Five accused of rape in India appear in court for charges


NEW DELHI (Reuters) - Five men accused of the rape and murder of an Indian student appeared in court on Monday to hear charges against them after two of them offered evidence possibly in return for a lighter sentence in the case that has provoked widespread anger.


The five men, along with a teenager, are accused of raping the 23-year-old physiotherapy student after she boarded their bus on the way home from a movie in New Delhi on December 16. She died two weeks later in a Singapore hospital.


The attack on the student has ignited protests against the government and anger towards the police for their perceived failure to protect women. It has also provoked a rare national debate about rising violence against women.


A police guard said the men had their faces covered when they entered the courtroom, which had been closed to the public minutes earlier.


The five had already been charged with murder, rape and abduction along with other offences and the magistrate gave them copies of the charges, a prosecutor in the case told Reuters.


The court has yet to assign them defense lawyers or legal aid, said public prosecutor Rajiv Mohan. Most lawyers are unwilling to defend them because of the brutality of the crime.


Reuters video images showed the men stepping out of a blue police van that brought them from Tihar jail, and walking through a metal detector into the South Delhi court, across the street from the cinema where the victim watched a film before boarding the bus with a male friend on December 16.


Following shouting and angry scenes in the packed court, the magistrate, Namrita Aggarwal, closed the hearing to the media and the public. The court was cleared and police were posted at its doors before the accused were brought in.


"Keeping in view the sensitivity of this case that has risen, the proceedings including the inquiry and trial are to be held in camera," Aggarwal said, before ordering people not connected with the case out of the courtroom.


Aggarwal said the next hearing would be on January 10. She did not say when the case would go to trial in a separate, fast-track court, set up after the attack on the woman.


Two of the accused, Vinay Sharma and Pawan Gupta, moved an application on Saturday requesting they be made "approvers", or informers, against the other accused, Mukesh Kumar, Ram Singh and Akshay Thakura, prosecutor Mohan said.


Mohan said he was seeking the death sentence given the "heinous" crime.


"The five accused persons deserve not less than the death penalty," he said, echoing public sentiment and calls from the victim's family.


Most members of the bar association in Saket district, where the case is being heard, have vowed not to represent the accused.


GROUNDS FOR APPEAL?


But on Monday, lawyers Manohar Lal Sharma and V. K. Anand stood up to offer representation to the men. They were heckled by other lawyers who said the accused did not deserve representation.


"We are living in a modern society. We all are educated. Every accused, including those in brutal offences like this, has the legal right to represent his or her case to defend themselves," Lal Sharma said.


The court asked Anand to get the approval of the accused to represent them. If the men, most of them from a slum neighborhood, cannot arrange their own lawyers, the court will offer them legal aid before the trial begins.


Police have conducted extensive interrogations and say they have recorded confessions, even though the five have no lawyers.


Legal experts say their lack of representation could give grounds for appeal should they be found guilty. Similar cases have resulted in acquittals years after convictions.


Last week, chief justice Altamas Kabir inaugurated six fast-track courts to help reduce a backlog of sex crime cases in Delhi.


But some legal experts have warned that previous attempts to fast-track justice in India in some cases led to imperfect convictions that were later challenged.


The sixth member of the gang that lured the student and a male friend into the private bus is under 18 and will be tried in a separate juvenile court.


The government is aiming to lower the age teenagers can be tried as an adult, given widespread public anger that the boy will face a maximum three-year sentence.


The victim, who died on December 29 in hospital in Singapore, where she had been taken for treatment, was identified by a British newspaper on the weekend but Reuters has opted not to name her.


Indian law generally prohibits the identification of victims of sex crimes. The law is intended to protect victims' privacy and keep them from the media glare in a country where the social stigma associated with rape can be devastating.


But her father repeated on Monday his wish that she be identified and said he would be happy to release a photograph of her.


"We don't want to hide her identity, there is no reason for that. The only condition is it should not be misused," he told Reuters.


He said he was confident the trial would be quick and reiterated a call that those responsible be hanged.


(Writing by Frank Jack Daniel; Editing by Robert Birsel)



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"Cliff" concerns give way to earnings focus

NEW YORK (Reuters) - Investors' "fiscal cliff" worries are likely to give way to more fundamental concerns, like earnings, as fourth-quarter reports get under way next week.


Financial results, which begin after the market closes on Tuesday with aluminum company Alcoa , are expected to be only slightly better than the third-quarter's lackluster results. As a warning sign, analyst current estimates are down sharply from what they were in October.


That could set stocks up for more volatility following a week of sharp gains that put the Standard & Poor's 500 index <.spx> on Friday at the highest close since December 31, 2007. The index also registered its biggest weekly percentage gain in more than a year.


