It said that it completed a “network overhaul” on Thursday in an effort to rid its systems of hackers.


China’s Ministry of National Defense has denied any involvement in the cyberattack at The Times or any other American corporations.


But security experts said that in 2008, Chinese hackers began targeting American news organizations as part of an effort to monitor coverage of Chinese issues.


In a report for clients in December, Mandiant, a computer security company, said that over the course of several investigations it found evidence that Chinese hackers had stolen e-mails, contacts and files from more than 30 journalists and executives at Western news organizations, and had maintained a “short list” of journalists for repeated attacks. Among those targeted were journalists who had written about Chinese leaders, political and legal issues in China and the telecom giant Huawei.


Bloomberg News, another American news organization, was targeted by Chinese hackers last year, and some computers were infected, according to a person with knowledge of the company’s internal investigation. The attack occurred after Bloomberg published an article on June 29 about the wealth accumulated by relatives of Xi Jinping, a Chinese official who is expected to become president in March.


Bloomberg has confirmed that hackers had made attempts but said that “no computer systems or computers were compromised.”


The timing of the attacks on The New York Times coincided with the reporting for an investigation, published online on Oct. 25, that found that the relatives of Wen Jiabao, China’s prime minister, had accumulated a fortune worth several billion dollars through business dealings.


Security experts hired by The Times to detect and block the computer attacks found digital evidence that Chinese hackers, using methods that some consultants have associated with the Chinese military in the past, breached The Times’s network.


The Associated Press reported Thursday that officials in the Obama administration were considering more assertive action against Beijing to stop Chinese computer espionage campaigns.


The Secretary of State, Hillary Clinton, said Thursday a global effort was needed o establish “rules of the road” for cyber activity.  In her final meeting with reporters at the State Department, Mrs. Clinton addressed a question about China’s efforts to infiltrate computer systems at The New York Times. 


 “We have seen over the last years an increase in not only the hacking attempts on government institutions but also non-governmental ones,.” Mrs. Clinton said.


The Chinese, she said , "are not the only people who are hacking us." 


 In her final meeting with reporters at the State Department, Mrs. Clinton addressed a question about China’s efforts to infiltrate computer systems at The New York Times. 


 “We have seen over the last years an increase in not only the hacking attempts on government institutions but also non-governmental ones,” Mrs. Clinton said.


The Chinese, she said , "are not the only people who are hacking us." 


"There is a lot that we are working on that will be deployed in the event that we don’t get some kind of international effort under way," Mrs. Clinton added without elaborating.


The United States has been increasingly vocal about such efforts against government and private industry. In a November 2011 intelligence report, government officials specifically accused China and Russia of stealing intellectual property for economic gain.


Michael Gordon contributed reporting from Washington.



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California restricts hiring after dual-paycheck revelations









SACRAMENTO — Gov. Jerry Brown's administration has restricted state departments' hiring authority following revelations that hundreds of public employees were receiving pay for second state jobs in addition to their normal salaries.


Workers receiving more than one state paycheck, known in official parlance as "additional appointments," were found in a variety of departments and agencies, including the California Public Employees Retirement System and the Department of Corrections and Rehabilitation, and in several state hospitals.


The Brown administration did not ban the practice, but any such hire must now be approved by its Office of Human Resources.








"It appears that in some cases people were paid additionally for the job they were hired to do in the first place," said Assemblyman Jeff Gorell (R-Camarillo), who introduced a bill Wednesday to ban salaried state employees from holding more than one state job. "It's inappropriate at best and potentially abusive," he said.


Gorell said the proliferation of double paychecks highlights the need for more legislative oversight of the executive branch.


"It's clear that the governor and his administration don't fully understand what's happening in these agencies," he said.


Documents provided by the state controller's office show that 571 nonunion employees hold more than one position in various departments. The records do not show what those employees were paid.


The Sacramento Bee reported that dozens of state corrections officers received additional compensation beyond that of their regular jobs — some of which paid up to $20,000 per month. The paper also reported that the chief psychiatrist at Napa State Hospital, who receives an annual salary of more than $275,000, was receiving an additional $125 per hour for work as a staff psychiatrist.


"It's a scam," said Jamie Court, president of Consumer Watchdog, a nonprofit advocacy agency. "Many people in all kinds of different jobs work for a set salary understanding that sometimes that means working long hours. Unfortunately, that's not always the culture of government."


A spokesman for the state's largest public employee union said the extra pay was for managers and other nonunion employees who are not eligible for overtime. Most unionized workers receive overtime if they put in extra hours.


A spokesman for CalPERS said it had allowed salaried workers to receive extra pay since June 2011 to help the agency launch and test a new technology project. Brad Pacheco said that using existing workers saved CalPERS an estimated $1.6 million that would have been spent to hire outside consultants and train new staff.


The human resources agency issued a statement saying that officials were "conducting a full review to determine whether there is any justification for continuing this practice."


anthony.york@latimes.com





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