Katie Holmes in “Dead Accounts”: what did the critics think?












LOS ANGELES (TheWrap.com) – With her marriage to Tom Cruise firmly ensconced in the rearview mirror, Katie Holmes has returned to Broadway to star in Theresa Rebeck‘s “Dead Accounts.”


But the “Dawson’s Creek” actress who will forever be synonymous with one mega-star’s epic Oprah freakout, got credit from many critics for giving it the proverbial college try – although most reviewers savaged the production.












Dead Accounts” centers on a hotshot Wall Street-type (Norbert Leo Butz) who returns to his Cincinnati home with a dark secret. Holmes plays his sister who is still living at home and nursing their father through a kidney stones attack. It marks her second appearance on the Great White Way after a tepidly received turn in a 2008 revival of Arthur Miller‘s “All My Sons.”


Dead Accounts,” which also stars Josh Hamilton and Jane Houdyshell, premiered Thursday at the Music Box Theatre.


In the New York Times, Ben Brantley was surprisingly gentle in his treatment of Holmes even as he dripped acid over Rebeck’s attempt to say something profound about America’s post-Recession doldrums.


“Let me assure you that Ms. Holmes, who was a tad unsteady in her Broadway debut four years ago in Arthur Miller‘s ‘All My Sons,’ appears much more at ease playing a worn-down country mouse to the hyped-up city mouse of Mr. Butz,” he wrote. “Gamely unkempt and lumpen, Ms. Holmes suggests what might have happened to Joey Potter, the ultimate girl-next-door she once portrayed on TV in ‘Dawson’s Creek,’ had she never found true love or left town.”


His overall assessment of the action onstage was far more dire, faulting it for devolving “…into a limp chain of anticlimaxes.”


Also declaring “Dead Accounts” D.O.A. was New York magazine, which, in an unbylined piece, compared Rebeck to Tyler Perry for white people (sorry, “Madea Goes to Jail” fans, it’s not a compliment). However the critic was charitable in assessing the third Mrs. Cruise.


“Holmes is insanely miscast but sunnily game in the role of a ground-down never-was with body image issues and a crater where her confidence should be,” the reviewer wrote.


Those relatively benign notices aside, some critics were clearly sharpening the kitchen-ware for Holmes. In the New York Post, Elisabeth Vincentelli took a cleaver to the actress and the play.


“She’s got one note – shrill, impatient – and yells it at top volume, making a vein bulge on her slender neck. (A recurring joke about Lorna going on a diet falls flat.),” Vincentelli wrote.


Of the play, the Post critic said it should be back to the drawing board; “With its cardboard characters and implausible developments, ‘Dead Accounts‘ feels like a rough first draft.”


Chris Jones of the Chicago Tribune was far kinder when it came to Rebeck’s writing, admiring her for taking on weighty topics, even as he complained she often fell flat in her execution. His views on Holmes were harder to decipher. Though never pejorative, Jones seemed to feel that Holmes’ tabloid past interfered with her stage work.


Still, he was intrigued by the way her own Midwestern background intermingled with that of her character.


“‘Dead Accounts’ hints at the very worthwhile notion that two Americas have grown up alongside each other, one in the thrall of religion, the other of money,” Jones wrote. “Holmes, one suspects, knows a good deal more about that kind of stuff than her character ever gets to say here.”


People Magazine’s Tom Gliatto praised Holmes’ for doing what she could with an underwritten role. He didn’t exactly make her seem Tony bound, but he argued that the fault rests more with the script than the actress.


“Holmes gets her moments in the second act: Lorna is given a simple, tender monologue about planting a tree when she was a child, followed by a full-throttle, over-the-top tirade against money, banks and fiduciary wickedness,” Gliatto wrote. “Holmes gets a big laugh there, but you have the nagging realization that the little memory about the tree slipped by without registering emotionally – that it was a lot more meaningful than the tirade, and that Holmes should have been directed to dig deeper. Or that Rebeck, creator of NBC’s Smash, should have written deeper.”


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South Korea November exports show fragile, uneven global recovery












SEOUL (Reuters) – South Korean exports last month marked their first back-to-back growth of the year, but demand from the advanced economies was weak, data showed on Saturday, indicating any global recovery would be fragile at best.


November exports grew by 3.9 percent over a year earlier to $ 47.8 billion on top of a revised 1.1 percent rise in October, while imports last month rose by 0.7 percent to $ 43.3 billion, the Ministry of Knowledge Economy data showed.












The November data, released for the first time by a major exporting economy, and the robust survey findings in China disclosed earlier in the day offered fresh signs of the global economy regaining some momentum.


Shipments to China and the southeast Asian countries posted sharp gains over a year earlier, whereas demand from the United States and the European Union shrank, according to break-down figures for the November 1-20 period released later.


“Robust data from China and today’s Korean data increase the chances for Korean exports maintaining a modest recovery,” said Park Sang-hyun, chief economist at HI Investment & Securities.


RARE ANNUAL DROP IN EXPORTS


Data released earlier on Saturday showed China’s manufacturing sector activity was at a seven-month high in November, while South Korea’s October industrial output also expanded for the second straight month.


“But as Europe and the U.S. are not getting any stronger soon, any global recovery will be an uneven and fragile one for the time being,” Park added.


Analysts in a Reuters survey had forecast November exports would grow a median 2.6 percent over a year before on top of a revised 1.1 percent gain in October, when overseas sales posted their first growth in four months.


The ministry’s data showed South Korea ran a trade surplus of $ 4.48 billion for November, compared with a revised surplus of $ 3.73 billion in October. The country’s trade balance has been in black for all but two months since early 2009.


Meanwhile, exports for the January-November period were 0.8 percent less than the comparable period of 2011, making it highly likely the country will miss its export target of a 3.5 percent gain set for the whole of 2012.


Reuters calculations show South Korean exports this year would post an annual loss unless shipments in December grow 9 percent or more on a year-on-year basis. The country’s exports grew in all but three years for the past 50 years at least.


South Korea is home to some of the world’s largest suppliers of cars, smartphones and ships. It sends roughly a quarter of its total exports to China and about 10 percent each to the European Union and the United states.


(Editing by Ron Popeski)


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Cargo plane crashes in Brazzaville, 3 dead












BRAZZAVILLE, Republic of Congo (AP) — A cargo plane owned by a private company crashed Friday near the airport in Brazzaville, the capital of the Republic of Congo, killing at least three people, officials said.


The Soviet-made Ilyushin-76 belonged to Trans Air Congo and appeared to be transporting merchandise, not people, said an aviation official who requested anonymity because he was not authorized to speak to the media.












The plane was coming from Congo‘s second-largest city, Pointe Noire, and tried to land during heavy rain, he said.


Ambulances rushed to the scene in the Makazou neighborhood, located near the airport, but emergency workers were hampered by the lack of light in this capital, which like so many in Africa has a chronic shortage of electricity.


“At the moment, my team is having a hard time searching for survivors in order to find the victims of the crash because there is no light and also because of the rain,” Congolese Red Cross head Albert Mberi said.


He said that realistically, they will only be able to launch a proper search Saturday, when the sun comes up.


Reporters at the scene fought through a wall of smoke. Despite the darkness, they could make out the smoldering remains of the plane, including what looked like the left wing of the aircraft. A little bit further on, emergency workers identified the body of the plane’s Ukrainian pilot, and covered the corpse in a blanket.


Firefighters were trying to extinguish the blaze of a part of the plane that had fallen into a ravine. They were using their truck lights to try to illuminate the scene of the crash. Although the plane was carrying merchandise, emergency workers fear that there could be more people on board.


Because of the state of the road connecting Pointe Noire to Brazzaville, many traders prefer to fly the roughly 400 kilometers (250 miles).


Africa has some of the worst air safety records in the world. In June, a commercial jetliner crashed in Lagos, Nigeria, killing 153 people, just a few days after a cargo plane clipped a bus in neighboring Ghana, killing 10.


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EBay’s double tax base prompts calls for investigation












LONDON (Reuters) – Britain and Germany may have missed out on a combined $ 1 billion in sales tax since online marketplace eBay picked a tiny Luxembourg office as its base for EU sales, a shift that lawmakers say should now be investigated.


EBay’s nomination of Luxembourg unit eBay Europe Sarl – with a staff of nine – as its provider of services to EU clients allows it to charge customers in Europe a low rate of sales tax, often known as Value Added Tax, helping it to compete against rivals.












However, the unit doesn’t actually receive the money from sales. Instead, eBay said it continues to channel revenues through a Berne-based unit, allowing the company also to benefit from what Swiss tax lawyers say is the most competitive corporate income tax regime in Europe.


EU rules allow companies to establish subsidiaries in Luxembourg and levy VAT at Luxembourg’s low VAT rate on sales to customers across the bloc.


However, the rules also allow individual EU taxmen to challenge any claim to Luxembourg residence, and the right to charge Luxembourg VAT, in their domestic courts, if the taxman feels a Luxembourg-based subsidiary does not have sufficient staff or assets to support its claim to be the true supplier of goods or services.


Tax experts say eBay’s arrangement, which appears to give eBay the best of both income and sales tax worlds, could be open to challenge, and lawmakers in the UK and Germany want their taxmen to investigate.


“I hope that HMRC (UK tax authority Her Majesty’s Revenue and Customs) takes note … and takes prompt action,” said Margaret Hodge, member of parliament and chairman of the Public Accounts Committee (PAC), which monitors government finances.


“I will be seeking assurance that they are, next time we take evidence from HMRC,” she added. Officials from HMRC are due to testify to the PAC in early December as part of the committee’s investigation into tax matters.


Sven Giegold, member of the European Parliament for Germany’s Green Party, said he wanted the German tax authorities to “have a very critical look at this”.


