Kerry Is Hoping to Nudge Egypt Toward Reforms

CAIRO — Secretary of State John Kerry told Egypt’s political and business leaders on Saturday that it was urgent their country institute economic reforms and satisfy the conditions the International Monetary Fund has set for a $4.8 billion loan.

“It is paramount, essential, urgent that the Egyptian economy get stronger, that it gets back on its feet,” Mr. Kerry told a group of Egyptian and American business executives in Cairo. “It’s clear to us that the I.M.F. arrangement needs to be reached, that we need to give the market that confidence.”

Mr. Kerry’s visit — his first trip to an Arab capital as secretary of state — comes at a time of economic peril in Egypt. The country’s economy has teetered near collapse for months, with soaring unemployment, a gaping budget deficit, dwindling hard-currency reserves and steep declines in the currency’s value.

The fund’s loan is critical, economists say, because it would provide a seal of approval that Egypt’s economy is on a path toward self-sufficiency, allowing it to obtain enough other international loans to fill in its deficit. Both the United States and the European Union are prepared to provide substantial additional assistance if Egypt and the I.M.F. can come to terms.

But even as Mr. Kerry stressed the need for prompt economic steps — and the political peace needed to achieve those changes — some opponents of President Mohamed Morsi sought to put the spotlight on the nation’s uneasy political course.

Parliamentary elections are scheduled for April. The major opposition group, the National Salvation Front, has announced that it plans to boycott the vote to protest what it says is a push by Mr. Morsi and his Islamist allies to dominate politics.

The Obama administration has been criticized by some of Mr. Morsi’s rivals as being too supportive of the Egyptian president, as has Mr. Kerry, who was the first American senator to meet Mr. Morsi.

The delicacy of the issue was apparent when members of the political opposition were invited to a Saturday session with Mr. Kerry. Some members, including Hamdeen Sabahi, who came in third in the presidential election last year, decided not to attend. Mohamed ElBaradei, one of the leaders of the National Salvation Front, chose not to go, but to speak by phone with Mr. Kerry instead.

Those that attended, Mr. Kerry later said, engaged in a “very, very spirited” discussion.

 Mohamed El Orabi, a former foreign minister and a leading member of the National Congress Party who went to the meeting, said that Mr. Kerry had talked about the importance of democracy while driving home his message on the economy.

Mr. Kerry also met separately with Amr Moussa, a former secretary general of the Arab League and the head of the National Congress Party.

The two years of tumult that began with the ouster of former President Hosni Mubarak has sharply slowed foreign investment and tourism, and economists say the Egyptian government urgently needs a cash infusion of several billion dollars to fend off the risk of an economic calamity that could lead to more unrest and instability.

In September, the United States brought more than 100 business executives to Cairo to encourage trade and economic development. But continuing political protests, including when demonstrators scaled the walls of the American Embassy here on the anniversary of the 9/11 terrorist attacks, discouraged many businessmen from following up, Mr. Kerry noted. (The protesters that day were angry over an amateurish American-made video denouncing Islam.)

The International Monetary Fund has held on-again, off-again negotiations with Egypt for more than a year about providing the $4.8 billion.

The fund has imposed two difficult conditions. It has required the Egyptian government to commit itself to undertaking painful reforms like raising taxes and reducing energy subsidies.

It has also required a demonstration of political support for the reforms and the loan, to ensure that the government will honor its commitments in the future. That requires a dependable political process, as well as a degree of consensus that Egypt’s political factions have been unable to sustain.

On Sunday, Mr. Kerry is scheduled to meet with Mr. Morsi. The secretary of state said he would discuss specific steps the United States could take to boost the Egyptian economy if Egypt worked out a loan package with the I.M.F. That will be Mr. Kerry’s final meeting in Egypt before departing for Saudi Arabia, the seventh stop on his nine-nation tour.

The protests and street violence that have destabilized Egypt’s transition continued Saturday. The Egyptian state media reported that a demonstrator in the Nile Delta city of Mansoura was killed when he was run over by an armored police vehicle.

Violence also flared again in the Suez Canal city of Port Said, where the state media reported that protesters had burned down a police station. The Port Said protests began Jan. 26 after 21 local soccer fans were sentenced to death for their role in a deadly riot at a match last year.

But over the past month, the demonstrations in Port Said have blurred together with sometimes-violent protests in several other cities along the Suez Canal or in the Nile Delta. Some protesters are angry at Mr. Morsi and the Muslim Brotherhood, accusing them of failing to deliver fast enough on the anticipated rewards of the revolution, including economic benefits.

Michael R. Gordon reported from Cairo, and David D. Kirkpatrick from Istanbul.

Read More..

Kelly lifts No. 3 Duke past No. 5 Miami 79-76

DURHAM, N.C. (AP) — Duke's Ryan Kelly sure didn't look like a guy who hadn't played in two months.

The senior scored a career-high 36 points in his return from a foot injury that had sidelined him since January, helping third-ranked Duke beat fifth-ranked Miami 79-76 on Saturday night.

Kelly knocked down 10 of 14 shots — including 7 of 9 3-pointers— for the Blue Devils (25-4, 12-4 Atlantic Coast Conference), who avenged a blowout road loss in January by grinding out a tough win in Cameron Indoor Stadium. Quinn Cook added 15 points as Duke built a 10-point lead with about 2 minutes left then held off a frantic rally by Miami.

Shane Larkin scored 25 points to lead the Hurricanes (23-5, 14-2), who missed two 3s in the final seconds to tie it. Larkin came up short on the first over Kelly. Durand Scott ran down the rebound and fired a pass to the left corner to Rion Brown, whose final 3 clanged off the rim as the horn sounded.

Kelly immediately turned toward the Duke bench and extended both arms in the air, while Hall of Fame coach Mike Krzyzewski stopped on his way off the court to applaud and cheer toward the celebrating Cameron Crazies.

The game certainly lived up to the teams' top-five rankings and their status as the ACC's best. Miami led by seven in the first half and by two at the break, while Duke never led by more than five until finally building a cushion in the final 3 minutes.

Duke led 75-65 on Cook's 3-pointer around the 2-minute mark, but the Hurricanes clawed their way back before getting the final two shots to tie. But Larkin also had a costly turnover when he threw away a sideline pass to Brown with Miami trailing by just two with about 30 seconds left.

Miami had beaten Duke 90-63 in January and had already clinched at least a share of the ACC regular-season title with the Blue Devils' loss at Virginia on Thursday night.

But Saturday's game was about more than just the league standings or the chance to avenge that blowout loss for the Blue Devils. Rather, this was the their chance to reclaim some swagger and momentum for March with the return of a player who had helped them to a No. 1 ranking before going out with an injury.

Read More..

England Develops a Voracious Appetite for a New Diet

LONDON — Visitors to England right now, be warned. The big topic on people’s minds — from cabdrivers to corporate executives — is not Kate Middleton’s increasingly visible baby bump (though the craze does involve the size of one’s waistline), but rather a best-selling diet book that has sent the British into a fasting frenzy.

“The Fast Diet,” published in mid-January in Britain, could do the same in the United States if Americans eat it up. The United States edition arrived last week.

The book has held the No. 1 slot on Amazon’s British site nearly every day since its publication in January, according to Rebecca Nicolson, a founder of Short Books, the independent publishing company behind the sensation. “It is selling,” she said, “like hot cakes,” which coincidentally are something one can actually eat on this revolutionary diet.

With an alluring cover line that reads, “Lose Weight, Stay Healthy, Live Longer,” the premise of this latest weight-loss regimen — or “slimming” as the British call “dieting” — is intermittent fasting, or what has become known here as the 5:2 diet: five days of eating and drinking whatever you want, dispersed with two days of fasting.

A typical fasting day consists of two meals of roughly 250 to 300 calories each, depending on the person’s sex (500 calories for women, 600 for men). Think two eggs and a slice of ham for breakfast, and a plate of steamed fish and vegetables for dinner.

It is not much sustenance, but the secret to weight loss, according to the book, is that even after just a few hours of fasting, the body begins to turn off the fat-storing mechanisms and turn on the fat-burning systems.

“I’ve always been into self-experimentation,” said Dr. Michael Mosley, one of the book’s two authors and a well-known medical journalist on the BBC who is often called the Sanjay Gupta of Britain.

He researched the science of the diet and its health benefits by putting himself through intermittent fasting and filming it for a BBC documentary last August called “Eat, Fast and Live Longer.” (The broadcast gained high ratings, three million viewers, despite running during the London Olympics. PBS plans to air it in April.)

“This started because I was not feeling well last year,” Dr. Mosley said recently over a cup of tea and half a cookie (it was not one of his fasting days). “It turns out I was suffering from high blood sugar, high cholesterol and had a kind of visceral fat inside my gut.”

Though hardly obese at the time, at 5 feet 11 inches and 187 pounds, Dr. Mosley, 55, had a body mass index and body fat percentage that were a few points higher than the recommended amount for men. “Given that my father had died at age 73 of complications from diabetes, and I was now looking prediabetic, I knew something had to change,” he added.

