বৃহস্পতিবার, ৩১ জানুয়ারী, ২০১৩

Study sees prostate cancer treatment side effects

A new study shows how important it is for men to carefully consider treatments for early-stage prostate cancer. Fifteen years after surgery or radiation treatment, nearly all of the older men in the study had some problems having sex.

About one-fifth had bladder or bowel trouble, researchers found.

The study doesn't compare these men ? who were 70 to 89 at the end of the study ? to others who did not treat their cancers or to older men without the disease. At least one study suggests that half that age group has sexual problems even when healthy.

The study isn't a rigorous test of surgery and radiation, but it is the longest follow-up of some men who chose those treatments.

Since early prostate cancers usually don't prove fatal but there are no good ways to tell which ones really need treatment, men must be realistic about side effects they might suffer, said one study leader, Dr. David Penson of Vanderbilt University.

"They need to look at these findings and say, 'Oh my gosh, no matter what I choose, I'm going to have some quality-of-life effect and it's probably greater than my doctor is telling me,'" he said.

The study appears in Thursday's New England Journal of Medicine.

Prostate cancer is the most common cancer in American men. In the United States alone, there were about 240,000 new cases and 28,000 deaths from the disease last year. Radiation or surgery to remove the prostate are common treatments when the disease is confined to the gland.

Men usually live a long time after treatment ? 14 years on average ? so it's important to see how they fare, said another study leader, Vanderbilt's Dr. Matthew Resnick.

The study involved 1,655 men diagnosed in 1994 or 1995, when they were ages 55 to 74. About two-thirds of them had surgery and the rest, radiation. They were surveyed two, five and 15 years later. By that time, 569 had died.

Men who had surgery had more problems in the first few years after their treatments than those given radiation, but by the end of the study, there was no big difference.

After 15 years, 18 percent of the surgery group and 9 percent of the radiation group reported urinary incontinence, and 5 percent of the surgery group and 16 percent of the radiation group said they were bothered by bowel problems. But the differences between the two groups could have occurred by chance alone once researchers took other factors such as age and the size of the men's tumors into account.

Impotence was "near universal" at 15 years, the authors write ? 94 percent of the radiation group and 87 percent of the surgery group. But the difference between the groups also was considered possibly due to chance. Also, less than half of men said they were bothered by their sexual problems.

"These men do get some help from pills like Viagra, Cialis, Levitra," but it may not be as much as they would like and most men would rather not need those pills, Penson said.

The National Cancer Institute paid for the study. Two authors have consulted for several makers of prostate cancer treatment drugs.

No study is perfect and this one has many limitations, said Dr. Timothy Wilson, urology chief at City of Hope, a cancer center in Duarte, Calif. Men who are having problems are more likely to complete follow-up surveys because they're angry, so that could skew results, he noted.

Still, "it's a high percentage" with side effects, said Wilson, who has been a paid speaker for two makers of surgery equipment.

"There's no question we overtreat" many cases of early prostate cancer, yet the disease is still the second-leading cause of cancer deaths in men. "We need to better sort out who really needs treatment," he said.

___

Online:

New England Journal: http://www.nejm.org

___

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

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/bbd825583c8542898e6fa7d440b9febc/Article_2013-01-30-US-MED-Prostate-Cancer/id-ac114ca45b9b4166913c18d0f5044a0e

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New Orleans' challenge: policing 2 huge parties

FILE -In this Friday, Feb. 1, 2002 file photo, National Guardsmen patrol the Louisiana Superdome in New Orleans. It's an unprecedented security challenge for New Orleans: the city's increasingly raucous buildup to Mardi Gras gets suspended for a week as 150,000 visitors flood the town for Super Bowl. Joining the police department's 1,200-plus officers for Super Bowl week are more than 200 state troopers and about 100 officers from surrounding local jurisdictions. (AP Photo/Amy Sancetta, File)

FILE -In this Friday, Feb. 1, 2002 file photo, National Guardsmen patrol the Louisiana Superdome in New Orleans. It's an unprecedented security challenge for New Orleans: the city's increasingly raucous buildup to Mardi Gras gets suspended for a week as 150,000 visitors flood the town for Super Bowl. Joining the police department's 1,200-plus officers for Super Bowl week are more than 200 state troopers and about 100 officers from surrounding local jurisdictions. (AP Photo/Amy Sancetta, File)

FILE -In this Friday, Feb. 1, 2002 file photo, a National Guardsman walks through a fence near the Louisiana Superdome, as security is tightened leading up to Sunday's Super Bowl XXXVI between the St. Louis Rams and New England Patriots. It's an unprecedented security challenge for New Orleans: the city's increasingly raucous buildup to Mardi Gras gets suspended for a week as 150,000 visitors flood the town for Super Bowl. Joining the police department's 1,200-plus officers for Super Bowl week are more than 200 state troopers and about 100 officers from surrounding local jurisdictions. (AP Photo/Kathy Willens)

(AP) ? The FBI says no credible threats of terrorist activity have been reported as New Orleans prepares for Sunday's Super Bowl.

The head of the New Orleans FBI office and other federal authorities, led by Homeland Security Secretary Janet Napolitano, discussed security precautions at a news conference Wednesday.

The big game poses a challenge for the New Orleans police force. It coincides with the often raucous buildup to the Feb. 12 Mardi Gras celebration.

On game day, security precautions will include restrictions on air traffic in the vicinity of the Superdome, and pat-down searches of ticket holders entering the stadium.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/347875155d53465d95cec892aeb06419/Article_2013-01-30-Super-Bowl-Security/id-3f3cf49b20d24f90bbf5940a8e439f12

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Chuck Hagel Faces His Biggest Critics Today

Thursday in Washington could see the most contentious confirmation hearing of Barack Obama's presidency, as former Senator Chuck Hagel fights for his chance to be the next Secretary of Defense.?At least seven of the 12 members on the Senate Armed Services Committee have expressed some reservations on Hagel's nomination and a few have stated outright that they plan to vote against him. That may not be enough to shut down his appointment, but it could lead to some fireworks today as the Republican committee members get their chance to challenge him directly. Unlike John Kerry, Hagel didn't make a lot of friends during his time in the Senate and will not get the benefit of a rubber-stamp coronation.

RELATED: Meet Chuck Hagel, Your 'Likely' New Secretary of Defense

So why do his haters want to keep Hagel?a brave enlisted man, a decorated veteran, and a former Senator like themselves?from running the Pentagon? Two reasons, really: Israel and Iran, two nations for which Hagel does not appear to share the appropriate level of concern.

RELATED: Five Best Friday Columns

For Israel, the problem is that?Hagel has in the past seemed indifferent, or worse, openly hostile to Israeli leaders and the "Jewish lobby," as he unfortunately referred to it supporters. With Iran, he hasn't been hostile enough, voting against sanctions several times as a Senator, and arguing that engagement with their?government?and "containment" of their nuclear program was the better course of action. Obviously, being insufficiently angry with Iran is another sign you don't care enough about?Israel, but the intertwined issue of how Chuck Hagel feels about our Friends and our Enemies will make up the bulk of the questioning.

