Santa Ana man accused of stealing dead father's benefits









A Santa Ana man was charged with fraudulently collecting more than $100,000 of his deceased father's Social Security benefits Tuesday after bones believed to be those of his father were found in the backyard of his former home, officials said.


Larry Thomas Dominguez, 65, faces a felony count of theft by embezzlement, with sentencing enhancements for aggravated white-collar crime over $100,000, the Orange County district attorney's office announced. Dominguez's arraignment was postponed Tuesday.


Prosecutors allege that Dominguez collected more than $1,100 a month between his father's death in May 2005 and January of this year. If convicted, he faces a maximum of four years in prison.





Authorities began investigating Dominguez on Sunday after a human skeleton was discovered during a renovation project at a home he used to own in the 2500 block of North Hesperian Street, Santa Ana police Cpl. Anthony Bertagna said. Though an autopsy did not immediately identify the remains, Bertagna said Tuesday that they were believed to be those of Dominguez's father, Wallace Benjamin Dominguez.


There is no death certificate for Wallace Dominguez, Bertagna said, and authorities do not know how he died. Investigators were able to pinpoint May 2005 as his date of death.


Wallace Dominguez, in his late 70s at the time of his death, lived at the home with his son, Bertagna said. Larry Dominguez's mother also lived at the home, Bertagna said — but investigators have a death certificate for her.


"As a homicide detective, the question begs: Did he murder him and has been collecting the benefits?" Bertagna said. "Or did he die and he just took that opportunity to bury him and continue on with his benefits?"


Larry Dominguez was originally arrested on suspicion of homicide, but prosecutors filed the embezzlement charges as authorities continue to investigate the manner of death, Bertagna said, adding "there's a lot of work to be done."


"This is a first for me," he said of the case. "I'm sure they exist, but it's the first I know."


kate.mather@latimes.com





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<em>Apple v. Samsung</em>: Judge Rules Samsung Did Not Willfully Infringe



Judge Lucy Koh of the Northern District of California ruled late Tuesday that Samsung did not willfully infringe Apple’s design and utility patents in the Apple v. Samsung case. Koh reasserted that Samsung did in fact violate Apple’s intellectual property, though.


This post-trial ruling partially counters August’s jury determination, which found Samsung willfully in violation of seven of Apple’s design and utility patents. These covered the design of Apple’s iPad and iPhone products, as well as essential user interface elements. Apple was not found to infringe on any of Samsung’s intellectual property.


Judge Koh explained in a seven page order that to constitute willful infringement, Apple must “prove by clear and convincing evidence that there was an ‘objectively high likelihood that its actions constituted infringement of a valid patent.’” Koh, going patent by patent, determined that in each case the violation was not willful.


Apple and Samsung’s legal battles in this case began over a year ago, and went to trial in August. A nine-member jury then awarded Apple $1.05 billion, and because the jury ruled the infringement was willful, the monetary damages could have tripled in post trial deliberations. At a post trial hearing in December, Koh heard arguments from each party as to whether the damages were appropriate, if any of Samsung’s products should be banned for sale in the U.S., and if the jury decision should be thrown out. Although the jury originally ruled heavily in Apple’s favor, Judge Koh’s post trial decisions have lessened damages for Samsung.


In addition to addressing willful infringement in Tuesday’s ruling, Samsung’s motion for a new trial was denied, and Judge Koh ruled Apple would not be getting three times its originally awarded damages amount.


“Given that Apple has not clearly shown how it has in fact been undercompensated for the losses it has suffered due to Samsung’s dilution of its trade dress, this Court, in its discretion, does not find a damages enhancement to be appropriate,” Judge Koh wrote.


She explained that Apple delivered an inconsistent argument, first claiming money could not compensate Apple for the harm it had been dealt by Samsung’s actions, then requesting $400 million in compensation.



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Muse to play anniversary gig for War Child charity






LONDON (Reuters) – British rock band Muse will headline a gig in London next month to mark the 20th anniversary of War Child, a charity that aims to protect young victims of conflicts around the world.


The gig on February 18 at the Shepherd’s Bush Empire will be the fifth time War Child has staged a concert in association with the BRIT Awards, Britain’s top pop honors which take place this year at the O2 Arena on February 20.






War Child is to receive the inaugural Special Recognition Award at the ceremony, while Muse has been nominated for best British group and best British live act.


Muse’s song “Survival” was chosen as the official song for the Olympic Games in London last year.


The BRIT Awards Concerts at the 2,000-capacity Empire have raised more than 600,000 pounds ($ 945,000) for War Child and included performances from Coldplay, The Killers, Blur and Kasabian.


“We are proud to have a continuing association with War Child, who have been doing amazing work over the last 20 years,” said Muse lead singer Matt Bellamy.


