'Hobbit' bests 'Rings' with $84.8 million opening

NEW YORK (AP) — Peter Jackson's "The Hobbit" led the box office with a haul of $84.8 million, a record-setting opening better than the three previous "Lord of the Rings" films.

The Warner Bros. Middle Earth epic was the biggest December opening ever, surpassing Will Smith's "I Am Legend," which opened with $77.2 million in 2007, according to studio estimates Sunday. "The Hobbit: An Unexpected Journey" also passed the December opening of "Avatar," which opened with $77 million. Internationally, "The Hobbit" also added $138.2 million, for an impressive global debut of $223 million.

Despite weak reviews, the 3-D adaptation of J. R. R. Tolkien's first novel in the fantasy series was an even bigger draw than the last "Lord of the Rings" movie, "The Return of the King." That film opened with $72.6 million. "The Hobbit" is the first of another planned trilogy, with two more films to be squeezed out of Tolkien's book.

While Jackson's "Rings" movies drew many accolades — "The Return of the King" won best picture from the Academy Awards — the path for "The Hobbit" has been rockier. It received no Golden Globes nominations on Thursday, though all three "Rings" films were nominated by the Hollywood Foreign Press Association for best picture.

Particularly criticized has been the film's 48-frames-per-second (double the usual rate), a hyper-detailed look that some have found jarring. Most moviegoers didn't see "The Hobbit" in that version, though, as the new technology was rolled out in only 461 of the 4,045 theaters playing the film.

Regardless of any misgivings over "The Hobbit," the film was a hit with audiences. They graded the film with an "A'' CinemaScore.

"What's really important, what makes this special is the CinemaScore," said Dan Fellman, president of domestic distribution for Warner Bros. "All these things point to a great word of mouth. We haven't even made it to the Christmas holidays yet. Kids are still in school this week."

The strong opening culminated a long journey for "The Hobbit," which was initially delayed when a lawsuit dragged on between Jackson and "Rings" producer New Line Cinema over merchandizing revenue. At one point, Guillermo del Toro was to direct the film with Jackson producing. But eventually the filmmaker opted to direct the movie himself, originally envisioning two "Hobbit" films. The production also went through the bankruptcy of distribution partner MGM and a labor dispute in New Zealand, where the film was shot.

The long delay for "The Hobbit," nearly a decade after the last "Lord of the Rings" film, made it "one of those movies that had everyone scratching their heads as to how it would open," said Paul Dergarabedian, an analyst for box-office tracker Hollywood.com.

"It's been a decade since the 'Lord of the Rings' trilogy concluded," said Dergarabedian. "There's been so much anticipation for this film and having Peter Jackson back at the helm just made it irresistible both to fans and the non-initiated alike."

"The Hobbit" was far and away the biggest draw in theaters, with no other new wide release. Paramount's "Rise of the Guardians" continued to draw the family crowd, with $7.4 million, bringing its cumulative total to $71.4 million. The Oscar contender "Lincoln" from Walt Disney crossed the $100 million mark, adding another $7.2 million to bring its six-week total to $107.9 million. And Sony's James Bond film "Skyfall," with another $7 million domestically, drew closer to a global take of $1 billion.

The box office continued to be on the upswing and with anticipated releases like "Les Miserables," ''Django Unchained" and "The Guilt Trip" approaching in the holiday moviegoing season. Dergarabedian expects the year to break the 2009 record of $10.6 billion. With some $10.2 billion in revenue thus far, he said, "We're on track to be in that realm."

Estimated ticket sales for Friday through Sunday at U.S. and Canadian theaters, according to Hollywood.com. Where available, latest international numbers are also included. Final domestic figures will be released Monday.

1. "The Hobbit: An Unexpected Journey," $84.8 million ($138.2 million international).

2. "Rise of the Guardians," $7.4 million ($20.1 million international).

3. "Lincoln," $7.2 million.

4. "Skyfall," $7 million ($12.2 million international).

5. "Life of Pi," $5.4 million ($11.5 million international).

6. "The Twilight Saga: Breaking Dawn, Part 2," $5.2 million ($13 million international).

7. "Wreck-It Ralph," $3.3million ($4.7 million international).

8. "Playing for Keeps," $3.2 million ($1.4 million international).

9. "Red Dawn," $2.4 million.

