Anti-Wal-Mart Labor Groups Agree to Stop Picketing the Chain

(Reuters) - Labor groups that have long spoken out against Wal-Mart Stores Inc will stop much of their picketing against the world's largest retailer, though they still plan to continue to push the company to improve working conditions.

The United Food and Commercial Workers International Union, or UFCW, and OUR Walmart reached an agreement with the National Labor Relations Board, the groups and Walmart U.S., said on Thursday.

The labor groups claim that they were not trying to unionize Walmart workers with their actions, which included a small number of Walmart's more than 1.3 million U.S. employees engaging in protests outside of Walmart stores.

The agreement comes after Wal-Mart filed an unfair labor practice charge against the UFCW in November, asking the NLRB to halt what the retailer said were unlawful attempts to disrupt its business.

The UFCW and OUR Walmart - a UFCW-supported group of current and former Wal-Mart workers - said that they do not intend to have Wal-Mart recognize or bargain with them as the representative of Wal-Mart employees.

Walmart said that many of the union's demonstrations and pickets before Black Friday were illegal, a claim that the UFCW denied. OUR Walmart said its protests were legally protected.

The UFCW and OUR Walmart will stop any unlawful recognitional picketing, will stop encouraging unlawful disruptions by other affiliated groups and will stop any picketing at Walmart stores and facilities for at least 60 days.

Recognitional picketing is done to try to get an employer to recognize a union as the bargaining representative for its employees and is subject to certain restrictions under the National Labor Relations Act.

The groups also said they would not fight it if the NLRB sought a temporary injunction against any future activity that it found to be the equivalent of picketing.

BUSINESS AS USUAL

Wal-Mart filed with the NLRB after groups planned major protests at its stores for Black Friday, a busy shopping day. The NLRB did not issue any ruling before that day, and while several protests took place they did not hurt sales, as the Walmart chain of thousands of stores across the United States said it had its best Black Friday ever.

The agreement is unlikely to make a huge difference to the campaign, as OUR Walmart, the UFCW and others can still publicly voice their concerns without doing anything that would be legally defined as picketing, said John Logan, professor of labor and employment studies at San Francisco State University.

OUR Walmart said the agreement does not limit its ability to help employees in their dealings with Walmart over labor rights and standards. The UFCW said that the pact allows the union to continue its support of OUR Walmart and its supporters. The groups said that they are not trying to unionize at Walmart.

"It seems to me they're trying to come very close to the edge," said Ronald Meisburg, a partner at law firm Proskauer, who was the NLRB's general counsel from 2006 to 2010 and also served a recess appointment as a board member for one year.

The agreement is "a big victory for the company," he added.

In mid-January, Walmart said that it would give part-time workers the first shot at full-time positions. It also plans to make scheduling more transparent, giving part-time workers the ability to choose more of their own hours.

"Walmart is hearing us and at least starting to make changes that will improve the lives of workers and their families and our communities, and we will continue to raise our voices until there is real change at Walmart," Colby Harris, a member of OUR Walmart from Dallas, said in a statement provided by the group.

Members of OUR Walmart pay dues of $5 per month.

(Reporting by Jessica Wohl in Chicago; Editing by Gerald E. McCormick and Carol Bishopric)

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TSX closes lower as RIM, Fed decision weigh

TORONTO (Reuters) – Canada’s main stock index closed lower on Wednesday, hurt by a fall in Research In Motion Ltd after it released its long-awaited BlackBerry 10 devices, and broad market weakness after the U.S. Federal Reserve decided to leave its stimulus program intact.

The Toronto Stock Exchange‘s S&P/TSX composite index <.gsptse> closed 36.12 points, or 0.28 percent, lower at 12,794.44. Nine of the 10 main sectors on the index declined.</.gsptse>

(Reporting by John Tilak; Editing by Peter Galloway)

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Israeli Jets Attack Inside Target in Syria

JERUSALEM — Israeli warplanes carried out a strike deep inside Syrian territory on Wednesday, American officials reported, saying they believed the target was a convoy carrying sophisticated antiaircraft weaponry on the outskirts of Damascus that was intended for the Hezbollah Shiite militia in Lebanon.

The officials, who spoke on condition of anonymity, said the Israelis had notified the Americans about the attack, which the Syrian government called an act of “Israeli arrogance and aggression” that raised the risks that the two-year-old civil conflict in Syria could spread beyond the country’s borders.

In a statement, the Syrian military said a scientific research facility in the Damascus suburbs had been hit and denied that a convoy had been the target.

