Gordon Brush plant owner bristles at red tape tying up expansion








Ken Rakusin is frustrated.


You would be too.


Since 2009, the owner of Gordon Brush Manufacturing Co. has been trying to expand his 51,000-square-foot City of Commerce factory by 20,000 square feet. That would mean a larger factory floor, more office space for the engineers who work with customers to design new products, conference rooms, a spacious cafeteria.






It would mean room to expand beyond Rakusin's current workforce of 85. More sales. Higher payroll. More property tax, sales tax, income tax. A $1.5-million investment in construction alone.


Four years on, and he's still trying. "I've almost given up," Rakusin, 61, told me one day recently as we toured the plant. "For the life of me, I can't understand it. If I rented out the building and moved to Nevada, they'd welcome me there with open arms."


The glitch apparently has something to do with a provision of the Los Angeles County building and fire code that would be affronted by Rakusin's construction plan. Before we get to the details, let's recognize that his experience underscores a major flaw in California's business development program, such as it is. Call it the missing middle: No one has the responsibility to mediate among various code and regulatory agencies in cases where it might make sense to work around the rules in a rule book to enable a California manufacturer to remain in place and even expand.


In the case of Gordon Brush, the City of Commerce and the Los Angeles County Economic Development Corp. have each taken a crack at finding a way around the fire code. "I've asked every question possible, and the answers come back every time: 'Nope,'" Rakusin says.


He echoes other small-business owners in observing that California isn't even organized to clue them in on the pro-business programs it does offer. Rakusin recalls that at an industry conference during the depths of the 2008 recession, a brush maker from Missouri told him about that state's innovative "workshare" program, through which the state paid some of the wages of skilled workers to tide companies over the slump and keep layoffs to a minimum.


Rakusin wondered if California had a similar program, only to discover that it did — and had pioneered the concept! "But nobody knew about it here," he says. "How come I had to learn about it from someone from Missouri?" (The California program helped Rakusin keep some workers through the most recent recession that the company could not afford to lose for the long term.)


What's at risk is a distinguished Southern California business with a veteran force of skilled workers earning as much as $20 an hour, plus medical benefits and a 401(k) plan. Gordon Brush was founded in 1951 in Los Angeles and acquired in 1974 by William Loitz, a McDonnell Douglas engineer who had helped put a man on the moon and figured that was capstone enough to anyone's aerospace career, as Rakusin recalls.


By 1989 the business was in trouble. Rakusin was an executive at Xerox in El Segundo looking for a new challenge, but when he first met with Loitz he was doubtful. "I think you'll be able to fix this," Loitz told him. Rakusin thought at first, "I belong at Xerox," then decided he'd be a fool to turn down the gamble of a new career. In a year he had doubled Gordon's profit and by 2010 he had bought out the last of the Loitz family's interest. The company moved to its Commerce location in 1998.


You may think the brush business is simple and low-tech, but that's not true even if all you know about it is paintbrushes. There are cheap paintbrushes and expensive ones, brushes for house painters and portrait artists, all requiring different shapes, sizes and bristles. There are cheap cosmetic brushes made from white goat hair and artist's brushes made from blue squirrel fur, which costs $5,000 a pound.


"We've sent brushes to the moon and Mars," Rakusin told me, describing a contract from the Jet Propulsion Laboratory to equip the Mars and lunar rovers with stainless steel brushes for sweeping clean their collection scoops. "A guy came over from JPL and said, 'We need three — one to go up and two for testing.'" His finished products were nestled like precious jewels or sensitive explosives in a suitcase with foam padding so they wouldn't be jostled on their way to La CaƱada Flintridge.


The factory floor is studded with huge half-million-dollar, computer-driven machines from Germany, Italy and Belgium. But despite what you may have heard, robots aren't perfect. Often there's no substitute for a human eye and hand to put the finishing touches on a product or to fix a flaw.


The bestselling brush Gordon makes is a hand-held, all-purpose one made of wood veneer, which the factory can turn out at the rate of 30,000 a day. It uses robot machines to drill holes in the 8-inch handles and fill them with tufts of wire, watched over by a single operator per shift. ("This is how I compete with China," Rakusin says.)


At the other end of the scale are custom and one-off items that Gordon Brush makes for NASA, for the semiconductor industry, for the Pentagon — you'd be amazed at who needs a brush with a unique design. For example, the Army: As Rakusin tells the story, it was discarding the gun barrels of its Abrams tank after their bores got too encrusted with soot.


"They were throwing them away at $150,000 each, until somebody said, 'Can't we clean them instead?'" The Pentagon had three teams of engineers working with three brush companies to come up with a solution. Gordon won the contract with a bulbous design made of heavy plastic with ranks of short wire bristles — $150 each to save gun barrels worth a thousand times as much.