10. "Silver Linings Playbook," $2 million ($370,000 international).

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Estimated weekend ticket sales at international theaters (excluding the U.S. and Canada) for films distributed overseas by Hollywood studios, according to Rentrak:

1. "The Hobbit: An Unexpected Journey," $138.2 million.

2. "Rise of the Guardians," $20. 1 million.

3. "The Twilight Saga: Breaking Dawn, Part 2," $13 million.

4. "Skyfall," $12.2 million.

5. "Life of Pi," $11.5 million.

6. "Wreck-It Ralph," $4.7 million.

7. "26 Years," $3.5 million.

8. "Whatcha Wearin'? (My P.S. Partner)," $3 million.

9. "Tutto Tutto Niente Niente," $2.4 million.

10. "Pitch Perfect," $2.3 million.

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Universal and Focus are owned by NBC Universal, a unit of Comcast Corp.; Sony, Columbia, Sony Screen Gems and Sony Pictures Classics are units of Sony Corp.; Paramount is owned by Viacom Inc.; Disney, Pixar and Marvel are owned by The Walt Disney Co.; Miramax is owned by Filmyard Holdings LLC; 20th Century Fox and Fox Searchlight are owned by News Corp.; Warner Bros. and New Line are units of Time Warner Inc.; MGM is owned by a group of former creditors including Highland Capital, Anchorage Advisors and Carl Icahn; Lionsgate is owned by Lions Gate Entertainment Corp.; IFC is owned by AMC Networks Inc.; Rogue is owned by Relativity Media LLC.

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Mislabeled Foods Find Their Way to Diners’ Tables

ATLANTA — The menu offered fried catfish. But Freddie Washington, a pastor in Tuscaloosa, Ala., who sometimes eats out five nights a week and was raised on Gulf Coast seafood, was served tilapia.

Dustin Chambers for The New York Times

Consumers are misled most frequently when they buy fish, investigators say, because diners have such limited knowledge about seafood. 

It was a culinary bait and switch. Mr. Washington complained. The restaurant had run out of catfish, the manager explained, and the pastor left the restaurant with a free dinner, an apology and a couple of gift certificates.

“If I’m paying for a menu item,” Mr. Washington said, “I’m expecting that menu item to be placed before me.”

The subject of deceptive restaurant menus took on new life last week when Oceana, an international organization dedicated to ocean conservation, released a report with the headline “Widespread Seafood Fraud Found in New York City.”

Using genetic testing, the group found tilapia and tilefish posing as red snapper. Farmed salmon was sold as wild. Escolar, which can also legally be called oil fish, was disguised as white tuna, which is an unofficial nickname for albacore tuna.

Every one of 16 sushi bars investigated sold the researchers mislabeled fish. In all, 39 percent of the seafood from 81 grocery stores and restaurants was not what the establishment claimed it was.

“This thing with fish is age old, it’s been going on forever,” said Anne Quatrano, an Atlanta chef who opened Bacchanalia 20 years ago and kick-started the city’s sustainable food movement. “Unless you buy whole fish, you can’t always know what you’re getting from a supplier.”

Swapping one ingredient for a less expensive one extends beyond fish and is not always the fault of the person who sells food to the restaurant. Many a pork cutlet has headed to a table disguised as veal, and many an organic salad is not.

The term organic is regulated by the Department of Agriculture, but many other identifying words on a menu are essentially marketing terms. Unscrupulous chefs can falsely claim that a steak is Kobe beef or say a chicken was humanely treated without penalty.

In cases of blatant mislabeling, a chef or supplier often takes the bet that a local or federal agency charged with stopping deceptive practices is not likely to walk in the door. “This has been going on for as long as I’ve been cooking,” said Tom Colicchio, a New York chef and television personality. “When you start really getting into this stuff, there’s so many things people mislabel.”

At Mr. Colicchio’s New York restaurants, all but about 5 percent of the meat he serves is from animals raised without antibiotics, he said. It costs him about 30 percent more, so he charges more. “Yet I have a restaurant down the street that says they have organic chicken when they don’t, and they charge less money for it,” he said. “It’s all part of mislabeling and duping the public.”

