APNewsBreak: Texas cancer probe draws NCI scrutiny

AUSTIN, Texas (AP) — The National Cancer Institute confirmed Friday that federal officials are taking a closer look at a troubled $3 billion cancer-fighting effort in Texas that is under a criminal investigation over a lucrative taxpayer-funded grant awarded by the state agency.

The Cancer Prevention and Research Institute of Texas has coveted status as an NCI-approved funding entity — an exclusive group headlined by the nation's most prominent cancer organizations. The list is fewer than two dozen and includes the American Cancer Society, Susan G. Komen for the Cure and federal entities like the Center for Disease Control and Prevention.

The designation is a federal seal-of-approval that signals high peer review standards and conflict of interest policies. Yearlong turmoil within the Texas institute, or CPRIT, reached a new peak this week when the agency's beleaguered chief executive asked to resign and prosecutors opened cases following an $11 million grant to a private company that was revealed to have bypassed an independent review.

NCI spokeswoman Aleea Farrakh Khan told The Associated Press that officials are "evaluating recent events" at CPRIT. She said officials have not made decisions or contacted the agency directly.

Members of CPRIT's governing board did not immediately return an email seeking comment.

NCI designation is not required for CPRIT to continue running the nation's second-largest pot of cancer research dollars, Khan said. But jeopardizing that status — and especially losing it — would be a severe blow to CPRIT's reputation, which already has been battered by sweeping resignations, internal accusations of politics trumping science and now a criminal investigation.

A recent internal audit at CPRIT discovered an $11 million funding request from Dallas-based Peloton Therapeutics was approved without the agency ever scrutinizing the proposal's merits. The revelation came only months after two Nobel laureates and other top scientists left the agency in protest over a $20 million grant some accused of being rushed to approval without a proper peer review.

While CPRIT is funded by taxpayers, donors to cancer nonprofits might look to an NCI designation for assurance that their money is in good hands.

"It says, 'If I'm donating money to this agency, if NCI is approving them, that means NCI says it's handling its money well,'" Khan said.

Khan added that CPRIT's inclusion on the list does not mean all of its funding mechanisms are NCI-approved.

An entire page of CPRIT's website is devoted to boasting its NCI designation. The agency says the status is important because it means cancer centers in Texas seeking its own NCI designation — so as to reassure patients or bolster recruitment — can include CPRIT research dollars in their calculations to maintain levels needed to be NCI approved.

"This enhances Texas' ability to leverage additional federal funding for cancer research and raises Texas' profile as a center for cancer research," according to the website.

Executive Director Bill Gimson submitted his resignation letter Tuesday but offered to stay on through January. He has described Peloton's improper funding as an honest mistake and said no one associated with CPRIT stood to personally profit from the company's award.

Prosecutors have not made any specific criminal allegations. Launching separate investigations into CPRIT are the Texas attorney general's office and the Travis County district attorney's public integrity unit, which investigates criminal misconduct within state government.

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Follow Paul J. Weber on Twitter: www.twitter.com/pauljweber

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Wall Street slips with Apple as "cliff" looms

NEW YORK (Reuters) - Stocks fell on Friday, led by losses in the Nasdaq after another drop in shares of Apple, and as the overhang of "fiscal cliff" negotiations kept buyers on the sidelines.

Apple slid 4.2 percent to $507.21 after UBS cut its price target on the stock to $700 from $780. The stock of the most valuable U.S. company has been hit hard in the last three months. On Friday, Apple's stock fell after a tepid reception for the iPhone 5 in China.

The S&P Information Technology Index <.gspt> lost 0.9 percent as Apple fell and Jabil Circuit Inc shed 5 percent to $17.61 after UBS cut its price target.

The possibility of a "fiscal cliff" deal not taking place until early 2013 is rising. The back-and-forth negotiations over the fiscal cliff in Washington have kept markets on hold in what would already be a quiet period for stocks.

"We're faced with uncertainty ... and that's going to continue now into January. It basically puts everybody on hold and (you) just have the markets kind of thrash around," said Larry Peruzzi, senior equity trader at Cabrera Capital Markets Inc in Boston.

