Labor Relations Board Rulings Could Be Undone



By ruling that Mr. Obama’s three recess appointments last January were illegal, the federal appeals court ruling, if upheld, would leave the board with just one member, short of the quorum needed to issue any rulings. The Obama administration could appeal the court ruling, but no announcement was made on Friday.


If the Supreme Court were to uphold Friday’s ruling, issued by the United States Court of Appeals for the District of Columbia Circuit, it would mean that the labor board did not have a quorum since last January and that all its rulings since then should be nullified.


Many Republicans and business groups applauded Friday’s ruling. They often assert that the appointments Mr. Obama made to the board have transformed it into a tool of organized labor. But many Democrats and labor unions say Mr. Obama’s appointments restored ideological balance to the board after it was tipped in favor of business interests under President George W. Bush


Mark G. Pearce, the board’s chairman, issued a statement saying the board disagreed with the ruling and suggested that other appeals courts hearing cases about the constitutionality of Mr. Obama’s appointments could reach a different conclusion.


“In the meantime, the board has important work to do,” said Mr. Pearce, whose agency oversees enforcement of the laws governing strikes and unionization drives. “We will continue to perform our statutory duties and issue decisions.”


Unless the Senate confirms future nominees to the board — Senate Republicans have blocked several of Mr. Obama’s board nominees — Mr. Pearce will be the only member left if Friday’s ruling is upheld. The board has five seats.


Representative Darrell Issa, a California Republican who is the chairman of the Oversight and Government Reform Committee, issued a statement that urged the recess appointees to “do the right thing and step down.” He added, “To avoid further damage to the economy, the N.L.R.B. must take the responsible course and cease issuing any further opinions until a constitutionally sound quorum can be established.”


The three disputed recess appointees included two Democrats, Sharon Block, deputy labor secretary, and Richard Griffin, general counsel to the operating engineers’ union; and one Republican, Terence Flynn, a counsel to a board member. Mr. Flynn resigned last May after being accused of leaking materials about the group’s deliberations. Another Republican member, Brian Hayes, stepped down when his term expired last month.


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Annual Tet parade will take place in Little Saigon after all









The nation's only Tet parade, staged in the heart of Little Saigon, will go on after all.


After being told that the city of Westminster could not help pay for the annual Lunar Day parade in the nation's largest Vietnamese community, organizers hurriedly raised $60,000 in just two weeks.


"We knew we could not lose this opportunity to promote the beauty of our culture," said Ha Son Tran, vice president of the Vietnamese American Federation of Southern California. "Everyone put in a lot of energy, and there's a lot of pride. Finally, we can show others that we were able to meet the challenge" of fundraising.





Nghia X. Nguyen, president of the federation, appeared at the City Council meeting Wednesday night, presenting two cashier's checks, one for $35,000 and the other for $25,000.


An official from the city's community services and recreation department will oversee the funds, said Councilman Sergio Contreras, who grew up in Westminster and started marching in the parade when he was a high school student.


"I think it's amazing," he said. "Two weeks. I haven't been in a situation where we challenged a group to come up with the money in that short amount of time, and they made it happen. Now the event that we're waiting for will happen."


The parade, scheduled for Feb. 10, is expected to draw thousands and be televised on Vietnamese cable channels here and aboard,


Peter Trinh, a father of two from Huntington Beach, said he plans to attend.


"I heard so much about it and I want my kids to be exposed to our community," he said. "I think it's a good chance for them to see our culture up close, and of course, we'll bring the friends we always go out with. Can't wait."


anh.do@latimes.com





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A Google-a-Day Puzzle for Jan. 25











Our good friends at Google run a daily puzzle challenge and asked us to help get them out to the geeky masses. Each day’s puzzle will task your googling skills a little more, leading you to Google mastery. Each morning at 12:01 a.m. Eastern time you’ll see a new puzzle posted here.


SPOILER WARNING:
We leave the comments on so people can work together to find the answer. As such, if you want to figure it out all by yourself, DON’T READ THE COMMENTS!


Also, with the knowledge that because others may publish their answers before you do, if you want to be able to search for information without accidentally seeing the answer somewhere, you can use the Google-a-Day site’s search tool, which will automatically filter out published answers, to give you a spoiler-free experience.