Based on a Reuters analysis, Europe ranks among the chief concerns cited by companies that warned on fourth-quarter results. Uncertainty about the region and its weak economic outlook were cited by more than half of the 25 largest S&P 500 companies that issued warnings.


In the most recent earnings conference calls, macroeconomic worries were cited by 10 companies while the U.S. "fiscal cliff" was cited by at least nine as reasons for their earnings warnings.


"The number of things that could go wrong isn't so high, but the magnitude of how wrong they could go is what's worrisome," said Kurt Winters, senior portfolio manager for Whitebox Mutual Funds in Minneapolis.


Negative-to-positive guidance by S&P 500 companies for the fourth quarter was 3.6 to 1, the second worst since the third quarter of 2001, according to Thomson Reuters data.


U.S. lawmakers narrowly averted the "fiscal cliff" by coming to a last-minute agreement on a bill to avoid steep tax hikes this weeks -- driving the rally in stocks -- but the battle over further spending cuts is expected to resume in two months.


Investors also have seen a revival of worries about Europe's sovereign debt problems, with Moody's in November downgrading France's credit rating and debt crises looming for Spain and other countries.


"You have a recession in Europe as a base case. Europe is still the biggest trading partner with a lot of U.S. companies, and it's still a big chunk of global capital spending," said Adam Parker, chief U.S. equity strategist at Morgan Stanley in New York.


Among companies citing worries about Europe was eBay , whose chief financial officer, Bob Swan, spoke of "macro pressures from Europe" in the company's October earnings conference call.


REVENUE WORRIES


One of the biggest worries voiced about earnings has been whether companies will be able to continue to boost profit growth despite relatively weak revenue growth.


S&P 500 revenue fell 0.8 percent in the third quarter for the first decline since the third quarter of 2009, Thomson Reuters data showed. Earnings growth for the quarter was a paltry 0.1 percent after briefly dipping into negative territory.


On top of that, just 40 percent of S&P 500 companies beat revenue expectations in the third quarter, while 64.2 percent beat earnings estimates, the Thomson Reuters data showed.


For the fourth quarter, estimates are slightly better but are well off estimates for the quarter from just a few months earlier. S&P 500 earnings are expected to have risen 2.8 percent while revenue is expected to have gone up 1.9 percent.


Back in October, earnings growth for the fourth quarter was forecast up 9.9 percent.


In spite of the cautious outlooks, some analysts still see a good chance for earnings beats this reporting period.


"The thinking is you need top line growth for earnings to continue to expand, and we've seen the market defy that," said Mike Jackson, founder of Denver-based investment firm T3 Equity Labs.


Based on his analysis, energy, industrials and consumer discretionary are the S&P sectors most likely to beat earnings expectations in the upcoming season, while consumer staples, materials and utilities are the least likely to beat, Jackson said.


Sounding a positive note on Friday, drugmaker Eli Lilly and Co said it expects profit in 2013 to increase by more than Wall Street had been forecasting, primarily due to cost controls and improved productivity.


(Reporting By Caroline Valetkevitch; Editing by Kenneth Barry)



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NHL, union reach tentative agreement


NEW YORK (AP) — Hockey is back, and it took nearly four months and one long night to get the game back on the ice.


With the season on the line, the NHL and the players' association agreed on a tentative pact to end a 113-day lockout and save what was left of a fractured schedule.


Commissioner Gary Bettman and union executive director Donald Fehr ceased being adversaries and announced the deal while standing side by side near a wall toward the back of the negotiating room and showing a tinge of weariness.


"I want to thank Don Fehr," Bettman said. "We went through a tough period, but it's good to be at this point."


A marathon negotiating session that lasted more than 16 hours, stretching from Saturday afternoon until just before dawn Sunday, produced a 10-year deal.


"We've got to dot a lot of Is and cross a lot of Ts," Bettman said. "There's still a lot of work to be done, but the basic details of the agreement have been agreed upon."


Even players who turned into negotiators showed the strain of the long, difficult process.


"It was a battle," said Winnipeg Jets defenseman Ron Hainsey, a key member of the union's bargaining team. "Gary said a month ago it was a tough negotiation. That's what it was.


"Players obviously would rather not have been here, but our focus now is to give the fans whatever it is — 48 games, 50 games — the most exciting season we can. The mood has been nervous for a while. You want to be playing. You want to be done with this."


The collective bargaining agreement must be ratified by a majority of the league's 30 owners and the union's membership of approximately 740 players.


"Hopefully within a very few days the fans can get back to watching people who are skating, not the two of us," Fehr said.


All schedule issues, including the length of the season, still need to be worked out. The NHL has models for 50- and 48-game seasons.


The original estimate was regular-season games could begin about eight days after a deal was reached. It is believed that all games will be played within the two respective conferences, but that also hasn't been decided.


The players have been locked out since Sept. 16, the day after the previous agreement expired. That deal came after an extended lockout that wiped out the entire 2004-05 season.


