Halle Berry's ex arrested after fight at her house

LOS ANGELES (AP) — Halle Berry's ex-boyfriend Gabriel Aubry was arrested for investigation of battery Thursday after he and the Oscar-winning actress's current boyfriend got into a fight at her Hollywood Hills home, police said.

Aubry, 37, was booked for investigation of a battery, a misdemeanor, and released on $20,000 bail, according to online jail records. He's scheduled to appear in court Dec. 13.

Aubry came to Berry's house Thanksgiving morning and police responded to a report of an assault, said Los Angeles Police Officer Julie Boyer. Aubry was injured in the altercation and was taken to a hospital where he was treated and released.

Emails sent to Berry's publicist, Meredith O'Sullivan, and Aubry's family law attorney, Gary Fishbein, were not immediately returned.

Berry and Aubry have been involved in a custody dispute involving their 4-year-old daughter, Nahla. The proceedings were sealed because the former couple are not married. Both appeared in the case as recently as Nov. 9, but neither side commented on the outcome of the hearing.

Berry has been dating French actor Olivier Martinez, and he said earlier this year that they are engaged.

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Chicago shopping frenzy gets early start

Ambitious holiday shoppers skipped dessert on Thanksgiving to get a good spot in line for this Black Friday. (Posted Nov. 23rd, 2012)








They would not do it. They would not interrupt their Thanksgiving Day to shop.

In a form of subtle protest, several people who roamed Yorktown Shopping Center in Lombard as early as 4 a.m. started buying when they usually did -- on Friday morning -- and refused to give into retailers that opened their doors on Thursday evening.

"I boycotted anything midnight or earlier," said Chrissy Wojdyla, 29, of Downers Grove. "I will not shop there. I think it's ruining Thanksgiving tradition and infringing on my family." Moving Black Friday hours up to Thanksgiving, she added, "takes people away from their families." 

Instead, Wojdyla, her sister, Mary Steele, 26, and their mother, Patti Wojdyla, 54, dedicated their Thanksgiving Day to family and food, withholding themselves from any kind of shopping until they met at Yorktown at 4 a.m. Friday.

"Four a.m. is early enough!," said Patti, of Glen Ellyn. "Why would anyone want to do it on Thanksgiving evening? You're full. You're tired."

Steele, also of Glen Ellyn, said that caring for her young kids all day had made Thanksgiving too tiring to shop. 

Plus, she said, "when you start on Thanksgiving Day, it's not even Black Friday. We enjoy our 4 a.m. Friday tradition."

So they all got sleep on Thursday, ranging from 1 to 6 hours , and woke up to glam themselves out with glitter, tiaras and garland necklaces for their early morning of shopping. Steele wore a paper crown that read "Happy Holidays." |

For their efforts to keep with Yorktown's "bling" theme, Lynette Steinhauser, the assistant marketing director at the mall, rewarded them with $10 gift cards to Von Maur, which prompted a profusion of delighted thank-yous. 

Outside of J.C. Penney, Ramiro Carrizales, 44, waited with his wife, Lorena Carrizales, 40, in a seven-people-deep crowd for the store to open at 6 a.m.

They were looking for good clothing deals for their kids, specifically Mickey Mouse-themed items, but the couple, who lives in Forest Park, adamantly stuck to early Friday morning shopping hours instead of venturing out on Thursday evening. 

On Thanksgiving, said Ramiro, "I wanted to spend time with family. I didn't want to go out."

Post-Thanksgiving shopping also is a ritual for Elk Grove's Krys Slattery, Chris Duncker and Gina Wirth -- a decade-long tradition among friends.

Each year, they finish Thanksgiving dinner with their families and embark upon a 12-hour pilgrimage to knock-out the bulk of the Christmas shopping by visiting several stores in and around Woodfield Mall in Schaumburg. They power-up with coffee and breakfast at Panera and then wind-down the spree at Olive Garden for lunch. 

"We're constantly laughing," said Duncker.  "It's not just about the deals for us really, It's all about the experience, we love it," added Wirth. 

On Thanksgiving night they were in the Target on Higgins Road in Schaumburg.  Each with carts, a list and Target's "door buster" circular holding folded in their hands. All three giggled and called out to each other, squealing with delight when they spied a good deal.

After picking-up some blue sequined slippers for her teenage daughter, Slattery held them up for Wirth and Duncker to inspect.  "Do you think she'll like these?" she said.

This year Slattery was lucky. Target was opening earlier than ever -- at 9 p.m. so her mother cooked Thanksgiving dinner.