And now, without further ado, we give you…


TODAY’S PUZZLE:



Note: Ad-blocking software may prevent display of the puzzle widget.




Ken is a husband and father from the San Francisco Bay Area, where he works as a civil engineer. He also wrote the NYT bestselling book "Geek Dad: Awesomely Geeky Projects for Dads and Kids to Share."

Read more by Ken Denmead

Follow @fitzwillie and @geekdads on Twitter.



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CBS orders pilots for “Bad Teacher,” Bruno Heller drama






LOS ANGELES (TheWrap.com) – A pilot based on the 2011 Cameron Diaz film “Bad Teacher” and a drama from “The Mentalist’ creator Bruno Heller have been ordered by CBS, an individual with knowledge of the orders told TheWrap on Wednesday.


“Bad Teacher” will be written and executive-produced by “My Name Is Earl” and “Community” veteran Hilary Winston, with Lee Eisenberg and Gene Stupnitsky, who were behind the film, executive-producing as well. Sam Hansen and Jimmy Miller will also executive-produce the pilot, which comes from Sony Pictures Television in association with the Mosaic Media Group, and follows a sexy, foul-mouthed divorcee who becomes a teacher to find her next husband.






“The Advocates,” written and executive-produced by Heller, revolves around a female lawyer and a male ex-con who team up as “victim advocates,” going to the very edge of the law to right wrongs and fight for the underdog. Warner Bros. is producing.


The new pilot orders follow on the heels of CBS ordering pilots for a small-screen adaptation of the Eddie Murphy film “Beverly Hills Cop” – which is being executive-produced by “The Shield” creator Shawn Ryan, and Murphy will appear in – as well as the sitcom “Friends With Better Lives” and the detective drama “Backstrom.”


TV News Headlines – Yahoo! News





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Storm-Damaged Homes Mean Lower Property Tax Revenues in New York Region





Localities across the New York region, already reeling from the cost of cleaning up from Hurricane Sandy, are confronting the prospect of an even bigger blow to their finances: a precipitous decline in property tax revenues.




The storm damaged tens of billions of dollars’ worth of real estate, especially in coastal areas of Long Island and New Jersey. As a result, localities can no longer expect to reap the same taxes from properties that have lost much of their value — in some cases, permanently.


Without new revenues, state and local officials and Wall Street analysts said, these areas may have to make deep cuts in spending on schools, police and fire departments and other services. They also may be hard-pressed to finance rebuilding.


“Absolutely, this is going to be devastating for several years,” said Ester Bivona, former president of the New York State Receivers and Collectors Association, which represents local tax officials.


The Division of Local Government Services in New Jersey estimated this month that more than a dozen municipalities in the state could lose at least 10 percent of their tax bases. About another 10 face a drop between 5 percent and 10 percent, state and local officials said.


Among the worst hit is Toms River, one of New Jersey’s largest municipalities, with 90,000 people. It recently warned Wall Street that property tax receipts could drop 10 percent to 15 percent, according to its financial disclosure documents.


Down the coast, the tiny borough of Tuckerton lost close to 20 percent of its property tax base. In Sea Bright, nearly half the homes are uninhabitable.


The situation is similar on Long Island, according to interviews with officials there.


The village of Freeport in Nassau County expects that many of its 15,000 homeowners will qualify for reductions in property tax bills, erasing at least 5 percent of property tax revenues and probably far more.


Experts said the looming revenue crisis for localities in the region underscores how natural disasters can have a profound effect long after the debris is gone.


If localities try to raise overall tax rates to make up for looming deficits, they may touch off a backlash from homeowners with undamaged properties.


“My thing is to encourage property owners to not seek reassessments because you’re going to pay on one end or the other,” said Andrew Hardwick, Freeport’s mayor. “If too many people seek reassessment and are successful with it, that means, how do you pay the bills on the other end? You raise the taxes again? It doesn’t make sense.”


Some localities, like Long Beach, on Long Island, had shaky finances before the storm and are now in deeper trouble, according to local budget records. But many others had been on solid financial ground.


Two major bond-rating agencies, Moody’s Investors Service and Standard & Poor’s, have expressed concerns in recent weeks about the fiscal stability of numerous municipalities in the region.


