Facebook takes another shot at settling privacy lawsuit

SAN FRANCISCO (Reuters) – A U.S. judge said he would consider whether to preliminarily approve Facebook‘s second attempt to settle allegations the social networking company violated privacy rights.

Earlier this year, U.S. District Judge Richard Seeborg rejected a proposed class action settlement over Facebook’s ‘Sponsored Stories’ advertising feature. But at a hearing on Thursday in San Francisco federal court, Seeborg was much less critical of a revised proposal and promised a ruling “very shortly.”

Five Facebook Inc members filed a lawsuit seeking class-action status against the social networking site, saying its Sponsored Stories feature violated California law by publicizing users’ “likes” of certain advertisers without paying them or giving them a way to opt out. The case involved over 100 million potential class members.

As part of a proposed settlement reached earlier this year, Facebook agreed to allow members more control over how their personal information is used. Facebook also agreed to pay $ 10 million for legal fees and $ 10 million to charity, according to court documents.

However, Seeborg rejected the proposed deal in August, questioning why it did not award any money to members.

In a revised proposal, Facebook and plaintiff lawyers said users now could claim a cash payment of up to $ 10 each to be paid from a $ 20 million total settlement fund. Any money remaining would then go to charity.

The company also said it would engineer a new tool to enable users to view any content that might have been displayed in Sponsored Stories and then opt out if they desire, the court document says.

In court on Thursday, Facebook attorney Michael Rhodes said the settlement provided meaningful protections and that Seeborg’s job was to ensure a fair settlement – not write national privacy policy.

“Trust me, I’m not proposing to set grand policy with privacy issues writ large,” Seeborg said.

Two children’s advocacy groups filed court papers opposing the deal, saying that an opt-in procedure with parental consent should be required before Facebook can use a minor’s content in ads.

However, plaintiff attorney Robert Arns said the deal balances the public good with Facebook’s ability to run a profitable social networking service.

“We believe we cracked the code so that it’s fair,” he said.

If Seeborg grants his preliminary approval, outside groups would be able to file further objections before a final hearing.

The case in U.S. District Court, Northern District of California is Angel Fraley et al., individually and on behalf of all others similarly situated vs. Facebook Inc, 11-cv-1726.

(Reporting By Dan Levine. Editing by Andre Grenon)

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Canada pledges again to balance budget by 2015

OTTAWA/NEW YORK (Reuters) – The Canadian government on Friday reiterated its intention to balance its budget by 2015, three days after projecting there would be deficits until 2016-17.

In separate appearances in Quebec City and New York, Prime Minister Stephen Harper and Finance Minister Jim Flaherty were at pains to say they still intended to end the red ink by 2015.

“It remains the government’s plan, intention, to balance the budget prior to the next federal election. The recent economic and fiscal update by the minister indicates we are actually very close to that objective,” Harper told reporters in Quebec City. The next election is in October 2015.

Flaherty’s fall fiscal update on Tuesday had pushed back the target date for eliminating the deficit by a year, to 2016-17, citing a weak global economy.

But the minister said in a speech in New York that the government was on track to balance the budget in the next two to three years, barring major external events, and he later clarified that he intended a balanced budget by 2015.

“The prime minister’s always correct,” he chuckled.

He sought to explain the discrepancy by saying the fiscal update had built in a C$ 3 billion ($ 3 billion) contingency cushion, meaning there was an underlying surplus of C$ 1.2 billion for 2015-16. He said the projection of a C$ 1.8 billion deficit amounted to about half a percent of the C$ 275 billion federal budget.

“There’s lots of water to go under the bridge between now and then,” he said.

The opposition New Democratic Party noted the discrepancy in a release headlined: “Stephen Harper makes stuff up about balancing the budget.”

It pointed out that balancing the budget by the next election was not the same as balancing it by 2016-17.

As it is, even the 2015-16 timetable is a year later than offered in the Conservative campaign for reelection in May 2011. They had promised a balanced budget by 2014-15, followed by major personal income tax relief before the 2015 election.