Israeli officials declined to comment on the airstrike. But they have been warning that they are monitoring the possible movement of weapons in the Syrian conflict, including chemical weapons, and would take action to thwart any possible transfers into Hezbollah’s possession.

It was the first time in more than five years that Israel’s air force had attacked a target in Syria, which has remained in a technical state of war with Israel although both sides have maintained an uneasy peace along their decades-old armistice line.

Hezbollah, which plays a decisive role in Lebanese politics, has long relied on Syria as both a source of weapons and a conduit for weapons flowing from Iran. Hezbollah has supported the Syrian government of President Bashar al-Assad throughout the uprising against him in part because it does not want to lose that weapons corridor, and some analysts say that Hezbollah may be trying to stock up on weapons now in case Mr. Assad falls. Other analysts say that Hezbollah would be cautious now about receiving arms from Syria because it does not want to risk drawing an Israeli attack or destabilizing its political position in Lebanon.

Hezbollah’s leader, Hassan Nasrallah, recently urged Lebanese citizens to welcome Syrian refugees regardless of their political affiliation, a move widely interpreted as aimed in part at preserving its relationship with Syria in the event of a rebel takeover, in addition to maintaining political calm in Lebanon.

Hezbollah is believed to have replenished and increased its weapons stocks after the 2006 war with Israel, in which Israeli bombardments destroyed some of its arms and other missiles were used to unleash a barrage that killed Israelis as far south as Haifa and drove residents of northern Israel into shelters.

The Syrian statement, carried by state television, said an unidentified number of Israeli jets flying below radar had hit the research facility, killing two people and causing “huge material damage.”

“Israeli warplanes violated our airspace at dawn, bombing directly one of the research scientific centers in the Jimraya district in rural Damascus,” the Syrian statement said, calling it a “breach of Syrian sovereignty.”

It cast the attack as “another addition to the history of Israeli occupation, aggression and criminality against Arabs and Muslims.”

“The Syrian government points out to the international community that this Israeli arrogance and aggression is dangerous for Syrian sovereignty and stresses that such criminal acts will not weaken Syria’s role nor will discourage Syrians from continuing to support resistance movements and just Arab causes, particularly the Palestinian issue,” the statement said.

Israelis have expressed increasing concern in recent days about what they called the threat of chemical or advanced conventional weapons leaking from Syria to Hezbollah in Lebanon or into the hands of extremist Islamic rebel groups as a result of the turmoil in Syria.

The Lebanese Army said in a statement on Wednesday that Israeli warplanes had carried out two sorties, circling over Lebanon for hours on Tuesday and before dawn on Wednesday, but made no mention of any attacks.

Jerusalem has long maintained a policy of silence on pre-emptive military strikes. It would not comment after Sudan accused the Israel military of carrying out an air attack that destroyed a weapons factory in Khartoum, the Sudanese capital, in October. Israel also never admitted to the bombing of a Syrian nuclear reactor in 2007, and Syria kept mum about that attack. The ambiguity allowed that event to pass without Syria feeling pressure to retaliate.

The heightened sense of alert in Israel this week had focused on the Syrian government’s precarious hold on its stockpiles of chemical weapons. But Israeli officials and experts have also voiced worry about the fate of what they describe as conventional “strategic weapons” in Syria, including advanced ground-to-air missiles, shore-to-sea missiles and anti-tank missiles. They say such weapons in the hands of Hezbollah could upset the current balance of forces in the region.

Amnon Sofrin, a retired brigadier general and former Israeli intelligence officer, told reporters in Jerusalem on Wednesday that Hezbollah, which is known to have been storing some of its more advanced weapons in Syria, was now eager to move everything it could to Lebanon. He said Israel was carefully watching for convoys transferring weapons systems from Syria to Lebanon.

Israel’s air force chief, Maj. Gen. Amir Eshel, said on Tuesday that Syria was a prime example of “the weakening governance in neighboring countries that heralds greater exposure to hostile activity.”

Speaking at an international space conference in Israel, General Eshel said: “We work every day in order to lessen the immediate threats, to create better conditions so that we will be victorious in future wars. This is a struggle in which the Air Force is a central player, from here to thousands of kilometers away.”

There have been reports in the last week of feverish security consultations between Israel’s political and security chiefs, and at least one Iron Dome anti-rocket missile defense battery was deployed in northern Israel. Israel’s national security adviser, Yaakov Amidror, was in Moscow for talks with Russian officials on Monday.

