Athletes cash in on California's workers' comp

SACRAMENTO — In his seven-year career with the Denver Broncos, running back Terrell Davis, a former Super Bowl Most Valuable Player, dazzled fans with his speed and elusiveness.

At the end of his rookie year in 1995, he signed a $6.8-million, five-year contract. Off the field he endorsed Campbell's soup. And when he hung up his cleats, he reported for the National Football League Network and appeared in movies and TV shows.

So it may surprise Californians to find out that in 2011, Davis got a $199,000 injury settlement from a California workers' compensation court for injuries related to football. This came despite the fact Davis was employed by a Colorado team and played just nine times in California during an 88-game career, according to the NFL.

Davis was compensated for the lifelong effects of multiple injuries to the head, arms, trunk, legs and general body, according to California workers' compensation records.

He is not alone.

Over the last three decades, California's workers' compensation system has awarded millions of dollars in benefits for job-related injuries to thousands of professional athletes. The vast majority worked for out-of-state teams; some played as little as one game in the Golden State.

All states allow professional athletes to claim workers' compensation payments for specific job-related injuries — such as a busted knee, torn tendon or ruptured spinal disc — that happened within their borders. But California is one of the few that provides additional payments for the cumulative effect of injuries that occur over years of playing.

A growing roster of athletes are using this provision in California law to claim benefits. Since the early 1980s, an estimated $747 million has been paid out to about 4,500 players, according to an August study commissioned by major professional sports leagues. California taxpayers are not on the hook for these payments. Workers' compensation is an employer-funded program.

Now a major battle is brewing in Sacramento to make out-of-state players ineligible for these benefits, which are paid by the leagues and their insurers. They have hired consultants and lobbyists and expect to unveil legislation next week that would halt the practice.

"The system is completely out of whack right now," said Jeff Gewirtz, vice president of the Brooklyn Nets — formerly the New Jersey Nets — of the National Basketball Assn.

Major retired stars who scored six-figure California workers' compensation benefits include Moses Malone, a three-time NBA most valuable player with the Houston Rockets, Philadelphia 76ers and other teams. He was awarded $155,000. Pro Football Hall of Fame wide receiver Michael Irvin, formerly with the Dallas Cowboys, received $249,000. The benefits usually are calculated as lump-sum payments but sometimes are accompanied by open-ended agreements to provide lifetime medical services.

Players, their lawyers and their unions plan to mount a political offensive to protect these payouts.

Although the monster salaries of players such as Los Angeles Lakers guard Kobe Bryant and Denver Broncos quarterback Peyton Manning make headlines, few players bring in that kind of money. Most have very short careers. And some, particularly football players, end up with costly, debilitating injuries that haunt them for a lifetime but aren't sufficiently covered by league disability benefits.

Retired pros increasingly are turning to California, not only because of its cumulative benefits but also because there's a longer window to file a claim. The statute of limitations in some states expires in as little as a year or two.

"California is a last resort for a lot of these guys because they've already been cut off in the other states," said Mel Owens, a former Los Angeles Rams linebacker-turned-workers' compensation lawyer who has represented a number of ex-players.

To understand how it works, consider the career of Ernie Conwell. A former tight end for the St. Louis Rams and New Orleans Saints, he was paid $1.6 million for his last season in 2006.

Conwell said that during his 11-year career, he underwent about 18 surgeries, including 11 knee operations. Now 40, he works for the NFL players union and lives in Nashville.

Hobbled by injuries, he filed for workers' compensation in Louisiana and got $181,000 in benefits to cover his last, career-ending knee surgery in 2006, according to the Saints. The team said it also provided $195,000 in injury-related benefits as part of a collective-bargaining agreement with the players union.

But such workers' compensation benefits paid by Louisiana cover only specific injuries. So, to deal with what he expects to be the costs of ongoing health problems that he said affect his arms, legs, muscles, bones and head, Conwell filed for compensation in California and won.

Even though he played only about 20 times in the state over his professional career, he received a $160,000 award from a California workers' compensation judge plus future medical benefits, according to his lawyer. The Saints are appealing the judgment.

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That Syncing Feeling

“Smart, or stylish?” That’s the question facing casual watch aficionados looking for a new, high-tech addition to their collection.

On one hand (er, wrist), you’ve got the Pebble and other smartwatch upstarts, which come with built-in smartphone connectivity, customizable screens, and burgeoning developer communities eager to feed their app ecosystems. They also, by and large, look like uninspired pieces of mass-produced Chinese plastic, and that’s because they are.

On the “stylish” end of the spectrum is … not much. Except this: Citizen’s Eco-Drive Proximity.

The Citizen learns the current time from your phone, and the watch’s hands spin around to the correct positions.

By all outward appearances, the Proximity looks like any another chronograph in a sea of handsome mechanical watches. It has all the features you’d expect, including a 24-hour dial, day and date, perpetual calendar and second time zone. But housed within its slightly oversized 46mm case is a Bluetooth 4.0 radio, so it’s capable of passing data over the new low-energy connectivity standard appearing in newer smartphones, including the iPhone 5 and 4S. And for now, the Promixity is only compatible with those Apple devices.

Initial pairing is relatively easy. After downloading Citizen’s notably low-rent iOS app, you can link the watch to your phone with a few turns and clicks on the crown.

The gee-whiz feature is the automatic time sync that takes place whenever you land in a different time zone. Once connected, the Citizen learns the current time from your phone, and the watch’s hands spin around to the correct positions — a welcome bit of easy magic, considering the initial setup is a tedious finger dance.

The watch can also notify you of incoming communications. Once you’ve configured the mail client (it only supports IMAP accounts), you’ll get notified whenever you get a new e-mail — there’s a slight vibration and the second hand sweeps over to the “mail” tab at the 10-o’clock position. If a phone call comes in, the second hand moves to the 11-o’clock marker. If the Bluetooth connection gets lost because the watch or phone is outside the 30-foot range, you get another vibration and the second hand moves to the “LL” indicator. And really, that’s the extent of the functionality around notifications.

But notable in its absence is the notification I’d like the most: text message alerts. And it’s not something Citizen will soon be rectifying because the dials and hardware aren’t upgradable.

I also experienced frequent connection losses, particularly when attending a press conference with scads of Mi-Fis and tethered smartphones around me. This caused dozens of jarring vibrations both on my wrist and in my pocket, followed by a raft of push notifications on my phone informing me of the issue. Reconnecting is easy (and generally happens automatically), but the lack of stability in certain environments matched with the limited capabilities of the notifications had me forgetting to reconnect and not even worrying about it later on.

But actually, I’m OK with that. I still like the fact that it never needs charging. Even though there aren’t any solar cells visible on the dial, the watch does have them. They’re hidden away beneath the dial, and yet they still work perfectly. And even when its flagship connectivity features aren’t behaving, it’s still a damn handsome watch. It feels solid, and it looks good at the office, out to dinner, or on the weekend — something very few other “smart” watches on the market can claim.

However, those things can be said of almost all of Citizen’s EcoDrive watches. The big distinguishing feature here is the Bluetooth syncing and notifications, and they just don’t work that well.

WIRED A smart watch you won’t be embarrassed to wear. Charges using light. Combines classic styling with cutting-edge connectivity. Subtle notifications keep you informed without dominating your attention.

TIRED Loses Bluetooth connection with disturbing frequency. Limited notification abilities. No text message alerts. Janky iPhone app.

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Drone Pilots Found to Get Stress Disorders Much as Those in Combat Do

U.S. Air Force/Master Sgt. Steve Horton

Capt. Richard Koll, left, and Airman First Class Mike Eulo monitored a drone aircraft after launching it in Iraq.

The study affirms a growing body of research finding health hazards even for those piloting machines from bases far from actual combat zones.

“Though it might be thousands of miles from the battlefield, this work still involves tough stressors and has tough consequences for those crews,” said Peter W. Singer, a scholar at the Brookings Institution who has written extensively about drones. He was not involved in the new research.

That study, by the Armed Forces Health Surveillance Center, which analyzes health trends among military personnel, did not try to explain the sources of mental health problems among drone pilots.

But Air Force officials and independent experts have suggested several potential causes, among them witnessing combat violence on live video feeds, working in isolation or under inflexible shift hours, juggling the simultaneous demands of home life with combat operations and dealing with intense stress because of crew shortages.

“Remotely piloted aircraft pilots may stare at the same piece of ground for days,” said Jean Lin Otto, an epidemiologist who was a co-author of the study. “They witness the carnage. Manned aircraft pilots don’t do that. They get out of there as soon as possible.”

Dr. Otto said she had begun the study expecting that drone pilots would actually have a higher rate of mental health problems because of the unique pressures of their job.

Since 2008, the number of pilots of remotely piloted aircraft — the Air Force’s preferred term for drones — has grown fourfold, to nearly 1,300. The Air Force is now training more pilots for its drones than for its fighter jets and bombers combined. And by 2015, it expects to have more drone pilots than bomber pilots, although fighter pilots will remain a larger group.