Rakusin's decision to expand the plant in 2009 came as the economic recovery got underway. His idea was to add a two-story annex on one side of the factory, with room for an expanded employee cafeteria and more office space. That would free up as much as 20,000 square feet for manufacturing. He would also push his loading docks out into his parking lot for an additional 4,500 square feet of warehouse.


In the beginning, things moved fast. The Commerce planning commission gave zoning approval in January 2011, the county fire department asked for some minor changes in February, then electrical approvals followed, as well as assents from Southern California Edison and the railroads whose infrastructure abuts the property.


Then, in May 2011, the county fire marshals objected that the proposed expansion violated fire code provisions governing the size of a building relative to its lot.


And that was that.


"You're dealing with absolutes," says Alex Hamilton, the City of Commerce's top business development official. "It's a building and fire code issue."


He says the project sailed through the city's planning process — "from a zoning perspective it looked fine" — but the fire code was out of the city's jurisdiction. Hamilton says fire officials tried to find a way around the code restrictions but couldn't. "This received attention at the highest levels," he says. (Fire Department officials didn't return my calls.)


The L.A. County Economic Development Corp. ran into the same roadblock, says Barbara Levine, the LAEDC's regional officer for the City of Commerce. Rakusin "was talking to the right people," she says. He just wasn't getting the right answers.


It's conceivable that the fire code provision at issue in Rakusin's expansion has such important safety implications that what it says goes. But it's also possible that the problem is that every agency sees his issue from within its own sandbox, because no one in state or local government is entrusted with the power to bring them together and make a beach.


Rakusin says he receives "one letter a week" from economic development agencies in other states. They don't tell him anything he doesn't already know. He owns a factory in Wisconsin, where the purchase of factory equipment is exempt from sales tax; in Commerce, a $1-million machine will cost him an extra $90,000 in state and local levies.


Throughout his ordeal, Rakusin got the strong impression that things might have gone a little better if he was seriously threatening to leave the state. That's a dangerous impression to give a business owner, especially a manufacturer already sensitive about being ignored.


"Manufacturing gets no attention, but it's the most consistent job creator there is," he says, "and this is already the most expensive place to do it." Are these the businesses California should be taking for granted?


Michael Hiltzik's column appears Sundays and Wednesdays. Reach him at mhiltzik@latimes.com, read past columns at latimes.com/hiltzik, check out facebook.com/hiltzik and follow @latimeshiltzik on Twitter.






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Mahony stripped of public church duties



Cardinal Mahony stripped of public church duties
Los Angeles Archbishop Jose Gomez  on Thursday announced dramatic actions in response to the priest abuse scandal, saying that Cardinal Roger Mahony would no longer perform public duties in the church and that Santa Barbara Bishop Thomas J. Curry has stepped down.


Gomez said in a statement that Mahony -- who led the L.A. archdiocese from 1985 to 2011 -- "will no longer have any administrative or public duties."


Gomez also announced the church has released a trove of confidential church files detailing how the Los Angeles archdiocese dealt with priests accused of molestation.


Gomez wrote in a letter to parishioners that the files would be disturbing to read.


"I find these files to be brutal and painful reading. The behavior described in these files is terribly sad and evil. There is no excuse, no explaining away what happened to these children. The priests involved had the duty to be their spiritual fathers and they failed," he wrote. "We need to acknowledge that terrible failure today."


Gomez's statement came a week after the release of internal Catholic church records. The records showed 15 years before the clergy sex abuse scandal came to light, Mahony and Curry discussed ways to conceal the molestation of children from law enforcement. Those records represent just a fraction of the files the church released Thursday. The Times is now reviewing those files.


DOCUMENT: Los Angeles Archdiocese priest abuse files


The records released last week offer the strongest evidence yet of a concerted effort by officials in the nation's largest Catholic diocese to shield abusers from police. The newly released records, which the archdiocese fought for years to keep secret, reveal in church leaders' own words a desire to keep authorities from discovering that children were being molested.


The records contain memos written in 1986 and 1987 by Mahony and Curry, then the archdiocese's chief advisor on sex abuse cases. In the confidential letters, Curry proposed strategies to prevent police from investigating three priests who had admitted to church officials that they had abused young boys.


Curry suggested to Mahony that they prevent the priests from seeing therapists who might alert authorities and that they give the priests out-of-state assignments to avoid criminal investigators. Mahony, who retired in 2011, has apologized repeatedly for errors in handling abuse allegations.


Gomez's letter detailed changes in the status of Curry and Mahony in the church.