President Barack Obama and U.S. House of Representatives Speaker John Boehner held a "frank" meeting on Thursday at the White House to discuss how to avoid the tax hikes and spending cuts set to kick in early in 2013.

The Dow Jones industrial average <.dji> shed 19.68 points, or 0.15 percent, to 13,151/04. The Standard & Poor's 500 Index <.spx> slipped 3.79 points, or 0.27 percent, to 1,415.66. The Nasdaq Composite Index <.ixic> dropped 19.24 points, or 0.64 percent, to 2,972.97.

American Express Co shares fell 1.5 percent to $56.83 and ranked as the heaviest weight on the Dow.

The S&P 500 dropped 0.6 percent on Thursday after six straight positive sessions. Investors are concerned that going over the cliff could tip the economy back into recession. While a deal is expected to ultimately be reached, a drawn-out debate - like the one seen over 2011's debt ceiling - can erode confidence.

Still, expectations of an eventual agreement have helped the S&P 500 bounce back over the last month. On Wednesday, the index hit its highest intraday level since late October. For the year, the S&P has climbed 12.6 percent.

"It's quieter than it has been recently. I think it's the Friday before the holiday week and people are starting to go away, and absent some big news out of Washington, I think things will be quieter," said Jeff Meyerson, head of trading for Sunrise Securities in New York.

Best Buy Co Inc slid 14 percent to $12.13 after the electronics retailer agreed to extend the deadline for the company's founder to make a bid. Shares jumped as much as 19 percent on Thursday after initial reports of a bid this week from founder Richard Schulze.

Consumer prices fell in November for the first time in six months, indicating U.S. inflation pressures were muted. A separate report showed manufacturing grew at its swiftest pace in eight months in December.

Data out of China was encouraging, as Chinese manufacturing grew at its fastest pace in 14 months in December. The news was seen as helping U.S. materials companies, including U.S. Steel , which rose 6 percent to $23.66.

(Reporting by Gabriel Debenedetti; Additional reporting by Caroline Valetkevitch; Editing by Bernadette Baum and Jan Paschal)

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Prosecutor Says Morsi Aides Interfered

Tara Todras-Whitehill for The New York Times

A demonstrator in Cairo on Thursday tried to remove part of a wall near the palace where President Mohamed Morsi resides.

CAIRO — A prosecutor in Cairo is accusing aides to President Mohamed Morsi of applying political pressure to an investigation into the bloody clashes here last week, in order to corroborate Islamists’ claims about a conspiracy against the president involving thugs paid to foment violence.

The complaints by the prosecutor, Mustafa Khater, have raised some of the most serious questions to date about the Morsi government’s commitment to the impartial rule of law, as well as about its ties to the Muslim Brotherhood, the Islamist group whose political arm the president once led.

Since the clashes outside the presidential palace last week, accounts have appeared claiming that Mr. Morsi’s Islamist supporters detained and abused dozens of opponents, whom they accused of being paid to attack them and kept tied up overnight by the gates of the presidential palace. A spokesman for Mr. Morsi said the president was not responsible for those events and had ordered an investigation.

If Mr. Khater’s accusations, detailed in a memorandum to senior judicial authorities that circulated widely on Thursday, are borne out, they would suggest that the president’s chief of staff was directly involved in the captives’ treatment.

The events resonate against the backdrop of the political battle raging over a draft constitution and the referendum on it that is scheduled for Saturday.

Mr. Morsi’s allies argue that the new charter will usher in a government of institutions and laws, but critics say it will provide too little protection for individual freedom. They see ominous hints of authoritarianism in Mr. Morsi’s attempt three weeks ago to claim unchecked powers until the referendum. He said he was putting himself above the law for a short time to keep his political opponents from using the courts to block the referendum.

Mr. Morsi’s first use of those broadened powers was to replace the country’s chief prosecutor, arguing that he had protected corrupt former officials and cronies from the overthrown government of Hosni Mubarak.

The local Cairo prosecutor’s accusations on Thursday suggest that Mr. Morsi merely replaced one politicized national chief prosecutor with another.

A spokesman for Mr. Morsi denied on Thursday that the president had meddled in the investigation of the events outside the palace.

“The presidency does not interfere or comment on the judiciary,” the spokesman, Khaled al-Qazzaz, said in an e-mail.