New York City and county governments in New York are far less reliant on property taxes than localities, so they are expected to have an easier time weathering a drop in the value of the tax base caused by storm damage. The city, for example, has its own income and business taxes.


What’s more, the city and county governments in both states have a much broader property tax base than small localities.


The $50.7 billion Hurricane Sandy relief bill approved this month by the House of Representatives provides up to $300 million in low-interest loans for localities facing shortfalls. The Senate has supported a similar provision in its own relief package.


But some local officials said such financing was not nearly enough. States themselves have not yet sent aid, and senior state officials said they were not inclined to do so until federal money was exhausted.


“It’s a pretty inescapable conclusion that there will be an impact on the tax base,” said Michael Drewniak, chief spokesman for Gov. Chris Christie of New Jersey.


“In many instances, we had homes completely wiped out or severely damaged to the point they were rendered uninhabitable,” Mr. Drewniak said. “That left behind rebuildable land but, in the meantime, no ‘improvements’ to tax. In other cases, people may find it cost prohibitive to rebuild at all, depending on their individual circumstances.”


It could be a year or two before the aftereffects are fully understood, given that localities will have to assess damaged properties before lowering property taxes on them.


Griff Palmer contributed reporting.



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Quitting smoking prolongs life at any age









It's never too late to quit smoking, and researchers have new data to prove it. Even at the age of 64, kicking the habit can add four years to a person's life, while quitting by age 34 can increase life expectancy by a decade, according to a study published online Wednesday by the New England Journal of Medicine.


After analyzing health data from more than 200,000 Americans, researchers calculated that current smokers were three times more likely to die during the course of the study compared with people who had never smoked. For the most part, their deaths were caused by smoking-related ailments, including heart and lung disease. Overall, their odds of surviving to age 80 were half as good as for never-smokers.


But the study, one of two large-scale surveys in the journal providing updated information on smoking and mortality, saw significant benefits for those who quit. Giving up smoking between the ages of 35 and 44 was associated with a gain of nine years of life, and those who quit between 45 and 54 lived an extra six years.





"The good news is, because the risks are so big, the benefits of quitting are quite substantial," said study leader Prabhat Jha, an epidemiologist and director of the Center for Global Health Research, based in Toronto.


While the U.S. smoking rate has declined to 19.3% among adults, there are still an estimated 45.3 million smokers in this country, according to the Centers for Disease Control and Prevention. Cigarette use is responsible for about 443,000 U.S. deaths each year, the CDC says.


Using the National Health Interview Survey, the researchers followed 113,752 women and 88,496 men in the U.S. between 1997 and 2004, categorizing them as smokers (at least 100 cigarettes within their lifetime), former smokers (no smoking within the last five years) and never-smokers. Former smokers were held to the five-year rule in order to weed out those who were already in declining health because of potentially fatal smoking-related diseases.


The researchers checked death records in 2006 and found that 8,236 of the women and 7,479 of the men had died. By comparing mortality rates among the groups, Jha's team calculated that women between the ages of 25 and 79 who were current smokers were three times more likely to die than women who never smoked. Among men in that age group, those who still smoked were 2.8 times more likely to die than never-smokers. The results were adjusted for age, education, body mass index and alcohol consumption, since smokers tended to be thinner, have less education and be more likely to drink.


The vast difference in mortality rates is partly due to the increasing health standards of the nonsmoking population, Jha said.


The second study examined mortality rates over half a century in 2.2 million people 55 and older — possibly the largest such survey undertaken, said lead author Michael Thun, recently retired from his work as a cancer epidemiologist with the American Cancer Society.


Thun's survey measured trends in death rates across three time periods: 1959 to 1965, 1982 to 1988 and 2000 to 2010.


The analysis revealed a worrying trend that also cropped up in Jha's study: Women's death rates from smoking, which had long lagged behind men's, had pulled even.


Consider lung cancer. In the early 1960s, women smokers were 2.73 times more likely to die from lung cancer than their nonsmoking counterparts; by 2010, they were 25.66 times more likely to die of the disease, Thun found. (Male smokers' relative risk of dying of lung cancer rose from 12.22 to 24.97 over the same period.)


"It's staggering," Thun said.


It's an unsurprising glass ceiling to break, doctors said. Women began smoking routinely after World War II, about two decades after men took up the habit, so it was only a matter of time until their mortality rates caught up.