"Effective immediately, I have informed Cardinal Mahony that he will no longer have any administrative or public duties. Auxiliary Bishop Thomas Curry has also publicly apologized for his decisions while serving as Vicar for Clergy. I have accepted his request to be relieved of his responsibility as the Regional Bishop of Santa Barbara,” Gomez wrote in a letter.


[Updated
at 9:44 p.m.:
An archdiocese spokesman, Tod Tamberg, said that beyond cancelling his confirmation schedule, Mahony's day-to-day life as a retired priest would be largely unchanged. He resides at a North Hollywood parish, and Tamberg said he would remain a “priest in good standing” and continue to celebrate Mass there.]


The records were released hours after a judge signed an order requiring the church to do so.


In a written order, Los Angeles County Superior Court Judge Emilie H. Elias gave the church a Feb. 22 deadline to turn over about 30,000 pages of internal memos, psychiatric reports, Vatican correspondence and other documents.


“Let’s just get it done,” Elias said in court Thursday.


Her order brought to a close five and a half years of legal wrangling and delays and set the stage for a raft of new and almost certainly embarrassing revelations about the church’s handling of pedophile priests.


DOCUMENT: Los Angeles Archdiocese priest abuse files


The files Elias ordered released are the final piece of a landmark 2007 settlement between the archdiocese and about 500 people who said clergy abused them. As part of that $660-million settlement, the archdiocese agreed to hand over the personnel files of accused abusers. Victims said the files would provide accountability for church leaders who let pedophiles remain in the ministry; law enforcement officials said the records would be important investigative tools.


But the release was delayed for years by appeals and the painstaking process of reading and redacting 89 files, some hundreds of pages long. A private mediator in 2011 ordered the church to black out the names of victims and archdiocese employees not accused of abuse, saying he wanted to avoid “guilt by association.”


Earlier this month, at the urging of the Los Angeles Times and the Associated Press, Elias ordered the names restored, saying the public had a right to know what Mahony and others in charge did about abuse. The church complained about the cost of restoring the redactions and suggested to the judge earlier this week that generic cover sheets for the files listing top officials and their dates of service should suffice.


After criticism from attorneys for the victims and the media, the church abandoned that plan and its lawyers said in court Thursday “anybody in a supervisory role” would be named in the documents. Elias’ order specified that the names of the archbishop, the vicar who handled clergy abuse, bishops and the heads of Catholic treatment centers for pedophiles be included.


Here is Gomez's full letter:


My brothers and sisters in Christ,


This week we are releasing the files of priests who sexually abused children while they were serving in the Archdiocese of Los Angeles.


These files document abuses that happened decades ago. But that does not make them less serious.



I find these files to be brutal and painful reading. The behavior described in these files is terribly sad and evil. There is no excuse, no explaining away what happened to these children. The priests involved had the duty to be their spiritual fathers and they failed.


We need to acknowledge that terrible failure today. We need to pray for everyone who has ever been hurt by members of the Church. And we need to continue to support the long and painful process of healing their wounds and restoring the trust that was broken.


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


My predecessor, retired Cardinal Roger Mahony, has expressed his sorrow for his failure to fully protect young people entrusted to his care. Effective immediately, I have informed Cardinal Mahony that he will no longer have any administrative or public duties. Auxiliary Bishop Thomas Curry has also publicly apologized for his decisions while serving as Vicar for Clergy. I have accepted his request to be relieved of his responsibility as the Regional Bishop of Santa Barbara.


To every victim of child sexual abuse by a member of our Church: I want to help you in your healing. I am profoundly sorry for these sins against you.


To every Catholic in the Archdiocese of Los Angeles, I want you to know: We will continue, as we have for many years now, to immediately report every credible allegation of abuse to law enforcement authorities and to remove those credibly accused from ministry. We will continue to work, every day, to make sure that our children are safe and loved and cared for in our parishes, schools and in every ministry in the Archdiocese.


In the weeks ahead, I will address all of these matters in greater detail. Today is a time for prayer and reflection and deep compassion for the victims of child sexual abuse.


I entrust all of us and our children and families to the tender care and protection of our Blessed Mother Mary, Our Lady of Guadalupe and Our Lady of the Angels.


Sincerely yours in Christ,



RELATED:


L.A. church molestation records spark call for criminal inquiry


Steve Lopez: It's too late for Cardinal Roger Mahony's apologies


--  Harriet Ryan, Hector Becerra, Ashley Powers and Victoria Kim


Photo: Cardinal Roger Mahony in the entrance processional for the Mass for the Reception of Coadjutor Archbishop of Los Angeles Jose Gomez. Credit: Don Bartletti / Los Angeles Times



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






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


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






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


BlackBerry’s press release follows below.