“It’s great to see their efforts being recognized at this year’s BRITs and we are really looking forward to playing this special show for them,” he added in a statement.


War Child UK says it has changed and saved the lives of some 800,000 children in war-affected countries including Bosnia, Rwanda, Afghanistan and Iraq.


(Reporting by Mike Collett-White)


Music News Headlines – Yahoo! News





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Super Bowl: At Media Day, Spotlight on Head Injuries Grows


Chang W. Lee/The New York Times


Coach Jim Harbaugh arranged his 49ers for a Super Bowl photo at the Super Dome.







NEW ORLEANS — It has become a staple of Super Bowl week, as much a part of the pregame to the N.F.L.’s biggest event as the annual media day: a discussion of how football is being affected by head injuries and the mounting evidence that long-term brain damage can be linked to injuries sustained on the field.




Years ago, players rarely spoke about the issue and league officials dismissed suggestions that on-field injuries could lead to life-altering health problems. Now, however, the league is facing lawsuits from thousands of former players, rules are being instituted in an attempt to diminish injuries on the field and even President Obama has said that the way football is played will have to change. This week, Bernard Pollard, a hard-hitting safety for the Baltimore Ravens, created a stir by saying that the N.F.L. would not exist in 30 years because of the rules changes designed with safety in mind, but that he also believed there would be a death on the field at some point.


At media day Tuesday, players reacted to the comments made by Pollard and Obama, with some agreeing with Pollard that recent rules changes would change the sport to such an extent that it would be less entertaining and lead to a loss of popularity. Pollard stood by his comments. He added, however, that while he was comfortable with the physical risk he was taking by playing football, he was not sure he would want future generations, including his 4-year-old son, to follow his example.


“My whole stance right now is that I don’t want him to play football,” Pollard said. “Football has been good to me. It has been my outlet. God has blessed me with a tremendous talent to be able to play this game. But we want our kids to have things better than us.”


He said he did not want his son to go through the aches and pains caused by the physicality of the game.


“You keep playing football, you’re going to have your injuries, no one is exempt from that,” he said. “You’re going to have concussions. You’re going to have broken bones. That’s going to happen. But I think for the most part, we know what we signed up for.”


The sentiment was echoed by Baltimore quarterback Joe Flacco. “I play the game and I understand that I’m going to get hit,” Flacco said. “Just because they fine the guys is not going to stop them from hitting me. I find it tough to fine people who are doing their job.”


In a recent interview with The New Republic, Obama expressed concern about on-field injuries, though he added that N.F.L. players were grown men who are “well-compensated for the violence they do to their bodies.”


The president added: “I think that those of us who love the sport are going to have to wrestle with the fact that it will probably change gradually to try to reduce some of the violence. In some cases, that may make it a little bit less exciting, but it will be a whole lot better for the players, and those of us who are fans maybe won’t have to examine our consciences quite as much.”


While many current players seem focused on rules changes and how they will affect the nature of the game, more than 4,000 former N.F.L. players have filed a lawsuit against the league, contending that it knew hits to the head could lead to long-term brain damage but did not share that information with players. The judge in the case said Tuesday that she would hear oral arguments April 9 regarding the league’s motion to dismiss the lawsuit. The family of Junior Seau, a former star linebacker who shot and killed himself last year, has also sued the N.F.L., claiming it failed to inform players about the risks of brain injury.


Pollard’s counterparts on the San Francisco 49ers, safeties Dashon Goldson and Donte Whitner, considered one of the hardest-hitting tandems in the N.F.L., thought the key was not removing big hits, but making sure the hits that are delivered are legal.


“You can be vicious and you can hit people hard, but do it the right way,” Whitner said. “For the most part, you know what you can and cannot do. Do you want to go out there and do the right things or do you want to make that big hit to gain a big name? That’s what it comes down to.”


Ravens guard Marshal Yanda said he thought the topic was so personal for Pollard because of the unique nature of being a hard-hitting defensive back, one of the positions most affected by the league’s attempts to increase player safety.


“I think Bernard is frustrated because he plays a tough position where it’s a bang-bang play and he’s getting fined,” Yanda said. “That’s a tough deal as far as him playing football his whole life knowing how to play one way and then all of a sudden you have to change.”


One of the few people to disagree entirely with Pollard’s view that skewing the rules to protect offensive players would harm the league was Warren Sapp, a retired defensive tackle who at one point went by the Twitter handle @QBKilla. He said a desire for points would always result in defenses being limited.


“They like points,” Sapp said. “I like it too. You’re going to have to make some key stops here and there but it’s an offensive game, no doubt about it.”


