Einhorn case against Apple rests on rarely used legal tactic

NEW YORK (Reuters) – Hedge fund star David Einhorn wants to force Apple Inc to share some of its huge cash pile with investors, but his lawsuit rests on a U.S. securities rule that has little court precedent surrounding it.

Einhorn’s Greenlight Capital sued the iPad and iPhone maker in U.S. District Court in Manhattan on Thursday to try to prevent Apple from eliminating preferred stock from its charter. The suit is part of Einhorn’s bid to pressure Apple to use some of its $ 137 billion in cash to issue perpetual preferred shares that pay dividends to existing shareholders.

The suit contends that Apple has violated Securities and Exchange Commission rules that prohibit companies from “bundling” together unrelated matters into a single proposal for a shareholder vote.

Establishing that Apple violated the rules could be tricky. Little to no case law exists on the question, and the SEC’s own rule is relatively general with little guidance, legal experts said.

Still, James Cox, a professor at Duke University School of Law, said he thinks Einhorn “has a hell of good case.”

“I think he’s got Apple in the crosshairs,” he added, saying that it “strikes me as fairly dramatic case of bundling.”

The hedge fund manager is seeking an injunction to block a February 27 shareholder vote on the proposal, saying Apple violated Section 14 of the Securities Exchange Act of 1934. Arguments are due to be heard before U.S. District Judge Richard Sullivan on February 22. Apple has until February 15 to file a response with the court to the Greenlight complaint.

The proxy proposal at issue, Proposal No. 2, seeks to amend Apple’s articles of incorporation in three ways: by providing for majority voting for directors, establishing a par value for Apple stock, and eliminating its ability to issue preferred stock.

Einhorn is represented by law firm Akin Gump Strauss Hauer & Feld, Greenlight’s long-time outside counsel. No lawyer for Apple is yet listed on the court docket, and a representative declined to say who would represent Apple in the case.

It is unclear how Apple will respond in its formal reply to the lawsuits. On Thursday, Apple said Einhorn’s lawsuit was “misguided” and that adoption of Proposal No. 2 would not preclude preferred share issuances in future.

“Currently, Apple’s articles of incorporation provide for the issuance of ‘blank check’ preferred stock by the Board of Directors without shareholder approval,” Apple said. “If Proposal #2 is adopted, our shareholders would have the right to approve the issuance of preferred stock.”

Greenlight in its complaint said it supports two of the proposals but not getting rid of preferred stock. Einhorn deems preferred stock superior to dividends or share buybacks, and has separately put forward a proposal for an issuance of Apple preferred stock with a perpetual 4 percent dividend.

But as Apple’s proxy proposal is structured, Greenlight said, shareholders have “no choice but to either vote in favor of an amendment they oppose, or against an amendment they support.”

Few lawsuits have ever been filed challenging proposals under the rules, a situation some legal experts attributed to the normally passive nature of shareholders.

“In most cases you’re not going to get a lot of complaining about bundling,” said Brian Slipakoff, special counsel at law firm Duane Morris in Philadelphia.

In one of the few related lawsuits, the 2nd U.S. Circuit Court of Appeals in New York in 1999 recognized an implied private right of action by shareholders suing over alleged antibundling rule violations.

That precedent could back Einhorn in his legal standing to bring the case. The appeals court ruling was cited by Greenlight in additional court papers filed late on Thursday.

Francis Vasquez, a lawyer with the law firm White & Case who is not involved in the case, said Apple may argue that because the stockholder proposals in Proposal 2 are all amendments to the charter, they are properly related.

The California company has another five proposals up for a vote, which are not being challenged by Einhorn and do not involve amending Apple’s charter. Those measures focus on matters such as director elections and executive compensation.

“Apple’s first argument likely is going to be, ‘Look, these are all amendments we put in one place, they don’t have to do with the other items,’” Vasquez said.

The antibundling rules date to 1992. John Coffee, a professor at Columbia Law School, said the idea was to “prevent managements from bribing shareholders with a sweetener into voting for a proposal they would otherwise reject.”

The case is Greenlight Capital LP, et al., v. Apple Inc., U.S. District Court, Southern District of New York, 13-900.