Those figures do not include drones operated by the C.I.A. in counterterrorism operations over Pakistan, Yemen and other countries.

The Pentagon has begun taking steps to keep pace with the rapid expansion of drone operations. It recently created a new medal to honor troops involved in both drone warfare and cyberwarfare. And the Air Force has expanded access to chaplains and therapists for drone operators, said Col. William M. Tart, who commanded remotely piloted aircraft crews at Creech Air Force Base in Nevada.

The Air Force has also conducted research into the health issues of drone crew members. In a 2011 survey of nearly 840 drone operators, it found that 46 percent of Reaper and Predator pilots, and 48 percent of Global Hawk sensor operators, reported “high operational stress.” Those crews cited long hours and frequent shift changes as major causes.

That study found the stress among drone operators to be much higher than that reported by Air Force members in logistics or support jobs. But it did not compare the stress levels of the drone operators with those of traditional pilots.

The new study looked at the electronic health records of 709 drone pilots and 5,256 manned aircraft pilots between October 2003 and December 2011. Those records included information about clinical diagnoses by medical professionals and not just self-reported symptoms.

After analyzing diagnosis and treatment records, the researchers initially found that the drone pilots had higher incidence rates for 12 conditions, including anxiety disorder, depressive disorder, post-traumatic stress disorder, substance abuse and suicidal ideation.

But after the data were adjusted for age, number of deployments, time in service and history of previous mental health problems, the rates were similar, said Dr. Otto, who was scheduled to present her findings in Arizona on Saturday at a conference of the American College of Preventive Medicine.

The study also found that the incidence rates of mental heath problems among drone pilots spiked in 2009. Dr. Otto speculated that the increase might have been the result of intense pressure on pilots during the Iraq surge in the preceding years.

The study found that pilots of both manned and unmanned aircraft had lower rates of mental health problems than other Air Force personnel. But Dr. Otto conceded that her study might underestimate problems among both manned and unmanned aircraft pilots, who may feel pressure not to report mental health symptoms to doctors out of fears that they will be grounded.

She said she planned to conduct two follow-up studies: one that tries to compensate for possible underreporting of mental health problems by pilots and another that analyzes mental health issues among sensor operators, who control drone cameras while sitting next to the pilots.

“The increasing use of remotely piloted aircraft for war fighting as well as humanitarian relief should prompt increased surveillance,” she said.

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Gunfire and deadly crash rattle the Las Vegas Strip

LAS VEGAS — A spectacular predawn crash on the Strip — triggered when bullets fired from a black Range Rover peppered a Maserati — hit this resort city right between the eyes. In the end, three people were dead and a major intersection under lockdown during a three-state manhunt for the shooters, leaving even casino veterans used to the extraordinary scratching their heads.

The mayhem was sparked, witnesses told police, by a quarrel early Thursday at a hotel valet stand.

The two vehicles left the Aria resort hotel and were heading north on Las Vegas Boulevard at 4:20 a.m., an hour when the casino marquees shine brightly but the gambling thoroughfare is largely empty. At Harmon Avenue, occupants inside the Range Rover opened fire on the Maserati, police said.

The silver-gray sports car, which was struck several times, sped into the intersection at Flamingo Road, ramming a Yellow cab. The taxi exploded, killing the driver and a passenger. Four other vehicles in the intersection were also involved in the crash and explosion, but officers offered no details.

"Omg Omg Omg that car just blew up!" one witness tweeted shortly after the crash, posting a photo of the wreckage. "God Bless their Souls! Omg!"

The driver of the Maserati died later at a hospital, police said. A passenger in the vehicle received minor injuries and was being interviewed by investigators. At least three others were also injured.

Police in Nevada, California, Arizona and Utah were on alert for the distinctive black Range Rover SUV, described as having dark-tinted windows, black rims and out-of-state paper dealer plates.

"We are going to pursue these individuals and prosecute them," Clark County Sheriff Doug Gillespie said at an afternoon news conference. "This act was totally unacceptable. It's not just tragic but unnecessary — the level of violence we see here in Las Vegas and across America."

Authorities had not publicly identified the dead. But a Las Vegas television station late Thursday identified the taxi driver as Michael Boldon, 62, who the station said had recently moved here from Michigan to care for his 93-year-old mother.

The victim's son, who drives a limousine, told Fox News 5 that he last talked with his father after 3 a.m., and later called his cellphone shortly after the crash to warn him to avoid the Strip. But there was no answer.

The station also identified the driver of the Maserati as Ken Cherry, a rap artist from Oakland who also is known as "Kenny Clutch." The station quoted family members identifying Cherry as the driver. An Internet video of a Cherry song called "Stay Schemin" shows two men in a vehicle on the Strip.

Police had more questions than answers.

"It began with a dispute at a nearby hotel and spilled onto the streets," said Capt. Chris Jones of the Las Vegas Police Robbery and Homicide Division.

The morning's events threw the Strip into disarray all day. The gambling boulevard's busiest and best-known intersection was cordoned off by yellow police tape until nightfall, keeping traffic and curious pedestrians away from the carnage. Even skywalks were blocked off.

While slot machines beeped and card games continued inside casinos around the accident scene — including the Bellagio, Caesars Palace and Paris Las Vegas — hotel bell captains were fielding questions from tourists who had awakened to news of the crash and the Strip shutdown. The alleys and side streets between nearby hotels were clogged with pedestrians who inched along on narrow sidewalks, past delivery doors, many making their own paths between the landscaped bushes and palm trees.

Even casino industry workers were thrown into turmoil. Hotel maids and dealers who finished their midnight shifts after dawn were left without bus service home. "I'm stranded," said Tiruselam Kefyalew, 25, a maid. "What a day to leave my cellphone at home."

Limousine drivers who normally prowl the city's gambling core improvised detours. Some said the police blockade would cost them $500 or more in lost business and tips.

"Most people understand, but you have your complainers," said Jim DeSanto, a limo driver who waited for fares outside Bally's casino. "Those people will complain, even when everything is perfect."

Well after noon, guests peered out nearby hotel windows and others leaned into the street to glimpse the crime scene.

"Hey, honey, it must have happened right here," one man told his wife as they left Caesars around noon. The tourist, who would only say that he had arrived from Tampa, Fla., the previous evening, had looked out his hotel window at 4:30 to see a vehicle in flames.

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Good Lookin' Out

The other strap-it-on-and-get-rad cameras out there — the GoPros and the Contours and the Ions — are all pretty sick in their own right. But for ease of use, no camera is sicker than Drift Action’s HD Ghost cam.

It has enough capability and pure oomph to keep up with the competition — it captures 1080p at 30fps and 720p at 60fps, and it can talk to your other devices via Wi-Fi — but it also comes stock with features other cams make you pay extra for: an integrated 2-inch color LCD screen; big, meaty navigation buttons on top of the camera; and a wrist-mounted remote control that lets you start and stop recording from up to 30 feet away. The whole thing’s waterproof up to 9 feet, too, so mountain biking through a rainstorm or snowboarding during a whiteout doesn’t require a separate waterproof case.

Now, 1080p at 30fps isn’t the best in class. The best camera for slow-mo footage is the GoPro Hero3 (also $400), which offers double the frame rate at 1080p. And all those additional features — the remote, the LCD screen, the waterproof case — are available in some form or another with other cams, albeit usually at an extra cost. What makes the HD Ghost stand out is how easy to use it is. Thanks to the clearly labeled buttons and the intuitive menu on the LCD screen, I was able to ditch the user guide and still access the majority of the Ghost’s functions.

The wrist-mounted remote is great, too. The controls can be operated with heavy gloves on, and the buttons make changing settings, swapping functions, and checking out the footage you just captured remarkably easy. Colored LED lights on the watch-sized unit let you know what mode the Ghost is in, as well as the camera’s status.

My favorite feature on the Ghost is the on-the-fly video-tagging capability. When it’s in what Drift calls “Flashback mode,” the camera records video on a continuous loop ranging in length from 10 seconds to five minutes. If something sweet happens on your bike ride, you can press a button and save the last minute of footage (or however long), then immediately start a new loop. Not only does this save precious space on your memory card, but it also saves you from having to wade through hours of boring footage to find the good clips.

During my test trip to Squaw Valley in Northern California’s Lake Tahoe area, I never lost footage due to user error (leaving the camera off and thinking it was recording when it wasn’t, which I usually do all the time), and the rotating lens let me mount it just about anywhere without tweaking my angles. I was satisfied with the footage. It was clear and sharp, and I was able to snag the occasional still photo while I was recording video.

Here’s a highlight reel. This string of clips is made up of raw video straight from the camera.