RELATED: Obama Launches the Untouchable Hagel Defense

Another matter of concern will Hagel's opinions about the future of the military. He's complained in the past about the "bloated" Armed Forces, and may look to?shrink?the defense budget rather than expand it?an almost blasphemous idea in the Armed Services committee, which has never had any problem giving our army more money. You can also expect a lot of questions about his priorities for war planning: fast, nimble, and computer-heavy or big, loud, and powerfully destructive?

RELATED: The People Who Are Actually Saying They Oppose Chuck Hagel

It doesn't even really matter that Hagel's most?controversial comments happened years ago, or that Congress still controls his budget, or that not all Americans agree with the Republican approach to foreign policy. The hearing is as much about voicing official objections to the Obama administration's?behavior as it about taking down Chuck Hagel. And even if they can't find out Hagel's mind, maybe they can't learn something about the President's?

RELATED: Chuck Hagel: A Highly Controversial Nominee Almost Certain to Be Confirmed

?

Because Democrats control the Senate and therefore the committee (and even most opposition members are inclined to defer to the president on political appointees) the odds are slim that Hagel will not become the next Secretary of Defense. That doesn't mean that doesn't mean the Senators who will grill him today can't make the rest of his morning?and the next four years?very uncomfortable.

Source: http://news.yahoo.com/chuck-hagel-faces-biggest-critics-today-125625005.html

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বুধবার, ৩০ জানুয়ারী, ২০১৩

There Is an Even Smaller Apple TV

According to a FCC filing, Apple has a smaller Apple TV in the works. What's weird is that it's not that much smaller than the current Apple TV—the small version would be 93.78 square millimeters as opposed to the current version's 98 square mm. Everything else about the FCC filing on the Apple TV looks identical to the current one. More »


Source: http://feeds.gawker.com/~r/gizmodo/full/~3/VJ-V6bIXkB0/there-is-an-even-smaller-apple-tv

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Seattle LB Leroy Hill arrested on assault charges

Associated Press Sports

updated 4:13 p.m. ET Jan. 30, 2013

ISSAQUAH, Wash. (AP) - Seattle Seahawks linebacker Leroy Hill was arrested after police say he assaulted his girlfriend and kept her in his home against her will.

According to a release from the Issaquah Police Department on Wednesday morning, Hill was arrested on investigation of unlawful imprisonment-domestic violence and third-degree assault-domestic violence. According to King County Jail records, Hill was booked into the Seattle correctional facility early Wednesday afternoon.

Both charges are felonies in Washington state. It's at least the fourth time Hill, 30, has been arrested and the second time he's been accused of domestic violence.

Police said they responded to Hill's home around 4 p.m. Tuesday. A 26-year-old said she had been assaulted several times and was kept in Hill's home against her will. The women told police that Hill blocked the doorway and took her cellphone. She was able to escape the home when Hill used the bathroom, police said.

She was treated at a hospital and released. A Seahawks spokesman said the team is aware of the situation.

Hill played last season on a one-year contract with the Seahawks. He played in 13 games, starting 12, and recorded 47 tackles and 1 1/2 sacks. Hill is one of two players still on the Seahawks roster from their lone Super Bowl appearance when they lost to Pittsburgh. He's played all eight NFL seasons with the Seahawks and has started 89 of 97 games in his Seattle career.

Hill is scheduled to become a free agent this offseason.

For much of his career, off-field problems have followed Hill. He was arrested less than a year ago for marijuana possession in Atlanta, but the charge was later dismissed. His first arrest came in 2009 in Georgia for marijuana possession where he was sentenced to 12 months of probation.

Then in April 2010, Hill was arrested by Issaquah police on a fourth-degree assault-domestic violence charge. Hill avoided trial on that charge after agreeing to a stipulated order of continuance that required him to avoid legal troubles for 18 months and complete a one-year, state-certified domestic violence treatment program.

Issaquah prosecutor Lynn Moberly said Wednesday that Hill's previous domestic violence case had closed and the latest arrest has no influence on his previous deal.

Hill was suspended by the NFL for two games during the 2010 season.

? 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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Faulk will never get over Spygate

CSN: Ex-Rams running back Marshall Faulk said he'll "never be over being cheated out of the Super Bowl," referring to the Rams' Super Bowl XXXVI loss to the Patriots.

Source: http://nbcsports.msnbc.com/id/50644569/ns/sports-nfl/

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Expansion costs hit H&M earnings

STOCKHOLM (Reuters) - Hennes & Mauritz , the world's No.2 fashion retailer, posted an unexpected drop in quarterly earnings, hit by competition in tough European markets and the cost of its expansion drive to take on bigger rival Inditex.

The Swedish group does the bulk of its business in Europe, where the region's debt crisis and rising unemployment have dampened consumer spending.

At the same time, it has been making long-term investments in online shopping and new chains of stores, such as the recently-launched "& Other Stories," in a bid to catch up with the broader offering of Spanish rival Inditex , which runs the Zara chain and a string of other brands.

"These long-term investments have created cost increases and to a great extent have not yet generated any revenue," chief executive Karl-Johan Persson said on Wednesday.

"However, we consider these investments to be both necessary and wise as they aim to secure future expansion and profits and thereby further strengthen H&M's position," he added.

Pretax earnings in the September-November period fell to 6.6 billion Swedish crowns from a year-earlier 6.8 billion, hit also by a strong crown. Analysts had on average forecast an unchanged profit.

WEAK SALES

H&M said a tough economic backdrop led to widespread price promotions and markdowns in the fashion industry, although its own level of markdowns in relation to sales was the same as in the fourth quarter of the year before.

Stocks were somewhat higher than planned at the end of the period, although the group said markdowns in the first quarter would also be around the same level as the year earlier.

Bernstein analysts said this would be a challenge, particularly given the likely disruption to sales from snow.

"These are disappointing results, as management continues to step up investment in both the product and longer term initiatives, yet sales performance has not rebounded," they said.

H&M predicted local-currency sales growth in January, the second month of its fiscal year, of 5 percent, the weakest figure since October, due to cold weather.

Its shares were down 2.8 percent to 228.5 crowns by 0945 GMT, within a European retail index <.sxrp> down 0.2 percent.

H&M, present in 48 markets, said it would open a net 325 stores this year, with most planned in China and the United States. It would also launch online sales in the United States.

It saw expansion opportunities in big European markets like Russia, Germany, Britain, Italy, Poland and France as well.

"For the medium term, they're trying to develop more brands, they're entering five new countries this year, they're laying down 12 percent more space ... So in terms of their own strategy, I actually think that they are sticking to it, and it makes long-term sense," said UBS analyst Adam Cochrane.

H&M said its gross profit margin, which disappointed in the third quarter, shrank to 61.6 percent from 61.9 percent, matching forecasts. It proposed an unchanged dividend, as expected, of 9.50 crowns per share.