Israel has made it clear that if the Syrian government loses control over its chemical weapons or transfers them to Hezbollah, Israel will most likely be compelled to act. Avi Dichter, the minister for the home front, told Israel Radio on Tuesday that options to prevent Syria from using or transferring the weapons included deterrence and “attempts to hit the stockpiles.”

Isabel Kershner reported from Jerusalem, Michael R. Gordon from Washington and Rick Gladstone from New York. Reporting was contributed by Anne Barnard, Hania Mourtada and Hwaida Saad in Beirut, and Eric Schmitt in Washington.

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Lewis says he's 'agitated,' not angry about story

NEW ORLEANS (AP) — Smiling, even laughing, at questions about a report linking him to a company that purports to make performance-enhancers, Baltimore Ravens linebacker Ray Lewis said Wednesday he "never, ever took" the stuff.

Lewis described himself as "agitated," not angry, that the story has become part of the Super Bowl-week prelude to Baltimore's game against the San Francisco 49ers on Sunday.

He added that he's certain his teammates won't be distracted by the report in Sports Illustrated. The magazine said Lewis sought help from a company that says its deer-antler spray and pills contain a banned product connected to human growth hormone. The 37-year-old Lewis is the leading tackler in the NFL postseason after returning from a torn right triceps that sidelined him for 10 games.

In a private conversation with Ravens head coach John Harbaugh, and later in the public setting of a news conference, Lewis distanced himself from Sports With Alternatives To Steroids (SWATS). SI reported that company owner Mitch Ross recorded a call with Lewis hours after the player hurt his arm in an October game against Dallas. According to the report, Lewis asked Ross to send him deer-antler spray and pills, along with other items made by the company.

"It's so funny of a story because I never, ever took what he says or whatever I was supposed to do. And it's just sad once again that someone can have this much attention on a stage this big, where the dreams are really real," Lewis said Wednesday, wearing his white No. 52 Ravens jersey, gray sweat pants and a black hat with the team's purple logo. "I don't need it. My teammates don't need it. The 49ers don't need it. Nobody needs it."

The magazine reported that when it spoke to Lewis for its story, he acknowledged asking Ross for "some more of the regular stuff" on the night of the injury and that he has been associated with the company "for a couple years."

Lewis' stance Wednesday was different.

"He told me there's nothing to it. ... He's told us in the past, he's told us now, that he's never taken any of that stuff, ever. And I believe Ray. I trust Ray completely. We have a relationship. I know this man. And I know what he's all about," Harbaugh said. "It's just too bad it has to be something that gets so much play."

Christopher Key, a co-owner of SWATS, said in a telephone interview that the company removed from its website NFL players' endorsements because "all the players were given letters by the NFL two years ago saying they had to cease and desist and could not continue to do business with us anymore."

NFL spokesman Greg Aiello confirmed that, but did not respond to other requests for comment about the company or Lewis' involvement.

Key said the deer-antler products made by SWATS "helped the body repair, regrow and rejuvenate" and that "you will never fail a drug test from taking our product."

He added that SWATS has sold its products to more than 20 college football players each at Southeastern Conference schools Alabama, Auburn, Mississippi, LSU and Georgia.

Alabama has sent two cease and desist letters to the company, university spokeswoman Debbie Lane said, adding: "UA has been aware of this situation for some time, and we have monitored this company for several years."

Auburn spokesman Kirk Sampson said that school sent a cease-and-desist letter in 2011.

In an emailed statement, Ross said: "It is the view of SWATS and Mitch Ross that the timing of information was unfortunate and misleading and was in no way intended to harm any athlete. We have always been about aiding athletes to heal faster and participate at an optimum level of play in a lawful and healthy manner. We never encourage the use of harmful supplements and/or dangerous drugs."

Harbaugh didn't think his players would be bothered a bit by the subject this week, dismissively waving his left hand while saying: "As a football team, it's not even a factor for us."

Known for his frequent references to God and faith, 2001 Super Bowl MVP Lewis called the whole episode a "joke" and a "trick of the devil," adding that he told teammates: "Don't let people from the outside ever come and try to disturb what's inside."

Faced with a handful of questions about SWATS, and on-field topics, Lewis never had to deal with a single reference to a dark chapter in his life: He pleaded guilty to obstruction of justice in connection with a double murder after a Super Bowl party at an Atlanta nightclub in 2000.

"We all in here have a past. You know? But how many people actually dwell into it? You know? Nah, it ain't about your past. It's about your future," Lewis said in response to a question about the Ravens keeping focused on Sunday's game.

"And for me and my teammates, I promise you, we have a strong group of men that we don't bend too much," he said, raising a clenched right fist, "and we keep pushing forward. So it's not a distraction at all for us."