Consumers are misled most frequently when they buy fish, investigators say, because there are so many fish in the sea and such limited knowledge among diners. The Food and Drug Administration lists 519 acceptable market names for fish, but more than 1,700 species are sold, said Morgan Liscinsky, a spokesman with the agency.

Marketing thousands of species in the ocean to a dining public who often has to be coaxed to move beyond the top five — shrimp, tuna, salmon, pollock and tilapia — is not an exact science.

The line between marketing something like Patagonian toothfish as Chilean sea bass or serving langostino and calling it lobster is a fine one.

Robert DeMasco, who owns Pierless Fish, a wholesaler in New York, used a profanity to describe someone who buys farm-raised fish and sells it as wild. “But on some of this, they’re splitting hairs,” he said.

In 2005, a customer sued Rubio’s, a West Coast taco chain, for misleading the public by selling a langostino lobster burrito. The FDA ruled that practice acceptable, which allowed chains like Long John Silver’s and Red Lobster to sell the crustacean called langostino and legally attach the word lobster to it. Maine lobstermen and lawmakers fought the decision unsuccessfully.

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Don't impoverish yourself to pay kids' student loans

Dear Liz: I'm in my 50s. My kids have college loan debts that might total more than $200,000. I allowed them to take out loans because I expected to inherit $300,000 to help them pay off the debt. Now that inheritance will not happen.

I have $250,000 saved for retirement. When I'm 58 1/2 years old, I would like to pull that money out and pay some or all of these debts. Or use home equity. I've recently been downsized in employment, but I am looking to increase my income so I can help with their debt. Advice?

Answer: If your goal is to impoverish yourself so your kids will have to take care of you in your old age, by all means proceed with your plan. Otherwise, you need to rethink this.

You've been laid off in the middle of what should be your peak earning years. Older workers often have a tougher time than younger ones finding replacement jobs, even in a better economy than this one. You may not be able to replace your former income, which means you may not be able to add much to the amount you've already saved. You should be conserving your resources, including your home equity, and not squandering it repaying debts that aren't yours.

And "squandering" is the right word. You may be able to avoid paying federal and state tax penalties on withdrawals under certain conditions; distributions made after age 59 1/2 avoid the penalties, as do those made if you're "separated from service" if the job termination occurred in or after the year you turn 55. But you'll still owe income taxes on the withdrawal, and those can be considerable.

Your children are the ones who will benefit from their educations. Those educations should allow them to earn incomes to repay these loans. The amount of debt they've accrued might be excessive — you didn't specify how many kids, or whether this debt is being incurred pursuing undergraduate or graduate degrees. Ultimately, though, they will be in a better position to pay the debt than you are.

If you promised them help you can't deliver, sit down with them now to break the bad news and strategize on how they can finish their educations without incurring substantially more debt.

Your story also should serve as a cautionary tale for anyone counting on an inheritance to pay future bills. Until the money is in your bank account, it's not yours and shouldn't be part of your financial planning.

Refinancing mortgage in divorce may not be wise move

Dear Liz: My soon-to-be ex wants to refinance our mortgage to pay for renovations so we can sell it for more money. He also wants to take out some cash to pay off unsecured loans. (I have $11,000 in credit card debt, and he has over $50,000.) The house recently appraised for $310,000 and we owe $158,000 on it. Is it wise to refinance in this circumstance?

Answer: A cash-out refinance would be a risky maneuver even if you intended to stay married. Renovations rarely boost a home sale price enough to cover their cost. Also, home equity that's used to pay off credit card bills is often wasted, since the borrower never fixes the problem that led to overspending in the first place and simply runs up more debt. Since he would be getting the bulk of the benefit by having more of his debt paid off, you also would need to adjust the rest of your property settlement.

Often, the best and easiest solution in a divorce is to simply sell the house. You certainly wouldn't want to remain on a mortgage with an ex after the divorce was final, if you could possibly avoid it. A good divorce attorney can give you advice about how to proceed from here.

Make saving money automatic

Dear Liz: What's the easiest way to save money? I have the hardest time. I want to save, but I feel that I don't make enough to start saving.

Answer: The easiest way to save is to do it without thinking about it.

That usually means setting up automatic transfers either from your paycheck or from your checking account. If you have to think about putting aside money, you'll probably think of other things to do with that cash. If it's done automatically, you may be surprised at how fast the money piles up.