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DealBook: MF Global's Bankruptcy Closes In on Happy Conclusion

When Mahesh Desai checked his MF Global account 15 months ago, his $580,000 nest egg was gone.

Like thousands of investors and farmers who had their savings with MF Global, Mr. Desai lost his money in the brokerage firm’s chaotic final days. Regulators discovered that $1.6 billion was trapped in a web of improper wire transfers, a stunning breach that sent federal investigators scrambling to build a case.

On Thursday, a bankruptcy court will review a proposal that would return 93 percent of the missing money to customers like Mr. Desai. And the trustee who has submitted the proposal, James W. Giddens, has quietly identified a way that, if sent to the judge and approved, could plug the remaining shortfall for customers in the United States, according to people involved in the case.

The broad push to make MF Global customers nearly whole, a goal now surprisingly within reach, is a remarkable turnaround from the firm’s 2011 bankruptcy filing when such a recovery seemed impossible.

“I’m surprised that, magically, the money has shown up,” said Mr. Desai, a software account executive who, like most customers in the United States, has only 80 percent of his money. “I feel very relieved.”

Customers are not the only ones exhaling. The hearing on Thursday presents a turning point for several major players in the MF Global case, including the firm’s trustees, creditors and former executives.

For one, Mr. Giddens late last year made peace with an overseas administrator tending to the firm’s British unit and Louis J. Freeh, the MF Global trustee recovering money for creditors. The pact ended a bitter fight over access to limited resources.

And Jon S. Corzine, the former New Jersey governor who headed MF Global when it collapsed, can now claim some small degree of vindication. The European bonds at the center of a $6.3 billion bet by Mr. Corzine fully paid out when they matured in recent months.

The large position in European sovereign debt in 2011 unnerved MF Global’s investors and ratings agencies. Yet it is now clear that the bonds, which were sold to George Soros and other investors, were not by themselves to blame for felling MF Global. The firm also struggled after a one-time charge depressed its earnings.

Mr. Corzine, a former chief of Goldman Sachs, has started to regain his footing. He spent the summer on Long Island, traveled to France around the holidays and visited Central America for a humanitarian project involving children, setting up what he hopes will become a broader charitable effort. Mr. Corzine, 66, also spends time with his grandchildren and has office space in Midtown Manhattan, where he writes and trades with his own money.

In the most telling indication that Mr. Corzine is taking steps to put MF Global behind him, he was close to cooperating with Richard Ben Cramer, an author and a Pulitzer Prize-winning reporter, on a biography. Mr. Corzine’s lawyers were in the final stages of negotiating with Mr. Cramer this month when the author died from complications of lung cancer.

Despite Mr. Corzine’s progress, he still must shake a nagging federal investigation. While investigators have long doubted their ability to file criminal charges against him, suspecting that chaos and lax controls were at play, rather than outright fraud, they continue stitching together evidence on the firm’s demise.

Federal authorities interviewed the former chief over two days in September, according to people close to the case, a sign that the government saw him more as a witness than a suspect. When prosecutors have damning evidence, they often file charges rather than offer a voluntary interview.

But Mr. Corzine, unsurprisingly, has yet to receive assurances that he is in the clear. And investigators continue to examine one of his statements from the September session, the people close to the case said. The statement involved Mr. Corzine’s recollection about a phone call he had with JPMorgan Chase, which received a suspicious $175 million transfer from MF Global on its last day of business. A spokesman for Mr. Corzine declined to comment on the case.

JPMorgan sought written promises that the money did not belong to customers, but never received such assurances. An e-mail reviewed by The New York Times shows that Edith O’Brien, an MF Global employee who oversaw the transfer, told Mr. Corzine that the money belonged to the firm, not clients.

Ms. O’Brien declined to cooperate with the investigation without receiving immunity from criminal prosecution. But the government is hesitating to grant her request, according to the people close to the case, fearing that doing so would set a bad example for future investigations.

Other MF Global employees, including several who stayed to help unwind the firm, are moving on. Henri Steenkamp, MF Global’s chief financial officer, recently departed. And Bradley Abelow, the firm’s chief operating officer, who worked for Mr. Corzine at Goldman and the New Jersey governor’s mansion, left late last year. Weeks earlier, he bought a $1 million condominium in the Williamsburg neighborhood of Brooklyn, according to property records.

With Mr. Abelow gone, Laurie Ferber, the firm’s general counsel, remains the highest-ranking executive on Mr. Freeh’s payroll.

For Mr. Freeh, the most significant breakthrough came in late December when he joined a deal with Mr. Giddens and the British administrator.

Under the terms of the broad settlement, the administrator will pay an estimated $500 million to $600 million to Mr. Giddens, ending a dispute over customer money trapped overseas. The deal also prompted Mr. Freeh to drop more than $2 billion in claims against Mr. Giddens, who hailed the pact as a “critical milestone.”