(Reporting By Nate Raymond in New York; Additional reporting by Poornima Gupta; Editing by Martha Graybow, Tiffany Wu and Tim Dobbyn)

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American Idol: Early Favorites Eliminated in Hollywood

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American Idol

By Steve Helling

02/07/2013 at 10:30 PM EST

From left: Randy Jackson, Mariah Carey, Ryan Seacrest, Nicki Minaj and Keith Urban

Michael Becker/FOX.

At the beginning of Thursday's American Idol, there were 43 men left in the competition. The next hour was a bloodbath, with many tears and a few tantrums – as well as some standout performances. Curtis Finch Jr., for example, performed a version of Christina Perri's "Jar Of Hearts" that was arguably the strongest of the evening. It may be the season's most overdone song, yet Finch successfully infused it with a rising gospel vibe.

Like every reality show, the contestants learned valuable life lessons as they fought to stay in the game. Here are five:

1. Never Let Them See You Sweat
Paul Jolley looked like he was going to throw up when he took the stage. "I'm so nervous," he said as he fought back tears. The judges watched quietly as he pulled himself together and gave a strong performance of Carrie Underwood's "Blown Away." He advanced, but not before Nicki Minaj criticized him for showing his nerves. "You walked out so defeated and that really irritated me," she said. "Just give us one minute of professionalism."

2. Be Funny and Unexpected
Admit it: It was kind of funny watching Gurpreet Singh Sarin nail "Georgia On My Mind." The judges liked him, perhaps because he doesn't fit any mold. Neither does Charlie Askew, who worked his quirky awkwardness into an intriguing version of Gotye's "Somebody that I Used To Know," complete with a spoken-word intro. "I am obsessed with you," Minaj said, prompting Askew to respond, "Baby, I could say the same thing." She ate it up.

3. Too Much of A Good Thing Can Be Lethal
Matheus Fernandes, one of the standouts from the Los Angeles auditions, was eliminated after a shaky rendition of Kelly Clarkson's "Stronger." The 4'9" contestant made one too many self-depreciating comments about his height, prompting Minaj to say, "Sometimes things can go from being inspiring to becoming you wanting a pity party." When Carey called him a "good person," his face said it all – Fernandes knew he wouldn't be advancing to the next round. In contrast, Lazaro Arbos said nary a word about his stutter, yet he advanced easily, despite an unspectacular rendition of Lady Gaga's "Edge of Glory."

4. If You Lose, Lose Gracefully
The night's "Sour Grapes Award" goes to Papa Peachez, who performed a karaoke-worthy version of Gaga's "Yoü and I." Minaj was unimpressed. "I'm so disappointed," she said. "I don't know why you chose that song." After he was eliminated, Peachez decided he didn't want to win American Idol, after all. "This isn't the competition for me," he said. "I just don't like singing other people's songs."

5. Big Risks Can Reap Big Rewards
Nick Boddington was eliminated in Las Vegas last season, so he came back determined to take some risks. He accompanied himself on the piano while singing Grace Potter's "Stars." It was a strong performance that the judges loved.

After the dust settled, 28 contestants remained. The judges corralled them onto the stage and announced that they would eliminate eight more male contestants next week, after the ladies' auditions.

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Southern diet, fried foods, may raise stroke risk

Deep-fried foods may be causing trouble in the Deep South. People whose diets are heavy on them and sugary drinks like sweet tea and soda were more likely to suffer a stroke, a new study finds.

It's the first big look at diet and strokes, and researchers say it might help explain why blacks in the Southeast — the nation's "stroke belt" — suffer more of them.

Blacks were five times more likely than whites to have the Southern dietary pattern linked with the highest stroke risk. And blacks and whites who live in the South were more likely to eat this way than people in other parts of the country were. Diet might explain as much as two-thirds of the excess stroke risk seen in blacks versus whites, researchers concluded.

"We're talking about fried foods, french fries, hamburgers, processed meats, hot dogs," bacon, ham, liver, gizzards and sugary drinks, said the study's leader, Suzanne Judd of the University of Alabama in Birmingham.