The second part of this equation is to leave your savings alone. If you're constantly dipping into savings to cover regular expenses, you won't get ahead.

People manage to save even on small incomes because they make it a priority. They "pay themselves first," putting aside money for savings before any other bills are paid. Start with small, regular transfers and increase them as you can.

Questions may be sent to 3940 Laurel Canyon, No. 238, Studio City, CA 91604 or by using the "Contact" form at asklizweston.com. Distributed by No More Red Inc.

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Apple takes investors on a wild ride

SAN FRANCISCO — With only modest expectations, Robert Leitao of Santa Clarita made a decision in 1994 that would change his life. He bought Apple stock.

This was several years before Steve Jobs returned to resurrect Apple, long before the iPod, the iPhone or the iPads that would make Apple the most valuable company in the world. A $1 investment in Apple at the start of 1994 is now worth about $70.

"Even with the recent sell-off, I'm still doing very well with the stock," said Leitao, who works as director of operations at a Catholic church in Burbank. "Apple provided for a down payment on our home for our blended family of four kids."

Leitao is one of the countless people whose lives have been touched by Apple's stock, which has become a global economic force. It is now one of the most widely held stocks, and the most valuable. Even as Apple Inc.'s market value fell to $480 billion on Friday, it was still larger than the gross domestic product of Norway or Argentina, and more than the combined value of Google Inc. and Microsoft Corp.

Yet that astonishing size and economic influence is also what, many analysts believe, contributes to the extraordinary volatility that can make owning Apple's stock a hair-raising experience.

It was inevitable, analysts say, that after Apple's stock rose 74% in the first nine months of this year, a huge wave of selling would occur as fund managers locked in their profits. And yet, in recent years, these huge dips have been followed by even bigger run-ups that led to new record highs, a dynamic that one trader refers to as the "Apple slingshot."

That pattern has some analysts betting Apple will soar above $1,000 a share in 2013, a scenario almost guaranteed to drive the global obsession with the company's stock into an even greater frenzy.

"The impact on shareholders and on the economy is incredible," said Howard Silverblatt, senior index analyst for S&P Dow Jones Indices. "We've not seen anything like this in the modern trading era. Ever."

Even after the remarkable decade of Apple's revival, the company's stock managed to reach new milestones this year. Early in 2012, Apple became the sixth company ever to surpass $500 billion in market value. In August, it became the only company in history with a market value topping $622 billion.

That performance affects just about anyone who has a 401(k) account or a pension. According to FactSet, a research firm that tracks investment funds, 2,555 institutional investors — mutual funds, hedge funds and pension funds, among others — owned stock in Apple, just behind the 2,590 that held Microsoft stock, as of Sept. 30, the most recent date funds had to disclose their holdings. However, the value of that Apple stock held by institutional investors on that day was $427 billion, compared with $172 billion for Microsoft, according to FactSet.

Silverblatt said the only company that has come close to having such a strong influence on the broader stock markets since World War II is IBM in the early 1980s, when the PC revolution was just getting started. But not only is the value of Apple's stock remarkable, so is its volatility. Such large stocks rarely have such big, quick swings.

Apple shares peaked at $702.10 on Sept. 19, up from $401.44 at the start of the year, a run that astonished analysts. But just as remarkable has been its collapse, falling as low as $505.75 in intra-day trading Nov. 16.

"It's just amazing because it's such a large company," said Brian Colello, a senior research analyst at Morningstar. "The company lost about $35 billion in market cap in one day. That's the size of some large-cap stocks."

Yet such swings have become commonplace for Apple stock. Before its latest swoon of 23.4% since its September high, Apple had experienced three previous corrections of more than 10% over the last two years.

The value of Apple's stock and its extreme swings have made researching it and trading it almost a full-time job for some people. Jason Schwarz of Marina del Rey edits EconomicTiming.com, which sends out up to five newsletters each week to its 1,000 clients that focus in large measure on Apple. He also helps run Lone Peak Asset Management, which has about $500 million in assets.

Schwarz says that what he calls the "Apple slingshot" is actually a virtue of the shares.

"The extraordinary volatility is the result of Apple's strength," Schwarz said. "People try to blame the volatility on Apple's weaknesses."