Flaherty’s timetable drew criticism this week from the Canadian Taxpayers Federation, which said the minister had become expert at kicking the can down the road.

The projections could be thrown out of whack if the United States goes off the fiscal cliff, a set of automatic tax hikes and spending cuts that are to be triggered on January 2 if legislators and the White House cannot agree on a more nuanced budget deal.

Flaherty said U.S. failure to avert the fiscal cliff would cause a significant and immediate decline in Canada’s gross domestic product, and he would counter it.

Referring to a possible economic shock from Europe or the United States, he said: “If that were to happen and if the Canadian economy were to be pushed back into recession with the resulting danger for higher unemployment and the danger always of a prolonged recession, then we would act.”

He added: “We would not stand by and let that happen. The kinds of measure we can take: there are various tax measures we can take, there are measures with respect to stimulus we can take, these are things that we have done before and we can do again.”

On Tuesday, Flaherty spoke of having prepared various contingency plans.

(Additional reporting by Louse Egan; Editing by David Gregorio)

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NY Times article questions what CEO knew of BBC sex scandal: can Mark Thompson survive?

LOS ANGELES (TheWrap.com) – The New York Times has turned its guns on one of its own, and right about now Mark Thompson must be looking for somewhere in the corporate suite to hide.

In a devastating article, the paper of record raises questions about what its newly minted chief executive officer knew about a pedophilia scandal at the BBC and when he knew it. Thompson stepped down as BBC director-general in September and assumed his new perch at The Times on Monday.

Yet his cross-Atlantic transition has been turbulent. He has found himself dogged by the scandal engulfing the BBC after allegations emerged that he tried to prevent an exposé by one of the network’s investigative programs into claims that children’s TV host Jimmy Savile routinely coerced teenage girls into having sex. Savile, who died in 2011, was one of the BBC’s biggest stars.

Thompson has maintained that he learned of the claims against Savile after leaving the BBC, but a legal letter indicates that he was aware of the accusations before he stepped down from his post, according to the article in The Times. In the piece, reporter Matthew Purdy writes that lawyers representing Thompson threatened to sue The Sunday Times over an article it was writing that claimed he had squelched his network’s investigative report on Savile’s sexual behavior. The letter was sent 10 days before Thompson resigned from the BBC.

The Sunday Times is owned by Rupert Murdoch’s News Corp. and is based in the United Kingdom.

“There were other moments during Mr. Thompson’s final months at the BBC – involving brief conversations and articles appearing in London news media – when he might have picked up on the gravity of the Savile case,” Purdy writes. “But the letter is different because it shows Mr. Thompson was involved in an aggressive action to challenge an article about the case that was likely to reflect poorly on the BBC and on him.”

The letter purportedly included a summary of Savile’s alleged abuses. The Times reports that an aide to Thompson said he authorized the letter orally, but was not fully informed about its contents.

After the story broke, speculation mounted on Twitter among media watchers that Thompson’s position at The Times might be in jeopardy.

“The odds on Mark Thompson staying as CEO of the New York Times just changed,” Jay Rosen, a journalism professor at New York University, tweeted.

At the very least, it appears that reporters at the paper have taken to heart Public Editor Margaret Sullivan’s charge to cover the BBC scandal aggressively.

“As the BBC has found out in the most painful way, for The Times to pull its punches will not be a wise way to go,” Sullivan wrote.

As Thompson, still nursing Purdy’s uppercut, just found out, The Times looks ready to put some muscle into it.

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Monti repeats Italy does not need euro zone aid

MILAN (Reuters) – Prime Minister Mario Monti rejected suggestions on Saturday that Italy should seek aid from its euro zone partners to bind a new government to strict reform conditions after elections likely to be held in March.

Monti’s comments, in a panel discussion at Milan’s Bocconi University, follow growing speculation that he might try to use an aid program to guarantee that his broad economic agenda is continued once his term in office ends.

