Herbalife executives counter hedge fund's 'pyramid' allegation









NEW YORK -- The investor presentation featured protein shakes and granola bars, entreaties for more hugs in the world, and accusations of lies and snobbery, all to counter a $1-billion bet that Herbalife, the Southern California company, will soon go down the tubes.


Who says Wall Street is more boring these days?


The presentation was the latest move in a battle between Herbalife, which sells nutrition powders, bars and vitamins through a network of individual distributors, and Bill Ackman, founder and chief of Pershing Square Capital Management. During a Dec. 20 presentation about Herbalife, Ackman called Herbalife a “sophisticated pyramid scheme,” sending its share price plunging 36%. He has said he expects Herbalife stock eventually to fall to zero, and has sold short more than 20 million shares of the stock.





During Thursday’s presentation, held in a room at the Four Seasons hotel in Manhattan where analysts and investors were given Herbalife protein shakes and granola bars, Herbalife executives took on Ackman’s presentation slide by slide, accusing him of “false statements,” “distortions,” and “misrepresentations.”


“In recent weeks, there's been a tremendous amount of misinformation about Herbalife,” said company Chief Executive Michael Johnson. “This misinformation has found its way into the marketplace. Therefore we are sitting with you to correct some of this today.”


While the presentation featured videos from distributors, statistics about research and development and the cost of Herbalife products compared with competing products, the most germane point to Ackman’s presentation focused on the company’s distributors. Ackman argued that distributors make money not when they sell products, but when they recruit other distributors, meaning that only the people at the top of the company make money.


To debunk that claim, Herbalife hired Lieberman Worldwide Research to find out who was buying the product and why distributors joined the company.  Research presented by Kim Rory of Lieberman indicated people joined the company to get a discount on the products, that few hoped to make more than $6,000, and that two-thirds of former distributors would recommend the company to a friend.


“Shane, you’ve got it wrong,” said Herbalife President Des Walsh, referring to Shane Dineen, a Pershing analyst. “How you can get such basic facts wrong is really a mystery to us.”


Walsh also accused Pershing of “snobbery” in its portrayal of Herbalife’s nutrition clubs, scattered across the county, which Pershing said were mostly empty. He showed a video of Herbalife clubs, reminding the buttoned-up audience that aside from shakes and tea at nutrition clubs, people also get hugs.


“The world needs more hugs,” said Walsh, who was channeling Rob Lowe’s character Chris Traeger from the NBC comedy "Park and Recreation," by repeatedly using the world “literally.”


The audience at the meeting seemed generally supportive of Herbalife, but many said they would have liked more information including clarification of the company’s fourth-quarter results.


After the meeting, Ackman responded with a statement saying, "Herbalife promised to provide a detailed refutation of each of the facts that we enumerated. ... Instead, the company distorted, mischaracterized, and outright ignored large portions of our presentation."


The battle is likely to last for some time. On Wednesday, hedge fund firm Third Point said it was taking an 8.2% stake in Herbalife, betting that the company would survive Ackman's assault, and the SEC said it had opened an investigation into the company.


Herbalife has hired a battalion of crisis PR firms, research companies and advertising agencies to prove that it has a legitimate and stable business model despite the claims of Ackman, who has spent a year and lots of money trying to take the firm down.


If investors in the old Wall Street could be accused of making big bets on things they didn’t fully understand, the Herbalife battle could be seen as the opposite – millions of dollars of resources dedicated to researching the structure of a company that many analysts haven’t thought twice about.


“Just the very nature of the ‘battle’ has never been seen in the history of the earth,” said Tim Ramey, an analyst with D.A. Davidson and Co. “This was a very, very orchestrated attack.”


ALSO:


Herbalife shares fall on manager's query

Third Point takes 8.2% stake in Herbalife


Herbalife shares rally as some investors go long





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Nintendo president describes Wii U sales as ‘not bad’






Nintendo’s (NTDOY) new Wii U gaming console came out of the gate strong and saw first-week sales reach 400,000 units in the U.S., however sales have since stalled and the system has been labeled a flop by some. While consumer interest in the company’s new console has slowed right out of the gate, Nintendo’s president recently said that he isn’t worried even though sales aren’t where he hoped they would be.