The two papers did not draw distinctions between people who smoked a pack a day and those who might smoke just a few cigarettes a day, said Dr. Steven Schroeder, director of the Smoking Cessation Leadership Center at UC San Francisco. A next step in terms of study would be "to find out how much less health problems there are for smokers who smoke fewer cigarettes," he said.


Taken together, the studies point to a need for far more effective efforts to reach potential and current smokers, Schroeder added.


The message needs to get out to young and old smokers alike, he said: "There's a ray of hope. It's never too late to quit."


amina.khan@latimes.com





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A Google-a-Day Puzzle for Jan. 24











Our good friends at Google run a daily puzzle challenge and asked us to help get them out to the geeky masses. Each day’s puzzle will task your googling skills a little more, leading you to Google mastery. Each morning at 12:01 a.m. Eastern time you’ll see a new puzzle posted here.


SPOILER WARNING:
We leave the comments on so people can work together to find the answer. As such, if you want to figure it out all by yourself, DON’T READ THE COMMENTS!


Also, with the knowledge that because others may publish their answers before you do, if you want to be able to search for information without accidentally seeing the answer somewhere, you can use the Google-a-Day site’s search tool, which will automatically filter out published answers, to give you a spoiler-free experience.


And now, without further ado, we give you…


TODAY’S PUZZLE:



Note: Ad-blocking software may prevent display of the puzzle widget.




Ken is a husband and father from the San Francisco Bay Area, where he works as a civil engineer. He also wrote the NYT bestselling book "Geek Dad: Awesomely Geeky Projects for Dads and Kids to Share."

Read more by Ken Denmead

Follow @fitzwillie and @geekdads on Twitter.



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“Thrift Shop” bests Timberlake’s “Suit & Tie” on Billboard chart






LOS ANGELES (Reuters) – Justin Timberlake’s first single in five years – “Suit & Tie” – fell short of sales expectations for its first week and was kept from the top spot on the Billboard digital songs chart by a novelty rap act.


“Suit & Tie,” which features rapper Jay-Z, sold 314,000 downloads, according to figures released on Wednesday by Nielsen SoundScan.






Industry experts had expected about 350,000 downloads for Timberlake’s widely publicized single, which precedes a new album later in 2013 – his first since 2006.


But Timberlake, 31, who has been focused on building a Hollywood acting career, was dressed down on the digital chart by Macklemore and Ryan Lewis’ “Thrift Shop” featuring rapper Wanz, which sold some 341,000 downloads in the week ending on January 20.


It was the second consecutive week atop the digital songs chart for the novelty rap song about eschewing designer clothes for a second-hand look.


Timberlake will perform his first concert in five years during a private Super Bowl-related event in New Orleans on February 2, DirectTV announced on Wednesday. The invitation-only concert will not be shown on TV, the satellite providers said.


On the Billboard 200 album chart, rapper A$ AP Rocky’s debut album “Long.Live.A$ AP” entered at the top spot, selling about 139,000 units last week.


The New York rapper outpaced the child-focused compilation “Kidz Bop 23,” also in its first week, that features children performing recent pop hits.


“Kidz Bop 23″ sold 78,000 units last week and the series of albums have sold some 13.3 million albums since its 2001 debut.


TOMLIN TUMBLES


The soundtrack to musical-film “Pitch Perfect” landed at the No. 3 spot on the Billboard 200 and was followed by country-pop starlet Taylor Swift’s “Red” and singer Bruno Mars’ “Unorthodox Jukebox” in the top five.


The soundtrack to the stage-to-screen adaptation of musical “Les Miserables” fell to sixth from third, failing to capitalize on three big wins at the Golden Globe Awards, Hollywood’s second-biggest prize to the Oscars, on January 13.


Last week’s top album, “Burning Lights” by Christian singer-songwriter Chris Tomlin, tumbled to No. 22 on the chart. The album’s sharp fall was expected as opening week sales were largely boosted by pre-orders through churches and a national Christian convention, Billboard said.


Album sales for the past week totaled 4.97 million, down 2 percent from the same week last year, but year-to-date album sales were up 2 percent from 2012, totaling 16.32 million so far in 2013.


Some 27.82 million songs were downloaded last week, which was flat compared with the same week last year. A total of 91.17 million songs have been downloaded in 2013, a rise of 2 percent.