The result was a documentary, almost the opposite of “Super Size Me,” in which Dr. Mosley not only fasted, but also interviewed scientific researchers, mostly in the United States, about the positive results of various forms of intermittent fasting, tested primarily on rats but in some cases human volunteers. The prominent benefits, he discovered, were weight loss, a lower risk of cancer and heart disease, and increased energy.

“The body goes into a repair-and-recover mode when it no longer has the work of storing the food being consumed,” he said.

Though Dr. Mosley quickly gave up on the most extreme forms of fasting (he ate little more than one cup of low-calorie soup every 24 hours for four consecutive days in his first trial), he finally settled on the 5:2 ratio as a more sustainable, less painful option that could realistically be followed without annihilating his social life or work.

“Our earliest antecedents,” Dr. Mosley argued, “lived a feast-or-famine existence, gorging themselves after a big hunt and then not eating until they scored the next one.” Similarly, he explained, temporary fasting is a ritual of religions like Islam and Judaism — as demonstrated by Ramadan and Yom Kippur. “We shouldn’t have a fear of hunger if it is just temporary,” he said.

What Dr. Mosley found most astounding, however, were his personal results. Not only did he lose 20 pounds (he currently weighs 168 pounds) in nine weeks, but his glucose and cholesterol levels went down, as did his body fat. “What’s more, I have a whole new level of energy,” he said.

The documentary became an instant hit, which in turn led Mimi Spencer, a food and fashion writer, to propose that they collaborate on a book. “I could see this was not a faddish diet but one that was sustainable with long-term health results, beyond the obvious weight-loss benefit,” said Ms. Spencer, 45, who has lost 20 pounds on the diet within four months and lowered her B.M.I. by 2 points.

The result is a 200-page paperback: the first half written by Dr. Mosley outlining the scientific findings of intermittent fasting; the second by Ms. Spencer, with encouraging text on how to get through the first days of fasting, from keeping busy so you don’t hear your rumbling belly, to waiting 15 minutes for your meal or snack.

She also provides fasting recipes with tantalizing photos like feta niçoise salad and Mexican pizza, and a calorie counter at the back. (Who knew a quarter of a cup of balsamic vinegar dressing added up to a whopping 209 calories?)

In London, the diet has taken off with the help of well-known British celebrity chefs and food writers like Hugh Fearnley-Whittingstall, who raved about it in The Guardian after his sixth day of fasting, having already lost eight pounds. (“I feel lean and sharper,” he wrote, “and find the whole thing rather exhilarating.”)

The diet is also particularly popular among men, according to Dr. Mosley, who has heard from many of his converts via e-mail and Twitter, where he has around 24,000 followers. “They find it easy to work into their schedules because dieting for a day here and there doesn’t feel torturous,” he said, adding that couples also particularly like doing it together.

But not everyone is singing the diet’s praises. The National Health System, Britain’s publicly funded medical establishment, put out a statement on its Web site shortly after the book came out: “Despite its increasing popularity, there is a great deal of uncertainty about I.F. (intermittent fasting) with significant gaps in the evidence.”

The health agency also listed some side effects, including bad breath, anxiety, dehydration and irritability. Yet people in London do not seem too concerned. A slew of fasting diet books have come out in recent weeks, notably the “The 5:2 Diet Book” and “The Feast and Fast Diet.”

There is also a crop of new cookbooks featuring fasting-friendly recipes. Let’s just say, the British are hungry for them.

This article has been revised to reflect the following correction:

Correction: March 2, 2013

An earlier version of this article misstated part of the name of the national healthcare organization in Britain. It is the National Health Service, not the National Health System. The article also misidentified the Balsamic product that has 209 calories per cup. It is Balsamic vinegar dressing, not Balsamic vinegar.

Read More..

Sequestration Takes Effect, but Impact Is Not Immediate

WASHINGTON — University officials, city managers, day care providers and others spent Saturday assessing how they would absorb their part of the across-the-board cuts in federal spending that began taking effect over the weekend.

But even as the institutions that depend on federal money nervously took stock, most Americans were largely unaffected by the cuts, at least for now. At Los Angeles International Airport, John Konopka, 45, suffered no delays as he arrived from Atlanta.

“This is just another travel day,” Mr. Konopka said. “I think all of it’s been talked up a bit, way too politically, to make it seem a lot worse than it is. I don’t think it’s going to be the gloom and doom that some people are saying it would be.”

Others were less sanguine. Joel Silver, 63, a retiree from the Bronx, said he feared the cuts would affect the most vulnerable. He said he was angry that President Obama and lawmakers had not prevented what he called “an invented crisis.”

“What’s the point of a Congress?” he asked. “Aren’t they supposed to sit down and talk about things and figure them out? The economy was just recovering and now it’s going to slide back.”

Across the country, the impact of sequestration, as the cuts are known, appeared to be as varied as the thousands of federal programs, big and small, that now have shrunken pots of money from which to draw.

In Baltimore, the mayor called for an emergency cabinet meeting to discuss the reductions in federal money and their impact on a city that already has a projected deficit of $750 million over the next decade.

At research universities, administrators sent e-mails to faculty members and students warning that changes were coming. Samuel L. Stanley Jr., the president of Stony Brook University, said the institution would lose $7.6 million in “vital federal funding” for research grants and other programs. The University of California, Berkeley, warned that “as sequestration translates into fewer federal grants, the campus will be forced to hire fewer researchers.”

The Air Force Thunderbirds, the elite team of F-16 pilots who perform flight maneuvers at air shows around the country, announced on their Web site that all of their shows had been canceled starting April 1.

Federal officials began sending letters to governors, informing them of smaller grants. Shaun Donovan, the secretary of housing and urban development, wrote to Gov. John R. Kasich of Ohio, “You can expect reductions totaling approximately $35 million.”

In a 70-page report to Congress accompanying the sequestration order and detailing the reductions — agency by agency and program by program — Jeffrey D. Zients, Mr. Obama’s budget director, called them “deeply destructive to national security, domestic investments and core government functions.”

Among the $85 billion in cuts for the fiscal year ending Sept. 30: $3 million less for Pacific coastal salmon recovery; $148 million less for the patent office; a $1 million cut in support by the Defense Department for international sporting competitions; $289 million less for the Centers for Disease Control and Prevention; a $1 million cut in the Interior Department’s helium fund; and $16 million less for the Sept. 11 victim compensation fund.

But even as the reductions became official, the result of a stalemate between Mr. Obama and Congressional Republicans over increasing taxes, some of the immediate impact was difficult to see.

The process of trimming government budgets is slow and cumbersome, involving notifications to unions about temporary furloughs, reductions in overtime pay and cuts in grant financing to state and local programs. Less federal money will, over time, mean fewer government contracts with private companies. Reduced overtime pay for airport security checkpoint officers will make lines longer, eventually.

And so as the first weekend began for the new, slimmer government, little of that was evident yet.

At Kennedy International Airport in New York, travelers who arrived extra early were greeted by short lines, not the drastic delays that federal transportation officials have said could emerge as security officers are furloughed to save money.

“The check-in was fine, at least for now. I’m surprised,” said Chris Achilefu, 45, who arrived at the airport four hours before his flight to Lagos, Nigeria. Normally Mr. Achilefu, an automotive exporter who lives in Upper Darby, Pa., would arrive two hours early, but he said he was concerned about lines.

“I was listening to what the president said yesterday, that it won’t kick in right away,” he said. “Hopefully the two parties will come together, hopefully they will resolve it before another month.”

At the main San Ysidro port of entry between Mexico and San Diego, traffic moved smoothly late Friday night, just hours after the sequestration began, and border lines had only a few dozen vehicles in each lane.

Vendors who line the street where cars sometimes idle for hours waiting to enter the United States perked up when they heard about the cuts.

“That’s good for business,” said Emilio Gomez, an employee at a stand selling rugs, china figurines and soda. “When people are waiting, they get bored and they buy more stuff.”

In his weekly address on Saturday, Mr. Obama acknowledged that not everyone would be affected equally. “While not everyone will feel the pain of these cuts right away, the pain will be real,” he said. “Many middle-class families will have their lives disrupted in a significant way.”

In the Republican response to Mr. Obama’s address, Representative Cathy McMorris Rodgers of Washington also called the cuts “devastating,” but said that Republicans in the House would not yield on taxes. “Spending is the problem, which means cutting spending is the solution,” she said. “It’s that simple.”

Reporting was contributed by Robbie Brown from Atlanta; Will Carless from San Ysidro, Calif.; Ian Lovett from Los Angeles; and Marc Santora and Ravi Somaiya from New York.

Read More..

Kerry Criticizes Turkish Prime Minister Over Zionism Remark

ANKARA, Turkey — Secretary of State John Kerry chastised Turkey’s prime minister on Friday for recently calling Zionism a “crime against humanity,” a comment that could frustrate Mr. Kerry’s desire to see an improvement in estranged Turkish-Israeli relations.