The GoPro Hero and the new Sony Action Cam are still the wearables to beat for image quality and (especially with the GoPro) capturing slo-mo shots. But I can heartily recommend the HD Ghost, especially for those who’d rather get outside and start recording than spend hours digesting a manual to figure out how it works.

WIRED Simple out-of-box use. Battery lasts about three hours. Waterproof to 9 feet without a case. Intuitive smartphone app interface. Awesome remote you can strap to your wrist, or anywhere. Rotating lens lets you position it pretty much anywhere on your body or board and still find acceptable angles. Can capture 11-megapixel stills while shooting video.

TIRED Heavy. Multicolored LED lights aren’t great for us red/green colorblind folks. Pricey — Sony’s camera is less expensive.

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Mira Sorvino cast in Jim Gaffigan’s CBS pilot

LOS ANGELES (TheWrap.com) – Mira Sorvino and Jim Gaffigan are getting hitched. At least on the small screen.

“The Replacement Killers” star Sorvino has signed on for Gaffigan‘s CBS comedy pilot. as the comedian’s wife.

The as-yet-untitled, single-camera pilot stars comedian Gaffigan as a happily married and harried New York City father of five (as, perhaps not coincidentally, he is in real life). Sorvino will play Jeannie, a super-wife and super-mom of five who has a sixth child in the form of her husband, Jim.

Gaffigan and “Rescue Me” creator Peter Tolan are writing and executive producing the pilot, which comes from Sony Television in association with Fedora Entertainment. Michael Wimer and Alex Murray are also executive producing.

Sorvino had previously been cast in the TNT pilot “Trooper” from Jerry Bruckheimer, a procedural drama about a recently divorced mother of three and state trooper who takes an unconventional approach to her work.

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The New Old Age Blog: For Traumatized Caregivers, Therapy Helps

I recently wrote about caregivers who experienced symptoms of traumatic-like stress, and readers responded with heart-rending stories. Many described being haunted by distress long after a relative died.

Especially painful, readers said, was witnessing a loved one’s suffering and feeling helpless to do anything about it.

The therapists I spoke with said they often encountered symptoms among caregivers similar to those shown by people with post-traumatic stress — intrusive thoughts, disabling anxiety, hyper-vigilance, avoidance behaviors and more — even though research documenting this reaction is scarce. Improvement with treatment is possible, they say, although a sense of loss may never disappear completely.

I asked these professionals for stories about patients to illustrate the therapeutic process. Read them below and you’ll notice common themes. Recovery depends on unearthing the source of psychological distress and facing it directly rather than pushing it away. Learning new ways of thinking can change the tenor of caregiving, in real time or in retrospect, and help someone recover a sense of emotional balance.

Barry Jacobs, a clinical psychologist and author of “The Emotional Survival Guide for Caregivers” (Guilford Press, 2006), was careful to distinguish normal grief associated with caregiving from a traumatic-style response.

“Nightmares, lingering bereavement or the mild re-experiencing of events that doesn’t send a person into a panic every time is normal” and often resolves with time, he said.

Contrast that with one of his patients, a Greek-American woman who assisted her elderly parents daily until her father, a retired firefighter, went to the hospital for what doctors thought would be a minor procedure and died there of a heart attack in the middle of the night.

Every night afterward, at exactly 3 a.m., this patient awoke in a panic from a dream in which a phone was ringing. Unable to go back to sleep for hours, she agonized about her father dying alone at that hour.

The guilt was so overwhelming, the woman couldn’t bear to see her mother, talk with her sisters or concentrate at work or at home. Sleep deprived and troubled by anxiety, she went to see her doctor, who works in the same clinic as Dr. Jacobs and referred her to therapy.

The first thing Dr. Jacobs did was to “identify what happened to this patient as traumatic, and tell her acute anxiety was an understandable response.” Then he asked her to “grieve her father’s death” by reaching out to her siblings and her mother and openly expressing her sadness.

Dr. Jacobs also suggested that this patient set aside a time every day to think about her father — not just the end of his life, but also all the things she had loved about him and the good times they’d had together as a family.

Don’t expect your night time awakenings to go away immediately, the psychologist told his patient. Instead, plan for how you’re going to respond when these occur.

Seven months later, the patient reported her panic at a “3 or 4” level instead of a “10” (the highest possible number), Dr. Jacobs said.

“She’ll say, ‘oh, there’s the nightmare again,’ and she can now go back to sleep fairly quickly,” he continued. “Research about anxiety tells us that the more we face what we fear, the quicker we are to extinguish our fear response and the better able we are to tolerate it.”

Sara Qualls, a professor of psychology at the University of Colorado in Colorado Springs, said it’s natural for caregivers to be disgusted by some of what they have to do — toileting a loved one, for instance — and to be profoundly conflicted when they try to reconcile this feeling with a feeling of devotion. In some circumstances, traumatic-like responses can result.

Her work entails naming the emotion the caregiver is experiencing, letting the person know it’s normal, and trying to identify the trigger.

For instance, an older man may come in saying he’s failed his wife with dementia by not doing enough for her. Addressing this man’s guilt, Dr. Qualls may find that he can’t stand being exposed to urine or feces but has to help his wife go to the bathroom. Instead of facing his true feelings, he’s beating up on himself psychologically — a diversion.

Once a conflict of this kind is identified, Dr. Qualls said she can help a person deal with the trigger by using relaxation exercises and problem-solving techniques, or by arranging for someone else to do a task that he or she simply can’t tolerate.

Asked for an example, Dr. Qualls described a woman who traveled to another state to see her mother, only to find her in a profound disheveled, chaotic state. Her mother said that she didn’t want help, and her brother responded with disbelief. Soon, the woman’s blood pressure rose, and she began having nightmares.

In therapy, Dr. Qualls reassured the patient that her fear for her mother’s safety was reasonable and guided her toward practical solutions. Gradually, she was able to enlist her brother’s help and change her mother’s living situation, and her sense of isolation and helplessness dissipated.

“I think that a piece of the trauma reaction that is so devastating is the intense privacy of it,” Dr. Qualls said. “Our work helps people moderate their emotional reactivity through human contact, sharing and learning strategies to manage their responsiveness.”

Dolores Gallagher-Thompson, a professor of psychiatry at Stanford University School of Medicine in California, noted that stress can accumulate during caregiving and reach a tipping point where someone’s ability to cope is overwhelmed.

She tells of a vibrant, active woman in her 60s caring for an older husband who declined rapidly from dementia. “She’d get used to one set of losses, and then a new loss would occur,” Dr. Gallagher-Thompson said.

The tipping point came when the husband began running away from home and was picked up by the police several times. The woman dropped everything else and became vigilant, feeling as if she had to watch her husband day and night. Still, he would sneak away and became more and more difficult.

Both husband and wife had come from Jewish families caught up in the Holocaust during World War II, and the feeling of “complete and utter helplessness and hopelessness” that descended on this older woman was intolerable, Dr. Gallagher-Thompson said.

Therapy was targeted toward helping the patient articulate thoughts and feelings that weren’t immediately at the surface of her consciousness, like, for example, her terror at the prospect of abandonment. “I’d ask her ‘what are you afraid of? If you visualize your husband in a nursing home or assisted living, what do you see?’” Dr. Gallagher-Thompson said.

Then the conversation would turn to the choices the older woman had. Go and look at some long-term care places and see what you think, her psychologist suggested. You can decide how often you want to visit. “This isn’t an either-or — either you’re miserable 24/7 or you don’t love him,” she advised.

The older man went to assisted living, where he died not long afterward of pneumonia that wasn’t diagnosed right away. The wife fell into a depression, preoccupied with the thought that it was all her fault.

Another six months of therapy convinced her that she had done what she could for her husband. Today she works closely with her local Alzheimer’s Association chapter, “helping other caregivers learn how to deal with these kinds of issues in support groups,” Dr. Gallagher-Thompson said.

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Wall Street Edges Ahead

Stocks rose on Wall Street Friday, bolstered by better-than-expected earnings from Hewlett-Packard.

The Standard & Poor’s 500-stock index climbed 0.4 percent, the Dow Jones industrial average rose 0.3 percent, and the Nasdaq composite index added 0.4 percent.

The S.&P. 500 has dropped 1.9 percent over the last two sessions, its worst two-day drop since early November, putting the benchmark index on pace for its first weekly decline of the year. The retreat was triggered by minutes from the Federal Reserve’s January meeting, released earlier in the week, that suggested stimulus measures may end earlier than thought.

Still, the index was up more than 5 percent for the year and has held above the 1,500-point level.

“When you get a move like that, you are bound to see a pause, and the Fed minutes is a good enough reason to at least reassess,” said Michael Marrale, head of research, sales and trading at ITG in New York.

But, he added, “ultimately, we are going to see rates go higher and, ultimately, that will take money out of bonds and into equities.”

Hewlett-Packard, the maker of personal computers and printers, climbed 5.1 percent after the company’s quarterly revenue and forecasts beat analysts’ expectations as it continued to cut costs.