He said he had nothing against mechanisms including the special euro zone bailout fund and the European Central Bank’s bond-buying program to help governments that have undertaken budget and economic reforms but he said he would like to see other countries resort to such assistance.

“I don’t think Italy needs it, nor will need it,” he said in answer to a question during the discussion.

Italy’s borrowing costs have come down sharply since the ECB announced its so-called “Outright Monetary Transactions” plan in September. The yield on its 10-year BTPs is now just under 5 percent, well below a high of over 7 percent when Monti came to office during the height of the financial crisis a year ago.

Monti also defended his government’s decision to stick to the goal of a balanced budget, in structural or growth-adjusted terms, by 2013, despite the strain the objective imposes on Italy’s recession-hit economy.

He said the government had considered asking for more time to meet the objective but had decided not to.

“I have not regretted not asking for it,” he said, noting that a number of other euro zone countries had delayed budget deficit reduction targets and that Italy would not have seen its own interest rates fall if it had done the same.

The discussion came on the same day the government issued a 17-page account of its year in office which emphasized the international credibility Italy gained after Monti took over from the scandal-plagued Silvio Berlusconi.

CREDIBILITY

With the countdown to elections now on following President Giorgio Napolitano’s indication on Friday of a possible date of March 10, attention has focused on what will come after.

Opinion polls suggest that a center-left government of some form is the most likely outcome, but the political parties have yet to choose their main candidates or even decide under what voting system the ballot will be held.

Much attention has been focused on the possibility that Monti himself may return at the head of a broad-based reform coalition if the election fails to produce a clear winner.

His government has been widely praised abroad and the former European commissioner has strong support among business leaders, but the painful tax hikes and spending cuts imposed by his government have also sparked anger among ordinary Italians.

On Saturday, students protested outside the university buildings where Monti was speaking and two policemen were injured by firecrackers.

Monti, who said his record in office was neither as good as his many international admirers believed nor as bad as the critics among his fellow economists claimed, has said repeatedly that he would be available to serve if needed.

But he repeated that he had no plans to run in the election himself. “Noone has asked me for a commitment and I’m not committing myself today,” he said.

At a separate event in Rome, Luca Cordero di Montezemolo, the chairman of sportscar maker Ferrari, who leads a civil movement aimed at promoting reform, praised Monti but said that he did not expect him to take a political lead.

“We are not asking the premier today to assume the leadership of this political movement because it would prejudice his work,” he said.

(Writing By James Mackenzie; editing by Jason Webb)

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Golf-Obsession drove Aussie Batibasaga to mental institution

MELBOURNE, Nov 18 (Reuters) – The desire to improve can drive professional athletes to distraction, but for Australian golfer Rika Batibasaga it became a dangerous obsession that saw him handcuffed and thrown into a Florida mental institution.

In 2008, Batibasaga, whose father played international rugby for Fiji, was a 21-year-old living in Florida and grafting on the Nationwide Tour when his world spectacularly imploded.

“I was living away from home for the first time and it all got too much for me,” Batibasaga told Reuters at the Australian Masters in Melbourne on Sunday.

“I had a psychotic episode – it’s called psychosis. I lost the plot because of a lack of sleep – just due to stress.

“And I couldn’t control it and basically just flipped it out.”

Like hundreds of other young talents drawn to the United States to chase their dreams, Batibasaga felt hard work would prove the difference after he carried countryman and former house-mate Jason Day’s bag at a local tournament.

Feeling his game was not far off the professionals in that tournament, Batibasaga threw himself into a punishing training regime of 10-hour days hitting hundreds of balls, followed by running and gym sessions.

“It was stupid. It became an obsession. I felt I needed to push it a lot harder because I was almost there,” he recalled.

“But my brain just wouldn’t turn off and I would just get so frustrated and angry.

“When I went two or three days without sleep, I panicked and that it made it even worse. It just sort of snowballed.”