When Mr. Kerry set off on Sunday on a nine-nation trip, his plan was to use his visit in Turkey to consult on trade, the crisis in Syria and other Middle East issues.

But on Wednesday, Prime Minister Recep Tayyip Erdogan told a United Nations forum in Vienna that the international community should consider Islamophobia a crime against humanity “like Zionism or anti-Semitism or fascism.”

The next day, Prime Minister Benjamin Netanyahu of Israel described Mr. Erdogan’s remarks as a “dark and false statement.”

By Friday Mr. Kerry was faced with the task of trying to discourage another outburst from the Turks and salvaging some chance of an improvement in ties between Turkey and Israel — the first a moderate Muslim-majority nation and important NATO ally, and the other the principal United States ally in the Middle East.

The Americans’ sternest message to the Turks was conveyed before Mr. Kerry’s plane even landed by a senior State Department official who spoke under ground rules that he not be identified by name.“This was particularly offensive,” the official said, referring to Mr. Erdogan’s comments. “It complicates our ability to do all of the things that we want to do together.”

Once in Ankara, Mr. Kerry initially approached the issue somewhat indirectly. Noting that he had attended a memorial event earlier in the day for a Turkish security guard who had been killed trying to stop suicide bomber at the American Embassy, Mr. Kerry said that this selflessness should inspire a “spirit of tolerance.”

“And that,” Mr. Kerry added, “includes all of the public statements made by all leaders.”

But in response to a question at a news conference with Foreign Minister Ahmet Davutoglu, Mr. Kerry was more direct.

“Obviously, we not only disagree with it. We found it objectionable,” Mr. Kerry said of Mr. Erdogan’s statement, noting that he planned to raise the matter Friday evening with the prime minister. The comments by Mr. Davutoglu suggested that it might not be an easy discussion.

The foreign minister insisted Turkey was not hostile to Israel and that the downturn in relations was Israel’s fault, referring to a 2010 episode in which eight Turks and an American of Turkish descent were killed when Israeli commandos boarded the lead ship of a pro-Palestinian activist flotilla that was trying to break Israel’s blockade of Gaza.

“If Israel is expected to hear positive comments from Turkey, I believe they need to revise their attitudes not only toward us but also toward the settlements in West Bank and the people of the region,” he added.

During the 1990s, Turkey and Israel enjoyed close cooperation in ties that were nurtured by the secular Turkish military and the Israeli national security establishment, Dan Arbell, a guest scholar at the Brookings Institution’s Saban Center for Middle East Policy, wrote last year.

Relations began to deteriorate after Mr. Erdogan became prime minister in 2003 and Turkey adopted a more assertive regional posture, which often involved sharp criticism of Israel’s policies. Ties between the countries reached a low point with the deadly Gaza flotilla confrontation.

American officials said they would like to find some way to foster an improvement in Turkish-Israeli relations, which the official on Mr. Kerry’s plane described as “frozen.”

“We want to see a normalization, not just for the sake of the two countries but for the sake of the region and, frankly, for the symbolism,” the official said. “Not that long ago you had these two countries demonstrating that a majority Muslim country could have very positive and strong relations with the Jewish state.”

On Friday night, Mr. Kerry dined at Mr. Erdogan’s residence. The session began inauspiciously when Mr. Kerry apologized for being a little late because of his lengthy discussions with Mr. Davutoglu.

Mr. Erdogan, who seemed irritated, said that Mr. Kerry and Mr. Davutoglu “must have spoken about everything, so there is nothing left for us to talk about.”

“There’s a lot to talk about,” Mr. Kerry said. “We actually didn’t talk about everything.”

According to a State Department official, the Turkish prime minister and Mr. Kerry discussed the gamut of Middle East issues, including the recent meeting in Rome on the Syria conflict, the situation in Iraq, Iran and the prospects for reviving the peace process between Israel and the Palestinians.

American officials did not provide details on the exchange regarding Mr. Erdogan’s Zionism comments or whether the Turkish prime minister believed they had in any way been excessive.

The two men, the State Department official said, had a “frank discussion of the prime minister’s speech in Vienna and how to move forward.”

Read More..

AP sources: Flacco agrees to Ravens deal

Joe Flacco is staying in Baltimore.

The Super Bowl MVP quarterback agreed Friday to a new contact with the Ravens, two people with knowledge of the deal told The Associated Press.

Terms were not immediately available, but Flacco was expected to get a long-term contract close to the $20 million average salary Drew Brees earns with New Orleans.

The people spoke on condition of anonymity because the agreement has not officially been announced.

Fox Sports first reported the new deal.

Flacco played out his rookie contract last season for $6.76 million and led Baltimore to the NFL championship.

The 28-year-old Flacco is the only quarterback to win a postseason game in each of his first five pro seasons. He had a spectacular playoffs and Super Bowl this year, throwing for 11 touchdowns with no interceptions.

He also holds the record for playoff road wins with six.

Before the Super Bowl, Ravens owner Steve Bisciotti expressed confidence that Flacco would be the Ravens' quarterback of the future.

"We've never lost a great, great franchise player from the beginning," Bisciotti said. "I'm just very comfortable that it will get done."

On Friday, it did.

Flacco was a first-round draft pick in 2008 out of Delaware and one of the most consistent postseason winners in NFL history.

Flacco said after the Super Bowl victory over San Francisco that he expected to be back in Baltimore. He made sure of that Friday, coincidentally hours after the franchise tag figures for 2013 became known.

Had Flacco been franchised, he would have earned at least $14.896 million this season.

Read More..

Well: A Rainbow of Root Vegetables

This week’s Recipes for Health is as much a treat for the eyes as the palate. Colorful root vegetables from bright orange carrots and red scallions to purple and yellow potatoes and pale green leeks will add color and flavor to your table.

Since root vegetables and tubers keep well and can be cooked up into something delicious even after they have begun to go limp in the refrigerator, this week’s Recipes for Health should be useful. Root vegetables, tubers (potatoes and sweet potatoes, which are called yams by most vendors – I mean the ones with dark orange flesh), winter squash and cabbages are the only local vegetables available during the winter months in colder regions, so these recipes will be timely for many readers.

Roasting is a good place to begin with most root vegetables. They sweeten as they caramelize in a hot oven. I roasted baby carrots and thick red scallions (they may have been baby onions; I didn’t get the information from the farmer, I just bought them because they were lush and pretty) together and seasoned them with fresh thyme leaves, then sprinkled them with chopped toasted hazelnuts. I also roasted a medley of potatoes, including sweet potatoes, after tossing them with olive oil and sage, and got a wonderful range of colors, textures and tastes ranging from sweet to savory.

Sweet winter vegetables also pair well with spicy seasonings. I like to combine sweet potatoes and chipotle peppers, and this time in a hearty lentil stew that we enjoyed all week.

Here are five colorful and delicious dishes made with root vegetables.

Spicy Lentil and Sweet Potato Stew With Chipotles: The combination of sweet potatoes and spicy chipotles with savory lentils is a winner.

---

Roasted Carrots and Scallions With Thyme and Hazelnuts: Toasted hazelnuts add a crunchy texture and nutty finish to this dish.

---

Carrot Wraps: A vegetarian sandwich that satisfies like a full meal.

---

Rainbow Potato Roast: A multicolored mix that can be vegan, or not.

---

Leek Quiche: A lighter version of a Flemish classic.

---

Read More..

Bits Blog: Judge Slashes Jury Award in Apple-Samsung Case

8:45 p.m. | Updated

A federal judge on Friday weakened the blow from Apple’s legal victory in a patent case against Samsung, lopping more than 40 percent off the damages a jury awarded Apple last year.

The ruling did not shift the case — one of the most closely watched in the high-tech industry — in Samsung’s favor. While Apple has lost other skirmishes against Samsung in courts around the world, the jury award in this case has been the biggest victory for either side so far.

Even at a reduced level, these would be among the highest damages in a patent dispute.

The judge ordered a new trial to recalculate a portion of those damages, leaving open the possibility that some of them could be restored.

She also indicated that Apple was entitled to additional damages for sales of Samsung products that have occurred since the jury’s decision last summer, which could further swell the amount Apple is owed by Samsung.

Tech companies around the world are waging legal battles over patents as they compete for supremacy in the lucrative smartphone market. Apple and Samsung are the most prominent combatants in that war; the two companies divide most of the profits in the surging mobile phone market.

Samsung has soared to the No. 1 spot in the smartphone business in recent years, but Apple says that it is, in part, because the company has swiped many of Apple’s ideas.

In her review of the jury’s decisions, which originally awarded Apple more than $1 billion for patent violations by Samsung in its mobile products, Judge Lucy H. Koh of the United States District Court in San Jose, Calif., knocked those damages down by $450 million, to $599 million. The new trial will determine how much of the $450 million, if any, should be restored.

“It will be years before the parties exhaust all of their litigation avenues and options,” said Alan M. Fisch, an intellectual property lawyer with Fisch Hoffman Sigler in Washington, who is not involved in the case. “Still, some form of patent cross-license between the two would not be an unsurprising final result.”