Abercrombie & Fitch, the clothing retailer, dipped 1 percent after it reported a drop in fourth-quarter comparable sales, even as the latest quarterly earnings topped estimates.

The insurer American International Group posted fourth-quarter results that beat analysts’ expectations. Shares advanced 4.4 percent.

Marvell Technology Group, a chip maker, rose 5.8 percent after the company gained market share in the hard-disk drive and flash-storage businesses.

The European Commission forecast on Friday that growth in the 27-nation European Union would rise only 0.3 percent this year, while growth in the 17 members that use the euro would fall 0.1 percent for a second year of recession. Stock markets in Europe were mostly ahead in afternoon trading after a sharp pullback on Thursday.

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Bulgari shows off Liz Taylor's gems

It isn't easy sometimes to be an ordinary person in Los Angeles, so near to and yet so far from the city's glamorous events.

You hear about the grand Oscar parties, but you will never be invited. The award ceremony may be taking place minutes from where you live, but you watch it at home, on TV, in your sweat pants — and you might as well be in Dubuque.

Rodeo Drive too can make you feel like a scrap on the cutting room floor. As you stroll the wide and immaculate sidewalks of Beverly Hills' iconic shopping street, you pass by boutiques you'd feel self-conscious walking into. In the windows are baubles and trinkets you could never in three lifetimes afford.

Which is why it is rather nice to be invited to make a private appointment at the house of Bulgari, the fine Italian jeweler that opened its doors in 1884.

Elizabeth Taylor loved Bulgari jewels. Richard Burton, whose torrid affair with her began during the filming of "Cleopatra" in Rome, accompanied her often to the flagship shop on the Via Condotti. He liked to joke that the name Bulgari was all the Italian she knew.

So it is fitting that starting Oscar week, the jeweler is celebrating the Oscar-winning star with an exhibit of eight of her most treasured Bulgari pieces.

They are heavy on diamonds and emeralds — of rare size, gleam and value.

And Bulgari knows their value well.

After Taylor's death, it reacquired some of the gems at a Christie's auction. One piece, an emerald-and-diamond brooch that also can be worn as a pendant, sold for $6,578,500 — breaking records both for sales price of an emerald and for emerald price per carat ($280,000).

That brooch, whose centerpiece is an octagonal step-cut emerald weighing 23.44 carats, was Burton's engagement present to Taylor. He followed it upon their marriage (his second, her fifth) with a matching necklace whose 16 Colombian emeralds weigh in at 60.5 carats. Bulgari bought the necklace back too, for $6,130,500.

They are in the exhibit, along with Burton's engagement ring to Taylor and a delicate brooch — given to her by husband No. 4, Eddie Fisher — whose emerald and diamond flowers were set en tremblant so that they gently fluttered as Taylor moved.

The jewels are not for sale.

On Tuesday night, actress Julianne Moore wore the Burton necklace, with pendant attached, at a gala for Bulgari's top clients. At the dinner hour, guests were escorted along a lavender-colored carpet to a nearby rooftop that had been transformed into a Roman terrace.

Those honored guests, of course, got private viewings of Taylor's jewels.

But so did Amanda Perry, a healer from West Hollywood who arrived the next morning for one of the first appointments available to the public.

Someone had emailed news of the collection to the 35-year-old Taylor fan. She walked in off the street Tuesday, when the exhibit was open only to press — and Sabina Pelli, Bulgari's glamorous executive vice president, fresh from Rome, was taking sips of San Pellegrino brought to her on a silver tray between back-to-back interviews that started at 5 a.m.

The camera crews were long gone when Perry came back Wednesday. She had the exhibit, and handsome sales associate Timothy Morzenti of Milan, entirely to herself.

In a black suit, still wearing on his left hand the black glove he dons to handle fine jewels, Morzenti whisked Perry off via a private elevator to the exhibit on the second floor. The jewels stood in vitrines mounted high off the ground. Behind them were photos and a slide show of Taylor, bejeweled.

"Which piece would you like to see first?" Morzenti asked her as a security guard stood by. "I personally love the emerald ring."

Then he proceeded at leisure to explain Bulgari-signature sugar-loaf cuts and trombino ring settings, while tossing in occasional Taylor stories.

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Pinterest Gets a Billion-Dollar Bump, Pins More Cash to Its Boards

Everyone’s favorite online discovery site Pinterest has raised yet another round of funding, $200 million from San Francisco firm Valiant Capital Partners, the company confirmed Wednesday. Existing investors, including Andreessen Horowitz, Bessemer Venture Partners and FirstMark Capital also participated. The massive round – twice as much as Pinterest’s last VC infusion of $100 million – values the company at $2.5 billion, according to Pinterest. All for a company that has either yet to figure how to make any money from its 50 million monthly visitors, or just as likely is keeping its mouth shut about its plans.
In the last year Pinterest has exploded. What started out as an invite-only social bookmarking network, where anyone could save a photo and link they found online, has become one of the top 50 websites, according to comScore. In May 2012, the site attracted $100 million at a $1 billion (or $1.5 billion, depending on who you talked to) valuation from Japanese firm Rakuten, leading venture capitalists and the media to hint at the possibility of another bubble set to burst.

It’s spent some of that money on buying recipe aggregator PunchFork in January 2012, and on a new office near San Francisco’s design district. Another chunk of that cash went toward growing the 20-person team to more than 100 employees.

With this new cash, Pinterest is going abroad and buying more companies, says early Pinterest investor Rick Heitzmann of FirstMark Capital. “Pinterest will continue to build out and improve its products; you’ll see more international expansion and there will be additional acquisitions to fit Ben’s (Silbermann) greater vision for the company,” he says. The site is already popular in Europe and Asia, but Pinterest has plans to add more languages and create a more custom experience in other countries.

While $200 million seems over the top for a company that’s not pulling in any revenue, it’s just right, according to Heitzmann. “You always want more than enough capital to execute the vision,” he says. “Pinterest’s vision is to become one of the largest companies in the world for both online and offline discovery, and we want to make sure the company has enough to do that.”

Apparently a lack of revenue isn’t a problem yet. Heitzmann isn’t worried, saying when the time comes Pinterest will find a way to make use of all the content we’re pinning to our board to turn a profit. There’s already been hints of how that might happen. Pinterest started pulling in pricing information when someone pinned a product from an online shop. Pinterest is also immensely valuable to e-commerce retailers because of how much traffic a pin of a dress or coffee mug can send to their sites, and there’s been talk that businesses would be willing to pay for those referrals.

Still, potential avenues for revenue do not equal actual revenue. And while investors championed enterprise startups in the market last year for their clear-cut business models, it seems VCs are still taking their chances on a consumer company with lots of pretty pictures, lots of users and no profits. Either Pinterest’s viral growth is just that impressive, or there’s something else going on behind the scenes that have investors signing those fat checks. We’re betting on the latter.

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Personal Best: When to Retire a Running Shoe

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Ryan Hall, one of the world’s best distance runners, used to pride himself on wearing his running shoes into nubs. No more. Now he assiduously replaces his shoes after running about 200 miles in them. He goes through two pairs a month.

“I know that my shoes could probably handle a couple of hundred more miles before they are worn out, but my health is so important to me that I like to always make sure my equipment is fresh,” he said.

Of course Mr. Hall, sponsored by Asics, does not have to pay for his shoes. Most of the rest of us do, and at around $100 a pair they aren’t cheap. Yet we are warned constantly to replace them often, because running in threadbare shoes may lead to injuries that can take months to heal.

So here’s a simple question: How do you know when your shoes are ready for those discard bins in gyms? And if you do get injured, is it fair to blame your shoes?

My friend Jen Davis runs more than 100 miles a week, like Mr. Hall, but has a different set of criteria for getting rid of shoes. One is that if they smell bad even after she washes them in her washing machine, it’s time for a new pair. She estimates she puts 500 miles on each pair of shoes.

Henry Klugh, a running coach and manager of The Inside Track, a running store in Harrisburg, Pa., says he goes as far as 2,000 miles in some shoes. He often runs on dirt roads, he said, which are easier on shoes than asphalt is and do not compress and beat up the midsole as much.

My coach, Tom Fleming, has his own method. Put one hand in your shoe, and press on the sole with your other hand. If you can feel your fingers pressing through, those shoes are worn out — the cushioning totally compressed or the outer sole worn thin.

As for me, my practice has been to keep track of the miles I run with each pair and replace them after 300 miles. Who is right? Maybe none of us. According to Rodger Kram, a biomechanics researcher at the University of Colorado, the theory is that you must change shoes before the ethylene vinyl acetate, or E.V.A., that lines most running shoe insoles breaks down.

“Think of a piece of Wonder Bread, kind of fluffy out of the bag,” he said. “But smoosh it down with the heel of your palm, and it is flat with no rebound.”