"Any process like this is difficult. It can be long," Fehr said.


Time was clearly a factor, with the sides facing a deadline of Thursday or Friday to reach a deal that would allow for a 48-game season to start a week later. Bettman had said the league could not allow a season of fewer than 48 games per team.


All games through Jan. 14, along with the All-Star game and the New Year's Day Winter Classic had already been canceled, claiming more than 50 percent of the original schedule.


Without an agreement, the NHL faced the embarrassment of losing two seasons due to a labor dispute, something that has never happened in another North American sports league. The 2004-05 season was lost while the sides negotiated hockey's first salary cap.


Under the new CBA, free-agent contracts will have a maximum length of seven years, but clubs can go to eight years to re-sign their own players. Each side can opt out of the deal after eight years.


The pension plan was "the centerpiece of the deal for the players," Hainsey said.


The actual language of the pension plan still has to be written, but Hainsey added there is nothing substantial that needs to be fixed.


The players' share of hockey-related income, a total that reached a record $3.3 billion last season, will drop from 57 percent to a 50-50 split. The salary cap for the upcoming season will be $70.2 million and will then go down to $64.3 million in the 2013-14 season.


All clubs must have a minimum payroll of $44 million.


The league had wanted next season's cap to fall to $60 million, but agreed to an upper limit of $64.3 — the same amount as last season.


Inside individual player contracts, the salary can't vary more than 35 percent year to year, and the final year can't be more than 50 percent of the highest year.


A decision on whether NHL players will participate in the 2014 Olympics will be made apart from the CBA. While it is expected that players will take part, the IOC and the International Ice Hockey Federation will have discussions with the league and the union before the matter is settled.


After the sides stayed mostly apart for two days, following late-night talks that turned sour, federal mediator Scot Beckenbaugh worked virtually around the clock to get everyone back to the bargaining table.


This time it worked — early on the 113th day of the work stoppage.


George Cohen, the Federal Mediation and Conciliation Service director, called the deal "the successful culmination of a long and difficult road."


"Of course, the agreement will pave the way for the professional players to return to the ice and for the owners to resume their business operations," he said in a statement. "But the good news extends beyond the parties directly involved; fans throughout North America will have the opportunity to return to a favorite pastime and thousands of working men and women and small businesses will no longer be deprived of their livelihoods."


Before the sides ever came to an understanding regarding a 50-50 split of hockey-related revenues, the NHL first tried to cut the players' share from 57 percent to 46 percent.


A series of talks in the first couple of weeks of September don't bring the sides any closer, and the board of governors gave Bettman the authority to lock out the players at midnight on Sept. 15.


There was optimism about an end for the lockout when the sides held talks in New York on Dec. 5-6. The roller coaster took the participants and the fans on an up-and-down thrill ride that ended in major disappointment.


Fehr painted a picture that the sides were close to a deal, and Bettman chastised him for getting people's hopes up. Negotiations broke off, and the NHL announced it was pulling all offers off the table.


It wasn't until Beckenbaugh's determined effort in the final two days of the prolonged negotiations that the sides finally found common ground.


"We were making progress continually and to make a deal you have to continue to make progress until it's over," Hainsey said. "That finally happened today."


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Here, Bella! Top Pet Names for 2012






Move over, Rover, there’s a new top dog in town, and her name is Bella. For 2012, the “Twilight Saga”-inspired moniker was the most popular for dogs and second-most popular for cats, according to a survey by one veterinary organization. For dogs, Max took second place.


The survey gathered names of 2.5 million dogs and cats at the Banfield Pet Hospital, a veterinary network in Portland, Ore.






The top names resemble those from years past, said Laura Wattenberg, a baby-name expert and the creator of babynamewizard.com


“Max in particular has been the top name for male dogs for a number of years now,” Wattenberg told LiveScience. 


Cuddly fur babies


In general, pets have been given much more humanlike names over the past generation, Wattenberg said. That reflects a change in society, in which owners see their fur babies more as family members than animals, she said. [What Your Dog's Breed Says About You]


The names people choose for their pets also reflect a sweet, nostalgic innocence.


“There’s a particular slice of human names that have risen for baby names as well, but they’re particularly popular for pets. That’s the cute, cuddly names of the early 20th century.”


These names, such as Max and Lucy, tend to crop up frequently as heroes or heroines in kids’ picture books, Wattenberg said. For instance, the hero in “Where the Wild Things Are” was named Max. These names may reflect how people see their pets.


“They’re like children who never have to grow up,” she said.