(Reporting by Anna Ringstrom. Editing by Patrick Lannin and Mark Potter)

Source: http://news.yahoo.com/expansion-costs-hit-h-m-earnings-084149035--finance.html

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মঙ্গলবার, ২৯ জানুয়ারী, ২০১৩

Report: Apple prepping a 128GB version of the fourth-gen iPad

Report: Apple prepping a 128GB version of the fourth-gen iPad

Still waiting for a 128GB iPad? One could come sooner than you think. According to 9to5Mac, Cupertino is preparing to add a new SKU to its fourth-generation tablet line up, slotting next to the existing 16GB, 32GB and 64GB configurations as a premium model. A source at a well known US retailer shared the devices' SKU information with the outlet, marked up with internal Apple terminology that described both WiFi-only and cellular-capable slates in black and white facades. The devices' description column features a lone adjective, too: ultimate.

9to5Mac couldn't confirm that the description meant a 128GB model was inbound, but the assumption seems reasonable enough -- developers are finding references to 128GB iOS devices in iOS 6.1 beta code, and icons for the size were found in iTunes 11. Moreover, "good," "better" and "best" have all been used to describe different iPad configurations in the past -- ultimate seems like the next logical step. Strong evidence, to be sure, but we'll hedge our bets until we see something official. Read on to see the leaked SKU information for yourself.

9to5Mac Apple preparing to release another 4th gen iPad SKU, signs point to 128GB model

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Source: 9to5Mac

Source: http://feeds.engadget.com/~r/weblogsinc/engadget/~3/vQGCX2Za8bA/

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Alumni Reflections: Josh Westby Shares College, Career Advice ...

degree in business administration

Globe University-Madison West Alumnus, Josh Westby

Building strong relationships with our graduates is important to us at Globe University-Madison West.? We love to see them succeed in their career goals and love it more when they connect with us after they?ve graduated.

Josh Westby is one alumnus who sets that tone. Graduating in September 2011 with an Associate in Applied Science Degree in Business Administration, Josh now serves as a front office supervisor at the Sheraton Madison Hotel. He also works part-time as an assistant manager for a local Milo?s restaurant.

In addition, Josh is writing a business plan for a family friend who is looking to expand his chemical compliance safety consulting firm. It?s a huge undertaking, but Josh isn?t afraid of the challenge. In fact, he welcomes it. ?My degree focused on writing business and marketing plans so it?s really exciting to be using that skill right now,? he shared.

Business Administration Program Chair Rick Mason reflected on Josh?s time at Globe University-Madison West.

?Josh is a great example of a student who is positive, hard-working and focused on the end goal,? Rick said.? ?He is an inspiration to all of our students and exemplifies the benefits of meeting challenges and staying the course.? The fact that he has been rewarded for his hard work is not a surprise and I would anticipate that there will be many more stepping stones for him in the future.?

He added, ?We are proud of his accomplishments.? Our business degree program is especially excited about his willingness to come back to campus and share his experiences with our current students.? That is invaluable to us. Great job, Josh!?

degree in business administration

Recently, Josh visted a Business Communications class to talk to students about how important communication is in his work as a front office supervisor.

I sat down with Josh to discuss his experience at Globe University-Madison West and to gather some insight on what he did to make his education a successful one. What he shares, he hopes will help current and future students at Globe University-Madison West.

Why did you choose Globe University?

?It really fit my lifestyle and allowed me to learn in an environment of small class ?sizes, which is something I really enjoy and thrive in as opposed to large lecture halls that you often see in other schools. You have classes with 200 students and you never really get to ask questions or really work hands-on with other students very often and that was something I saw here that really helped me learn and focus. I couldn?t do the large classes; I didn?t like it.? That was a major deciding factor for me.

?In addition, the scheduling of classes was very flexible. I felt like I could pretty much choose a schedule and still work.? After meeting with my admissions representative, Chad Obright, and other staff, I just felt like it was a very comfortable and welcoming place where people actually did care about you instead of being a number like at other schools.?

What was your biggest challenge while at Globe? How did you overcome it??

?My hardest challenge what that I occasionally had to take an online class. I learn so much better when I can see and talk to people rather than writing on a message board and handing in assignments when they are due.? Being able to get that face time and interacting with people and my instructor is very important for me in how I learn. I overcame it by really connecting with the instructors of the class, I made sure to ask a lot of questions. I asked questions to campus instructors who may have taught that class before, I connected with students who took that class and I always made sure to email my instructors if I didn?t get my questions answered. I used all the people around me as resources and tapped into their knowledge on the subject to overcome that.?

What motivated you in your schooling??
?I think a large part of it was the staff and instructors at Globe. They are always willing to help you. They push you without pushing too hard. A lot of my motivation came from the administration and faculty at Globe University.?

degree in business administration

Josh Westby during his graduation in September 2011.

Do you have any other advice for fellow or future students at Globe University??

?Follow your dreams. Do what you want to do.? For me, I could have finished my horticulture degree at River Falls but I know I wouldn?t be as happy as I am now. Maybe I would have gotten a better job or maybe I would be making more money but that wouldn?t have made me happy. I now have a degree in what I enjoy?working with people in business?and I?m all the more happy for it. The basic piece of advice is to keep an open mind and continue to explore your options.?

Can you share any tips or advice in getting out there in the business world?

?Don?t settle for the first job you get offered. Keep an open mind and maybe even if you do start somewhere and it?s not the first position you were hoping for, if it is a company that fits you well and will fit you well in the future, use that position as a stepping stone to get to where you want to be.? With the economy where it is right now, you are not going to get to where you want to be right away with just your education, but it could be a great stepping stone to get where you want to be faster otherwise.

?Definitely use your resources to your advantage, like the instructors and staff here at Globe University [and] also the social media channels like LinkedIn to stay connected. The social media sites are a huge help in connecting with people.? Remember, while the resources are there for you now, remember that they are also there after you graduate.?

By Jennifer Hilgendorf.

Source: http://blogs.globeuniversity.edu/2013/01/27/alumni-reflections-josh-westby-shares-college-career-advice/

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Get a great deal on your meeting space - Business Management Daily

meeting venueIf you want to get the most for your money when booking meeting or event space, you need to negotiate, says Anthony Coyle-Dowling, director of sales with Zibrant. Don?t just accept the price you?ve always paid for the place you usually use or take the first price you?re quoted at a new location.

  • Start with research. Review your spending and usage patterns for places you?ve booked in the past. Then identify mistakes that may have cost you money and build a list of preferred suppliers with prearranged rates, terms and conditions.
  • Establish priorities. Think about how your space needs will change in the coming year and consider how those changes will affect your requirements for locations, room sizes, Wi-Fi, parking and quality of venues.
  • Consider a variety of locations. Don?t dismiss properties you?ve rejected in the past. Be aware they are frequently updated and keen to attract new business. New venues may also be eager to establish a client base.
  • Think of ways to save. Venues value volume, so if you can do a variety of events at one location you?ll get a better price. If you can get a good deal that fits your needs, you can benefit in other ways from establishing an ongoing relationship.
  • Add accommodations. Taking a block of rooms in addition to meeting space can add additional savings.
  • Mention added-value items. These include Wi-Fi, parking, food and drink.
  • Look at cancellation contingencies. You want to secure good cancellation terms from the start.
  • Discuss AV and other equipment. These can add a lot to your bill, so take them into account in negotiations.
  • Think about your full spend. Don?t just try to get the best rate on bits and pieces of your booking, think about the package as a whole.
  • Go back and forth with offers. Be fair, but go back and forth to get the best deal you can negotiate. Don?t be afraid to go back after the deal is set if you get an offer of better terms elsewhere.