Defense lawyers confirmed elements of Mr. Khater’s account. During last week’s fighting, thousands of Islamist supporters of the president battled similar numbers of his opponents for hours with thrown rocks and occasional gunshots, and Islamists captured and detained dozens of their opponents. It is unclear how many of the captors belonged to the Muslim Brotherhood or more hard-line groups. But videos, corroborated by the accounts of victims, indicated that the vigilante jailers tried to bully their prisoners into confessing that they were paid to use violence as part of a conspiracy against the president.

Mr. Khater wrote that around dawn the next day, he received a phone call from Mr. Morsi’s newly appointed public prosecutor, Talaat Ibrahim Abdullah, who said that “49 thugs” had been arrested and detained outside a gate to the palace. Mr. Khater said that when he arrived at the scene, the president’s chief of staff, Refaa al-Tahtawi, displayed guns, knives and other implements along with a document stating that the Islamists had confiscated the weapons from the captives.

All 49 captives had been beaten, Mr. Khater wrote, and they said members of the Muslim Brotherhood had tried to coerce them into confessing that they had taken money to commit violence. But prosecutors found no evidence that they had done so.

Even so, Mr. Morsi declared in a televised speech later that night that prosecutors had obtained confessions.

Officials from the chief prosecutor’s office requested a “firm” response in the case, Mr. Khater wrote, and the officials later pressed Mr. Khater to at least order the detention of a group of poor and unemployed prisoners.

When Mr. Khater nonetheless released them all, Mr. Abdullah “reprimanded” him, according to the memorandum, and the following day ordered him transferred to the obscure town of Beni Suef in upper Egypt.

“The transfer was in fact a punishment for a violation that I haven’t committed, and constitutes an explicit threat to the entire team working on the case,” Mr. Khater wrote.

On Thursday, the transfer was canceled and Mr. Khater was restored to his position in Cairo without explanation.

Mr. Khater, Mr. Tahtawi and Mr. Abdullah could not be reached for comment.

Mayy El Sheikh contributed reporting.

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Selling flak jackets in the cyberwars

SAN FRANCISCO (Reuters) – When the Israeli army and Hamas trade virtual blows in cyberspace, or when hacker groups like Anonymous rise from the digital ether, or when WikiLeaks dumps a trove of classified documents, some see a lawless Internet.

But Matthew Prince, chief executive at CloudFlare, a little-known Internet start-up that serves some of the Web’s most controversial characters, sees a business opportunity.

Founded in 2010, CloudFlare markets itself as an Internet intermediary that shields websites from distributed denial-of-service, or DDoS, attacks, the crude but effective weapon that hackers use to bludgeon websites until they go dark. The 40-person company claims to route up to 5 percent of all Internet traffic through its global network.

Prince calls his company the “Switzerland” of cyberspace – assiduously neutral and open to all comers. But just as companies like Twitter, YouTube and Facebook have faced profound questions about the balance between free speech and openness on the Internet and national security and law enforcement concerns, CloudFlare‘s business has posed another thorny question: what kinds of services, if any, should an American company be allowed to offer designated terrorists and cyber criminals?

CloudFlare’s unusual position at the heart of this debate came to the fore last month, when the Israel Defense Forces sought help from CloudFlare after its website was struck by attackers based in Gaza. The IDF was turning to the same company that provides those services to Hamas and the al-Quds Brigades, according to publicly searchable domain information. Both Hamas and al-Quds, the military wing of the Palestinian Islamic Jihad, are designated by the United States as terrorist groups.

Under the USA Patriot Act, U.S. firms are forbidden from providing “material support” to groups deemed foreign terrorist organizations. But what constitutes material support – like many other facets of the law itself – has been subject to intense debate.

CloudFlare’s dealings have attracted heated criticism in the blogosphere from both Israelis and Palestinians, but Prince defended his company as a champion of free speech.

“Both sides have an absolute right to tell their story,” said Prince, a 38-year old former lawyer. “We’re not providing material support for anybody. We’re not sending money, or helping people arm themselves.”

Prince noted that his company only provides defensive capabilities that enable websites to stay online.

“We can’t be sitting in a role where we decide what is good or what is bad based on our own personal biases,” he said. “That’s a huge slippery slope.”