Into his sixth consecutive day without sleep, Batibasaga snapped.

Wearing just a pair of underwear, he jumped into a car belonging to the owner of the Orlando house he was living in and crashed it in the garage.

He jumped into another car, this one his house mate’s, and was arrested by police in front of Universal Studios.

“They both had their guns out. I guess it’s just America and they love pulling a gun on someone,” Batibasaga, an affable 25-year-old with a wispy beard, laughed.

“I was just driving around, I had no idea where I was going. I was in no state to drive.

“They put me in an ambulance, they obviously thought I was on drugs. They knocked me out at the hospital and I woke up feeling fine.”

With no phone or identification cards, Batibasaga was taken to a mental hospital where he spent “probably the scariest two days” of his life before being checked out.

The same problems came back to haunt him later, though, and he returned home for further treatment and a course of prescription drugs at a Brisbane hospital where he was diagnosed with bipolar disorder.

Batibasaga, who made the cut in his debut Australian Masters, has not suffered any further mental illness, and has learnt to take a more measured approach to success and failure.

He continues to grind on the minor tours but has shown signs of his promise, winning A$ 18,459 ($ 19,000) at the European Tour co-sanctioned Perth International last month for finishing joint 25th.

Batibasaga still has the green uniform from the Lakeside mental institution in Florida as a souvenir and wore it out to a New Year’s Eve party.

He says dozens of young golfers struggling to make the step up to the A-grade suffer from anxiety and depression that borders and often crosses over into mental illness.

“It’s rife. Because you’re always by yourself and if you’re not playing well, you go back to your hotel alone,” he said.

“When things aren’t going well, that’s when it’s tough.” ($ 1 = 0.9702 Australian dollars) (Editing by Nick Mulvenney)

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Kansas robber recognizes victim from prison, gives wallet back

KANSAS CITY, Kansas (Reuters) – A Kansas robber who helped seize a man’s cell phone and wallet at gunpoint recognized the victim as an ex-convict he had served time with and gave the possessions back, police said on Thursday.

A Wichita, Kansas man reported that two young men approached him on the street late on Wednesday, one of them brandishing a large semi-automatic handgun, Wichita police Sergeant Joe Schroeder said.

The gunman demanded the victim’s phone and took his wallet while the second man searched his pockets, Schroeder said.

“Then, he (the second man) realized he spent some time in prison with him. He apologized, shook hands and walked away,” Schroeder said.

Although the victim went to police and said he knew one of the robbers in prison, the man said he did not think he could identify them in a suspect line-up, Schroeder said.

(Editing by Greg McCune and Eric Walsh)

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Israel, Gaza fighting rages on as Egypt seeks truce

GAZA/JERUSALEM (Reuters) – Israel bombed Palestinian militant targets in the Gaza Strip from air and sea for a fifth straight day on Sunday, preparing for a possible ground invasion though Egypt saw “some indications” of a truce ahead.

Militant rocket fire into Israel subsided during the night but resumed in the morning with three rockets fired at the nearby coastal city of Ashkelon, the Israeli army said.

“As of now we have struck more than 1,000 targets, so Hamas should do the math over whether it is or isn’t worth it to cease fire,” Israeli Vice Prime Minister Moshe Yaalon, over Twitter.

“If there is quiet in the South and no rockets and missiles are fired at Israel’s citizens nor terrorist attacks engineered from the Gaza Strip, we will not attack.”

Forty-eight Palestinians, about half of them civilians, including 13 children, have been killed in Israel’s raids, Palestinian officials said. More than 500 rockets fired from Gaza have hit Israel, killing three people and injuring dozens.

Israel unleashed intensive air strikes on Wednesday, killing the commander of the Hamas Islamist group that governs Gaza and spurns peace with the Jewish state. Israel’s declared goal is to deplete Gaza arsenals and press Hamas into stopping cross-border rocket fire that has plagued Israeli border towns for years.

