Nick Cassavetes Sued For Allegedly Stiffing Twin Canadian Pop Duo on $300K Movie Loan






LOS ANGELES (TheWrap.com) – Nick Cassavetes, Canadian twins and incest – besides three phrases that you probably didn’t expect to read in the same sentence today, they’re also elements of a bizarre new lawsuit that hit the California court system this week.


In a lawsuit filed Tuesday in Los Angeles Superior Court, TwinSpin music – home to twin Canadian pop duo Carmen & Camille – claim that “The Notebook” director failed to pay back a $ 300,000 loan to help make the upcoming drama “Yellow.”






The complaint alleges that the writer-director backed out of an agreement to give the duo parts in the movie and to feature a song of theirs in the Sienna Miller-Ray Liotta film.


The film chronicles a woman who’s addicted to pain pills and is fired from her teaching job for engaging in sexual shenanigans on school grounds. Oh, and she also had a love affair with her brother at one point. According to the suit – which also includes TwinSpin manager John Thomas as a plaintiff – TwinSpin and Cassavetes entered into an agreement in September 2010, in which TwinSpin would loan Cassavetes $ 300,000 to start production on the film.


In return, the suit says, Cassavetes agreed to pay the loan back with interest – for a total of $ 345,000 – the next month. Cassavetes also agreed to cast the duo in speaking roles in the film, use a song of theirs on the soundtrack, and to give Thomas a producer’s credit, the complaint claims.


But the money never came, the suit says – and neither did the roles, the song and the credit, without which the loan never would have been given.


“But for these representations, Plaintiffs never would have entered into the Loan Agreement or otherwise granted the Loan,” the lawsuit reads. “Plaintiffs are informed and believe that Cassavetes never had any intention of casting ‘Carmen & Camille’ in the Picture, or featuring a song by ‘Carmen & Camille’ in the Picture, of providing the producer credit to plaintiff Thomas, or of repaying the loan on a timely basis.”


Cassavetes’ agent has not yet responded to misrepresentation request for comment.


Alleging breach of contract, breach of covenant of good faith and fair dealing, fraudulent misrepresentation and negligent misrepresentation, the suit is asking for damages of $ 500,000, the amount that the plaintiffs believe is currently owed to them by Cassavetes, with accruing interest.


(Pamela Chelin contributed to this report)


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Meanwhile, Deep Inside Your Belly Button …






Dec 23, 2012 7:00am



5846e  gty belly button jt 121222 wblog Meanwhile, Deep Inside Your Belly Button …

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Reported by Dr. Amish Patel:


Researchers have found that more than 2,000 different species of bacteria live in our umbilicus – the medical word for belly button.  That means you have more kinds of bacteria in your belly button than there are different kinds of ants or birds in North America, according to the study.


The majority of these bacteria were rare and occurred in just one individual.  No single type was common to all 60 belly buttons sampled.


“I don’t find it alarming,” said Dr. William Schaffner, an expert in infectious diseases at Vanderbilt University Medical Center in Nashville, Tenn.  “We knew belly buttons weren’t sterile.”


However, Schaffner believes that this does not minimize the study’s findings.


“This is in the context of a much larger study, which is trying to … get greater insight into the source of pathogens and how the [bacteria on our body] changes with antimicrobial therapy and age.”


Perhaps, he said, we can “use this to develop new antimicrobials.”


The benefits may extend beyond antibiotics.


“Understanding the biodiversity of our bodies and how it differs among people may play an important role in understanding why some … people are susceptible to the same pathogen or respond to the same drug or diet,” said Dr. Rob Knight, associate professor of molecular biophysics at the University of Colorado – Boulder.


Although the findings of the study do not have any immediate implications, this is good timing for a public service announcement from Dr. Gregory Poland, infectious disease expert at the Mayo Clinic in Rochester, Minn.


“The current fad of women piercing their umbilicus has led to many case reports of infections,” Poland said. “And with today’s multiple drug-resistant bacteria, it can lead to disasters.”