People who ate about six meals a week featuring these sorts of foods had a 41 percent higher stroke risk than people who ate that way about once a month, researchers found.

In contrast, people whose diets were high in fruits, vegetables, whole grains and fish had a 29 percent lower stroke risk.

"It's a very big difference," Judd said. "The message for people in the middle is there's a graded risk" — the likelihood of suffering a stroke rises in proportion to each Southern meal in a week.

Results were reported Thursday at an American Stroke Association conference in Honolulu.

The federally funded study was launched in 2002 to explore regional variations in stroke risks and reasons for them. More than 20,000 people 45 or older — half of them black — from all 48 mainland states filled out food surveys and were sorted into one of five diet styles:

—Southern: Fried foods, processed meats (lunchmeat, jerky), red meat, eggs, sweet drinks and whole milk.

—Convenience: Mexican and Chinese food, pizza, pasta.

—Plant-based: Fruits, vegetables, juice, cereal, fish, poultry, yogurt, nuts and whole-grain bread.

—Sweets: Added fats, breads, chocolate, desserts, sweet breakfast foods.

—Alcohol: Beer, wine, liquor, green leafy vegetables, salad dressings, nuts and seeds, coffee.

"They're not mutually exclusive" — for example, hamburgers fall into both convenience and Southern diets, Judd said. Each person got a score for each diet, depending on how many meals leaned that way.

Over more than five years of follow-up, nearly 500 strokes occurred. Researchers saw clear patterns with the Southern and plant-based diets; the other three didn't seem to affect stroke risk.

There were 138 strokes among the 4,977 who ate the most Southern food, compared to 109 strokes among the 5,156 people eating the least of it.

There were 122 strokes among the 5,076 who ate the most plant-based meals, compared to 135 strokes among the 5,056 people who seldom ate that way.

The trends held up after researchers took into account other factors such as age, income, smoking, education, exercise and total calories consumed.

Fried foods tend to be eaten with lots of salt, which raises blood pressure — a known stroke risk factor, Judd said. And sweet drinks can contribute to diabetes, the disease that celebrity chef Paula Deen — the queen of Southern cuisine — revealed she had a year ago.

The National Institute of Neurological Disorders and Stroke, drugmaker Amgen Inc. and General Mills Inc. funded the study.

"This study does strongly suggest that food does have an influence and people should be trying to avoid these kinds of fatty foods and high sugar content," said an independent expert, Dr. Brian Silver, a Brown University neurologist and stroke center director at Rhode Island Hospital.

"I don't mean to sound like an ogre. I know when I'm in New Orleans I certainly enjoy the food there. But you don't have to make a regular habit of eating all this stuff."

___

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

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Oil, copper, Asian shares gain on solid China trade data

TOKYO (Reuters) - Oil, copper and Asian shares rose on Friday after China's strong trade data set the scene for economic recovery, although investors opted to book profits before next week's Chinese new year holidays, limiting gains.

European markets are seen climbing, with financial spreadbetters predicting London's FTSE 100 <.ftse>, Paris's CAC-40 <.fchi> and Frankfurt's DAX <.gdaxi> would open up around 0.5 percent. A 0.2 percent drop in U.S. stock futures pointed to a steady Wall Street start. <.l><.eu><.n/>

The MSCI's broadest index of Asia-Pacific shares outside Japan <.miapj0000pus> added 0.3 percent, wiping earlier losses as bearish sentiment was carried over overnight after European Central Bank President Mario Draghi noted risks still facing the euro zone economy.

The pan-Asian index rose to a 18-month high on Monday. After starting 2013 with a 2.4 percent weekly gain, the index has consolidated in a range between a 0.8 percent rise and a 0.8 percent fall, and looked set for a weekly loss of 0.6 percent.

China said its exports grew 25.0 percent in January from a year ago, the strongest showing since April 2011 and well ahead of market expectations for a 17 percent rise, while imports also beat forecasts, surging 28.8 percent on the year.

"China's economic conditions are improving and the trade data confirms the continuation of a recovery trend. Not just the trade data but retail, production and investment flows clearly show that the economy bottomed out in the third quarter last year," said Hirokazu Yuihama, a senior strategist at Daiwa Securities in Tokyo.