Many U.S. agencies are customers, but so is WikiLeaks, the whistle-blowing organization. CloudFlare has consulted for many Wall Street institutions, yet also protects Anonymous, the “hacktivist” group associated with the Occupy movement.

Prince‘s stance could be tested at a time when some lawmakers in the United States and Europe, armed with evidence that militant groups rely on the Web for critical operations and recruitment purposes, have pressured Internet companies to censor content or cut off customers.

Last month, conservative political lobbies, as well as seven lawmakers led by Ted Poe, a Republican from Texas, urged the FBI to shut down the Hamas Twitter account. The account remains active; Twitter declined to comment.

MATERIAL SUPPORT

Although it has never prosecuted an Internet company under the Patriot Act, the government’s use of the material support argument has steadily risen since 2006. Since September 11, 2001, more than 260 cases have been charged under the provision, according to Fordham Law School’s Terrorism Trends database.

Catherine Lotrionte, the director of Georgetown University’s Institute for Law, Science and Global Security and a former Central Intelligence Agency lawyer, argued that Internet companies should be more closely regulated.

“Material support includes web services,” Lotrionte said. “Denying them services makes it more costly for the terrorists. You’re cornering them.”

But others have warned that an aggressive government approach would have a chilling effect on free speech.

“We’re resurrecting the kind of broad-brush approaches we used in the McCarthy era,” said David Cole, who represented the Humanitarian Law Project, a non-profit organization that was charged by the Justice Department for teaching law to the Kurdistan Workers’ Party, which is designated by the United States as a terrorist group. The group took its case to the Supreme Court but lost in 2010.

The material support law is vague and ill-crafted, to the point where basic telecom providers, for instance, could be found guilty by association if a terrorist logs onto the Web to plot an attack, Cole said.

In that case, he asked, “Do we really think that AT&T or Google should be held accountable?”

CloudFlare said it has not been contacted about its services by the U.S. government. Spokespeople for Hamas and the Palestinian Islamic Jihad, told Reuters they contracted a cyber-security company in Gaza that out-sources work to foreign companies, but declined to comment further. The IDF confirmed it had hired CloudFlare, but declined to discuss “internal security” matters.

CloudFlare offers many of its services for free, but the company says websites seeking advanced protection and features can see their bill rise to more than $ 3,000 a month. Prince declined to discuss the business arrangements with specific customers.

While not yet profitable, CloudFlare has more than doubled its revenue in the past four months, according to Prince, and is picking up 3,000 new customers a month. The company has raked in more than $ 22 million from venture capital firms including New Enterprise Associates, Venrock and Pelion Venture Partners.

Prince, a Midwestern native with mussed brown hair who holds a law degree from the University of Chicago, said he has a track record of working on the right side of the law.

A decade ago, Prince provided free legal aid to Spamhaus, an international group that tracked email spammers and identity thieves. He went on to create Project Honey Pot, an open source spam-tracking endeavor that turned over findings to police.

Prince’s latest company, CloudFlare, has been hailed by groups such as the Committee to Protect Journalists for protecting speech. Another client, the World Economic Forum, named CloudFlare among its 2012 “technology pioneers” for its work. But it also owes its profile to its most controversial customers.

CloudFlare has hosted 4Chan, the online messaging community that spawned Anonymous. LulzSec, the hacker group best known for targeting Sony Corp, is another customer. And since last May, the company has propped up WikiLeaks after a vigilante hacker group crashed the document repository.

Last year, members of the hacker collective UgNazi, whose exploits include pilfering user account information from eBay and crashing the CIA.gov website, broke into Prince’s cell phone and email accounts.

“It was a personal affront,” Prince said. “But we never kicked them off either.”

Prince said CloudFlare would comply with a valid court order to remove a customer, but that the Federal Bureau of Investigation has never requested a takedown. The company has agreed to turn over information to authorities on “exceedingly rare” occasions, he acknowledged, declining to elaborate.

“Any company that doesn’t do that won’t be in business long,” Prince said. But in an email, he added: “We have a deep and abiding respect for our users’ privacy, disclose to our users whenever possible if we are ordered to turn over information and would fight an order that we believed was not proper.”

Juliannne Sohn, an FBI spokeswoman, declined to comment.