“This is the eighth-largest bankruptcy in history and we’ve been able to sprint ahead on some occasions, but this is a marathon,” Mr. Giddens’s spokesman, Kent Jarrell, said in a statement.

The deal, if approved by the bankruptcy judge on Thursday, will enable Mr. Giddens to return up to 93 percent of the money of MF Global’s United States customers. If a series of settlements with JPMorgan and other firms fall into place, people involved in the case said, Mr. Giddens could ultimately return 100 percent of the missing money.

To plug the gap, he must also pursue a small pot of money sitting in MF Global’s general estate, a move that would require court approval. Even if he takes that path, foreign clients will still face significant shortfalls.

For some creditors, the race to recover their millions has moved too slowly. Some have grumbled about the roughly $42 million in fees for Mr. Freeh and other lawyers, focusing on parking bills and first-class air travel.

A group of hedge funds and other companies that held MF Global bonds at the time of the bankruptcy recently introduced a plan to liquidate the firm’s remains and accelerate the payout process. The group, led by Silver Point Capital, said it expected customers to recover 100 percent of their money.

But not every customer will cash in. Some, in desperation, sold their claims last year at 89 or 91 percent to hedge funds and banks. Mr. Desai held out. “My hope has always been 100 percent,” he said.

Mr. Desai credits the turnaround to Mr. Giddens and James L. Koutoulas, a Chicago hedge fund manager who became a voice for thousands of customers whose money disappeared.

While Mr. Koutoulas continues to fight, it has come with collateral damage. After he appeared on CNBC in 2011 to criticize JPMorgan Chase over its role in the bankruptcy, the bank closed his account and froze his credit card. The bank declined to comment.

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Revved up about motorcycles zooming between cars









During his nearly 40 years as a columnist for this newspaper, my late father occasionally tweaked his readers — quite disingenuously — by belittling his cat, knowing the slur would stir invective so passionate and erudite that he could fill another column without having to do much writing of his own.


I had no intention of employing that device when I recently wrote — quite sincerely — in defense of motorcyclists who navigate the space between cars to get ahead on crowded freeways.


To be sure, I knew some motorists would object out of fear of hitting a rider, or annoyed by the intrusion on their space. I was prepared to shrug them off because, I thought, my opinion was based on logic, experience and the law.





How fragile is the hard shell of reason! Among the emails that flooded my inbox, those that left me most humbled were from motorists who mostly agreed with me. But they were hurt by my admonishment that they should not move slightly out of my way.


Specifically, I wrote: "If you want to show solidarity, just hold your course and be sure you're a little in front or a little behind the car beside you."


Joe Edward of Beverly Hills was insulted. "Moving over, even briefly, gives you more room and I, maybe mistakenly, thought it shows courtesy," he wrote. "I thought it was the olive branch between those on four and two wheels, and is confirmed when I get the two-fingered 'thank you' wag from cyclists. When that happens, just for a moment, LA freeways are a nicer place and, yes, to the late Rodney King, we can all just get along.... But now you say NOT to move over? Ok. Forget the olive branch. Forget wanting to get along. It's on!"


I certainly never intended to turn plowshares into swords. And I'd like to think that if Joe knew me personally he'd see I'm not like the name he called me at the end of his email.


But I do apologize. I was myopic when I wrote, "Hold your course." The comment was aimed at drivers who turn their wheels sharply when surprised by a motorcycle. I appreciate drivers who ease slightly left or right, giving me the room to slide by comfortably, but more important letting me know they too are attuned to their surroundings.


And yes, I always give them the wave and momentarily feel better about humanity.


As you may have noticed, motorcyclists also give each other the two-finger salute when passing, a mutual acknowledgment of our membership in a minority that embraces the fun and physics of vehicular transportation along with its practical benefits.


The wave is also a silent bond between boomers like me and gen-whatevers who wear red mohawks on their helmets and wouldn't notice me under any other circumstances.


My aggressiveness in standing up for our somewhat outcast status surprised and pleased many fellow riders.


"Doug! You are the bomb!!!" wrote Arlene Battishill, who produces a line of head-turning women's motorcycle apparel and rides a Kawasaki. "I nearly screamed out loud.... Man oh man, I could just kiss you right now!"


Yes, we can be an exuberant bunch, inebriate of air, as Emily Dickinson so nicely put it. I can't deny that a few respondents castigated me for being irrational and self-aggrandizing, predicted my untimely demise or, worse, implied that such might be the due reward for my impudence.


I think my cat-baiting father would have gotten a sly smile from the reaction of an anonymous trucker who asked, "Ever heard of a CB?