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Anti-tax conservatives say no to tax-increase deal


BOSTON (AP) — In the city where a protest over tax policy sparked a revolution, modern day tea party activists are cheering the recent Republican revolt in Washington that embarrassed House Speaker John Boehner and pushed the country closer to a "fiscal cliff" that forces tax increases and massive spending cuts on virtually every American.


"I want conservatives to stay strong," says Christine Morabito, president of the Greater Boston Tea Party. "Sometimes things have to get a lot worse before they get better."


Anti-tax conservatives from every corner of the nation echo her sentiment.


In more than a dozen interviews with The Associated Press, activists said they would rather fall off the cliff than agree to a compromise that includes tax increases for any Americans, no matter how high their income. They dismiss economists' warnings that the automatic tax increases and deep spending cuts set to take effect Jan. 1 could trigger a fresh recession, and they overlook the fact that most people would see their taxes increase if President Barack Obama and Boehner, R-Ohio, fail to reach a year-end agreement.


The strong opposition among tea party activists and Republican leaders from New Hampshire to Wyoming and South Carolina highlights divisions within the GOP as well as the challenge that Obama and Boehner face in trying to get a deal done.


On Capitol Hill, some Republicans worry about the practical and political implications should the GOP block a compromise designed to avoid tax increases for most Americans and cut the nation's deficit.


"It weakens the entire Republican Party, the Republican majority," Rep. Steven LaTourette, R-Ohio, said Thursday night shortly after rank-and-file Republicans rejected Boehner's "Plan B" — a measure that would have prevented tax increases on all Americans but million-dollar earners.


"I mean it's the continuing dumbing down of the Republican Party and we are going to be seen more and more as a bunch of extremists that can't even get a majority of our own people to support policies that we're putting forward," LaTourette said. "If you're not a governing majority, you're not going to be a majority very long."


It's a concern that does not seem to resonate with conservatives such as tea party activist Frank Smith of Cheyenne, Wyo. He cheered Boehner's failure as a victory for anti-tax conservatives and a setback for Obama, just six weeks after the president won re-election on a promise to cut the deficit in part by raising taxes on incomes exceeding $250,000.


Smith said his "hat's off" to those Republicans in Congress who rejected their own leader's plan.


"Let's go over the cliff and see what's on the other side," the blacksmith said. "On the other side" are tax increases for most Americans, not just the top earners, though that point seemed lost on Smith, who added: "We have a day of reckoning coming, whether it's next week or next year. Sooner or later the chickens are coming home to roost. Let's let them roost next week."


It's not just tea party activists who want Republicans in Washington to stand firm.


In conservative states such as South Carolina and Louisiana, party leaders are encouraging members of their congressional delegations to oppose any deal that includes tax increases. Elected officials from those states have little political incentive to cooperate with the Democratic president, given that most of their constituents voted for Obama's Republican opponent, Mitt Romney.


"If it takes us going off a cliff to convince people we're in a mess, then so be it," South Carolina GOP Chairman Chad Connelly said. "We have a president who is a whiner. He has done nothing but blame President Bush. It's time to make President Obama own this economy."


In Louisiana, state GOP Chairman Roger Villere said that "people are frustrated with Speaker Boehner. They hear people run as conservatives, run against tax hikes. They want them to keep their word."


Jack Kimball, a former New Hampshire GOP chairman, said he was "elated" that conservatives thwarted Boehner. He called the looming deadline a political creation. "The Republicans really need to stand on their principles. They have to hold firm."


Conservative opposition to compromise with Obama does not reflect the view of most Americans, according to recent public opinion polls.


A CBS News survey conducted this month found that 81 percent of adults wanted Republicans in Congress to compromise in the current budget negotiations to get a deal done rather than "stick to their positions even if it means not coming to an agreement." The vast majority of Republicans and independent voters agreed.