Michael Sussmann, a former Justice Department lawyer who prosecuted computer crimes, said U.S. law enforcement agencies may in fact prefer that the Web’s most wanted are parked behind CloudFlare rather than a foreign service over which they have no jurisdiction.

Federal investigators “want to gather information from as many sources as they can, and they’re happy to get it,” Sussmann said.

In an era of rampant cyber warfare, Prince acknowledged he is something of a war profiteer, but with a wrinkle.

“We’re not selling bullets,” he said. “We’re selling flak jackets.”

(Reporting By Gerry Shih in San Francisco and Nidal al-Mughrabi in Gaza; editing by Jonathan Weber and Claudia Parsons)

Internet News Headlines – Yahoo! News

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The X Factor: Who Stole the Show at the Semi-Finals?

TV Watch

The X Factor

By Tim Nudd

12/13/2012 at 03:30 PM EST

Carly Rose Sonenclar, Emblem3, Tate Stevens and Fifth Harmony

Ray Mickshaw/FOX (4)

There may not be a front-runner following Wednesday's semi-finals on The X Factor, but there does seem to be a weakest link.

Most of the judges seemed down on girl group Fifth Harmony, whose rendition of Shontelle's "Impossible" left them wanting more, following a better performance of Ellie Goulding's "Anything Could Happen."

Britney Spears, Demi Lovato and L.A. Reid were all doubtful of Fifth Harmony's chances to be one of the three acts in the finals, with only Simon Cowell defending them, saying, "You've been one of the strongest acts tonight."

Not that the other performers were slouches.

Tate Stevens tackled Craig Morgan's "Bonfire" and Clay Walker's "Fall" with confidence and poise. Carly Rose Sonenclar took some risks with Elton John's "Your Song" and John Lennon's "Imagine" but won mostly praise. And boy band Emblem3 put their own spin on Peter Frampton's "Baby, I Love Your Way" and the Beatles' "Hey Jude," again to mostly positive reactions from the panel.

Thursday's results show will send one act home and three to the finale.

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Study: People worldwide living longer, but sicker

LONDON (AP) — Nearly everywhere around the world, people are living longer and fewer children are dying. But increasingly, people are grappling with the diseases and disabilities of modern life, according to the most expansive global look so far at life expectancy and the biggest health threats.

The last comprehensive study was in 1990 and the top health problem then was the death of children under 5 — more than 10 million each year. Since then, campaigns to vaccinate kids against diseases like polio and measles have reduced the number of children dying to about 7 million.

Malnutrition was once the main health threat for children. Now, everywhere except Africa, they are much more likely to overeat than to starve.

With more children surviving, chronic illnesses and disabilities that strike later in life are taking a bigger toll, the research said. High blood pressure has become the leading health risk worldwide, followed by smoking and alcohol.

"The biggest contributor to the global health burden isn't premature (deaths), but chronic diseases, injuries, mental health conditions and all the bone and joint diseases," said one of the study leaders, Christopher Murray, director of the Institute of Health Metrics and Evaluation at the University of Washington.

In developed countries, such conditions now account for more than half of the health problems, fueled by an aging population. While life expectancy is climbing nearly everywhere, so too are the number of years people will live with things like vision or hearing loss and mental health issues like depression.

The research appears in seven papers published online Thursday by the journal Lancet. More than 480 researchers in 50 countries gathered data up to 2010 from surveys, censuses and past studies. They used statistical modeling to fill in the gaps for countries with little information. The series was mainly paid for by the Bill & Melinda Gates Foundation.

As in 1990, Japan topped the life expectancy list in 2010, with 79 for men and 86 for women. In the U.S. that year, life expectancy for men was 76 and for women, 81.

The research found wide variations in what's killing people around the world. Some of the most striking findings highlighted by the researchers: — Homicide is the No. 3 killer of men in Latin America; it ranks 20th worldwide. In the U.S., it is the 21st cause of death in men, and in Western Europe, 57th.

— While suicide ranks globally as the 21st leading killer, it is as high as the ninth top cause of death in women across Asia's "suicide belt," from India to China. Suicide ranks 14th in North America and 15th in Western Europe.