It is common for companies to seek to reduce their tax bills, and a number of multinationals have established bases in Luxembourg so they can charge customers lower levels of VAT.


EBay said HMRC was aware of all its tax arrangements and that it was confident it met all its tax liabilities in the UK and elsewhere.


“In all countries and at all times, eBay is fully compliant with national, EU and international tax rules (including the OECD) including the remittance of VAT to the appropriate authorities,” an eBay spokesman said in an emailed statement.


The UK, German, French and Luxembourg tax authorities declined to comment on eBay, citing rules on taxpayer confidentiality.


LOWER THRESHOLD


Big companies’ tax practices have risen to the top of the political agenda in Europe in the past year, with lawmakers growing increasingly frustrated with the way in which companies such as search engine company Google pay almost no income tax in countries where they have billions of dollars in sales.


The companies escape liability for income taxes in countries like the UK by arguing the value created by their business, and therefore the location where the profit should be realized, is not the place where the customer resides, but rather in the location where the intellectual property underpinning the product or service is based.


Chas Roy-Chowdhury, head of taxation at the Association of Chartered Certified Accountants, said this was a valid economic argument and that if, for example, HMRC wants to claim more income tax from Google, it has to prove the company is generating more value in the UK than it is declaring.


This would require a thorough deconstruction of its business model and supply chain.


However, it is easier to establish liability to VAT, since this tax hinges simply on the location of the buyer and seller.


“The threshold is lower,” said Simon Newark, head of VAT at accountants UHY Hacker.


“There are a lot more aspects for HMRC to challenge in VAT than in direct (income) tax.”


For tax purposes, the EU deems eBay’s online platform an “electronically supplied service”, a category that also covers e-Books and music downloads.


Under EU rules, suppliers of such services based within the bloc are supposed to charge EU customers VAT at the rate prevailing in the country where the supplier is based.


A number of suppliers of electronic services, including Amazon.Com Inc and Apple Inc’s iTunes have established European headquarters in Luxembourg to enable them to charge customers lower VAT rates than prevail in their customers’ countries.


Luxembourg has traditionally charged the lowest standard VAT rates in the European Union. Its 15 percent rate compares with rates of 19-25 percent in most other EU members.


By charging customers VAT at Luxembourg’s rate eBay is better able to compete with rivals based elsewhere in the EU, such as Britain’s eBid, which must charge customers VAT at the standard UK rate of 20 percent.


However, to be entitled to charge Luxembourg rates, a company has to be able to prove in British, German or EU courts that it is genuinely based in the Grand Duchy.


Companies selling to EU customers from outside the EU – as eBay was until the 2007 nomination of eBay Europe Sarl as supplier to EU clients – must charge European customers VAT at the rate prevailing in the country where the customer resides, and to pay that VAT to the taxman in the customer’s country.


There is no definitive checklist that determines the true base of a company and any decision by a national court can be challenged in the European Court of Justice. In the UK, HMRC said it approached the matter on a case-by-case basis, and disputes are often resolved in court.


“HMRC will challenge any arrangements where it is claimed that supplies are made from a particular country but the business does not have the necessary resources to make those supplies,” a spokesman said.


EUROPE EXPANSION


EBay, which is headquartered in San Jose, California, moved into Europe in 1999 when it established eBay International in Berne. Switzerland’s low income tax regime for foreign companies was highly beneficial for the auction site. “We do have a very favorable international tax structure,” then-Chief Financial Officer Rajiv Dutta told analysts in 2002 when asked how the company managed to pay such low taxes on its non-U.S. income.


The Swiss base also meant, initially, that the company didn’t have to charge EU customers VAT. But in 2003, Brussels changed the rules, which forced eBay to charge EU sellers on its platform VAT based on their residence. The VAT gathered was remitted to the tax authority in the customer’s country.


Not all customers are charged VAT. Most medium-sized and big businesses are legitimately exempted from paying VAT on some purchases, such as eBay seller fees.


EBay’s Swiss-based European public relations head declined to say what portion of its EU customers were liable to be charged VAT. James Cordwell, equities analyst at Atlantic Equities, estimated that such customers accounted for 40-50 percent of sales in Europe.


Since the 2007 creation of its Luxembourg operation, eBay has had German fee revenues of $ 6.1 billion and UK revenues of $ 5 billion, its annual accounts show.


If the services were supplied from Switzerland or another non-EU country, and assuming only half of customers should have been charged VAT, EU rules would have obliged eBay to collect $ 580 million in VAT for the German taxman and $ 500 million in VAT for HMRC since 2007.


EBay’s entitlement to charge Luxembourg VAT on sales and to pay this to the Luxembourg taxman rests on being able to prove in court that eBay Europe Sarl is the provider of services to EU clients.


But despite German and UK fee income of $ 3.1 billion last year, eBay Europe Sarl recorded turnover of only 5 million euros in 2011.


John Hemming, an MP with the Liberal Democrats, the junior partner in the British coalition government, said the fact eBay’s sales revenues did not go through the Luxembourg unit undermined the claim that it was the true provider of services to EU clients.


“If it’s a real transaction, you would expect the money to pass with it, and not pass someplace else,” he said.


Rather than going to Luxembourg, the money generated from customers continues to go to Berne-based eBay International AG, a spokeswoman said.


When Reuters visited in mid November, staff at the Luxembourg office, just opposite the central post office, declined to discuss what operations the unit conducted for eBay.


A spokesman later said the office conducted activities including billing, data privacy, contracting, regulatory, management and some customer services operations.


By contrast, Amazon and iTunes do report their sales of ebooks and music downloads to EU customers through their Luxembourg units.


Prem Sikka, professor of accounting at Essex University, along with Newark and Roy-Chowdhury said a cash trail through a unit was one of the key factors used as evidence that the unit was the true supplier of a service.


UK and German tax authorities could argue that the shift in eBay’s supply base to Luxembourg from Berne was therefore not genuine. If successful, they could claim back the VAT lost.


EBay declined to say why it channeled sales through Switzerland. Tax advisors say the country can still offer some companies lower tax rates than other European low-tax jurisdictions such as Ireland and Luxembourg.


Indeed, EBay’s closest rival Amazon, which channels about half its non-U.S. earnings through Luxembourg, reported average income tax on overseas earnings of 6 percent in the past four years. EBay paid just 3 percent over the same period.


(Additional reporting by Brenda Goh; Editing by Will Waterman)


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Mayim Bialik files to end 9-year marriage in LA












LOS ANGELES (AP) — Court records show Mayim Bialik filed for divorce from her husband of nine years on the same day she announced the couple’s split in a blog post.


She cited irreconcilable differences with husband Michael Stone in the documents filed Nov. 21 in Los Angeles.












Bialik currently stars on the CBS comedy “The Big Bang Theory” and rose to fame as the star of the TV show “Blossom.”


She has been a proponent of “attachment parenting” and the former couple have two sons together, ages 7 and 4. Bialik has said their parenting style was not a factor in the divorce and she is seeking joint custody of the children.


The 36-year-old wrote in her post last week that the divorce is “terribly sad, painful and incomprehensible” for children.


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Amazon’s Robotic Future: A Work in Progress












If you were watching Bloomberg TV recently, you may have seen our correspondent, Cory Johnson, standing in the middle of Amazon’s (AMZN) newest distribution center in Arizona. It’s an impressive facility, brand-new and owned by one of the hardest-charging, most-innovative companies to come onto the retail scene since Sam Walton opened a five-and-dime.


So where are the robots?












After all, aren’t robots supposed to be the future of such places as distribution centers and warehouses? Didn’t Amazon buy a robot manufacturer, Kiva, in March? The online retailer announced in October that it was taking on 50,000 additional part-time workers for the holiday season. Shouldn’t some of those spots be taken up by mechanical arms and wheels?


Maybe not. For all the anxiety over robots coming to take jobs, there are still limitations to what they can do—or what they can do well. Bruce Welty is chief executive officer of Quiet Logistics, an order-fulfillment company that manages the online inventory and distribution for retailers like Gilt, Zara, and Bonobos. He uses robots made by Kiva, the company Amazon purchased, but his warehouse in Massachusetts is not bereft of humans. “Robots aren’t very good at picking up things,” he says. “They aren’t very good at looking at a bin of different things and distinguishing one item from another.”


Welty’s robots do one task and one task only: They move racks of merchandise to workers, who then remove the products from the racks and pack them up for shipping. Saving workers the time and effort to retrieve products offers considerable benefit. “In a typical warehouse, that’s about 60 to 70 percent of the labor,” Welty says.


In addition to what the current state of robotic arts does well, there are further reasons for the continued presence of human beings in warehouses. Labor flexibility is one of the larger ones. “Automation won’t help Amazon in periods of peak demand,” says Stephen Graves, a professor of management science at the Massachusetts Institute of Technology. “People are far more flexible.”


The capital expense to add robots means they need to make sense 12 months out of the year, not two. “The only way to handle spikes in demand is by adding temporary workers,” says Jim Tompkins, CEO of supply-chain consultancy Tompkins International. “If you bought a whole bunch of robots to handle the holiday shopping season, you’d have a whole bunch of robots looking at you, come January.”


So if Amazon just spent nearly a billion dollars buying Kiva, but the robots they produce can’t make a huge difference in how the company operates, what are Amazon’s intentions?


For starters, it’s still early. An acquisition like that of Kiva will take a while to digest, during which time new applications for the robots will surely be devised. “They’re really in a test mode,” says Welty. “They’re going to work on getting it right before any major rollout.”


The Kiva acquisition may have had as much to do with software as it does with hardware, adds Tompkins. “Mechanically, there’s nothing that special about Kiva,” he says. “But what they do have is software that makes sure the robots are in the right place at the right time. This was a software play.”


