Tech Companies and Immigrant Advocates Press for Broad Changes in Law





SAN FRANCISCO — What do computer programmers and illegal immigrants have to do with each other?




When it comes to the sweeping overhaul of the nation’s immigration laws that Congress is considering this year, the answer is everything.


Silicon Valley executives, who have long pressed the government to provide more visas for foreign-born math and science brains, are joining forces with an array of immigration groups seeking comprehensive changes in the law. And as momentum builds in Washington for a broad revamping, the tech industry has more hope than ever that it will finally achieve its goal: the expanded access to visas that it says is critical to its own continued growth and that of the economy as a whole.


Signs of the industry’s stepped-up engagement on the issue are visible everywhere. Prominent executives met with President Obama last week. Start-up founders who rarely abandon their computers have flown across the country to meet with lawmakers.


This Tuesday, the Technology CEO Council, an advocacy organization representing companies like Dell, Intel and Motorola, had meetings on Capitol Hill. On Wednesday, Steve Case, a founder of AOL, is scheduled to testify at the first Senate hearing this year on immigration legislation, alongside the head of the deportation agents’ union and the leader of a Latino civil rights group.


“The odds of high-skilled passing without comprehensive is close to zero, and the odds of comprehensive passing without high-skilled passing is close to zero,” said Robert D. Atkinson, president of the Information Technology and Innovation Foundation, a nonpartisan research group based in Washington.


The push comes as a clutch of powerful Senate Republicans and Democrats have reached a long-elusive agreement on some basic principles of a “comprehensive” revamping of immigration law. Separately, a bipartisan bill introduced in the Senate in late January focuses directly on the visa issue.


The industry’s argument for more so-called high-skilled visas has already persuaded the president.


“Real reform means fixing the legal immigration system to cut waiting periods, reduce bureaucracy, and attract the highly-skilled entrepreneurs and engineers that will help create jobs and grow our economy,” Mr. Obama said in Tuesday’s State of the Union speech.


In a speech in Las Vegas in January in which he introduced his own blueprint for overhauling immigration law, Mr. Obama embraced the idea that granting more visas was essential to maintaining innovation and job growth. He talked about foreigners studying at American universities, figuring out how to turn their ideas into businesses.


In part, the new alliance between the tech industry and immigration groups was born out of the 2012 elections and the rising influence of Hispanic voters.


“The world has changed since the election,” said Peter J. Muller, director of government relations at Intel, pointing out that the defeat of many Republican candidates had led to a softening of the party’s position on broad changes to immigration law. “There is a focus on comprehensive. We’re thrilled by it.”


“At this point,” he added, “our best hope for immigration reform lies with comprehensive reform.”


Mr. Case, the AOL co-founder, who now runs an investment fund, echoed that sentiment after meeting with the president last Tuesday.


“I look forward to doing whatever I can to help pass comprehensive immigration reform in the months ahead,” he said, “and ensure it includes strong provisions regarding high-skilled immigration, so we are positioned to win the global battle for talent.”


That sort of sentiment delights immigrants’ rights advocates who have banged their heads against the wall for years to rally a majority of Congress around their agenda.


“The stars are aligning here,” said Ali Noorani, executive director of the National Immigration Forum. “You’ve got the politics of immigration reform changing. You’ve got tech leaders leaning in not just for high-skilled but for broader immigration reform.”


Senator Orrin G. Hatch, Republican of Utah, who is co-sponsoring the bill to increase the number of visas available for highly skilled immigrants, said the cooperation went both ways.


“All the talk about the STEM field — science, technology, engineering, mathematics — has awakened even those who aren’t all that interested in the high-tech world,” he said.


While the growing momentum has surprised many in Washington, comprehensive change is still not a sure thing, especially in the Republican-controlled House.


Mr. Hatch said he would push forward with his measure even if the broader efforts foundered. But his Democratic co-sponsor, Amy Klobuchar of Minnesota, said she would press for the bill to be part of the comprehensive package.


Last year, technology executives had a taste of what could happen with stand-alone legislation.


Julia Preston contributed reporting from New York.



This article has been revised to reflect the following correction:

Correction: February 13, 2013

An earlier version of this article misstated the current basic annual cap for H-1B visas. It is 65,000 a year, not 60,000.




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High stakes if Apple e-books antitrust case goes to trial


NEW YORK (Reuters) - As the only remaining defendant in the U.S. government's e-books antitrust case, Apple Inc appears headed for a high-stakes trial that could significantly increase the personal computer company's liability in related litigation.


Apple faces a June 3 trial date over civil allegations by the U.S. Department of Justice that it conspired with five publishers to raise the price of e-books and to fight the dominance of Amazon.com Inc.


On Friday, Macmillan became the fifth and final publisher to settle with the government. The Justice Department alleges that Apple came to agreements with each of the publishers meant to ensure that e-book prices at its iBookstore and other retailers would remain higher than those offered by Amazon.com.