"I know when one of you guys is coming for miles," he wrote, warning that outside my state I could become "road pizza" for riding like a Californian. He claimed to have seen semis "run bikes off in the grass more then once."


To my surprise, though, the critiques that hit home were also from fellow motorcyclists.


Some noted the bad behavior of "squids," those hyper riders who weave back and forth on screaming "crotch rockets." No wonder the "cagers," those dull people imprisoned in their cars, are up in arms.


David Lasher, who makes a continuous video of his commute from Northridge to Santa Monica, sent me a clip of his own crash when a car veered into his lane seemingly in contradiction of my assertion that a motorist cannot swerve fast enough to hit me as I pass by.


Lasher followed the cowboy mantra and got right back on a replacement Suzuki. Another, John Greenwood, told me of his "deal with God" never to ride again after one bad day ended 20 great years of riding.


By carefully parsing these scary stories, I can show that none directly refute the thesis that motorcycles are safer between lanes than in them, assuming a few guidelines are followed. Lasher, for example, conceded that he shouldn't have been lane-splitting in the HOV transition zone. Some materials I got from motorcycle safety experts convinced me further.


But instead of lining up the reaction as pro versus con, I think the collective lesson I've drawn from 100 emails is that Angelenos are up for a reasoned conversation about bettering the quality of life on L.A.'s freeways, the one place that draws us all together, whether we like it or not.


Sandy Driscoll epitomized this conciliatory effect, writing to me about an encounter on Pico Boulevard.


"A motorcyclist very quickly passed me on the left (lane splitting) gave a quick (and I must say, graceful) arm signal, and moved in front of me," she wrote. "Just as quickly, I saw him move in and out of traffic ahead of me, always with an arm signal. It was like an amazing ballet, and I was mesmerized. Thanks for your article."


"Motorcycling is not for me, but I hope you keep spreading the word about its benefits," wrote Dan Brooks of Santa Barbara. "In the meantime, I'll try to heed your driving advice and will offer a respectful salute rather than a New York salute."


Reading numerous such comments I've done some self-searching about my own behavior on the road.


As a result, I find I've become a more conservative, patient and polite rider in the last couple weeks.


So, a two-finger wave to all you "cagers."


doug.smith@latimes.com


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Supernova Remnants: Dazzling Entrails of Violent Stellar Death

Even in death, there can be great beauty. Consider supernova remnants, the results of massive stars dying in great explosions, creating some of the most spectacular cosmic objects around.


Every 50 years or so, a star in our galaxy with more than 10 times the mass of our sun will expire. When such stars die, they go supernova, one of the most violent events in our universe. These explosions shoot off tons of material from the central star at up to 10 percent the speed of light.


Though the area surrounding stars seems empty, it is usually home to vast amounts of interstellar gas and dust. The supernova’s outburst runs into this surrounding material, creating a shockwave and heating it to temperatures greater than 10,000 Celsius. Over thousands of years, the local structure of the gas and dust shapes the stellar outpouring into shells, filaments, and other diffuse forms. Astronomers call these objects supernova remnants.


Supernova explosions and the remnants they leave behind have wide-ranging effects. They heat up the interstellar medium, creating complex chemistry out in space, and are responsible for accelerating protons and other atomic nuclei, which go zipping around the universe as cosmic rays. Perhaps most importantly, supernova explosions generate and liberate heavy elements, such as oxygen, carbon, and all metals, distributing them out into the wider cosmos. These elements eventually find their way into planetary systems, making life possible on at least one world that we know of.


Here, we take a look at some of the most famous and beautiful supernova remnants, giving you a chance to contemplate life, death, and cycles of renewal in the universe.


Above:



The supernova remnant N186 D appears as a bright pink spot at the top of this new image released by NASA on Jan. 28, spewing off tremendous amounts of X-rays. Located in the Large Magellanic Cloud about 160,000 light-years away, the remnant is blowing a huge bubble (the giant structure below the bright spot) as hot wind carves out a shock wave in the surrounding material.


Image: X-ray: NASA/CXC/Univ of Michigan/A.E.Jaskot, Optical: NOAO/CTIO/MCELS

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Conference suggests ways Broadway can be better






NEW YORK (AP) — A conference on how to make the Broadway experience better for theatergoers has come up with some prescriptions: Be brave in the stories that are told onstage and embrace youth and technology.


“Broadway, I don’t think, has boldly gone where it needs to,” said “Star Trek” actor George Takei, riffing off his old show’s motto. “I have a sense that Broadway hasn’t entered into the 21st century.”






The second TEDxBroadway conference on Monday brought together 16 speakers — producers, marketers, entrepreneurs, academics and artists — to try to answer the question: “What is the best Broadway can be?”


