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Court won't take Gulf spill moratorium case

Written By Unknown on Senin, 16 Desember 2013 | 23.16

WASHINGTON — The Supreme Court won't decide if the Obama administration violated a judge's order that struck down its temporary moratorium on deep water drilling after BP's 2010 oil spill in the Gulf of Mexico.

The high court on Monday refused to hear an appeal from offshore service companies that challenged the moratorium.

A federal judge overturned the Interior Department's decision to halt new permits for deep water projects and suspend drilling on 33 exploratory wells after the Deepwater Horizon rig explosion killed 11 workers and triggered the massive spill. But the agency issued a second nearly identical suspension, leading the judge to issue a civil contempt finding.

But a federal appeals court concluded Interior officials took steps to avoid the effect of the injunction but didn't violate it.


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Avago Technologies buying LSI for $6.6B

NEW YORK — The chipmaker Avago Technologies Ltd. is buying LSI Corp. for $6.6 billion to help strengthen its position in the enterprise storage market and broaden its offerings.

Shares of both companies surged in Monday premarket trading.

LSI shareholders will receive $11.15 per share, a 40 percent premium to the San Jose, Calif., company's Friday closing price of $7.94.

"This combination will increase the company's scale and diversify our revenue and customer base," Avago President and CEO Hock Tan said in a statement.

The transaction is expected to significantly and immediately add to Avago's adjusted earnings per share. The Singapore-based company said that it plans to fund the acquisition with $1 billion of cash as well as a $4.6 billion term loan from a group of banks and a $1 billion investment from the private equity firm Silver Lake Partners.

Silver Lake Partners teamed with Michael Dell for the $24.9 billion acquisition of Dell Inc. Avago said that Silver Lake's investment for the LSI transaction is expected to be a seven-year, 2 percent convertible note.

Avago expects $200 million in annual operating savings by fiscal 2015's end.

Both company's boards approved the deal, which still needs approval from LSI shareholders.

The transaction is targeted to close during the first half of 2014.

Shares of LSI jumped $3.07, or 38.8 percent, to $10.98 in premarket trading about 45 minutes ahead of the market opening while Avago's stock rose $6.32, or 13.8 percent, to $51.97.


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Carrefour to buy malls next to its hypermarkets

PARIS — French big box retailer Carrefour plans to buy dozens of shopping malls next to its hypermarket stores.

The retailer said Monday that it and eight investors would buy 127 malls in France, Italy and Spain from Paris-based Klepierre for 2 billion euros ($2.75 billion). Carrefour already owns 45 malls in France. All the shopping centers will be held by one new company.

Carrefour has been struggling for years, even before the European debt crisis decimated its biggest markets, and has seen a dizzying string of strategy changes. Georges Plassat took over as chief executive last year, pledging to cut costs and make the company a leader again in the all-in-one hypermarkets it has historically excelled at.

The deal needs regulatory approval but should close in March or April 2014.


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US stocks sharply higher

Stocks rose sharply on Monday, powered by two big corporate deals and news that suggests the economy is getting stronger.

The gains follow a down week. Stocks have turned volatile ahead of a Federal Reserve meeting that begins on Tuesday, as investors bet on whether the central bank will start to reduce the stimulus that has boosted stock prices this year.

At 9:50 a.m. Eastern, the Dow Jones industrial average was up 169 points, or more than 1 percent, at 15,925. The Standard & Poor's 500 index rose 16 points, or almost 1 percent, to 1,792. The Nasdaq composite was higher by 40 points, or 1 percent, at 4,041.

All 10 industry groups in the S&P 500 were higher, led by technology stocks.

Two major deals caught investors' attention: Chipmaker Avago Technologies is buying LSI Corp. for $6.6 billion. Avago was up $4.36, or almost 10 percent, to $50, while LSI rose $3.05, or 39 percent, to $10.96. AIG is selling its aircraft leasing business for about $5.4 billion to Dutch leasing company AerCap. AIG has been selling major assets after getting a bailout during the financial crisis. Its shares rose $1.10, or 2.2 percent, to $50.83.

Also Monday, the Federal Reserve said factory production accelerated in November as auto production surged. The gains in manufacturing could help boost economic growth.

