Walmart vs. Walmart






Cindy Murray has been working at Walmart store No. 1985 in Laurel, Md., for 13 years. She’s stationed in the fitting rooms and earns $ 12.40 an hour. Murray, who’s in her fifties, says she loves her job. She thinks of herself as a model employee. She also helped start OUR Walmart, or Organization United for Respect at Walmart, the group of employees who defied one of the most powerful companies in America by holding protests at about 1,000 stores on the busiest day of the year for retailers. OUR Walmart says it has at least 4,000 members. The protests, on the Friday after Thanksgiving, involved about 500 of them, as well as many thousands of others sympathetic to their cause. Murray and her colleagues are asking Wal-Mart Stores (WMT) for more full-time jobs with predictable schedules instead of part-time work with hours that can change every three weeks—and wages that can provide their families a decent life. They also want respect.


ff948  feature walmart51  03  inline405 Walmart vs. WalmartPhotograph by Christopher Leaman for Bloomberg BusinessweekOUR Walmart member Cindy Murray in Maryland






On the morning of Nov. 23, instead of going to work, Murray put on her bright green OUR Walmart T-shirt and boarded a bus provided by the United Food and Commercial Workers Union, which has tried and failed to unionize Walmart associates for more than a decade. “Walmart isn’t on a good path, and someone needs to stand up and speak out,” says Murray. “But we always have fear inside of us, too.” They weren’t sure how many police would be present or if shoppers would support them. They weren’t sure if afterward their hours would be cut or if managers would make their lives difficult. None of them could afford to lose their jobs.


Murray was one of several hundred people, employees and activists and community leaders, who met at a store in nearby Hanover, Md. She helped lead chants, including “Stand up! Live better!” a play on Walmart’s slogan, “Pay less, live better.” They sang and marched for a couple of hours, then moved on to another store. At 7 a.m. on Saturday, she punched in for her regular shift.


Walmart is the largest private employer in the U.S., with nearly 1.4 million workers in 4,602 stores. The company operates in 26 other countries, employing an additional 780,000 people. Its efficiency, in stores and throughout its supply chain, has remade the retail industry. When Walmart decides to sell mortgages, local produce, or compact fluorescent light bulbs, the effects ripple through the economy. So do its decisions about workers’ schedules, wages, and benefits. With revenue of $ 464 billion over the past year, it’s the biggest company in the U.S.


As it has expanded, Walmart has been vilified by activists and watchdog groups who say the company’s relentless growth has come at the expense of its workers, the environment, and the law. Since 2005 it has agreed to pay about $ 1 billion in damages in six different cases related to unpaid work. The U.S. Department of Justice and the Securities and Exchange Commission are investigating allegations of corruption by company executives in its Mexican subsidiary, Walmart’s biggest, and a potential coverup by executives at its headquarters in Bentonville, Ark. Walmart says it’s cooperating with the investigations and is conducting its own internal investigation and review.


Last month more than 100 workers died in a fire at a factory in Bangladesh that was sewing clothes for several retailers, including Walmart. The company says it was unaware its supplier had sent work to the factory and has fired the firm. According to Bloomberg News, the previous year Walmart had declined to sign an agreement among retailers to pay their suppliers to improve safety conditions at Bangladeshi factories. Walmart said it would be too expensive.


Walmart has survived labor fights before. But Murray and a core group of about 100 employees—along with the largest union of retail employees in the country and a branding firm founded by a top adviser to President Obama—are the architects of what may prove to be the most potent challenge yet. Crucially, the thousands of associates who have joined OUR Walmart say they’re not agitating for legal recognition or collective bargaining rights; unlike previous efforts, they’re not trying to unionize. They say they want to make Walmart a better place to work and shop. “It’s a cause that affects every American,” says Murray.


There’s also growing financial pressure. Walmart wants to expand into big cities where its size and power are controversial. Elected officials, community leaders, and residents often see the company as a disruptive economic force and a socially dubious one as well. “A business case can be made that it would be smart for them to figure out a way to improve the situation for their workers so that OUR Walmart is an ally, not an opponent,” says Ken Jacobs, chairman of the University of California at Berkeley Labor Center. Or it could continue to dismiss OUR Walmart as a small group of disgruntled associates who speak only for themselves and their union backers. Despite the organization’s success in attracting attention to the Black Friday strikes, less than one-tenth of 1 percent of the company’s U.S. workforce participated. What’s certain is that Walmart’s management is facing a new kind of unrest at a time when it’s already vulnerable. Says Julius Getman, a labor law professor at the University of Texas School of Law: “This is a battle for the soul of Walmart’s workforce.”


Walmart has been opposed to unions since Sam Walton opened his first store in Rogers, Ark., in 1962. These days, “we have human resources teams all over the country who are available to talk to associates, and we will get questions about joining a union,” says David Tovar, a spokesman for the company. “We would say: ‘Let us remind you of all that Walmart offers, and of what might go away. Quarterly bonuses might go away, vacation time might go away.’ ”


Tovar says the company is proud of the jobs it offers, that its benefits are affordable and comprehensive, and that there are plenty of opportunities for associates to advance. Walmart has more employees working full-time than its competitors do, he says, and a lower turnover rate. “The suggestion that the issues OUR Walmart is raising are widespread or representative of any sizable number of associates is ludicrous,” he says. “We know this because we have hard data. And we know this because our managers and executives are in our stores every day asking associates questions. They believe what they’re getting at Walmart is a good deal.”