(Reporting by Eric Kelsey; Editing by Jill Serjeant and Mohammad Zargham)


Music News Headlines – Yahoo! News




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Well: Long Term Effects on Life Expectancy From Smoking

It is often said that smoking takes years off your life, and now a new study shows just how many: Longtime smokers can expect to lose about 10 years of life expectancy.

But amid those grim findings was some good news for former smokers. Those who quit before they turn 35 can gain most if not all of that decade back, and even those who wait until middle age to kick the habit can add about five years back to their life expectancies.

“There’s the old saw that everyone knows smoking is bad for you,” said Dr. Tim McAfee of the Centers for Disease Control and Prevention. “But this paints a much more dramatic picture of the horror of smoking. These are real people that are getting 10 years of life expectancy hacked off — and that’s just on average.”

The findings were part of research, published on Wednesday in The New England Journal of Medicine, that looked at government data on more than 200,000 Americans who were followed starting in 1997. Similar studies that were done in the 1980s and the decades prior had allowed scientists to predict the impact of smoking on mortality. But since then many population trends have changed, and it was unclear whether smokers today fared differently from smokers decades ago.

Since the 1960s, the prevalence of smoking over all has declined, falling from about 40 percent to 20 percent. Today more than half of people that ever smoked have quit, allowing researchers to compare the effects of stopping at various ages.

Modern cigarettes contain less tar and medical advances have cut the rates of death from vascular disease drastically. But have smokers benefited from these advances?

Women in the 1960s, ’70s and ’80s had lower rates of mortality from smoking than men. But it was largely unknown whether this was a biological difference or merely a matter of different habits: earlier generations of women smoked fewer cigarettes and tended to take up smoking at a later age than men.

Now that smoking habits among women today are similar to those of men, would mortality rates be the same as well?

“There was a big gap in our knowledge,” said Dr. McAfee, an author of the study and the director of the C.D.C.’s Office on Smoking and Public Health.

The new research showed that in fact women are no more protected from the consequences of smoking than men. The female smokers in the study represented the first generation of American women that generally began smoking early in life and continued the habit for decades, and the impact on life span was clear. The risk of death from smoking for these women was 50 percent higher than the risk reported for women in similar studies carried out in the 1980s.

“This sort of puts the nail in the coffin around the idea that women might somehow be different or that they suffer fewer effects of smoking,” Dr. McAfee said.

It also showed that differences between smokers and the population in general are becoming more and more stark. Over the last 20 years, advances in medicine and public health have improved life expectancy for the general public, but smokers have not benefited in the same way.

“If anything, this is accentuating the difference between being a smoker and a nonsmoker,” Dr. McAfee said.

The researchers had information about the participants’ smoking histories and other details about their health and backgrounds, including diet, alcohol consumption, education levels and weight and body fat. Using records from the National Death Index, they calculated their mortality rates over time.

People who had smoked fewer than 100 cigarettes in their lifetimes were not classified as smokers. Those who had smoked at least 100 cigarettes but had not had one within five years of the time the data was collected were classified as former smokers.

Not surprisingly, the study showed that the earlier a person quit smoking, the greater the impact. People who quit between 25 and 34 years of age gained about 10 years of life compared to those who continued to smoke. But there were benefits at many ages. People who quit between 35 and 44 gained about nine years, and those who stopped between 45 and 59 gained about four to six years of life expectancy.

From a public health perspective, those numbers are striking, particularly when juxtaposed with preventive measures like blood pressure screenings, colorectal screenings and mammography, the effects of which on life expectancy are more often viewed in terms of days or months, Dr. McAfee said.

“These things are very important, but the size of the benefit pales in comparison to what you can get from stopping smoking,” he said. “The notion that you could add 10 years to your life by something as straightforward as quitting smoking is just mind boggling.”

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Media Decoder Blog: A Resurgent Netflix Beats Projections, Even Its Own

9:12 p.m. | Updated For all those who have doubted its business acumen, Netflix had a resounding answer on Wednesday: 27.15 million.

That’s the number of American homes that were subscribers to the streaming service by the end of 2012, beating the company’s own projections for the fourth quarter after a couple of quarters of underwhelming results.