Old and new


Pop-culture trends also influenced the popularity of pet names found in the survey. Aside from the top-ranked Bella, Katniss also saw wide use, becoming 18 times more popular for dogs and 14 times more popular for cats, compared with 2011, following the release of the “Hunger Games” in March.  Reality TV stars also got their due, with Honey Boo Boo (a 6-year-old beauty pageant star of “Here Comes Honey Boo Boo“) and Purrfect (the name of Cee Lo Green’s cat on “The Voice”) rising in the ranks.


Still, for dog and cat names alike, familiar can still win out over hip. Perennial favorites like Max and Buddy took the second and third slots for dogs, while the perhaps unimaginative Kitty was the most popular name for cats.


Cats vs. dogs


Interestingly, more humanlike names, such as Charlie or Lucy, were popular for dogs, while unisex monikers like Smokey, Shadow and Tigger describing physical traits like color ranked high for felines in 2012.


That may reflect how much people project a human role onto their pets. For instance, one study showed that animals kept in the house are more likely to get human names, Wattenberg said.


“You could infer from this that people feel a little bit more attached or feel like they have a more personal relationship with their dogs,” she said. “Obviously cat lovers will howl at that, but that’s what the names say.”


In general, pet names overlapped very little with baby names. While the trend toward nostalgic, 20th century names carried over from baby naming trends, formal names ruled for human tots. But cuddly, affectionate nicknames took precedence for pets. From the list of pet names, only Chloe made the list of most popular girl names in 2011.


For instance, pet names like Coco or Rocky are more intensely retro than Ava or Jacob (which are more likely to be given to babies). That suggests, as a society, “we’re more willing to push the style to the extreme with pets and maybe even live out the naming fantasies that we wouldn’t quite be able to give to our children,” Wattenberg said.


Here are the top ten names for dogs and cats in order of more to less popular:


Top Dog Names:


  1. Bella

  2. Max

  3. Buddy

  4. Daisy

  5. Bailey

  6. Coco

  7. Lucy

  8. Charlie

  9. Molly

  10. Rocky

Top Cat Names:


  1. Kitty

  2. Bella

  3. Tiger

  4. Max

  5. Smokey

  6. Shadow

  7. Tigger

  8. Lucy

  9. Chloe

  10. Charlie

Follow LiveScience on Twitter @livescience. We’re also on Facebook & Google+


Copyright 2013 LiveScience, a TechMediaNetwork company. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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Deal reached to end NHL lockout, season could begin Jan. 19




















The NHL and the players association have reached a tentative agreement to end the lockout.




















































The NHL and players association reached an agreement on the framework of a new collective bargaining agreement early Sunday morning, ending the lockout that began Sept. 15.


"I'm really happy this is over," Chicago Blackhawks captain Jonathan Toews said via text. "A lot of credit goes to the players who were in the bargaining sessions and worked very hard to get a deal done."


After a marathon session in New York, league commissioner Gary Bettman and NHLPA Executive Director Donald Fehr announced the deal around 4 a.m. Central.








"We have to dot a lof of the I's and cross a lot of T's," Bettman told reporters in New York. "There is still a lot of work to be done, but the basic framework has been agreed upon."


There will be a ratification process and the league Board of Governors and player will have to officially approve the new CBA, which reportedly will run 10 years.


"Any process like this in the system we have is difficult," Fehr told reporters. "We have the framework of a deal. We have to do the legal work ... and we'll get back to what we used to call business as usual just as fast as we can."


The final push during talks which lasted 16 hours was led by a federal mediator that helped the sides bridge the final gap on several key issues, including contract terms, salary cap and pensions. The union will hold a conference call with players Sunday afternoon to update them on the terms of the deal.


Details on when the season will begin and how many games each team will play haven't been announced, but it is possible a 48-50-game schedule could begin Jan. 19 or even a few days sooner.


ckuc@tribune.com


Twitter @ChrisKuc






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Assad "peace plan" greeted with scorn by enemies


BEIRUT (Reuters) - A defiant President Bashar al-Assad presented what he described as a new initiative on Sunday to end the war in Syria but his opponents dismissed it as a ploy to cling to power.


Appearing before cheering supporters who packed the Damascus Opera House, it was his first such speech since June and first public appearance of any kind since a television interview in November.


He called for national mobilization in a "war to defend the nation", describing rebels fighting him as terrorists and foreign agents with whom it was impossible to negotiate.


His new initiative, including a reconciliation conference that would exclude "those who have betrayed Syria", contained no concessions and appeared to recycle proposals that opponents have rejected since the uprising began nearly two years ago.


The opposition National Coalition said the speech was an attempt to thwart an international agreement, backed by Western and Arab powers, that he must stand down.


British Foreign Secretary William Hague said "empty promises of reform fool no one". In a Twitter message, he added: "Death, violence and oppression engulfing Syria are of his own making."


EU foreign affairs chief Catherine Ashton said Brussels would "look carefully if there is anything new in the speech, but we maintain our position that Assad has to step aside and allow for a political transition".