— In people aged 15-49, diabetes is a bigger killer in Africa than in Western Europe (8.8 deaths versus 1 death per 100,000).

— Central and Southeast Asia have the highest rates of fatal stroke in young adults at about 15 cases per 100,000 deaths. In North America, the rate is about 3 per 100,000.

Globally, heart disease and stroke remain the top killers. Reflecting an older population, lung cancer moved to the 5th cause of death globally, while other cancers including those of the liver, stomach and colon are also in the top 20. AIDS jumped from the 35th cause of death in 1990 to the sixth leading cause two decades later.

While chronic diseases are killing more people nearly everywhere, the overall trend is the opposite in Africa, where illnesses like AIDS, malaria and tuberculosis are still major threats. And experts warn again shifting too much of the focus away from those ailments.

"It's the nature of infectious disease epidemics that if you turn away from them, they will crop right back up," said Jennifer Cohn, a medical coordinator at Doctors Without Borders.

Still, she acknowledged the need to address the surge of other health problems across Africa. Cohn said the agency was considering ways to treat things like heart disease and diabetes. "The way we treat HIV could be a good model for chronic care," she said.

Others said more concrete information is needed before making any big changes to public health policies.

"We have to take this data with some grains of salt," said Sandy Cairncross, an epidemiologist at the London School of Hygiene and Tropical Medicine.

He said the information in some of the Lancet research was too thin and didn't fully consider all the relevant health risk factors.

"We're getting a better picture, but it's still incomplete," he said.

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Online:

www.lancet.com

http://healthmetricsandevaluation.org

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Wall Street falls on cliff woes after six days of S&P gains

NEW YORK (Reuters) - Stocks slid after the S&P's six days of gains on Thursday as uncertainty about Washington's "fiscal cliff" negotiations offset encouraging data on retail sales and jobless claims.

Energy and information technology sectors were the S&P 500's weakest performers, with the S&P energy index <.gspe> down 0.9 percent.

Drawn-out fiscal negotiations between Democrats and Republicans have constrained trading. There is concern that tax hikes and spending cuts, set to begin in 2013 if a deal is not reached in Washington, will hurt growth. The stock market overall, though, has taken it in stride.

Republican House Speaker John Boehner on Thursday accused President Barack Obama of "slow walking" the economy off the fiscal cliff.

"There is no conviction here and Boehner's comments - as harsh as they were - were realistic," said Jason Weisberg, managing director at Seaport Securities Corp., in New York.

"The fiscal cliff is already built in. That being said, people don't like to be told the apocalypse is coming over and over and over again. The real players in this market have already closed their books."

The S&P 500 had ended higher for six straight sessions through Wednesday's close, when it touched its highest level since October 22.

Apple's stock , down 2 percent at $527.69, was among the biggest drags on the Nasdaq in Thursday's session, while International Business Machines , down 0.6 percent at $192.95, was the biggest weight on the Dow.

The Dow Jones industrial average <.dji> slid 92.50 points, or 0.70 percent, to 13,152.95. The Standard & Poor's 500 Index <.spx> dropped 11.09 points, or 0.78 percent, to 1,417.39. The Nasdaq Composite Index <.ixic> fell 25.47 points, or 0.85 percent, to 2,988.34.

The latest data sent some positive signals on the economy, with weekly claims for jobless benefits dropping to nearly the lowest level since February 2008 and retail sales rising in November after an October decline, improving the picture for consumer spending.

A day after the Federal Reserve announced a new round of stimulus for the economy, markets focused on Chairman Ben Bernanke's reiteration that monetary policy would not be sufficient to offset the impact of going over the fiscal cliff.

In the energy sector, shares of Nabors Industries Ltd dropped 4.6 percent to $13.86 after Jefferies cut the drilling company's stock to "underperform" from "hold," and shares of U.S. refining company Phillips 66 lost 2.5 percent to $51.74.

European Union finance ministers reached agreement to make the European Central Bank the bloc's top banking supervisor, which could boost confidence in EU leaders' ability to confront the euro zone's sovereign debt crisis.

Best Buy Co shares shot up 15.3 percent to $14.04 after a report that the company's founder is expected to offer to buy the consumer electronics retailer by the end of the week. The shares hit an intraday high at $14.48 - up 18.8 percent.