Australian shares rallied 0.7 percent to 34-month highs, led by financial and mining stocks. South Korean shares <.ks11> jumped 1 percent, on track to reverse six losing sessions as investors bought up battered shares after recent declines.

Japan's Nikkei stock average <.n225> snapped a 12-week winning streak to close down 1.8 percent as investors took profits from the index's surge to its highest level since October 2008 on Wednesday. Japanese markets will be closed on Monday for a public holiday. <.t/>

"Asian markets are undergoing a pre-holiday adjustment, keeping prices top-heavy, with many opting to book profits. Prices have gained sharply over the past months, so a correction is healthy. But the upward trend in Asian equities markets remains intact," Daiwa's Yuihama said.

Chinese markets are closed next week for the Lunar New Year holiday, while Hong Kong will resume trading on Thursday.

EURO STEADIES

The euro steadied at $1.3397, after slumping to a two-week low of $1.33705 on Thursday as investors took Draghi's comments as signaling concerns about the euro and Europe's growth outlook. The euro scaled a 14-1/2-month high of $1.3711 last week.

Draghi said the ECB will monitor the economic impact of a strengthening euro, feeding expectations the currency's climb could open the door to an interest rate cut. But he also said the euro's appreciation suggested confidence in the currency was returning.

Spain has already secured more than 18 percent of its full-year medium- and long-term funding target, thanks to strong investor demand as worries about Madrid's financing ability eased.

"Currencies are increasingly becoming part of the policy debate...In the case of the EUR, we believe that the bullish 'overshooting' trend will remain intact as ECB policy continues to promote an asset market friendly environment," Morgan Stanley said in a note.

It added that anticipation of the Bank of Japan's expected bolder easing steps is set to keep the weak yen trend going, supporting global risk appetite.

The dollar fell 0.4 percent to 93.25 yen but not far from 94.075 yen, its highest since May 2010 on Wednesday. The euro eased 0.4 percent to 124.93 yen, after touching its strongest since April 2010 of 127.71 on Wednesday.

Friday's data showing Japan logged a current account deficit for a second straight month in December for its smallest annual surplus on record - evidence of deteriorating trade balances, which support the case for yen selling.

"Japan will remain a nation of current account surpluses but the surplus will not be as high as it used to be," said Takeshi Minami, chief economist at Norinchukin Research Institute in Tokyo.

Upbeat economic reports from China, the world's top consumer of raw materials, lifted industrial commodities on a more robust demand outlook.

London copper rose for the first time in four sessions, up 0.6 percent to $8,245 a metric ton (1.1023 tons).

Brent futures rose towards $118 per barrel, heading for a fourth weekly gain and U.S. crude futures rose 0.3 percent to $96.10.

"The (China) numbers are stronger than expected, which is an encouraging sign," said Ric Spooner, chief market analyst at CMC Markets in Sydney. "(But) we will need to wait until March to start getting a better sense of the medium-term trend on China."

Spot gold regained its footing and traded up 0.1 percent at $1,671.80 an ounce after falling on Thursday as the euro weakened. Industrial metals, platinum and palladium, retreated from 17-month highs.

(Additional reporting by Ramya Venugopal in Singapore; Editing by Eric Meijer)

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China Denies Directing Radar at Japanese Military

HONG KONG - China on Friday denied directing a radar capable of aiding weapon strikes at a Japanese naval vessel and helicopter near disputed islands, instead accusing Japan of fanning tensions, in the latest exchange to lay bare festering discord between the two countries.

The Chinese Ministry of Defense’s account of the two incidents stood starkly at odds with one given on Tuesday by Japan’s Ministry of Defense, which said that on Jan. 30 a Chinese military vessel trained a radar used to help direct weapons on a Japanese naval destroyer near the islands in the East China Sea. Japan also said that a Chinese frigate directed the same kind of radar at one of its military helicopters on Jan. 19.

Because using such “fire-control” radar can precede an attack, the Japanese defense minister. Itsunori Onodera, said that a misstep “could have pushed things into a dangerous situation.”

