'McDreamy' says he beat Starbucks for coffee chain

SEATTLE (AP) — "Grey's Anatomy" star Patrick Dempsey may be the real "McSteamy."

The actor, who was dubbed "McDreamy" as a star of the hospital drama while his co-star was called "McSteamy," may soon be serving hot, steaming cups of Joe.

Dempsey won a bankruptcy auction to buy Tully's Coffee, a small coffee chain based in Seattle. Among those he beat out is Tully's much bigger Seattle neighbor, Starbucks Corp., which is known for its ubiquitous white cups with a circular green mermaid logo.

Dempsey, whose company Global Baristas LLC plans to keep the Tully's name, declared victory on the social media site Twitter: "We met the green monster, looked her in the eye, and...SHE BLINKED! We got it! Thank you Seattle!

The win for Dempsey deals a rare setback for Starbucks on its home turf. Starbucks has long been both praised for bringing "coffeehouse culture" to the U.S. and criticized for crushing smaller chains. The coffee giant, which had planned to convert the Tully's cafes to its own brand, last month announced plans to expand its global footprint to 20,000 cafes over the next two years, up from the current 18,000.

Dempsey said in an interview on Friday that as the underdog in Seattle, Tully's will need to find its identity.

"It's a much smaller chain that has a lot of potential that hasn't been given the proper care," he said.

But in a statement shortly after the auction on Thursday, Starbucks insinuated that Dempsey shouldn't celebrate just yet.

Starbucks, which wanted to convert the Tully's cafes to its own brand, said that a final determination on the winning bid won't be made until a court hearing on Jan. 11. Starbucks said it's in a "backup" position" to buy 25 of the 47 Tully's cafes, with another undisclosed bidder making an offer for the remainder.

The combined bids of Starbucks and the undisclosed bidder come to $10.6 million, above the $9.2 million Dempsey's company is offering to pay through his company, which was formed in order to purchase Tully's. The other investors in Global Baristas aren't being disclosed.

Tully's Coffee, which is known for serving Joe with a milder taste than Starbucks brand, filed for Chapter 11 bankruptcy protection in October, citing lease obligations and underperforming stores. Tully's wholesale business, which includes Tully's Coffee in bags and single serve K-cup packs that are sold in supermarkets and other stores, is owned separately by Green Mountain Coffee Roasters Inc.

TC Global Inc., the parent company of Tully's, said in a release Friday that it was "encouraged and excited" about Dempsey's commitment to the chain.

Tully's President and CEO Scott Pearson called the deal a "great match" and that the goal is to make sure creditors get paid and to keep as many people employed as possible.

A bankruptcy court document signed late Friday by Pearson and Dempsey said TC Global had determined that Global Baristas submitted the successful bid.

"With this court filing, it's official - our group has been chosen as the successful bidder," Dempsey said in a statement. "We look forward to the court's final approval on Jan. 11."

Earlier in the day, Dempsey said he planned to be very involved in the running of the company, adding that the immediate challenges were to address bookkeeping issues, staff morale and sprucing up the coffee shops. Once the business is stabilized, Dempsey said the long-term goal would be to take the chain national.

"We can pull this off. We just have to take steps that are slow and smart," he said. "I'm going to get behind the counter. I'm going to serve coffee...I'm going to give the company a boost of energy."

Although Dempsey lives in Los Angeles, he plans to spend more time in Seattle, the city where "Grey's Anatomy" is set in. Dempsey said he believed there is room in the city for Tully's and the much larger Starbucks; he noted there might be people who are rooting for the underdog.

"In a society where there are so many big corporations that swallow the little guy, we thought, let's not let this happen to this company," he said.

Dempsey made an appearance Friday morning at a Tully's near Pike Place Market, shaking hands with workers and greeting customers before visiting other stores. Several dozen people, mostly women, came into the store.

Patrease Estelle, 45, works nearby, and came in with a small group from her office.

"I will take whatever I can get. A photo, a hug, a 'hey, how you doing,' a wink," said Estelle, who got a picture and handshake with the actor.

___

Blankinship reported from Seattle and Choi from New York.

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Scare Amplifies Fears That Clinton’s Work Has Taken Heavy Toll

Pool photo by Brendan Smialowski

Hillary Rodham Clinton with Field Marshal Mohamed Hussein Tantawi in Cairo in July.

WASHINGTON — When Secretary of State Hillary Rodham Clinton fractured her right elbow after slipping in a State Department garage in June 2009, she returned to work in just a few days. Her arm in a sling, she juggled speeches and a trip to India and Thailand with physical therapy, rebuilding a joint held together with wire and pins.