In a rare public appearance at the Council on Foreign Relations in New York on Dec. 11, Walmart Chief Executive Officer Mike Duke, interviewed by Bloomberg LP CEO Daniel Doctoroff, dismissed the idea of a rift between Walmart’s employees and management. “The characterization is not always accurate,” he said. “This tension for me is not a tension.”


Murray’s campaign started six years ago. Backed by the UFCW, and a coalition it called “Wake Up Walmart,” Murray tried to get workers in her store to join the union. She didn’t get far. “We knew we had to do something different this time,” she says. “The organization had to be made by associates and for associates so they would feel more free to join.”


Organizers at the UFCW felt the same way. In 2010 the union hired a veteran labor leader, Dan Schlademan, to be the director of “Making Change at Walmart,” a campaign it had just launched. “We needed to build something new,” says Schlademan. He connected with Murray and a few other Walmart employees and then turned to ASGK Public Strategies, the media and branding firm started by David Axelrod, a senior political adviser to President Obama. (Axelrod had sold his stake by 2010.) “There is a permanent political campaign around the legitimacy of Walmart on both sides,” says Nelson Lichtenstein, a history professor at the University of California at Santa Barbara and author of The Retail Revolution: How Wal-Mart Created a Brave New World of Business. “Walmart hires operatives who are in and out of political campaigns. Unions enlist the hottest political consultants around.”


On its side, Walmart had Leslie Dach, who had been a strategist in several Democratic campaigns and a vice chairman at public-relations firm Edelman. Dach was hired in 2006 in part to improve the company’s reputation, especially with liberal politicians and shoppers. By 2010 the company had reduced waste and energy use, tried to offer more affordable health insurance, and had supported Obamacare. At an analysts’ meeting that October, Dach said: “I think the numbers clearly show that customers and elected officials like us better. … And that makes it easier for us to site stores, makes it easier for us to stay out of the public limelight when we don’t want to be there.”


In the fall of 2010, ASGK began conducting opinion research about how to effectively reach Walmart employees. The firm declined to comment on its work, but as a former executive described it, they realized that buying an ad on Facebook (FB) would allow them to target users who had identified themselves as Walmart employees. There were about 150,000 of them. Then ASGK asked the employees to rate themselves according to how committed they were to Walmart. It focused on the group in the middle: dedicated employees with a couple of complaints. Chief among them was that they weren’t treated with respect by their managers. Second was their pay.


“ASGK was good at getting to the heart of what really was important to people,” says Schlademan. The firm helped name the movement and craft a logo that looks like the OK hand sign. “Three employees have it tattooed on their arms,” he says.


OUR Walmart had a brand. Now it needed more leaders. Maggie Van Ness was an overnight stocker at store No. 1563 in Lancaster, Calif., when she heard about the group from a UFCW representative. In the fall of 2010, Van Ness and another employee began holding meetings at a cafe every Friday, telling their co-workers about the new movement. For a couple of months, they went to the Los Angeles union hall every other week for training. “The union was very good at teaching us what we could and couldn’t do,” says Van Ness, who left the company earlier this year for health reasons. “They stood behind us and pushed in the right direction.”


ff948  feature walmart51  02  inline405 Walmart vs. WalmartPhotograph by Ryan Lowry for Bloomberg BusinessweekOUR Walmart member Mary Pat Tifft in Wisconsin


Mary Pat Tifft, from store No. 1167 in Kenosha, Wis., joined the organization in the spring of 2011 and quickly emerged as an effective spokeswoman. Tifft, who’s 57, has worked for Walmart for almost 25 years. She says she was a contented employee until 2005, when union organizers got hold of a memo from a Walmart executive to the board of directors. The memo proposed ways to hold down spending on health care and other benefits without damaging Walmart’s reputation. It suggested capping pay, discouraging unhealthy people from applying, and expressed the company’s frustration that workers with seniority made more than new employees but were no more productive. “Reading that tells you how they feel about associates,” says Tifft. “It was degrading.” Tifft makes $ 19.96 an hour, the most she can earn without moving into management, which doesn’t interest her. Others in her store don’t make enough to support themselves, she says, and rely on the local food pantry that Walmart takes pride in contributing to. “Everyone always banked on the fact that Walmart would have your best interests at heart. But it’s not true,” she says.