Air raids continued past midnight into Sunday, with warships shelling from the sea. A Gaza City media building was hit, witnesses said, wounding 6 journalists and damaging facilities belonging to Hamas’s Al-Aqsa TV as well as Britain’s Sky News.

An Israeli military spokeswoman said the strike had targeted a rooftop “transmission antenna used by Hamas to carry out terror activity”.

Two other predawn attacks on houses in the Jabalya refugee camp killed two children and wounded 13 other people, medical officials said.

These attacks followed a defiant statement by Hamas military spokesman Abu Ubaida, who told a news conference: “This round of confrontation will not be the last against the Zionist enemy and it is only the beginning.”

The masked gunman dressed in military fatigues insisted that despite Israel’s blows Hamas “is still strong enough to destroy the enemy”.

An Israeli attack on Saturday destroyed the house of a Hamas commander near the Egyptian border.

Casualties there were averted however, because Israel had fired non-exploding missiles at the building beforehand from a drone, which the militant’s family understood as a warning to flee, and thus their lives were spared, witnesses said.

Israeli aircraft also bombed Hamas government buildings in Gaza on Saturday, including the offices of Prime Minister Ismail Haniyeh and a police headquarters.

Among those killed in air strikes on Gaza on Saturday were at least four suspected militants riding motorcycles, and several civilians including a 30-year-old woman.

ISRAELI SCHOOLS SHUT

Israel said it would keep schools in its south shut on Sunday as a precaution to avoid casualties from rocket strikes reaching as far as Tel Aviv and Jerusalem in the past few days.

Israel’s “Iron Dome” missile interceptor system destroyed in mid-air a rocket fired by Gaza militants at Tel Aviv on Saturday, where volleyball games on the beach front came to an abrupt halt as air-raid sirens sounded.

Hamas claimed responsibility for the attack on Tel Aviv, the third against the city since Wednesday. It said it had fired an Iranian-designed Fajr-5 at the coastal metropolis, some 70 km (43 miles) north of Gaza.

In the Israeli Mediterranean port of Ashdod, a rocket ripped into several balconies. Police said five people were hurt.

Israel’s operation has drawn Western support for what U.S. and European leaders have called Israel’s right to self-defense, but there was also a growing number of calls from world leaders to seek an end to the violence.

British Prime Minister David Cameron “expressed concern over the risk of the conflict escalating further and the danger of further civilian casualties on both sides,” in a conversation with Israeli Prime Minister Benjamin Netanyahu, a spokesperson for Cameron said.

London was “putting pressure on both sides to de-escalate,” the spokesman said, adding that Cameron had urged Netanyahu “to do everything possible to bring the conflict to an end.”

Ben Rhodes, a deputy national security adviser to President Barack Obama, said the United States would like to see the conflict resolved through “de-escalation” and diplomacy, but also believes Israel has a right to self-defense.

Egyptian President Mohamed Mursi said in Cairo as his security deputies sought to broker a truce with Hamas leaders, that “there are some indications that there is a possibility of a ceasefire soon, but we do not yet have firm guarantees.”

Egypt has mediated previous ceasefire deals between Israel and Hamas, the latest of which unraveled with recent violence.

A Palestinian official told Reuters the truce discussions would continue in Cairo on Sunday, saying “there is hope,” but it was too early to say whether the efforts would succeed.

In Jerusalem, an Israeli official declined to comment on the negotiations. Military commanders said Israel was prepared to fight on to achieve a goal of halting rocket fire from Gaza, which has plagued Israeli towns since late 2000, when failed peace talks led to the outbreak of a Palestinian uprising.

Diplomats at the United Nations said Secretary-General Ban Ki-moon is expected to visit Israel and Egypt in the coming week to push for an end to the fighting.

POSSIBLE GROUND OFFENSIVE

Israel, with tanks and artillery positioned along the frontier, said it was still weighing a ground offensive.