It was vivid evidence of Mrs. Clinton’s indomitable stamina and work ethic — as a first lady, senator, presidential candidate and, for the past four years, the most widely traveled secretary of state in American history.

But after a fall at home in December that caused a concussion, and a subsequent diagnosis of a blood clot in her head, it has taken much longer for Mrs. Clinton to bounce back. She was released from a hospital in New York on Wednesday, accompanied by her daughter, Chelsea, and her husband, former President Bill Clinton. On Thursday, she told colleagues that she hoped to be in the office next week.

Her health scare, though, has reinforced the concerns of friends and colleagues that the years of punishing work and travel have taken a heavy toll. Even among her peers at the highest levels of government, Mrs. Clinton, 65, is renowned for her grueling schedule. Over the past four years, she was on the road for 401 days and spent the equivalent of 87 full days on a plane, according to the State Department’s Web site.

In one 48-hour marathon in 2009 that her aides still talk about, she traveled from talks with Palestinian leaders in Abu Dhabi to a midnight meeting with Prime Minister Benjamin Netanyahu in Jerusalem, then boarded a plane for Morocco, staying up all night to work on other issues, before going straight to a meeting of Arab leaders the next morning.

“So many people who know her have urged me to tell her not to work so hard,” said Melanne S. Verveer, who was Mrs. Clinton’s chief of staff when she was first lady and is now the State Department’s ambassador at large for women’s issues. “Well, that’s not easy to do when you’re Hillary Clinton. She doesn’t spare herself.”

It is not just a matter of duty, Ms. Verveer and others said. Mrs. Clinton genuinely relishes the work, pursuing a brand of personal diplomacy that, she argues, requires her to travel to more places than her predecessors.

While there is no medical evidence that Mrs. Clinton’s clot was caused by her herculean work habits, her cascade of recent health problems, beginning with a stomach virus, has prompted those who know her best to say that she desperately needs a long rest. Her first order of business after leaving the State Department in the coming weeks, they say, should be to take care of herself.

Some even wonder whether this setback will — or should — temper the feverish speculation that she will make another run for the White House in 2016.

“I am amazed at the number of women who come up to me and tell me she must run for president,” said Ellen Chesler, a New York author and a friend of Mrs. Clinton’s. “But perhaps this episode will alter things a bit.”

Given Mrs. Clinton’s enduring status as a role model, Ms. Chesler said women would be watching which path she decides to take, as they plan their own transitions out of the working world.

“Do remember that women of our generation are really the first to have worked through the life cycle in large numbers,” she added. “Many seem to be approaching retirement with dread.”

For now, aides say, Mrs. Clinton’s focus is on wrapping up her work at the State Department. She would like to take part in a town hall-style meeting, thank her staff and sit for some interviews. But first she has to get clearance from her doctors, who are watching her to make sure that the blood thinners they have prescribed for her clot are working.

Speaking to a meeting of a foreign policy advisory board from her home in Chappaqua, N.Y., on Thursday, Mrs. Clinton said she was crossing her fingers and encouraging her doctors to let her return next week. “I’m trying to be a compliant patient,” she said, according to a person who was in the room. “But that does require a certain level of patience, which I’ve had to cultivate over the last three and a half weeks.”

While convalescing, Mrs. Clinton has spoken with President Obama and has held a 30-minute call with Senator John Kerry, Democrat of Massachusetts, whom Mr. Obama nominated as her successor.

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After Fiscal Deal, Tax Code May Be Most Progressive Since 1979

WASHINGTON — With 2013 bringing tax increases on the incomes of a small sliver of the richest Americans, the country’s top earners now face a heavier tax burden than at any time since Jimmy Carter was president.

The last-minute deal struck by the departing 112th Congress raised taxes on a handful of the highest-earning Americans, with about 99.3 percent of households experiencing no change in their income taxes. But the Tax Policy Center estimates that the average family in the top 1 percent will pay a federal tax rate of more than 36 percent this year, up from 28 percent in 2008. That is the highest rate since 1979, at least.

By some measures, the tax code might now be the most progressive in a generation, tax economists said, while noting that every American is paying a lower burden currently than they did then. In fact, the total federal tax rate is still vastly lower for the very rich than it was at any point in the 1940s through 1970s. It has risen from historical lows, but is still closer to those lows than where it was in the postwar decades.

“We made the system more progressive by raising rates at the top and leaving them for everyone else,” said Roberton Williams of the Tax Policy Center, a research group based in Washington. “The offsetting issue is that the rich have gotten a lot richer.”