In June 2011, OUR Walmart made its debut. At the UFCW’s expense, Murray, Van Ness, and Tifft, along with 97 other associates, traveled to Walmart’s headquarters a couple of weeks after the company’s annual shareholder meeting. They wrote a 12-point declaration that asked for wages and benefits that ensured no associate would have to rely on government assistance. They also called for dependable schedules, expanded health-care coverage, and the freedom to speak up without facing retaliation. In the parking lot, they presented the document to Karen Casey, the senior vice president for global labor relations. “It was really scary,” says Murray. “I think the executives were just as shocked as we were. Walmart heard us, but they didn’t listen.”


ff948  feature walmart51  04  inline405 Walmart vs. WalmartPhotograph by Ryan LowryOUR Walmart protesters take part in a Black Friday demonstration in Chicago


The Bentonville trip was the first time many OUR Walmart members met face to face. “I was so taken aback listening to other associates’ stories,” says Tifft. “It made me want to speak louder.” The first discussion about holding protests on a Black Friday began then. At a hotel conference room, Schlademan set up computers for associates to learn how to use Facebook to stay in touch and reach other potential members.


During the next year, union organizers and employee leaders worked on recruitment. Van Ness says she signed up 25 employees at her store, about 10 percent of the staff. Murray says there are 40 members at her store, though most are silent. Monthly dues are $ 5.


OUR Walmart returned to Bentonville in June 2012 for the annual meeting, which coincided with Walmart’s 50th anniversary. The group had proposed a shareholder resolution calling for greater disclosure about incentive pay for executives, spurred by allegations in the New York Times that top executives in Bentonville covered up evidence from Walmart’s own investigation into accusations of bribery in Mexico. Schlademan had found experts to help Tifft and three others, all shareholders, craft the resolution. Then he got them a lawyer when Walmart tried to have it removed from the ballot.


In front of about 16,000 people, Proposal 6 was read aloud: “We have cut costs too far, stores are understaffed and associates cannot provide customers the service that Sam Walton built the company on and that we are proud to provide. … Sam Walton said, ‘Listen to your associates, they are your best idea generators.’… There has to be a new relationship based on honesty, based on trust, based on respect.” The auditorium was full of cheers; Tifft looked stunned. The resolution, supported by Institutional Shareholder Services, a leading proxy advisory group, won about 9 percent of the vote. The Walton family controls almost half of the shares in the company.


As the holiday shopping season approached, several dozen employees at warehouses that serve Walmart walked off the job in California and Illinois to protest what they said were poor working conditions. Then, in early October, OUR Walmart staged its first strike, in Pico Rivera, Calif. From there, some members went to Bentonville for the annual meeting for analysts. They stood in the parking lot, chanting: “We do not get enough hours. We cannot take care of our families.” Later, Colby Harris, who’s 22 and works in the produce department in a Walmart in Lancaster, Tex., led a dozen or so people to Walmart’s first store. The group collected water jugs, buckets, trash cans, cooking utensils. They found a rhythm and began chanting, “What do we want? Respect! When do we want it? Now!” Says Harris: “I think we caught the managers off guard. It was exhilarating.”


ff948  feature walmart51  01  inline405 Walmart vs. WalmartPhotograph by Ryan Lowry for Bloomberg BusinessweekOUR Walmart member Colby Harris in Texas


At the meeting itself, Walmart noted how well it treats its associates. The company had already issued guidelines to store managers about how to respond to walkouts or work stoppages on Black Friday. “We wanted to ensure we provided the safest possible shopping environment for our customers,” says Walmart spokesman Tovar. The company also engaged in its own workers’ campaign. “If OUR Walmart people are in a store trying to talk to associates about joining a union, we do educate them about what it would mean,” he says.


Acknowledging their existence proved Walmart was paying attention. “That was a tactical mistake,” says Lichtenstein of UC Santa Barbara. “That ratified the importance of the protests.” Murray agrees: “It was a great recruiting tool.” She and other leaders spoke to associates afterward, explaining that despite Walmart’s assertions, their group is not trying to form a union. “Right now that’s not even a topic of conversation,” says Tifft.


On the Monday evening before Thanksgiving, Tovar told CBS News that the protests were “another union publicity stunt.” He added: “If associates are scheduled to work on Black Friday, we expect them to show up and to do their job. And if they don’t, depending on the circumstances, there could be consequences.” As encouragement, Walmart offered associates an additional 10 percent discount if they worked the full day. (They are normally entitled to a 10 percent discount.) “Some people might call that an incentive,” says Tifft. “I call it a bribe.”


On the day of the protests, Tovar issued a statement accusing the UFCW of exaggerating the scope of the demonstrations. “We had our best Black Friday ever,” he said. A week later, though, Walmart felt compelled to again counter the perception that its employees were in revolt. Michael Bender, the president of Walmart West, wrote an op-ed in the San Francisco Chronicle with the headline, “Our workers love their jobs.” “I want our associates to know we have their backs,” he wrote.


Cindy Boyd has been a full-time associate at a Walmart in Glendale, Calif., for the past 15 years. Her husband and son work there, too. She doesn’t support OUR Walmart. “I feel like, if they’re not happy, maybe it’s not the right fit for them,” she says. “They shouldn’t bash the company that feeds them.” Shirley Jeanine Clem says she thought the protests were silly and unnecessary. She’s been working at a Baytown (Tex.) store for nine years and was among the women reimbursed after the company found they had been paid less than men for the same work. “As a caring mother, I do not hesitate to tell my daughters to work for Walmart,” she says.