None of Judge Koh’s opinion changed the jury’s finding that Samsung violated a series of Apple patents in its smartphone and tablet products. But the judge took issue with how the jury calculated the damages Apple was entitled to from the Samsung devices named in the case, more than two dozen of them in all.

In her 27-page opinion, Judge Koh said that the jury failed to follow her instructions in calculating damages for a certain class of patents, known as utility patents.

She also decided in Samsung’s favor in a dispute between the two parties over when Apple notified Samsung that it was infringing Apple’s intellectual property. Evidence of such notice dates are important because they help determine how hefty the damages are in a court case, once the party being notified is found guilty of infringement.

Judge Koh chided Apple for using an expert in the case who used an “aggressive notice date” — meaning, an early one — to calculate damages.

“The need for a new trial could have been avoided had Apple chosen a more circumspect strategy or provided more evidence to allow the jury or the court to determine the appropriate award for a shorter notice period,” she said in her ruling.

Steve Dowling, a spokesman for Apple, declined to comment.

In a statement, Adam Yates, a Samsung spokesman, said that the company was pleased with the judge’s decision and that it intended to seek further review of the remaining award.

Apple and Samsung, meanwhile, continue to fight ferociously in the smartphone market, where Samsung has steadily worked its way to the No. 1 position over the last few years. In the fourth quarter, Samsung accounted for 29 percent of global smartphone shipments, while Apple accounted for 21.8 percent, according to IDC.

Mark A. Lemley, a professor at Stanford Law School, called the judge’s decision “an extremely careful and thorough opinion on a very difficult and interrelated set of issues.”

Mr. Lemley predicted that Samsung would eventually win some reduction in the original $1 billion award, but “almost certainly” less than the $450 million that Judge Koh reduced it by on Friday.

“We’ll need a new trial to figure that out,” said Mr. Lemley, who has done legal work in the past for Google, maker of the Android operating system involved in the Samsung case and others. “Judge Koh has encouraged both sides to appeal first. That may clarify some questions, but it is unlikely to prevent a new trial, just delay it some.”

Read More..

U.S. Aid to Syria Shows Obama’s Cautious Approach to Crisis

ROME — The food rations and medical supplies that Secretary of State John Kerry said Thursday would be provided to the Free Syrian Army mark the first time that the United States has publicly committed itself to sending nonlethal aid to the armed factions that are battling President Bashar al-Assad.

But the nature of the assistance also illustrates the Obama administration’s caution about getting involved in the Syrian crisis.

At each stop of his first foreign trip as secretary of state, Mr. Kerry has emphasized that one of his principal goals was to change Mr. Assad’s calculations about his ability to remain in power.

Mr. Assad is “out of time and must be out of power,” Mr. Kerry asserted after meeting here with Moaz al-Khatib, the leader of the Syrian opposition coalition.

The announcement of the supplies fell well short of the weapons and equipment Syrian rebels have requested and left unclear why Mr. Assad, who has fired Scud missiles at the city of Aleppo, would now conclude that he could no longer stand up to his opponents.

The nonlethal aid was just one element of the American program of assistance that Mr. Kerry unveiled on Thursday.

The United States is also providing $60 million to help the political wing of the Syrian anti-Assad coalition improve the delivery of basic services like sanitation and education in areas it has already wrested from the government’s control.

A covert effort to program to train rebel fighters, which State Department officials here were not prepared to discuss, has also been under way. According to an official in Washington, who asked not to be identified, the Central Intelligence Agency since last year has been training groups of Syrian rebels in Jordan.

The official did not provide details about the training or what difference it may have made on the battlefield, but said that the C.I.A. had not given weapons or ammunition to the rebels. An agency spokesman declined to comment.

Defending the limited program to provide medical supplies and military rations known as Meals Ready to Eat, or M.R.E.’s, to the military wing of the Syrian resistance, Mr. Kerry said that other countries would also provide help. He said that the “totality” of the effort would make an impression on Mr. Assad.

“We’re doing this, but other countries are doing other things,” Mr. Kerry said. But neither he nor any diplomats at a meeting here of the so-called Friends of Syria countries that support the Syrian resistance provided details about that effort.

Britain is planning more substantial nonlethal aid, which could include vehicles, bulletproof vests and night vision equipment, according to an American official. British officials have been consulting with European counterparts about what sort of nonlethal aid might be allowed under the terms of European Union decisions.

There is speculation that the Obama administration might expand its program of support to the Free Syrian Army to include nonlethal equipment if rebel fighters use the initial assistance effectively and do not allow any to fall into the hands of extremists.

“We’re in the Middle East. It’s all about the bargaining,” said Mona Yacoubian, a Middle East expert at the Henry L. Stimson Center in Washington. “It could be this is part of a strategy of deliberately trickling in aid, to sort of see how things are going on the ground. You start with harmless things, like M.R.E.’s. Is this a conversation starter? We might think of it that way.”

But Mr. Kerry provided no indication that the White House was committed to such a phased expansion of nonlethal support.

“I am going back to Washington with a number of thoughts and ideas that were put on the table today, and I’m confident we’re going to have a robust and ongoing conversation,” he said.

Some members of the Syria opposition said they were disappointed by the Rome session.

“It is obvious that the real support is absent,” said Walid al-Bunni, a spokesman for the anti-Assad coalition. He said what the resistance needed most was weapons. “What we want is to stop the Scuds launched on Aleppo, to stop the warplanes that are bombing our towns and villages.”

Mr. Khatib, for his part, delivered an emotional statement in which he urged establishment of a humanitarian corridor to the besieged city of Homs, and complained that many in the West were too quick to judge some members of the opposition as Islamic extremists because of “the length of a beard of a fighter.”

“Bashar Assad, for once in your life, behave as a human being,” Mr. Khatib said. “Bashar Assad, you have to make at least one wise decision in your life for the future of your country.”

One aim of the $60 million in aid is to help the Syrian Opposition Coalition, the umbrella group led by Mr. Khatib that the United States backs and has helped shape, in building credibility within the country and contesting the influence of extremist groups like the Al Nusra Front, an organization affiliated with Al Qaeda.

American officials have become increasingly concerned that the Al Nusra Front is making inroads among the Syrian population by dispersing assistance in the areas it controls.

The American assistance could also help the Syrian coalition develop the governance skills it will need to play a role in any post-Assad political transition.

The funds are to be used in areas controlled by the Syrian opposition coalition to improve education, sanitation and security. Another goal is to strengthen the rule of law in these areas and discourage vigilante justice or revenge killings. To carry out the program, the United States plans to send technical advisers to the headquarters of the Syrian opposition in Cairo. The advisers will be drawn from nongovernmental organizations.

The $60 million is on top of more than $50 million in assistance, including communications equipment, that the United States has already provided to local councils and civil activists. The new funds need to be approved by Congress, which is caught up in politics over how to cut the American budget deficit. But Mr. Kerry said that he expects Congressional approval soon.

Reporting was contributed by Mark Mazzetti from Washington, Anne Barnard and Hwaida Saad from Beirut, Lebanon, and Christine Hauser from New York.

Read More..

Doctor and Patient: Why Failing Med Students Don’t Get Failing Grades

Tall and dark-haired, the third-year medical student always seemed to be the first to arrive at the hospital and the last to leave, her white coat perpetually weighed down by the books and notes she jammed into the pockets. She appeared totally absorbed by her work, even exhausted at times, and said little to anyone around her.

Except when she got frustrated.

I first noticed her when I overheard her quarreling with a nurse. A few months later I heard her accuse another student of sabotaging her work. And then one morning, I saw her storm off the wards after a senior doctor corrected a presentation she had just given. “The patient never told me that!” she cried. The nurses and I stood agape as we watched her stamp her foot and walk away.

“Why don’t you just fail her?” one of the nurses asked the doctor.

“I can’t,” she sighed, explaining that the student did extremely well on all her tests and worked harder than almost anyone in her class. “The problem,” she said, “is that we have no multiple choice exams when it comes to things like clinical intuition, communication skills and bedside manner.”

Medical educators have long understood that good doctoring, like ducks, elephants and obscenity, is easy to recognize but difficult to quantify. And nowhere is the need to catalog those qualities more explicit, and charged, than in the third year of medical school, when students leave the lecture halls and begin to work with patients and other clinicians in specialty-based courses referred to as “clerkships.” In these clerkships, students are evaluated by senior doctors and ranked on their nascent doctoring skills, with the highest-ranking students going on to the most competitive training programs and jobs.

A student’s performance at this early stage, the traditional thinking went, would be predictive of how good a doctor she or he would eventually become.

But in the mid-1990s, a group of researchers decided to examine grading criteria and asked directors of internal medicine clerkship courses across the country how accurate and consistent they believed their grading to be. Nearly half of the course directors believed that some form of grade inflation existed, even within their own courses. Many said they had increasing difficulty distinguishing students who could not achieve a “minimum standard,” whatever that might be. And over 40 percent admitted they had passed students who should have failed their course.