Online resource: Download our Meeting Planning Checklist.

? Adapted from ?Negotiation, negotiation, negotiation,? Anthony Coyle-Dowling, Executive Secretary.

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রবিবার, ২৭ জানুয়ারী, ২০১৩

Rescuers: Antarctica plane crash 'not survivable'

By Ian Johnston, Staff Writer, NBC News

A plane that went missing in Antarctica slammed into a mountain and there are not believed to be any survivors, rescuers said Saturday.

Three Canadians were on board the Twin Otter aircraft when it went missing Wednesday about halfway between the South Pole and the McMurdo Station research center.

?The aircraft wreckage is on a very steep slope, close to the summit of Mt Elizabeth. It appears to have made a direct impact that was not survivable.? No details are available on the cause of the crash,? Maritime New Zealand, which has been coordinating the search operation, said in a statement. ?The next of kin have been informed.?

It said the site of the crash was at the northern end of the Queen Alexandra mountain range at an altitude of about 13,000 feet.

Two helicopters reached the site at around 7.15 p.m. New Zealand time (1.15 a.m. ET), but were not able to land.

Rescuer Tracy Brickles said in the statement that it was very sad end to the operation.

?It has been difficult operation in challenging conditions but we remained hopeful of a positive result. Our thoughts are now with the families of the crewmen,? she said.

The Calgary Sun newspaper previously identified one of those aboard the plane as Bob Heath of the Northwest Territories, calling him a ?star pilot? for Canadian firm Kenn Borek Air, which owns the plane.

In an emailed statement, Kenn Borek Air said one of its aircraft and a New York Air National Guard plane had also made ?visual contact? with the crash site.

?No signs of activity are evident in the area surrounding the site, and it appears that the impact was not survivable,? the statement said.

It added that helicopter crews and mountain rescue teams would attempt to get to the site.

Related:

Plane with 3 on board missing near South Pole

100-mph winds ground search for plane missing in Antarctica

Source: http://worldnews.nbcnews.com/_news/2013/01/26/16710066-not-survivable-wreckage-of-missing-antarctica-plane-found-rescuers-say?lite

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Your Three Investing Opponents | The Big Picture

?Tough Year!?

We hear that around the office nearly every day ? from professional traders to money managers to even the ?most-hedged? of the hedge fund community. This year?s markets have perplexed the best of them. Each week brings another event that sets up some confusing crosscurrent: call them reversals or head fakes or bear traps or (my personal favorite) the ?fake-out break-out? ? this is a volatile, trendless market has been unkind to Wall Street pros and Main Street investors alike.

Indeed, buy & hold investors have had more ups and downs this year than your average rollercoaster. The third and fourth quarters alone had more than a dozen market swings, ranging from 5 percent to more than 20 percent. Despite all of that action, the S&P 500 is essentially unchanged year-to-date. It doesn?t take much to push portfolios into the red these days.

Three Opponents in Investing

With markets more challenging than ever, individual investors need to understand exactly whom they are going up against when they step onto the field of battle. You have three opponents to consider whenever you invest.

The first is Mr. Market himself. He is, as Benjamin Graham described him, your eternal partner in investing. He is a patient if somewhat bipolar fellow. Subject to wild mood swings, he is always willing to offer you a bid or an ask. If you are a buyer, he is a seller ? and vice versa. But do not mistake this for generosity: he is your opponent. He likes to make you look a fool. Sell him shares at a nice profit, and he happily takes their prices so much higher you are embarrassed to even mention them again. Buy something from him on the cheap, and he will show you exactly what cheap is. And perhaps most frustrating of all, Mr. Market has no ego ? he does not care about being right or wrong; he only exists to separate the rubes from their money.

Institutional Competitors

Yes, Mr. Market is a difficult opponent. But your next rivals are nearly as tough: They are everyone else buying or selling stocks.

Recall what Charles Ellis said when he was overseeing the $15-billion endowment fund at Yale University:

?Watch a pro football game, and it?s obvious the guys on the field are far faster, stronger and more willing to bear and inflict pain than you are. Surely you would say, ?I don?t want to play against those guys!?

Well, 90% of stock market volume is done by institutions, and half of that is done by the world?s 50 largest investment firms, deeply committed, vastly well prepared ? the smartest sons of bitches in the world working their tails off all day long. You know what? I don?t want to play against those guys either.?

Ellis lays out the brutal truth: investing is a rough and tumble business. It doesn?t matter where these traders work ? they may be on prop desks, mutual funds, hedge funds, or HFT shops ? they employ an array of professional staff and technological tools to give themselves a significant edge. With billions at risk, they deploy anything that gives them even a slight advantage.

These are who individuals are doing battle with. Armed only with a PC, an internet connection, and CNBC muted in the background, investors face daunting odds. They are at a tactical disadvantage, outmanned and outgunned.

We Have Met the Enemy and They Is Us

That is even before we meet your third opponent, perhaps the most difficult one to conquer of all:

You.

You are your own third opponent. And, you may be the opponent you understand the least of all three. It is more than time constraints, lack of discipline, and asymmetrical information that challenges you. The biggest disadvantage you have is that melon perched atop your 3rd opponent?s neck. It is your big ole brain, and unless you do something about it, it is going to lose all of your money for you.

See it? There. Sitting right behind your eyes and between your ears. That ?thing? you hardly pay any attention to. You just assume it knows what it?s doing, works properly, doesn?t make too many mistakes. I hate to disabuse you of those lovely notions; but no, sorry, it does not work nearly as well as you assume. At least, not when it comes to investing. The wiring is an historical remnant, hardly functional for modern living. It is overrun with desires, emotions, and blind spots. Its capacity for cognitive error is nearly endless. It was originally developed for entirely other purposes than risk assessment in capital markets. Indeed, when it comes to money, the way most investors use those 100 billion neurons or so of grey matter, they might as well not even bother using their brains at all.

Let me give you an example. Think of any year from 1990-2005. Off of the top of your head, take a guess how well your portfolio did that year. Write it down ? this is important (that big dumb brain of yours cannot be trusted to be honest with itself). Now, pull your statement from that year and calculate your gains or losses.

How?d you do? Was the reality as good as you remembered? This is a phenomenon called selective retention. When it comes to details like this, you actually remember what you want to, not what factually occurred. Try it again. Only this time, do it for this year ? 2011. Write it down.

Go pull up your YTD performance online. We?ll wait.

Well, how did you do? Not nearly as well as you imagined, right? Welcome to the human race.
This sort of error is much more commonplace than you might imagine. If we ask any group of automobile owners how good their driving skills are, about 80% will say ?Above average.? The same applies to how well we evaluate our own investing skills. Most of us think we are above average, and nearly all of us believe we are better than we actually are.