China’s first substantial response to the allegations amounted to a wholesale denial – which only deepened the puzzle of what happened, and who made any of the alleged decisions to use the radar. Japan promptly rejected the statement.

When Chinese naval vessels encountered the helicopter and destroyer in the East China Sea, their radar had “maintained normal observational alertness, and there was no use of fire-control radar,” said a statement issued on the Chinese defense ministry’s Web site on Friday. The statement was first issued by state media late on Thursday Beijing time. It did not explain what was meant by “normal observational alertness.”

“The Japanese claim that Chinese naval vessel fire-control radars had aimed at a Japanese vessel and craft is out of step with the facts,” said the Chinese defense ministry.

The Chinese defense ministry accompanied its denial with accusations that Japan was to blame for any unnervingly close encounters between their ships and aircraft in the East China Sea area.

“The Japanese side has recently incessantly issued falsehoods that distort and malign the normal combat preparedness training of Chinese military forces,” it said. Japan was “deliberately creating a tense atmosphere and misleading international opinion,” the Chinese defense ministry said.

The Chinese Foreign Ministry said on Thursday that a “competent department” was investigating the Japanese allegations.

The contested islands are called the Diaoyu in China and the Senkaku in Japan. They are controlled by Japan, but both China and Taiwan maintain that history and international law give them rightful claim.

Long-standing tensions over the disagreement flared in September, when the Japanese government purchased three of the five islands from a private owner, a step that China said amounted to a provocative denial of its territorial claims. Torrid and sometimes violent protests broke out in dozens of Chinese cities.

In the months since, the Chinese government has underscored its claim to the islands by sending government vessels and military ships and aircraft in their vicinity in a cat-and-mouse contest with Japanese Coast Guard ships. Tensions mounted in January, when both countries sent fighter jets over the East China Sea at the same time.

In Tokyo, Japan’s Chief Cabinet Secretary Yoshihide Suga responded Friday at a news conference, saying, "We cannot accept China’s explanation."

“We urge China to take sincere measures to prevent dangerous actions which could cause a contingency situation," he said.

For all China’s vehemence, the statement by its defense ministry about the radar suggested that senior officials in Beijing want to avoid an escalating quarrel, said Denny Roy, a senior fellow at the East-West Center in Honolulu who researches security issues in the Asian region.

“I think it’s a positive development that the Chinese would deny doing this, as opposed to saying, ‘Yes we did it, and we’ll do it again, and maybe we’ll do more than that next time’,” said Mr. Roy. “For the Chinese to not want to be portrayed as an aggressor, I think, is a good sign.”

China’s opaque and deeply secretive politics made it difficult to say whether any decision to use the fire-control radar came from the top of the Communist Party leadership or lower rungs of the military, Mr. Roy said. Many experts believe that “such a decision is not likely to be made by the local commander,” he said.

“But that doesn’t discount the possibility that somebody caught up in a situation could make the decision themselves,” Mr. Roy said.

Bree Feng and Patrick Zuo provided research from Beijing.

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LibreOffice, a Free Alternative to Office, Is New and Improved

I understand that some people need Microsoft Office – that for the sake of compatibility, familiarity and features, nothing else will do.

But anyone who doesn’t feel that way should consider trying LibreOffice, a free, open-source alternative. The new version, LibreOffice 4, offers better compatibility and more features than the previous version, along with lots of under the hood improvements.

I’ve been a happy LibreOffice 3 user for about a year, and I wouldn’t say the new version is a drastic change — at least not on its face. Perhaps the most significant new feature is the ability to attach comments to a range of text, not just a single point, which will help improve compatibility with Office documents.

But the lack of flashy changes is okay, I think. While Microsoft seems to make a point of shaking up the look and feel of each new version of its Office suite, part of LibreOffice’s allure is how it stays the same. (In fact, if you hated the Ribbon layout of Office 2007 and beyond, I’d argue that LibreOffice is just the respite you’re looking for.)

Like I said, not everyone will be able to work with LibreOffice. But in my experience it handles basic compatibility very well. It supports all Office file formats, has all the major features you might expect, and gets the job done for typical document and spreadsheet editing. Give it a shot if your office software needs don’t justify Microsoft’s $ 140-and-up asking price.