At the Apple trial, to be overseen by U.S. District Judge Denise Cote in Manhattan, the Justice Department will seek not monetary damages but a judicial decree that Apple violated antitrust law, court papers said.


Among other things, government lawyers want the judge to issue an order enjoining Apple from engaging in any conduct similar to that alleged in the case. Such a judgment could make Apple vulnerable to steep damages in related litigation.


Apple and the publishers also face a class-action suit filed on behalf of consumers and a similar suit filed by dozens of state attorneys general. Neither suit puts a figure on the exact amount of damages sought.


The Consumer Federation of America estimated in a letter last year to the Senate antitrust subcommittee that e-book price fixing would likely cost consumers more than $200 million in 2012. State and federal antitrust laws allow plaintiffs to recover triple the amount of actual damages established at trial.


If Apple loses against the Justice Department, those plaintiffs would be in a "powerful position" to win their cases, according to Harry First, a professor at New York University School of Law specializing in antitrust.


Under the Clayton Act, an antitrust statute, plaintiffs can use judgments obtained by the U.S. government as evidence against defendants.


If Apple loses, it is unclear whether both the states and the private plaintiffs will be able to seek and recover damages for the same conduct.


By contrast, if Apple were to prevail, it would cause "a lot more trouble" for the plaintiffs in the other cases, First said.


Apple declined to comment. It still may settle with the U.S. government.


In December, Apple and four publishers came to an agreement with European Union regulators over their antitrust probe into e-books. The fifth publisher, Pearson Plc's Penguin group, also under investigation, was not part of the European deal announced in December.


LITTLE TO GAIN


Apple may have little to gain by going to trial in the United States, according to some legal experts.


Under settlements with the Justice Department, the five publishers were required to terminate or not renew deals with Apple and other retailers that the government claimed were anti-competitive.


Apple and the government have less to argue over since those deals have been undone, Daniel Crane, a law professor at the University of Michigan Law School, said.


"What are they fighting over?" he said.


Crane added that Apple may be interested in going to trial to establish an antitrust principle that might help other aspects of its business such as content deals with entertainment companies.


The trial would be a big test for the Justice Department's Antitrust Division, which has sought to enhance its reputation for its trial capabilities under the Obama administration.


The government has been represented by Mark Ryan, who is director of litigation, a new position in the Antitrust Division. Ryan, who began in January 2012, was hired by Joseph Wayland, the former acting assistant attorney general for the Antitrust Division.


Last year Wayland cited Ryan in a speech about the Antitrust Division's focus on enhancing its litigation capabilities. Under the Obama administration, the Antitrust Division has scored a number of high-profile trial victories, including a criminal price-fixing case against Taiwan-based AU Optronics Corp last year and a successful challenge of H&R Block Inc's acquisition of 2SS Holdings Inc, developer of the TaxACT digital tax preparation business, in 2011.


Apple is represented by lawyers at Gibson, Dunn & Crutcher. One of the law firm's attorneys who recently made an appearance in the case, Orin Snyder, won a favorable settlement last year for Voom HD Holdings, once a unit of Cablevision, following a trial against Dish Network.


Voom sued Dish for $2.4 billion alleging it violated a 15-year contract to carry a suite of high-definition channels, including those devoted to Kung Fu and video games. Under the settlement, Dish agreed to pay $700 million to Cablevision and AMC Networks, which Cablevision spun off last year.


The case is United States v. Apple Inc et al, U.S. District Court, Southern District of New York, No. 12-02826.


(Reporting by Andrew Longstreth; Editing by Howard Goller and Eric Beech)



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Eric Church leads ACM Awards nominations with 7


NASHVILLE, Tenn. (AP) — They don't call him Chief for nothing: Eric Church is the top nominee at this year's Academy of Country Music Awards.


The rising country music star has seven nominations for the April 7 awards show in Las Vegas. Hunter Hayes is next with six, followed by Taylor Swift and Miranda Lambert at five apiece.


Swift and Lambert are up for the academy's top honor — entertainer of the year — with Lambert's husband, Blake Shelton, Jason Aldean and Luke Bryan. Swift is going for her third straight win in that category.


Shelton and Bryan will co-host the broadcast, to air live on CBS from the MGM Grand.


Along with naming nominees in a series of videos online Wednesday morning, the academy also awarded trophies in the three new artist categories. Jana Kramer is the new female vocalist of the year, Brantley Gilbert is the new male vocalist winner and Florida Georgia Line took new vocal duo or group, as voted by fans. Those three acts will now compete for new artist of the year.


Fans will continue to have a say in that category and entertainer of the year. Fans can vote in those categories beginning March 25 at http://VoteACM.com.


Hayes began an incredible run on the awards show circuit with a nomination for best new artist at the ACMs last year. He didn't win, but has since has been on a streak. He won the Country Music Association's best new artist in November, was tied with Swift as the top-nominated country artist at Sunday's Grammy Awards, where he performed, and now takes center stage in Las Vegas.