The study inspired a series of reforms aimed at improving how medical educators evaluated students at this critical juncture in their education. Some schools began instituting nifty mnemonics like RIME, or Reporter-Interpreter-Manager-Educator, for assessing progressive levels of student performance; others began to call regular meetings to discuss grades; still others compiled detailed evaluation forms that left little to the subjective imagination.

Now a new study published last month in the journal Teaching and Learning in Medicine looks at the effects of these many efforts on the grading process. And while the good news is that the rate of grade inflation in medical schools is slower than in colleges and universities, the not-so-good news is that little has changed. A majority of clerkship directors still believe that grade inflation is an issue even within their own courses; and over a third believe that students have passed their course who probably should have failed.

“Grades don’t have a lot of meaning,” said Dr. Sara B. Fazio, lead author of the paper and an associate professor of medicine at Harvard Medical School who leads the internal medicine clerkship at the Beth Israel Deaconess Medical Center in Boston. “‘Satisfactory’ is like the kiss of death.”

About a quarter of the course directors surveyed believed that grade inflation occurred because senior doctors were loath to deal with students who could become angry, upset or even turn litigious over grades. Some confessed to feeling pressure to help students get into more selective internships and training programs.

But for many of these educators, the real issue was not flunking the flagrantly unprofessional student, but rather evaluating and helping the student who only needed a little extra help in transitioning from classroom problem sets to real world patients. Most faculty received little or no training or support in evaluating students, few came from institutions that had remediation programs to which they could direct students, and all worked under grading systems that were subjective and not standardized.

Despite the disheartening findings, Dr. Fazio and her co-investigators believe that several continuing initiatives may address the evaluation issues. For example, residency training programs across the country will soon be assessing all doctors-in-training with a national standards list, a series of defined skills, or “competencies,” in areas like interpersonal communication, professional behavior and specialty-specific procedures. Over the next few years, medical schools will likely be adopting a similar system for medical students, creating a national standard for all institutions.

“There have to be unified, transparent and objective criteria,” Dr. Fazio said. “Everyone should know what it means when we talk about educating and training ‘good doctors.’”

“We will all be patients one day,” she added. “We have to think about what kind of doctors we want to have now and in the future.”

Read More..

DealBook: As Losses Mount, R.B.S. Unveils Plan to Sell Assets

LONDON – The Royal Bank of Scotland, hammered by losses, announced plans on Thursday to sell assets and pare back its investment banking business, in an effort to appease regulators and its biggest shareholder, the British government.

R.B.S. said it planned to sell a stake in the Citizens Financial Group, the American lender it bought in 1988, through an initial public offering in two years. The bank will also continue to reduce its investment banking operations, with plans to cut risky assets and eliminate jobs.

The moves are designed to help bolster the bank’s capital levels and refocus its operations, part of a multiyear turnaround effort initiated by its chief executive, Stephen Hester. In the end, R.B.S. will emerge a much smaller bank, largely focused on Britain.

“R.B.S. is four years into its recovery plan,” Mr. Hester said in a statement, “and good progress has been made. We are a much smaller, more focused and stronger bank. Our target is for 2013 to be the last big year of restructuring.”

Like many rivals, R.B.S. is struggling with the legacy of the financial crisis and a spate of legal issues. On Thursday, it reported a bigger-than-expected loss, in part tied to its legal troubles.

The bank, in which the British government holds an 82 percent stake after a bailout in 2008, posted a net loss of £5.97 billion ($9 billion) in 2012, much larger than the £2 billion loss recorded in 2011. Analysts had been expecting a loss of £5.1 billion. For the last quarter of 2012, R.B.S. reported a £2.6 billion loss, up from a £1.8 billion loss in the period a year earlier.

The rising losses reflect the bank’s regulatory and legal problems.

R.B.S. said on Thursday that it had set aside an additional £1.1 billion to compensate clients to which it improperly sold insurance products, bringing the total provision to £2.2 billion. It also estimated it would have to pay £700 million to compensate small businesses to which it improperly sold some interest-rate hedging products.

The bank agreed this year to pay $612 million to British and American authorities to settle accusations of rate-rigging. Since then, Mr. Hester has promised to tighten controls at the bank to limit the risk of future rate manipulation.

The head of R.B.S.’s investment banking division, John Hourican, resigned at the beginning of February as a result of the scandal related to manipulating the London interbank offered rate, or Libor. The bank plans to pay its fine with money clawed back from bonuses.

‘‘Along with the rest of the banking industry we faced significant reputational challenges,’’ Mr. Hester said in the statement. ‘‘We are determined to overcome the cultural and reputational baggage of precrisis times with the same focus we have applied to the financial cleanup from that era.’’

Eager to get back some of the £45.5 billion it invested in R.B.S., the British government recently increased pressure on the bank’s management to speed up the reorganization.

Some analysts said the government could start selling parts of its investment in the bank, even at a loss, before the next general election, which is set for 2015. R.B.S.’s shares are still trading at about half what the government paid for them in 2008. Some lawmakers said they would favor handing out shares to the public instead of a possible sale of the stake on the open market.

Richard Hunter, head of equities at Hargreaves Lansdown Stockbrokers, said there were signs that Mr. Hester’s efforts to turn around the bank had started to pay off, but that “the ongoing absence of a dividend and overhang of the government stake are negatives which need to be resolved.”

Read More..

The Lede: Video of Pope Benedict’s Public Farewell

During his final farewell address, Pope Benedict XVI describes the joys and challenges of his papacy via CNN on YouTube.

As our colleagues, Rachel Donadio and Alan Cowell report, Pope Benedict XVI held his final general audience in St. Peter’s Square on Wednesday, a day before he withdraws from the public for a cloistered life of prayer and meditation.

Before tens of thousands of people gathered in the square, the pope acknowledged the difficulties he faced during his papacy, describing “moments of joy and light but also moments that were not easy.” At times, when the “seas were rough”, he said that “the Lord seemed to sleep.”

From the full text of his address:

When, almost eight years ago, on April 19th, [2005], I agreed to take on the Petrine ministry, I held steadfast in this certainty, which has always accompanied me. In that moment, as I have already stated several times, the words that resounded in my heart were: “Lord, what do you ask of me? It a great weight that You place on my shoulders, but, if You ask me, at your word I will throw out the nets, sure that you will guide me” – and the Lord really has guided me. He has been close to me: daily could I feel His presence.

[These years] have been a stretch of the Church’s pilgrim way, which has seen moments joy and light, but also difficult moments. I have felt like St. Peter with the Apostles in the boat on the Sea of Galilee: the Lord has given us many days of sunshine and gentle breeze, days in which the catch has been abundant; [then] there have been times when the seas were rough and the wind against us, as in the whole history of the Church it has ever been – and the Lord seemed to sleep. Nevertheless, I always knew that the Lord is in the barque, that the barque of the Church is not mine, not ours, but His – and He shall not let her sink. It is He, who steers her: to be sure, he does so also through men of His choosing, for He desired that it be so. This was and is a certainty that nothing can tarnish. It is for this reason, that today my heart is filled with gratitude to God, for never did He leave me or the Church without His consolation, His light, His love.

An English translation from the Vatican of Pope Benedict XVI’s last general audience before his formal resignation on Thursday.

On Twitter, the pope’s account, @Pontifex, which has more than 1.5 million followers, posted:

If only everyone could experience the joy of being Christian, being loved by God who gave his Son for us!

— Benedict XVI (@Pontifex) 27 Feb 13

Shortly after he announced his resignation, he asked on Twitter for people “to pray for me and for the church, trusting as always in divine providence.”

From St. Peter’s Square, people posted photographs from the crowd, including a shot of the pope arriving in the so-called popemobile, on his way to deliver his final farewell.

St. Peter’s Square completely full of people! #vatican #pope #last #speaking http://t.co/m2RBoGNDJy

— Marko Style (@MarkoStyle44) 27 Feb 13

This is how close I got to the Pope http://t.co/BfOXkddkrE

— Becca Liudzius (@becksky123) 27 Feb 13

As my colleague, Laurie Goodstein reports, the church faces, among its many challenges as cardinals gather to select a new pope, the wounds caused by sexual abuse cases involving minors all over the world that have been mishandled for years.

In St. Peter’s Square, the pope also spoke briefly in English to the crowd.

The pope spoke in English, and asked Catholics to pray for both him and the new pope.

I offer a warm and affectionate greeting to the English-speaking pilgrims and visitors who have joined me for this, my last General Audience. Like Saint Paul, whose words we heard earlier, my heart is filled with thanksgiving to God who ever watches over his Church and her growth in faith and love, and I embrace all of you with joy and gratitude. During this Year of Faith, we have been called to renew our joyful trust in the Lord’s presence in our lives and in the life of the Church. I am personally grateful for his unfailing love and guidance in the eight years since I accepted his call to serve as the Successor of Peter. I am also deeply grateful for the understanding, support and prayers of so many of you, not only here in Rome, but also throughout the world.