Overall, 47 percent in the poll said they blamed Republicans in Congress more than Obama and Democrats for recent "difficulties in reaching agreements and passing legislation in Congress." About one-quarter placed more blame on the Democrats and 21 percent said both were responsible.


Although negotiations broke down last week, Obama still hopes to broker a larger debt-reduction deal that includes tax increases on high earners and Republican-favored cuts to entitlement programs such as Medicare and Social Security. If a compromise continues to prove elusive, lawmakers could pass a temporary extension that delays the cliff's most onerous provisions and gives Congress more time to work out a longer-term solution.


That's becoming the favored path by some Republicans leery of going over the cliff.


Mississippi Republican Chairman Joe Nosef shares his Southern colleagues' disdain for tax increases. But he stopped short of taking an absolute position.


"I really, really feel like the only way that Republicans can mess up badly is if they come away with nothing on spending or something that's the same old thing where they hope a Congress in 10 years will have the intestinal fortitude to do it," he said.


Matt Kibbe, president of the national organization and tea party ally, FreedomWorks, says that going over the cliff would be "a fiscal disaster." He says "the only rational thing to do" is approve a temporary extension that prevents widespread tax increases.


But his message doesn't seem to resonate with conservative activists in the states.


"If we have to endure the pain of the cliff then so be it," said Mark Anders, a Republican committeeman for Washington state's Lewis County. "While it may spell the end of the Republican Party ... at least we will force the government to cut and cut deep into actual spending."


Back where the Boston Tea Party protest took place in 1773, Morabito wonders whether Boehner will survive the internal political upheaval and says Republicans need to unite against Obama.


"It looked like from the very beginning they were just going to cave to what President Obama wanted," she said of the GOP. "I didn't want that to happen. Now I'm hopeful that they're standing up for taxpaying Americans."


___


Associated Press writers Bill Barrow in Atlanta, Rachel La Corte and Michael Baker in Washington state, Thomas Beaumont in Iowa, and AP Director of Polling Jennifer Agiesta in Washington contributed to this report.


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Showrooming little threat to clothiers in ho-hum holidays






Chicago (Reuters) – In retail, showrooming has not hit shirts yet.


Showrooming, the retail term for shoppers who try a product, then buy it cheaper on Amazon.com or other websites, has driven retailers to the point of hiding barcodes, improving their own websites and coming up with methods to get people to complete their purchase in the store.






But brand-name clothing retailers have an advantage over companies that sell items you can buy anywhere, like televisions and home goods.


Specialty apparel retailers are some of the least affected by showrooming since the more exclusive the product is, the harder it is to showroom,” said Joel Bines, managing director of the retail practice at advisory firm AlixPartners.


That, in turn, has helped retailers like Gap Inc and Lululemon Athletica Inc find favor with investors.


A survey of 2,010 adults conducted by AlixPartners showed consumers who shop for apparel were among the least likely (35 percent) to go to other websites after they liked an item at a store, compared with 42 percent of electronics shoppers and 41 percent of those looking for accessories like watches and jewelry.


“If you look at some of the most successful (clothes) companies in the past few years, they are those that have that moat around them,” said hedge fund manager Shawn Kravetz, who runs Esplanade Capital in Boston.


He cites yogawear maker Lululemon and Gap as good examples of how it can help to have clothes that are not sold elsewhere.


If a shopper wants to buy a Banana Republic or Nordstrom shirt from the latest season, they have to buy it either from their stores or online shop.


Discount retailers like Zappos, Amazon and others stock brand-name products, but the merchandise is often not from the current season or limited in colors and sizes.


“I don’t need to see if a television fits my body shape when I buy a TV,” said Joe Megibow, senior vice president of omni-channel e-commerce at American Eagle Outfitters. The teen clothes retailer has seen better sales than its peers over the past year.


“I can get a sense of the TV and I’m good. Clothing is different. Does it fit me, is it my style, do I like the quality of the material and how it is put together. There’s so much more with apparel that matters,” he said.