Schwarz and many other Apple believers argue that people are making a big mistake when they try to understand the stock's behavior by focusing on various bits of bad news such as an executive shake-up, the Maps controversy or questions about market share or competition. They have almost nothing to do with the regular hits taken by Apple shares, the argument goes.

Instead, folks like Schwarz say more technical factors are at work, such as the fact that the fiscal year for many stock funds ends Oct. 31. When the stock peaked in September, many fund managers rushed to sell to lock in profits for the year. Apple stock makes so much money for so many people, then plummets when shareholders pause to reap their profits, Schwarz says.

The volatility has continued in recent weeks, the argument goes, because fears of higher taxes next year have many fund managers trying to take advantage of short-term swings to make bigger profits. That volatility offers tantalizing windows for huge, short-term profits for investors willing to take the risk.

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Samsung Smart TVs: The next frontier for data theft and hacking [video]

Smart TVs, particularly Samsung’s (005930) last few generations of flat screens, can be hacked to give attackers remote access according to a security startup called ReVuln. The company says it discovered a “zero-day exploit” that hackers could potentially use to perform malicious activities that range from stealing accounts linked through apps to using built-in webcams and microphones to spy on unsuspecting couch potatoes. Don’t panic just yet, though. In order for the exploit to be activated, a hacker needs to plug a USB drive loaded with malicious software into the actual TV to bypass the Linux-based OS/firmware on Samsung’s Smart TVs. But, if a hacker were to pull that off, every piece of data stored on a Smart TV could theoretically be retrieved.

[More from BGR: Has the iPhone peaked? Apple’s iPhone 4S seen outselling iPhone 5]

[More from BGR: Dell confirms it will exit smartphone business, drop Android]

As if the possibility of someone stealing your information and spying on you isn’t scary enough, according to ComputerWorld, “it is also possible to copy the configuration of a TV’s remote control, which would allow a hacker to copy the remote control’s settings, and remotely change the channel.”

ReVuln told The Register it hasn’t informed Samsung of the vulnerability and plans to sell the details of in hopes of “speeding up” development of a fix. A video of the exploit as proof from ReVuln follows below.

This article was originally published by BGR

Get more from BGR.com: Follow us on Twitter, Facebook

Linux/Open Source News Headlines – Yahoo! News

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'Family Guy,' 'American Dad' pulled after rampage

NEW YORK (AP) — Hollywood has responded to the rampage at a Connecticut elementary school by pulling back on its offerings, and one star says the entertainment industry should take some responsibility for such violence.

Fox pulled new episodes of "Family Guy" and "American Dad" that were to air Sunday to avoid potentially sensitive content. The originally scheduled episode of "Family Guy" had Peter telling his own version of the nativity story. The "American Dad" episode told the story of a demon who punished naughty children at Christmas. Both series plan to substitute reruns.

In addition, Fox confirmed that a schedule repeat of "The Cleveland Show" for Sunday was swapped for another rerun of that series out of the same concern, and premieres for Tom Cruise's "Jack Reacher" and the family comedy "Parental Guidance" were postponed after Friday's shooting rampage in Newtown, Conn., that ended with 28 people dead, including 20 children as well as the gunman.

Hollywood should take some responsibility for such violence, Jamie Foxx, one of the industry's biggest stars, said Saturday as he promoted Quentin Tarantino's upcoming, ultra-violent, spaghetti Western-style film about slavery, "Django Unchained."

In an interview, Jamie Foxx said actors cannot "turn their back" on that fact that movie violence can influence people.

The film's press junket was continuing in New York as scheduled. Tarantino said he was tired of defending his films each time the nation is shocked by gun violence, saying "tragedies happen" and blame should fall on those guilty of the crimes.

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Online:

"Django Unchained": http://www.unchainedmovie.com

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Follow Nicole Evatt on Twitter at http://twitter.com/NicoleEvatt

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School Yoga Class Draws Religious Protest From Christians

T. Lynne Pixley for The New York Times

Miriam Ruiz during a yoga class last week at Paul Ecke Central Elementary School in Encinitas, Calif. A few dozen parents are protesting that the program amounts to religious indoctrination. More Photos »

ENCINITAS, Calif. — By 9:30 a.m. at Paul Ecke Central Elementary School, tiny feet were shifting from downward dog pose to chair pose to warrior pose in surprisingly swift, accurate movements. A circle of 6- and 7-year-olds contorted their frames, making monkey noises and repeating confidence-boosting mantras.