Indeed, over the last three decades the bulk of pretax income gains have gone to the wealthy — and the higher up on the income scale, the bigger the gains, with billionaires outpacing millionaires who outpaced the merely rich. Economists doubted that the tax increases would do much to reverse that trend.

With the recovery failing to improve incomes for millions of average Americans and the country running trillion-dollar deficits, President Obama made “tax fairness” a centerpiece of his re-election campaign. In the heated negotiations with House Speaker John A. Boehner, that translated into the White House’s insistence on tax increases for the top 2 percent of households and a continuation of tax breaks and cuts for a vast number of taxpayers.

Republicans resisted increasing tax rates and aimed for lower revenue targets, arguing that spending was the budget’s primary problem and that no American should see his or her taxes go up too much in such a sluggish economy. But ultimately they relented, and Congress cut a last-minute deal.

“A central promise of my campaign for president was to change the tax code that was too skewed towards the wealthy at the expense of working middle-class Americans,” Mr. Obama said after Congress reached an agreement.

That deal includes a host of tax increases on the rich. It raises the tax rate to 39.6 percent from 35 percent on income above $400,000 for individuals, and $450,000 for couples. The rate on dividends and capital gains for those same taxpayers was bumped up 5 percentage points, to 20 percent. Congress also reinstated limits on the amount households with more than $300,000 in income can deduct. On top of that, two new surcharges — a 3.8 percent tax on investment income and a 0.9 percent tax on regular income — hit those same wealthy households.

As a result of the taxes added in both the deal and the 2010 health care law, which came into effect this year, taxpayers with $1 million in income and up will pay on average $168,000 more in taxes. Millionaires’ share of the overall federal tax burden will climb to 23 percent from 20 percent.

The result is a tax code that squeezes hundreds of billions of dollars more from the very well off — about $600 billion more over 10 years — while leaving the tax burden on everyone else mostly as it was. And the changes come after 30 years of both Republican and Democratic administrations doing the converse: zeroing out federal income taxes for many poor working families while also reducing the tax burden for households on the higher end of the income scale.

“Back at the end of the Carter and beginning of the Reagan administrations, we had a pretty severe income-tax burden for people at a low level of income. It was actually kind of appalling,” said Alan D. Viard, a tax expert at the American Enterprise Institute, a right-of-center research group in Washington. “Policy makers in both parties realized that was bad policy and started whittling away at it” by expanding credits and tinkering with tax rates.

After those changes and the new law, comparing average tax rates for poor households and wealthy households, 2013 might be the most progressive tax code since 1979. But economists cautioned that measuring progressivity is tricky. “It’s not like there is some scientific measure of progressivity all economists agreed upon,” said Leonard E. Burman, a professor of public affairs at Syracuse University. “People look at different numerical measures and they’ve changed in different ways at different income levels.”

Mr. Viard said that over time the code had become markedly more progressive for the poor compared with the middle class. But it arguably did not become much more progressive for the rich compared with the middle class, or the very rich compared with the rich, in part because of the George W. Bush-era tax cuts on investment income.

An anesthesiologist who earns a $500,000 salary subject to payroll and income taxes might pay a higher tax rate than a hedge fund manager making $1 billion subject mostly to capital-gains taxes, for instance.

Economists are also divided on the ultimate effect of those tax increases on the wealthy to income growth and income inequality in the United States. The recession hit the incomes of the rich hard, but they have snapped back much more strongly than those for middle or low-income workers.

“I’d still rather be really rich, even if I’m getting taxed much more than a low-income person” would be, Mr. Williams of the Tax Policy Center added.

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3 New York Police Officers Recovering After Shootings

Three New York City police officers were recovering Friday morning after being shot Thursday night in two separate encounters, including one at a Brooklyn subway station that left a gunman dead.

It was one of the bloodiest nights for the Police Department in recent years and led to renewed calls from Mayor Michael R. Bloomberg for the nation to revisit its gun laws.

“In recent weeks, we’ve heard some people say that the only thing that stops a bad guy with a gun is a good guy with a gun,” Mr. Bloomberg said. “But sometimes the good guys get shot.”

The shootings on Thursday night occurred within an hour of each other.

In the second shooting, just after 7:30 p.m., two transit officers, Michael Lavay, 27, and Lukasz Kozicki, 32, witnessed a man moving between cars on a Coney Island-bound N train at the Fort Hamilton Parkway station, according to a police account.

The officers removed their shields from under their bulletproof vests and approached the man, asking him for identification and intending to escort him off the crowded subway car.