“We use the word ‘best’ because the goal of today is to go right past better all the way to the extent of what is possible, even if it seems a little bit outlandish,” said co-organizer Jim McCarthy, the CEO of Goldstar, a ticket retailer.


TEDx events are independently organized but inspired by the nonprofit group TED — standing for Technology, Entertainment, Design — that started in 1984 as a conference dedicated to “ideas worth spreading.” Video of the Broadway event will be made available to the public.


While the health of Broadway is good, with shows yielding a record $ 1.14 billion in grosses last season, some speakers noted that total attendance — 12.3 million last season — hasn’t kept pace, meaning Broadway isn’t always attracting new customers.


Three speakers — one the sister of Facebook’s founder Mark Zuckerberg — argued that new technology means the stage experience doesn’t need to be confined to the four walls of the theater and so can grow new audiences.


David Sabel, who has helped drive the National Theatre of Great Britain into the digital age, pointed out that broadcasts of his stage shows on movie screens across the world haven’t dampened demand at the box office and have actually have themselves become profitable.


“I think in our business, digital is uniquely not a threat but an opportunity,” he said. “What if we could open it up and invite a much greater audience in to speak with us?”


Randi Zuckerberg said the Broadway community could increase visibility by having auditions for minor parts via YouTube, have live tweeters backstage, offer crowd funding to knit people to productions, give walk-on parts for influential figures or even make the Playbills electronic.


“Why should Broadway be limited by physical space? By ticket prices? By the same shows, over and over?” she asked. “Instead of having just a small sliver of the world come to Broadway, why not bring a small piece of Broadway to the entire world?”


And Internet guru Josh Harris said producers need to open the entire process to the outside world, including video cameras backstage to capture actors getting ready and even having the orchestra pit filled with people interacting with the audience via their electronic devices.


The annual gathering centered on Broadway is the brainchild of three men: McCarthy; Ken Davenport, a writer and producer; and Damian Bazadona, the founder of Situation Interactive. It drew 400 people to the off-Broadway complex New World Stages and into the theater where “Avenue Q” usually plays.


Takei in the past few years has grown 3.3 million Facebook friends and leveraged them into audience members to “Allegiance,” his new musical about Japanese-Americans during World War II,


“If I can do it, Broadway certainly can,” the 65-year-old said. “Broadway is at its best when it embraces all of the technological advancements of the time and starts making a lot of friends on social media. Then, as we say on ‘Star Trek,’ Broadway will live long and prosper.”


Thomas Schumacher, the president of the Disney Theatrical Group, slammed the pretentious way some in the theatrical community look at more mainstream shows and scoffed at their disdain for making the audience experience more fun.


“Populism has its own manifest destiny and we need to embrace that,” said Schumacher, who called for a big tent of theatrical options on Broadway and especially shows for children who will return as adults. “What I ask you to do is embrace this audience and maybe even embrace the sippy cup.”


Terry Teachout, drama critic at The Wall Street Journal, soberly pointed out that 75 percent of all Broadway shows fail and then asked that more producers roll the dice on quality.


“If you can’t count on getting rich, then forget playing it safe. Why not take a shot at being great?” he asked. “If there’s ever a time for you to shoot high, this is it. Don’t start out settling for safe. Gamble on great.”


Kristoffer Diaz, the playwright of the Pulitzer Prize finalist “The Elaborate Entrance of Chad Deity,” urged producers to embrace different voices, as they did with “In the Heights” and “Rent.”


“Women, writers of color, transgender, lesbian, gay and bisexual — we need to keep hearing these stories. We need to hear them on Broadway,” he said. “It becomes a lot harder to dismiss somebody out of hand if you’ve spent a couple of hours investing in their story.”


Two speakers with specialty knowledge outside Broadway urged the community to not just focus on putting on a great show.


Susan Reilly Salgado, who has worked with famed restaurant owner Danny Meyer, said his success is not only about creating tasty dishes. Meyer, she said, makes the whole evening fun.


“To say that, in a restaurant, it’s all about the food discounts everyone else who touches the customer experience,” she said. “The best way to get people to come back to you over and over is to create an all-encompassing experience.”


Erin Hoover, the vice president of design for Westin and Sheraton Hotels & Resorts, said Broadway theaters could take a page out of the innovations brought to hotel lobbies, which are now comfortable, inviting and offer new sources of revenue. “The experience for the show really starts at the door.”


Customer service was also a theme touched on by Zachary A. Schmahl, an actor-turned-baker who created Schmackary’s Cookies in his apartment and has watched it grow into a thriving business.


“Customer service is something that people are missing in New York,” he said. “It’s so important in our single-serving culture to be that business that has a heart and a soul alongside a quality product.”