OUR Walmart’s decision to create a new kind of organization makes it a less predictable adversary than the company is used to. Yet it’s hard to assess if the group will achieve its goals without the legal protections that come with union recognition. “Walmart has the advantage of money and power, but these things can be overcome,” says Getman of the University of Texas. “The very fact that the situation is unusual gives an advantage to OUR Walmart.” The group has gotten Walmart’s attention. Beyond that, it may be years before it’s possible to assess its impact on the company.


Meanwhile, Walmart has filed a complaint with the National Labor Relations Board claiming OUR Walmart has been organizing without seeking union recognition. The UFCW is reviewing more than 100 violations of workers’ rights by Walmart and has promised to continue supporting OUR Walmart as long as the group needs help. “Everything will be building toward an even bigger Black Friday 2013,” says Schlademan.


“I’m pretty sure Bentonville knows that we’re here to stay,” says Murray. “I’m not going anywhere. I’m not backing down.”


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North Korea’s new leader burnishes credentials with rocket






SEOUL/TOKYO (Reuters) – North Korea successfully launched a rocket on Wednesday, boosting the credentials of its new leader and stepping up the threat the isolated and impoverished state poses to its opponents.


The rocket, which North Korea says put a weather satellite into orbit, has been labeled by the United States, South Korea and Japan as a test of technology that could one day deliver a nuclear warhead capable of hitting targets as far as the continental United States.






“The satellite has entered the planned orbit,” a North Korean television news-reader clad in traditional Korean garb triumphantly announced, after which the station played patriotic songs with the lyrics “Chosun (Korea) does what it says”.


The rocket was launched just before 10 a.m. Korea time (9 p.m. ET on Tuesday), according to defense officials in South Korea and Japan, and easily surpassed a failed April launch that flew for less than two minutes.


The North American Aerospace Defense Command (NORAD) said that it “deployed an object that appeared to achieve orbit”, the first time an independent body has verified North Korean claims.


North Korea followed what it said was a similar successful launch in 2009 with a nuclear test that prompted the United Nations Security Council to stiffen sanctions that it originally imposed in 2006 after the North’s first nuclear test.


The state is banned from developing nuclear and missile-related technology under U.N. resolutions, although Kim Jong-un, the youthful head of state who took power a year ago, is believed to have continued the state’s “military first” programs put into place by his deceased father Kim Jong-il.


North Korea lauded Wednesday’s launch as celebrating the prowess of all three Kims to rule since it was founded in 1948.


“At a time when great yearnings and reverence for Kim Jong-il pervade the whole country, its scientists and technicians brilliantly carried out his behests to launch a scientific and technological satellite in 2012, the year marking the 100th birth anniversary of President Kim Il Sung,” its KCNA news agency said.


Washington condemned Wednesday’s launch as a “provocative action” and breach of U.N. rules, while Japan’s U.N. envoy called for a Security Council meeting. However, diplomats say further tough sanctions are unlikely to be agreed at the body as China, the North’s only major ally, will oppose them.


“The international community must work in a concerted fashion to send North Korea a clear message that its violations of United Nations Security Council resolutions have consequences,” the White House said in a statement.


Japan’s likely next prime minister, Shinzo Abe, who is leading in opinion polls ahead of an election on December 16 and who is known as a North Korea hawk, called on the United Nations to adopt a resolution “strongly criticizing” Pyongyang.


BEIJING BLOCK


China had expressed “deep concern” prior to the launch which was announced a day after a top politburo member, representing new Chinese leader Xi Xinping, met Kim Jong-un in Pyongyang.


On Wednesday its tone was measured, regretting the launch but calling for restraint on possible counter-measures, in line with previous policy when it has effectively vetoed tougher sanctions.


“China believes the Security Council’s response should be cautious and moderate, protect the overall peaceful and stable situation on the Korean peninsula, and avoid an escalation of the situation,” Chinese Foreign Ministry spokesman Hong Lei told journalists.


Bruce Klingner, a Korea expert at the Heritage Foundation, told a conference call: “China has been the stumbling block to firmer U.N. action and we’ll have to see if the new leadership is any different than its predecessors.”


A senior adviser to South Korea’s president said last week it was unlikely there would be action from the U.N. and that Seoul would expect its allies to tighten sanctions unilaterally.


Kim Jong-un, believed to be 29 years old, took power when his father died on December 17 last year and experts believe the launch was intended to commemorate the first anniversary of the death.


The April launch was timed for the centennial of the birth of Kim Il Sung, the grandfather of its current ruler.


Wednesday’s success puts the North ahead of the South which has not managed to get a rocket off the ground.


“This is a considerable boost in establishing the rule of Kim Jong-un,” said Cho Min, an expert at the Korea Institute of National Unification.


There have been few indications the secretive and impoverished state, where the United Nations estimates a third of the population is malnourished, has made any advances in opening up economically over the past year.


North Korea remains reliant on minerals exports to China and remittances from tens of thousands of its people working on labor projects overseas.