As they approached, the man reached into his waistband, and the officers thought he was going to remove his wallet.

“Instead, he pulled a 9-millimeter Taurus handgun from his waistband and opened fire,” said Police Commissioner Raymond W. Kelly.

Officer Kozicki was struck three times — once in each of his upper thighs and once in the groin, the police said.

Officer Lavay was shot in the back but his vest prevented serious injury, said Paul J. Browne, the chief police spokesman. Officer Lavay returned fire with seven bullets and killed the man. The man, who has not been identified, landed with his feet on the platform and his body on the train, the police said.

In the chaos, as passengers ran screaming from the train and dived for cover, one bystander was lightly injured by a bullet, the police said.

Both officers were in stable condition at Lutheran Medical Center on Friday morning.

Earlier on Thursday, around 6:30 p.m., four men, one with a gun, approached a car dealership on Boston Road in the Allerton section of the Bronx owned by the family of Officer Juan Pichardo, 34, and announced a robbery, the police said.

Officer Pichardo, who was off duty, and another employee were approached by two men who feigned an interest in buying a red Altima. But instead of talking car details, one of the men produced a Bryco .380 handgun and forced Officer Pichardo and the other employee into a small back office.

“They began to ransack the office, looking for cash and the safe, all the while brandishing the weapon in Officer Pichardo’s face,” Mr. Kelly said. As the robbers were finishing up, Mr. Kelly said, “Officer Pichardo stood up and grabbed the gunman, who fired, striking the officer in the right thigh. Despite being wounded, Officer Pichardo and the other employee wrestled the gunman to the ground and disarmed him.”

The gunman was arrested, as were three accomplices who fled in a car but were soon stopped by the police. Officer Pichardo was taken to Jacobi Medical Center. His wounds were not considered life-threatening.

In 2012, the police said, 11 New York City police officers were shot while on duty, and one while off duty. None of the shootings were fatal. In 2011, three officers were shot, and one died.

“The historic crime reductions that New Yorkers enjoy come at a price,” Mr. Kelly said. “A dozen police officers were shot last year. And now three more, in the first three days of the new year.”

For Mr. Bloomberg, it was further evidence that the nation’s gun laws were failing.

“Tonight, thank God, three good guys – three New York City police officers, who acted heroically – are going to make it,” an emotional Mr. Bloomberg said on Thursday. “But we owe it to the good guys to do whatever we can to protect them – just as they do whatever they can to protect us. Instead, Washington is letting the bad guys shoot our police officers, our children, our neighbors – and it just has to stop.”

Following the night’s violence, other local politicians joined him in his calls for reform.

“This is another reminder of how hard we have to work on a nationwide level to keep illegal guns out of New York City,” Councilman Peter F. Vallone Jr., chairman of the City Council’s Public Safety Committee, said Thursday.

After the school massacre in Newtown, Conn., there was a renewed focus on gun laws. And as students returned to school Thursday for the first time since that attack, Gov. Dannel P. Malloy also sought to bring the issue of guns back to the forefront.

“You don’t need a 30-round clip to go hunting, and you don’t need a 30-round clip to honor the Constitution of the United States, and I think it’s time we had a realistic discussion about the weapons that are being used time and time again in these mass casualty situations,” Governor Malloy told reporters on Thursday. “I mean, it would be stupid not to have that conversation.”

William K. Rashbaum and Ravi Somaiya contributed reporting. 

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Huawei launches the Ascend P1 in the U.S. for $450 through Amazon

Despite its attempts to attract new customers with high-end phones, Huawei (002502) remains relatively unknown to U.S. consumers. The company is looking to change that and on Thursday announced the availability of the Ascend P1 smartphone. The Android-powered device is equipped with a 4.3-inch Super AMOLED display, a 1.5GHz dual-core processor, 1GB of RAM and an 8-megapixel rear camera. The handset is also one of the thinnest smartphones on the market, measuring in at 7.6 millimeters. BGR reviewed the Ascend P1 earlier this year and found it to be a decent smartphone. Huawei is offering the device carrier-unlocked through Amazon (AMZN) for $ 449.99. Read more for Huawei’s press release.

[More from BGR: Samsung confirms plan to begin inching away from Android]

Huawei’s Ascend P1 Launches in U.S.

[More from BGR: ‘iPhone 5S’ to reportedly launch by June with multiple color options and two different display sizes]

Super thin Huawei Ascend P1 comes with 1.5 GHz dual-core processor and Android 4.0 ICS OS

PLANO, Texas, Jan. 3, 2013 /PRNewswire/ — Huawei, a leading global information and communications technology (ICT) solutions provider, today announced an unlocked version of the Huawei Ascend P1 is available to U.S. consumers through Amazon.com. The Huawei Ascend P1 comes equipped with 1.5 GHz dual-core processor and is one of the fastest models in class, capable of handling 3D games effectively.