That’s not exactly how most people would view the deal. But it may be just the head-fake that Amazon CEO Jeff Bezos intended. “I bet Jeff Bezos loves that people are running around trying to put more robots in their distribution centers,” Tompkins says.


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African Union asks UN for immediate action on Mali












DAKAR, Senegal (AP) — In an open letter Thursday to U.N. Secretary-General Ban Ki-moon, the president of the African Union urged the U.N. to take immediate military action in northern Mali, which was seized by al-Qaida-linked rebels earlier this year.


Yayi Boni, the president of Benin who is also head of the African Union, said any reticence on the part of the U.N. will be interpreted as a sign of weakness by the terrorists now operating in Mali. The AU is waiting for the U.N. to sign off on a military plan to take back the occupied territory, and the Security Council is expected to discuss it in coming days.












In a report to the Security Council late Wednesday, Ban said the AU plan “needs to be developed further” because fundamental questions on how the force will be led, trained and equipped. Ban acknowledged that with each day, al-Qaida-linked fighters were becoming further entrenched in northern Mali, but he cautioned that a botched military operation could result in human rights abuses.


The sprawling African nation of Mali, once an example of a stable democracy, fell apart in March following a coup by junior officers. In the uncertainty that ensued, rebels including at least three groups with ties to al-Qaida, grabbed control of the nation’s distant north. The Islamists now control an area the size of France or Texas, an enormous triangle of land that includes borders with Mauritania, Algeria and Niger.


Two weeks ago, the African Union asked the U.N. to endorse a military intervention to free northern Mali, calling for 3,300 African soldiers to be deployed for one year. A U.S.-based counterterrorism official who saw the military plan said it was “amateurish” and had “huge, gaping holes.” The official insisted on anonymity because he was not authorized to speak on the matter.


Boni, in his letter, said Africa was counting on the U.N. to take decisive action.


“I need to tell you with how much impatience the African continent is awaiting a strong message from the international community regarding the resolution of the crisis in Mali. … What we need to avoid is the impression that we are lacking in resolve in the face of these determined terrorists,” he said.


The most feared group in northern Mali is al-Qaida in the Islamic Maghreb, or AQIM, al-Qaida’s North African branch, which is holding at least seven French hostages, including a 61-year-old man kidnapped last week.


On Thursday, SITE Intelligence published a transcript of a recently released interview with AQIM leader, Abu Musab Abdul Wadud, in which he urges Malians to reject any foreign intervention in their country. He warned French President Francois Hollande that he was “digging the graves” of the French hostages by pushing for an intervention.


Also on Thursday, Islamists meted out the latest Shariah punishment in northern city of Timbuktu. Six young men and women were each given 100 lashes for having talked to each other on city streets, witnesses said.


___


Associated Press writer Virgile Ahissou in Cotonou, Benin and Baba Ahmed in Bamako, Mali contributed to this report.


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RIM stock rises after Goldman Sachs upgrade












TORONTO (AP) — Research In Motion rose Thursday after Goldman Sachs upgraded the phone maker’s shares, saying there’s a “30 percent chance” RIM‘s much-delayed BlackBerry 10 smartphones will be a success.


THE SPARK: Goldman Sachs analyst Simona Jankowski lifted RIM to “Buy” from “Neutral,” the latest analyst to voice a slightly more optimistic view for the troubled company. Goldman lifted its 12-month price target to $ 16 from $ 9.












THE BIG PICTURE: RIM was once Canada’s most valuable company, with a market value of more than $ 80 billion in 2008, but shares have sunk due to ground lost to Apple Inc.‘s iPhone and phones running Google Inc.‘s Android system.


Now the company’s new BlackBerrys, expected sometime after Jan. 30, are considered critical to its survival. The new system includes a touch screen and the apps experience that customers now expect.


THE ANALYSIS: Jankowski noted positive early reviews for the new operating system and broad-based support by carriers who are looking to sell a third operating system beyond Google’s Android and Apple’s iOS.


She predicted that RIM will become profitable in the year ending in February 2014. Analysts polled by FactSet expect a loss. Still, she expects RIM to revert to a loss the next year.


Last week, National Bank Financial Kris Thompson increased his price target to $ 15 from $ 12, while Jefferies analyst Peter Misek doubled his price target from $ 5 to $ 10, saying the BlackBerry 10 operating system has a 20 to 30 percent chance of succeeding.


SHARE ACTION: Shares of Research In Motion added 67 cents, or 6.4 percent, to $ 11.77 in midday trading on the Nasdaq. The stock is up 78 percent since late September — but it’s down 23 percent this year through Wednesday’s close, and has lost more than 90 percent from its 2008 high.


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Palm Springs Fest gives Robert Zemeckis’ awards campaign a boost












LOS ANGELES (TheWrap.com) – Robert Zemeckis has been named Director of the Year by the Palm Springs International Film Festival, making the “Flight” director the latest awards hopeful to be honored by one of the two big January film festivals that double as campaign stops on the awards circuit.


The announcement by Palm Springs organizers came one day after the Santa Barbara Film Festival declared “Silver Linings Playbook” star Jennifer Lawrence the Outstanding Performer of the Year.












Palm Springs holds its awards gala on the first Saturday of the new year, which this year falls on January 5, two days after Oscar polls close. Santa Barbara spreads out its awards over a two-week period in late January, after Oscar nominations are announced but before final voting begins.


Both festivals jockey to assemble lineups of probable Oscar nominees, and both are lobbied by Oscar campaigners as they make their selections. The two festivals try to stagger their announcements so as not to compete with each other.


Besides Zemeckis’ award, Palm Springs has announced that it will honor Naomi Watts with the Desert Palm Achievement Award for Acting and Helen Hunt with the Spotlight Award.


In addition to Lawrence, Santa Barbara will give its Modern Master Award to Ben Affleck. Robert De Niro will receive the festival’s Kirk Douglas Award for Excellence in Film, an honor that is presented at a separate black-tie event in December rather than during the festival.


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Stock futures gain ahead of data on fiscal hopes












NEW YORK (Reuters) – Stock futures rose on Thursday, building on the previous session’s steep gains, on expectations of progress toward a fiscal agreement in Washington that would avert an economic meltdown.


Market participants will continue to focus on discussions in Congress to avoid big spending cuts and tax hikes – dubbed the “fiscal cliff” – and equities may retreat, as they did Tuesday, if the upbeat negotiation environment in Washington shifts.












“There will be a deal before December 31 to avert the economy facing disaster,” said Peter Cardillo, chief market economist at Rockwell Global Capital in New York.


“We’re back on track for a year-end rally to continue,” he said, highlighting the continued support the Federal Reserve has given to equity markets.


Investors await data, including the second estimate of third-quarter gross domestic product, due at 8:30 a.m. ET (1330 GMT). Economists in a Reuters survey forecast a 2.8 percent annualized pace of growth, compared with a 2.0 percent rate in the first estimate.


The Commerce Department will issue preliminary corporate profits for the third quarter at 8:30 a.m. (1330 GMT). At the same time, the Labor Department will release first-time claims for jobless benefits; 390,000 new filings are forecast, compared with 410,000 in the prior week.


The yield on Italy’s 10-year bonds fell to the lowest in two years at an auction, amid relief that immediate risks over Greece had diminished.


“The fact that the bond sales in Europe went well suggest confidence is beginning to reenter some of the peripheral nations and that is a good sign,” Cardillo said.


The euro flirted with the $ 1.30 level and boosted commodity prices, which could lift the basic materials and energy stock sectors.


S&P 500 futures rose 9 points and were above fair value, a formula that evaluates pricing by taking into account interest rates, dividends and time to expiration on the contract. Dow Jones industrial average futures rose 78 points, and Nasdaq 100 futures added 17.5 points.


Also due for release Thursday are pending home sales for October at 10:00 a.m. (1500 GMT) and the Federal Reserve Bank of Kansas City November manufacturing survey at 11:00 a.m.


Tiffany shares fell 9 percent to $ 58.02 in premarket trading after the upscale jeweler reported quarterly results and lowered its full-year sales and profit forecasts.


U.S.-listed shares of BlackBerry maker Research In Motion soared 11.7 percent to $ 12.40 in premarket trading after Goldman Sachs upgraded the stock to “buy” from “neutral.”


Kroger , the biggest U.S. supermarket operator, is due to report third-quarter earnings.


On Wednesday, the Dow Jones industrial average <.DJI> rose 106.98 points, or 0.83 percent, to 12,985.11. The S&P 500 <.SPX> gained 10.99 points, or 0.79 percent, to 1,409.93. The Nasdaq Composite <.IXIC> added 23.99 points, or 0.81 percent, to close at 2,991.78.


(Editing by Bernadette Baum)


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Myanmar cracks down on mine protest; dozens hurt












MONYWA, Myanmar (AP) — Security forces used water cannons and other riot gear Thursday to clear protesters from a copper mine in in northwestern Myanmar, wounding villagers and Buddhist monks just hours before opposition leader Aung San Suu Kyi was to visit the area to hear their grievances.


The crackdown at the Letpadaung mine near the town of Monywa risks becoming a public relations and political fiasco for the reformist government of President Thein Sein, which has been touting its transition to democracy after almost five decades of repressive military rule.












The environmental and social damage allegedly produced by the mine has become a popular cause in activist circles, but was not yet a matter of broad public concern. However, hurting monks — as admired for their social activism as they are revered for their spiritual beliefs — is sure to antagonize many ordinary people, especially as Suu Kyi’s visit highlights the events.


“This is unacceptable,” said Ottama Thara, a 25-year-old monk who was at the protest. “This kind of violence should not happen under a government that says it is committed to democratic reforms.”