The 22 million population often needs handouts from defectors who have escaped to South Korea in order to afford basic medicines.


Given the puny size of its economy – per capita income is less than $ 2,000 a year – one of the few ways the North can attract world attention is by emphasizing its military threat.


Pyongyang wants the United States to resume aid and to recognize it diplomatically, although the April launch scuppered a planned food deal.


It is believed to be some years away from developing a functioning nuclear warhead although it may have enough plutonium for around half a dozen nuclear bombs, according to nuclear experts.


The North has also been enriching uranium, which would give it a second path to nuclear weapons as it sits on vast natural uranium reserves.


“A successful launch puts North Korea closer to the capability to deploy a weaponized missile,” said Denny Roy, a senior fellow at the East-West Center in Hawaii.


“But this would still require fitting a weapon to the missile and ensuring a reasonable degree of accuracy. The North Koreans probably do not yet have a nuclear weapon small enough for a missile to carry.”


Pyongyang says that its development is part of a civil nuclear program, but has also boasted of it being a “nuclear weapons power”.


(Additional reporting by Jumin Park and Yoo Choonsik in SEOUL; David Alexander, Matt Spetalnick and Paul Eckert in WASHINGTON; Linda Sieg in TOKYO; Sui-Lee Wee in BEIJING; Rosmarie Francisco in MANILA; Writing by David Chance; Editing by Raju Gopalakrishnan)


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Top 2012 searches include Whitney, PSY, Sandy






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


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






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


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


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


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


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


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


Some trending people, according to Google, were:


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


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


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


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


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


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


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


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TV’s “Storage Wars” is rigged, fired cast member charges






LOS ANGELES (Reuters) – The popular TV showStorage Wars” – in which treasure hunters bid to buy unseen items in abandoned units – is rigged, with producers sometimes planting valuable items among the junk, a former contestant said in a lawsuit on Tuesday.


David Hester, one of the reality TV show‘s longest-serving cast members, said producers buried a BMW Mini under trash in one unit featured in the A&E cable series, and a pile of newspapers announcing the death of Elvis Presley in another.






“A&E regularly plants valuable items or memorabilia,” Hester charged in his lawsuit, filed in Los Angeles Superior Court on Tuesday against the cable channel and the show’s producers.


When he complained, Hester was fired from the show. He is claiming fraud, wrongful dismissal, breach of contract and unfair business practices, and asking for at least $ 750,000 in damages.


A&E declined to comment on the lawsuit on Tuesday, saying it did not comment on pending litigation.


“Storage Wars,” which made its debut in 2010, is the highest-rated non-fiction program on U.S. cable television, and draws about 5 million viewers per episode. It is also broadcast in Canada, Australia, Britain and other countries.


The show follows a group of modern treasure-hunters who compete at public auctions of abandoned storage lockers in the hope of finding valuable items which they can re-sell for a profit.


Hester said that “nearly every aspect of the show is faked.” He said producers regularly place in the lockers “valuable or unusual effects to add dramatic effect” and sometimes stage entire units, according to the lawsuit.


Hester, who lives in Orange County, California, has been featured on the show since 2010. He was fired in October 2012 shortly after a meeting in which he complained about rigging in a meeting with producers, the lawsuit says.


A&E Television Networks is a joint venture of the Hearst Corporation and Disney-ABC Television – a unit of Walt Disney Co.


(Reporting By Jill Serjeant; Editing by Eric Walsh)


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Medicines Co to spend $300 million to boost hospital products line






(Reuters) – Medicines Company, a maker of drugs used in hospitals, will spend about $ 300 million in two deals to bulk up its surgical care products portfolio.


The company will pay $ 105 million upfront for a two-year license to market Bristol-Myers Squibb Company‘s device to control bleeding during surgery.






Medicines Co also said it agreed to pay $ 185 million to acquire privately held Incline Therapeutics, which is developing a device to manage post-operative pain.


“Both assets fit well with Medicines Co’s current hospital franchise. It follows the company’s historical ability to bring in interesting assets that may need further work, but can be picked up at a reasonable price because they could need more development,” RBC Capital Markets analyst Adnan Butt said.


The deal with Bristol gives Medicines Co the option to acquire the device, Recothrom, for a price based on average net sales during the two-year collaboration term.


Bristol recorded net revenue of $ 65 million from the Recothrom sales in the United States and Canada in 2011. It will be the manufacturer and sole supplier of Recothrom during the deal term.


Medicines Co would also pay an upfront option fee of $ 10 million to Bristol and tiered royalties on annual net revenue of the device during the term.


The deal is expected to add to Medicines Co’s earnings per share in 2013, and add minimally to Bristol’s earnings per share in 2013 and 2014, both companies said in a joint statement.


Redwood City, California-based Incline is developing a patient-controlled analgesia system called IONSYS for short-term management of acute post-operative pain in hospitals. The device was launched in Europe, but recalled later on stability issues.


“We expect that if we obtain IONSYS approval, we could launch IONSYS in early 2014 in the United States and soon thereafter in Europe,” Medicines Co’s Chief Financial Officer Glenn Sblendorio said.