The decision I have made, after much prayer, is the fruit of a serene trust in God’s will and a deep love of Christ’s Church. I will continue to accompany the Church with my prayers, and I ask each of you to pray for me and for the new Pope. In union with Mary and all the saints, let us entrust ourselves in faith and hope to God, who continues to watch over our lives and to guide the journey of the Church and our world along the paths of history. I commend all of you, with great affection, to his loving care, asking him to strengthen you in the hope which opens our hearts to the fullness of life that he alone can give. To you and your families, I impart my blessing. Thank you!

The identity of the new pope will revealed from this balcony after the conclave, likely within 2 weeks. http://t.co/40Q9oWAz3f

— Eric Reguly (@ereguly) 27 Feb 13

Read More..

Penn State upsets No. 4 Michigan 84-78

STATE COLLEGE, Pa. (AP) — Jermaine Marshall scored 25 points and Penn State upset No. 4 Michigan 84-78 on Wednesday night for its first Big Ten win of the season.

The Nittany Lions (9-18, 1-14) had lost 18 straight regular-season conference games dating to last season, but they roared back from a 15-point deficit with 10:39 left behind the energetic play of Marshall. The junior guard scored 19 in the second half, including four 3s that whipped Jordan Center fans into a frenzy.

D.J. Newbill added 17 points for Penn State, which hit a season-high 10 3-pointers. Marshall's twisting drive to the basket gave the Nittany Lions a three-point lead before Michigan's Glenn Robinson III misfired on a 3 with 17 seconds left.

Sasa Borovnjak had a memorable Senior Night, hitting two foul shots with 15 seconds left to seal the win. Moments later, Penn State fans rushed the court in delight.

Tim Hardaway Jr. scored 19 points for the Wolverines (23-5, 10-5).

Read More..

Global Health: After Measles Success, Rwanda to Get Rubella Vaccine

Rwanda has been so successful at fighting measles that next month it will be the first country to get donor support to move to the next stage — fighting rubella too.

On March 11, it will hold a nationwide three-day vaccination campaign with a combined measles-rubella vaccine, hoping to reach nearly five million children up to age 14. It will then integrate the dual vaccine into its national health service.

Rwanda can do so “because they’ve done such a good job on measles,” said Christine McNab, a spokeswoman for the Measles and Rubella Initiative. M.R.I. helped pay for previous vaccination campaigns in the country and the GAVI Alliance is helping to finance the upcoming one.

Rubella, also called German measles, causes a rash that is very similar to the measles rash, making it hard for health workers to tell the difference.

Rubella is generally mild, even in children, but in pregnant women, it can kill the fetus or cause serious birth defects, including blindness, deafness, mental retardation and chronic heart damage.

Ms. McNab said that Rwanda had proved that it can suppress measles and identify rubella, and it would benefit from the newer, more expensive vaccine.

The dual vaccine costs twice as much — 52 cents a dose at Unicef prices, compared with 24 cents for measles alone. (The MMR vaccine that American children get, which also contains a vaccine against mumps, costs Unicef $1.)

More than 90 percent of Rwandan children now are vaccinated twice against measles, and cases have been near zero since 2007.

The tiny country, which was convulsed by Hutu-Tutsi genocide in 1994, is now leading the way in Africa in delivering medical care to its citizens, Ms. McNab said. Three years ago, it was the first African country to introduce shots against human papilloma virus, or HPV, which causes cervical cancer.

In wealthy countries, measles kills a small number of children — usually those whose parents decline vaccination. But in poor countries, measles is a major killer of malnourished infants. Around the world, the initiative estimates, about 158,000 children die of it each year, or about 430 a day.

Every year, an estimated 112,000 children, mostly in Africa, South Asia and the Pacific islands, are born with handicaps caused by their mothers’ rubella infection.

Thanks in part to the initiative — which until last year was known just as the Measles Initiative — measles deaths among children have declined 71 percent since 2000. The initiative is a partnership of many health agencies, vaccine companies, donors and others, but is led by the American Red Cross, the United Nations Foundation, the Centers for Disease Control and Prevention, Unicef and the World Health Organization.

This article has been revised to reflect the following correction:

Correction: February 27, 2013

An earlier version of this article misstated the source of the vaccine and some financing for the campaign. The vaccine and financing is being provided by the GAVI Alliance, not the Measles and Rubella Initiative.

Read More..

DealBook: Court Approves Dewey Bankruptcy Plan, Officially Dissolving Firm

Nine months ago, when it filed the largest law firm bankruptcy case in United States history, Dewey & LeBoeuf effectively ceased to exist. But its carcass has languished in court, as restructuring experts handled the messy task of unwinding the firm and negotiating a plan to pay back its creditors.

On Wednesday, a federal bankruptcy judge confirmed that plan, a decision that officially dissolved Dewey, the once-venerable law firm that collapsed after financial problems led to an exodus of its partners.

“The court is very pleased,” said Judge Martin Glenn at the end of a three-hour hearing before a packed courtroom. “I want to congratulate all the professionals.”

Dewey’s liquidation plan lays out how its estate will compensate creditors, which have claims totaling about $550 million. At the heart of the proposal is an innovative arrangement under which about 450 former Dewey partners agreed to return a portion of their pay, raising about $72 million for creditors.

By accepting the deal, former Dewey partners insulate themselves from future lawsuits connected to the firm’s demise.

Al Togut, Dewey’s lead bankruptcy lawyer, who has been involved in a number of law firm bankruptcies, said that the winding down of Dewey had moved far more swiftly — and less contentiously — than previous liquidations of other large law firms.

“Here we are about to make history,” said Mr. Togut, just before Judge Glenn approved the plan. “This the diametric opposite of Finley Kumble, which took 20 years, or Shea & Gould, which took nine years, and even the modern-day Coudert Brothers case, which still isn’t done.”

Also not done is a criminal investigation into possible financial misconduct at Dewey. Steven H. Davis, the firm’s former chairman, and Stephen DiCarmine, the former executive director, are the focus of an investigation by the Manhattan district attorney’s office.

Prosecutors recently indicated that the inquiry was still active when it raised the issue that Mr. Davis’s criminal lawyer, Barry A. Bohrer, had a conflict of interest in representing him, according to a person with direct knowledge of the investigation.

The unusual situation arose earlier this month after Mr. Bohrer left his law firm, Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, for another firm, Schulte Roth & Zabel. That posed a conflict of interest, the district attorney’s office advised, because Schulte Roth represented JPMorgan Chase, a Dewey lender and possible victim, in the criminal inquiry, this person said.

Mr. Bohrer declined to comment, and Mr. Davis has previously denied any wrongdoing. Ned Bassen, a lawyer for Mr. DiCarmine, said that his client had done nothing wrong, either criminally or civilly.

While the government investigation continues, the judge’s ruling is the coda of the Chapter 11 case.

Trustees will now begin the process of returning money to Dewey’s creditors, which include the firm’s lenders Citigroup and JPMorgan, as well as a car service company and an executive recruiter. A large portion of the recovery, in addition to the former Dewey partners’ contributions, will come from collecting Dewey’s outstanding legal invoices.

The hearing lacked the drama that many participants had expected after a number of onetime Dewey partners filed protests to the plan this month. Two former Dewey partners accused Martin J. Bienenstock, the former head of Dewey’s bankruptcy practice, of devising a plan that paid him $6 million in 2010 while the pay of rank-and-file partners was deferred and ultimately was subject to being clawed back.

That objection, along with a handful of others, was withdrawn just hours before the session, allowing for a smooth confirmation hearing.

In an e-mail, Mr. Bienenstock, now a partner at the law firm Proskauer Rose, congratulated the advisers on what he called “the most successful and fastest law firm bankruptcy case.” But he criticized those who tried to block the plan.

“A small number of former partners tried to get special deals for themselves by making vicious accusations of fraud against the executive committee that structured the bankruptcy, having zero basis in fact, and predictably no wrongful conduct was proven,” Mr. Bienenstock said.

During the court session, Mr. Togut praised the former Dewey lawyers who signed on to the so-called partnership contribution plan, which he called “a template for future cases.”

The deal forced them to return a portion of their pay, in amounts based on a complex formula tied to their compensation. Those payments range from a minimum of $5,000 for retired partners to $3.5 million for the firm’s highest-paid lawyers.

“What makes this case so important is that this is the first time that such a large and diverse group of law partners accepted responsibility for their failed firm,” Mr. Togut said. “And they did it while they were still hurting, just after the firm failed, while they were trying to start their career and soothe unhappy spouses.”

Most former partners of Dewey, a firm that at its peak had nearly 1,400 lawyers across 26 offices globally, have landed on their feet. About 300 Dewey partners sought new employment as the firm failed; nearly all of them found homes at other large corporate firms. Winston & Strawn hired 23, led by the sports-industry litigator Jeffrey Kessler. Proskauer brought on 13 former Dewey partners.

Though the formal bankruptcy process has ended, the legal fallout from Dewey’s implosion is not over. In addition to the criminal investigation, several Dewey-related civil lawsuits are wending their way through the courts. One former partner has sued Citigroup, accusing the bank of conspiring with Dewey to hide the law firm’s true financial condition in the months before its collapse. A Citigroup spokeswoman declined to comment.