That is the part of the reason, analysts say, why online-only clothing companies like Bonobos and Gap’s Piperlime have started opening brick-and-mortar stores or tied up with retailers to sell their products in physical locations.


Choice and easy availability are the two most important aspects of shopping, especially during a holiday season that has lost steam after what looked like strong Thanksgiving sales.


Estelle Tran, an “impulsive” shopper in her twenties, agreed.


“If I want to buy books, tech items, DVDs, I would definitely buy online. For clothes, I would rather (visit stores) as it is also a fun experience to try on clothes,” said the Chicago-based finance auditor.


Tran said she would definitely check prices online if she was spending more than $ 100.


Luxury and high-priced items can be more susceptible to showrooming, because pricing is what drives the behavior, said Marshal Cohen, chief economist at the consultancy NPD Group.


“With electronics and certain consumer goods it is very easy to compare specific brands across multiple websites. But (showrooming is) happening and it will be growing. If a (clothes) retailer isn’t taking it seriously, they are going to fall behind,” said Bolette Andersen, principal in KPMG’s retail industry practice.


ROOM TO GROW


Some investors are betting on apparel stocks because of their relative insulation from the threat of showrooming.


While the S&P Apparel Index has returned a sizzling 27.71 percent year to date, according to Reuters data, far outperforming the S&P 500, which is up 14.80 percent, more gains may be coming.


“We still think there’s plenty of room to grow,” said Brian Peery, co-portfolio manager at Hennessy Funds. Its growth fund, heavily weighted in apparel and consumer discretionary goods shares, is up 30 percent over the year.


“As we look into the sector 12-18 months, we continue to buy the discretionary area. Two of our heaviest investments would be Foot Locker Inc and TJX Companies Inc,” he said.


Discount chains like TJX and Ross Stores, which sell branded clothes at low prices, have benefited from the surge in bargain-seeking shoppers.


Even the stocks of retailers like Gap and American Eagle that have staged or are staging turnarounds have gotten a good boost over the year. Gap has soared 69 percent and American Eagle is up 31 percent.


R. Shawn Neville, president of Avery Dennison retail branding and information solutions, said another reason that apparel and to a broader extent other consumer discretionary stocks do well is because of their sustainability.


“In uncertain times, investors look towards market segments that have strong underlying demand which are more stable, like the apparel industry,” Neville said.


Moreover, in times of economic uncertainty, shoppers can still afford clothes and shoes, as opposed to a new car, home, or expensive vacations, helping apparel stocks do well, he said.


“Though Amazon is clearly stealing some share in various categories, clothes retailers, say Abercrombie & Fitch isn’t going anywhere. They’re not being run out of the shopping mall,” said Esplanade’s Kravetz.


(Editing by Jeffrey Benkoe)


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Facebook’s new easier-to-manage ‘Privacy Shortcuts’ rolling out globally







Managing Facebook (FB) privacy settings can be a daunting nightmare. Facebook’s new “Privacy Shortcuts” is designed to make sharing items as transparent as possible with always-visible privacy button on the top toolbar. The update also brings “an easier-to-use Activity Log, and a new Request and Removal tool for managing multiple photos you’re tagged in.” The new Facebook privacy controls are rolling out globally starting on Friday and will arrive for all users by the end of the year. For the full details on all of the new changes, be sure to visit Facebook’s Newsroom here.


[More from BGR: Fan-made tweak gives Apple a blueprint for better multitasking in iOS 7 [video]]






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Ridley Scott, Paul Attanasio Working on “Vatican” Pilot for Showtime






LOS ANGELES (TheWrap.com) – Showtime is once again preparing to go papal.


The network, which already has a Pope-centric hit in the form of “The Borgias,” has given the green light to pilot tentatively titled “The Vatican,” from Ridley Scott and Paul Attanasio, Showtime said Thursday.






A contemporary exploration of the politics and power plays within the Catholic church, “The Vatican” will be written by Attanasio and directed by Scott, marking the first pilot that Scott has directed.