Assad spoke confidently for about an hour before a crowd of cheering loyalists, who occasionally interrupted him to shout and applaud, at one point raising their fists and chanting: "With blood and soul we sacrifice for you, Oh Bashar!"


At the end of the speech, supporters rushed to the stage, mobbing him and shouting: "God, Syria and Bashar is enough!" as a smiling Assad waved and was escorted from the hall.


"We are now in a state of war in every sense of the word," Assad said in the speech, broadcast on Syrian state television. "This war targets Syria using a handful of Syrians and many foreigners. Thus, this is a war to defend the nation."


Saying that "suffering is overwhelming" the land, he added: "The nation is for all and we all must protect it."


Independent media are largely barred from Damascus.


DEATHS


The United Nations says 60,000 people have been killed in the civil war in Syria. Fighting has arrived at the edge of the capital in what has become the longest and bloodiest of the conflicts to emerge from two years of revolts in Arab states.


The past six months have seen rebels advance dramatically. They now control much of the north and east of the country, a crescent of suburbs on the outskirts of the capital and the main border crossings with Turkey.


But Assad's forces are still firmly in control of most of the densely populated southwest, the main north-south highway and the Mediterranean coast. The army also holds military bases throughout the country from which its helicopters and jets can strike rebel-held areas with impunity, making it impossible for the insurgents to consolidate their grip on territory they hold.


The rebels are drawn mainly from the Sunni Muslim majority, while Assad, a member of the Alawite sect related to Shi'ite Islam, is supported by some members of religious minorities who fear retribution if he falls. He has backing from Shi'ite Iran while most Arab and Western powers sympathies with the rebels.


Assad, a 47-year-old eye doctor, succeeded his late father, Hafez, in 2000. The family has ruled Syria since the elder Assad led a military coup 42 years ago.


Assad's speech seemed ostensibly aimed at showing Syrians, and perhaps diplomats, that he is open to change.


But the plan could hardly have been better designed to ensure its rejection by the opposition. Among its proposals: rebels would first be expected to halt their operations before the army would cease fire, a certain non-starter.


NO DIALOGUE


Assad repeatedly described parts of the opposition as agents of foreign powers who could not be included in any negotiations: "We will not have dialogue with a puppet made by the West," he said to an outburst of applause.


The opposition has consistently said it will not cease fire until the army does, and will not negotiate any transitional government unless Assad is excluded.


Assad also repeatedly emphasized rebel links to al Qaeda and Islamist radicals. Washington, which supports the opposition, has also labeled one of the main rebel groups terrorists and says it is linked to the network founded by Osama bin Laden.


Diplomacy has been largely irrelevant so far in the conflict, with the United States, European powers, Arab states and Turkey all demanding Assad leave power, while Russia and Iran refuse to exclude him from talks on a future government.


U.N. mediator Lakhdar Brahimi has been trying to bridge the gap, meeting senior U.S. and Russian officials to discuss a peace proposal that does not explicitly mention Assad's fate.


National Coalition spokesman Walid Bunni told Reuters that Assad's speech was timed to try and prevent a breakthrough from those talks by taking a position intended to thwart compromise:


"The talk by Brahimi and others that there could be a type of political solution being worked out has prompted him to come out and tell the others 'I won't accept a solution'," Bunni said, adding that Assad feared any deal would mean his downfall.


"He is sensing the danger that any initiative would entail."


Giving the speech in the opera house, in a part of central Damascus that has been hit by rebel attacks, could itself be seen as a show of strength for a leader whose public appearances have grown rarer as the rebellion has gathered force.


He spoke before a giant flag, constructed of portraits of what state television described as victims of the conflict.


"We meet today, and suffering is overwhelming the land of Syria. There is no place for joy while security and stability are absent on the streets of our country," he said.


"But from the womb of pain, hope must be born."


(Additional reporting by Suleiman al-Khalidi in Amman and Tim Castle in London; Writing by Peter Graff; Editing by Alastair Macdonald)



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"Cliff" concerns give way to earnings focus

NEW YORK (Reuters) - Investors' "fiscal cliff" worries are likely to give way to more fundamental concerns, like earnings, as fourth-quarter reports get under way next week.


Financial results, which begin after the market closes on Tuesday with aluminum company Alcoa , are expected to be only slightly better than the third-quarter's lackluster results. As a warning sign, analyst current estimates are down sharply from what they were in October.


That could set stocks up for more volatility following a week of sharp gains that put the Standard & Poor's 500 index <.spx> on Friday at the highest close since December 31, 2007. The index also registered its biggest weekly percentage gain in more than a year.


Based on a Reuters analysis, Europe ranks among the chief concerns cited by companies that warned on fourth-quarter results. Uncertainty about the region and its weak economic outlook were cited by more than half of the 25 largest S&P 500 companies that issued warnings.