"It's amazing. That puts it in perspective," a groggy Hayes said a few minutes after his manager woke him up with the news. "I'm kind of feeling like I'm part of the family now, especially now, with this. That's such an honor, such a huge compliment. This is serious. This is for real. This says that my music's been accepted by this community and it's unbelievable — and that's one of the best feelings in the world."


Church's "Chief" is up for album of the year along with Swift's "Red," Bryan's "tailgates & tanlines," Carrie Underwood's "Blown Away" and Little Big Town's "Tornado." Jay Joyce scored a rare double in the category: He produced the Church and Little Big Town albums and will take home a trophy if either wins. He's also up for producer of the year.


"Chief," released in 2011, slipped through a loophole and into the category for the second straight year. Academy rules allow an album to be nominated outside its usual qualification period if it did the bulk of its sales during the next opening. The album reached platinum last year and currently sits at more than 1.3 million copies sold.


That album's inclusion may have cost Zac Brown Band's "Uncaged" a nomination just three days after the band took home the Grammy for best country album. Another potential nominee left off the list was Brad Paisley, who had been nominated every year since 1999.


Church also is up for male vocalist of the year with 2012 winner Shelton, Bryan, Aldean and Toby Keith. Lambert will be going for her fourth straight female vocalist of the year award with Swift, Underwood, Martina McBride and Kacey Musgraves, a newcomer who earned four nominations.


Others with four nominations include Bryan and Little Big Town. That quartet is up for vocal group of the year with Lady Antebellum, which has won the award three straight times, Zac Brown Band, Eli Young Band and The Band Perry.


Surprise 2012 vocal duo winner Thompson Square is nominated in that category again along with Sugarland, Big & Rich, Florida Georgia Line, and Love and Theft.


Church also is nominated in the song and single of the year categories for "Springsteen." Lambert's "Over You," Hayes' "Wanted," Eli Young Band's "Even If It Breaks Your Heart" and Lee Brice's "A Woman Like You" round out the song of the year category.


Lambert, EYB and Hayes join Church in the single of the year category with LBT's "Pontoon." A complete list of nominees is available at the academy's Web site.


___


Online:


http://acmcountry.com


___


Follow AP Music Writer Chris Talbott: http://twitter.com/Chris_Talbott .


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Well: Straining to Hear and Fend Off Dementia

At a party the other night, a fund-raiser for a literary magazine, I found myself in conversation with a well-known author whose work I greatly admire. I use the term “conversation” loosely. I couldn’t hear a word he said. But worse, the effort I was making to hear was using up so much brain power that I completely forgot the titles of his books.

A senior moment? Maybe. (I’m 65.) But for me, it’s complicated by the fact that I have severe hearing loss, only somewhat eased by a hearing aid and cochlear implant.

Dr. Frank Lin, an otolaryngologist and epidemiologist at Johns Hopkins School of Medicine, describes this phenomenon as “cognitive load.” Cognitive overload is the way it feels. Essentially, the brain is so preoccupied with translating the sounds into words that it seems to have no processing power left to search through the storerooms of memory for a response.


Katherine Bouton speaks about her own experience with hearing loss.


A transcript of this interview can be found here.


Over the past few years, Dr. Lin has delivered unwelcome news to those of us with hearing loss. His work looks “at the interface of hearing loss, gerontology and public health,” as he writes on his Web site. The most significant issue is the relation between hearing loss and dementia.

In a 2011 paper in The Archives of Neurology, Dr. Lin and colleagues found a strong association between the two. The researchers looked at 639 subjects, ranging in age at the beginning of the study from 36 to 90 (with the majority between 60 and 80). The subjects were part of the Baltimore Longitudinal Study of Aging. None had cognitive impairment at the beginning of the study, which followed subjects for 18 years; some had hearing loss.

“Compared to individuals with normal hearing, those individuals with a mild, moderate, and severe hearing loss, respectively, had a 2-, 3- and 5-fold increased risk of developing dementia over the course of the study,” Dr. Lin wrote in an e-mail summarizing the results. The worse the hearing loss, the greater the risk of developing dementia. The correlation remained true even when age, diabetes and hypertension — other conditions associated with dementia — were ruled out.

In an interview, Dr. Lin discussed some possible explanations for the association. The first is social isolation, which may come with hearing loss, a known risk factor for dementia. Another possibility is cognitive load, and a third is some pathological process that causes both hearing loss and dementia.

In a study last month, Dr. Lin and colleagues looked at 1,984 older adults beginning in 1997-8, again using a well-established database. Their findings reinforced those of the 2011 study, but also found that those with hearing loss had a “30 to 40 percent faster rate of loss of thinking and memory abilities” over a six-year period compared with people with normal hearing. Again, the worse the hearing loss, the worse the rate of cognitive decline.