The trio weren't alone, the Target on Higgins Road in Schaumburg was swarmed, many pushing carts piled high with merchandise, from 50-inch televisions, to game consoles, tablet computers, MP3 players, apparel and cameras, which manager Brett Thiele said sold out in an hour.

The scene was similar at Yorktown Shopping Center in Lombard. 

Laura Maxey and six of her closest friends shrieked when they saw the black bags. They had carved out a spot in front of the information booth at Yorktown, standing for 5 1/2 hours at the head of a 250-person line, until the mall officially opened at 5 a.m. Friday and the staff began handing out goodie bags filled with multicolored totes and $10 gift cards to stores throughout the mall.

"We pretty much just slept over at the mall," said Laura, 14, of Lombard. "We wanted to be first."

Their parents had dropped the friends, plus two older brothers, off at the mall shortly before midnight, and they rushed to the booth to claim their spots -- only the first 200 people in line would receive gift bags, with another 50 turned away -- before taking turns to embark on a shopping rotation that included Victoria's Secret, American Eagle and PacSun. At Charlotte Russe, they picked up $15 jeans.

The friends said they were at the mall for the joy, the deals and the once-a-year feel of Black Friday, and they were hardly the only ones caught up in the retail frenzy.

"I got a suitcase thrown at my head!" said Melanie Malczewski, 14, of Lombard, recalling her experience at Victoria's Secret, though she was smiling broadly at the memory later that morning.

Lynette Steinhauser, assistant marketing director at Yorktown, said that this, her 14th Black Friday at the mall, "is the busiest it's ever been." About half of the stores had been open since midnight, she said, with nearly all the rest the turning on their lights when the mall officially opened at 5 a.m. Steinhauser compared the foot traffic at 5: 30 a.m. on Black Friday to what it feels like on a Saturday afternoon.

"Everyone is in a really happy mood," she said. "And festive!"

Black Friday, which for years kicked-off the holiday shopping season for retailers and consumers, has bled into Thanksgiving, with retailers including Target, Sears and Toys R US opening on Thursday night aiming to boost their bottom lines by enticing consumers to shop early and often.  



Holiday shopping is crucial for retailers -- it accounts for up to 40 percent of their yearly sales. That's why it's called "Black Friday" as for years they've used the day to go from red to black -- or turn a profit.  

This year, retail watchers are expecting holiday shoppers to oblige.  Consumers are expected to spend, on average, $586.1 billion this year on gifts for friends and family, just over a 4 percent increase from last year. Experts are saying this pick-up in spending is conservative, but a glimpse at popular hotspots for early Black Friday shopping, it wasn't apparent.  

This year a handful opened earlier than ever, Walmart set an 8 p.m. opening and Sears followed suit.  Target opted for an opening scheduled an hour later at 9 pm.

Despite some criticism around the increasingly early open times, shoppers in Schaumburg were out in full-force last night.  A Deloitte survey found that 60 percent of consumers plan to shop over Thanksgiving weekend, aiming to take part in sales that offer merchandise at prices the dip below 50 percent off. 

Experts said that this year, as in most years, low-priced flat screen televisions would move fast.  So would deeply discounted Android-powered tablet computers. 

The line to get into the Sears at Woodfield Mall stretched along the building by 7 p.m., an hour before opening time.  

Manager April Buehler said the line outside the store looked larger than last year, and about a mile away at Target, Thiele said this year the store was filled with more families, instead of the hardcore, deal-hunter that typically shows up when the store opens early on Friday morning.  "It's a lot more casual shopper, which I'm excited about," said Thiele. "It's not necessarily people that had to get up super early and be dedicated, just people going out with families. Grandparents and grandkids," he said. 

Carol and Russel Freitas fall into the deal-hunter category.  It's date night for the Palatine couple of 26 years when they head out to shop each year after dinner, leaving their two teenaged sons behind to tackle the stores.  They said they love it.

They waited patiently in line for more than an hour, hoping to snag one of Sears' hot door busters, a 32-inch flat screen for less than $100. 

As it turns out, they waited in vain.  By the time the store opened, they were in the first third of the line, but the Sears employee had run out of TV vouchers when she got to the Freitas' in line.  "It's okay," said Carol Freitas, "There's other stuff on our list, we're going to head to the boys' department to get shirts for my son."

Shortly before Sears opened, about 12 feet away from the Freitas, there was a small, but growing crowd of suspected "line jumpers,"  who stood about 12 feet away staring at the line.

At close to 9:30 at Target, some shoppers could be seen pushing carts stockpiled with 32 inch flat screen for $147.  Alex Gackle  from Fargo, N.D., left his grandmother's dinner with his dad and brother-in-law to buy  another of the Minneapolis-based retailer's most sought-after deals: They bought  four televisions. One for himself, another for his grandmother, one for her caretaker and the fourth for his father.  They waited in line for more than an hour and things were calm, said Gackle.  That changed when Target's doors opened, said Gackle. "That's when people started getting crazy and rushing toward things."