San Diego, California-based Cadence Pharmaceuticals Inc had an exclusive option to buy Incline, which it ended on Wednesday.


Cadence said it will receive about $ 13 million for the termination of its agreement with Incline.


Medicines Co will also pay about $ 1.5 million to buy out Cadence’s holdings in Incline and potentially a pro rata share of future milestone payments, Cadence said.


Medicines Co’s shares closed at $ 21.85 on Tuesday on the Nasdaq.


(Reporting by Zeba Siddiqui in Bangalore; Editing by Roshni Menon)


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The Home Foreclosure Wave That Wasn’t






When banks pulled back on foreclosures two years ago following a government investigation into faulty paperwork by lenders, Wall Street analysts, academics, and researchers thought the lull would be followed by a storm. They believed that once banks resolved the claims of delinquent homeowners piling up in courts and worked through their backlog of foreclosures, tens of thousands of houses would hit the market, driving down prices for years to come.


It never happened—even after the five biggest U.S. mortgage servicers reached a $ 25 billion settlement with federal and state regulators in February. Instead, the number of residential properties for sale in the U.S. shrank to the lowest level in a decade, while prices have appreciated at the fastest pace since 2005. An index of pending home resales compiled by the National Association of Realtors climbed 5.2 percent in October, the most recent month for which data are available. The median price of an existing home sold in October jumped 11 percent from a year earlier, to $ 178,600, the steepest annual increase since November 2005, according to the group. “Many of us, myself included, feared a wave of foreclosures when the settlement came,” says Susan Wachter, professor of real estate and finance at the University of Pennsylvania’s Wharton School. “I was wrong.”






One reason she and her fellow real estate watchers got it wrong was that in the wake of the settlement, banks were compelled to cut more deals with strapped homeowners. Since March, the five largest U.S. mortgage servicers provided loan relief to 309,385 borrowers, according to a Nov. 19 report by Joseph Smith, who heads the independent office established to monitor compliance with the settlement. Almost 22,000 borrowers had principal forgiveness totaling $ 2.55 billion. And 113,000 borrowers won bank approval for short sales, yielding another $ 13.1 billion in principal writedowns.


Federal government loan-modification programs are also gaining traction as the economy improves and fewer reworked loans re-default. Record low interest rates have triggered a spike in mortgage refinancings, which has helped homeowners stay current on their loans by lowering monthly payments. At the same time, institutional investors including Blackstone Group (BX) and Colony Capital have been purchasing thousands of foreclosed homes in bulk before they even hit the market and then renting the properties out instead of reselling them. The Federal Reserve Bank of New York had estimated that as many as 1.8 million properties would be taken back by banks in 2012. Yet through October, there have been only about 559,000 home seizures, according to RealtyTrac.


“In hindsight, by delaying and prolonging the foreclosure process, that gave the market time to stabilize and get back on its feet,” says Daren Blomquist, vice president of RealtyTrac, which warned a year ago that huge numbers of foreclosed homes were going to hit the market. “Maybe bureaucracy is actually helping, in this case, to diffuse the impact of the foreclosures. Talk about unintended consequences.”


In Stockton, Calif., one of the U.S. cities hit hardest by the housing crisis, the number of homes for sale fell 42 percent in October from a year earlier, thanks in part to a 21 percent decline in foreclosure filings over the same period. Listings routinely attract multiple offers, and prices are on the rise. “We don’t have enough homes now to meet the needs of the market,” says Paul Jacobson, a Stockton native and real estate broker for 22 years, as he cruises the city’s northern fringe, where suburbia meets farmland. “People see a foreclosed home for sale in this area and they’re going to jump on it.”


Stockton resident William Hoeurn last month secured a $ 337,906 principal reduction on his mortgage from Bank of America (BAC), shrinking monthly payments on his three-bedroom house to $ 884 from $ 2,362. The 66-year-old teaching assistant fell behind on his loan payments after his wife lost her job and two of his grown children, who helped pay the mortgage, moved out. “Before, I was having bad dreams that I am losing my house,” says Hoeurn, a refugee from Cambodia. “Now, I feel very happy.”


It still may be a little early to pronounce the housing slump over. Almost a quarter of all U.S. homeowners with a mortgage owe more than their homes are worth, making them candidates for future defaults. Robert Shiller, an economics professor at Yale University and co-creator of the S&P Case-Shiller home price indexes, believes the inventory of potential foreclosures remains a threat across the U.S., especially if the economy slows. “It’s funny how people have so much confidence in the recovery. History shows that these markets are hard to predict.”


The bottom line: The number of properties for sale has shrunk to the lowest level in a decade, easing concerns about a new wave of foreclosures.


With Jody Shenn


Businessweek.com — Top News


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Australian prank call radio to donate profits to nurse’s family






CANBERRA (Reuters) – The Australian radio station behind a prank call to a British hospital will donate its advertising revenue until the end of the year to a fund for the family of the nurse who apparently took her own life after the stunt, the company said on Tuesday.