A moderate amount of cushioning improves running efficiency, he has found. But as to whether cushioning prevents injuries, he said, “I doubt that there are good data.”

Dr. Jacob Schelde of Odense University Hospital in Denmark, has looked for clinical trials that address the cushioning and injury question — and has found none. He’s applying for funds to do one himself, a 15-month study with 600 runners.

Dr. Schelde did find a study on injury rates among runners, published in 2003, that had some relevant data even though it was not a randomized clinical trial and shoe age was not its main focus. The study was large and regularly tested runners in a 13-week training program. The researchers failed to find any clear relationship between how long running shoes were worn and a runner’s risk of injury.

It also is difficult to find good data on how long E.V.A. insoles last. But one exhaustive study, led by Ewald Max Hennig of the biomechanics laboratory at University of Duisburg-Essen in Germany, involved 18 years of shoe testing from 1991 to 2009. The researchers measured the performance of 156 shoe models worn by runners. Dr. Hennig and his colleagues wrote that the sort of mechanical testing that shoe manufacturers do to evaluate cushioning materials does not reflect what happens when people actually run.

Over the years, running shoe quality steadily improved, the researchers reported. The shoes also changed as running fads waxed and waned. Shock attenuation, for example, diminished starting around 2000, when there was talk of shoes providing too much cushioning.

Then, when cushioning became fashionable again, it returned. But so did minimalist shoes designed for the barefoot running fad, which have almost no cushioning.

In Europe, the researchers reported, people typically wear shoes for about 600 miles. But their studies indicated that shoes could last much longer.

Most shoemakers, of course, would prefer to see us trade in sooner. Kira Harrison, a spokeswoman for Brooks, said shoes should last for 400 to 500 miles. The very light models last about 300 miles, she said.

Biomechanical studies have shown that after those distances the shoes lose their bounce, she said: “Everyone in the industry knows that standard.”

Gavin Thomas, a Nike spokesman, said a shoe’s life span depended on the type of shoe — lightweight or more heavily cushioned — and on the runner’s weight and running style. Those who are light on their feet can wear shoes longer than those who pound the ground. Those who run on soft surfaces can keep their shoes longer.

After 300 or 400 miles, Mr. Thomas said, a typical shoe worn by a typical runner will not feel the way it used to, a sign it is worn out.

But Golden Harper, developer of Altra running shoes and founder of the company, said any advice on mileage was “a lot of malarkey.” Mr. Harper, a distance runner, said most runners could feel when their shoes need to be replaced. “You get a sense for it,” he said. “Nothing hurts, but it is going to soon.”

So when should you retire those faithful running shoes, and what happens if you don’t? Despite the doomsday warnings, no one really knows. And with so many variables — type of shoe, runner’s weight, running surfaces, running style — there may never be a simple answer.

But we can take comfort in Dr. Hennig’s work. Even people like Henry Klugh, who put in many more miles than most guidelines suggest may still be fine. Their shoes may still be performing.

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At least 16 hurt in blast and fire at Kansas City restaurant

At least 16 people were hurt and a popular wine bar was destroyed by an apparent natural gas explosion and ensuing fire at an upscale shopping district in Kansas City, Mo., Tuesday evening.

Residents reported smelling natural gas and seeing utility crews in the area before the conflagration. A strong scent of gas hung in the air afterward.

“Early indications are that a contractor doing underground work struck a natural gas line, but the investigation continues,” Missouri Gas Energy, a natural-gas provider, said in a statement.

The Kansas City Fire Department said the incident was under investigation. “It does seem to be an accident,” Fire Chief Paul Berardi said during a late-night news briefing.

JJ's Restaurant and wine bar, just off Country Club Plaza, had apparently been partially evacuated before the blast occurred about 6 p.m.

"This was happy hour at the restaurant. There were patrons in the restaurant," Berardi said.

No fatalities were reported, but officials brought in cadaver dogs to check the rubble. The Kansas City Star reported that one JJ's employee was missing.

The fire raged for two hours, with thick smoke visible for miles. Victims streamed to hospitals; at least four people were in critical condition.

Initially, police said a car had hit a gas main, but officials later discounted that explanation.

Witnesses described a chaotic scene. 

"I was sitting in my living room folding laundry, and felt in my chest -- and heard -- an explosion," said Jamie Lawless, who lives about two blocks from JJ's. "I started freaking out, and I was looking around, and then I saw other people walking outside. You could see giant black smoke billowing up from the plaza area, and nobody really knew what it was."

Sally McVey, who lives across the street from JJ's, said the fire "was growing exponentially, incredibly quickly. It was not like a fire I’ve seen before, where it takes a long time to spread.”

A crowd gathered to watch firefighters battle the blaze. At an apartment building on JJ's block, a woman on a top-floor balcony called down to onlookers.  "'Is my building on fire?' and everybody says, 'Yes, come down!' " McVey said. "She’s like, 'Oh my gosh,' and a lot of people come out of that building with their computers and dogs. She did too.”

JJ's owner, Jimmy Frantze, was out of town, said Kansas City Mayor Sly James, who used to be a fixture at the restaurant. The business, which boasted a selection of 1,800 bottles, had been on the site for 28 years.

“It was 28 years of a great restaurant, and then it has to end like this,” Frantze told the Kansas City Star while driving back from Oklahoma. “I want to make sure to check on my employees to make sure they are all right.”

Kansas City Police Department's bomb squad and officials with the Bureau of Alcohol, Tobacco, Firearms and Explosives were expected to investigate the accident after the search dogs finished looking for victims, Berardi said.

 matt.pearce@latimes.com

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Turkish Soccer Fans Roar Loudly Enough to Damage Your Ears

ISTANBUL, Turkey — The Turks, who love football as much as anyone, have the loudest fans on earth.

The 51,998 people packed into Turk Telekon Arena, home to the Galatasaray football club, let out a 131.76-decibel roar during a match against Fenerbahçe two years ago, enough to secure a spot in the Guinness book of records. That’s louder than The Who during their 126-decibel gig in London in 1976, and louder even than standing behind a fighter jet at takeoff.

They haven’t gotten any quieter.

Check out a Galatasaray game and you’ll have no doubt how much the Turks love the sport Americans call soccer. Oh sure, their three biggest clubs, Galatasaray, Fenerbahçe and Beskitas, may not be the most successful, but they boast millions of followers.

Millions of very, very loud followers. The fans, profiled in Ford’s Fantastic World of Football documentary series, are passionate about the beautiful game, and want everyone to know it.

They pack the stands, screaming as if the the match will be won or lost on noise alone. I brought along a decibel meter for a recent match and the din hit 97 decibels — about as loud as a jackhammer, and enough to cause some serious hearing loss at sustained levels. It was modest compared to that derby game against Fenerbahçe, but enough to make your hair stand on end.

So even if the team can’t guarantee the right result, one thing Galatasaray’s fans can guarantee is an incredible — and incredibly loud mdash; atmosphere.

Video: IncWord.com

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Oscars in Hollywood cliffhanger over Best Picture, Director

LOS ANGELES (Reuters) – Sunday’s Oscar ceremony is set for a cliffhanger ending after a topsy-turvy awards season that has left the two top prizes – Best Picture and Best Director – too close to call.

With just days to go before the movie industry’s highest honors are handed out on February 24, awards watchers are keyed up for one of the most exciting nights in recent Academy Awards history.

Despite entering the Oscar race with a leading 12 nominations in January, the front-runner Best Picture status of Steven Spielberg‘s presidential drama “Lincoln” has been undermined by a slew of awards picked up Ben Affleck‘s Iran hostage thriller “Argo.”

But an “Argo” win despite Affleck’s omission from the Best Director shortlist would defy the conventional wisdom that says the Oscar for Best Film usually brings a trophy for its director.

“Argo” would be the first movie to take home the statuette for Best Picture without its director winning even a nomination since “Driving Miss Daisy” in 1990.

“Everything is kind of haywire, so those of us in the (awards prediction) business are all left scratching our heads and saying what does it mean?” said Matt Atchity, editor in chief of movie review website Rotten Tomatoes.

After beating “Lincoln” at the Golden Globes, Screen Actors Guild, directors, producers and writers guilds, “Argo” now has the edge in the Best Picture race.

“Even if ‘Argo’ wins for Best Picture, which is kind of a foregone conclusion at this point, it still feels exciting because ‘Argo’ has managed to keep this underdog status even though it has been winning every award,” Dave Karger, chief correspondent for Fandango.com told Reuters.

“If ‘Lincoln’ wins, ironically it will be considered an upset even though it has the most nominations. That’s what’s strange about this year – all the rules seems to be turned on their heads,” Karger added.

A Reuters/Ipsos poll released on Wednesday underlined the stiff competition. Some 17 percent of the 1,443 people questioned in the United States between February 15 and 19 thought that “Lincoln” was most likely to win Best Picture, but the same percentage gave their backing to musical “Les Miserables.”