Both studies also found, somewhat surprisingly, that hearing aids were “not significantly associated with lower risk” for cognitive impairment. But self-reporting of hearing-aid use is unreliable, and Dr. Lin’s next study will focus specifically on the way hearing aids are used: for how long, how frequently, how well they have been fitted, what kind of counseling the user received, what other technologies they used to supplement hearing-aid use.

What about the notion of a common pathological process? In a recent paper in the journal Neurology, John Gallacher and colleagues at Cardiff University suggested the possibility of a genetic or environmental factor that could be causing both hearing loss and dementia — and perhaps not in that order. In a phenomenon called reverse causation, a degenerative pathology that leads to early dementia might prove to be a cause of hearing loss.

The work of John T. Cacioppo, director of the Social Neuroscience Laboratory at the University of Chicago, also offers a clue to a pathological link. His multidisciplinary studies on isolation have shown that perceived isolation, or loneliness, is “a more important predictor of a variety of adverse health outcomes than is objective social isolation.” Those with hearing loss, who may sit through a dinner party and not hear a word, frequently experience perceived isolation.

Other research, including the Framingham Heart Study, has found an association between hearing loss and another unexpected condition: cardiovascular disease. Again, the evidence suggests a common pathological cause. Dr. David R. Friedland, a professor of otolaryngology at the Medical College of Wisconsin in Milwaukee, hypothesized in a 2009 paper delivered at a conference that low-frequency loss could be an early indication that a patient has vascular problems: the inner ear is “so sensitive to blood flow” that any vascular abnormalities “could be noted earlier here than in other parts of the body.”

A common pathological cause might help explain why hearing aids do not seem to reduce the risk of dementia. But those of us with hearing loss hope that is not the case; common sense suggests that if you don’t have to work so hard to hear, you have greater cognitive power to listen and understand — and remember. And the sense of perceived isolation, another risk for dementia, is reduced.

A critical factor may be the way hearing aids are used. A user must practice to maximize their effectiveness and they may need reprogramming by an audiologist. Additional assistive technologies like looping and FM systems may also be required. And people with progressive hearing loss may need new aids every few years.

Increasingly, people buy hearing aids online or from big-box stores like Costco, making it hard for the user to follow up. In the first year I had hearing aids, I saw my audiologist initially every two weeks for reprocessing and then every three months.

In one study, Dr. Lin and his colleague Wade Chien found that only one in seven adults who could benefit from hearing aids used them. One deterrent is cost ($2,000 to $6,000 per ear), seldom covered by insurance. Another is the stigma of old age.

Hearing loss is a natural part of aging. But for most people with hearing loss, according to the National Institute on Deafness and Other Communication Disorders, the condition begins long before they get old. Almost two-thirds of men with hearing loss began to lose their hearing before age 44. My hearing loss began when I was 30.

Forty-eight million Americans suffer from some degree of hearing loss. If it can be proved in a clinical trial that hearing aids help delay or offset dementia, the benefits would be immeasurable.

“Could we do something to reduce cognitive decline and delay the onset of dementia?” he asked. “It’s hugely important, because by 2050, 1 in 30 Americans will have dementia.

“If we could delay the onset by even one year, the prevalence of dementia drops by 15 percent down the road. You’re talking about billions of dollars in health care savings.”

Should studies establish definitively that correcting hearing loss decreases the potential for early-onset dementia, we might finally overcome the stigma of hearing loss. Get your hearing tested, get it corrected, and enjoy a longer cognitively active life. Establishing the dangers of uncorrected hearing might even convince private insurers and Medicare that covering the cost of hearing aids is a small price to pay to offset the cost of dementia.


Katherine Bouton is the author of the new book, “Shouting Won’t Help: Why I — and 50 Million Other Americans — Can’t Hear You,” from which this essay is adapted.


This post has been revised to reflect the following correction:

Correction: February 12, 2013

An earlier version of this article misstated the location of the Medical College of Wisconsin. It is in Milwaukee, not Madison.

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DealBook: Switzerland to Require Banks to Hold More Capital to Offset Mortgages

LONDON – Switzerland said on Wednesday that Swiss banks would be required to hold additional capital for residential mortgages amid concerns that the country’s booming property market was overheating.

The country, which already has more stringent capital rules for its banks than other European nations, said lenders would be required to hold an additional 1 percent of risk-weighted assets to make the financial system more stable in light of an “excessive rise in prices in the real estate market and exorbitant mortgage debt.” Banks have until Sept. 30 to comply.

Property values in Switzerland have been rising as investors spooked by the uncertainties of the economic crisis in the euro zone sought a more stable places for their money.

Greater demand for Swiss homes has pushed up prices at a time of low interest rates and led many buyers to take on larger mortgages. The Swiss central bank has been unable to cool the market by increasing borrowing rates because of an overvalued Swiss currency.

An index created by the Swiss bank UBS measuring the likelihood of a Swiss property bubble was “clearly in the risk zone,” the bank wrote in a note to investors this month.