(Despite having taken numerous high-performance driving courses and spending a lot of time on various race tracks, I am only an average driver. I know this because my wife reminds me constantly.)

As it turns out, there is a simple reason for this. The worse we are at any specific skill set, the harder it is for us to evaluate our own competency at it. This is called the Dunning?Kruger effect. This precise sort of cognitive deficit means that areas we are least skilled at ? let?s use investing decisions as an example ? also means we lack the ability to identify any investing shortcomings. As it turns out, the same skill set needed to be an outstanding investor is also necessary to have ?metacognition? ? the ability to objectively evaluate one?s own abilities. (This is also true in all other professions.)

Unlike Garrison Keillor?s Lake Wobegon, where all of the children are above average, the bell curve in investing is quite damning. By definition, all investors cannot be above average. Indeed, the odds are high that, like most investors, you will underperform the broad market this year. But it is more than just this year ? ?underperformance? is not merely a 2011 phenomenon. The statistics suggest that 4 out of 5 of you underperformed last year, and the same number will underperform next year, too.

Underperformance is not a disease suffered only by retail investors ? the pros succumb as well. In fact, about 4 out of 5 mutual fund managers underperform their benchmarks every year. These managers engage in many of the same errors that Main Street investors make. They overtrade, they engage in ?groupthink,? they freeze up, some have been even known to sell in a panic. (Do any of these sound familiar to you?)

These kinds of errors seem to be hardwired in us. Humans have evolved to survive in competitive conditions. We developed instincts and survival skills, and passed those on to our descendants. The genetic makeup of our species contains all sorts of elements that were honed over millions of years to give us an edge in surviving long enough to procreate and pass our genes along to our progeny. Our automatic reactions in times of panic are a result of that development arc.

This leads to a variety of problems when it comes to investing in equities: our instincts often betray us. To do well in the capital markets requires developing skills that very often are the opposite of what our survival instincts are telling us. Our emotions compound the problem, often compelling us to make changes at the worst possible times. The panic selling at market lows and greedy chasing as we head into tops are a reflection of these factors.

The sort of grinding market we had in 2011 only exacerbates investor aggravation, and therefore increases poor decision making. Facts and logic go out the window, and thinking gets replaced with naked emotions. We get annoyed, angry, frightened, frustrated ? and that does not help returns. Indeed, our evolutionary ?flight or fight? response developed for a reason ? it helped keep us alive out on the savannah. But the adrenaline necessary to fight a Cro-Magnon or flee from a sabre-toothed tiger does not help us in the capital markets. Indeed, study after study suggests our own wetware works against us; the emotions that helped keep us alive on the plains now hinder our investment performance.

The problem, as it turns out, lies primarily in those large mammalian brains of ours. Our wiring evolved for a specific set of survival challenges, most of which no longer exist. We have cognitive deficits that are by-products of that. Much of our decision making comes with cognitive errors ?secretly? built in. We are often unaware we even have these (for lack of a better word) defects. These cognitive foibles are one of the main reasons that, when it comes to investing, we humans just ain?t built for it.

We Are Tool Makers

But we are not helpless. These large mammalian brains of ours can do a whole lot more than merely overreact to stimulus. We think up new ideas, ponder new tools, and create new technologies. Indeed, our ability to innovate is one of the factors that separates us from the rest of the animal kingdom.

As investors, we can use our big brains to compensate for our known limitations. This means creating tools to help us make better decisions. When battling Mr. Market ? as tough as any Cro-Magnon or sabre-toothed tiger ? it helps to be able to make informed decisions coolly and objectively. If we can manage our emotions and prevent them from causing us to make decisions out of panic or greed, then our investing results will improve dramatically.

So stop being your own third opponent. Jiu jitsu yourself, and learn how to outwit your evolutionary legacy. Use that big ole melon for a change. You just might see some improvement in your portfolio performance.

Individual Investors Have Certain Advantages Over Institutions

One final thought. Smaller investors do not realize that they possess quite a few strategic advantages ? if only they would take advantage of them. Consider these small-investor pluses:

? No benchmark to meet quarterly (or monthly), so you can have longer-term time horizons and different goals;
? You can enter or exit a position without impacting markets;
? There is no public scrutiny of your holdings and no disclosures required, so you don?t have to worry about someone taking your ideas;
? You don?t have to limit yourself to just the largest stocks or worry about position size (this is huge);
? Cost structure, fees, and taxes are within your control;
? You can reverse errors without professional consequences ? you don?t get fired for admitting a mistake;
? You can have longer-term time horizons and different goals;