In the most recent earnings conference calls, macroeconomic worries were cited by 10 companies while the U.S. "fiscal cliff" was cited by at least nine as reasons for their earnings warnings.


"The number of things that could go wrong isn't so high, but the magnitude of how wrong they could go is what's worrisome," said Kurt Winters, senior portfolio manager for Whitebox Mutual Funds in Minneapolis.


Negative-to-positive guidance by S&P 500 companies for the fourth quarter was 3.6 to 1, the second worst since the third quarter of 2001, according to Thomson Reuters data.


U.S. lawmakers narrowly averted the "fiscal cliff" by coming to a last-minute agreement on a bill to avoid steep tax hikes this weeks -- driving the rally in stocks -- but the battle over further spending cuts is expected to resume in two months.


Investors also have seen a revival of worries about Europe's sovereign debt problems, with Moody's in November downgrading France's credit rating and debt crises looming for Spain and other countries.


"You have a recession in Europe as a base case. Europe is still the biggest trading partner with a lot of U.S. companies, and it's still a big chunk of global capital spending," said Adam Parker, chief U.S. equity strategist at Morgan Stanley in New York.


Among companies citing worries about Europe was eBay , whose chief financial officer, Bob Swan, spoke of "macro pressures from Europe" in the company's October earnings conference call.


REVENUE WORRIES


One of the biggest worries voiced about earnings has been whether companies will be able to continue to boost profit growth despite relatively weak revenue growth.


S&P 500 revenue fell 0.8 percent in the third quarter for the first decline since the third quarter of 2009, Thomson Reuters data showed. Earnings growth for the quarter was a paltry 0.1 percent after briefly dipping into negative territory.


On top of that, just 40 percent of S&P 500 companies beat revenue expectations in the third quarter, while 64.2 percent beat earnings estimates, the Thomson Reuters data showed.


For the fourth quarter, estimates are slightly better but are well off estimates for the quarter from just a few months earlier. S&P 500 earnings are expected to have risen 2.8 percent while revenue is expected to have gone up 1.9 percent.


Back in October, earnings growth for the fourth quarter was forecast up 9.9 percent.


In spite of the cautious outlooks, some analysts still see a good chance for earnings beats this reporting period.


"The thinking is you need top line growth for earnings to continue to expand, and we've seen the market defy that," said Mike Jackson, founder of Denver-based investment firm T3 Equity Labs.


Based on his analysis, energy, industrials and consumer discretionary are the S&P sectors most likely to beat earnings expectations in the upcoming season, while consumer staples, materials and utilities are the least likely to beat, Jackson said.


Sounding a positive note on Friday, drugmaker Eli Lilly and Co said it expects profit in 2013 to increase by more than Wall Street had been forecasting, primarily due to cost controls and improved productivity.


(Reporting By Caroline Valetkevitch; Editing by Kenneth Barry)



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Manziel leads A&M to Cotton Bowl rout of Sooners


ARLINGTON, Texas (AP) — At one point early in the Cotton Bowl, with "Johnny B. Goode" blaring through the stadium speakers, Heisman Trophy winner Johnny Manziel peeked up at the accompanying highlights on the huge video board hanging over the field.


Texas A&M's exciting dual-threat quarterback known as Johnny Football sure puts on a show worth watching.


"Best player I've ever played. He does so many good things. He's got magic," Oklahoma defensive coordinator Mike Stoops said. "He'll have a chance to win four (Heismans) if he stays healthy."


Manziel tiptoed down the sideline for a 23-yard TD on the game's opening drive and went on to an FBS bowl record for quarterbacks with 229 yards rushing on 17 carries. He also set a Cotton Bowl record with 516 total yards as the 10th-ranked Aggies beat No. 12 Oklahoma 41-13 on Friday night to wrap up their first SEC season.


With first-year coach Kevin Sumlin and their young star quarterback after leaving the Big 12 for the SEC, the Aggies (11-2) overwhelming won the only bowl game matching teams from those two power conferences. They won 11 games for the first time since 1998, their only Big 12 title season.


The Aggies never trailed while winning their last six games and became the first SEC team with more than 7,000 total yards — 7,261 after gaining 633 in the Cotton Bowl.


"It's huge for this program, and for me especially, with the kind of woes A&M has had over the past decade or however long it's been since they had 11 wins," Manziel said. "For us to get up tonight and watch them battle back, it's good when we strike first. That's what we like to do. It was good to do that and not really look back."


Texas A&M led by only a point at halftime, but scored on its first three drives of the second half — on drives of 91 and 89 yards before Manziel threw a short pass to Ryan Swope on fourth-and-5 that turned into a 33-yard TD and a 34-13 lead.


Oklahoma (10-3), which like the Aggies entered the game with a five-game winning streak, went three-and-out on its first three drives after halftime in what was quarterback Landry Jones' 50th and final career start.