By 10:30 a long line of shoppers were still waiting to get inside the Toys R Us in Schaumburg.  Customers said they were told that shoppers would be allowed in the store every 10 minutes in increments of 50.

After 10 p.m. the temperature had dropped and Laura Saul stood in a sweater with her two daughters and their cousin to get into Toys R Us.  The item of the evening -- "Monster High" dolls for her 10-year-old daughter, Emily.  She pointed to Emily and said, giggling, "She conned us to do this."  Saul's old daughter, Lauren, who stood nearby, was not in such good spirits, "I could be sleeping," she said.

The trio from Elk Grove shopping at Target said over the years they've seen it all -- fights and shoving matches.  As the 10 p.m. hour approached at Target, they thought things were pretty calm.  At Target People get angry, but this is fun for us," said Wirth.  "Even if we don't get what we want, we don't care."

Erin Chan Ding contributed to this story.

crshropshire@tribune.com | Twitter: @corilyns






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Jackson resigns, cites 'shortcomings,' 'human frailties'

Chicago Tribune reporter Rick Pearson discusses the resignation of Rep. Jesse Jackson Jr. (D-Ill.). (Posted on: Nov. 21, 2012.)









Rep. Jesse Jackson Jr., the ambitious political heir to a powerful Chicago family whose once promising future collapsed amid federal ethics investigations and a diagnosis of mental illness, resigned Wednesday from the South Side congressional seat he held for 17 years.


Jackson's downfall represents perhaps the last major political casualty in the long-running corruption scandal that sent former Gov. Rod Blagojevich to prison in March on charges he tried to sell the Senate seat of President Barack Obama.


Jackson's political star was on the rise until allegations surfaced in late 2008 that his supporters offered to raise as much as $6 million for Blagojevich in return for the governor appointing him to the Senate seat vacated by the president-elect. Though Jackson was never charged in that case, a House ethics panel investigation into his actions was ultimately eclipsed by a federal criminal probe based in Washington, D.C., into alleged misuse of campaign dollars.








Jackson's resignation letter to House Speaker John Boehner, R-Ohio, was Jackson's first acknowledgment of the ongoing federal corruption investigation.


"I am doing my best to address the situation responsibly, cooperate with the investigators, and accept responsibility for my mistakes, for they are my mistakes and mine alone," Jackson said in the two-page letter. "None of us is immune from our share of shortcomings or human frailties, and I pray that I will be remembered for what I did right."


Jackson's Washington legal team, which recently added former federal prosecutor Dan Webb, a Chicago partner at Winston & Strawn LLP, indicated that while Jackson's political fate has been settled, there's more to come in a court of law.


"We hope to negotiate a fair resolution of the matter but the process could take several months," they said in the statement.


Despite admitting "my share of mistakes," Jackson said his deteriorating health — and treatment for bipolar depression — kept him from serving as a "full-time legislator" and was the reason for his resignation.


Jackson's decision to step down came little more than two weeks after his re-election to another two-year term despite a lack of campaigning. He disappeared from the public eye in June after taking a medical leave from the House for what aides had initially described as exhaustion.


Jackson formed a political tag-team with his wife, Ald. Sandi Jackson, 7th, who over the years has received hundreds of thousands of dollars as a paid political consultant to her husband. Despite her role on the City Council, the couple maintained an upscale home in Washington and sent their children to school there. Sandi Jackson has refused to discuss her husband's political future or the investigation into his campaign spending. She could not immediately be reached for comment Wednesday.


Jackson's resignation immediately launched a field of possible successors —to be nominated and elected in special elections early next year — that could involve more than a dozen Democratic contenders, some of them political has-beens and others up-and-comers representing a new generation of leadership.


Under state law, Gov. Pat Quinn has five days to set dates for primary and general elections, which must be held by mid-March.


Some Democrats quickly offered to broker a nominee to avoid several African-American contenders splitting the vote in the heavily Democratic and majority black 2nd Congressional District, which could allow a white candidate to win. The district stretches from the South Side through the suburbs and as far as Kankakee.


Jackson's decision to leave office brought to an end a monthslong, consuming political game over the 47-year-old congressman's ability to serve his constituents.


In the congressman's public absence during the re-election campaign, both his father, civil rights leader the Rev. Jesse Jackson Sr., and Sandi Jackson sought to maintain the family's political power by offering generic statements about his health, thanking voters for their prayers and promising a return to Congress when his health permitted.