Asked about deer-antler spray, San Francisco's tight end Vernon Davis' take was, "I don't think Ray would take any substance."

Carlos Rogers, a 49ers cornerback, chuckled when asked about it and what effect the headlines could have on the Ravens.

"I don't think they'll get a distraction. I don't know what to make of that. I heard it was something that can't be detected. They can't test (for) it, anyway," Rogers said. "Him saying that he's never failed a test, he probably hasn't failed a test for what they test for."

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AP Sports Writer John Zenor in Tuscaloosa, Ala., contributed to this report.

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The Consumer: The Drug-Dose Gender Gap

Most sleeping pills are designed to knock you out for eight hours. When the Food and Drug Administration was evaluating a new short-acting pill for people to take when they wake up in the middle of the night, agency scientists wanted to know how much of the drug would still be in users’ systems come morning.

Blood tests uncovered a gender gap: Men metabolized the drug, Intermezzo, faster than women. Ultimately the F.D.A. approved a 3.5 milligram pill for men, and a 1.75 milligram pill for women.

The active ingredient in Intermezzo, zolpidem, is used in many other sleeping aids, including Ambien. But it wasn’t until earlier this month that the F.D.A. reduced doses of Ambien for women by half.

Sleeping pills are hardly the only medications that may have unexpected, even dangerous, effects in women. Studies have shown that women respond differently than men to many drugs, from aspirin to anesthesia. Researchers are only beginning to understand the scope of the issue, but many believe that as a result, women experience a disproportionate share of adverse, often more severe, side effects.

“This is not just about Ambien — that’s just the tip of the iceberg,” said Dr. Janine Clayton, director for the Office of Research on Women’s Health at the National Institutes of Health. “There are a lot of sex differences for a lot of drugs, some of which are well known and some that are not well recognized.”

Until 1993, women of childbearing age were routinely excluded from trials of new drugs. When the F.D.A. lifted the ban that year, agency researchers noted that because landmark studies on aspirin in heart disease and stroke had not included women, the scientific community was left “with doubts about whether aspirin was, in fact, effective in women for these indications.”

Because so many drugs were tested mostly or exclusively in men, scientists may know little of their effects on women until they reach the market. A Government Accountability Office study found that 8 of 10 drugs removed from the market from 1997 through 2000 posed greater health risks to women.

For example, Seldane, an antihistamine, and the gastrointestinal drug Propulsid both triggered a potentially fatal heart arrhythmia more often in women than in men. Many drugs still on the market cause this arrhythmia more often in women, including antibiotics, antipsychotics, anti-malarial drugs and cholesterol-lowering drugs, Dr. Clayton said. Women also tend to use more medications than men.

The sex differences cut both ways. Some drugs, like the high blood pressure drug Verapamil and the antibiotic erythromycin, appear to be more effective in women. On the other hand, women tend to wake up from anesthesia faster than men and are more likely to experience side effects from anesthetic drugs, according to the Society for Women’s Health Research.

Women also react differently to alcohol, tobacco and cocaine, studies have found.

It’s not just because women tend to be smaller than men. Women metabolize drugs differently because they have a higher percentage of body fat and experience hormonal fluctuations and the monthly menstrual cycle. “Some drugs are more water-based and like to hang out in the blood, and some like to hang out in the fat tissue,” said Wesley Lindsey, assistant professor of pharmacy practice at Auburn University, who is a co-author of a paper on sex-based differences in drug activity.

“If the drug is lipophilic” — attracted to fat cells — “it will move into those tissues and hang around for longer,” Dr. Lindsey added. “The body won’t clear it as quickly, and you’ll see effects longer.”

There are also sex differences in liver metabolism, kidney function and certain gastric enzymes. Oral contraceptives, menopause and post-menopausal hormone treatment further complicate the picture. Some studies suggest, for example, that when estrogen levels are low, women may need higher doses of drugs called angiotensin receptor blockers to lower blood pressure, because they have higher levels of proteins that cause the blood vessels to constrict, said Kathryn Sandberg, director of the Center for the Study of Sex Differences in Health, Aging and Disease at Georgetown.

Many researchers say data on these sex differences must be gathered at the very beginning of a drug’s development — even before trials on human subjects begin.

“The path to a new drug starts with the basic science — you study an animal model of the disease, and that’s where you discover a drug target,” Dr. Sandberg said. “But 90 percent of researchers are still studying male animal models of the disease.”