"Feel just disappointed that he's going out this way, getting beat like that," Sooners center Gabe Ikard said.


Jones completed 35 of 48 passes for 278 yards with a touchdown and an interception. He won 39 games and three bowls for the Sooners, in a career that started on the same field in the 2009 season opener when he replaced injured Heisman winner Sam Bradford in the first college game at Cowboys Stadium.


But Jones missed out becoming only the third NCAA quarterback to go 4-0 as a starter in bowl games.


"It was obvious tonight that we didn't play the way we should have played," said Jones, whose frustration was evident when he yelled at a teammate after a failed fourth-down play. "We couldn't run it. We couldn't throw it. It happens, you know."


SEC teams have won the last five Cotton Bowls, all against Big 12 teams, and nine out of 10. That included Texas A&M's loss to LSU only two years ago.


It had been six weeks since the Aggies played their last game, and four weeks since Manziel became the first freshman to win college football's highest individual award.


Manziel got it started with an electrifying 24-yard run on third down on the opening drive. Then on a third-and-10, Manziel rolled to his left and took off, juked around a defender and got near the sideline. He tiptoed to stay in bounds and punctuated his 23-yard score with a high-step over the pylon for a quick lead.


Officials reviewed the play to make sure he did stay in bounds, and the replays showed clearly that he did.


"There is too much talk about how you perform after the Heisman and about the layoff and all of that," said Manziel, who set an SEC record with 4,600 total yards in the regular season. "There wasn't anything holding us back. No rust, there was no nothing. We played as a unit."


The chants of "S-E-C! S-E-C!" began after Swope's TD catch with 4 minutes left in the third quarter. They got louder and longer after that, and Manziel spread both his arms out and ran off the field like he was flying.


Oklahoma was in the Cotton Bowl for only the second time. It was the first bowl matchup between the former Big 12 rivals, but the 17th consecutive season they have played each other.


The Sooners had won 11 of 13 in the series since Bob Stoops became their coach. That included a 77-0 Oklahoma win in 2003 that was the most-lopsided loss in Texas A&M history.


Sumlin was the A&M offensive coordinator in 2002 when the Aggies upset the top-ranked Sooners. The next year, Sumlin was hired by Stoops as an assistant, and he stayed there five seasons before going to Houston as head coach and now the Aggies.


"I think tonight was really indicative of this season," Sumlin said. "It's one of the teams I thought in the country that truly got better every week."


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Secret to Fish’s Waterfall-Climbing Ability Found






A waterfall-climbing fish in Hawaii uses the same muscles to both rise and feed, researchers have discovered.


Scientists looked at the Nopoli rock-climbing goby (Sicyopterus stimpsoni), also known in Hawaiian as o’opu nopili. This plant-eating fish is found throughout Hawaii, and was once greatly relished as food, apparently being a favorite snack among priests.






Many gobies can inch their way up waterfalls with the aid of a sucker on their bellies formed from fused pelvic fins. The Nopoli rock-climbing goby, on the other hand, can climb waterfalls as tall as 330 feet (100 meters) with the aid of a second mouth sucker, which develops after their mouthparts move from a forward-facing position to under the body during a two-day-long metamorphosis into adulthood.


“For a human to go the equivalent distance based on body size, it’d be like doing a marathon, some 26 miles (42 kilometers) long, except climbing up a vertical cliff-face against rushing water,” researcher Richard Blob, an evolutionary biomechanist at Clemson University in South Carolina, told LiveScience. Indeed, an old Hawaiian saying is that as the Nopili clings, so will luck.


The goby, which can grow up to 7 inches (18 centimeters) long as an adult, feeds by cyclically sticking the tip of its upper jaw against rock to scrape food off surfaces. This behavior is quite distinct from other Hawaiian gobies, which feed by sucking in food from the water. Given the apparent similarity of the climbing and feeding behaviors of the S. stimpsoni species, researchers thought one might have developed from the other. [See Video of Waterfall-Climbing Fish]


“The fish gave us an opportunity to see how unusual behaviors evolved,” Blob said.


To see if these behaviors really were as similar as they looked, the scientists captured Nopoli rock-climbing gobies from a stream on the island of Hawaii by net while snorkeling and kept them in aquaria. They next filmed the gobies’ jaw-muscle movements as the fish climbed and ate, either scraping food off glass microscope slides or climbing up angled plastic boards. They found that overall movements were indeed similar during both activities.


It remains uncertain whether feeding movements were adapted for climbing, or vice versa.


“To understand the sequence of steps in the evolution of this extreme behavior, we want to look at closely related species that do one of the behaviors, but not the other,” Blob said. “This fish has relatives in many oceanic islands, such as the Caribbean.”