Ald. Carrie Austin, 34th, whose far South Side ward is in Jackson's district, said she wasn't surprised Jackson stepped down but was disappointed with him for misleading his constituents.


"He's lost the love and concern of the residents in his district," Austin said. "We gave him the benefit of the doubt because of his sickness, and it didn't have anything to do with that."


Jackson was first elected to Congress in 1995 in a special election to replace former Rep. Mel Reynolds, who was convicted on charges including sexual misconduct with a 16-year-old campaign aide and federal bank fraud.


In Washington, Jackson steadily moved up the ladder in a legislative chamber where seniority is a valued commodity to become Illinois' lone representative on the powerful House Appropriations Committee.


At home, he began building a local political organization in the South Side and south suburbs, an operation which successful supplanted the once powerful Shaw brothers, twins Bill and Bob, who held various posts.





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Samsung wins U.S. court order to access Apple-HTC deal details

SAN FRANCISCO (Reuters) - A U.S. judge has ordered Apple Inc to disclose to rival Samsung Electronics details of a legal settlement the iPhone maker reached with Taiwan's HTC Corp, including terms of a 10-year patents licensing agreement.


The Korean electronics giant had earlier filed a motion to compel its U.S. rival -- with whom it is waging a bitter legal battle over mobile patents across several countries -- to reveal details of the settlement that was reached on November 10 with HTC but which have been kept under wraps.


In August, the iPhone maker won a $1.05 billion verdict against Samsung after a U.S. jury found that certain Samsung gadgets violated Apple's software and design patents.


Now, legal experts say the question of which patents are covered by the Apple-HTC settlement, and licensing details, could be instrumental in Samsung's efforts to thwart Apple's subsequent quest for a permanent sales ban on its products.


The Asian company has argued it is "almost certain" that the HTC deal covers some of the same patents involved in its own litigation with Apple.


The court on Wednesday ordered Apple to produce a full copy of the settlement agreement "without delay", subject to an Attorneys-Eyes-Only designation.


Representatives for the U.S. company could not immediately be reached for comment.


Samsung also requested the California court to add three newly released Apple products -- the iPod Touch 5, the iPad 4 and the iPad mini -- to the list of devices that it claims to have infringed on some of its patents, according to court documents.


The settlement of Apple and HTC ended their worldwide litigation and brought to a close one of the first major flare-ups in the global smartphone patent wars.


Apple first sued HTC in 2010, setting in motion a legal conflagration that has since circled the globe and engulfed the biggest names in mobile technology, from Samsung to Google Inc's Motorola Mobility unit.


(Reporting By Edwin Chan; Additional reporting by Miyoung Kim in SEOUL; Editing by Muralikumar Anantharaman)


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Texans playing Lions for a spot in the playoffs

DETROIT (AP) — The Houston Texans have put themselves in a position to be the NFL's first team to seal a spot in the playoffs and to move a step closer toward earning home-field advantage in the AFC.

Houston (9-1) has won four straight and is 4-0 on the road this season, giving the Texans a great shot to be in consecutive postseasons for the first time.

"It shows the progress we've made," said tight end Owen Daniels, who has been with the franchise for seven of its 11 years of existence. "A few years ago, it took us until the end of the season to get that ninth win. We're at that ninth win already.

"We're trying to stack 'em up, but it's good that those are possibilities this early in the season."

Houston needs to win at Detroit (4-6) on Thursday and have a handful of teams lose, or tie, to earn a postseason bid by the end of the weekend.

The Lions, meanwhile, will have to pull off a string of upsets against a slew of good teams to reach the franchise's goal of making it to consecutive postseasons for the first time since the mid-1990s.

Just when it looked like Detroit was living up to the hype generated with last year's breakout season by winning three of four games to climb back .500 earlier this month, the Lions lost two in a row. And that has made last season seem more like an aberration than the start of successful run for a floundering franchise that hit rock bottom in 2008 as the NFL's first 0-16 team.

"We're not thinking about playoffs or anything else," Lions coach Jim Schwartz said. "We're thinking about the Houston Texans and that's plenty for us to think about right now."

Like all good teams, the Texans have proven they can win even when they don't play well.

Houston trailed the lowly Jacksonville Jaguars last week at home by 14 points in the fourth quarter before rallying for a 43-37 win in overtime.

The Texans' defense, which has been among the NFL's best all year, struggled until it made stops when they were needed. It didn't hurt that quarterback Matt Schaub and receiver Andre Johnson had career-best games.