Just last week, such positive reports were making investors nervous. That's because they feared that the Fed would think that the economy is doing so well that its $85 billion in monthly bond-buying is no longer needed.

However, economists are almost unanimous in believing that the Fed will not begin winding down its stimulus program just yet. It will release a statement and projections for the economy Wednesday.

In Europe, the FTSE 100 index of leading British shares was up more than 1 percent, while Germany's DAX rose almost 2 percent. The CAC-40 in France was 1.5 percent higher. In Japan, the Nikkei 225 index slid 1.6 percent despite a report from Japan's central bank showing improved business sentiment.

Oil rose 71 cents to $97.31 on the New York Mercantile Exchange.


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Court won't hear appeal over news release

WASHINGTON — The Supreme Court won't hear an appeal from a CEO convicted because a news release misstated the results of a drug's effectiveness.

The high court on Monday declined to hear an appeal from Dr. W. Scott Harkonen, the chief executive of the biotechnology company InterMune Inc. from 1998 until 2003. He was convicted wire fraud in the marketing of the drug Actimmune, which was supposed to fight the fatal lung disease idiopathic pulmonary fibrosis.

The conviction centered on an August 2002 news release that misstated the results of a clinical trial using Actimmune. The release falsely said the test showed Actimmune helped IPF patients live longer.

Harkonen's lawyers say the results of the trial were accurate, and he is being punished for offering a scientific opinion about the results.


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US factory output rises solid 0.6 pct. in November

WASHINGTON — U.S. factories increased output in November for the fourth straight month, led by a surge in auto production. The gains show manufacturing is strengthening and could help boost economic growth at the end of the year.

Factory production rose 0.6 percent in November after a 0.5 percent gain in October, the Federal Reserve said Monday.

Production of motor vehicles and parts increased 3.4 percent, rebounding from a 1.3 percent decline in October. Factories also stepped up production of home electronics and chemical products.

Industrial production, which includes manufacturing, mining and utilities, rose 1.1 percent in November. It was the fourth straight gain.

Colder-than-average temperatures drove a 3.9 percent surge in utility production. Mining output jumped 1.7 percent to reverse a similar decline in October.

Overall production for the first time surpassed the pre-recession peak set in December 2007, the month the Great Recession began. Output is now 21 percent above its recession low hit in June 2009, the month the downturn ended.

The report of healthier output at U.S. factories helped drive a rally on Wall Street. The Dow Jones industrial average soared more than 160 points in the first hour of trading.

Paul Dales, senior U.S. economist at Capital Economics, said the gains in mining and utilities can be volatile. He noted that the best guide of the underlying trend is manufacturing output.

"It suggests that producers are benefiting from stronger demand at home and overseas," Dales said.

Factories are busier in part because overseas growth has picked up and the housing recovery has driven more demand for furniture and other wood products. Automakers are also having their best year for sales since the recession.

Separately, the Federal Reserve Bank of New York said manufacturing in the New York region grew for the sixth time in the past seven months, although the gains were only modest.

The solid gains at U.S. factories follow other positive signs for manufacturing last month.

A closely watched report from the Institute for Supply Management showed factory activity climbed in November at the fastest pace in 2 ½ years. Factories ramped up production, stepped up hiring and received orders at a healthy clip.

And the government's November employment report showed that factories added 27,000 jobs last month, the fourth straight month of gains and the most since March 2012.

The pickup at factories could help an economy that is starting to accelerate.

The U.S. economy grew at an annual rate of 3.6 percent in the July-September quarter. Nearly half of the growth came from a buildup in business stockpiles, which can be volatile.

Consumer spending slowed to the weakest pace since the end of the recession. But that was mostly because of a decline in utility spending. Spending on goods rose at the fastest pace since early 2012.

Companies could slow their inventory growth in the October-December quarter if they don't see enough demand from consumers. That would weigh on overall economic growth.

Many economists are predicting growth will slow to an annual rate of between 2 percent and 2.5 percent.

Still, a recent government report showed restocking rose in October at the fastest pace in nine months. At the same time, consumers stepped up spending at retail businesses in November. If those trends continue, growth could be stronger.