In the final three months of 2012, house prices soared to six times the annual average Swiss household income compared with about four times in 2000, according to the bank. It called the ever-rising demand for properties not intended for personal use “remarkable.”

The government said it was following a recommendation by the Swiss National Bank to increase the capital buffers. “The sustained growth in mortgage debt and rise in real estate prices of residential properties has led to imbalances which pose a significant risk to the stability of the banking sector and to that of the economy,” the government said in a statement.

Mortgage debt has been growing faster than the economy, and mortgage volume in relation to income has reached “risky” levels, the government said, adding that residential property prices had risen more than what was justified by fundamental factors.

UBS and Credit Suisse, Switzerland’s biggest banks, both said this month that they were working on increasing their capital buffers and that the suggested increase would not change their plans.

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Marriott Marquis Deal Could Cost Taxpayers $344.9 Million, Audit Says





The Marriott Marquis, the 50-story convention hotel in Times Square, sits atop some of the most valuable land in all of New York City, if not the world.




But because of a lease signed by the Giuliani administration in 1998, Marriott can buy the property from the city for only $19.9 million, one-tenth of its current $193 million value, according to a new audit by the city comptroller, John C. Liu.


Mr. Liu said the problems with the 1998 lease could end up costing taxpayers $344.9 million in lost rent and proceeds from the sale of the property.


Marriott, whose Marquis Times Square generates more revenue than any hotel in its worldwide portfolio, also owes the city $3.6 million and failed to keep adequate records that would enable the city to determine whether it has received all the money that it is due, according to the audit.


“Even in 1998, it’s hard to imagine that property values would slump so badly,” Mr. Liu said. “There is an opportunity here to renegotiate this deal in a way that could bring millions back for taxpayers.”


Marriott and the Bloomberg administration sharply disputed the audit’s conclusions.


“The comptroller’s office did not understand the Marriott Marquis hotel deal, and its audit report is wrong on all counts,” Marriott said in a statement.


The Economic Development Corporation, a city agency, said the audit “fails to measure the significant impact the Marriott Marquis has had on the Times Square area and New York City overall.”


But Mr. Liu stood by his report, saying the audit relies on Marriott’s lease, prior audits and internal memos at the Economic Development Corporation.


Randy Levine, who was a deputy mayor in the Giuliani administration who negotiated the 1998 agreement, said he could not recall its specifics. Mr. Levine is now president of the New York Yankees.


The most striking finding in the audit is that the city appears to have drastically undervalued the land under the hotel.


The hotel, which includes over 1,900 rooms, a ballroom, exhibition and meeting space, shops and a theater, sits on the west side of Broadway, between 45th and 46th Streets. The hotel is the flagship for Marriott’s 33 hotels in New York City under nine different brands.


“Times Square is a unique market in which the sky may be the limit for land,” said Daniel F. Sciannameo, president of Albert Valuation Group, an appraiser. “Recent prices are off the charts.”


In the early 1980s, the city and the state were desperate to redevelop Times Square, then a district of T-shirt and X-rated shops and shuttered theaters that many New Yorkers avoided. With Times Square considered a risky location, government provided a menu of tax breaks and other incentives to encourage redevelopment projects by Marriott and others.


The city and the state signed a 75-year lease with Marriott in 1982 that was intended to ease the hotel’s financial burden by setting a low initial rent, a portion of which was deferred until the lease expired in 2057.


Under its original 1982 lease, Marriott had the option to buy the land for “fair market value,” after paying all deferred rent and a low-interest federal loan. The lease stipulated that each side would hire an appraiser to establish the price.


Seventeen years later in 1998, Marriott asked the Giuliani administration to revise the terms of its lease, so that it could comply with requirements for forming a real estate investment trust.


By then, Times Square was beginning to thrive.


Marriott agreed to pay $54 million to cover some deferred rent and to repay a federal loan. The city, in turn, changed the rent calculation and amended the purchase price, inserting a formula that effectively reduced it to $19.9 million, according to the audit.


Marriott contends that it does not owe the $3.6 million cited by the comptroller because the original sum had been paid in 1998.


As for the purchase option, Marriott said the annual rent payments it had made to the city should be deducted from the purchase price.


But the comptroller’s office points out that nowhere in the original lease does it say that there would be a deduction for rent payments.


But the revised 1998 lease eliminated the requirement for appraisers and instead set a price. According to the audit, the Economic Development Corporation failed to do a comparative analysis to establish whether the revised lease was in the best interests of the city.


According to internal city documents, Marriott offered to buy the property in 2010 for even less than what was stipulated in the revised lease, $10.7 million, although nothing came of it.


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Apple CEO calls Einhorn lawsuit a "sideshow"


SAN FRANCISCO (Reuters) - Apple Inc CEO Tim Cook dubbed David Einhorn's lawsuit against his company a "sideshow" but said on Tuesday the board is carefully considering the star hedge fund manager's proposal to issue preferred stock, calling it "creative."