Linux/Open Source News Headlines – Yahoo! News

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American Idol: It's a Guys' Night in Hollywood

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American Idol

By Jamie Bufalino

02/06/2013 at 11:00 PM EST

From left: Randy Jackson, Mariah Carey, Ryan Seacrest, Nicki Minaj and Keith Urban

George Holz/FOX

Caution: Contains spoilers!

"It does feel a bit like The Hunger Games," said Keith Urban, ramping up the drama as American Idol kicked off the first day of Hollywood Week. Although producers didn't unleash any tracker jackers on the contestants, they did throw in a couple unexpected twists: This season the week started off as a guys-only competition (the girls arrive in Hollywood next week), and after surviving a round of sudden death solo sing-offs, contestants would then be put into groups from which they couldn't escape.

During the solo round, the standouts included two memorable contestants from the nationwide auditions. First up, Navy man Micah Johnson, who developed a speech impediment after suffering through a botched surgery to remove his tonsils. After a rousing rendition of Elton John's "Bennie and the Jets," Johnson was the first to get the green light to the next round.

Joining him soon after was Cuban-American Lazaro Arbos, a 21-year-old ice cream scooper from Naples, Fla., who speaks with a severe stutter but sings with ease. Although Arbos admitted to being both "scared" and "petrified," he quickly won the judges over – Nicki Minaj made her fingers into a heart-shape while he sang – with his take on the Robbie Williams hit, "Angels."

When it came time to form groups of four, the Idol producers threw a few more curveballs – such as pairing a couple of country crooners with two flamboyant (think glitter and faux fur) dudes Ryan Seacrest described as the show's "resident divas."

The result: a quartet that dubbed themselves Country Queen, which delivered a train wreck of a performance. Still, somehow three of the four made it through.

Meanwhile, Arbos's group experience also proved to be a bit of a disaster – which some of his cohorts blamed on his inability to quickly learn the lyrics and melody to the Beach Boys hit "Wouldn't It Be Nice." Although his main nemesis got the boot, a tearful Arbos got the chance to sing another day.

The day of auditions came to a close with what was possibly the most heartbreaking Idol exit ever. New York City subway singer Frankie Ford got a case of the jitters before going on stage, then proceeded to screw up the lyrics and sing off key – leaving the judges no choice but to pull the plug on his dreams. Before walking off into the night, a sobbing Ford stared into the camera and said, "I swear to God I'm coming back next year and I'm going to win."

There will be more solos Thursday (8 p.m. ET), as the judges have to whittle the 43 men left in the competition down to 20 lucky fellas.

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New whooping cough strain in US raises questions

NEW YORK (AP) — Researchers have discovered the first U.S. cases of whooping cough caused by a germ that may be resistant to the vaccine.

Health officials are looking into whether cases like the dozen found in Philadelphia might be one reason the nation just had its worst year for whooping cough in six decades. The new bug was previously reported in Japan, France and Finland.

"It's quite intriguing. It's the first time we've seen this here," said Dr. Tom Clark of the Centers for Disease Control and Prevention.

The U.S. cases are detailed in a brief report from the CDC and other researchers in Thursday's New England Journal of Medicine.

Whooping cough is a highly contagious disease that can strike people of any age but is most dangerous to children. It was once common, but cases in the U.S. dropped after a vaccine was introduced in the 1940s.

An increase in illnesses in recent years has been partially blamed on a version of the vaccine used since the 1990s, which doesn't last as long. Last year, the CDC received reports of 41,880 cases, according to a preliminary count. That included 18 deaths.

The new study suggests that the new whooping cough strain may be why more people have been getting sick. Experts don't think it's more deadly, but the shots may not work as well against it.

In a small, soon-to-be published study, French researchers found the vaccine seemed to lower the risk of severe disease from the new strain in infants. But it didn't prevent illness completely, said Nicole Guiso of the Pasteur Institute, one of the researchers.

The new germ was first identified in France, where more extensive testing is routinely done for whooping cough. The strain now accounts for 14 percent of cases there, Guiso said.