Jackie Bergeron’s first-grade yoga class was in full swing.

“Inhale. Exhale. Peekaboo!” Ms. Bergeron said from the front of the class. “Now, warrior pose. I am strong! I am brave!”

Though the yoga class had a notably calming effect on the children, things were far from placid outside the gymnasium.

A small but vocal group of parents, spurred on by the head of a local conservative advocacy group, has likened these 30-minute yoga classes to religious indoctrination. They say the classes — part of a comprehensive program offered to all public school students in this affluent suburb north of San Diego — represent a violation of the First Amendment.

After the classes prompted discussion in local evangelical churches, parents said they were concerned that the exercises might nudge their children closer to ancient Hindu beliefs.

Mary Eady, the parent of a first grader, said the classes were rooted in the deeply religious practice of Ashtanga yoga, in which physical actions are inextricable from the spiritual beliefs underlying them.

“They’re not just teaching physical poses, they’re teaching children how to think and how to make decisions,” Ms. Eady said. “They’re teaching children how to meditate and how to look within for peace and for comfort. They’re using this as a tool for many things beyond just stretching.”

Ms. Eady and a few dozen other parents say a public school system should not be leading students down any particular religious path. Teaching children how to engage in spiritual exercises like meditation familiarizes young minds with certain religious viewpoints and practices, they say, and a public classroom is no place for that.

Underlying the controversy is the source of the program’s financing. The pilot project is supported by the Jois Foundation, a nonprofit organization founded in memory of Krishna Pattabhi Jois, who is considered the father of Ashtanga yoga.

Dean Broyles, the president and chief counsel of the National Center for Law and Policy, a nonprofit law firm that champions religious freedom and traditional marriage, according to its Web site, has dug up quotes from Jois Foundation leaders, who talk about the inseparability of the physical act of yoga from a broader spiritual quest. Mr. Broyles argued that such quotes betrayed the group’s broader evangelistic purpose.

“There is a transparent promotion of Hindu religious beliefs and practices in the public schools through this Ashtanga yoga program,” he said.

“The analog would be if we substituted for this program a charismatic Christian praise and worship physical education program,” he said.

The battle over yoga in schools has been raging for years across the country but has typically focused on charter schools, which receive public financing but set their own curriculums.

The move by the Encinitas Union School District to mandate yoga classes for all students who do not opt out has elevated the discussion. And it has split an already divided community.

The district serves the liberal beach neighborhoods of Encinitas, including Leucadia, where Paul Ecke Central Elementary is, as well as more conservative inland communities. On the coast, bumper stickers reading “Keep Leucadia Funky” are borne proudly. Farther inland, cars are more likely to feature the Christian fish symbol, and large evangelical congregations play an important role in shaping local philosophy.

Opponents of the yoga classes have started an online petition to remove the course from the district’s curriculum. They have shown up at school board meetings to denounce the program, and Mr. Broyles has threatened to sue if the board does not address their concerns.

The district has stood firm. Tim Baird, the schools superintendent, has defended the yoga classes as merely another element of a broader program designed to promote children’s physical and mental well-being. The notion that yoga teachers have designs on converting tender young minds to Hinduism is incorrect, he said.

“That’s why we have an opt-out clause,” Mr. Baird said. “If your faith is such that you believe that simply by doing the gorilla pose, you’re invoking the Hindu gods, then by all means your child can be doing something else.”

Ms. Eady is not convinced.

“Yoga poses are representative of Hindu deities and Hindu stories about the actions and interactions of those deities with humans,” she said. “There’s content even in the movement, just as with baptism there’s content in the movement.”

Russell Case, a representative of the Jois Foundation, said the parents’ fears were misguided.

“They’re concerned that we’re putting our God before their God,” Mr. Case said. “They’re worried about competition. But we’re much closer to them than they think. We’re good Christians that just like to do yoga because it helps us to be better people.”

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United Airlines pilots ratify new labor contract

CHICAGO — After years of divisive negotiations between United Airlines and its pilots, union members on Saturday ratified a new labor agreement, shedding a bankruptcy-era contract for pilots and marking an important step toward fully integrating United and Continental airlines, which officially merged in 2010.