“The Vatican” is described as “a provocative contemporary genre thriller about spirituality, power and politics – set against the modern-day political machinations within the Catholic church” that will “explore the relationships and rivalries as well as the mysteries and miracles behind one of the world’s most hidden institutions.”


Production on “The Vatican,” which is being produced by Sony Pictures Television in association with Showtime, will begin next year.


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Spectrum Pharma’s blood cancer drug meets goal in mid-stage trial






(Reuters) – Spectrum Pharmaceuticals Inc said a mid-stage trial of its experimental blood cancer drug met the main goal of shrinking tumors.


The drug, belinostat, was tested in patients with relapsed/refractory peripheral T-Cell (PTCL) lymphoma, who have failed at least one therapy.






The biotechnology company said it expects to file a marketing application with U.S. health regulators by mid-2013, and expects a review date in 2014.


Belinostat was granted orphan-drug status and fast-track status by the U.S. Food and Drug Administration for PTCL.


Spectrum‘s shares, which have fallen about 22 percent in the last year, closed at $ 11.30 on the Nasdaq on Thursday.


(Reporting By Vrinda Manocha in Bangalore; Editing by Don Sebastian)


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Predicting who's at risk for violence isn't easy


CHICAGO (AP) — It happened after Columbine, Virginia Tech, Aurora, Colo., and now Sandy Hook: People figure there surely were signs of impending violence. But experts say predicting who will be the next mass shooter is virtually impossible — partly because as commonplace as these calamities seem, they are relatively rare crimes.


Still, a combination of risk factors in troubled kids or adults including drug use and easy access to guns can increase the likelihood of violence, experts say.


But warning signs "only become crystal clear in the aftermath, said James Alan Fox, a Northeastern University criminology professor who has studied and written about mass killings.


"They're yellow flags. They only become red flags once the blood is spilled," he said.


Whether 20-year-old Adam Lanza, who used his mother's guns to kill her and then 20 children and six adults at their Connecticut school, made any hints about his plans isn't publicly known.


Fox said that sometimes, in the days, weeks or months preceding their crimes, mass murderers voice threats, or hints, either verbally or in writing, things like "'don't come to school tomorrow,'" or "'they're going to be sorry for mistreating me.'" Some prepare by target practicing, and plan their clothing "as well as their arsenal." (Police said Lanza went to shooting ranges with his mother in the past but not in the last six months.)


Although words might indicate a grudge, they don't necessarily mean violence will follow. And, of course, most who threaten never act, Fox said.


Even so, experts say threats of violence from troubled teens and young adults should be taken seriously and parents should attempt to get them a mental health evaluation and treatment if needed.


"In general, the police are unlikely to be able to do anything unless and until a crime has been committed," said Dr. Paul Appelbaum, a Columbia University professor of psychiatry, medicine and law. "Calling the police to confront a troubled teen has often led to tragedy."


The American Academy of Child & Adolescent Psychiatry says violent behavior should not be dismissed as "just a phase they're going through."


In a guidelines for families, the academy lists several risk factors for violence, including:


—Previous violent or aggressive behavior


—Being a victim of physical or sexual abuse


—Guns in the home


—Use of drugs or alcohol


—Brain damage from a head injury


Those with several of these risk factors should be evaluated by a mental health expert if they also show certain behaviors, including intense anger, frequent temper outbursts, extreme irritability or impulsiveness, the academy says. They may be more likely than others to become violent, although that doesn't mean they're at risk for the kind of violence that happened in Newtown, Conn.


Lanza, the Connecticut shooter, was socially withdrawn and awkward, and has been said to have had Asperger's disorder, a mild form of autism that has no clear connection with violence.


Autism experts and advocacy groups have complained that Asperger's is being unfairly blamed for the shootings, and say people with the disorder are much more likely to be victims of bullying and violence by others.


According to a research review published this year in Annals of General Psychiatry, most people with Asperger's who commit violent crimes have serious, often undiagnosed mental problems. That includes bipolar disorder, depression and personality disorders. It's not publicly known if Lanza had any of these, which in severe cases can include delusions and other psychotic symptoms.