Waving off claims that Apple is clinging to a "Depression-era" mentality, Cook said the board is in "very active discussions" on how to share more of its $137 billion hoard of cash and marketable securities.


David Einhorn is suing Apple as part of a wider effort to get the iPhone maker to share more of its cash pile, one of the largest in the technology industry. Einhorn wants it to issue perpetual preferred shares that pay dividends to existing shareholders, arguing that such a vehicle would be superior to dividends or share buybacks.


His clash with Apple revolves around a proposed change to its charter that would eliminate the company's ability to issue "blank check" preferred stock at its discretion. Apple is recommending shareholders vote in favor of that at their annual meeting on February 27.


The lawsuit, filed in the U.S. District Court of Southern District of New York, objects to how that charter change is bundled together with two other corporate governance-related proposals in "Proposal 2", in the proxy document for the annual meeting.


While Cook gave Einhorn credit for the idea, the usually calm chief executive seemed to become impatient when discussing the topic. He was dismissive of Einhorn's media and legal blitz - which included the lawsuit as well as multiple television and media interviews - terming last week's episode "bizarre".


Cook, who traded in his usual casual jeans attire for a suit jacket - said the more serious issue here was finding ways to return cash.


"This is a waste of shareholder money and a distraction and not a seminal issue for Apple. That said, I support Prop 2. I am personally going to vote for it," Cook told investors at Goldman Sachs' annual technology industry conference in San Francisco.


The conflict over Prop 2 "is a silly sideshow," he added. Cook said he found it "bizarre that we would find ourselves being sued for doing something good for shareholders."


Apple's share price has tumbled in recent months from a high of just over $700 last September. By late morning on Tuesday, the shares were down around 1.8 percent at $471.40.


Apple stock is a mainstay in many fund managers' portfolios, with research outfit eVestment estimating that 75 percent of U.S. large-cap growth managers had invested more than 5 percent of their portfolios in Apple as of the end of the third quarter of 2012.


But that also piles on the pressure on Apple to give away a bigger portion of its cash pile, pressure that is increasing as the share price declines and its outlook grows murkier.


Cook also touched on Apple's acquisition strategy, saying that the company has looked at more than one large acquisition but each time it didn't pass the company's internal test.


But it could do one in the future, if the technology fits.


"We have the management talent and depth to do it," he said. "We don't feel the pressure to go out and acquire revenue."


Cook, who rarely speaks at length in public, also addressed criticism that Apple's pace of innovation has slowed, saying that product innovation is embedded in its culture.


"It's never been stronger," he said. "There is no better place for innovation. Apple is the center of innovation."


Cook said the company was also trying to appeal to cost-conscious customers. Apple has moved to make the iPhone more affordable without introducing a specific cheaper phone by cutting prices of older models.


"We didn't have enough supply of iPhone 4 after we cut the price," he said. "It surprised us the level of demand for it."


(Additional reporting by Jennifer Saba in New York; Editing by Gerald E. McCormick and Claudia Parsons)



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Back to New Orleans: Beyonce to perform at Essence


NEW ORLEANS (AP) — Beyonce is coming back to New Orleans and back to the Superdome.


After entertaining a huge television audience in a packed dome during the Super Bowl halftime show, Beyonce is now scheduled to perform at the Essence Festival.


Festival officials said Monday that she will return to the dome to headline one of three night concerts during the festival, which is set for the Fourth of July weekend.


Beyonce joins an Essence musical line-up that also includes Jill Scott, Maxwell, New Edition, Charlie Wilson, Keyshia Cole, LL Cool J, Brandy and others.


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Well: Straining to Hear and Fend Off Dementia

At a party the other night, a fund-raiser for a literary magazine, I found myself in conversation with a well-known author whose work I greatly admire. I use the term “conversation” loosely. I couldn’t hear a word he said. But worse, the effort I was making to hear was using up so much brain power that I completely forgot the titles of his books.

A senior moment? Maybe. (I’m 65.) But for me, it’s complicated by the fact that I have severe hearing loss, only somewhat eased by a hearing aid and cochlear implant.

Dr. Frank Lin, an otolaryngologist and epidemiologist at Johns Hopkins School of Medicine, describes this phenomenon as “cognitive load.” Cognitive overload is the way it feels. Essentially, the brain is so preoccupied with translating the sounds into words that it seems to have no processing power left to search through the storerooms of memory for a response.


Katherine Bouton speaks about her own experience with hearing loss.


A transcript of this interview can be found here.


Over the past few years, Dr. Lin has delivered unwelcome news to those of us with hearing loss. His work looks “at the interface of hearing loss, gerontology and public health,” as he writes on his Web site. The most significant issue is the relation between hearing loss and dementia.