Netflix’s growth spurt in streaming — up by 2.05 million customers in the United States, from 25.1 million in the third quarter — was its biggest in nearly three years, and helped the company report net income of $7.9 million, surprising many analysts who had predicted a loss.

The results reflected just how far Netflix has come since the turbulence of mid-2011, when its botched execution of a new pricing plan for its services — streaming and DVDs by mail — resulted in an online flogging by angry customers. Investors battered its stock price, sending it from a high of around $300 in 2011 to as low as $53 last year.

“It’s risen from the ashes,” said Barton Crockett, a senior analyst at Lazard Capital Markets. “A lot of investors have been very skeptical that Netflix will work. With this earnings report, they’re making a strong argument that the business is real, that it will work.”

Investors, cheered by the results, sent Netflix shares soaring more than 35 percent in after-hours trading Wednesday. The stock had ended regular trading at $103.26.

Netflix’s fourth-quarter success was a convenient reminder to the entertainment and technology industries that consumers increasingly want on-demand access to television shows and movies. Streaming services by Amazon, Hulu and Redbox are all competing on the same playing field, but for now Netflix remains the biggest such service, and thus a pioneer for all the others.

“Our growth and our competitors’ growth shows just how large the opportunity is for Internet TV, where people get to control their viewing experience,” Netflix’s chief executive, Reed Hastings, said in a telephone interview Wednesday evening.

Questions persist, though, about whether Netflix will be able to attract enough subscribers to keep paying its ever-rising bills to content providers, which total billions of dollars in the years to come. The company said on Wednesday that it might take on more debt to finance more original programs, the first of which, the political thriller “House of Cards,” will have its premiere on the service on Feb. 1. Netflix committed about $100 million to make two seasons of “House of Cards,” one of five original programs scheduled to come out on the service this year.

“The virtuous cycle for us is to gain more subscribers, get more content, gain more subscribers, get more content,” Mr. Hastings said in an earnings conference call.

The company’s $7.9 million profit for the quarter represented 13 cents a share, surprising analysts who had expected a loss of 12 cents a share. The company said revenue of $945 million, up from $875 million in the quarter in 2011, was driven in part by holiday sales of new tablets and television sets.

Netflix added nearly two million new subscribers in other countries, though it continued to lose money overseas, as expected, and said it would slow its international expansion plans in the first part of this year.

The “flix” in Netflix, its largely forgotten DVD-by-mail business, fared a bit better than the company had projected, posting a loss of just 380,000 subscribers in the quarter, to 8.22 million. The losses have slowed for four consecutive quarters, indicating that the homes that still want DVDs really want DVDs.

On the streaming side, Netflix’s retention rate improved in the fourth quarter, suggesting growing customer satisfaction.

Asked whether the company’s reputation had fully recovered after its missteps in 2011, Mr. Hastings said, “We’re on probation at this point, but we’re not out of jail.”

He has emphasized subscriber happiness, even going so far as to say on Wednesday that “we really want to make it easy to quit” Netflix. If the exit door is well marked, he asserted, subscribers will be more likely to come back.

The hope is that original programs like “House of Cards” and “Arrested Development” will lure both old and new subscribers to the service. Those programs, plus the film output deal with the Walt Disney Company announced in December, affirm that Netflix cares more and more about being a gallery — with showy pieces that cannot be seen anywhere else — and less about being a library of every film and TV show ever made.

“They’re morphing into something that people understand,” said Mr. Crockett of Lazard Capital.

Mr. Hastings said this had been happening for years, but that it was becoming more apparent now to consumers and investors.

Mr. Hastings’s letter to investors brought up the elephant in the room, the activist investor Carl C. Icahn, who acquired nearly 10 percent of the company’s stock last October. Mr. Icahn, known for his campaigns for corporate sales and revampings, stated then that Netflix “may hold significant strategic value for a variety of significantly larger companies.”

Netflix subsequently put into place a shareholder rights plan, known as a poison pill, to protect itself against a forced sale by Mr. Icahn.

The company said on Wednesday, “We have no further news about his intentions, but have had constructive conversations with him about building a more valuable company.”

Factoring in the stock’s 30 percent rise since November and the after-hours action on Wednesday, Mr. Icahn’s stake has now more than doubled in value, to more than $700 million from roughly $320 million.

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