And with those thoughts, good luck and good trading in 2012!

~~~

This was originally published as part of a longer piece in?Thoughts from the Frontline exactly one year ago, on January 25, 2012.

?

Source: http://www.ritholtz.com/blog/2013/01/your-three-investing-opponents-2/

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Trademark law basics

Trademark law started out as a way to protect consumers against counterfeit goods back in the 13th century. Then, in the 1870?s the United States and England set up Trademark Departments granting trademark registrations. So, now to get the rights and protection of the trademark laws you have to register your trademark. You can do this in your state, or federally. Federal trademark registration offers the most protection.

The law states that no two trademarks can be confusingly similar. This means that if consumers are confused about the origin of the product, or in other words, who made it, then there are grounds for trademark infringement. Consumer confusion requires similar trademark and similar product. So, for example, it is not trademark infringement for a dental office to call itself Macintosh Dental, even though Macintosh Computers is trademarked. It is possible for them to coexist because consumers are not going to be confused. These two brands represent significantly different products, and so they are not hurting one another by having similar names, or symbols.

In order for something to be a trademark it has to be unique in some way. There are a lot of ways this can happen. With trademark law it is important to understand there is a whole spectrum of types of trademarks. For example, there are fanciful trademarks, which are defined as ?coined? terms that had no meaning before being trademarks. So, this would be big brands like Chevron, Kodak, Starbucks. Then, there are arbitrary trademarks, which are defined as common words used in a unique way so that the word has no relationship to the product. So, for example, Amazon is an online bookstore that has nothing to do with the Amazon. Apple is a computer, not a fruit, etc. Then you have a group called suggestive trademarks, which are trademarks that allude to a quality of the product, such as Mustang for cars, or Playboy, or 7-11 (when it first opened it was open from 7am to 11 pm). Then you get a group of trademarks called descriptive trademarks, such as Vision Center for an eye and vision store, or a domain name that explains what it does, such as Rachaelswriting.com which alludes that Rachael will be writing. The kind of trademark you have will affect the laws, and infringement decisions.

Generic trademarks are harder to get, and are when the term describes a whole class of products.

Once a trademark is registered it is given a whole bunch of rights, so the registration process is not always easy.

Consider the following:485636_f260

Registration grants exclusive rights to use that trademark for that product in America. Because trademark law grants such strong rights, there is a high standard to achieve registration.
Only fanciful, arbitrary, and suggestive trademarks are considered inherently distinctive and initially entitled to registration.
It could take years before you can officially register a descriptive trademark. Descriptive trademarks can achieve registration if they achieve ?secondary meaning.? ?Secondary meaning? occurs when customers come to recognize the particular term as having a second meaning, signifying a particular brand. Such as Frosted Mini Wheats, are not just cereal, but a brand of Kellogg cereal.

Trademark law basics related links

Trademark Basics
This site has a comprehensive overview of trademark law. It has it broken down into simple segments, with links so that you can quickly and easily get to the areas of trademark law you are interested in learning about.
Trademark Law Basics
This site gives a good look at trademark law basics. It provides a break down of the various areas of trademark law you would want to know about such as trademark infringement.
?Trademark Law, an Overview?
This is an article called ?Trademark Law, an overview? It is a great source for learning the basics of trademark law. It has the most recent changes made to the law, and more.
US patent and trademark office
This is a site that is the official US patent and trademark office, and it discusses the basics that the law entails. It explains fees, using an attorney, trademark notices, and other things related to trademark laws

Video

Do You Need A Patent, Copyright or Trademark
How to preserve your trademark

This means that if you want to have the protection of trademark law, it is best to go for a suggestive, fanciful, or arbitrary trademark.

Once you have something you want trademarked, you need to get that trademark cleared. To do this, you have to be first, and you can?t be too similar to someone else?s trademark. So, if you have an idea, search relevant databases to see if a similar trademark exists, then register for it, so that you can get it, even if you do not plan to launch the product for six months.

For you to be protected by trademark laws, proper trademark usage must be enforced.

The following is a brief look at proper trademark use:

Always use Trademark as an adjective modifying a noun. Ex: Kleenex facial tissues.
Never use a trademark as a verb or a noun. Ex: You are not XEROXING a copy but photocopying on a XEROX copier, You are not asking to be handed a Kleenex, but a facial tissue of the Kleenex brand
Be aware of how you use your trademark so that ?Genercide? does not happen. For example, genercide happened to THERMOS, CELLOPHANE, and TRAMPOLINE. These are no longer trademarks, but nouns.
Always use the right trademark symbol. TM or SM can be used at any time, to denote that what you are using is a protectable trademark or service mark. However, you may want to check to make sure you are not infringing before you use this mark. r can only be used once the mark has achieved a United States trademark registration.

The basics of trademark law are defined by what a trademark is and why you would want one, so let?s take a closer look at this.

What is a trademark?

A trademark is a word, symbol, or phrase, used to identify a particular manufacturer or seller?s products and distinguish them from the products of another. As stated earlier, a trademark does not always have to be a brand name, logo, or a slogan, but in some cases includes aspects of packaging, colors, etc. These features fall generally under the term ?trade dress,? but you need to make sure if you want these covered by trademark law that they are specifically stated on your application.

These features will not be protected if they confer any sort of functional or competitive advantage. So, for example, the packaging of the Coca-Cola bottle might be trademarked, but if it is determined that the shape offers a functional advantage, such as it is easier to stack, or grip, then the trademark privileges would be lost.

Links: Trademark law basics

Trademarks & US Trademark Law | IPWatchdog.com
A trademark (which relates to goods) and a service mark (which relates to services) can be any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce.
4LawSchool Law School Outlines Bank
This site explains what trademark law is, and what it takes to be a trademark lawyer. It explains what the professional responsibilities are, and why trademark layers are important.
An outline of US copyright patent and trademark law
This is an outline of the US patent and trademark law. It explains what is included in the law, and how to get trademarked, and how to protect your trademark if you think it is being infringed upon.

Video

Why are trademarks protected?

Trademarks make it easier for consumers to know the source of the item. This means if someone uses a trademark that is not theirs, they are getting an unfair advantage in the marketplace. It also means they are benefiting from someone else?s work, time, and money. This is why it is illegal.

What sources of law govern trademarks?

Trademarks are governed by both state and federal law. The main federal statute is the Lanham Act, which was enacted in 1946 and was most recently amended in 1996.

How do you get trademark rights?

To get trademark rights you have to be the first one to use the mark, and the first one to register it with the USPTO.

What does it mean legally to register a trademark?

Although registration with the PTO is not required for a trademark to be protected, registration does confer a number of benefits to the registering party, most of which are the legal protections we have mentioned previously. Federally registering a trademark means you can use the mark nationwide. It also means that if someone infringes on it you can bring an infringement suit in federal court, and potentially recover treble damages, attorneys fees, and other remedies.

Can trademark rights be lost?

The rights to a trademark can be lost through abandonment, improper licensing or assignment, or genericity: Abandonment means you stop using the trademark and do not intend to use it in the future. Improper licensing or assignment is when a trademark is licensed (like if you franchise) without adequate quality control or supervision by the trademark owner. Genericity is when a trademark was originally distinctive can become generic over time, thereby losing its trademark protection.