CVS Caremark Corp shares gained 2 percent to $48.49 after saying it expects higher earnings in 2013.

(Reporting by Gabriel Debenedetti and Caroline Valetkevitch; Additional reporting by Chuck Mikolajczak; Editing by Kenneth Barry and Jan Paschal)

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Failings Found in Trial of Ukrainian Ex-Premier

MOSCOW — In a report commissioned by the government of Ukraine, a team of American lawyers has concluded that important legal rights of the jailed former prime minister, Yulia V. Tymoshenko, were violated during her trial last year on charges of abusing her official power, and that she was wrongly imprisoned even before her conviction and sentencing.

The lawyers, led by President Obama’s former White House counsel, Gregory B. Craig, concluded that Ms. Tymoshenko was denied legal counsel at “critical stages” of her trial and that at other times her lawyers were wrongly barred from calling relevant witnesses.

Those two findings suggest that she could have some success in a pending appeal before the European Court of Human Rights.

But over all, the lawyers, from the firm of Skadden, Arps, Slate, Meagher & Flom, seemed to side heavily with the government of President Viktor F. Yanukovich, which commissioned their report. They concluded that Ms. Tymoshenko’s conviction was supported by the evidence presented at trial, and they found no evidence in the trial record to support to her main contention: that her prosecution was a politically motivated effort by Mr. Yanukovich, her archrival, to sideline her and cripple Ukraine’s main opposition party.

“The trial court based its finding of Tymoshenko’s guilt on factual determinations that had evidentiary support in the trial record,” the lawyers wrote. “Based on review of the record,” they added, “we do not believe that Tymoshenko has provided specific evidence of political motivation that would be sufficient to overturn her conviction under American standards.”

In an interview on Wednesday, Mr. Craig, one of the most connected lawyers in the Washington establishment, said his team was not able to judge the local politics that brought Ms. Tymoshenko to trial on charges of abusing her authority in agreeing to a natural gas deal with Russia when she was prime minister. He acknowledged that Secretary of State Hillary Rodham Clinton was among many Western leaders who have criticized the prosecution as crass political reprisal.

“We leave to others the question of whether this prosecution was politically motivated,” he said. “Our assignment was to look at the evidence in the record and determine whether the trial was fair.”

The report is dated September 2012, but it was held back by the Ukrainian government. It will be publicly released Thursday.

Once a strong candidate for the European Union, Ukraine has become increasingly isolated under Mr. Yanukovich’s leadership. The trial led to a sharp deterioration in relations between Ukraine and the West, and there were subsequent efforts to prosecute Ms. Tymoshenko on charges of tax evasion and embezzlement.

Ms. Tymoshenko, who has chronic back problems, was sentenced to seven years and is being held in a prison hospital in eastern Ukraine. International monitors sharply criticized parliamentary elections that were held in Ukraine in October, citing the jailing of opposition leaders as a main concern.

The Skadden lawyers sharply criticized the judge’s handling of Ms. Tymoshenko’s trial.

“Tymoshenko’s ability to present a defense in her trial appears to have been compromised to a degree that is troubling under Western standards of due process and the rule of law,” they wrote in describing how defense witnesses were barred.

Still, Ms. Tymoshenko’s supporters rejected the report as biased. Her main defense lawyer, Sergei Vlasenko, who met with the Skadden team, also accused the Yanukovich government of lying about how much it paid for the analysis. (Mr. Craig would not say what his firm was paid.)

“They are not independent lawyers,” Mr. Vlasenko said in a telephone interview from Kiev. “There were clear violations of Ukrainian and international standards.” As for the findings that supported Ms. Tymoshenko’s conviction, he said, “They received the clients’ demand: Please find something good for us.”

David M. Herszenhorn reported from Moscow, and David E. Sanger from Washington.

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Most Googled in 2012: Whitney, PSY, Sandy

LOS ANGELES (AP) — The world’s attention wavered between the tragic and the silly in 2012, and along the way, millions of people searched the Web to find out about a royal princess, the latest iPad, and a record-breaking skydiver.

Whitney Houston was the “top trending” search of the year, according to Google Inc.’s year-end “zeitgeist” report. Google‘s 12th annual roundup is “an in-depth look at the spirit of the times as seen through the billions of searches on Google over the past year,” the company said in a blog post Wednesday.