Israeli cabinet ministers decided on Friday to more than double the current reserve troop quota set for the Gaza offensive to 75,000 and around 16,000 reservists have already been called up.

Asked by reporters whether a ground operation was possible, Major-General Tal Russo, commander of the Israeli forces on the Gaza frontier, said: “Definitely.”

“We have a plan. … It will take time. We need to have patience. It won’t be a day or two,” he added.

A possible move into the densely populated Gaza Strip and the risk of major casualties it brings would be a significant gamble for Netanyahu, favored to win a January election.

The last Gaza war, a three-week Israeli blitz and invasion over the New Year of 2008-09, killed 1,400 Palestinians, mostly civilians. Thirteen Israelis died in the conflict.

But the Gaza conflagration has stirred the pot of a Middle East already boiling from two years of Arab revolution and a civil war in Syria that threatens to spread beyond its borders.

One major change has been the election of an Islamist government in Cairo that is allied with Hamas, potentially narrowing Israel’s maneuvering room in confronting the Palestinian group. Israel and Egypt made peace in 1979.

(Writing by Allyn Fisher-Ilan; Editing by Douglas Hamilton)

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Lindsay Lohan pushed for Elizabeth Taylor TV role

LOS ANGELES (Reuters) – Lindsay Lohan so wanted to play Elizabeth Taylor in the upcoming film “Liz & Dick” that she cut out the middle man and went straight to the producer herself, the tabloid-favorite star said in an interview on Friday.

Lohan, 26, plays Taylor in an upcoming television movie that dramatizes the long love affair between the late Hollywood legend and actor Richard Burton.

“It’s a funny story, actually. I had seen that they were going to be making the movie and I got the producers’ numbers and started harassing (producer) Larry Thompson,” Lohan said on ABC’s “Good Morning America.”

“I didn’t even care if my agents were going to do it or not, I just did it myself, too,” the “Mean Girls” actress said. “Because I was like, ‘No one else is going to play this role, I have to do this.’”

Early reviews of “Liz & Dick,” which premieres on U.S. cable channel Lifetime on November 25, have ranged from middling to poor. But TV critics noted the similarities between Lohan and Taylor, both often-troubled actresses who started life as child stars.

“‘Liz & Dick’ truly drags,” said the Hollywood Reporter. “Luckily, you can’t take your eyes off of Lohan playing Taylor, which the producers clearly thought would work because they share similar back stories.”

Lohan’s acting alongside New Zealand’s Grant Bowler as Burton was described by Variety on Friday as “adequate, barring a few awkward moments, thanks largely to the fabulous frocks and makeup … she gets to model.”

Lohan’s reputation, much like Taylor’s, has been built from her tabloid persona more than on-screen performance.

In and out of legal trouble, jail and rehab since 2007, Lohan faced media blow-back this week after canceling an in-depth interview with ABC’s Barbara Walters, who said she suspected the actress’ publicity team pulled the plug knowing Walters would ask tough questions.

(Reporting by Eric Kelsey; editing by Jill Serjeant and Matthew Lewis)

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Twinkies maker Hostess plans to go out of business

(Reuters) – Hostess Brands Inc, the bankrupt maker of Twinkies snack cakes and Wonder Bread, is seeking a U.S. court’s permission to go out of business after failing to get wage and benefit cuts from thousands of its striking bakery workers.

The 82-year-old Hostess, which has about $ 2.5 billion in sales and is one of the largest wholesale bakers and distributors of breads and snack cakes in the United States, filed the request with the U.S. Bankruptcy Court in New York early Friday morning. A hearing on the matter is set for Monday.

The Irving, Texas-based company said the liquidation would mean that most of its 18,500 employees would lose their jobs. Hostess immediately suspended operations at all of its 33 plants across the United States as it moves to start selling assets.

“We’ll be selling the brands and as much of the infrastructure as we can,” said company spokesman Lance Ignon. “There is value in the brands. But some bakeries will never open again as bakeries.”