Now you know the trademark law basics. In summary, the law states if you have a federally registered trademark, you can use it wherever you want. If someone infringes on your trademark, by being confusingly similar, you can take the to court for damages.

?

Source: http://themodernaccountant.com/2013/01/26/trademark-law-basics/

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ShelterBox Expands Reach in Syrian Refugee Crisis, Response Teams En Route to Jordan

International disaster relief organization, ShelterBox, is en route to Jordan after the government released an urgent appeal for aid as an ?unprecedented? amount of Syrian refugees continue to enter the country.

Sarasota, FL (PRWEB) January 25, 2013

International disaster relief organization, ShelterBox, is en route to Jordan after the government released an urgent appeal for aid as an ?unprecedented? amount of Syrian refugees continue to enter the country.

ShelterBox responds following disasters such as earthquake, flood, tsunami, hurricane, cyclone or conflict by delivering boxes of aid. Each box contains a disaster relief tent, stove, water filtration system, blankets and other items necessary to help families live independently and with dignity in the months following disaster.

Foreign Minister Nasser Judeh released a statement Thursday, requesting international aid after 20,000 Syrians crossed into the country in a single week. Judeh described the influx as ?unprecedented, larger than any other time in the last two years.?

In response to the country?s appeal, members of the highly trained ShelterBox Response Team (SRT) are en route to Jordan to assess the need for emergency shelter and other aid.

Although ShelterBox had prepositioned its aid with the Jordanian Red Crescent in December 2012, the need for additional emergency shelter and supplies is imminent.

ShelterBox first responded to the Syrian refugee crisis in October 2012, by delivering 500 boxes of winterized aid to the Domiz refugee camp in the Kurdistan region of Iraq. By December 2012, ShelterBox aid was also distributed in Syria, to a total of 710 families living families living in the Al-Salameh camp near the Turkey border.

An additional SRT is currently in Lebanon, awaiting the arrival of ShelterBoxes and assessing the need for more, in response to the Lebanese government?s request for aid earlier this month.

ShelterBox is also responding to the typhoon in the Philippines, bushfires in Australia and flooding in Nigeria.

ABOUT SHELTERBOX USA

Since 2000, ShelterBox has provided shelter, warmth and dignity following more than 200 disasters in over 85 countries. ShelterBox instantly responds to earthquake, volcano, flood, hurricane, cyclone, tsunami or conflict by delivering boxes of aid. Each iconic green ShelterBox contains a disaster relief tent for an extended family, stove, blankets and water filtration system, among other tools for survival. ShelterBox?s American affiliate, ShelterBox USA is headquartered in Sarasota, Florida. Individual tax-deductible donations to ShelterBox USA can be made at http://www.shelterboxusa.org, 941-907-6036 or via text message by sending SHELTER to 20222 for a one-time $10 donation.

Erin Holdgate
ShelterBox USA
(941) 907-6036 100
Email Information

Source: http://news.yahoo.com/shelterbox-expands-reach-syrian-refugee-crisis-response-teams-011645295.html

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Founded by First Responders, Gracious Fade Launches "Digital Time Capsule" Service

Start-up founded by U.S. service member and law enforcement professionals launches "digital time capsule" website. Co-founders Allen Karch and Kevin Conrad hope that Gracious Fade will improve the lives of people and ensure a graceful continuity of their legacy, relationships and affairs should their health, well-being or safety become compromised.

Philadelphia, PA (PRWEB) January 22, 2013

Founded by first responders, Gracious Fade recently launched its "digital time capsule" service. Gracious Fade (http://www.graciousfade.com) was derived from personal family losses and a desire to assist U.S. service members, law enforcement personnel and firefighters with their ?Just in Case? messages.

Law enforcement professionals Allen Karch and Kevin Conrad partnered with a team of technologists and Silicon Valley experts to create their digital afterlife and memorial website. Allen and Kevin share a similar vision for Gracious Fade, one that will improve the lives of people and ensure a graceful continuity of their legacy, relationships and affairs should their health, well-being or safety become compromised.

Gracious Fade differentiates itself from other memorial sites by allowing its Members to preserve their voice, imagery and messages in the first person. Gracious Fade allows its Members to control how they will be remembered.

Members can upload written messages, photographs, videos and voice messages for family and friends, which will be released to their selected Beneficiaries upon confirmation of their passing. Basic Members can upload written messages and photographs for free. Premium Members receive enhanced features, including increased storage space, voice and video upload capabilities.

Gracious Fade recognizes the sacrifices of the U.S. military, law enforcement and firefighters. In recognition of their service to our country and their communities, Gracious Fade offers a free one-year "Heroes" premium account upgrade to the men and women dedicated to these professions.

"Gracious Fade is an easy-to-use website and a "must-do" for anyone in the military or high-risk professions. It gives me great comfort that my friends and family will always know how much they mean to me."

???? -Staff Sergeant Michael S. Raley, Army National Guard, Iraq War Veteran

The Gracious Fade team hopes to provide its Members with a unique opportunity to ?Leave Nothing Unsaid??

About Gracious Fade

Gracious Fade is a "digital time capsule" service created by first responders, which preserves a Member?s voice and imagery in the first person. For more information, please visit http://www.graciousfade.com.

Kevin J. Conrad, VP & Chief Legal Officer
Gracious Fade, Inc.
267-257-8298
Email Information

Source: http://news.yahoo.com/founded-first-responders-gracious-fade-launches-digital-time-080418641.html

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AP Debate: Training needed to redesign job market

Michael Oreskes, Vice-President and Senior Managing Editor at the Associated Press (AP) moderates the session 'Creating Economic Dynamism' at the 43rd Annual Meeting of the World Economic Forum, WEF, in Davos, Switzerland, Friday, Jan. 25, 2013. (AP Photo/Anja Niedringhaus)

Michael Oreskes, Vice-President and Senior Managing Editor at the Associated Press (AP) moderates the session 'Creating Economic Dynamism' at the 43rd Annual Meeting of the World Economic Forum, WEF, in Davos, Switzerland, Friday, Jan. 25, 2013. (AP Photo/Anja Niedringhaus)

Chinese Min Zhu, Deputy Managing Director of the International Monetary Fund, U.S. professor Joseph E. Stiglitz and Vittorio Grilli, Italian Minister for Economy and Finance, from left to right, attend the Associated Press session 'Creating Economic Dynamism' during the 43rd Annual Meeting of the World Economic Forum, WEF, in Davos, Switzerland, Friday, Jan. 25, 2013. (AP Photo/Anja Niedringhaus)

U.S congressman Eric Cantor speaks in the Associated Press session 'Creating Economic Dynamism' during the 43rd Annual Meeting of the World Economic Forum, WEF, in Davos, Switzerland, Friday, Jan. 25, 2013. (AP Photo/Anja Niedringhaus)

Ali Babacan, right, Turkey's Deputy Prime Minister speaks as U.S congressman Eric Cantor looks on during the Associated Press session 'Creating Economic Dynamism' at the 43rd Annual Meeting of the World Economic Forum, WEF, in Davos, Switzerland, Friday, Jan. 25, 2013. (AP Photo/Anja Niedringhaus)

Michael Oreskes, left, Vice-President and Senior Managing Editor at the Associated Press (AP) talks to Chinese Min Zhu, Deputy Managing Director of the International Monetary Fund during the session 'Creating Economic Dynamism' at the 43rd Annual Meeting of the World Economic Forum, WEF, in Davos, Switzerland, Friday, Jan. 25, 2013. (AP Photo/Anja Niedringhaus)

DAVOS, Switzerland (AP) ? Training the youth for the challenges of a fast-changing world has to be central to any strategy to rebuild the job market following a financial crisis that's wiped out millions of middle-class jobs over the past five years.

That was the central conclusion that emerged from the annual Associated Press debate at the World Economic Forum in the Swiss village of Davos, which focused on the need to build up skills for a changing economy.

"We need a young labor force," IMF Deputy Managing Director Min Zhu said. "Government doesn't pay enough attention to training and retraining."

Amid concerns that the rich world is faced with a lost generation of young people with dismal job prospects, panelists suggested other ideas in the debate that was moderated by the AP's senior managing editor for U.S. news, Michael Oreskes. Proposals included the creation of "green" jobs to save the planet from climate catastrophe and lowering the costs of hiring first-time workers.

The International Labor Organization estimates that young people are three times more likely to be unemployed than adults, and that worldwide around 75 million youths aged between 15 and 24 are looking for work. This youth employment crisis, it says, threatens to scar "the very fabric of our societies."