There have been improvements. In an interview, Dr. Robert Temple, with the Center for Drug Evaluation and Research at the F.D.A., said the agency’s new guidelines in 1993 called for studies of sex differences at the earliest stages of drug development, as well as for analysis of clinical trial data by sex.

He said early research on an irritable bowel syndrome drug, alosetron (Lotronex), suggested it would not be effective in men. As a result, only women were included in clinical trials, and it was approved only for women. (Its use is restricted now because of serious side effects.)

But some scientists say drug metabolism studies with only 10 or 15 subjects are too small to pick up sex differences. Even though more women participate in clinical trials than in the past, they are still underrepresented in trials for heart and kidney disease, according to one recent analysis, and even in cancer trials.

“The big problem is we’re not quite sure how much difference this makes,” Dr. Lindsey said. “We just don’t have a good handle on it.”

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Readers may submit comments or questions for The Consumer by e-mail to consumer@nytimes.com.

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Facebook Beats Forecasts on Earnings and Revenue

SAN FRANCISCO — Wall Street is still not sure about Facebook.

After an eight-month roller coaster ride on the public market, the company on Wednesday beat earnings expectations by aggressively ramping up targeted advertisements to its users, including on mobile phones. It reported fourth-quarter revenues of $1.59 billion, representing 40 percent growth. Analysts were looking for a 34 percent growth in revenue, to $1.52 billion in this quarter, according to analysts surveyed by Bloomberg.

Facebook earned $64 million in net income, or 3 cents a share. Excluding certain items, Facebook said it had a net income of $426 million in the fourth quarter, or 17 cents a share. Analysts had expected 15 cents a share.

But after the earnings report, the stock fell over 5 percent from Wednesday’s closing price of $31.24, before recovering.

Most Facebook users log in on their cell phones, and so the most closely watched piece of the quarterly earnings was how much money the company brought in from its mobile users. It reported that advertising on the mobile newsfeed accounted for 23 percent of its advertising revenues, up from 14 percent in the third quarter of 2012; at the time Mark Zuckerberg, Facebook’s chief executive, told analysts he wished to “dispel the myth” that the company can’t profit in the mobile era.

This quarter, analysts expected the company to rev it up considerably; Aaron Kessler, an analyst at Raymond James, for example, estimated it would rise to more than 25 percent. “They’re experimenting a lot with ad formats,” he said “Not all of them will stick. It’s still in a somewhat experimental phase.”

Despite the stock’s decline after the earnings report, it is still much recovered since last year’s slump. After Facebook’s fairy tale debut in the public markets last year at $38 a share, the stock plummeted, as Wall Street soured on its ability to grow profits as fast as it had wished. Shares slumped to half the public offering price last September.

But the company focused on its advertising business; rolled out a series of new products aimed at taking on some of its biggest rivals, including Google and Apple; and its chief executive, Mark Zuckerberg, took greater initiative to reassure investors it had their interests at heart. Facebook’s share price has steadily improved in the last few weeks, suggesting that the company’s charm offensive to investors is paying off.

Facebook’s biggest, long-term challenge remains how to profit from the enormous piles of personal data of its one billion users without alienating them or inviting the wrath of government regulators in the United States and abroad. Secondarily, it must figure out a way to profit abroad: The lion’s share of its revenues still come from North America and to a lesser extent, Europe.

In the last few months, Facebook has floated several trial balloons designed to please Wall Street and in particular, to persuade investors that it can thrive in the mobile era.

It offered marketers more refined targeting options, including Facebook Exchange, which allows companies to track users as they are browsing and shopping for products around the Web and show them advertisements for those products when they are logged back on to Facebook.

Before Christmas last year, in a bid to step into territory dominated by Amazon, it rolled out the Gifts application, which allows users to buy goods and services for their Facebook friends, and in turn, share with the company an extremely valuable piece of data: their credit card numbers.

Its most ambitious move came in mid-January with a new search tool that mines the vast data posted by individual users and brands. The tool, which the company calls “graph search,” promises to help users answer their questions about everything from jobs to restaurant recommendations. It is part of the company’s efforts to take on smaller sites like Yelp, for restaurants, and LinkedIn, for employment, and ultimately needle its biggest rival, Google, which dominates the search market.

Jared Belsky, executive vice president of a digital marketing agency, 360i, said marketers were more optimistic about the Facebook platform than even a few months ago. “They have so much information to share on consumers, they are getting better at making data available,” he said. “They’re helping us target better, but to a point.”

Facebook remains a shadow of Google: With about $5 billion in revenues in 2012, Facebook earned a little under one-tenth of what Google brought in. Even in the mobile advertising business, Google takes in over half of all revenues, compared with about 8 percent by Facebook, the research firm, eMarketer estimates.