While most of the firm’s lawyers have found other employment and the bankruptcy process was declared a success, Mr. Togut on Wednesday acknowledged the sadness of Dewey’s demise.

“They say that a good settlement is where no one is happy,” Mr. Togut said. “Well, I can assure you, no one is happy.”

Read More..

U.S. Officials Propose Sharing Drone Surveillance Data With Algerian Forces

Hussein Malla/Associated Press

In a cave in Idlib Province, Free Syrian Army fighters did a traditional dance and sang songs critical of President Bashar al-Assad.

 WASHINGTON — The American ambassador to Algeria and senior counterterrorism officials have proposed sharing more information with Algerian security forces to help them kill or capture militants in their own country and in areas just across their borders.

Their approach reflects the growing support within the administration for more forceful action against extremists in the area since the attack on a gas field in eastern Algeria last month left 37 dead, including three Americans, and focused new concerns on terrorist activity in Africa.

Under one plan, information from American surveillance drones would be provided to Algerian forces to enable them to engage in operations both inside Algeria and possibly, in a limited way, across its borders. The United States is already providing surveillance information to the French-led military operation in Mali to help combat militants there who last year seized the northern half of the country.

In a cable to the State Department last week, according to administration officials, Henry S. Ensher, the United States envoy in Algiers, urged that the pursuit of the Algerian militant Mokhtar Belmokhtar, the mastermind of the gas field attack, be made a priority. Toward that end, he recommended that the Obama administration tell the Algerians that if they allowed the United States to fly unarmed drones over the border area of Algeria as well as over Mali, the Americans would share the information with the Algerian government.

There was broad agreement among policy makers and intelligence officials at a meeting of President Obama’s top national security deputies at the White House last week that Mr. Belmokhtar and members of Al Qaeda in the Islamic Maghreb should be aggressively pursued, according to one senior American official who insisted on anonymity so he could discuss internal deliberations. But no decision appears to have been reached on whether to make a formal proposal to the Algerians.

The idea of taking stronger action in the region has been supported in recent months by Michael Sheehan, the senior counterterrorism official at the Pentagon, and Daniel Benjamin, who until December was the senior State Department counterterrorism official. In the past, State Department lawyers have questioned whether the military action approved by Congress against Al Qaeda after the Sept. 11, 2001, attacks authorized efforts to target extremists who were not clearly linked to the group. But according to some officials, those legal arguments  have recently been overcome.  

The United States has long sought Algeria’s cooperation in antiterrorism efforts, and sharing information with a government that has jealously guarded its sovereignty would be a significant step toward that goal. During the siege of the gas plant at In Amenas, Algeria permitted the United States to fly a Predator surveillance drone over the complex, though it insisted that the drone be withdrawn after the assault was over.  

Mr. Obama announced last week that about 100 American troops had arrived in Niger in West Africa, next to Mali, to set up a new drone base to conduct surveillance flights in the region.

American officials also sense a possible change of heart by Algerian officials to move away from their longstanding policy not to conduct military operations outside the nation’s borders. Algerian officials recently told the United States that they were prepared to conduct operations in border areas, one American official said.

Mr. Belmokhtar, 40 — sometimes known as “Laaouar,” or the one-eyed, after he lost an eye to shrapnel —  was deemed to be a menace long before he drew international attention for last month’s attack. As the Algerians pressed their campaign against the militants, he took refuge in Mali, where he engaged in smuggling and kidnapped foreigners for ransom, including Robert Fowler, a Canadian diplomat and United Nations special envoy who was abducted in 2008.

By the spring of 2012, northern Mali had become a gathering place for Al Qaeda in the Islamic Maghreb. Other militant factions in northern Mali included Ansar al-Dine, a group largely made up of members of Mali’s nomadic Tuareg minority. Its leader, Iyad ag Ghali, has been officially designated as a global terrorist, the State Department announced  Tuesday.  The growing extremist presence in Mali became an increasing concern for Mr. Ensher as well as for Gen. Carter F. Ham, the head of the Africa Command, and counterterrorism officials at the Pentagon and the State Department.

Michael R. Gordon and Eric Schmitt reported from Washington. Mark Landler contributed reporting from Washington and Adam Nossiter from Lagos, Nigeria.

Read More..

Experts: Pistorius violated basic firearms rules

JOHANNESBURG (AP) — Even if Oscar Pistorius is acquitted of murder, firearms and legal experts in South Africa believe that, by his own account, the star athlete violated basic gun-handling regulations and exposed himself to a homicide charge by shooting into a closed door without knowing who was behind it.

Particularly jarring for firearms instructors and legal experts is that Pistorius testified that he shot at a closed toilet door, fearing but not knowing for certain that a nighttime intruder was on the other side. Instead of an intruder, Pistorius' girlfriend Reeva Steenkamp was in the toilet cubicle. Struck by three of four shots that Pistorius fired from a 9 mm pistol, she died within minutes. Prosecutors charged Pistorius with premeditated murder, saying the shooting followed an argument between the two. Pistorius said it was an accident.

South Africa has stringent laws regulating the use of lethal force for self-protection. In order to get a permit to own a firearm, applicants must not only know those rules but must demonstrate proficiency with the weapon and knowledge of its safe handling, making it far tougher to legally own a gun in South Africa than many other countries where a mere background check suffices.

Pistorius took such a competency test for his 9 mm pistol and passed it, according to the South African Police Service's National Firearms Center. Pistorius' license for the 9 mm pistol was issued in September 2010. The Olympic athlete and Paralympic medalist should have known that firing blindly, instead of at a clearly identified target, violates basic gun-handling rules, firearms and legal experts said.

"You can't shoot through a closed door," said Andre Pretorius, president of the Professional Firearm Trainers Council, a regulatory body for South African firearms instructors. "People who own guns and have been through the training, they know that shooting through a door is not going to go through South African law as an accident."

"There is no situation in South Africa that allows a person to shoot at a threat that is not identified," Pretorius added. "Firing multiple shots, it makes it that much worse. ...It could have been a minor — a 15-year-old kid, a 12-year-old kid — breaking in to get food."

The Pistorius family, through Arnold Pistorius, uncle of the runner, has said it is confident that the evidence will prove that Steenkamp's death in the predawn hours of Feb. 14 was "a terrible and tragic accident."

In an affidavit to the magistrate who last Friday freed him on bail, Pistorius said he believed an intruder or intruders had gotten into his US$560,000 (€430,000) two-story house, in a guarded and gated community with walls topped by electrified fencing east of the capital, Pretoria, and were inside the toilet cubicle in his bathroom. Believing he and Steenkamp "would be in grave danger" if they came out, "I fired shots at the toilet door" with the pistol that he slept with under his bed, he testified.

Criminal law experts said that even if the prosecution fails to prove premeditated murder, firing several shots through a closed door could bring a conviction for the lesser but still serious charge of culpable homicide, a South African equivalent of manslaughter covering unintentional deaths through negligence.

Johannesburg attorney Martin Hood, who specializes in firearm law, said South African legislation allows gun owners to use lethal force only if they believe they are facing an immediate, serious and direct attack or threat of attack that could either be deadly or cause grievous injury.

According to Pistorius' own sworn statement read in court, he "did not meet those criteria," said Hood, who is also the spokesman for the South African Gun Owners' Association.

"If he fired through a closed door, there was no threat to him. It's as simple as that," he added. "He can't prove an attack on his life ... In my opinion, at the very least, he is guilty of culpable homicide."

The Associated Press emailed a request for comment to Vuma, a South African reputation management firm hired by the Pistorius family to handle media questions about the shooting.

The firm replied: "Due to the legal sensitivities around the matter, we cannot at this stage answer any of your questions as it might have legal implications for a case that still has to be tried in a court of law." Vuma said on Monday it referred the AP's questions to Pistorius' legal team, which by Tuesday had not replied.

Culpable homicide covers unintentional deaths ranging from accidents with no negligence, like a motorist whose brakes fail, killing another road user, "to where it verges on murder or where it almost becomes intentional," said Hood. Sentences — ranging from fines to prison — are left to courts to determine and are not set by fixed guidelines.

The tough standards for legally acquiring a gun were instituted in part because of a wave of weapons purchases after the end of racist white rule in 1994, said Rick De Caris, a former legal director in the South African police. Under South Africa's white-minority apartheid regime, gun owners often learned how to handle firearms during military service. Many of the new gun owners had little or no firearms training, which brought tragic results, De Caris said.

"People were literally shooting themselves when cleaning a firearm," said De Caris, who helped draft the Firearms Control Act of 2000.

Prospective gun owners must now take written exams that include questions on the law, have to show they can safely handle and shoot a gun and are required to hit a target the size of a glossy magazine in 10 of 10 shots from seven meters (23 feet), said Pretorius of the Professional Firearm Trainers Council.