One returning speaker was Vincent Gassetto, the principal of a high-performing public middle school in a tough area of the Bronx, who urged those in attendance to make sure Broadway was on the radar of his best and brightest students.


“It’s in everybody in this room’s best interest that they have an awareness of this industry or we’re never going to win that talent war,” he said. “We’re all going to be competing for them.”


Though the speakers came from different backgrounds and emphasized different prescriptions, they did seem to agree with Daryl Roth, the Pulitzer Prize-winning producer of seven plays, including “Clybourne Park.” She challenged the crowd to think of Broadway in more than just dollars and cents.


“If we share the deep belief that theater matters, that theater can change us and ultimately change the world, then isn’t that the best Broadway can be?” Roth asked.


___


Online:


http://www.goldstar.com/tedxbroadway


___


Follow Mark Kennedy on Twitter at http://twitter.com/KennedyTwits


Entertainment News Headlines – Yahoo! News





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Rescuer Appears for New York Downtown Hospital





Manhattan’s only remaining hospital south of 14th Street, New York Downtown, has found a white knight willing to take over its debt and return it to good health, hospital officials said Monday.




NewYork-Presbyterian Hospital, one of New York City’s largest academic medical centers, has proposed to take over New York Downtown in a “certificate of need” filed with the State Health Department. The three-page proposal argues that though New York Downtown is projected to have a significant operating loss in 2013, it is vital to Lower Manhattan, including Wall Street, Chinatown and the Lower East Side, especially since the closing of St. Vincent’s Hospital after it declared bankruptcy in 2010.


The rescue proposal, which would need the Health Department’s approval, comes at a precarious time for hospitals in the city. Long Island College Hospital, just across the river in Cobble Hill, Brooklyn, has been threatened with closing after a failed merger with SUNY Downstate Medical Center, and several other Brooklyn hospitals are considering mergers to stem losses.


New York Downtown has been affiliated with the NewYork-Presbyterian health care system while maintaining separate operations.


“We are looking forward to having them become a sixth campus so the people in that community can continue to have a community hospital that continues to serve them,” Myrna Manners, a spokeswoman for NewYork-Presbyterian, said.


Fred Winters, a spokesman for New York Downtown, declined to comment.


Presbyterian’s proposal emphasized that it would acquire New York Downtown’s debt at no cost to the state, a critical point at a time when the state has shown little interest in bailing out failing hospitals.


The proposal said that if New York Downtown were to close, it would leave more than 300,000 residents of Lower Manhattan south of Houston Street, including the financial district, Greenwich Village, SoHo, the Lower East Side and Chinatown, without a community hospital. In addition, it said, 750,000 people work and visit in the area every day, a number that is expected to grow with the construction of 1 World Trade Center and related buildings.


The proposal argues that New York Downtown is essential partly because of its long history of responding to disasters in the city. One of its predecessors was founded as a direct result of the 1920 terrorist bombing outside the J. P. Morgan Building, and the hospital has responded to the 1975 bombing of Fraunces Tavern, the 1993 and 2001 attacks on the World Trade Center, and, this month, the crash of a commuter ferry from New Jersey.


Like other fragile hospitals in the city, New York Downtown has shrunk, going to 180 beds, down from the 254 beds it was certified for in 2006, partly because the more affluent residents of Lower Manhattan often go to bigger hospitals for elective care.


The proposal says that half of the emergency department patients at New York Downtown either are on Medicaid, the program for the poor, or are uninsured.


NewYork-Presbyterian would absorb the cost of the hospital’s maternity and neonatal intensive care units, which have been expanding because of demand, but have been operating at a deficit of more than $1 million a year, the proposal said.


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DealBook Column: Mary Jo White, Nominee for S.E.C.'s 'New Sherrif,' Has Worn Banks' Hat

“You don’t want to mess with Mary Jo.”

That’s what President Obama said about his pick to run the Securities and Exchange Commission, Mary Jo White. The nomination of Ms. White, a former prosecutor who took on the terrorists behind the bombing of the World Trade Center in 1993 and the Mafia boss John Gotti, was meant to signal that the S.E.C. would be getting tough on Wall Street. CBS called her “Wall Street’s new sheriff.” The Wall Street Journal said she would be “putting a tougher face on an agency still tainted by embarrassing enforcement missteps in the run-up to the financial crisis.” The New York Times said her appointment represented a “renewed resolve to hold Wall Street accountable.”

Hold on.