According to a nurse at a Monywa hospital, 27 monks and one other person were admitted with burns caused by some sort of projectile that released sparks or embers. Two of the monks with serious injuries were sent for treatment in Mandalay, Myanmar’s second biggest city, a 2 ½ hour drive away. Other evicted protesters gathered at a Buddhist temple about 5 kilometers (3 miles) from the mine’s gates.


Lending further sympathy to the protesters’ cause is whom they are fighting against. The mining operation is a joint venture between a Chinese company and a holding company controlled by Myanmar’s military. Most people remain suspicious of the military, while China is widely seen as having propped up army rule for years, in addition to being an aggressive investor exploiting the country’s many natural resources.


Government officials had publicly stated that the protest risked scaring off foreign investment that is key to building the economy after decades of neglect.


State television had broadcast an announcement Tuesday night that ordered protesters to cease their occupation of the mine by midnight or face legal action. It said operations at the mine had been halted since Nov. 18, after protesters occupied the area.


Some villagers among a claimed 1,000 protesters left the six encampments they had at the mine after the order was issued. But others stayed through Wednesday, including about 100 monks.


Police moved in to disperse them early Thursday.


“Around 2:30 a.m. police announced they would give us five minutes to leave,” said protester Aung Myint Htway, a peanut farmer whose face and body were covered with black patches of burned skin. He said police fired water cannons first and then shot what he and others called flare guns.


“They fired black balls that exploded into fire sparks. They shot about six times. People ran away and they followed us,” he said, still writhing hours later from pain. “It’s very hot.”


Photos of the wounded monks showed they had sustained serious burns on parts of their bodies. It was unclear what sort of weapon caused them.


The protest is the latest major example of increased activism by citizens since the elected government took over last year. Political and economic liberalization under Thein Sein has won praise from Western governments, which have eased sanctions imposed on the previous military government because of its poor record on human and civil rights. However, the military still retains major influence over the government, and some critics fear that democratic gains could easily be rolled back.


In Myanmar’s main city of Yangon, six anti-mine activists who staged a small protest were detained Monday and Tuesday, said one of their colleagues, who asked not to be identified because he did not want to attract attention from the authorities.


Asia News Headlines – Yahoo! News


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Past hosts teaming for Spike Video Game Awards












LOS ANGELES (AP) — The Spike Video Game Awards are assembling past hosts.


The cable network announced Thursday that the gaming extravaganza’s previous emcees would join “The Avengers” star and four-time VGAs host Samuel L. Jackson at next week’s show.












Previous hosts Zachary Levi, Snoop Lion, Jack Black and Neil Patrick Harris are set to appear at the 10th annual ceremony.


The show will also feature debut footage from upcoming games “BioShock Infinite,” ”Castlevania: Lords of Shadow 2″ and “Tomb Raider,” and from downloadable content “Spartan Ops” for “Halo 4″ and “The Tyranny of King Washington” for “Assassin’s Creed III.”


“Assassin’s Creed III,” ”Dishonored,” ”Journey,” ”Mass Effect 3″ and “The Walking Dead: The Game” are vying for the best game trophy.


The VGAs will air live on Spike on Dec. 7 from Sony Picture Studios in Culver City, Calif.


Gaming News Headlines – Yahoo! News


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Van Gogh, John Lennon letters coming to NY auction












NEW YORK (AP) — An upcoming auction of over 300 historical documents includes rare letters written by Vincent van Gogh, George Washington, John Lennon and other iconic figures.


The property of an anonymous American collector is being offered by Profiles in History in an online and phone auction on Dec. 18.












Among the highlights is a two-page letter from Washington to an Anglican clergyman.


Another top item is a signed van Gogh letter, written in 1890, to Joseph and Marie Ginoux, who were proprietors of the Cafe de la Gare in Arles, France, where the Dutch post-impressionist artist lived for a time.


Each of those letters is estimated to bring $ 200,000 to $ 300,000.


A handwritten letter from John Lennon to Eric Clapton has a pre-sale estimate of $ 20,000 to $ 30,000.


The collection will be exhibited Dec. 3-9 at Douglas Elliman’s Madison Avenue art gallery.


Washington‘s letter was written on Aug. 15, 1798, to the Rev. Jonathan Boucher, amid an undeclared naval war with France. Washington thanks Boucher for sending him his “View of the Causes and Consequences of the American Revolution,” a book of 13 discourses Boucher preached.


“Peace, with all the world is my sincere wish, I am sure it is our true policy — and am persuaded it is the ardent desire of the Government,” the former president and Founding Father wrote.


In a Jan. 20, 1890, four-page letter, handwritten in French to his friends Monsieur and Madame Ginoux, van Gogh wishes the ailing proprietress a speedy recovery.


“Illnesses are there to make us remember again that we are not made of wood,” the artist wrote. “That’s what seems the good side of all this to me. Then afterwards one goes back to one’s everyday work less fearful of the annoyances, with a new store of serenity.” Van Gogh died less than seven months later.


He suffered from acute anxiety and bouts of depression throughout his life. Madame Ginoux and the cafe were frequent subjects of his work.


The eight-page letter from Lennon is a draft he wrote to Clapton on Sept. 29, 1971, and signed “John and Yoko.” The whereabouts of the final version is unknown.


Lennon writes candidly about his admiration for the great British guitarist and suggests forming a “‘nucleus’ group (Plastic Ono Band) . — and of course had YOU!!! In mind as soon as we decided.” He writes that drummer Jim Kelnter, artist Klaus Voormann, pianist Nicky Hopkins and producer Phil Spector “all agreed so far” to join.


“Anyway, the point is, after missing the Bangla-Desh concert, we began to feel more and more like going on the road, but not the way I used with the Beatles — night after night of torture. We mean to enjoy ourselves, take it easy, and maybe even see some of the places we go to! We have many ‘revolutionary’ ideas for presenting shows that completely involve the audience .”


Other luminaries whose papers will be sold include Lou Gehrig, Louis Pasteur, Sigmund Freud, Charles Darwin, Marie Curie, Giuseppe Verdi, Peter Tchaikovsky, Cole Porter, King Henry II and Napoleon I.


The December auction is the first of several sales that will be held over two years. The entire collection contains 3,000 items.


__


Online:


Information on how to bid is available on www.profilesinhistory.com.


Entertainment News Headlines – Yahoo! News


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One in 10 workers underemployed















Penny Cook has asked her part-time employer for more hours but has been refused



One in 10 of all workers in the UK is now officially underemployed, according to a study from the Office For National Statistics (ONS).


It says 3.05 million workers want to work more hours each week, out of a total workforce of 29.41 million.


The number of workers in this position has shot up by 980,000 in the four years since the start of the economic recession in 2008.


Most of the underemployment is concentrated among part-time workers.


Continue reading the main story

Start Quote



This problem of underemployment seems to particularly affect the poorer parts of society”



End Quote



The main reason for the growth of underemployment has been the economic downturn of the past few years.


“During this period many workers moved from full-time to part-time roles and many of those returning to work after a period of unemployment could only find part-time jobs,” the statistical office said.


“Of the extra one million underemployed workers in 2012 compared with 2008, three-quarters were in part-time posts.”


The ONS said 1.9 million of the underemployed were in part-time jobs and this meant, in turn, that 24% of all part-timers wanted more work.


By contrast, only 5.5% of full-time staff said they wanted to work more hours.


Each quarter, as part of its Labour Force Survey (LFS), the ONS asks respondents a series of questions about their willingness and ability to work more hours.


Someone is counted as underemployed if they are working fewer hours than they would like.


Continue reading the main story


The growth of underemployment has gone alongside a big fall in the real value of earnings, the ONS said, which have been outstripped by inflation in recent years.


Jane Tomlinson, a part-time worker from Oxford, told the BBC what it had been like to be underemployed for the past year.


“I work only 15 hours a week paid work for a charity as communications manager,” she said.


“I don’t actually want a full-time job, but I need more than 15 hours a week, so I pick up a bit of copywriting work here and there as I can find it.


“But month to month it’s really tough as I make only just enough to pay the bills. Thank goodness my husband has a job,” she added.


‘Half-time salaries’


Caroline Parre, an academic from Birmingham, said for the past three years the recession had prevented her hours being extended.


Continue reading the main story

Start Quote



With part-timers we can contract and expand our workforce relative to increases and decreases in orders received,”



End Quote Colin Johnson An employer from Lincoln


“Recruited to set up a research centre, the expectation had always been the part-time job would convert into full-time employment. The recession has changed that hope,” she said.


“There is danger in the situation: to enable the success of the venture I have, voluntarily, worked full-time hours on a part-time salary, in the hope and belief that efforts would be rewarded.


“Efforts, of course, are not rewarded, and employers find themselves in the happy position of paying full time workers half-time salaries,” she pointed out.


But a spokeswoman for the Department for Work and Pensions (DWP) said the figures showed that three quarters of all part-time staff appeared to be content.


“Part-time working suits millions of people and gives others the skills and experience to find a different job or take advantage of longer hours when they are available,” she said.


“For many people it is an important step to full-time work and coming off benefits.”


This was backed up by Colin Johnson, who runs a mail order company in Lincoln and who told the BBC his staff were happy to work part-time.


“All of my employees are technically part-time. Some are working mums who work around schooling,” he said.


“With part-timers we can contract and expand our workforce relative to increases and decreases in orders received, and we can dovetail staff to deal with peaks on the phone.


“Prior to this way of working we would have out-sourced, so these are new jobs,” he added.


Self-employed


The ONS explained that most of the rise in underemployment took place between 2008 and 2009, when the recession first gripped the UK economy.