The Air Line Pilots Assn., which over the last couple of years has staged pickets about its lack of a contract and had taken a preliminary strike vote, said 67% of its 10,000 members voted over the last several weeks to ratify the deal, with nearly 98% casting votes. Voting closed Saturday morning.

The four-year contract will go into effect immediately. It provides gains in pay, job protections, retirement and benefits compensation and work rules.

"The era of bankruptcy and concessionary contracts is now over," union leaders said in a statement. "For too long, the pilots of United and Continental have had to shoulder more than their share of the burden as our respective airlines struggled through the difficult economic times of the past decade. We now stand ready to embark on a fresh start for the pilots and the airline."

With help from federal mediators, the two sides agreed in principle to a deal in August, then took until mid-November to work out language for a contract and send the proposal to the union membership for a vote.

"The ratification of this agreement is an important step forward for our pilots and the company," said Fred Abbott, United senior vice president of flight operations, in a statement.

The finished contract is a bit of good news in what has otherwise been a rocky merger for Chicago-based United Continental Holdings.

Most notable to passengers were rampant flight delays and cancellations after a conversion to a combined passenger reservation system in March. Those operational woes were severe over the summer, and customers started to flee to other airlines. But the problems have subsided in recent months, with United hitting its goal of an 80% on-time rate.

United is still in joint negotiations with other major unions, including those for flight attendants, passenger service agents, dispatchers and ramp and fleet workers. Pilot contracts are traditionally done first and tend to be the most contentious.

gkarp@tribune.com

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Aletheia hedge fund manager defrauded investors, SEC says

Federal regulators accused a Santa Monica hedge fund manager of defrauding investors by saddling them with losing securities trades while claiming winners for himself.

The Securities and Exchange Commission alleged that Peter J. Eichler Jr., chief executive of Aletheia Research and Management Inc., made about $2 million by allocating a disproportionately large share of money-making trades to his personal brokerage accounts. He steered another $2 million in improper profits to favored employees and clients, the SEC alleged.

Clients in two Aletheia-run hedge funds, meanwhile, suffered $4.4 million in losses, according to the civil complaint filed Friday.

"Aletheia and Eichler had an obligation to treat all clients with equal fairness, but instead they cherry-picked winners and losers," Michele Wein Layne, director of the SEC's Los Angeles office, said in a statement.

Eichler also failed to warn clients about mounting financial problems at Aletheia until two days before the firm filed for Chapter 11 bankruptcy protection last month, the SEC said.

"Aletheia did not intentionally or otherwise harm any of its investment products or its clients," Eichler, 55, said in a statement.

"Mr. Eichler and Aletheia were both investors in this product," the statement said. "Mr. Eichler made additional personal investments in this fund during the time in question. Aletheia and Mr. Eichler look forward to cooperating with the SEC to resolve any remaining issues."

The allegedly improper trading occurred in options contracts, which give investors the right to buy or sell shares of a stock at a set price. Rather than specifying accounts at the time orders were placed, Eichler often waited more than an hour after making the transactions to designate which account they would go into, the SEC said. By then, the trades already were profitable or not.

In completed trades with a clear profit or loss, 98.3% of the transactions that Eichler assigned to his personal accounts were profitable, yielding a cumulative 19.1% investment return, according to the SEC.

Only 31.7% of trades allocated to the hedge funds turned a profit, resulting in a 1.7% cumulative loss.

The SEC complaint is the latest in a series of woes for the once-successful investment firm.

Aletheia, Eichler and another top executive agreed to pay $400,000 in penalties last year to resolve previous SEC accusations that the firm failed to provide hedge fund investors with quarterly account statements and timely audit reports. The agency also alleged that Aletheia didn't inform potential clients about the results of prior SEC examinations.

Aletheia's co-founder and former chief financial officer, Roger Peikin, sued the company in 2010. He alleges that Eichler wrongfully fired him after Peikin objected to Eichler's management style and handling of the prior SEC inquiry.

Peikin's suit also accuses Eichler of using company assets as "his personal piggy bank" and of paying himself "millions in compensation." Eichler used Aletheia corporate funds for lavish family vacations, including private jet travel and "hotel suites ranging from $10,000 to $18,000 per night," according to the suit.

"Expensive European trips are disguised as business travel when, in fact, the cost of travel far exceeds the revenue by any client Eichler is purporting to visit," Peikin said in the suit.