Schaub connected on 43 passes for 527 yards passing, both totals tying for second most in league history, and Johnson set a personal best with 273 yards receiving. His franchise-record fifth touchdown pass was a screen to Johnson, who did the rest on a 48-yard score for the game-winner.

"You just never know in this league week to week what kind of game you're going to be in and we got caught in a shootout type of game with a lot of offense," Houston coach Gary Kubiak said. "We were fortunate enough to find a way to win."

Detroit did enough to lose 24-20 to the Green Bay Packers last week at home, where it had plenty of opportunities to get a much-needed win. The Lions' woes were made worse by a significant injury and distraction.

Left tackle Jeff Backus couldn't finish the first half because of a hamstring injury, which seemed to be in his right leg, and his 186-game starting streak that includes every game of his career is expected to end Thursday.

"It's hard to replace a rock that's been there for 12 years," said veteran center Dominic Raiola. "It's just different without him out there."

Detroit drafted Riley Reiff with the 23rd pick overall this year, planning to groom him as player to eventually replace Backus. The rookie might have to take on defensive end J.J. Watt, who ranks among NFL leaders with 11½ sacks and leads all defensive linemen in the league with 11 passes defended.

Houston, though, won't have to worry about No. 2 receiver Titus Young taking advantage of one-one-one coverage because the Lions announced Monday he would be inactive because of his "unacceptable" behavior during the game against the Packers.

"When you're a player, it's your job to make the team happy," Schwartz said. "It's not the team's job to make you happy."

Lions fans have not been happy when it comes to Thanksgiving Day results.

Detroit has lost a franchise-record eight straight on the holiday — by an average of three-plus touchdowns — and has only one victory in the last 11 games in its annual showcase after winning nine of 12 games from 1989-2000.

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Online: http://pro32.ap.org/poll and http://twitter.com/AP_NFL

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Follow Larry Lage on Twitter: http://twitter.com/larrylage

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Study finds mammograms lead to unneeded treatment

Mammograms have done surprisingly little to catch deadly breast cancers before they spread, a big U.S. study finds. At the same time, more than a million women have been treated for cancers that never would have threatened their lives, researchers estimate.

Up to one-third of breast cancers, or 50,000 to 70,000 cases a year, don't need treatment, the study suggests.

It's the most detailed look yet at overtreatment of breast cancer, and it adds fresh evidence that screening is not as helpful as many women believe. Mammograms are still worthwhile, because they do catch some deadly cancers and save lives, doctors stress. And some of them disagree with conclusions the new study reached.

But it spotlights a reality that is tough for many Americans to accept: Some abnormalities that doctors call "cancer" are not a health threat or truly malignant. There is no good way to tell which ones are, so many women wind up getting treatments like surgery and chemotherapy that they don't really need.

Men have heard a similar message about PSA tests to screen for slow-growing prostate cancer, but it's relatively new to the debate over breast cancer screening.

"We're coming to learn that some cancers — many cancers, depending on the organ — weren't destined to cause death," said Dr. Barnett Kramer, a National Cancer Institute screening expert. However, "once a woman is diagnosed, it's hard to say treatment is not necessary."

He had no role in the study, which was led by Dr. H. Gilbert Welch of Dartmouth Medical School and Dr. Archie Bleyer of St. Charles Health System and Oregon Health & Science University. Results are in Thursday's New England Journal of Medicine.

Breast cancer is the leading type of cancer and cause of cancer deaths in women worldwide. Nearly 1.4 million new cases are diagnosed each year. Other countries screen less aggressively than the U.S. does. In Britain, for example, mammograms are usually offered only every three years and a recent review there found similar signs of overtreatment.

The dogma has been that screening finds cancer early, when it's most curable. But screening is only worthwhile if it finds cancers destined to cause death, and if treating them early improves survival versus treating when or if they cause symptoms.

Mammograms also are an imperfect screening tool — they often give false alarms, spurring biopsies and other tests that ultimately show no cancer was present. The new study looks at a different risk: Overdiagnosis, or finding cancer that is present but does not need treatment.

Researchers used federal surveys on mammography and cancer registry statistics from 1976 through 2008 to track how many cancers were found early, while still confined to the breast, versus later, when they had spread to lymph nodes or more widely.

The scientists assumed that the actual amount of disease — how many true cases exist — did not change or grew only a little during those three decades. Yet they found a big difference in the number and stage of cases discovered over time, as mammograms came into wide use.

Mammograms more than doubled the number of early-stage cancers detected — from 112 to 234 cases per 100,000 women. But late-stage cancers dropped just 8 percent, from 102 to 94 cases per 100,000 women.