As part of its aggressive appeals to mobile users, a few weeks ago, Facebook rolled out a way for users to make free voice calls using the Internet (think Skype) and leaving voice messages for friends unable to text (think Facebook app for cars).

The Facebook mobile application earlier this month became the most popular in the United States, accounting for 85 million unique users, according to the market research firm ComScore. The company had released a new, faster version of its application for the iPhone last August, followed later in the year by a new version for Android phones.

It showed more advertisements to desktop users and its mobile subscribers. Sponsored Stories advertisements appear in the mobile newsfeed and app developers can market their products with what are called app install ads.

One offering, Poke, a fleeting text application aimed squarely at young audiences, sank like a lead balloon. Poke was clearly intended to rival Snapchat, which is popular among teenagers, a demographic that Facebook desperately needs to hold onto.

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Survey shows strong consumer interest in BlackBerry 10, but few are willing to buy just yet

The good news for RIM (RIMM): Lots of people are interested in checking out its upcoming BlackBerry 10 platform. The bad news: Few are willing to commit to buying a BlackBerry 10 device at the moment. According to a new online survey of more than 1,100 Americans commissioned by mobile application specialist BiTE interactive and conducted by reputable pollster YouGov, 47% of Americans find “at least one of BlackBerry’s new features appealing,” although only around 13% say they’ll consider buying a BlackBerry 10 device.

[More from BGR: Apple’s 128GB iPad shows the world exactly what Apple does best]

[More from BGR: Apple unveils new 128GB iPad]

The survey found that the new Time Shift Camera, which lets users rapid-shoot multiple pictures of the same subject and then choose the best one from the bunch, was the most popular new BlackBerry feature, followed by BlackBerry 10′s new predictive keyboard. But as BiTE operations executive vice president Joseph Farrell notes, there’s a big difference between interest in new features and a commitment to spend money acquiring them. Farrell also thinks that RIM will still struggle to be relevant as long as app developers neglect BlackBerry in favor of iOS and Android.

“RIM’s much anticipated BB10 launch is a major, and much needed overhaul for the one-time smartphone leader and all indications are that it has, at very least succeeded in convincing Americans to give BlackBerry a second look,” he says. “However, it is clear that while all the new features can catch the interest of Android and iOS owners, the key chink in RIM’s armor remains its apps ecosystem. RIM has made great efforts to catch up with iOS and Android in this regard, but it, like Microsoft, is likely to find this far easier said than done.”

BiTE’s full press release is posted below.

BlackBerry 10 Captures Attention of One in Two Americans

But only one in eight will actually consider buying a BB10 device

Los Angeles, January 29, 2013 – Ahead of the launch of Research in Motion’s long-anticipated BlackBerry 10 operating system and two new smartphones this week, nearly one in two Americans online (47 percent) finds at least one of BlackBerry’s new features appealing.

Despite interest in the new features only one in eight Americans (13 percent) will consider buying a BB10 device, and only one in 100 plans to get one immediately. The findings are according to a report from BiTE interactive, the native mobile application specialist for Fortune 1000 brands, which commissioned YouGov to poll the views of a representative sample of 1,127 American adults online.

Time Shift Camera wins most American hearts, especially with Android owners

RIM’s Time Shift Camera is the most compelling new BB10 feature for 16 percent of Americans. The Time Shift Camera takes multiple shots of a subject in a single picture and lets you choose the best composite image. 46 percent more women than men identify it as the most attractive new feature of BB10, while it is most appealing for one in five (21 percent) 18-34 year olds. The same age group is also the most likely to find one of the BlackBerry 10’s features appealing (66 percent). RIM’s new predictive keyboard feature is the most compelling new feature for only six percent of Americans while only one in 100 picked the new ‘flow’ interface.

The new BB10 features appeal to more Android (65 percent) than iPhone owners (56 percent).

“RIM’s much anticipated BB10 launch is a major, and much needed overhaul for the one-time smartphone leader and all indications are that it has, at very least succeeded in convincing Americans to give BlackBerry a second look,” said Joseph Farrell, EVP Operations, BiTE interactive. “However, it is clear that while all the new features can catch the interest of Android and iOS owners, the key chink in RIM’s armor remains its apps ecosystem. RIM has made great efforts to catch up with iOS and Android in this regard, but it, like Microsoft, is likely to find this far easier said than done. A lot of eyes will be on the new BlackBerry World from day one, as its success is pivotal to that of the BB10 devices as viable mainstream consumer handsets.”

iPhone owners least likely to jump to BlackBerry

According to BiTE interactive’s report, iPhone owners are the least likely to buy into BB10. Only around one in 10 (11 percent) have any interest in owning one of RIM’s new phones compared with around one in five (21 percent) Android owners. Overall, almost one in two (44 percent) Americans definitely will not get a BB10 device while a further one in four (27 percent) say they will likely not get one.