Ignon said the company made final deliveries on Friday of products made on Thursday night. Hostess’s top-selling products are its chocolate cupcakes, Twinkies cakes and its powdered sugar and frosted “Donettes.”

Hostess products, particularly the golden, cream-filled Twinkies cakes, are deeply ingrained in American pop culture and have long been packed in school children’s lunch boxes. Entrepreneurs on auction site eBay Inc were asking as much as $ 100 for a box of 10 Twinkies on Friday morning.

Raj Patel, owner of Sarah’s Market in Cambridge, Massachusetts, said he was sorry to see the company go out of business.

“It’s been around for ages,” said Patel, 40. “A lot of people are familiar with the brand and it’s going to be tough for some people to do without.”

NOT INTERESTED IN BREAD

Hostess blamed heavy debt and burdensome wage and pension obligations for its financial woes. It said a strike by members of the Bakery, Confectionery, Tobacco Workers and Grain Millers International Union (BCTGM), which began November 9, was part of a long series of battles between labor and management that contributed to the company’s inability to restructure its finances and produce and deliver products at several facilities.

But union officials and line workers said union workers had already agreed to a series of concessions over the years and the company had failed to invest in brand marketing and modernization of plants and trucks and had focused instead on enriching owners such as private equity firm Ripplewood Holdings and hedge funds Silver Point Capital and Monarch Alternative Capital.

Officials at the three firms declined to comment.

“Our members decided… they were not going to agree to another round of outrageous wage and benefit cuts and give up their pension only to see yet another management team fail and Wall Street vulture capitalists and ‘restructuring specialists’ walk away with untold millions of dollars,” said BCTGM International Union President Frank Hurt.

Picketing workers echoed the sentiment.

“The people who are running this company are not interested in making bread,” said Roger Harrison, 56, who bags buns at the Hostess plant in Lenexa, Kansas, and has been with the company for 35 years.

“They are not in the baking industry; they are just interested in the money,” Harrison said.

The company had started implementing an 8 percent pay cut, a 20 percent increase in healthcare costs, and changes to pension and workday provisions when workers went on strike on November 9. Hostess had given employees a deadline to return to work on Thursday, but the union held firm, saying it had already given far more in concessions than workers could bear and that it would not bend further.

“The union has been the death of this company,” said a human resources manager who recently left Hostess.

LONG LABOR BATTLES

Hostess’s battle with its workforce has brewed for years. Formerly known as Interstate Bakeries Corp (IBC), the company for decades was based in Kansas City, Missouri. It filed for bankruptcy in September 2004 and emerged in 2009 with a host of employee concessions from various unions.

A source with knowledge of the situation who spoke on condition of anonymity said the company was well positioned when it emerged from bankruptcy in 2009, but the recession, a spike in commodity prices and consolidation of major competitors reshaped the landscape and forced more restructuring.

“We tried to get the senior creditors and the unions together and it dragged on and on and on and the company got weak,” said the source. “I’m still praying, literally, that something is worked out and they don’t liquidate the business.”

When Hostess filed for bankruptcy protection in January of this year the company said it must withdraw from multi-employer pension plans, address legacy health and welfare costs and secure new capital to modernize its operations.

The company has spent the last several months battling for wage cuts and other concessions from 12 unions representing Hostess workers. At one point earlier this year, Hostess had a potential outside equity investor lined up, but failure to gain pension relief from the International Brotherhood of Teamsters union killed that option, the company said in its court filing on Friday.

The company submitted offers to both the Teamsters and the bakery union in August, in what the company said was a final effort to save the company. The Teamsters accepted the proposal but the bakery union balked.

With court approval, Hostess implemented the contract changes in October. The bakery workers then launched strikes that disrupted operations at 24 bakeries. Hostess said the strikes were the final blow to the already “daunting obstacles” to reorganization.

The company’s court filing said that it hopes it can arrange the sale of groups of assets to be operated as going concerns.