In the United States, doctors usually rely on a rapid test to help make a diagnosis. The extra lab work isn't done often enough to give health officials a good idea how common the new type is here, experts said.

"We definitely need some more information about this before we can draw any conclusions," the CDC's Clark said.

The U.S. cases were found in the past two years in patients at St. Christopher's Hospital for Children in Philadelphia. One of the study's researchers works for a subsidiary of Johnson & Johnson, which makes a version of the old whooping cough vaccine that is sold in other countries.

___

JournaL: http://www.nejm.org

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Asian shares, euro pause ahead of ECB decision

TOKYO (Reuters) - Asian shares and the euro paused from recent gains on Thursday, as investors awaited the European Central Bank's policy meeting later in the day and President Mario Draghi's view on euro zone growth prospects, optimistic that the worst may be over.

"Risk assets traded heavily as market participants exercise caution ahead of the ECB, particularly with Europe's political crisis hampering sentiment," said Stan Shamu, market strategist at IG Markets. "There has been growing talk of currency wars lately and some are now saying the eurozone will soon consider a fixed rate for the single currency."

European markets are seen in tight ranges, with financial spreadbetters predicting London's FTSE 100 <.ftse>, Paris's CAC-40 <.fchi> and Frankfurt's DAX <.gdaxi> would open flat to up 0.1 percent. A 0.1 percent drop in U.S. stock futures suggested a soft Wall Street start. <.l><.eu><.n/>

Japan's Nikkei stock average <.n225> ended down 0.9 percent, retreating from its highest level since October 2008 that it scaled on Wednesday as investors took a break from selling the yen. <.t/>

But shorter-dated Japanese government debt rallied, sending 5-year government bond yields to a record low of 0.135 percent and 5-year yields to their lowest since September 2002 at 0.030 percent, on expectations that the central bank will cut interest rates to zero.

The yen's broad weakness has been driven by expectations for radical reflationary policy from the Bank of Japan, under Prime Minister Shinzo Abe's push for a mix of anti-deflation policies.

"Hopes for 'Abenomics' are supporting the mood, but investors are also sensitive to the currency moves, so right now, even slight uncertainty on Europe can be a reason to pull back," said Hiroichi Nishi, an assistant general manager at SMBC Nikko Securities.

The MSCI's broadest index of Asia-Pacific shares outside Japan <.miapj0000pus> was down 0.1 percent near a one-week low, after reaching a 18-month high on Monday.

Shanghai shares <.ssec> were set to break an eight-day rising streak, as investors booked profits on Chinese financials after the central bank stressed the need to tackle inflation and speculative housing demand.

Australian shares gained 0.3 percent, outperforming their Asian peers, on a rise in index heavyweights National Australia Bank and Telstra Corp which reported higher earnings. Australian headline job figures for January beat market expectations.

Recent data suggesting a moderate global economic recovery, even if it lacked strong momentum, underpinned industrial metals, keeping London copper prices near four-month highs and platinum and palladium near their highest level in 17 months on hopes of improved demand.

Data from deflation-swamped Japan was also positive, with the country's core machinery orders surging unexpectedly in December for a third straight month of increases, with firms expecting further improvement in the first quarter.

But analysts said Asian economies were still relying on exports to power their way to growth.

"One of the pillars of our bullish view on Asian currencies at the start of the year was the theme of global rebalancing, in which Asian economies would move away from export-dependent growth models towards a more domestic demand-driven model, allowing their currencies to appreciate to dampen their export competitiveness in favor of stronger terms of trade," said Morgan Stanley in a research note.

"However, Asian economies have been slower in the rebalancing process than we had envisioned, as seen by the heavy physical and verbal FX intervention this year."

FATE OF DRAGHI MAGIC

Growing optimism that the euro zone economy may be nearing a bottom has propelled the euro to a 14-1/2-month high against the dollar, a 34-month peak against the yen and 15-month top on sterling.

The ECB is expected to keep interest rates at a record low 0.75 percent at later on Thursday. Traders will focus on any comments about the euro's recent strength as well as the bank's view on the euro zone economy.