“Argo” was thought most likely to take home the Oscar by 8 percent of those questioned, while “Django Unchained” and “Life of Pi” tied with 4 percent. Some 41 percent of those asked in the Reuters/Ipsos poll were unsure which movie would win on Sunday.

JOCKEYING FOR POSITION FOR MONTHS

Unlike last year when silent film “The Artist” had the race sewn up weeks ahead of the Academy Awards ceremony, four films have moved in and out of the front position six times since September, according to movie pundits at Goldderby.com.

They include quirky comedy “Silver Linings Playbook” which won the top prize at the Toronto film festival, and “Les Miserables” the screen version of hit French Revolutionary stage show which has a strong fan following but which got mixed reviews.

“The fact the front-runner has changed so many times has made it exasperating, but almost more fun,” said Karger.

“Argo” is thought to have come through less because of a sympathy vote for the snub to Affleck and more because of its deft blend of thriller with a satire on Hollywood movie making. The movie is based on the true story of the CIA rescue from Islamic revolutionary Tehran of six U.S. diplomats who pretended to be producing a fake film.

“I think people genuinely love that movie and it’s very inclusive to the Hollywood professionals who are voting on these awards. It allows people in Hollywood to say, we helped get those hostages out, and there is an appeal there,” Atchity said.

“The critical reaction to ‘Lincoln’ tended to be that it was a very educational and really impressive film but it didn’t grab you emotionally the way some of the other nominees did.”

Directors Tom Hooper (“Les Miserables”), Kathryn Bigelow (“Zero Dark Thirty”) and Quentin Tarantino (“Django Unchained”) were also left off the Oscars short-list although their movies earned nominations.

That leaves Spielberg as presumed favorite for a third Best Director Oscar after victories with 1990s films “Schindler’s List” and “Saving Private Ryan.”

But don’t count out David O. Russell for “Silver Linings Playbook,” and Ang Lee, the self-effacing Taiwanese director who brought Yann Martel’s mythological shipwreck survival novel “Life of Pi” to the big screen.

“No one thought that book was filmable, and yet Ang Lee was able to pull it off. When you think this was the same man that made ‘Brokeback Mountain,’ ‘Crouching Tiger, Hidden Dragon’ and ‘Sense and Sensibility,’ he is so versatile it’s astonishing,” said Karger.

“Lincoln” is distributed by Walt Disney Co. and 20th Century Fox, a unit of News Corp; “Argo” is distributed by Warner Bros., a unit of Time Warner; “Les Miserables” is distributed by Universal Pictures, a unit of Comcast Corp; “Life of Pi” is distributed by 20th Century Fox; “Zero Dark Thirty” is released by Sony Corp’s movie studio arm; “Silver Linings Playbook” and “Django Unchained” are distributed by privately held Weinstein Co.

(Editing by Mohammad Zargham)

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The New Old Age Blog: The Reluctant Caregiver

Now and then, I refer to the people that caregivers tend to as “loved ones.” And whenever I do, a woman in Southern California tells me, I set her teeth on edge.

She visits her mother-in-law, runs errands, helps with the paperwork — all tasks she has shouldered with a grim sense of duty.  She doesn’t have much affection for this increasingly frail 90something or enjoy her company; her efforts bring no emotional reward. Her husband, an only child, feels nearly as detached. His mother wasn’t abusive, a completely different scenario, but they were never very close.

Ms. A., as I’ll call her because her mother-in-law reads The Times on her computer, feels miserable about this. “She says she appreciates us, she’s counting on us. She thanks us,” Ms. A. said of her non-loved one. “It makes me feel worse, because I feel guilty.”

She has performed many services for her mother-in-law, who lives in a retirement community, “but I really didn’t want to. I know how grudging it was.”

Call her the Reluctant Caregiver. She and her husband didn’t invite his parents to follow them to the small city where they settled to take jobs. The elders did anyway, and as long as they stayed healthy and active, both couples maintained their own lives. Now that her mother-in-law is widowed and needy, Ms. A feels trapped.

Ashamed, too. She knows lots of adult children work much harder at caregiving yet see it as a privilege. For her, it is mere drudgery. “I don’t feel there’s anybody I can say that to,” she told me — except a friend in Phoenix and, anonymously, to us.

The friend, therapist Randy Weiss, has served as both a reluctant caregiver to her mother, who died very recently at 86, and a willing caregiver to her childless aunt, living in an assisted living dementia unit at 82. Spending time with each of them made Ms. Weiss conscious of the distinction.

Her visits involved many of the same activities, “but it feels very different,” she said. “I feel the appreciation from my aunt, even if she’s much less able to verbalize it.” A cherished confidante since adolescence, her aunt breaks into smiles when Ms. Weiss arrives and exclaims over every small gift, even a doughnut. She worked in the music industry for decades and, despite her memory loss, happily sings along with the jazz CDs Ms. Weiss brings.

Because she had no such connection with her mother, whom Ms. Weiss described as distant and critical, “it’s harder to do what I have to do,” she said. (We spoke before her mother’s death.) “One is an obligation I fulfill out of duty. One is done with love.”

Unlike her friend Ms. A, “I don’t feel guilty that I don’t feel warmly towards my mother,” Ms. Weiss said. “I’ve made my peace.”

Let’s acknowledge that at times almost every caregiver knows exhaustion, anger and resentment.  But to me, reluctant caregivers probably deserve more credit than most. They are not getting any of the good stuff back, no warmth or laughter, little tenderness, sometimes not even gratitude.

Yet they are doing this tough work anyway, usually because no one else can or will. Maybe an early death or a divorce means that the person who would ordinarily have provided care can’t. Or maybe the reluctant caregiver is simply the one who can’t walk away.

“It’s important to acknowledge that every relationship doesn’t come from ‘The Cosby Show,’” said Barbara Moscowitz when I called to ask her about reluctance. Ms. Moscowitz, a senior geriatric social worker at Massachusetts General Hospital, has heard many such tales from caregivers in her clinical practice and support groups.

“We need to allow people to be reluctant,” she said. “It means they’re dutiful; they’re responsible. Those are admirable qualities.”

Yet, she recognizes, “they feel oppressed by the platitudes. ‘Your mother is so lucky to have you!’” Such praise just makes people like Ms. A. squirm.

Ms. Moscowitz also worries about reluctant caregivers, and urges them to find support groups where they can say the supposedly unsay-able, and to sign up early for community services — hotlines, senior centers, day programs, meals on wheels — that can help lighten the load.

“Caregiving only goes one way – it gets harder, more complex,” she said. “Support groups and community resources are like having a first aid kit. It’s going to feel like even more of a burden, and you need to be armed.”

I wonder, too, if reluctant caregivers have a romanticized view of what the task is like for everyone else. Elder care can be a wonderful experience, satisfying and meaningful, but guilt and resentment are also standard parts of the job description, at least occasionally.

For a reluctant caregiver, “the satisfaction is, you haven’t turned your back,” Ms. Moscowitz said. “You can take pride in that.”

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Paula Span is the author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions.”

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DealBook: Office Depot and OfficeMax Announce Plans to Merge, After Erroneous Release

9:40 a.m. | Updated

Office Depot and OfficeMax announced their plans to merge on Wednesday, just hours after an erroneous release about the deal briefly surfaced.

Under the terms of the deal, Office Depot said it would issue 2.69 new shares of common stock for each share of OfficeMax. At that level, the transaction would value OfficeMax at $13.50, or roughly $1.19 billion, a premium of more than 25 percent to the company’s closing price last week.

The deal has been anticipated, as the companies face an increasingly difficult competitive environment. Both companies, which are burdened with big real estate footprints, have struggled against lower-priced rivals like Amazon.com and Costco. By uniting, the two companies should be able to cut costs and better negotiate prices.

“In the past decade, with the growth of the internet, our industry has changed dramatically,” Neil Austrian, chairman and chief executive officer of Office Depot, said in a statement. “Combining our two companies will enhance our ability to serve customers around the world, offer new opportunities for our employees, make us a more attractive partner to our vendors, and increase stockholder value.”

While the deal has been years in the making, it was initially announced prematurely. A news release announcing the merger of the two office supply retailers was posted early Wednesday morning on Office Depot’s Web site, but it quickly disappeared.

Several news organizations reported the terms disclosed in the errant news release for Office Depot’s earnings. The details were buried on page four of the release under the header “Other Matters.”

As the details filtered through the market, shares of the companies jumped. In premarket trading, Office Depot’s stock rose more than 7 percent, while OfficeMax shares were up more than 8 percent.

The episode is reminiscent of other times that companies’ earnings releases were published prematurely. Last fall, Google’s third-quarter earnings were published three hours early, which the technology giant blamed on a mistake by R.R. Donnelley & Sons, the company’s printer.