WIND-DOWN PLAN

Hostess has 565 distribution centers and 570 bakery outlet stores, as well as the 33 bakeries. Besides Twinkies and Wonder Bread, its brands include Nature’s Pride, Dolly Madison, Drake’s, Butternut, Home Pride and Merita.

The company said in Friday’s court filing that it would probably take about a year to wind down. It will need about 3,200 employees to start that process, but only about 200 after the first few months.

Hostess had been gauging acquisition interest for certain brands for months and in late September received “a number of potentially viable proposals” to purchase certain assets.

Pabst Brewing Co owner, C. Dean Metropoulos & Co, is considering making an offer to buy Hostess Brands Inc, Daren Metropoulos, a principal at the private-equity firm, told Bloomberg News. Metropoulos did not return a request for comment.

SunTrust Robinson Humphrey analyst William Chappell Jr. said Flowers Foods Inc could be among the potential buyers for some Hostess assets. And he said the company’s liquidation was a “positive step” for the sector because it will reduce the number of major vendors.

In addition to Flowers, Bimbo Bakeries USA, a division of Mexico-based Grupo Bimbo, and Pepperidge Farm, a division of Campbell Soup Co, were considered prospective buyers, analysts said.

It is not a given that all of the better-known brands will survive, analysts said. “I’d be surprised if the Twinkies brand isn’t gone for good,” said Timothy Ramey, analyst at D.A. Davidson & Co.

The company has canceled all orders with its suppliers and said any product in transit would be returned to the shipper.

The company’s last operating report, filed with the bankruptcy court in late October, listed a net loss of $ 15.1 million for the four weeks that ended in late September, mostly due to restructuring charges and other expenses.

The case is In re: Hostess Brands Inc, U.S. Bankruptcy Court, Southern District of New York, No. 12-22052.

(Reporting by Carey Gillam in Kansas City and Jonathan Stempel in New York; Additional reporting by Tanya Agrawal in Bangalore, Ben Berkowitz, Nick Zieminski and Phil Wahba in New York; Editing by Lisa Von Ahn, Phil Berlowitz, Andre Grenon, Tim Dobbyn and Carol Bishopric)

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NBC to replace “Today Show” producer, source says

(Reuters) – NBC is expected to name Alexandra Wallace, a senior vice president of the network’s news division, as the executive in charge of “The Today Show,” the latest reshuffling of the show’s personnel after it slipped to second in ratings this year behind “Good Morning America.”

Wallace, who would be the first woman in charge of the long-running NBC show that pioneered early morning TV in the United States, will be named along with a producer to replace Jim Bell, according to a person familiar with the decision.

Bell, who has headed the show since 2005, was blamed this year for the controversial firing of Ann Curry as anchor alongside Matt Lauer.

Curry was replaced by Savannah Guthrie in June.

“Good Morning America” or GMA, produced by Walt Disney‘s ABC unit, closed the gap with “Today.”

“Today,” the top-rated morning show for 16 consecutive years, started the current TV season number two. In late October, NBC drew 7,000 more viewers than GMA among 25 to 54 year-old viewers, the age group advertisers most want to reach, its first lead since September 10. GMA still led among overall viewers.

The first two hours of “The Today Show,” from 7 a.m. to 9 a.m., collected $ 485 million in ad revenues in 2011, up 6.6 percent from 2010, according to Kantar Media, which provides data to advertisers. GMA took in $ 299 million last year.

It is unclear when the changes at “The Today Show” will take effect, according to The New York Times, which first reported the shakeup.

Bell this summer produced NBC’s Summer Olympics coverage and is expected to become the full-time executive producer of the network’s ongoing Olympic coverage.

NBC, a unit of Comcast Corp., is also in the midst of layoffs at its entertainment unit, shedding 500 positions primarily at its cable channels. Jay Leno’s late night TV show cut about two dozen of its crew members about two months ago.

(Reporting By Ronald Grover)

TV News Headlines – Yahoo! News

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