In his affidavit, Pistorius said he wasn't wearing his prosthetic limbs "and felt extremely vulnerable" after hearing noise from the toilet.

"I grabbed my 9 mm pistol from underneath my bed. On my way to the bathroom, I screamed words to the effect for him/them to get out of my house and for Reeva to phone the police. It was pitch-dark in the bedroom and I thought Reeva was in bed," he testified.

Legal experts said they are puzzled why Pistorius apparently didn't first fire a warning shot to show the supposed intruder he was armed. Also unanswered is why, after he heard noise in his bathroom that includes the toilet cubicle, Pistorius still went toward the bathroom — toward the perceived danger — rather than retreat back into his bedroom.

"He should have tried to get out of the situation," said Hood, the attorney.

Read More..

Advanced Breast Cancer May Be Rising Among Young Women, Study Finds

The incidence of advanced breast cancer among younger women, ages 25 to 39, may have increased slightly over the last three decades, according to a study released Tuesday.

But more research is needed to verify the finding, which was based on an analysis of statistics, the study’s authors said. They do not know what may have caused the apparent increase.

Some outside experts questioned whether the increase was real, and expressed concerns that the report would frighten women needlessly.

The study, published in The Journal of the American Medical Association, found that advanced cases climbed to 2.9 per 100,000 younger women in 2009, from 1.53 per 100,000 women in 1976 — an increase of 1.37 cases per 100,000 women in 34 years. The totals were about 250 such cases per year in the mid-1970s, and more than 800 per year in 2009.

Though small, the increase was statistically significant, and the researchers said it was worrisome because it involved cancer that had already spread to organs like the liver or lungs by the time it was diagnosed, which greatly diminishes the odds of survival.

For now, the only advice the researchers can offer to young women is to see a doctor quickly if they notice lumps, pain or other changes in the breast, and not to assume that they cannot have breast cancer because they are young and healthy, or have no family history of the disease.

“Breast cancer can and does occur in younger women,” said Dr. Rebecca H. Johnson, the first author of the study and medical director of the adolescent and young adult oncology program at Seattle Children’s Hospital.

But Dr. Johnson noted that there is no evidence that screening helps younger women who have an average risk for the disease and no symptoms. “We’re certainly not advocating that young women get mammography at an earlier age than is generally specified,” she said.

Expert groups differ about when screening should begin; some say at age 40, others 50.

Breast cancer is not common in younger women; only 1.8 percent of all cases are diagnosed in women from 20 to 34, and 10 percent in women from 35 to 44. However, when it does occur, the disease tends to be more deadly in younger women than in older ones. Researchers are not sure why.

The researchers analyzed data from SEER, a program run by the National Cancer Institute to collect cancer statistics on 28 percent of the population of the United States. The study also used data from the past when SEER was smaller.

The study is based on information from 936,497 women who had breast cancer from 1976 to 2009. Of those, 53,502 were 25 to 39 years old, including 3,438 who had advanced breast cancer, also called metastatic or distant disease.

Younger women were the only ones in whom metastatic disease seemed to have increased, the researchers found.

Dr. Archie Bleyer, a clinical research professor in radiation medicine at the Knight Cancer Institute at the Oregon Health and Science University in Portland who helped write the study, said scientists needed to verify the increase in advanced breast cancer in young women in the United States and find out whether it is occurring in other developed Western countries. “This is the first report of this kind,” he said, adding that researchers had already asked colleagues in Canada to analyze data there.

“We need this to be sure ourselves about this potentially concerning, almost alarming trend,” Dr. Bleyer said. “Then and only then are we really worried about what is the cause, because we’ve got to be sure it’s real.”

Dr. Johnson said her own experience led her to look into the statistics on the disease in young women. She had breast cancer when she was 27; she is now 44. Over the years, friends and colleagues often referred young women with the disease to her for advice.

“It just struck me how many of those people there were,” she said.

Dr. Donald A. Berry, an expert on breast cancer data and a professor of biostatistics at the University of Texas’ M. D. Anderson Cancer Center in Houston, said he was dubious about the finding, even though it was statistically significant, because the size of the apparent increase was so small — 1.37 cases per 100,000 women, over the course of 30 years.

More screening and more precise tests to identify the stage of cancer at the time of diagnosis might account for the increase, he said.

“Not many women aged 25 to 39 get screened, but some do, but it only takes a few to account for a notable increase from one in 100,000,” Dr. Berry said.

Dr. Silvia C. Formenti, a breast cancer expert and the chairwoman of radiation oncology at New York University Langone Medical Center, questioned the study in part because although it found an increased incidence of advanced disease, it did not find the accompanying increase in deaths that would be expected.

A spokeswoman for an advocacy group for young women with breast cancer, Young Survival Coalition, said the organization also wondered whether improved diagnostic and staging tests might explain all or part of the increase.

“We’re looking at this data with caution,” said the spokeswoman, Michelle Esser. “We don’t want to invite panic or alarm.”

She said it was important to note that the findings applied only to women who had metastatic disease at the time of diagnosis, and did not imply that women who already had early-stage cancer faced an increased risk of advanced disease.

Dr. J. Leonard Lichtenfeld
, deputy chief medical officer of the American Cancer Society, said he and an epidemiologist for the society thought the increase was real.

“We want to make sure this is not oversold or that people suddenly get very frightened that we have a huge problem,” Dr. Lichtenfeld said. “We don’t. But we are concerned that over time, we might have a more serious problem than we have today.”

Read More..

BP Executive Testifies That Rig Explosion Was Known Risk

NEW ORLEANS — On the first day of testimony in the BP Gulf of Mexico oil spill trial, BP’s top executive for North American operations at the time of the disaster acknowledged on Tuesday that a well explosion had been identified as a risk before it happened.

“There was a risk identified for a blowout,” said Lamar McKay, the former president of BP America and current chief executive in charge of global upstream operations. “The blowout was an identified risk, and it was a big risk, yes.”

Robert Cunningham, a lawyer for private plaintiffs, tried to pin down Mr. McKay on BP’s responsibility for the 2010 disaster that killed 11 workers and dumped millions of barrels of oil into the gulf. Mr. Cunningham suggested that the British company’s cost-cutting and risk-taking culture were at the heart of the explosion and spill. He pressed Mr. McKay on the fact that a BP report on the accident held contractors responsible, but did not cite management failures.

Mr. McKay repeatedly responded that BP was responsible for designing the well, but that the rig, cement and other contractors shared responsibility for safety on the drilling operations.

“It’s a team effort,” he said. “It’s a shared responsibility to manage the safety and risk.”

Mr. McKay testified for more than an hour at the end of the day and will continue on Wednesday. He told the court that there were risks involved with drilling both in deep waters and in shallow waters, but that a blowout could be more difficult to control, and therefore more damaging, in deep waters. There was little, if anything, in his comments that diverged from what BP executives have said in the past.

After the April 2010 spill, internal BP documents showed that the company had struggled with a loss of “well control” in March, after several weeks of problems on the rig. And for months before that, it had been concerned about the well casing and the blowout preventer, which are considered critical pieces in the chain of events that led to the disaster.

On June 22, 2009, for example, BP engineers expressed concerns that the metal casing the company wanted to use might collapse under high pressure.

“This would certainly be a worst-case scenario,” Mark E. Hafle, a senior drilling engineer at BP, warned in an internal report. “However, I have seen it happen so know it can occur.”

Early in his testimony, Mr. McKay shifted and appeared uncomfortable on the witness stand. He acknowledged that he had never read a textbook on safety system engineering before or after the accident, or a safety report written by a BP consultant who testified earlier in the day.

Mr. McKay was the second witness to appear in a multiphase trial that will determine who was responsible for the accident, whether they were grossly negligent and how much oil was spilled. He followed Robert Bea, a professor emeritus of engineering at the University of California, Berkeley, and former safety systems consultant for BP, who largely blamed the company’s culture for the accident.

“It’s a culture of every dollar counts,” Dr. Bea said. “It’s a classic failure of management and leadership.”

The Federal District Court trial in New Orleans is bundling suits brought by the Justice Department, state governments, private businesses and individual claimants against BP and several of its contractors. Decisions on culpability and damages could be a year or more away, but they are likely to have profound effects on environmental law and on the viability of BP as a major oil company with global ambitions.

Under the Clean Water Act, fines against BP could range from $1,100 for every barrel spilled through simple negligence to as much as $4,300 a barrel if the company were found to have been grossly negligent. The federal government has estimated that about four million barrels of oil were spilled, meaning liabilities of as much as $4.4 billion to $17.2 billion. BP has claimed that the amount spilled was at most 3.1 million barrels.

This article has been revised to reflect the following correction:

Correction: February 26, 2013

An earlier version of this article misstated Lamar McKay’s title when he headed BP America. He was president, not chief executive. Because of an editing error, the article also misstated the federal government’s estimate of the number of barrels spilled. It is about four million barrels, meaning a liability range of $4.4 billion to $17.2 billion, not 4.9 million barrels and a liability range of $5.4 billion to $21 billion.

Read More..