“The Ascend P1 is perfect for consumers looking to get the most out of their device,” said Michael Chuang, Executive Vice President of Huawei Device USA. “Whether it’s for playing games, streaming music and videos, or sharing multimedia in the home or workplace, the Ascend P1 offers unparalleled performance and a truly unique mobile experience.”

The Ascend P1 offers users a movie theatre-quality cinematic experience with its super AMOLED, 4.3 inch screen and 5.1 Dolby Surround Sound System. In addition, at only 7.69 mm thick, the Huawei Ascend P1 is one of the thinnest smartphones on the market. The 64.8 mm frame allows the Ascend P1 to sit comfortably in the user’s palm, giving them the ability to navigate all the phone’s features with a single hand.

The Huawei Ascend P1 is available online at Amazon.com for $ 449.99.

This article was originally published by BGR

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Actor Dempsey: Coffee chain bid appears successful

SEATTLE (AP) — Actor Patrick Dempsey said it appears his bid to buy a small coffee chain has prevailed in a bankruptcy auction that included Starbucks Corp.

Late Thursday night, Dempsey announced that his company, Global Baristas LLC, made the winning bid for Tully's Coffee. He noted in a KOMO-TV interview that a bankruptcy judge will have the final say on Jan. 11. Still, Dempsey tweeted "We got it! Thank you Seattle!"

Dempsey's company will pay $9,150,000 for Tully's and complete the purchase later this month after the court hearing, he said in a statement.

"I'm thrilled that we won and I'm even more excited about saving Tully's Coffee and its hundreds of jobs," he said. "Tully's is a great company with committed employees, and with its base in Seattle, one of the world's greatest cities, I'm confident we will be able to successfully build the brand and help grow the economy. "

Tully's Coffee has 47 company-owned locations in Washington and California. The company, with more than 500 employees, filed for Chapter 11 bankruptcy protection in October.

Dempsey, who gained the nickname "McDreamy" on the TV show "Grey's Anatomy" set in a fictional Seattle hospital, has said he wants to rescue the chain.

"Seattle has been very good to me over my career, and I am honored to have the privilege to own Tully's and work closely with the company's employees," he said in his statement.

After Thursday's auction, Starbucks spokesman Zack Hutson confirmed his company participated and "is currently in a back-up position" for some of Tully's assets. The final certification of the winning bid won't occur until the Jan. 11 bankruptcy court hearing, Hutson said.

"We have to wait until next week to make sure everything — I believe the 11th — to make sure it's all finalized," Dempsey told KOMO-TV.

The Starbucks spokesman said his company made an offer for 13 of Tully's company-owned stores in the Puget Sound region plus 12 outlets at Boeing Co. sites. Hutson said another bidder made an offer for all other assets — and is in a back-up position for those.

Also in the running was Baristas Coffee, which operates a chain of drive-thru espresso stands featuring female employees in skimpy outfits.

Both Starbucks and Tully's are based in Seattle.

The auction process was not public.

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Scant Proof Is Found to Back Up Claims by Energy Drinks

Energy drinks are the fastest-growing part of the beverage industry, with sales in the United States reaching more than $10 billion in 2012 — more than Americans spent on iced tea or sports beverages like Gatorade.

Their rising popularity represents a generational shift in what people drink, and reflects a successful campaign to convince consumers, particularly teenagers, that the drinks provide a mental and physical edge.

The drinks are now under scrutiny by the Food and Drug Administration after reports of deaths and serious injuries that may be linked to their high caffeine levels. But however that review ends, one thing is clear, interviews with researchers and a review of scientific studies show: the energy drink industry is based on a brew of ingredients that, apart from caffeine, have little, if any benefit for consumers.

“If you had a cup of coffee you are going to affect metabolism in the same way,” said Dr. Robert W. Pettitt, an associate professor at Minnesota State University in Mankato, who has studied the drinks.

Energy drink companies have promoted their products not as caffeine-fueled concoctions but as specially engineered blends that provide something more. For example, producers claim that “Red Bull gives you wings,” that Rockstar Energy is “scientifically formulated” and Monster Energy is a “killer energy brew.” Representative Edward J. Markey of Massachusetts, a Democrat, has asked the government to investigate the industry’s marketing claims.