Young adulthood is when psychotic illnesses typically emerge, and Appelbaum said there are several signs that a troubled teen or young adult might be heading in that direction: isolating themselves from friends and peers, spending long periods alone in their rooms, plummeting grades if they're still in school and expressing disturbing thoughts or fears that others are trying to hurt them.


Appelbaum said the most agonizing calls he gets are from parents whose children are descending into severe mental illness but who deny they are sick and refuse to go for treatment.


And in the case of adults, forcing them into treatment is difficult and dependent on laws that vary by state.


All states have laws that allow some form of court-ordered treatment, typically in a hospital for people considered a danger to themselves or others. Connecticut is among a handful with no option for court-ordered treatment in a less restrictive community setting, said Kristina Ragosta, an attorney with the Treatment Advocacy Center, a national group that advocates better access to mental health treatment.


Lanza's medical records haven't been publicly disclosed and authorities haven't said if it is known what type of treatment his family may have sought for him. Lanza killed himself at the school.


Jennifer Hoff of Mission Viejo, Calif. has a 19-year-old bipolar son who has had hallucinations, delusions and violent behavior for years. When he was younger and threatened to harm himself, she'd call 911 and leave the door unlocked for paramedics, who'd take him to a hospital for inpatient mental care.


Now that he's an adult, she said he has refused medication, left home, and authorities have indicated he can't be forced into treatment unless he harms himself — or commits a violent crime and is imprisoned. Hoff thinks prison is where he's headed — he's in jail, charged in an unarmed bank robbery.


___


Online:


American Academy of Child & Adolescent Psychiatry: http://www.aacap.org


___


AP Medical Writer Lindsey Tanner can be reached at http://www.twitter.com/LindseyTanner


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Kenya police: 28 people killed in clashes






NAIROBI, Kenya (AP) — A police official says 28 people have been killed in clashes between farmers and herders in south-eastern Kenya.


Anthony Kamitu, who is leading police operations to prevent the attacks, said Friday that the Pokomo tribe of farmers raided a village of the Orma herding community, called Kipao, at dawn in the Tana River Delta.






The latest deaths in a tit-for-tat cycle of killings may be related to a redrawing of political boundaries and next year’s general elections, according to the U.N.


At least 110 people were killed in clashes between the Pokomo and Orma in September and October.


Animosity between the two communities over land and water resources has existed for decades.


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Nokia to get payments in patent deal with RIM






HELSINKI (Reuters) – Struggling Finnish mobile phone maker Nokia has settled its patent dispute with BlackBerry maker Research in Motion in return for payments, as it tries to exploit its trove of technology patents to boost its finances.


Terms of the agreement were confidential, but Nokia said on Friday it included a one-time payment to be booked in the fourth quarter, as well as ongoing fees, all to be paid by RIM.






Nokia is one of the industry’s top patent holders, having invested 45 billion euros ($ 60 billion) in mobile research and development over the past two decades.


It has been trying to make use of that legacy to ensure its survival, amid a fall in sales as well as cash. The Finnish firm is battling to recover lost ground in the lucrative smartphone market to the likes of Apple and Samsung.


The agreement with RIM settles all existing patent litigation between the two companies, Nokia said, adding similar disputes with HTC Corp and ViewSonic still stood.


“This agreement demonstrates Nokia’s industry leading patent portfolio and enables us to focus on further licensing opportunities in the mobile communications market,” said Paul Melin, Nokia’s chief intellectual property officer.


Nokia has earned around 500 million euros a year from patent royalties in key areas of mobile telephony.


Some analysts have said it could earn hundreds of millions more if it can negotiate with more companies successfully.


Analysts estimated its June 2011 settlement with Apple was worth hundreds of millions of euros.


($ 1 = 0.7555 euros)


(Reporting by Ritsuko Ando; Editing by Hans-Juergen Peters and Mark Potter)


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