Vassili Serebriakov, strategist at BNP Paribas, said the ECB will likely reason that the euro's strength is due to real improvement in the financial markets and economic outlook, and thus does not warrant immediate action.

Draghi's strong verbal commitment to defend the euro and the ECB's new bond-buying scheme to help ease funding strains in highly-indebted euro zone members had significantly reduced risks of the region crumbling under the weight of its debt woes.

But a corruption scandal in Spain and uncertainty over the outcome of an Italian election later this month brought market focus back to the region's potential political instability.

"The scandal stirs memories of past scandals, and there's the possibly that it, too, could become a bigger matter, so this is making some investors cautious," said Kimihiko Tomita, head of forex at State Street in Tokyo.

The euro steadied around $1.3526, off a 14-1/2-month high against the dollar of $1.3711 hit last week.

The dollar eased 0.1 percent to 93.57 yen after touching 94.075 yen, its highest since May 2010 on Wednesday. The euro steadied at 126.60 yen, off Wednesday's 127.71 yen, its strongest since April 2010.

U.S. crude rose 0.1 percent to $96.76 a barrel and Brent also added 0.2 percent to $116.90.

(Additional reporting by Ayai Tomisawa and Lisa Twaronite in Tokyo; Editing by Sanjeev Miglani and Eric Meijer)

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IHT Rendezvous: In Worldwide Soccer Corruption Scandal, an Asian Tie

BEIJING — Soccer is probably the world’s most popular sport, commanding billions-strong audiences from slums to palaces. It may also be the world’s most corrupt sport, with the epicenter of the global corruption in Asia, investigators said this week.

The problem is illegal gambling that is tied to corruption and match fixing, said Chris Eaton, a former head of security at FIFA, the world soccer organization based in Switzerland, and now the director of the International Center for Sport Security in Qatar. Asia was attractive to criminals in this area for its lax regulation, he said, and the biggest gambling houses each transacted $2 billion a week. “It’s all done with algorithms and machines, almost like any commodity house in the U.S. or London,” he said.

Soccer gambling “is bigger than Coca-Cola, which is a trillion a year. This is a global economy, a growing global economy, and it needs to be regulated and supervised, and governments aren’t doing this,” Mr. Eaton said in one of a series of Reuters reports this week documenting the scandal.

On Monday, European police said hundreds of matches, including some involving the World Cup, the European Championships and the Champions League, may have been fixed in a global betting scam largely run from Singapore, the Southeast Asian nation with a normally squeaky-clean image.

This colorful account on the investigative Web site Invisible Dog offers apparent details of a trail that it said began with a goalkeeper in an Italian third division team and led to gambling masterminds in Singapore.

If the brains are in Singapore, the three largest gambling houses in Asia, IBCBET, SBOBET and 188BET, are in Manila in the Philippines, Reuters reported. Their operations were “very opaque” and what was known of them came from talking to people familiar with their workings, as there was no government record, Mr. Eaton, the soccer security expert, told Reuters.

“You have under-regulated, gray-area gambling where the regulators are not really serious, transparency rules are not to best practice and government oversight is almost nonexistent,” he said.

Exactly how it works was explained by Laszlo Angeli, a Hungarian prosecutor cited by the news agency, who drew on an example of a member of a gambling syndicate in Hungary.

“The Hungarian member, who was immediately below the Singapore head, was in touch with Hungarian referees who could then attempt to swing matches at which they officiated around the world,” he said. Accomplices would place bets on the Internet or by phone with bookmakers in Asia.

So far, the German police have concrete proof of 8 million euros ($11 million) in gambling profits from the match fixing, but this is probably the tip of the iceberg, experts say.

In response, FIFA has set up an online reporting site that guarantees anonymity to whistleblowers.

But Asian nations must work together to counter the gangs that run operations, said an analyst quoted by Reuters.

“There has to be collective effort from law enforcement agencies in Asia and beyond to address this issue,” said B.C. Tan, head of organized crime research at World-Check, a risk analysis firm.

In January, 41 South Korean players involved in match fixing were banned for life from the game by FIFA, extending earlier sanctions against them (though 21 were offered a reprieve, according to reports.) Three South Koreans involved in the scandal have committed suicide, this report said.

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