ONS statistician Jamie Jenkins: “Underemployment has gone up by one million people since the economic crisis”



Since then it has still been rising, though more slowly then before.


According to the ONS analysis, the problem is worst among the lowest paid, young workers and those in low-skilled jobs, such as labourers, cleaners and catering staff.


The shortage of work has also led to a big rise in the level of underemployment reported by the self-employed.


They are now even more likely to report being underemployed than those who work for others.


However the precise reasons for individuals being underemployed can vary.


The ONS said these reasons could include:


  • employers only being able to offer a few hours of work each week

  • workers, such as bar staff, being in jobs where they are only required for a few hours a day

  • personal circumstances changing so that someone now wants to work more hours then before

  • people settling for a part-time job as second-best when they would much rather have a full-time one

Labour market economist John Philpott said: “Approaching one in five economically active people are struggling in today’s ‘no or not enough work’ economy.


“Add in the effect of falling real take-home pay for the vast majority of people in work and it becomes clear how much distress is being suffered.”


The TUC’s general secretary, Brendan Barber, said: “Being underemployed carries a huge pay penalty that puts a real strain on people’s finances.


“Long periods of underemployment can cause longer term career damage, which is particularly worrying for the one in five young people currently trapped in it.”


BBC News – Business


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US rabbi says jailed American in good health












HAVANA (AP) — A prominent New York rabbi and physician visited an American subcontractor serving a long jail term in Cuba and said the man is in good health, despite his family’s concerns about a growth on his right shoulder.


Rabbi Elie Abadie, who is also a gastroenterologist, told The Associated Press in an exclusive interview following Tuesday’s 2 1/2-hour visit at a military hospital in Havana that he personally examined Alan Gross and received a lengthy briefing from a team of Cuban physicians who have attended him.












He said the 1 1/2-inch growth on Gross’s shoulder appeared to be a non-cancerous hematoma that should clear up by itself.


“Alan Gross does not have any cancerous growth at this time, at least based on the studies I was shown and based on the examination, and I think he understands that also,” Abadie said.


Abadie said the hematoma, basically internal bleeding linked to the rupture of muscle fiber, was likely caused by exercise Gross does in jail. He said the growth ought to eventually disappear on its own.


Gross’s plight has put already chilly relations between Cuba and the United States in a deep freeze. The Maryland native was arrested in December 2009 while on a USAID-funded democracy building program and later sentenced to 15 years in jail for crimes against the state.


He claims he was only trying to help the island’s small Jewish community gain Internet access.


Gross’s health has been an ongoing issue during his incarceration. The 63-year-old, who was obese when arrested, has lost more than 100 pounds while in jail.


Abadie, a rabbi at New York’s Edmund J. Safra Synagogue, said Gross’s weight is appropriate for a man his age and height.


Photos that Abadie and a colleague provided to AP of Tuesday’s meeting with Gross showed him looking thin, but generally appearing to be in good spirits.


In one photo, Gross holds up a handwritten note that says “Hi Mom.”


“He definitely feels strong. He is in good spirits. He feels fit, to quote him, physically. But of course, like any other person who is incarcerated or in prison, he wants to be free. He wants to be able to go back home,” Abadie said.


Gross’s family has repeatedly appealed for his release on humanitarian grounds, noting his health problems and the fact that his adult daughter and elderly mother have both been battling cancer.


Jared Genser, counsel to Alan Gross, said late Tuesday that Rabbi Abadie is not Gross’s physician and he would like an oncologist of his choosing to evaluate him.


“While we are grateful Rabbi Abadie was able to see Alan, we have asked an oncologist to review the test results to determine if they are sufficient to rule out cancer. More importantly, if Alan is so healthy, we cannot understand why the Cuban government has repeatedly denied him an independent medical examination by a doctor of his choosing as is required by international law,” said Genser.


Gross and his wife recently filed a $ 60 million lawsuit against his former Maryland employer and the U.S. government, saying they didn’t adequately train him or disclose risks he was undertaking by doing development work on the Communist-run island.


They filed another lawsuit against an insurance company they say has reneged on commitments to pay compensation in case of his wrongful detention.


Separately, a lawyer for Gross has written the United Nations’ anti-torture expert, saying Cuban officials’ treatment of his client “will surely amount to torture” if he continues to be denied medical care.


Rumors have been swirling in U.S. media that Cuba might soon release Gross as a gesture of good will or in the hopes of winning concessions from the administration of President Barack Obama, but Abadie said that those reports appeared to be false.


“As far as I know there is no truth to it,” he said.


Abadie said he met with senior Cuban officials who expressed their desire to resolve the case “as quickly as possible,” but would not say specifically who he spoke with or what they offered.


“They claim that they are more than willing to sit at the table,” he said.


Cuban officials have strongly implied they hope to trade Gross for five Cuban agents sentenced to long jail terms in the United States, one of whom is already free on bail.


Abadie said Gross made clear that he does not want his case linked to that of the agents, known in Cuba as “The Five Heroes,” because he does not believe he is guilty of espionage.


But Abadie said Gross is hoping for a “constructive and productive” dialogue between U.S. and Cuban officials to resolve his case.


___


Follow Paul Haven on Twitter: http://www.twitter.com/paulhaven.


Latin America News Headlines – Yahoo! News


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U.S. for-profit colleges spend big on marketing while slashing other costs












(Reuters) – Google‘s biggest advertiser is neither a bank nor a retailer.


It’s the for-profit University of Phoenix, which has recently been spending nearly $ 400,000 a day on ads, more than any financial firm or retailer, the traditional big spenders on online advertising, according to search analytics firm SpyFu.












That kind of spending may seem surprising coming from a college, but marketing has become vital for the university and its for-profit rivals as enrollments plummet and they fight back against a host of criticisms, including low job-placement rates.


Colleges such as University of Phoenix, the industry leader owned by Apollo Group Inc, will not only have to boost enrollments to reverse their fortunes, analysts say. They will also need to consider cutting tuition fees as well as continue to slash costs and take market share from rivals.


“I have witnessed several versions of this cycle but none as extreme as this,” said Trace Urdan, an analyst with Wells Fargo Securities, who has been covering the U.S. for-profit education industry for about 15 years.


“We are going to see more pointed efforts at marketing and more price competition in an effort to try to capture more market share both from each other as well as from traditional schools,” Urdan said.


Operators of other for-profit colleges, whose ranks include the Washington Post Co’s Kaplan business, DeVry Inc and ITT Educational Services Inc, are also boosting their spending on marketing and are among the 25 biggest advertisers on Google.


But no one is spending like the University of Phoenix, which doubled its spending on Google ads to about $ 380,000 per day on average between October 12 and November 12, compared with $ 170,000 a day in the previous month, according to SpyFu.


Increased marketing alone will not be enough to fatten fast-shrinking profit margins and increase enrollments, however. Lower tuition fees and increased specialization of the type of programs offered, along with further streamlining of operations, will also be necessary, analysts say.


Industry bellwether University of Phoenix, which offers courses at about 230 campuses as well as online, announced plans last month to shut about half its locations and cut 800 jobs in order to save about $ 300 million a year by 2014.


New enrollments in the Apollo system are down nearly 50 percent in the past two years. As of August 31, enrollment totaled about 328,000.


Career Education Corp, which owns American InterContinental University and the Le Cordon Bleu colleges, and Lincoln Educational Services Corp have also announced closures.


LOW-COST MODEL


The $ 25 billion industry, which typically serves adults looking for a career change or a program to enhance job skills, is reeling after government investigations revealed fraud related to financial aid, worryingly high student debt loads and low rates of graduation and job placement.


“Many for-profit colleges make decisions that prioritize their bottom line, even when those decisions limit their students’ opportunities for academic success,” a U.S. Senate report said earlier this year.


Tuition fees, and therefore profits, is one area under pressure as potential students need to be convinced to take out loans in an uncertain job market.


Apollo, whose stock has lost about 65 percent of its value this year, implemented a tuition freeze earlier this year and promised students it will not increase prices through the course of their programs.


Apollo is also looking at different cost models, with a view to serving segments of the population that it cannot serve with current University of Phoenix tuition prices.


“We have certainly seen a lot more competition at the lower end of the price scale, and that’s something we are focusing on,” Apollo spokesman Mark Brennar said, while declining to offer specifics.


Wells Fargo’s Urdan said it is likely that Apollo wants to compete in the low-cost end of the market by building a second brand, which it would likely do by acquiring another college rather than starting from scratch.


As colleges lower their revenue base by cutting tuition fees even as they spend more on marketing, lower margins could become the norm, analysts say. That has spooked investors already worried about sliding enrollments.


The S&P 1500 Education Services index has lost three-quarters of its value since April 2010, including a 50 percent decline in 2012.


Some for-profit colleges already differentiate themselves in the crowded higher-education market by offering programs in a particular field or by targeting students of a particular background, and that trend could accelerate.


American Public Education, for example, is known for enrolling those who work in the military and public services, while Universal Technical Institute offers programs related to the automotive industry.


For-profit colleges play up their links to employers to attract students who may otherwise opt for traditional or community colleges, said Rob Lytle, head of the education practice at advisory firm Parthenon Group.


“They are about getting people workforce employability skills, and I think they are going to be focusing tighter on that,” said Lytle.


(Reporting by A. Ananthalakshmi in Bangalore; Editing by Ted Kerr)


Internet News Headlines – Yahoo! News


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New Zealand becomes Middle Earth as Hobbit mania takes hold












WELLINGTON (Reuters) – New Zealand‘s capital city was rushing to complete its transformation into a haven for hairy feet and pointed ears on Tuesday as stars jetted in for the long-awaited world premiere of the first movie of the Hobbit trilogy.