The imbalance suggests a lot of overdiagnosis from mammograms, which now account for 60 percent of cases that are found, Bleyer said. If screening were working, there should be one less patient diagnosed with late-stage cancer for every additional patient whose cancer was found at an earlier stage, he explained.

"Instead, we're diagnosing a lot of something else — not cancer" in that early stage, Bleyer said. "And the worst cancer is still going on, just like it always was."

Researchers also looked at death rates for breast cancer, which declined 28 percent during that time in women 40 and older — the group targeted for screening. Mortality dropped even more — 41 percent — in women under 40, who presumably were not getting mammograms.

"We are left to conclude, as others have, that the good news in breast cancer — decreasing mortality — must largely be the result of improved treatment, not screening," the authors write.

The study was paid for by the study authors' universities.

"This study is important because what it really highlights is that the biology of the cancer is what we need to understand" in order to know which ones to treat and how, said Dr. Julia A. Smith, director of breast cancer screening at NYU Langone Medical Center in New York. Doctors already are debating whether DCIS, a type of early tumor confined to a milk duct, should even be called cancer, she said.

Another expert, Dr. Linda Vahdat, director of the breast cancer research program at Weill Cornell Medical College in New York, said the study's leaders made many assumptions to reach a conclusion about overdiagnosis that "may or may not be correct."

"I don't think it will change how we view screening mammography," she said.

A government-appointed task force that gives screening advice calls for mammograms every other year starting at age 50 and stopping at 75. The American Cancer Society recommends them every year starting at age 40.

Dr. Len Lichtenfeld, the cancer society's deputy chief medical officer, said the study should not be taken as "a referendum on mammography," and noted that other high-quality studies have affirmed its value. Still, he said overdiagnosis is a problem, and it's not possible to tell an individual woman whether her cancer needs treated.

"Our technology has brought us to the place where we can find a lot of cancer. Our science has to bring us to the point where we can define what treatment people really need," he said.

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Online:

Study: http://www.nejm.org/doi/full/10.1056/NEJMoa1206809

Screening advice: http://www.uspreventiveservicestaskforce.org/uspstf/uspsbrca.htm

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Marilynn Marchione can be followed at http://twitter.com/MMarchioneAP

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Chevy Chase is leaving NBC's sitcom 'Community'

LOS ANGELES (AP) — The NBC series "Community" will finish the season without Chevy Chase.

Sony Pictures Television said Wednesday that the actor is leaving the sitcom by mutual agreement with producers.

His immediate departure means he won't be included in the last episode or two of the show's 13-episode season, which is still in production.

Chase had a rocky tenure playing a bored and wealthy man who enrolls in community college. The actor publicly expressed unhappiness at working on a sitcom and feuded last year with the show's creator and former executive producer, Dan Harmon.

The fourth-season premiere of "Community" is Feb. 7, when it makes a delayed return to the 8 p.m. EST Thursday time slot. The show's ensemble cast includes Joel McHale and Donald Glover.

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Judge to let Hostess liquidation proceed









Hostess Brands Inc. on Wednesday won permission from a U.S. bankruptcy judge to begin shutting down, and expressed optimism it will find new homes for many of its iconic brands, which include Twinkies, Drake's cakes and Wonder Bread.

U.S. Bankruptcy Judge Robert Drain in White Plains, New York authorized management, led by restructuring specialist Gregory Rayburn, to immediately begin efforts to wind down the 82-year-old company, a process expected to take one year.






"It appears clear to me that the debtors have taken the right course in seeking to implement the wind-down plan as promptly as possible," Drain said near the end of a four-hour hearing.

The judge authorized Hostess to begin the liquidation process one day after his last-ditch mediation effort between the Irving, Texas-based company and its striking bakers' union broke down.

Roughly 15,000 workers were expected to lose their jobs immediately, and most of the remaining 3,200 would be let go within four months.

"This is a tragedy, and we're well aware of it," Heather Lennox, a lawyer for Hostess, told the judge. "We are trying to be as sensitive as we can possibly be under the circumstances to the human cost of this."

Lennox said Hostess has received a "flood of inquiries" from potential buyers for several brands that could be sold at auction, and expects initial bidders within a few weeks.

Joshua Scherer, a partner at Perella Weinberg Partners, which is advising Hostess, said the company was in "active dialogue" over its Drake's brand with one "very interested" party that had toured a New Jersey plant on Tuesday.

He said that regional bakeries, national rivals, private equity firms and others have also expressed interest in various brands and that more than 50 nondisclosure agreements have been signed.

"These are iconic brands that people love," Scherer said.

While prospective buyers were not identified at the hearing, bankers have said rivals including Flowers Foods Inc. and Mexico's Grupo Bimbo SAB de CV were likely to be interested in some of the brands.