Representatives for Office Depot and OfficeMax were not immediately available for comment on the erroneous release.

Strategically, the deal makes sense, as the companies deal with a changing competitive environment.

Combined, the companies reported about $4.4 billion in revenue for their third quarter of 2012; in comparison, Staples disclosed $6.4 billion in revenue for the same period.

Office Depot has also been under pressure from an activist hedge fund, Starboard Value, which sent a letter to the retailer’s board last fall. In it, Starboard called for more cost cuts and a greater focus on higher-margin businesses like copy and print services. With a 14.8 percent stake, Starboard is the company’s biggest investor.

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Oscar Pistorius denies charge of premeditated murder

PRETORIA, South Africa -- As his girlfriend, Reeva Steenkamp, cowered behind a locked door in a tiny bathroom, Oscar Pistorius strapped on his prosthetic legs, grabbed his pistol, strode seven yards to the door and fired through it four times, killing her, prosecutors alleged Tuesday as they laid out their case against the double-amputee Olympic runner in Pretoria Magistrate’s Court.

According to prosecutor Gerrie Nel, Pistorius’ actions amounted to premeditated murder.

But in an affidavit read in court, Pistorius said he was deeply in love with Steenkamp and denied any intent to kill her. “I know she felt the same way," he said in the document.

As the affidavit was read, Pistorius wept so bitterly that Chief Magistrate Desmond Nair had to halt the proceedings to allow the athlete time to compose himself.

But in a major blow for Pistorius, Nair agreed with the prosecution, ruling that for the purposes of Tuesday's bail hearing the charge against Pistorius was premeditated murder, a decision that will make it difficult for him to be granted bail.

Under South African law, those charged with a category six offense, the most serious category, must show exceptional circumstances as to why they should be released on bail.

Pistorius may now face months in jail before his trial. If convicted of premeditated murder, the 26-year-old Pistorius, who inspired the world by overcoming adversity to compete in the Olympic Games in London last year, faces life in jail.

The hearing took place at the same time as Steenkamp's family was holding a private funeral for the model.

Though Tuesday’s proceedings were a bail hearing, some of the main contentions of the prosecution and defense cases were aired.

Pistorius wept through much of the hearing, while his brother, Carl Pistorius, put his hand on the athlete’s back in a gesture of comfort. Asked by Nair if he understood the arguments being made, Pistorius replied in a soft, clear voice, "Yes."

Pistorius' defense attorney, Barry Roux, denied there had been any murder, and the runner’s family has made it clear that he will plead not guilty when his trial begins.

Roux argued that the killing was not premeditated. "It’s not even murder. There's no agreement there, not even concession that this is murder," he said, adding that there were many cases of men shooting their wives through doors, mistaking them for robbers.

In the affidavit, Pistorius said, "I deny the allegation in the strongest terms. Nothing can be further from the truth. I fail to understand how I could be charged with murder, let alone premeditated ... as I had no intention to kill my girlfriend."

According to his version of events, the couple had a quiet dinner on Valentine's Day, and he watched TV with his prosthetic legs off while she did yoga. Then, they turned in.

During the night, he said, he went outside to the balcony to get a fan -- without his prosthetic legs -- and heard noises in the bathroom. It was pitch black, and assuming a robber had gained entry, he felt horror and fear sweep through him, he said.

Feeling vulnerable without his prosthetic legs, he said, he grabbed his gun from under his bed, screamed out at the intruder and opened fire through the toilet door, yelling at Steenkamp to phone the police.

It was only after he returned to the bedroom and saw that she was not in bed that he realized it must be her in the toilet, he said.

According to Pistorius, he broke down the bathroom door with a cricket bat and carried her downstairs.

“She died in my arms,” he said.

Nel said there was no evidence available that supported the athlete’s contention that he thought Steenkamp was a burglar and shot and killed her by mistake.

"There is no possible information to support his version that it was a burglar," the prosecutor said.

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Same-Day Delivery Darling Shutl Takes on Amazon's Ground Game

Imagine ordering something online, but instead of the store telling you when your package will arrive, you tell them. A few million U.S. residents will soon have that option as same-day delivery darling Shutl prepares for its stateside launch within about a month.

The U.K.-based company has already received a lot of love from startup watchers and investors, including UPS, which has put $2 million behind Shutl. Already widely available in its home country, the hotly contested race among the biggest online retailers to make same-day delivery workable has created a lot of anticipation around whether Shutl can deliver on its ambitious promises in the U.S.

Shutl partners with specific retailers, who offer two Shutl delivery options during online checkout. If you choose the first option, “now,” Shutl promises to get you your order within 90 minutes. The second option, “when,” lets buyers pick any one-hour delivery window they want—any day, any time, Shutl founder and CEO Tom Allason says.

The only catch: You have to live within 10 miles of the store you’re ordering from.

At a time when Amazon offers millions of products at next-day delivery speed, such a limitation might seem like a tough sell.

But Allason says seamless same-day, name-your-own-time delivery gives brick-and-mortar stores an advantage against Amazon they didn’t have before—and an advantage Amazon can’t match.

Because its inventory lives at massive distribution centers at a distance from big cities, Amazon can’t avail itself of the efficiencies afforded by urban density, Allason says. In other words, Amazon’s trucks have to drive farther, and they all have to start at the same place.

Shutl’s software platform, on the other hand, finds the nearest brick-and-mortar store to the buyer and the nearest courier to the store.

“Their idea of local distribution is at state level,” Allason says of Amazon. “Our idea of local distribution is at street level.”

To be clear, Shutl is not a trucking company. It doesn’t have its own fleet. It’s a software company (Allason says two-thirds of his employees are engineers) that plugs store ordering and inventory systems into one end of its platform and the extra capacity of existing courier companies into the other end. Retailers pay Shutl a fee for each delivery they coordinate. The cost of a Shutl delivery for the buyer is typically under $10.

Other same-day startups such as Postmates do something similar, though Postmates functions as a stand-alone app that offers to pick up and ferry any item from any store. Its closest cousin here is likely eBay Now, which also offers one-hour delivery from local branches of national chain stores, though eBay employs its own dedicated couriers.

Allason says Shutl cannot yet reveal which retailers his company is working with in the U.S. In the U.K., stores offering Shutl as an option include Argos, one of that country’s largest online retailers after Amazon. And in that country at least, Shutl appears to be taking off: Allason says Shutl now reaches about 75 percent of the British populace and handles about 30,000 orders every day.

In one way, reaching an audience of that scale in the U.S. shouldn’t be hard. The first 12 metro areas Shutl is targeting here have twice the population of all 60 cities Shutl serves in the U.K. combined. The first three Shutl plans to serve in its debut—New York, San Francisco and Chicago—are all large enough and dense enough to provide a serious testing ground for same-day.

But beating Amazon in this country’s wide-open spaces won’t likely happen, Allason acknowledges. The economics of same-day delivery break down when stores and customers are too spread out. For rural residents, getting something the same day will still mean what it has for decades now: Getting into the vehicle and going to Walmart.

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Daniel Day-Lewis as Abe Lincoln makes unstoppable Oscar force

LOS ANGELES (Reuters) – If there is one sure bet in this roller coaster movie awards season, it is that Daniel Day-Lewis will take home the Best Actor statuette at the Oscars on Sunday.

Day-Lewis, known for his meticulous preparation, would become the first man to win three Best Actor Oscars, and awards pundits say it’s not hard to see why.

The tall, intellectual actor has swept every prize in the long Hollywood awards calendar for his thoughtful, intense portrayal of U.S. President Abraham Lincoln in Steven Spielberg‘s movie “Lincoln.”

“No-one has emerged to take him on. I don’t think he has lost a single (pre-Oscar) race. We have 25 experts and every single one is betting on Daniel Day-Lewis,” said Tom O’Neil of awards website Goldderby.com.

More surprising perhaps is that Day-Lewis will also be the first person to win an Oscar for playing a U.S. president. And it has taken a Briton with dual Irish citizenship, portraying one of America’s most revered leaders, to do it.

Although “Lincoln” started the Oscar race with a leading 12 nominations, its Best Picture front-runner status has dimmed in recent weeks with the ascendance of Iran hostage drama “Argo.”

But Day-Lewis’s star has only risen with Golden Globe, Screen Actors Guild and British BAFTA trophies, along with a slew of honors from film critics.

LINCOLN FOR A NEW GENERATION

Day-Lewis, 55, plays Lincoln in the last few months of a life cut short by his 1865 assassination in a film that focuses on the president’s personal commitment to abolish slavery and end the bloody four-year U.S. Civil War.

He’s not the first actor to play Lincoln on screen. Yet his quiet assurance, his adoption of a high-pitch voice rather than the booming tones associated with Lincoln, and the movie’s focus on complex political debates have shone new light on a man that many Americans thought they already knew well.