Wellington, where director Peter Jackson and much of the post production is based, has renamed itself “the Middle of Middle Earth“, as fans held costume parties and city workers prepared to lay 500 m (550 yards) of red carpet.












A specially Hobbit-decorated Air New Zealand jet brought in cast, crew and studio officials for the premiere.


Jackson, a one-time printer at a local newspaper and a hometown hero, said he was still editing the final version of the “Hobbit, an Unexpected Journey” ahead of Wednesday’s premiere screening.


The Hobbit movies are based on J.R.R. Tolkien’s book and tell the story that leads up to his epic fantasy “The Lord of the Rings“, which Jackson made into three Oscar-winning films about 10 years ago.


It is set 60 years before “The Lord of The Rings” and was originally planned as only two movies before it was decided that there was enough material to justify a third.


New Zealand fans were getting ready to claim the best spots to see the film’s stars, including British actor Martin Freeman, who plays the Hobbit Bilbo Baggins, Hugo Weaving, Cate Blanchett, and Elijah Wood.


“It’s been a 10-year wait for these movies, New Zealand is Tolkien’s spiritual home, so there’s no way we’re going to miss out,” said office worker Alan Craig, a self-confessed Lord of the Rings “nut”.


The production has been at the centre of several controversies, including a dispute with unions in 2010 over labor contracts that resulted in the government stepping in to change employment laws, and giving Warner Brothers increased incentives to keep the production in New Zealand.


The Hobbit did come very close to not being filmed here,” Jackson told Radio New Zealand.


He said Warners had sent scouts to Britain to look at possible locations and also matched parts of the script to shots of the Scottish Highlands and English forests.


“That was to convince us we could easily go over there and shoot the film … and I would have had to gone over there to do it but I was desperately fighting to have it stay here,” Jackson said.


Last week, an animal rights group said more than 20 animals, including horses, pigs and chickens, had been killed during the making of the film. Jackson has said some animals used in the film died on the farm where they were being housed, but that none had been hurt during filming.


The films are also notable for being the first filmed at 48 frames per second (fps), compared with the 24 fps that has been the industry standard since the 1920s.


The second film “The Hobbit: The Desolation of Smaug” will be released in December next year, with the third “The Hobbit: There and Back Again” due in mid-July 2014.


(Editing by Paul Tait)


Movies News Headlines – Yahoo! News


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ConAgra to buy Ralcorp for $5 billion












(Reuters) – Long-time suitor ConAgra Foods Inc finally sealed a deal to buy Ralcorp Holdings Inc for $ 5 billion to become the biggest private label food company in North America.


Ralcorp shareholders will receive $ 90 per share in cash, representing a premium of 28.2 percent to the stock’s Monday close, ConAgra said.












Ralcorp shares were trading at $ 88.50 before the bell. They closed at $ 70.23 on the New York Stock Exchange on Monday.


The deal is valued at $ 6.8 billion including debt, ConAgra said in a statement on Tuesday.


Ralcorp last year rejected several ConAgra offers, including a $ 94 per share bid that valued the company at $ 5.2 billion, and chose instead to spin off its Post cereal business.


With Tuesday’s deal, the combined market value of Ralcorp and Post Holdings Inc is about $ 6.12 billion.


Activist investor Corvex Management, Ralcorp’s largest shareholder, in August demanded that the food manufacturer either sell itself, buy another company or change its strategy after a series of earnings disappointments.


ConAgra said the deal, which was approved by the boards of both companies, will add to earnings in the first year.


ConAgra’s shares closed at $ 28.29 on the New York Stock Exchange on Monday.


(Reporting by Siddharth Cavale in Bangalore; Editing by Sriraj Kalluvila)


(This story was refiled to correct the month to August from October in the seventh paragraph)


Business News Headlines – Yahoo! News


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Mexican beauty queen killed in shootout












CULIACAN, Mexico (AP) — A 20-year-old state beauty queen died in a gun battle between soldiers and the alleged gang of drug traffickers she was traveling with in a scene befitting the hit movie “Miss Bala,” or “Miss Bullet,” about Mexico’s not uncommon ties between narcos and beautiful pageant contestants.


The body of Maria Susana Flores Gamez was found Saturday lying near an assault rifle on a rural road in a mountainous area of the drug-plagued state of Sinaloa, the chief state prosecutor said Monday. It was unclear if she had used the weapon.












“She was with the gang of criminals, but we cannot say whether she participated in the shootout,” state prosecutor Marco Antonio Higuera said. “That’s what we’re going to have to investigate.”


The slender, 5-foot-7-inch brunette was voted the 2012 Woman of Sinaloa in a beauty pageant in February. In June, the model competed with other seven contestants for the more prestigious state beauty contest, Our Beauty Sinaloa, but didn’t win. The Our Beauty state winners compete for the Miss Mexico title, whose holder represents the country in the international Miss Universe.


Higuera said Flores Gamez was traveling in one of the vehicles that engaged soldiers in an hours-long chase and running gun battle on Saturday near her native city of Guamuchil in the state of Sinaloa, home to Mexico’s most powerful drug cartel. Higuera said two other members of the drug gang were killed and four were detained.


The shootout began when the gunmen opened fire on a Mexican army patrol. Soldiers gave chase and cornered the gang at a safe house in the town of Mocorito. The other men escaped, and the gunbattle continued along a nearby roadway, where the gang’s vehicles were eventually stopped. Six vehicles, drugs and weapons were seized following the confrontation.


It was at least the third instance in which a beauty queen or pageant contestants have been linked to Mexico’s violent drug gangs, a theme so common it was the subject of a critically acclaimed 2011 movie.


In “Miss Bala,” Mexico’s official submission to the Best Foreign Language Film category of this year’s Academy Awards, a young woman competing for Miss Baja California becomes an unwilling participant in a drug-running ring, finally getting arrested for deeds she was forced into performing.


In real life, former Miss Sinaloa Laura Zuniga was stripped of her 2008 crown in the Hispanoamerican Queen pageant after she was detained on suspicion of drug and weapons violations. She was later released without charges.


Zuniga was detained in western Mexico in late 2010 along with seven men, some of them suspected drug traffickers. Authorities found a large stash of weapons, ammunition and $ 53,300 with them inside a vehicle.


In 2011, a Colombian former model and pageant contestant was detained along with Jose Jorge Balderas, an accused drug trafficker and suspect in the 2010 bar shooting of Salvador Cabanas, a former star for Paraguay‘s national football team and Mexico’s Club America. She was also later released.


Higuera said Flores Gamez’s body has been turned over to relatives for burial.


“This is a sad situation,” Higuera told a local radio station. She had been enrolled in media courses at a local university, and had been modeling and in pageants since at least 2009.


Javier Valdez, the author of a 2009 book about narco ties to beauty pageants entitled “Miss Narco,” said “this is a recurrent story.”


“There is a relationship, sometimes pleasant and sometimes tragic, between organized crime and the beauty queens, the pageants, the beauty industry itself,” Valdez said.


“It is a question of privilege, power, money, but also a question of need,” said Valdez. “For a lot of these young women, it is easy to get involved with organized crime, in a country that doesn’t offer many opportunities for young people.”


Sometimes drug traffickers seek out beauty queens, but sometimes the models themselves look for narco boyfriends, Valdez said.


“I once wrote about a girl I knew of who was desperate to get a narco boyfriend,” he said. “She practically took out a classified ad saying ‘Looking for a Narco’.”


The stories seldom end well. In the best of cases, a beautiful woman with a tear-stained face is marched before the press in handcuffs. In the worst of cases, they simply disappear.


“They are disposable objects, the lowest link in the chain of criminal organizations, the young men recruited as gunmen and the pretty young women who are tossed away in two or three years, or are turned into police or killed,” Valdez said.


___


Associated Press Writer E. Eduardo Castillo contributed to this report


Latin America News Headlines – Yahoo! News


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Card firms’ block on WikiLeaks did not break rules: EU












BRUSSELS (Reuters) – A block on processing donations for WikiLeaks by Visa Europe and other credit card companies is unlikely to have violated EU anti-trust rules, the European Commission said on Tuesday.


DataCell, a company that collected donations for WikiLeaks, complained to the Commission about Visa Europe, MasterCard Europe and American Express Co after they stopped processing donations for WikiLeaks in December 2010. Their decisions followed criticism by the United States of WikiLeaks’ release of thousands of sensitive U.S. diplomatic cables.












“On the basis of the information available, the Commission considers that the complaint does not merit further investigation because it is unlikely that any infringement of EU competition rules could be established,” said a spokesman for the Commission, the EU executive.


He added, however, that the Commission would look at new information from DataCell before taking a final decision.


WikiLeaks founder Julian Assange has been staying in Ecuador’s embassy in central London since June to avoid extradition to Sweden to face rape and sexual assault allegations.


Assange said there were no lawful grounds for the card companies’ actions, which he said had cost Wikileaks 95 percent of its revenue and threatened his organization’s existence.


(Reporting by Foo Yun Chee and Adrian Croft; Editing by Louise Heavens)


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“Searching for Sugar Man,” “First Cousin Once Removed” Win at International Documentary Festival












LOS ANGELES (TheWrap.com) – “Searching for Sugar Man” is continuing to find critical acclaim.


Malik Benjelloul‘s documentary about musician Rodriguez, who abandoned music only to find his career resuscitated after becoming hugely popular in South Africa, won the Best Music Documentary award at the International Documentary Film Festival Amsterdam, the festival said Friday.












“Sugar Man” also took home the Audience award.


Alan Berliner’s documentary “First Cousin Once Removed,” about his uncle’s struggle with Alzheimer’s disease, also scored big, winning for Best Feature-Length Documentary.