In a 2011 paper in The Archives of Neurology, Dr. Lin and colleagues found a strong association between the two. The researchers looked at 639 subjects, ranging in age at the beginning of the study from 36 to 90 (with the majority between 60 and 80). The subjects were part of the Baltimore Longitudinal Study of Aging. None had cognitive impairment at the beginning of the study, which followed subjects for 18 years; some had hearing loss.

“Compared to individuals with normal hearing, those individuals with a mild, moderate, and severe hearing loss, respectively, had a 2-, 3- and 5-fold increased risk of developing dementia over the course of the study,” Dr. Lin wrote in an e-mail summarizing the results. The worse the hearing loss, the greater the risk of developing dementia. The correlation remained true even when age, diabetes and hypertension — other conditions associated with dementia — were ruled out.

In an interview, Dr. Lin discussed some possible explanations for the association. The first is social isolation, which may come with hearing loss, a known risk factor for dementia. Another possibility is cognitive load, and a third is some pathological process that causes both hearing loss and dementia.

In a study last month, Dr. Lin and colleagues looked at 1,984 older adults beginning in 1997-8, again using a well-established database. Their findings reinforced those of the 2011 study, but also found that those with hearing loss had a “30 to 40 percent faster rate of loss of thinking and memory abilities” over a six-year period compared with people with normal hearing. Again, the worse the hearing loss, the worse the rate of cognitive decline.

Both studies also found, somewhat surprisingly, that hearing aids were “not significantly associated with lower risk” for cognitive impairment. But self-reporting of hearing-aid use is unreliable, and Dr. Lin’s next study will focus specifically on the way hearing aids are used: for how long, how frequently, how well they have been fitted, what kind of counseling the user received, what other technologies they used to supplement hearing-aid use.

What about the notion of a common pathological process? In a recent paper in the journal Neurology, John Gallacher and colleagues at Cardiff University suggested the possibility of a genetic or environmental factor that could be causing both hearing loss and dementia — and perhaps not in that order. In a phenomenon called reverse causation, a degenerative pathology that leads to early dementia might prove to be a cause of hearing loss.

The work of John T. Cacioppo, director of the Social Neuroscience Laboratory at the University of Chicago, also offers a clue to a pathological link. His multidisciplinary studies on isolation have shown that perceived isolation, or loneliness, is “a more important predictor of a variety of adverse health outcomes than is objective social isolation.” Those with hearing loss, who may sit through a dinner party and not hear a word, frequently experience perceived isolation.

Other research, including the Framingham Heart Study, has found an association between hearing loss and another unexpected condition: cardiovascular disease. Again, the evidence suggests a common pathological cause. Dr. David R. Friedland, a professor of otolaryngology at the Medical College of Wisconsin in Milwaukee, hypothesized in a 2009 paper delivered at a conference that low-frequency loss could be an early indication that a patient has vascular problems: the inner ear is “so sensitive to blood flow” that any vascular abnormalities “could be noted earlier here than in other parts of the body.”

A common pathological cause might help explain why hearing aids do not seem to reduce the risk of dementia. But those of us with hearing loss hope that is not the case; common sense suggests that if you don’t have to work so hard to hear, you have greater cognitive power to listen and understand — and remember. And the sense of perceived isolation, another risk for dementia, is reduced.

A critical factor may be the way hearing aids are used. A user must practice to maximize their effectiveness and they may need reprogramming by an audiologist. Additional assistive technologies like looping and FM systems may also be required. And people with progressive hearing loss may need new aids every few years.

Increasingly, people buy hearing aids online or from big-box stores like Costco, making it hard for the user to follow up. In the first year I had hearing aids, I saw my audiologist initially every two weeks for reprocessing and then every three months.

In one study, Dr. Lin and his colleague Wade Chien found that only one in seven adults who could benefit from hearing aids used them. One deterrent is cost ($2,000 to $6,000 per ear), seldom covered by insurance. Another is the stigma of old age.

Hearing loss is a natural part of aging. But for most people with hearing loss, according to the National Institute on Deafness and Other Communication Disorders, the condition begins long before they get old. Almost two-thirds of men with hearing loss began to lose their hearing before age 44. My hearing loss began when I was 30.

Forty-eight million Americans suffer from some degree of hearing loss. If it can be proved in a clinical trial that hearing aids help delay or offset dementia, the benefits would be immeasurable.

“Could we do something to reduce cognitive decline and delay the onset of dementia?” he asked. “It’s hugely important, because by 2050, 1 in 30 Americans will have dementia.

“If we could delay the onset by even one year, the prevalence of dementia drops by 15 percent down the road. You’re talking about billions of dollars in health care savings.”

Should studies establish definitively that correcting hearing loss decreases the potential for early-onset dementia, we might finally overcome the stigma of hearing loss. Get your hearing tested, get it corrected, and enjoy a longer cognitively active life. Establishing the dangers of uncorrected hearing might even convince private insurers and Medicare that covering the cost of hearing aids is a small price to pay to offset the cost of dementia.