Eric Cantor, a Republican Congressman from Virginia, said training is needed to give workers the tools they need for the "new labor force."

"America is a huge catalyst for growth," he said. "Workers need to be trained to get into those jobs."

He warned, however, against piling more government money on schools without coming up with a "better way" to create new skills.

An Associated Press analysis of employment data from 20 countries found that millions of mid-skill, mid-pay jobs have already disappeared over the past five years ? jobs that form the backbone of the middle class in developed countries.

That experience has left a growing number of technology experts and economists pondering whether middle-class jobs will return when the global economy recovers, or whether they have been lost forever.

Italian Finance Minister Vittorio Grilli, also at the debate, argued that technology doesn't have to be the enemy, and "will provide a second wind to advanced economies."

Young people in the job market don't all feel they're getting education that fits today's demand.

"The quality of courses is not up to standard at all," said Lucy Nicholls, a 22-year-old fashion graduate in London. She was speaking Friday in a Google hangout video chat as part of AP's Class of 2012, an exploration of Europe's financial crisis through the eyes of young graduates facing the worst downturn the continent has seen since the end of World War II.

Emerging markets may offer some ideas to the developed world in its new jobs conundrum.

Turkish Deputy Prime Minister Ali Babacan, whose country has generated 4.6 million jobs over the past five years, credited the performance on a host of innovative policies, such as paying the wages of some young people when they first enter the workforce.

"The biggest problem is the cost of entry to the job market," he said. "If an employer thinks it is less expensive to hire, then employment becomes easier."

Nobel Prize-winning economist Joseph Stiglitz suggested focusing on "green, renewable jobs" to help solve the youth unemployment crisis as well as the planet.

In Europe, where youth unemployment is a huge issue, particularly in Greece and Spain where the rate stands at over 50 percent, the job market overhaul will not be easy and certainly won't be fast.

"It's a slow process and unfortunately it's going to be a painful one," Italy's Grilli said. "It involves people changing their lives."

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/3d281c11a96b4ad082fe88aa0db04305/Article_2013-01-25-Davos%20Forum-AP%20Debate/id-6646fd719b7e40e2a9e91801d74eda62

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Trial under way in LA hip joint replacement suit

(AP) ? A California jury heard opening statements Friday in a lawsuit that accuses Johnson & Johnson of knowingly marketing a faulty hip implant that lawyers say left thousands of people with crippling problems or in need of replacement surgeries.

The fraud and negligence suit is the first of thousands of similar cases to reach trial in the United States that involve an all-metal ball-and-socket hip joint that was pulled from the market two years ago.

A lawyer for plaintiff Loren Kransky showed jurors pictures from a surgery in which black material could be seen in the patient's hip socket. Attorney Michael Kelly said the material was from pieces of metal that had flaked off of the implant.

Kelly also played a segment of a doctor's audio deposition in which he said he feared that if the material wasn't removed, Kransky would have died. The pieces of metal were causing a form of metal poisoning, he said.

Kransky, a former North Dakota prison guard, sought hip replacement to relieve arthritic pain. He received the implant in 2007 and has since has had it replaced. He listened to opening statements Friday from a front row seat.

A lawyer for Johnson & Johnson's subsidiary, DePuy Orthopedics Inc., which manufactured the metal implant, said Friday that the 64-year-old Kransky had many pre-existing medical ailments. Attorney Alexander Calfo presented a list of 16 major diseases, including kidney cancer, diabetes, high blood pressure and vascular disease as well as exposure to Agent Orange during the Vietnam War.

"Mr. Kransky did not get worse because of the (implant) and did not get better when it was removed," he said.

He added: "Hip surgery is not perfect. No material to this very day has proven to be perfect."

Calfo said the metal implant had been designed to improve on plastic and ceramic implants.

The artificial hip socket was sold for eight years to some 35,000 people in the U.S. and more than 90,000 people worldwide. New Brunswick, N.J.-based Johnson & Johnson stopped making the product in 2009 and recalled it the next year.

However, documents unsealed in the court case last week indicated that Johnson & Johnson officials were aware of problems with the device at least as far back as 2008.

Also, according to a deposition from a DePuy official, a 2011 company review of a patient registry concluded that more than one-third of the implants were expected to fail within five years of their implantation.

Johnson & Johnson has put aside around $1 billion to deal with the costs of the recall and lawsuits.

Last year, British experts at the world's biggest artificial joint registry said doctors should stop using metal-on-metal hip replacements after a study found that, after five years, about 6 percent of people who had used them needed surgery to fix or replace them.

That compares with just 1.7 to 2.3 percent of people who had ceramic or plastic joints.

Kelly said he will ask the jury to assess punitive damages at the end of the trial "to send a message to the defendants who failed to share with doctors what they knew."

He said that when DePuy Orthopedics learned the device they manufactured might be defective, "They acted in a manner that was indifferent."

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/bbd825583c8542898e6fa7d440b9febc/Article_2013-01-25-Hip%20Replacement%20Suit/id-dde2764ebb33408e829cfdcef87ddbe5

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Walmart Organizers Claim Victory In Little-Heralded Announcement ...

Walmart was quick to dismiss the Black Friday strikes at their stores as a failure, claiming it had record Black Friday sales regardless. But last week, Walmart's U.S. president and CEO Bill Simon made an announcement that led some Walmart organizers to believe they were finally handed a victory.

At the National Retail Federation's annual convention last week, Simon announced that the store was planning to make it easier for associates to work more hours, if they wanted. That got little coverage in the press, which focused on Walmart's pledge to hire 100,000 veterans and sell more Made in U.S.A. products.

Derrick Plummer, a spokesman for Making Change at Walmart, the campaign to improve conditions at the chain, said the announcement was "no coincidence," following months of campaigning by OUR Walmart, the union-backed advocacy group. In a written statement, Plummer called it "a victory for the nearly half a million Walmart workers who will be affected" and "a key victory for a cause championed from the very beginning of OUR Walmart."

Giving part-timers "first shot" at full-time

One of the most common grievances from Walmart employees has been that they are unable to work the number of hours they would like. Workers like Charlene and Greg Fletcher (pictured above) say they want to work full-time, but Walmart gave them just 32 hours in a good week.

(An employee at Walmart needs to work an average of at least 34 hours a week in order to be eligible for health benefits after 180 days on the job. Part-timers are eligible after a year, and only if they work an average of 30 hours a week.)

More: Walmart Hiring Plan Excludes Nearly 1 Million Unemployed Veterans

Walmart spokesman Kory Lunberg denied that the strikes last November had any role in the decision. "I think our president and CEO Bill Simon said it best," he remarked. "He's tired of retail jobs being put down, and retail workers. It's an opportunity to underscore the importance that associates play at Walmart. One big thing that Walmart offers is opportunity."

At the press conference, Simon said that the policy-change was in response to negative press that retail jobs, and in particular Walmart jobs, had received. He explained that Walmart is making its scheduling more transparent, so that associates could add more hours with greater ease. The world's largest retail chain is also developing a system, Simon added, to alert its associates to full-time openings at their store, or nearby ones, and will be giving those part-time employees the "first shot" at getting those jobs.

More: Walmart Black Friday Strike: Could It Slay The Retail Giant?

"We're all tired of retail jobs being put down, as if retail workers can't judge for themselves what a good job is," Simon declared at the conference. "There are some fundamental misunderstandings about jobs in retail, and we need to do a better job of explaining what opportunities we have to offer."

Walmart spokesman Lunberg couldn't say exactly what this new system of transparency and visibility would look like, however, stating that "we're still putting the final touches on that," but workers would likely see the improvements within six months.


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Source: http://jobs.aol.com/articles/2013/01/24/walmart-bill-simon-employees-full-time/

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