People around the globe searched en masse for news about Houston‘s accidental drowning in a bathtub just before she was to perform at a pre-Grammy Awards party in February.

Google defines topics as “trending” when they garner a high amount of traffic over a sustained period of time.

Korean rapper PSY’s “Gangnam Style” music video trotted into second spot, a testament to his self-deprecating giddy-up dance move. The video is approaching a billion views on YouTube.

Superstorm Sandy, the damaging storm that knocked out power and flooded parts of the East Coast in the midst of a U.S. presidential campaign, was third.

The next biggest trending searches globally were a pair of threes: the iPad 3 tablet from Apple Inc. and Diablo 3, a popular video game.

Rounding out the Top 10 were Kate Middleton, who made news with scandalous photos and a royal pregnancy; the 2012 Olympics in London; Amanda Todd, a Canadian teen who was found dead of an apparent suicide in October after being bullied online; Michael Clarke Duncan, the “Green Mile” actor who died of a heart attack in September at age 54; and “BBB12,” the 12th edition of “Big Brother Brasil,” a reality show featuring scantily clad men and women living together.

Some trending people, according to Google, were:

— Felix Baumgartner, an Austrian skydiver who became the first to break the sound barrier without a vehicle with a 24-mile plummet from Earth’s stratosphere;

— Jeremy Lin, the undrafted NBA star who exploded off the New York Knicks bench and sparked a wave of “Linsanity”;

— Morgan Freeman, the actor whose untimely death turned out not to be true.

The Internet also continued its rise as a popular tool for spreading addictive ideas and phrases known as “memes.” Remember LOL? If you don’t know what it means by now, someone may “Laugh Out Loud” at you.

This year, Facebook said its top memes included “TBH (To Be Honest),” ”YOLO (You Only Live Once),” ”SMH (Shake My Head).” Thanks to an endlessly fascinating U.S. presidential campaign, “Big Bird” made the list after Republican candidate Mitt Romney said he might consider cutting some funds for public broadcasting.

Yahoo said its own top-searched memes for the year included “Kony 2012,” a reference to the short film and campaign against Ugandan militia leader Joseph Kony; “stingray photobomb” for an unusual vacation snapshot that went viral; and “binders full of women,” another nod to Romney for his awkward description of his search for women cabinet members as Massachusetts’ governor.

And people were happy to pass on popular Twitter posts by retweeting them. According to Twitter, the year’s most popular retweets were President Barack Obama‘s “Four more years,” and Justin Bieber’s farewell to six-year-old fan Avalanna Routh, who died of a rare form of brain cancer: “RIP Avalanna. i love you”.

Gadgets News Headlines – Yahoo! News

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Prince William Attends The Hobbit Premiere Without Kate

By Simon Perry

12/12/2012 at 03:40 PM EST

With wife Kate resting as she copes with her pregnancy illness, Prince William stepped out solo on Wednesday evening for the premiere of The Hobbit in London.

The dashing young royal told guests at the special screening of the tale from Middle Earth that Kate would have "loved" to have attended the event. But the expectant mom has had to cancel a number of appearances while she battles severe morning sickness caused by hyperemesis gravidarum.

Tuxedoed William, 30, was the guest of honor at the royal premiere at the Odeon in London's Leicester Square, where he met filmmakers and some of the movie's stars, including Sir Ian McKellen and Cate Blanchett.

The cinema's general manager Tessa Street met William in the welcome line and asked about Kate. "I passed on my best wishes to Kate and he said, 'She would have loved to have been here if she could,' " Street told reporters.

The evening raised money for the Cinema and Television Benevolent Fund, and one of the fund's trustees Debbie Chalet also met the prince. "I said to William 'Thank you for taking the time to come and be here tonight,' because I'm sure he wants to be at home making sure Kate's okay."

Blanchett, who stars as Galadriel in The Hobbit, braved the chilly temperatures in a backless white Givenchy gown. Asked on the carpet how she was doing, she said, "I'm cold, but very excited."

Inside, just before the movie started, McKellen, who plays Gandalf in the movie, led the audience in sending best wishes to Kate.

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