Promoting a message beyond caffeine has enabled the beverage makers to charge premium prices. A 16-ounce energy drink that sells for $2.99 a can contains about the same amount of caffeine as a tablet of NoDoz that costs 30 cents. Even Starbucks coffee is cheap by comparison; a 12-ounce cup that costs $1.85 has even more caffeine.

As with earlier elixirs, a dearth of evidence underlies such claims. Only a few human studies of energy drinks or the ingredients in them have been performed and they point to a similar conclusion, researchers say — that the beverages are mainly about caffeine.

Caffeine is called the world’s most widely used drug. A stimulant, it increases alertness, awareness and, if taken at the right time, improves athletic performance, studies show. Energy drink users feel its kick faster because the beverages are typically swallowed quickly or are sold as concentrates.

“These are caffeine delivery systems,” said Dr. Roland Griffiths, a researcher at Johns Hopkins University who has studied energy drinks. “They don’t want to say this is equivalent to a NoDoz because that is not a very sexy sales message.”

A scientist at the University of Wisconsin became puzzled as he researched an ingredient used in energy drinks like Red Bull, 5-Hour Energy and Monster Energy. The researcher, Dr. Craig A. Goodman, could not find any trials in humans of the additive, a substance with the tongue-twisting name of glucuronolactone that is related to glucose, a sugar. But Dr. Goodman, who had studied other energy drink ingredients, eventually found two 40-year-old studies from Japan that had examined it.

In the experiments, scientists injected large doses of the substance into laboratory rats. Afterward, the rats swam better. “I have no idea what it does in energy drinks,” Dr. Goodman said.

Energy drink manufacturers say it is their proprietary formulas, rather than specific ingredients, that provide users with physical and mental benefits. But that has not prevented them from implying otherwise.

Consider the case of taurine, an additive used in most energy products.

On its Web site, the producer of Red Bull, for example, states that “more than 2,500 reports have been published about taurine and its physiological effects,” including acting as a “detoxifying agent.” In addition, that company, Red Bull of Austria, points to a 2009 safety study by a European regulatory group that gave it a clean bill of health.

But Red Bull’s Web site does not mention reports by that same group, the European Food Safety Authority, which concluded that claims about the benefits in energy drinks lacked scientific support. Based on those findings, the European Commission has refused to approve claims that taurine helps maintain mental function and heart health and reduces muscle fatigue.

Taurine, an amino acidlike substance that got its name because it was first found in the bile of bulls, does play a role in bodily functions, and recent research suggests it might help prevent heart attacks in women with high cholesterol. However, most people get more than adequate amounts from foods like meat, experts said. And researchers added that those with heart problems who may need supplements would find far better sources than energy drinks.

Hiroko Tabuchi contributed reporting from Tokyo and Poypiti Amatatham from Bangkok.

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Deepwater Horizon Owner Settles With U.S. Over Oil Spill in Gulf of Mexico

The driller whose floating Deepwater Horizon oil rig blew out in 2010, causing a massive oil spill, has agreed to settle civil and criminal claims with the federal government for $1.4 billion, the Justice Department announced Thursday.

The Deepwater Horizon exploded, burned and sank in April 2010. Eleven men were killed and millions of gallons of oil flowed into the Gulf of Mexico and fouled the shores of coastal states. The well, known as Macondo, was owned by British oil giant BP, which settled its own criminal charges and some of its civil charges in November for $4.5 billion.

While this settlement resolves the government’s claims against Transocean, that company and the others involved in the spill still face the sprawling, multistate civil case, which is scheduled to begin in February in New Orleans. In a deal filed in federal court in New Orleans, a subsidiary, Transocean Deepwater, agreed to one criminal misdemeanor violation of the Clean Water Act and will pay a fine of $100 million. Over the next five years, the company will pay civil penalties of $1 billion, the largest ever under the act.

As part of the criminal settlement, Transocean also agreed to pay the National Academy of Sciences and the National Fish and Wildlife Foundation $150 million each. Those funds will be applied to oil spill prevention and response in the Gulf of Mexico and natural resource restoration projects. The agreement will be subject to public comment and court approval. The company agreed to five years of monitoring of its drilling practices and improved safety measures.

In a statement, Transocean Ltd., the Switzerland-based parent of the rig owner, said that the company thought these were “important agreements” and called them a “positive step forward” that were “in the best interest of its shareholders and employees.” Of the 11 men killed on the rig, the company said, “their families continue to be in the thoughts and prayers of all of us at Transocean.”

The company announced in September that it had set an “estimated loss contingency” of $1.5 billion against the Justice Department’s claims.