“It’s a performance that is subtle. It’s not the Lincoln you expect. It’s a different interpretation of Lincoln than we have seen and we feel, wow! This could be the way Lincoln was,” said Pete Hammond, awards columnist at Deadline.com.

“We are seeing a real human being played out here for the first time and that is extraordinary. Day-Lewis is bringing the character to life in a way we haven’t seen in years,” Hammond told Reuters.

It took Spielberg three attempts to convince Day-Lewis to play the role. Explaining his decision last month to take the part, Day-Lewis noted that “it was an actor that murdered Abraham Lincoln. Therefore, somehow it’s only fitting that every now and then, an actor tries to bring him back to life again.”

The London-born actor threw himself into the role with the same devotion that marked his Best Actor Oscar-winning performance as quadriplegic Irish writer Christy Brown in “My Left Foot” in 1989, when he spent weeks living in a wheelchair.

In “Gangs of New York,” he sharpened knives on sets between takes to capture the menace of Bill “The Butcher” Cutting, earning another Oscar nomination, and in 2008 he won his second Best Actor Award at the Oscars for his turn as a greedy oil baron in “There Will Be Blood.”

TEXTING LIKE LINCOLN

Sally Field, who plays his screen wife Mary Todd Lincoln, said Day-Lewis sent her text messages that were completely in character and in 19th century vernacular over a seven-month period prior to shooting “Lincoln.”

Joseph Gordon-Levitt who plays Lincoln’s son Robert, said he didn’t get to know Day-Lewis until after production wrapped.

“I never met Daniel in person,” Gordon-Levitt told reporters. “I only ever met the president, only ever heard the president’s voice. I called him sir, and he called me Robert.”

With four Academy Award nominations and two wins before “Lincoln,” Day-Lewis appears to have barely set a foot wrong in his 30-year career. Yet there have been missteps, including the box-office flop of star-laden musical “Nine” in 2009.

“He was sorely miscast as Guido, the adorable gigolo, and he was not convincing at all. He brought the whole film down,” recalled O’Neil. “‘Lincoln’ is a spectacular career rally for him after that disaster.”

While others are betting on Day-Lewis to take home a third Academy Award on Sunday, the actor has been modest about his chances.

“Members of the Academy love surprises, so about the worst thing that can happen to you is if you’ve built up an expectation. I think they’d probably be delighted if it was anybody else,” he told reporters after winning the Screen Actors Guild trophy in January.

Those “anybody elses” in the running are Bradley Cooper for “Silver Linings Playbook,” Denzel Washington’s alcoholic pilot in “Flight,” Joaquin Phoenix for “The Master” and Hugh Jackman in musical “Le Miserables.”

(Reporting By Jill Serjeant; Editing by Todd Eastham)

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National Briefing | South: Abortion Curbs Clear Senate in Arkansas

The State Senate voted 25 to 7 on Monday to ban most abortions 20 weeks into a pregnancy. The measure goes back to the House to consider an amendment that added exceptions for rape and incest. The legislation is based on the belief that fetuses can feel pain 20 weeks into a pregnancy, and is similar to bans in several other states. Opponents say it would require mothers to deliver babies with fatal conditions. Gov. Mike Beebe has said he has constitutional concerns about the proposal but has not said whether he will veto it.

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Wall St. Shares Inch Ahead

Shares on Wall Street inched higher in early trading on Tuesday, putting the Standard & Poor’s 500-stock index on track to extend its seven-week winning streak.

Shortly after the opening bell, the S.&P. 500 was up 0.3 percent, while the Dow Jones industrial average was up 0.1 percent. The Nasdaq composite rose 0.2 percent.

The strong start to the year has been helped by legislators in Washington, who temporarily averted a series of automatic spending cuts and tax increases, as well as by better-than-expected earnings and economic data. The Federal Reserve’s stimulus policy has also been a major factor.

But further gains for the benchmark S.&P. index have been a struggle as investors look for new catalysts to lift the index, which hovers near five-year highs.

The compromise by lawmakers on across-the-board spending cuts, known as sequestration, only postponed until March 1 a resolution to the Congressional budget fight.

The faster pace in merger-and-acquisition activity, a sign of optimism about the outlook on Wall Street, has resulted in more than $158 billion in deals announced so far in 2013.

“The firm market tone continues," said Andre Bakhos, director of market analytics at Lek Securities in New York, "fueled by a lack of negative surprises as well as an increase in M.&A. activity, adding confidence to market valuations.”

“The market has been able to shrug off minor negatives as it looks ahead to a potential bigger hurdle in the sequestration,” he said. “Until then, the situation looks stable.”

The No. 2 office supply retailer in the United States, Office Depot, surged 24 percent. The company is said to be in merger talks with a smaller rival, OfficeMax. OfficeMax shares jumped 30 percent.

The computer maker Dell reports fourth-quarter results on Tuesday, and it is expected to show earnings per share fall to 39 cents from 51 cents a year earlier. Analysts will have their first chance to question management on a buyout deal struck earlier this month by its chief executive, Michael Dell, private equity firm Silver Lake and Microsoft.

According to the Thomson Reuters data through Friday, of the 388 companies in the S.&P. 500 that have reported results, 69.8 percent have exceeded analysts’ expectations, compared with a 62 percent average since 1994 and 65 percent over the last four quarters.

Fourth-quarter earnings for S.&P. 500 companies are estimated to have risen 5.6 percent, according to the data, above a 1.9 percent forecast at the start of the earnings season.

European shares rose on Tuesday, lifted by gains at food group Danone and fresh signs of a German economic recovery, although broader market sentiment remained cautious ahead of Italian elections this weekend.

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Mary Jo White could face conflicts of interest as SEC chairwoman

NEW YORK — As a lawyer in private practice, Mary Jo White worked for Wall Street all-stars: banking giant JPMorgan Chase & Co., auditor Deloitte & Touche, former Bank of America Corp. chief Ken Lewis.

White, President Obama's pick to lead the U.S. Securities and Exchange Commission, even did legal work for former Goldman Sachs Group Inc. director Rajat Gupta, the highest-profile catch in the federal government's crackdown on insider trading, according to disclosures White filed ahead of her U.S. Senate confirmation hearing.

If she wins approval to lead the country's top financial watchdog, government ethics rules could force White to sit out of some SEC decisions. Potential conflicts of interest — or the appearances of conflicts — could arise from her work at the high-powered New York law firm Debevoise & Plimpton, and that of her husband John White, a partner at the prestigious firm Cravath, Swaine & Moore.

Obama's appointment of White, a former U.S. attorney in Manhattan known for high-profile prosecutions of mobsters and terrorists, was seen as a signal the administration was getting tougher on Wall Street. Her confirmation hearing in the Senate has not yet been scheduled but is expected in the next several weeks.

"She would have quite a minefield to navigate," said Robert Kelner, an attorney who is an expert in government ethics rules at the law firm Covington & Burling in Washington. "But this is not unusual for a senior-level appointee coming out of a law firm."

White could have to abstain from votes on matters involving former clients at a time when the SEC has been struggling to regain investor confidence among regulators and financial markets.

Government ethics rules generally prevent commissioners from participating in matters in which they or their spouses have any financial stake, or have any interest that could raise questions about their impartiality, Kelner said.

These rules generally restrict commissioners from taking part in cases they worked on while in the private sector — whether to bring a securities fraud lawsuit against a former client, for example, Kelner said.

White could still be involved in other matters dealing with former clients, just as long as she hasn't previously worked on the other side of particular cases before the SEC, Kelner said.

What could also complicate White's tenure at the SEC is an ethics pledge Obama has required executive-branch appointees to sign since he took office.

Aiming to limit the effects of the "revolving door" between government officials and the private sectors they regulate, the ethics pledge precludes appointees from participating in any matter involving "specific parties that is directly and substantially related" to their "former employer or former clients." Kelner said the pledge generally would not apply to broad regulations or policies.

The White House could grant White a waiver from the ethics pledge.

White did not respond to an email request for comment. Nominees typically do not speak publicly ahead of their confirmation hearings.

White would take over the SEC at a time when the agency faces major regulatory issues, aside from enforcement issues. The five-member commission, under former Chairwoman Mary Schapiro, failed to pass a sweeping overhaul of money-market funds, which federal officials say remain a weak link in the financial system.

Also before the SEC are rules governing high-speed stock trading and how the increasingly fragmented stock market is structured. The agency still must mete out myriad regulations called for by the Dodd-Frank financial overhaul of 2010.

John Coffee, a securities law expert at Columbia University in New York, said White has no apparent conflicts involving the marquee regulatory matters facing the SEC.

"There is just a forest of bayonets waiting out there if she looked like she was protecting a former client from an enforcement action," Coffee said. "I think she's also too smart to put herself in that kind of position."

andrew.tangel@latimes.com

Times staff writer Jim Puzzanghera in Washington contributed to this report.

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Pondering the Point of Snow Bikes While Riding With Wolves

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