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Trial winds down for former BP engineer

NEW ORLEANS — A federal trial is drawing to a close for a former BP drilling engineer charged with deleting text messages about the company's response to its massive 2010 oil spill in the Gulf of Mexico.

Jurors are scheduled to hear closing arguments Monday in Kurt Mix's trial on two counts of obstruction of justice. Mix didn't testify. It started two weeks ago. Each count carries a maximum sentence of 20 years in prison and a $250,000 fine.

Mix pleaded not guilty to charges that he deliberately deleted text messages to and from a supervisor and a BP contractor to stymie a grand jury's investigation of the spill.

Defense attorney Joan McPhee told jurors Mix deleted the texts "for the most innocent of reasons" and didn't hide anything from the grand jury.


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FDA raises safety concerns on antibacterial soaps

WASHINGTON — The Food and Drug Administration says there is no evidence that antibacterial chemicals used in liquid soaps and washes help prevent the spread of germs, and there is some evidence they may pose health risks.

The agency said it is revisiting the safety of chemicals like triclosan in light of recent studies suggesting they can interfere with hormone levels and spur the growth of drug-resistant bacteria.

The government's preliminary ruling lends new credence to longstanding warnings from researchers who say the chemicals are, at best, ineffective and at worst, a threat to public health.

Under its proposed rule released Monday, the agency will require manufacturers to prove that their antibacterial soaps and body washes are safe and more effective than plain soap and water. If companies cannot demonstrate the safety and effectiveness of their products, they would have to be reformulated, relabeled or possibly removed from the market. The agency will take comments on its proposal before finalizing it in coming months.

"Due to consumers' extensive exposure to the ingredients in antibacterial soaps, we believe there should be a clearly demonstrated benefit from using antibacterial soap to balance any potential risk," said Dr. Janet Woodcock, director of the FDA's drug center.

The agency's proposal comes more than 40 years after the agency was first tasked with evaluating triclosan and similar ingredients. Ultimately, the government agreed to publish its findings only after a three-year legal battle with the environmental group, Natural Resources Defense Council, which accused the FDA of delaying action on triclosan. The chemical is found in an estimated 75 percent of antibacterial liquid soaps and body washes sold in the U.S.

The FDA's preliminary rule only applies to personal hygiene products, but it has implications for a $1 billion industry that includes thousands of antibacterial products, including kitchen knives, toys, pacifiers and toothpaste.

Most of the research surrounding triclosan's safety involves animal studies, which cannot always be applied to humans. But some scientists worry the chemical can disrupt hormones in humans too, raising the risk of infertility, early puberty and other developmental problems. Other experts are concerned that routine use of antibacterial chemicals like triclosan is contributing to a surge in drug-resistant germs, or superbugs, that render antibiotics ineffective.

In March 2010, the European Union banned the chemical from all products that come into contact with food, such as containers and silverware.


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Michael Jordan's Illinois estate up for auction

HIGHLAND PARK, Ill. — Michael Jordan's 56,000-square foot home in suburban Chicago is up for auction.

Concierge Auctions says the sale will take place Monday. The company runs the sales of high-end real estate and features Jordan's Highland Park home north of Chicago on its website.

The former Chicago Bulls star's home has nine bedrooms, 15 full bathrooms, a pool pavilion and a regulation-size indoor basketball court. It also features what's been described as a "gentleman's retreat" complete with a library, full wet bar and the original doors from the Playboy Mansion in Chicago. It all sits on more than seven acres of land.

Jordan's home was originally listed at $29 million in early 2012.

Jordan now owns the Charlotte Bobcats.


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Court says health plan lawsuit cutoff legal

WASHINGTON — The Supreme Court says a contractual limit on suing over health plan benefits is legal.

The high court unanimously ruled against Julie Heimeshoff, who worked as a Wal-Mart senior public relations manager. She filed for long term disability benefits with Hartford Life & Accident Insurance Co., after being diagnosed with lupus and fibromyalgia in 2005 but was denied in 2007.

She sued in federal court for her benefits in 2010, but Hartford says her claim had to be filed within three years and she missed the time limit.

Heimeshoff said the Employee Retirement Income Security Act doesn't have a time limit but Justice Clarence Thomas said for the court that the contract is enforceable.

"A participant and a plan may agree by contract to a particular limitations period," Thomas said.


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