Shares of Transocean Ltd. rose nearly 3 percent on the news, to close at $49.20.

In a statement, Lanny A. Breuer, assistant attorney general for the Justice Department’s Criminal Division, suggested that Transocean had played a subservient and lesser role in the disaster to that of BP: “Transocean’s rig crew accepted the direction of BP well site leaders to proceed in the face of clear danger signs — at a tragic cost to many of them.” He said that the $1.4 billion “appropriately reflects its role in the Deepwater Horizon disaster.”

Under a law passed last year, 80 percent of the penalty will be applied to projects for restoring the environment and economies of gulf states.

That fact was applauded by a coalition of Gulf Coast restoration groups, including the Environmental Defense Fund and the National Audubon Society. A joint statement called this “a great day for the gulf environment and the communities that rely on a healthy ecosystem for their livelihoods.”

Still, the penalty struck some experts in environmental law as somewhat light. David M. Uhlmann, who headed the Justice Department’s environmental crimes section from 2000 to 2007, praised the size of the civil settlement, which he said “reflects the scope of the gulf oil spill tragedy.”

He argued, however, that the criminal penalty should have been at least as onerous, “given Transocean’s numerous failures to drill in a safe manner, which cost 11 workers their lives and billions of dollars in damages to communities along the gulf.” The settlement, he said, should have included seaman’s manslaughter charges, which were part of the BP settlement.

As for the company’s role in following the lead of BP, he said, “following orders is not a defense to criminal charges.”

At the Environmental Protection Agency, Cynthia Giles, assistant administrator for the office of enforcement and compliance assurance, called the settlement “an important step” toward holding Transocean and others involved in the spill accountable. “E.P.A. will continue to work with D.O.J. and its federal partners to vigorously pursue the government’s claims against all responsible parties and ensure that we are taking every possible step to restore and protect the Gulf Coast ecosystem,” she said.

The multistate trial over claims in the Deepwater Horizon cases that have not been settled are scheduled to begin in February. Stephen J. Herman and James P. Roy, lawyers who represent the steering committee of plaintiffs in the cases, said that Thursday’s settlement did not change the case, and that the plaintiffs thought that BP, Transocean and Halliburton “will be found grossly negligent” at trial.

BP continued its longstanding argument that the accident, in the words of the spokesman Geoff Morrell, “resulted from multiple causes, involving multiple parties,” and that other companies had to shoulder their share of the blame.

Transocean, Mr. Morrell said in a statement, “is finally starting, more than two-and-a-half years after the accident, to do its part for the Gulf Coast.” He then turned his attention to the other major contractor on the well, and said, “Unfortunately, Halliburton continues to deny its significant role in the accident, including its failure to adequately cement and monitor the well.”

Beverly Blohm Stafford, a Halliburton spokeswoman, said that the company “remains confident that all the work it performed with respect to the Macondo well was completed in accordance with BP’s specifications for its well construction plan and instructions,” and so Halliburton, she said was protected from liability through indemnity provisions of its drilling contract.

“We continue to believe that we have substantial legal arguments and defenses against any liability and that BP’s indemnity obligation protects us,” she said. “Accordingly we will maintain our approach of taking all proper actions to protect our interests.”

This article has been revised to reflect the following correction:

Correction: January 3, 2013

An earlier version of this story misstated the size of the spill. It was not the nation’s biggest oil spill.

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U.S. Drone Strike Kills a Top Pakistani Militant

ISLAMABAD, Pakistan — An American drone strike killed a top Pakistani militant commander in a northwestern tribal region, security officials said on Thursday. The death of the commander, Maulvi Nazir, was seen as a serious blow to Taliban fighters who attack United States and allied forces in neighboring Afghanistan.

S.K Khan/Agence France-Presse — Getty Images

Maulvi Nazir in South Waziristan in 2007.

The drone strike took place on Wednesday night and targeted Mr. Nazir’s vehicle in the Angoor Adda area in South Waziristan. Five other people were also killed, including one of his key aides, officials said.

“He has been killed. It is confirmed,” said a senior Pakistani intelligence officer, who spoke on condition of anonymity. “The vehicle he was traveling in was hit.”

Mr. Nazir was traveling from Birmal to Wana, the main town in South Waziristan, when his vehicle was struck by the drone.

In a separate drone strike in North Waziristan on Thursday morning, at least four people were killed when a vehicle was targeted. The identities of those killed were not immediately known.