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


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


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


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


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


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


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


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


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



Gadgets News Headlines – Yahoo! News




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Appeals judges: Anti-paparazzi law appears legal


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


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


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


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


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


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During Trial, New Details Emerge on DuPuy Hip





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




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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


This article has been revised to reflect the following correction:

Correction: February 1, 2013

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



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Hackers target Western news organizations in China









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


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


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





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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


Chinese officials denied they were responsible.


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


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


michael.muskal@latimes.com


jessica.guynn@latimes.com





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Bell city clerk testifies signatures on documents were forged









A key prosecution witness in the Bell corruption case testified Wednesday that signatures on city contracts, minutes for council meetings, agendas and even resolutions were forged.


Bell City Clerk Rebecca Valdez's testimony could bolster the defense's argument that record-keeping in Bell was so sloppy that it would be difficult to prove that six former council members inflated their annual salaries to nearly $100,000 by serving on boards and commissions that met for a few minutes, if ever.


On her third day on the witness stand, Valdez said she noticed the forgeries in 2010 when pulling together records requested by investigators looking into possible wrongdoing. She said she never looked into the forgeries, and didn't make a list of the questionable documents.





Los Angeles County Superior Court Judge Kathleen Kennedy ordered Valdez to look through the paperwork being used as exhibits for the trial.


After thumbing through binders filled with documents from 2005 to 2010, the city clerk said she detected about eight agendas from 2005 to 2006 that had forged signatures.


"It looks like R Valdez, but that's not the way I sign," Valdez said of the name written in cursive. She said the forgery appeared to be the work of her predecessor, Theresa Diaz.


"That appears to be her handwriting?" defense attorney Alex Kessel asked Valdez.


"Yes."


"So from your knowledge of her penmanship you believe she signed your name?"


"Yes."


As the city clerk, Valdez was responsible for keeping accurate records of public meetings but her testimony has revealed that she signed minutes for meetings she didn't attend, sometimes made mistakes in her records and for three years was the clerk in name only, performing almost none of the required duties.


"Forgery is another area that questions the legitimacy and accuracy of the minutes and agenda which is the cornerstone of the district attorney's argument that no work was being done," Kessel told The Times.


The prosecution has used many documents signed by Valdez to illustrate that Luis Artiga, Victor Bello, George Cole, Oscar Hernandez, Teresa Jacobo and George Mirabal did little work when it came to the authorities that beefed up their paychecks.


Among those is the Solid Waste and Recycling Authority, which Deputy Dist. Atty Edward Miller has labeled a "sham."


On Wednesday Miller read the ordinance for that authority, which said it could be created "for the purpose of acquiring, constructing, maintaining or operating an enterprise for the collection, treatment or disposal of waste."


Miller then asked Valdez: "Have you seen an enterprise for the collection, treatment or disposal of waste in the city of Bell?"


"No," she replied.


Defense attorneys have attempted to pin much of the city's alleged corruption on former City Administrator Robert Rizzo. Valdez said Rizzo expected people to do what he said and was a chronic micromanager.


"It was pretty well-known to the employees that important events that happened in your life, like going to school, having a baby or buying a house — he had to be the first one to find out," Valdez said. "If he found out through a second person or third person, the employee would kind of be in the doghouse.


"When I got married," she said, "he was the first one to know before any of my peers knew."


Valdez said Rizzo questioned her about a house she was thinking of buying and urged her to make a 20% down payment. When she told him she didn't have the money, Rizzo offered her a $48,000 loan, she said.


Prosecutors say her loan, along with dozens of others provided to city employees, was given without proper authorization.


Valdez, who was granted immunity for her testimony, said she processed the repayment of such loans. She also prepared salary contracts for the council members, as well as Rizzo. She said she was aware of Rizzo's salary before the news became public.


Valdez testified that during a July 2010 meeting requested by Times reporters, Artiga and Hernandez appeared shocked when they heard that Rizzo was making nearly $800,000.


She also recalled that Hernandez, "said something to the effect of 'To have a good city manager you have to pay him well.' "


corina.knoll@latimes.com


ruben.vives@latimes.com





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Facebook’s mobile ad revenue doubles in fourth quarter






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


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






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


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


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


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


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


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


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


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


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


FUTURE OPPORTUNITIES


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


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


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


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


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


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


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


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


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


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


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


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


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


Tech News Headlines – Yahoo! News





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Patty Andrews of Andrews Sisters rallied troops


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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Well: Waiting for Alzheimer's to Begin

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

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

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

Am I losing track of me?

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

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

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

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

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

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

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

Has my forgetting begun?

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

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

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

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

“Nancy, you must be scared to death.”

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

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

Maybe his approach wasn’t the answer.

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

An unforgettable moment?

I can only hope.



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

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