While Ms. White is a decorated prosecutor, she has spent the last decade vigorously defending — and billing by the hour — Wall Street’s biggest banks, as a rainmaking partner at the white-shoe law firm Debevoise & Plimpton. The average partner at the firm was paid $2.1 million a year, according to American Lawyer; but she was no average partner, very likely being paid at least double that. Her husband, John W. White, is a corporate partner at Cravath, Swaine & Moore. He counts JPMorgan Chase, Credit Suisse and UBS as clients. The average partner at Cravath makes $3.1 million. He, too, was a former official at the S.E.C. — he left Cravath to run the corporate division of the S.E.C. starting in 2006 just in time for the run-up to the financial crisis. He left in November 2008, a month after the bank bailouts, to return to Cravath.

It seems Mr. and Ms. White have made a fine art of the revolving door between government and private practice.

So how conflicted is Ms. White? Let’s count the ways.

They are well documented: she was JPMorgan Chase’s go-to lawyer for many of the cases brought against it relating to the financial crisis. She was arm-in-arm with Kenneth D. Lewis, Bank of America’s former chief executive, keeping him out of trouble when the New York attorney general accused Mr. Lewis of defrauding investors by not disclosing the losses at Merrill Lynch before completing Bank of America’s acquisition of the firm. (And empirically, Mr. Lewis did keep crucial information about the deal from investors.)

This is what she had to say about Mr. Lewis, in a court filing submitted on his behalf: “Some have looked to assign blame for every aspect of the financial crisis, even where there is no evidence of misconduct. This case is a product of that dynamic and does not withstand either legal or factual scrutiny.” It was a refrain she often made about her clients related to the financial crisis.

And then there was Senator Bill Frist, the Republican from Tennessee, whom she successfully represented when the S.E.C. and the Justice Department started an investigation into whether he was involved in insider trading in shares of HCA, the hospital chain. She persuaded them to shut down the investigation.

She also worked with Siemens, the German industrial giant, when it pleaded guilty to charges of bribery, paying a record $1.6 billion penalty.

And then, of course, there was John Mack. She worked for the board of Morgan Stanley during a now well-publicized 2005 investigation into insider trading that ended soon after she made a phone call to the S.E.C. Using her connections at the top of the agency, she dialed up Linda Thomsen, then the commission’s head of enforcement, to find out whether Mr. Mack, who was being considered for Morgan Stanley’s chief executive position, was being implicated. He ultimately wasn’t. As the Huffington Post pointed out in a recent article about Ms. White, Robert Hanson, an S.E.C. supervisor, later testified, “It is a little out of the ordinary for Mary Jo White to contact Linda Thomsen directly, but that White is very prestigious and it isn’t uncommon for someone prominent to have someone intervene on their behalf.”

All of Ms. White’s previous engagements create not only an “optics” problem, but a practical, on-the-job problem. She will most likely need to recuse herself from just about anything related to her previous work.

“I will not for a period of two years from the date of my appointment participate in any particular matter involving specific parties that is directly and substantially related to my former employer or former clients, including regulations and contracts,” is the language in an ethics pledge that she will have to agree to follow.

Some appointees, including Mary L. Schapiro, the former chairwoman of the S.E.C., recused themselves from any involvement in work that was related to a previous employer even after the two-year moratorium. Gary Gensler, the chairman of the Commodity Futures Trading Commission, recused himself from the investigation into MF Global because of his previous employment at Goldman Sachs, where Jon Corzine was the firm’s head, even though it had been years since the two had worked together.

And then there is the issue of Mr. White’s husband, who will have a continuing role at Cravath, one of the most pre-eminent firms in the country, whose clients include some of the nation’s largest corporations.

“This president has adopted the toughest ethics rules of any administration in history,” said Amy Brundage, a White House spokeswoman, “and this nominee is no exception. As S.E.C. chair, Mary Jo White will be in complete compliance with all ethics rules.”

None of these conflicts gets at another potential problem for Ms. White. The job of chairwoman of S.E.C. isn’t simply about enforcement; she has a deputy for that. The biggest challenge anyone who takes the job will have to confront over the next several years will be executing and enforcing provisions of Dodd-Frank and working to regulate electronic trading — something that even the most sophisticated financial professionals, let alone a lawyer, often have a tough time understanding. She has zero experience in this area.

Of course, there can always be a value to inviting a onetime rival onto the team.

“I believe she is one of those people who will understand that her public role will be very, very different than her role as a defense lawyer,” Dennis M. Kelleher of Better Markets, a watchdog group, told me. “I don’t think she’s going to be like so many others who don’t get that they have a very different role when they hold high public office.

“No question, she’s said some things that are controversial and questionable,” Mr. Kelleher said. “Moreover, I hope and expect that she will be asked publicly about them in the confirmation process and that she will have convincing answers.”

Of course, if she is confirmed, we must all hope that she can put her previous client relationships behind her and work for her new client — us.

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