Mr. Nazir, believed to be in his 30s, was based in the western part of the South Waziristan tribal region. He led the Ahmadzai Wazir tribe, and his loyalists regularly joined attacks on American forces across the porous border with Afghanistan. Unlike other Taliban factions, Mr. Nazir’s fighters did not attack Pakistani military or government targets, instead focusing on the war inside Afghanistan. He was believed to have signed a peace pact with the Pakistani military.

Mr. Nazir was allied with Hafiz Gul Bahadur, a leading warlord in North Waziristan. The nonconfrontational posture of the two commanders toward the Pakistani military often led to them being labeled here as “good Taliban.”

Asad Munir, a former Pakistan Army brigadier and the intelligence chief in Peshawar, said the killing of Mr. Nazir could lead to a spurt in violence.

“A dangerous scenario for Pakistani military would be joining of hands of Hafiz Gul Bahadur and Maulvi Nazir supporters with Tehrik-i-Taliban Pakistan.”

Mr. Munir said the area controlled by Mr. Nazir’s forces had been “relatively peaceful” but his death increased the chances of attacks on military targets. Mr. Nazir had survived two earlier drone strikes. In November, he survived a suicide attack, which was blamed on Tehrik-i-Taliban Pakistan, or T.T.P., the Pakistani Taliban who conduct attacks inside Pakistan. After the suicide attack, he expelled rival Mehsud tribesmen from territory controlled by his fighters.

Mr. Nazir also opposed the presence of Uzbek fighters inside Pakistan and, with the help of the Pakistani military, pushed Uzbeks out of his region several years ago.

Some analysts said that militants like Mr. Nazir could be troublesome for the Pakistani military once the withdrawal of American forces from Afghanistan begins in 2014.

“Maulvi Nazir would probably have posed a problem for the Pakistan Army if and when a political settlement is reached in Afghanistan in 2014. But in the interim, the killing of Nazir and his deputies likely hurts the Pakistan Army’s efforts against the T.T.P. in South Waziristan,” said Arif Rafiq, an adjunct scholar at the Middle East Institute, based in Washington.

“Nazir would probably have wanted to hold on to his local jihadist fiefdom, making him a long-term threat for the Pakistani state,” said Mr. Rafiq.

The suspicion that the Pakistani military gave a nod to Mr. Nazir’s killing could result in attacks on Pakistani troops in some areas in South Waziristan, analysts said.

Pakistani officials publicly denounce American drone strikes but have privately acknowledged the effectiveness of the campaign.

Ismail Khan reported from Peshawar, Pakistan.

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Fake John le Carré Twitter Account Fakes J.K. Rowling’s Fake Twitter Death

We’ve seen “Cormac McCarthy” Tweet apocalyptic non sequiturs. “Philip Roth” promised us a bite-sized short story. Now a fake Twitter account for British spy novelist John le Carré is spreading bizarre death rumors about J.K. Rowling. After a few days of Tweeting harmless missives, the week-old handle @JLecarre dropped this would-be bombshell on its nearly 2,500 followers Wednesday morning: 

A terrible news. My publisher phones me announcing that J.K. Rowling dies by accident. Few minutes ago. No words!

— John le Carré (@JLecarre) January 2, 2013

OK, there are at least three dead-giveaways that this is a fake account. One: If J.K. Rowling had died, does anyone credibly think John le Carré would be the one breaking the news? Rowling and le Carré don’t even share a publisher—he’s with Penguin and she’s printed by Little, Brown and Company—making this story even more implausible. Two: As noted by le Carré’s literary agent Jonny Geller, the “L” in the author’s name shouldn’t be capitalized, as it is in the handle of this hoax account. Three: Phrases like “a terrible news” and “my publisher phones me” sound more like snippets from an ESL workbook than lines from an author praised for his chilly, controlled prose style. This could again be the work of Italian media troll Tommaso De Benedetti, who copped to creating a fake Philip Roth account recently. “Twitter works well for deaths,” he told The Guardian‘s Tom Kington, describing his M.O. for spreading misinformation about the deaths of public figures like Fidel Castro and Pedro Almodóvar. 

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Too bad John le Carrè isn’t actually on Twitter, though. Imagine the flame wars he would get into with longtime adversary Salman Rushdie—who most certainly is on Twitter, and loves using it to throw literate shade. And too bad this isn’t the handiwork of someone with more imagination—someone like the unpublished Scottish novelist behind @cormaccmccarthy. Outed right here on The Atlantic Wire, Michael Crossan at least had the chops to fool Margaret Atwood and Twitter co-founder Jack Dorsey with dead-on spoofs of McCarthy’s writing: 

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Social Media News Headlines – Yahoo! News

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