The scientists detailed their findings online Jan. 4 in the journal PLOS ONE. They will also present their findings Jan. 6 at the Society for Integrative and Comparative Biology annual meeting in San Francisco.


Follow LiveScience on Twitter @livescience. We’re also on Facebook & Google+.


Copyright 2013 LiveScience, a TechMediaNetwork company. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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Storm over Depardieu's 'pathetic' move






STORY HIGHLIGHTS


  • Russian President Vladimir Putin has bestowed Russian citizenship on actor Gérard Depardieu

  • For Depardieu, a public war of words erupted, with many in France disgusted by his move

  • Depardieu more than anyone, represents the Gallic spirit, says Agnes Poirier

  • Majority of French people disapprove of his action but can't help loving him, she adds




Agnes Poirier is a French journalist and political analyst who contributes regularly to newspapers, magazines and TV in the UK, U.S., France, Italy. Follow her on Twitter.


Paris (CNN) -- Since the revelation on the front page of daily newspaper Libération, on December 11, with a particularly vicious editorial talking about France's national treasure as a "former genius actor," Gérard Depardieu's departure to Belgium, where he bought a property just a mile from the French border, has deeply divided and saddened France. Even more so since, as we have learnt this week, Russian President Vladimir Putin has bestowed the actor Russian citizenship.


Back in mid-December, the French media operated along political lines: the left-wing press such as Libération couldn't find strong enough words to describe Depardieu's "desertion" while right-wing publications such as Le Figaro, slightly uneasy at the news, preferred to focus on President François Hollande's punishing taxes which allegedly drove throngs of millionaires to seek tax asylum in more fiscally lenient countries such as Belgium or Britain. Le Figaro stopped short of passing moral judgement though. Others like satirical weekly Charlie hebdo, preferred irony. Its cover featured a cartoon of the rather rotund-looking Depardieu in front of a Belgian flag with the headline: "Can Belgium take the world's entire load of cholesterol?" Ouch.


Quickly though, it became quite clear that Depardieu was not treated in the same way as other famous French tax exiles. French actor Alain Delon is a Swiss resident as is crooner-rocker Johnny Halliday, and many other French stars and sportsmen ensure they reside for under six months in France in order to escape being taxed here on their income and capital. Their move has hardly ever been commented on. And they certainly never had to suffer the same infamy.



Agnes Poirier

Agnes Poirier



For Depardieu, a public war of words erupted. It started with the French Prime Minister Jean-Marc Ayrault, and many members of his government, showing their disdain, and talking of Depardieu's "pathetic move." In response the outraged actor penned an open letter to the French PM in which he threatened to give back his French passport.


The backlash was not over. Fellow thespian Phillipe Torreton fired the first salvo against Depardieu in an open letter published in Libération, insulting both Depardieu's protruding physique and lack of patriotism: "So you're leaving the ship France in the middle of a storm? What did you expect, Gérard? You thought we would approve? You expected a medal, an academy award from the economy ministry? (...)We'll get by without you." French actress Catherine Deneuve felt she had to step in to defend Depardieu. In another open letter published by Libération, she evoked the darkest hours of the French revolution. Before flying to Rome to celebrate the New Year, Depardieu gave an interview to Le Monde in which he seemed to be joking about having asked Putin for Russian citizenship. Except, it wasn't a joke.


In truth, French people have felt touched to their core by Depardieu's gesture. He, more than anyone, represents the Gallic spirit. He has been Cyrano, he has been Danton; he, better than most, on screen and off, stands for what it means to be French: passionate, sensitive, theatrical, and grandiose. Ambiguous too, and weak in front of temptations and pleasures.



In truth, French people have felt touched to their core by Depardieu's gesture. He, more than anyone, represents the Gallic spirit
Hugh Miles



For more than two weeks now, #Depardieu has been trending on French Twitter. Surveys have showed France's dilemma: half the French people understand him but there are as many who think that paying one's taxes is a national duty. In other words, a majority of French people disapprove of his action but can't help loving the man.


Putin's move in granting the actor Russian citizenship has exacerbated things. And first of all, it is a blow to Hollande who, it was revealed, had a phone conversation with Depardieu on New Year's Day. The Elysées Palace refused to communicate on the men's exchange. A friend of the actor declared that Depardieu complained about being so reviled by the press and that he was leaving, no matter what.


If, in their hearts, the French don't quite believe Depardieu might one day settle in Moscow and abandon them, they feel deeply saddened by the whole saga. However, with France's former sex symbol Brigitte Bardot declaring that she too might ask Putin for Russian citizenship to protest against the fate of zoo elephants in Lyon, it looks as if the French may prefer to laugh the whole thing off. Proof of this: the last trend on French Twitter is #IWantRussianCitizenship.


The opinions expressed in this commentary are solely those of Agnes Poirier.






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