Joseph Farrell added, “RIM’s challenge is compounded by the fact that Google and Apple have already built up huge mobile user bases who, for the most part, have invested lots of time and money learning and using their platform of choice. To switch to any new platform, even between the two, means a new investment of time and resources that many do not wish to spend, let alone taking a perceived risk on the new BB10 platform, no matter how impressive some of the new technology is.”

Research methodology

BiTE interactive commissioned YouGov to poll the views of a representative sample of 1,127 US adults. Fieldwork was undertaken between January 23-25, 2013. The survey was carried out online. The figures have been weighted and are representative of all US adults (aged 18+).

This article was originally published on BGR.com

Gadgets News Headlines – Yahoo! News

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Senate Approves Kerry for Secretary of State

WASHINGTON — The Senate on Tuesday confirmed Senator John Kerry as secretary of state, filling a key job in President Obama’s second-term national security team.

The nomination was approved by a vote of 94 to 3. Senators Ted Cruz and John Cornyn, Republicans of Texas, and Senator James M. Inhofe, Republican of Oklahoma, opposed the nomination. Mr. Kerry voted “present.”

Mr. Kerry, a Massachusetts Democrat who has served in the Senate since 1985, had strong support on both sides of the aisle. Earlier in the day, the Senate Foreign Relations Committee, the panel he has led for the past four years, gave his nomination unanimous approval.

Mr. Kerry, 69, a decorated Vietnam War veteran who was the 2004 Democratic presidential nominee, is the son of a Foreign Service officer. He will succeed Hillary Rodham Clinton, whose last day at the State Department is Friday.

Mr. Obama has also named former Sen. Chuck Hagel, Republican of Nebraska, to succeed Leon E. Panetta as secretay of defense, and John O. Brennan, currently his counterterrorism adviser, as director of the Central Intelligence Agency. Both will face more questions than Mr. Kerry did from senators of both parties when their confirmation hearings are held, though their nominations are expected to be approved. Mr. Hagel’s hearing is scheduled for Thursday, and Mr. Brennan’s for Feb. 7.

Mrs. Clinton, who was participating in a global forum at the State Department, expressed her hope that Mr. Kerry could make headway on the Middle East.

Taking note of the recent Israeli parliamentary elections, in which a centrist coalition made significant gains, Mrs. Clinton said that the shifting political landscape might facilitate progress.

“I actually think that this election opens doors, not nails them shut,” she said. “I know that President Obama, my successor, soon to be Secretary of State John Kerry, will pursue this.”

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A-Rod denies PED use report; MLB investigates

NEW YORK (AP) — Alex Rodriguez denied a newspaper report that accused him of buying human growth hormone and other performance-enhancing substances from a Miami-area clinic.

The Miami New Times, an alternative weekly, reported Tuesday that it obtained records detailing purchases by Rodriguez, Melky Cabrera, Gio Gonzalez, Bartolo Colon, Nelson Cruz and Yasmani Grandal from a clinic called Biogenesis, run by Anthony Bosch. The paper also posted copies of what it said were Bosch's handwritten records, obtained through a former Biogenesis employee.

Rodriguez admitted four years ago that he used PEDs from 2001-03. Cabrera, Colon and Grandal were suspended for 50 games each last year by MLB following tests for elevated testosterone.

"We are always extremely disappointed to learn of potential links between players and the use of performance-enhancing substances," MLB said in a statement. "Only law enforcement officials have the capacity to reach those outside the game who are involved in the distribution of illegal performance-enhancing drugs. ... We are in the midst of an active investigation and are gathering and reviewing information."

A baseball official, speaking on condition of anonymity because he was not authorized to make public statements, said Monday that MLB did not have any documentation regarding the allegations. If MLB does obtain evidence, the players could be subject to discipline. First offenses result in a 50-game suspension and second infractions in 100-game penalties. A third violation results in a lifetime ban.

Rodriguez is sidelined for at least the first half of the season after hip surgery Jan. 16. A 50-game suspension would cost him $7.65 million of his $28 million salary.