Representatives of neither company responded on Wednesday to requests for comment.

Scherer said Hostess could be worth $2.3 billion to $2.4 billion in a normal bankruptcy, an amount equal to its annual revenue. It also has about $900 million of secured debt and faces up to about $150 million of administrative claims.

Scherer expects a discount in this case because plants have already been closed and Hostess' value could fall further if the liquidation were dragged out.

"I've had buyers tell me, 'Josh, the longer it takes, the less value I'm going to be able to pay you,' " he said.

Hostess decided to liquidate on Nov. 16, saying it was losing about $1 million per day after the Bakery, Confectionery, Tobacco and Grain Millers Union, representing close to one-third of its workers, went on strike a week earlier.

The bakers union walked out after Drain authorized Hostess to impose pay and benefit cuts, which the International Brotherhood of Teamsters, Hostess' largest union, had accepted.

Hostess has about 33 plants, plus three it decided to close after the strike began, as well as 565 distribution centers and 570 bakery outlet stores.

Many of the 3,200 workers expected to stay on will help shut these properties and prepare them for sale. Hostess expects to need only about 200 employees by late March.

Rayburn, a former chief restructuring officer for the bankrupt phone company WorldCom Inc., said that letting 15,000 workers go now helps preserve their ability to obtain unemployment benefits.

"I need to maximize the value of the estate, but I need to do the best I can for my employees," he said.

Hostess filed for Chapter 11 protection on Jan. 11, its second bankruptcy filing in less than three years.

The case is In re: Hostess Brands Inc. et al, U.S. Bankruptcy Court, Southern District of New York, No. 12-22052.

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Cameras in courtroom for arraignment of Naperville sitter









The public got its first look this morning at a Naperville woman since her arrest in the stabbing deaths of her 7-year-old son and a 5-year-old girl she was babysitting.

Cameras were allowed inside a DuPage County courtroom as a handcuffed Elzbieta Plackowska stood before a judge and her attorney entered a plea of not guilty for her.

Plackowska, dressed in dark blue jail fatigues, said nothing and looked straight ahead as her attorney entered the plea to charges that she killed her son, Justin, 7, and Olivia Dworakowski, 5. The hearing was over in about 5 minutes, and Plackowska calmly walked out of the courtroom, escorted by deputies.


One video camera and one photographer were allowed in the courtroom.  Plackowska’s arraignment was the first recorded court hearing in the six-county area. The county’s experiment won’t cover all the angles, at least the first time.


Agreeing with a suggestion from Plackowska attorney Michael Mara, Judge Robert Kleeman said Tuesday that he wouldn’t allow photographers near the witness box for the arraignment, as planned.





Their presence — about eight feet to the judge’s left and within the field of vision of the judge, court reporter and lawyers — could affect the proceeding, Kleeman said.


“Putting a camera in that position will be distracting,” the judge said.


Kleeman said he would allow two photographers — one still photographer and one video operator — to be positioned next to the jury box. The spot is farther from the bench and not within any of the participants’ peripheral vision.


From that vantage, Plackowska, her attorney and prosecutors will have their backs to the cameras as they stand before Kleeman.


However, the photographers should be able to capture images of the defendant as she enters the courtroom from the adjacent holding area.


Kleeman’s order applies only to Wednesday’s proceeding.  Other judges could opt to allow the two sets of photographers in future cases where extended media coverage has been requested, DuPage court officials said.


Earlier this year, the Illinois Supreme Court authorized a pilot program to study the issue and about two dozen counties are participating.


Plackowska, 40, has been held without bond in the DuPage County Jail since her arrest Oct. 30. She was indicted on 10 counts of first-degree murder in the stabbing of her son dozens of times, allegedly because she was unhappy in her relationship with her husband.


Olivia, whom Plackowska was baby-sitting, was stabbed to death because she witnessed the boy’s slaying, prosecutors said.


Plackowska also was charged with two counts of aggravated cruelty for killing two family dogs in the attack, which took place in the Naperville town house of Dworakowski’s mother, authorities said.


chicagobreaking@tribune.com





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In HP-Autonomy debacle, many advisers but little good advice

(Reuters) - When Hewlett Packard acquired Autonomy last year for $11.1 billion, some 15 different financial, legal and accounting firms were involved in the transaction -- and none raised a flag about what HP said Tuesday was a major accounting fraud.


HP stunned Wall Street with the allegations about its British software unit and took an $8.8 billion writedown, the latest in a string of reversals for the storied company.


HP Chief Executive Meg Whitman, who was a director at the company at the time of the deal, said the board had relied on accounting firm Deloitte for vetting Autonomy's financials and that KPMG was subsequently hired to audit Deloitte.