Movies News Headlines – Yahoo! News


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Damien Hirst: Jumping the Shark













It’s not easy to blend into the background at an exhibition of minimalist art, but Damien Hirst is somehow succeeding. On a rainy night back in January, a fashionable throng circulates through the chilly Gagosian Gallery in Manhattan, glancing at the walls—hung with an array of Hirst’s “spot” paintings, patterned with grids of colorful dots—while scanning the cavernous space for a glimpse of the artist. One guy waves around a book of the star’s work, showing off a just-bestowed autograph. When a security guard is asked where he last saw Hirst, he says: “Check the gift shop.”


It’s a suitable destination for an artist whose great subject is the commercialization of his own genius. Hirst once said that it “makes me feel alive” when people buy his spot-themed wallpaper. There’s some in the store, as well as a skateboard deck ($ 735), coffee mug ($ 28), and credit-card holder ($ 8). “I think becoming a brand name,” Hirst told the Independent in 2000, “is a really important part of life.”












35159  feature hirst48  01  inline202 Damien Hirst: Jumping the SharkPhotograph by Ray Tang/Rex USADamien Hirst


Now 47, Hirst persuaded buyers to pay dearly for his provocations: art made out of cigarette butts and vivisected animals, even a human skull cast in platinum and adorned with diamonds. His most famous piece, The Physical Impossibility of Death in the Mind of Someone Living—a tiger shark suspended in formaldehyde—sold to billionaire hedge fund manager Steve Cohen for a reported $ 12 million. During the 2000s, his work found particular favor with art investors who prized it as much for its appreciating value as its aesthetics.


Hirst’s work was in such demand, he relied on teams of assistants to produce it, working with varied product lines in the manner of a fashion designer. The runway items, like the shark, enhanced the value of the more mass-produced items, like the spot paintings. Hirst’s devotees credit him with clever, Warhol-esque subversion. But Andy Warhol never received more than $ 50,000 for a painting during his lifetime, while Hirst has profited handsomely from his artistic statements. London’s Sunday Times estimates his fortune at around $ 350 million, making him the richest artist in the world.


The January opening, billed as “The Complete Spot Paintings,” is the work of Larry Gagosian, Hirst’s powerful art dealer, who’s staging the exhibition simultaneously at his 11 galleries around the world. Hirst finally resurfaces at another of Gagosian’s New York locations. An impish man, he wears a black suit, an untucked shirt, and many skull rings, and is gamely posing for pictures with a swarm of admirers. An attractive young woman walks up, hands over her camera, and scurries toward Hirst. He grins and shouts, in his yobbish accent, “Who are these people?”


For all his celebrity, Hirst’s stock in the art market has experienced a stunning deflation. According to data compiled by the firm Artnet, Hirst works acquired during his commercial peak, between 2005 and 2008, have since resold at an average loss of 30 percent. And that probably understates the decline—judging from the dropoff in sales volume, collectors aren’t bringing their big-ticket Hirsts to market. A third of the more than 1,700 Hirst pieces offered at auctions since 2009 have failed to sell at all—they’ve been “burned,” in the terminology of the art world. “He has way underperformed,” says Michael Moses, a retired New York University business professor who maintains a financial index for art. “He has lots and lots of negative returns.”


Hirst’s crash is all the more perplexing because it comes at a time when the contemporary art market has sharply rebounded, with auctions pulling in proceeds that rival the giddiest pre-recession highs. And it has continued through what would appear to be a year of accomplishments for Hirst. Following the spot exhibition, there was a retrospective at the Tate Modern, which drew record crowds. For the London Olympics, Hirst designed a stadium floor that looked like one of his signature “spin” paintings—a woozy Union Jack.


Hirst declined interview requests, as did Gagosian. James Kelly, chief executive of Hirst’s private company Science Ltd., says his boss “has transcended all confines of the art world” and is unconcerned about the auction results. “Certain artworks that come to auction are being priced, one could say, more realistically at today’s values,” Kelly says. “However, the long-term view is that prices for Damien’s work will be strong.”


Hirst’s naysayers doubt that. They trace his fall to a $ 200 million auction staged in 2008, on the day Lehman Brothers collapsed. Hirst sold hundreds of works directly to bidders, defying the custom of restricting supply. “Hirst screwed with his market, and it came back to bite him,” says Michael Plummer, principal of the investment advisory firm Artvest Partners. “He broke the economic rules of the industry.”
 
 
In mid-November, Hirst’s current place in the market is on display at the New York showroom of Sotheby’s (BID), which is holding its biannual evening auction of contemporary art. The centerpiece, a monumental Rothko, is surrounded by paintings from Jackson Pollock, Warhol, and other modern masters. “Here’s the real man of the moment,” Dan Abernethy, a Sotheby’s spokesman, says, gliding toward an opalescent abstract by the German painter Gerhard Richter. In October, Eric Clapton sold a similar Richter for $ 34 million at auction, a record for a living artist.


35159  feature hirst48  03  inline405 Damien Hirst: Jumping the SharkPhotograph by Stephanie Keith/PolarisHirst’s “Sanctimony” (round painting) behind Nara’s fiberglass dog, at Sotheby’s


In a rear corner, behind an enormous fiberglass dog by Yoshitomo Nara, is Hirst’s lone entry in the auction. It’s a work called Sanctimony, part of his series of “butterfly” paintings, made by covering a canvas with household paint and affixing hundreds of wings. The effect is morbidly beautiful: The torn wings in blue, yellow, and monarch patterns play off against the turquoise background in kaleidoscopic fashion, evoking the rose window of a cathedral. To fully take in the painting, I try to back up, but bump into the rear end of Nara’s dog statue.


Hirst has little direct financial stake in the price of Sanctimony. There’s a difference between works that artists sell themselves, into the “primary market,” and the secondary trade among collectors, where the real gains happen. Nonetheless, artists care about secondary market prices, because they serve as a signal of broader importance. History offers many examples of artists who were elevated and later discarded by fickle collectors. In the 1980s there was Julian Schnabel, who cut a brash swath through the New York scene, making paintings out of broken plates and comparing himself to Picasso. His bubble burst during the 1990s recession. Today, Schnabel’s prices rarely exceed $ 500,000, and he’s known mostly as a filmmaker.


It’s too soon to say if Hirst is on a similar path. Critics have long been divided over the merits of his work, but even his detractors acknowledge that it defined an era. A product of working-class Leeds, Hirst made his name when he was still a student, as curator of a landmark show of work by a group known as the “Young British Artists.” He went on to create some of the most identifiable images of the last two decades, building a tabloid reputation for boozy antics.


“Great artists, they always go up to a peak, and then they go down to a very low low,” says collector Alberto Mugrabi. “I feel that Damien is one of the most influential artists of our time.” Hirst may care little about critics, but he knows collectors have great power. Advertising executive Charles Saatchi was an early patron, and in recent years, Mugrabi and his family have played a crucial supporting role. Mugrabi isn’t merely an art lover; he’s called his family “market makers.” His father, Jose, who made a fortune in the Colombian garment business, started collecting Warhols soon after the artist’s death, when his most expensive work commanded six figures. He continued buying them on the cheap through the downturn of the 1990s, and the Mugrabis now own the largest Warhol trove in private hands. They’ve followed a similar strategy with Hirst, amassing more than 100 pieces.


“Collectors have to learn to buy art with their eyes,” Mugrabi says, “not their ears.” An olive-skinned international bon vivant, he’s sitting in his Park Avenue office—a Warhol Blue Jackie sits propped against the wall behind his desk—and showing off a desktop picture on his computer screen: four Hirst sharks, suspended in adjoining tanks. “What’s more amazing than that?” he asks.


When asked what the piece is called, Mugrabi shuffles some papers, racks his brain, but the name won’t come to him. Finally, he yells to his secretary in an adjoining room: “Liz, what’s the name of the shark?”


Theology, Philosophy, Medicine, Justice,” she shouts back.


You can hardly blame Mugrabi for letting it slip his mind. Since he acquired the piece in 2008, he’s rarely seen it. While his family keeps a few pieces around the office—one of the artist’s glass medicine cabinets, a bull’s heart impaled on a knife and encased in a transparent box—most of their Hirsts are stored in warehouses in Newark, N.J., and Switzerland, where the animals are removed from their tanks and refrigerated. Another installation includes 30 sheep, two sides of beef, a string of sausages, an umbrella, and a dead white dove. “Just to install a piece is a lot of money,” Mugrabi says.


Ultimately, Mugrabi is investing to make a profit. He’s trying to sell the shark, for instance, and says he has a good offer. But he’s in a tough spot: Like any major art collector, he has to protect the value of his holdings. That means he must prop up Hirst by paying—perhaps overpaying—at auction. Mugrabi says he thinks the acquisition strategy will pay off, as his father’s Warhol investment did. He brings up recently deceased art critic Robert Hughes, who once interviewed him and called Hirst’s art “a cruddy game for the self-aggrandizement of the rich and the ignorant.”


“In another year, nobody will talk about this man anymore,” Mugrabi says of Hughes. “In 2,000 years, Hirst will still be in people’s vocabulary.”


Mugrabi pulls up the auction listing for Sanctimony on the Sotheby’s website. “This painting at the height of the market would have been $ 3.5 or $ 4 million,” he says. Sotheby’s estimates it will sell for $ 1.2 million to $ 1.8 million—a tempting price. “People are very funny, because they like buying things when they’re expensive,” Mugrabi says. “They don’t like buying things when they’re inexpensive. All of a sudden, they can buy the art for the same price as it was 15 years ago, but now they don’t want to do it.”
 