"The news report about a purported relationship between Alex Rodriguez and Anthony Bosch are not true," Rodriguez said in a statement issued by a publicist. "He was not Mr. Bosch's patient, he was never treated by him and he was never advised by him. The purported documents referenced in the story — at least as they relate to Alex Rodriguez — are not legitimate."

Jay Reisinger, a lawyer who has presented Rodriguez in recent years, said the three-time AL MVP had retained Roy Black, an attorney from Rodriguez's hometown of Miami. Black's clients have included Rush Limbaugh and William Kennedy Smith.

Rodriguez spent years denying he used PEDs before Sports Illustrated reported in February 2009 that he tested positive for two steroids in MLB's anonymous survey while with the Texas Rangers in 2003. Two days later, he admitted in an ESPN interview that he used PEDs over a three-year period. He has denied using PEDs after 2003.

If the new allegations were true, the Yankees would face high hurdles to get out of the final five years of Rodriguez's contract, which call for him to receive $114 million. Because management and the players' union have a joint drug agreement, an arbitrator could determine that any action taken by the team amounted to multiple punishments for the same offense.

The Yankees said "this matter is now in the hands of the commissioner's office" and said they will not comment further until MLB's investigation ends.

Gonzalez posted on his Twitter feed: "I've never used performance enhancing drugs of any kind and I never will, I've never met or spoken with tony Bosch or used any substance provided by him. anything said to the contrary is a lie."

Colon was not issuing a statement, agent Adam Katz said through spokeswoman Lisa Cohen. Sam and Seth Levinson, the agents for Cabrera and Cruz, did not immediately respond to emails seeking comment.

Cruz and Gonzalez had not previously been linked to performance-enhancing drugs. Cruz's team, the Texas Rangers, said it notified MLB last week after being contacted by the New Times.

The New Times report said it obtained notes by Bosch listing the players' names and the substances they received. Several unidentified employees and clients confirmed to the publication that the clinic distributed the substances, the paper said. The employees said that Bosch bragged of supplying drugs to professional athletes but they never saw the sports stars in the office.

Rodriguez appears 16 times in the documents it received, the paper said, either as "Alex Rodriguez," ''Alex Rod" or the nickname "Cacique," a pre-Columbian Caribbean chief. The paper said the records list that Rodriguez paid for HGH; testosterone cream; IGF-1, a substance banned by baseball that stimulates insulin production; and GHRP, which releases growth hormones.

Rodriguez's cousin, Yuri Sucart, also is listed as having purchased HGH. Sucart was banned from the Yankees clubhouse, charter flights, bus and other team-related activities by MLB in 2009 after Rodriguez said Sucart obtained and injected PEDs for him.

Also listed among the records, according to the New Times, are tennis player Wayne Odesnik, Cuban boxer Yuriorkis Gamboa and Jimmy Goins, the strength and conditioning coach of the University of Miami baseball team.

Mia Ro, a spokeswoman for the federal Drug Enforcement Administration in Miami, said she could not confirm or deny the existence of an investigation in Bosch or the clinic.

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Well: Ask Well: Squats for Aging Knees

You are already doing many things right, in terms of taking care of your aging knees. In particular, it sounds as if you are keeping your weight under control. Carrying extra pounds undoubtedly strains knees and contributes to pain and eventually arthritis.

You mention weight training, too, which is also valuable. Sturdy leg muscles, particularly those at the front and back of the thighs, stabilize the knee, says Joseph Hart, an assistant professor of kinesiology and certified athletic trainer at the University of Virginia, who often works with patients with knee pain.

An easy exercise to target those muscles is the squat. Although many of us have heard that squats harm knees, the exercise is actually “quite good for the knees, if you do the squats correctly,” Dr. Hart says. Simply stand with your legs shoulder-width apart and bend your legs until your thighs are almost, but not completely, parallel to the ground. Keep your upper body straight. Don’t bend forward, he says, since that movement can strain the knees. Try to complete 20 squats, using no weight at first. When that becomes easy, Dr. Hart suggests, hold a barbell with weights attached. Or simply clutch a full milk carton, which is my cheapskate’s squats routine.

Straight leg lifts are also useful for knee health. Sit on the floor with your back straight and one leg extended and the other bent toward your chest. In this position, lift the straight leg slightly off the ground and hold for 10 seconds. Repeat 10 to 20 times and then switch legs.

You can also find other exercises that target the knees in this video, “Increasing Knee Stability.”

Of course, before starting any exercise program, consult a physician, especially, Dr. Hart says, if your knees often ache, feel stiff or emit a strange, clicking noise, which could be symptoms of arthritis.

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