Southern Cross Austereo, parent company of Sydney radio station 2Day FM, said it would donate all advertising revenue, with a minimum contribution of A$ 500,000 ($ 525,000), to a memorial fund for the nurse, Jacintha Saldanha, who answered the telephone at the hospital treating Prince William’s pregnant wife, Kate.






The company has suspended the Sydney-based announcers, Mel Greig and Michael Christian, scrapped their “Hot 30″ programme and suspended advertising on the station in the wake of the Saldanha’s death. Southern Cross said it would resume advertising on its station from Thursday.


“It is a terrible tragedy and our thoughts continue to be with the family,” Southern Cross Chief Executive Officer Rhys Holleran said in a statement.


“We hope that by contributing to a memorial fund we can help to provide the Saldanha family with the support they need at this very difficult time.”


(Reporting by James Grubel; Editing by Robert Birsel)


Europe News Headlines – Yahoo! News


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World Chefs: Keller shares memories, spotlight in latest book






NEW YORK (Reuters) – Thomas Keller, one of America‘s most respected chefs, shares the food memories of his childhood and his time in France in his new book “Bouchon Bakery,” which is also the name of his chain of pastry shops in the United States.


Keller is the only American chef who owns two three-Michelin-star restaurants – Per Se in New York City and The French Laundry in the Napa Valley wine region in California.






Earlier this year, Britain’s Restaurant Magazine named Per Se, which opened in 2004, the world’s sixth best restaurant. Keller also earned the magazine’s lifetime achievement award.


Like his four other books, his latest effort is a collaboration. He co-wrote it with his top pastry chefs Sebastien Rouxel and Matthew McDonald along with food writers Susie Heller, Michael Ruhlman and Amy Vogler.


The 57-year-old spoke to Reuters about the book, his pastry chefs and his place in the culinary world.


Q: Why did you collaborate with the leaders of your pastry team with this book?


A: “If you look at my other cookbooks, it’s always been a point with me to share these opportunities with those who share their skills and expertise with the general public. That was the reason why I did the book. Sebastien is one of the best pastry chefs in America. His techniques are unparalleled. I’m not trying to pretend that I’m a pastry chef by writing a book about baking and pastries. Nor am I trying to be a bread baker. I have Matthew McDonald, who is one of the best bakers in America. To be able to highlight his skills in the bread section was very important as well.”


Q: How did your time in France change your view about pastry and bread-making?


A: “When you are in France, especially in Paris, there were three or four boulangeries of different significance just on the block where I lived because they had pastry chefs with different levels of skills. You went to different ones for different things. To have a fresh baked baguette everyday was extraordinary. Anyone who lived in Paris for any length of time would say eating a fresh baguette is pretty special. Bread plays a real important part in the experience of the diners. To make sure we have the opportunity to significantly impact the experience by controlling the production and style of the bread was very important to me.”


Q: Do you have a favorite dessert?


A: “It depends on the day … There are so many things I love. I think anything that’s done really, really well. For me, that’s really something I really appreciate. I think one of the things that really resonate with the individual is that idea that eating, and eating through that experience, they have a memory. We are always trying to do something that’s good. Why put something on the menu that’s not very good?”


Q: The book emphasizes weighing ingredients over measuring with cups and spoons. Could that be difficult for home cooks?


A: “One of the things about pastry … it’s such an exact process. The most exact thing you practice is with weighing. There is an exactness to the execution, which gives you every opportunity to be successful.”


Q: French Laundry and Per Se are among two of the best restaurants in the country. Bouchon Bakery is a success. What more would you like to accomplish in the culinary world?


A: “I have accomplished today everything I wanted to accomplish, more than I ever dreamed was possible. Right now, I’m just focused on the restaurants we have and the book I just wrote. Let me enjoy this moment before you ask me what I’ll be doing tomorrow.”


Pecan Sandies for my mom (Makes 1-1/2 dozen cookies)


1 ¾ cups + 1 ½ teaspoons all-purpose flour (250 grams)


¾ cup coarsely chopped pecans (80 grams)


4 ounces unsalted butter, at room temperature (170 grams)


¾ cup + 1 ¾ teaspoons powdered sugar (90 grams)


Additional powdered sugar for dusting (optional)


1. Position the racks in the upper and lower thirds of the oven and preheat the oven to 325°F (convection) or 350°F (standard). Line two sheet pans with Silpats or parchment paper.


2. Toss the flour and pecans together in a medium bowl.


3. Place the butter in the bowl of a stand mixer fitted with the paddle attachment and mix on medium-low speed until smooth. Add the 90 grams/¾ cup plus 1¾ teaspoons powdered sugar and mix for about 2 minutes, until fluffy. Scrape down the sides and bottom of the bowl. Add the flour mixture and mix on low speed for about 30 seconds, until just combined. Scrape the bottom of the bowl to incorporate any dry ingredients that have settled there.


4. Divide the dough into 30-gram/1½-tablespoon portions, roll into balls, and arrange on the sheet pans, leaving about 1½ inches between them. Press the cookies into 2-inch disks.