Eichler has denied those allegations. The lawsuit is pending.

Three investors have filed complaints against Eichler with the Financial Industry Regulatory Authority, an industry oversight organization. The complaints accused Aletheia and Eichler of making "unsuitable" investments and failing to disclose the risks of certain investments, causing cumulative losses exceeding $2.8 million.

Eichler has denied the allegations.

Aletheia filed for bankruptcy Nov. 11, listing liabilities of between $10 million and $50 million.

The assets Aletheia manages have tumbled from a peak of more than $10 billion to perhaps as little as $250 million, according to a recent filing by a trustee in the bankruptcy case.

Also, California revoked Aletheia's corporate status this year because the company owes the state more than $2 million in unpaid taxes.

walter.hamilton@latimes.com

stuart.pfeifer@latimes.com

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Pope needs help sending out blessing in first tweet

VATICAN CITY (Reuters) – After weeks of anticipation bordering on media frenzy, Pope Benedict solemnly put his finger to a computer tablet device on Wednesday and tried to send his first tweet – but something went wrong.

Images on Vatican television appeared to show the first try didn’t work. The pope, who still writes his speeches by hand, seems to have pressed too hard and the tweet was not sent right away. So, he needed a little help from his friends.

Archbishop Claudio Maria Celli of the Vatican‘s communications department showed the pontiff how to do it, but the pope hesitated. Celli touched the screen lightly himself and off went the papal tweet.

“Dear friends, I am pleased to get in touch with you through Twitter. Thank you for your generous response. I bless all of you from my heart,” he said in his introduction to the brave new world of Twitter.

The tweet was sent at the end of weekly general audience in the Vatican before thousands of people.

The pope actually has eight linked Twitter accounts. @Pontifex, the main account, is in English. The other seven have a suffix at the end for the different language versions. For example, the German version is @Pontifex_de, and the Arabic version is @Pontifex_ar.

The tweets will be going out in Spanish, English, Italian, Portuguese, German, Polish, Arabic and French. Other languages will be added in the future.

The pope already had just over a million followers in all of the languages combined minutes before he sent his first tweet and the number was growing.

PAPAL Q AND A

Later on Wednesday after the audience was over and the television cameras turned off, the pontiff answered the first of three questions sent to him at #askpontifex.

The first question answered by the pope was: “How can we celebrate the Year of Faith better in our daily lives?”

His answer: “By speaking with Jesus in prayer, listening to what he tells you in the Gospel and looking for him in those in need.”

The pope, who, as leader of the Roman Catholic Church already has 1.2 billion followers in the standard sense of the word, won’t be following anyone else, the Vatican has said.

After his first splash into the brave new world of Twitter on Wednesday, the contents of future tweets will come primarily from the contents of his weekly general audience, Sunday blessings and homilies on major Church holidays.

They are also expected to include reaction to major world events, such as natural disasters.

The Vatican says papal tweets will be little “pearls of wisdom”, which is understandable since his thoughts will have to be condensed to 140 characters, while papal documents often top 140 pages.

The Vatican said precautions had been taken to make sure the pope’s certified account is not hacked. Only one computer in the Vatican’s secretariat of state will be used for the tweets.

After Wednesday, Benedict won’t be pushing the button on his tweets himself. They will be sent by aides but he will sign off on them.

The pope’s Twitter page is designed in yellow and white – the colors of the Vatican, with a backdrop of the Vatican and his picture. It may change during different liturgical seasons of the year and when the pope is away from the Vatican on trips.

The pope has given a qualified welcome to social media.

In a document issued last year, he said the possibilities of new media and social networks offered “a great opportunity”, but warned of the risks of depersonalization, alienation, self-indulgence, and the dangers of having more virtual friends than real ones.

In 2009, a new Vatican website, www.pope2you.net, went live, offering an application called “The pope meets you on Facebook”, and another allowing the faithful to see the pontiff’s speeches and messages on their iPhones or iPods.

The Vatican famously got egg on its face in 2009 when it was forced to admit that, if it had surfed the web more, it might have known that a traditionalist bishop whose excommunication was lifted had for years been a Holocaust denier.

(Reporting By Philip Pullella, editing by Paul Casciato)

Internet News Headlines – Yahoo! News

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