 
Pricing fine art might seem like a preoccupation of the wealthy few, but it’s of interest to economists, who see it as a way to test fundamental questions about value. As Mugrabi points out, the market behaves in unusual ways: Demand for an artist’s work tends to rise as prices do, because the more expensive it becomes, the more status it confers. And while value is usually a function of scarcity, the opposite can be true for artists—some great ones, like Warhol and Picasso, left behind a prolific body of work. The most unpredictable thing about art’s valuation, though, is that it’s entirely in the eye of the beholder.


Frank Dunphy, a jovial white-haired Irishman who recently retired as Hirst’s business manager, used to advise him that “an artwork is only worth what the next guy is going to pay for it.” They met in the mid-1990s, during what he calls Hirst’s “rock-and-roll years,” when Hirst was winning acclaim and chafing at his subservience to dealers and collectors. “The galleries were saying: ‘We sell the art, you make it. Don’t get involved,’ ” Hirst said in a 1995 Observer interview. “I was saying, ‘I want to know who you are selling it to and how much for.’ ”


Dunphy had no background in art; past clients of his accounting practice included dwarf actors, circus jugglers, and a burlesque performer named Peaches Page. “It’s all showbiz,” he used to tell Hirst. As a star of the art world, Hirst was in a position to dictate his own terms. Dunphy played his London dealer, Jay Jopling, against Gagosian, whose empire was rising in New York. Instead of the customary arrangement, in which a dealer judiciously picks pieces from an artist’s studio, sells them, and takes half the proceeds, Dunphy allotted inventory as he chose, maintained control over prices and discounts, and knocked the dealer’s cut down to as little as 10 percent.


The dealers were willing to accept a smaller share because Hirst was a hot property. When a lamb pickled in formaldehyde sold for £25,000 in the 1990s, the Sun tabloid reported the news under the headline: “BAA-RMY!” A decade later, a similar piece went for $ 3.4 million at Christie’s. In 1995, the New York Times reported that Hirst’s spot paintings were selling for around $ 11,000; six years later, the most expensive were around $ 200,000; at the market’s peak, two topped $ 3 million at auction. “It’s from the marketplace that you want approval,” Dunphy says. “That’s always what you’re looking for in the end: Are people buying the work?”


Hirst made no apologies for delegating the actual work to young hourly-paid assistants. Warhol may have made his famous silk screens in a loft studio he called the Factory, but Hirst owns an actual factory: a 97,000-square-foot converted plastics plant in the English town of Stroud. His company employs hundreds, including metalworkers, taxidermists, and other specialists. “People forget that, you know, factories don’t only make dog food,” Hirst said in a video produced to promote the spot paintings exhibition. “They make Ferraris as well.”


35159  feature hirst48  02  inline405 Damien Hirst: Jumping the SharkPhotograph by Les Wilson/Mail on Sunday/Solo SyndicationHirst’s factory in Stroud, England


Hirst was dissatisfied with the art world’s distribution of wealth. Why should collectors like Saatchi and Mugrabi take all the profits? In secret, Hirst and Dunphy made preparations for an unprecedented sale, sending the factory into high production. Their 2008 auction, at Sotheby’s in London, was like nothing the art world had ever seen—some compared it to an initial public offering. The 223 lots ranged from relatively affordable ink drawings to the show stopper, a golden calf. They called the event “Beautiful Inside My Head Forever.”


Hirst’s dealers were uneasy—Gagosian pointedly declined to attend—and warned of dilution. The day the event began, Sept. 15, 2008, Hirst and Dunphy heard the news from America about Lehman. “It could have been awful for all of us,” Dunphy says. But following the proceedings from a private room at Sotheby’s and relaying news to Hirst, who was playing snooker at a bar, Dunphy watched lot after lot sell over its estimated price, driven higher by bidders such as fashion designer Miuccia Prada, Russian oligarchs, and many first-time buyers. The golden calf went for $ 18.6 million to an anonymous bidder, rumored to be a member of the royal family of Qatar.


The final tally, $ 200 million, far exceeded expectations. “That, I always thought, was a work of art in itself,” Dunphy says. “It’s going to be in art history forever, isn’t it?”
 
 
“That’s not an artistic achievement,” Michael Findlay says. “It’s a financial achievement.” One day in October, Findlay, a veteran art dealer, is in his office at the Acquavella Galleries, explaining what he sees as the debasement of today’s art market. Earlier this year, he published a book entitled The Value of Art. In this cri de coeur, he cites Hirst as a prime beneficiary of a movement that assesses art according to financial metrics rather than deeper measures of value. “In fifty years time,” he writes, “will a shark preserved in formaldehyde look dated or profound?”


Many in the art world expected, almost hoped, that the 2008 crash would be a cleansing catastrophe, but the materialistic trend has only accelerated. Instead of remaining depressed for years, as in the early 1990s, the market has recovered robustly. Economists say that rising income inequality is good for art values; for the super-rich, investing in a masterpiece can be a hedge against inflation and financial instability. “As we know,” says James Kelly, Dunphy’s successor, “there are more and more millionaires created every day, and more and more billionaires created every day.”


By the calculations of Moses, the retired NYU professor, contemporary art has returned 12.6 percent a year on average during the 2000s, far outpacing the Standard & Poor’s 500-stock index. A cottage industry of art market analysis has emerged to fulfill the quantitative demands of investors. In March, for instance, Citibank (C) put out a report that identified Richter as “the next great market force,” comparing his returns favorably to those of Picasso, Warhol, and de Kooning.


Not everyone in the art world thinks such assessments are reliable. Private galleries often don’t report their sales; collectors and dealers can manipulate auction results. The art market is very illiquid—you can’t buy a share of Hirst, you have to buy the whole shark—and only a tiny percentage of asset-quality art changes hands in a given year. Therefore, just a few transactions can produce big swings in an individual artist’s valuation.


“Clearly, there are many other investment strategies without all this pain,” says Sergey Skaterschikov, a Russian investor and business strategist. Skaterschikov has probably taken the quantification of art further than any other analyst, while frankly acknowledging the risks of the market. His firm, Skate’s Art Market Research, named Hirst its “Disappointment of the Year” in 2011. “I think what ruined his market is this commoditization,” Skaterschikov says. “He degraded his market, almost cannibalized it, by developing this mass production of well-recognized images.” While Skaterschikov says Hirst can make plenty of money catering to a broader audience, he suggests that his days of record-setting sales are over. “This is Louis Vuitton (LVMUY), this is not Gerhard Richter.”


Hirst’s handlers resist any suggestion that his brand has gone downscale. Kelly says that auction results are a “totally misleading” indicator and don’t reflect the (unverifiable) performance of his primary market. “Damien’s collector base is spread widely across the globe,” he says. “With new markets such as South America and Hong Kong becoming more important, we’re seeing sales to these markets being very strong.”


Kelly maintains that, perceptions notwithstanding, the 2008 auction was a wise move. “It brought a whole new audience to Damien’s work,” he says, noting that nearly 40 percent of its buyers were making their first contemporary art purchase.


“Did it affect his market? Absolutely,” says Mugrabi, a critic of the auction at the time. “But I’m not worried about Damien Hirst.”


Hirst walked away with a sizable share of the $ 200 million proceeds, though his actual take is unknown. He also insulated himself from the swings of the Hirst market: His own collection includes valuable works by Jeff Koons, Francis Bacon, and Warhol. At Dunphy’s urging, he diversified by buying property, including Toddington Manor, a 300-room estate in Gloucestershire. “It was perfect—he sold at the peak,” Skaterschikov says of the 2008 auction. “But it left a lot of his collectors with a sour taste.”


To take a few sad cases from Artnet: In 2009 a small statue entitled Trust, acquired for more than $ 450,000 two years before, sold for $ 150,000. In 2008 a spot painting entitled Dicaprin sold for $ 1.1 million at a charity auction organized by Hirst and the singer Bono, and after one unsuccessful attempt at resale, it was auctioned off in 2011 for $ 600,000. A butterfly painting, purchased for $ 1.5 million in 2008, lost more than a third of its value by the time it was resold last year. All of those losses are considerably larger once you account for auction fees. And the market for his most ambitious work has not so much corrected as evaporated. Only four Hirsts have auctioned for more than $ 1 million this year, and none above $ 2 million.


To test his methods, I ask Skaterschikov’s firm to analyze Sanctimony, the Hirst on sale at Sotheby’s in November. Its report estimates that when it was first acquired from a private dealer in 2007, the painting was worth around $ 2.7 million. The firm figures it’s worth around $ 1.7 million now—which is above Sotheby’s own estimate.


The market delivers its verdict a few days later on Nov. 14 at the auction house’s Upper East Side headquarters. The tuxedoed auctioneer Tobias Meyer takes the podium in Sotheby’s salesroom, which is packed with art world eminences. Some are recognizable—collectors Eli Broad and Peter Brant—and others are discreet, watching from curtained skyboxes. Meyer, famous for his good looks and deep German-accented voice, swivels back and forth, hair flopping, as he plies bidders with a stockpile of catchphrases: “Shall we try one more?” “Are you sure?” The Rothko sells for $ 75 million, the Pollock for $ 40 million, and the Richter for $ 17 million, pushing the overall take above $ 375 million, a Sotheby’s auction record.


By the time the auction gets to Sanctimony, the trophy items are gone and the room is half-empty. “Lot 64, the Damien,” Meyer says, staying on a first-name basis as always with Hirst. He opens at $ 850,000 and briskly gets to $ 1.1 million, from an anonymous bidder on the phone. “At one million one hundred thousand dollars, then, are we all done?” Meyer says, drawing out the number theatrically.


Clack! Down comes the hammer. It’s over in less than 30 seconds. After adding Sotheby’s fees, the painting ends up going for $ 1.3 million, about half its value at market’s peak. It’s a hefty discount, but at least someone is still willing to buy the Sanctimony.



Rice is a Bloomberg Businessweek contributor.


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