5. Bake until pale golden brown, 15 to 18 minutes if using a convection oven, 22 to 25 minutes if using a standard oven, reversing the positions of the pans halfway through. (Sandies baked in a convection oven will not spread as much as those baked in a standard oven and will have a more even color.)


6. Set the pans on a cooling rack and cool for 5 to 10 minutes. Using a metal spatula, transfer the cookies to the rack to cool completely. If desired, dust with powdered sugar.


Note: The cookies can be stored in a covered container for up to 3 days.


(Reporting by Richard Leong; Editing by Patricia Reaney and James Dalgleish)


Celebrity News Headlines – Yahoo! News


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Mandela responding to lung infection treatment






JOHANNESBURG (Reuters) – Former South African President Nelson Mandela, who is 94 and has been in hospital since Saturday for tests, has suffered a recurrence of a lung infection but is responding to treatment, the government said on Tuesday.


The revered anti-apartheid leader and Nobel Peace laureate is spending his fourth day in hospital in the capital, Pretoria.






Known affectionately by his clan name “Madiba”, Mandela remains a hero to many of South Africa‘s 52 million people and two brief stretches in hospital in the past two years made front page news.


“Doctors have concluded the tests and these have revealed a recurrence of a previous lung infection, for which Madiba is receiving appropriate treatment and he is responding to the treatment,” the government said in a statement.


Mandela was admitted to the Pretoria military hospital on Saturday after being flown from his home village of Qunu in a remote part of the Eastern Cape province.


Until now, authorities had given few details about the reason for his latest visit to hospital.


In an interview broadcast on South Africa’s eNCA television channel, Mandela’s Mozambican-born wife Graca said the former president’s “sparkle” was fading.


When he was admitted to hospital on Saturday, officials stressed there was no cause for concern although domestic media reports suggested senior members of the government and people close to him had been caught unawares.


ROBBEN ISLAND


On the streets, ordinary South Africans crossed their fingers for his recovery. Leading cartoonist Zapiro depicted Mandela asleep in his hospital bed with hundreds of “Get Well” cards flying through the window like a flock of birds.


“He’s old and I hope he gets better soon. He means a lot to the world,” 25-year-old legal researcher Liezel Jacobs said.


Mandela, South Africa’s first black president and a global symbol of resistance to racism and injustice, spent 27 years in apartheid prisons, including 18 years on the windswept Robben Island off the coast of Cape Town.


He was released in 1990 and went on to be elected president in the historic all-race elections in 1994 that ended decades of white-minority rule in Africa’s most important economy.


He used his unparalleled prestige to push for reconciliation between whites and blacks, setting up a commission to probe crimes committed by both sides in the anti-apartheid struggle.


Mandela’s African National Congress (ANC) has continued to govern since his retirement from politics in 1999, but has been criticised for perceived corruption and slowness in addressing apartheid-era inequalities in housing, education and healthcare.


On Tuesday, the influential South African Council of Churches launched a blistering attack on the ANC, accusing its leaders of moral decay and of abandoning Mandela’s goal of a non-racial democracy built from the ashes of apartheid.


Mandela spent time in a Johannesburg hospital in 2011 with a respiratory condition, and again in February this year because of abdominal pains. He was released the following day after a keyhole examination showed there was nothing serious.


He has since spent most of his time in Qunu.


His fragile health prevents him from making any public appearances, although he has continued to receive high-profile domestic and international visitors, including former U.S. President Bill Clinton in July.


Health News Headlines – Yahoo! News


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Delta buys into Virgin Atlantic







Delta Air Lines has agreed a deal to buy Singapore Airlines’ 49% stake in Virgin Atlantic for $ 360m (£224m).






Virgin Group and Sir Richard Branson will retain a 51% shareholding, and the Virgin brand will remain in place, the new partners said in a joint statement.


The deal is subject to regulatory approval in the US and Europe.


It follows a spat between Sir Richard and Willie Walsh, boss of BA-owner International Airlines Group over the future of Virgin Atlantic.


Earlier, Mr Walsh offered to wager a “knee in the groin” in a bet with Sir Richard over whether the Virgin brand would still be around in five years.


He was responding to a £1m bet offered by Sir Richard on Monday.


‘Exciting day’


Virgin and Delta said the deal would allow allow them to “overcome slot constraints” and offer more flights from Heathrow.


The carriers will operate 31 peak-day round trips between the UK and North America.


“Our new partnership with Virgin Atlantic will strengthen both airlines and provide a more effective competitor between North America and the UK, particularly on the New York-London route,” said Delta boss Richard Anderson.


Sir Richard said it was an “exciting day” in Virgin’s history.


“It signals the start of a new era of expansion, financial growth and many opportunities for our customers and our business.”


Singapore Airlines is selling its stake, which it has owned since 1999, because of increased competition in its local market.


Low-cost airlines in particular have mushroomed, threatening more traditional carriers like Singapore Airlines.


Singapore Airlines has itself launched a low-cost carrier, called Scoot, and has been putting money into its regional service, SilkAir.


BBC News – Business


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