HP had many other advisers as well: boutique investment bank Perella Weinberg Partners to serve as its lead adviser, along with Barclays. Banking advisers on both sides of the deal were paid $68.8 million, according to data from Thomson Reuters/Freeman Consulting.


Barclays pocketed the biggest banker fee of the transaction at $18.1 million and Perella was paid $12 million. The company's legal advisers included Gibson, Dunn & Crutcher; Freshfields Bruckhaus Deringer; Drinker Biddle & Reath; and Skadden, Arps, Slate, Meagher & Flom, which advised the board.


On Autonomy's side of the table were Frank Quattrone's Qatalyst Partners, which specializes in tech deals and which picked up $11.6 million.


UBS, Goldman Sachs, Citigroup, JPMorgan Chase and Bank of America were also advising Autonomy and were paid $5.4 million each. Slaughter & May and Morgan Lewis served as the company's legal advisers.


While regulators in the United States and the United Kingdom, as well as the Federal Bureau of Investigation, are likely to spend many months if not years investigating what happened, legal experts said on Tuesday that it wasn't clear if any of the advisers would ultimately be held liable.


"The most logical deep pocket would be the acquired firm's auditors, who should have allegedly caught these defalcations," said James Cox, a professor at Duke University law school who specializes in corporate and securities law. Since both auditors missed the problems and it appeared to have taken HP a while to catch it after it took over Autonomy, the auditors may have a strong defense.


"You can have a perfectly sound audit and still have fraud exist," he said. A Deloitte UK spokesman said the company could not comment and would cooperate with any investigations.


The law firms and the bankers will likely argue that they were not hired to review the bookkeeping and had relied on the opinion of the auditors, securities law experts said.


Multiple sources with knowledge of the HP-Autonomy transaction added that the big-name banks on Autonomy's side were brought in days before the final agreement was struck. These sources said the banks were brought on as favors for their long relationships with the companies, in a little-scrutinized Wall Street practice of crediting -- and paying -- investment banks that actually have little do with the deal.


LAWSUITS, REPUTATIONS AT STAKE


Plaintiffs lawyers said they were taking calls from investors about HP on Tuesday. Darren Robbins, a San Diego-based plaintiff lawyer who represents shareholders, said the tech icon appears to have spent billions on a shoddy company without undertaking the proper due diligence, and thus misrepresented its finances to investors.


"I think they have serious troubles," he said.


But plaintiff lawyers may have difficulty bringing so-called derivative lawsuits against professional services firms, said Brian Quinn, an M&A professor at Boston College Law School. In those cases, plaintiff lawyers can sue third parties, such as auditors, on behalf of HP -- but they must convince a judge that HP's board is unfit to pursue those claims itself. In this situation, though, HP's board disclosed the alleged fraud itself, Quinn said.


Even if the bankers and lawyers escape any legal problems, they could suffer a reputational hit. The scrutiny could be particularly unwelcome for Perella Weinberg: the firm advised Japanese camera maker Olympus' acquisition of British Gyrus -- a transaction that prompted investigations in the United States, United Kingdom and Japan into fees and payments made by Olympus.


Olympus had hired Perella to execute the transaction, which included a fee paid to "advisers" of $687 million - way beyond the usual scale for a transaction valued at only $2 billion. Perella was not implicated in the matter.


Meanwhile, the most controversial banker involved in the HP-Autonomy deal, Frank Quattrone of Qatalyst, represented Autonomy and played a key role in getting HP to pay a high price.


A star investment banker in the 1990s, Quattrone had worked at Morgan Stanley, Deutsche Bank and Credit Suisse, and helped arrange some of the biggest tech initial public offerings of the era, including Amazon.com Inc and Cisco Systems Inc.


But his time at the top of Silicon Valley was curtailed by charges that he blocked an investigation into IPO kickbacks. After two trials failed to resolve his case, he ultimately reached a deal with prosecutors.


His return to the Silicon Valley M&A scene has impressed many in the tech world.


"His reputation is at an all-time high right now," said Dan Scheinman, the former head of mergers and acquisitions at Cisco who has worked with Quattrone on several deals.


Analysts almost uniformly deemed the $11.1 billion he got HP to pay for Autonomy as overly rich -- a compliment to him at the time, but possibly a hollow success if HP's allegations prove true.


(Reporting By Nadia Damouni and Nicola Leske in New York and Andrew Callus in London. Additional reporting by Dan Levine in San Francisco.; Editing by Peter Lauria, Jonathan Weber, Muralikumar Anantharaman, Janet McBride)


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