Katherine Bouton is the author of the new book, “Shouting Won’t Help: Why I — and 50 Million Other Americans — Can’t Hear You,” from which this essay is adapted.


This post has been revised to reflect the following correction:

Correction: February 12, 2013

An earlier version of this article misstated the location of the Medical College of Wisconsin. It is in Milwaukee, not Madison.

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DealBook: Barclays to Cut 3,700 Jobs in Overhaul

8:13 a.m. | Updated

LONDON – Barclays announced a major restructuring that will eliminate 3,700 jobs and close several business units, as the bank reported a big loss in the fourth quarter of 2012.

The overhaul of its operations comes after a series of scandals at the bank, including the manipulation of benchmark interest rates, which led to the resignation of the firm’s former chief executive, Robert E. Diamond Jr.

In a bid to reduce its exposure to risky trading activity, Barclays plans to close a number of operations in Europe and Asia, including a tax-planning unit that has been criticized for tarnishing the firm’s reputation.

“There will be no going back to the old way of doing things,” the chief executive, Antony P. Jenkins, told reporters at a news conference in London on Tuesday. “We will never be in a position again of rewarding people for activities inconsistent with our values.”

Despite the revamp of its operations and a new emphasis on values, the bank plans to retain the majority of its investment banking unit, particularly its operations in Britain and the United States. The division generated roughly 60 percent of the bank’s adjusted pretax profit in 2012.

Barclays will close four business divisions, while another 17 units will either be closed, sold or pared back in response to subdued market activity, Mr. Jenkins said. In total, the expected layoffs across the bank’s operations represent around 3 percent of the firm’s global work force.

The investment banking division is to be among the hardest hit, where about 1,800 employees are expected to be laid off. The job cuts will primarily fall on the bank’s Asian and European equities divisions, as well as its agricultural commodities trading operations. Almost 90 percent of the reductions already have been made, according to Christopher G. Lucas, the bank’s departing chief financial officer.

Mr. Jenkins refused to comment specifically on the position of Rich Ricci, the head of Barclays investment banking, whose name has surfaced in the inquiry into the bank’s role in the rate-rigging scandal.

“No one can predict the future, but I am confident in the team around me,” Mr. Jenkins said. “Who knows what could happen in a year’s time.”

The restructuring plan includes an additional 1,900 job cuts in the bank’s European retail and business banking unit, where Barclays plans to close roughly 30 percent of its Continental branch network.

The reductions have been focused in areas where Barclays does not compete globally with other international banks or where the firm could experience reputational damage like the recent rate-rigging scandal and the inappropriate sales of loan insurance to customers.

“Not much of this is surprising,” said Ian Gordon, a banking analyst at Investec in London. “They are not removing any of the material activities from the investment bank.”

The recent scandals that have engulfed the bank weighed down the firm’s fourth-quarter earnings.

Barclays posted a net loss of £835 million ($1.3 billion) in the last three months of 2012, compared with a profit of £356 million in the period a year earlier.
The results were hampered by the need to set aside additional capital to compensate costumers who were inappropriately sold loan insurance and for small businesses that were improperly sold complex interest-rate hedging products. Barclays also took a charge against the value of its own debt.

Excluding the adjustments, the bank’s pretax profit for the fourth quarter would have been £1.1 billion, almost double the amount in the period a year earlier.
For 2012, the bank reported an annual net loss of £1 billion, compared with a £3 billion profit for 2011. The annual loss resulted from provisions to cover legal costs related to the rate-rigging scandal and other improper activities.

The bank added that it would reduce annual costs by around 10 percent, to £16.8 billion, by 2015. Its share price rose almost 6 percent in afternoon trading in London on Tuesday.

Barclays said it had reduced bonuses across its operations by 16 percent for 2012, compared with the previous year. In its investment banking division, total bonuses fell 20 percent, with the average bonus in the unit standing at £54,100, a 17 percent reduction, according to a company statement.

The bank added that it had cut compensation awards because of risks facing several business units, including the rate-rigging scandal.

In a settlement with American and British authorities in June, Barclays agreed to pay fines totaling $450 million after some of its traders manipulated the London interbank offered rate, or Libor, for financial gain. Some of the firm’s managers also altered the rate to portray the bank in a healthier financial position than it actually was.

The investment banking division reported a pretax profit of £858 million in the fourth quarter, compared with a pretax profit of £267 million in the fourth quarter of 2011. Pretax profit at the bank’s retail and business banking unit rose 17 percent, to £732 million, while pretax profit in its corporate banking division almost tripled, to £107 million.

Mr. Jenkins acknowledged that some of the firm’s past actions had fallen short. He added that the investment banking division would remain at the heart of the firm’s future operations, though wrongdoing would not be tolerated.

“The old ways weren’t the right way to behave nor did they deliver the right results,” Mr. Jenkins said. “Individuals must take responsibility for their own behavior.”

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