[More from BGR: Smooth sailing is over for Apple]






“At the end of the Christmas season, it wasn’t as though stores in the U.S. had no Wii U left in stock, as it was when Wii was first sold in that popular boom,” Nintendo President Satoru Iwata said in an interview with Reuters. “But sales are not bad, and I feel it’s selling steadily.”


[More from BGR: New ‘higher-end’ iPhone reportedly launching by June, low-end model could be coming as well]


The executive declined to give specific details on sales or forecasts, although he did say that Nintendo plans to focus on developing attractive software for its 3DS handheld to appeal to new users, and will seek new ways to increase Wii U sales in a changing market.


Nintendo previously announced that it hopes to sell 5.5 million Wii U devices by the end of March and more than 24 million Wii U games in the same timeframe.


This article was originally published by BGR


Gaming News Headlines – Yahoo! News





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Baseball Hall of Fame: Barry Bonds, Roger Clemens, Mike Piazza shut out









No players were elected to the National Baseball Hall of Fame this year in a polarizing vote that reopened the wounds of the steroid era.


Home run king Barry Bonds, owner of baseball’s most cherished record, was resoundingly rejected. So was pitcher Roger Clemens, who risked prison time by challenging allegations that he used steroids and successfully defended himself against perjury charges.


Craig Biggio came closest to election, getting 68.2% of the vote and falling 39 votes short. With 569 members of the Baseball Writers' Assn. of America returning ballots, 427 votes were required to meet the 75% standard for election.





This is only the eighth time since 1936 that no player has been elected by the baseball writers.


Former Detroit Tigers ace Jack Morris was second in the balloting with 67.7%. Jeff Bagwell got 59.6%, followed by Mike Piazza at 57.8% and Tim Raines at 52.2%.


For the first time since 1960, the Hall of Fame -- located in Cooperstown, N.Y. -- will host a ceremony with no living inductees. The July 28 ceremony will honor the three inductees selected by a committee on baseball’s pre-integration era, but all of those inductees have been dead for at least 74 years.


Bonds, who holds the career and single-season home-run records, is the only seven-time most valuable player. Clemens is the only seven-time Cy Young Award winner.


Yet their links to alleged steroid use turned each player from a first-ballot lock into an also-ran, with voters sharply divided among those who deny induction to any player with ties to performance-enhancing drugs, those who prefer to wait and see what further information might emerge about those players, and those who vote for the most dominant players whatever their era.


Clemens was named on 37.6% of the ballots; Bonds on 36.2%. Sammy Sosa received only 12.5%.


Players remain on the ballot for 15 years, provided they receive at least 5% of the vote.


Dale Murphy, a two-time National League MVP, got 18.6% in his 15th and final year on the ballot. Morris will be on the ballot for the final time next year.


Mark McGwire, who had gotten no more than 23.7% in six previous appearances on the ballot, got 16.9% this time. McGwire is about to start his first season as hitting coach for the Dodgers.


McGwire and Sosa were credited with reviving the sport in 1998 when the two players staged a fabled battle for the single-season home-run record. McGwire won with 70, and Sosa finished with 66.


In 2001, Bonds hit 73 home runs, a record that stands.


McGwire has since admitted to steroid use. Sosa has not, although the New York Times reported he failed a steroid test in 2003, the year before baseball started identifying and penalizing offenders.


Bonds leads the all-time home-run list at 762, with Sosa eighth at 609 and McGwire 10th at 583. The trio are the only men to hit more than 62 home runs in a season – Bonds did it once, McGwire twice and Sosa three times.


ALSO:


Suspicious minds could keep Mike Piazza out of the Hall


What if they gave a Hall of Fame ceremony and no one came?


Dodger Stadium remodel to include wider concourses, new scoreboard





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Zsa Zsa Gabor's husband extended as conservator


LOS ANGELES (AP) — Zsa Zsa Gabor's husband will remain the ailing actress' conservator until at least August and will have to account for her assets, a judge ruled Wednesday.


Fredric von Anhalt has served as his wife's conservator since July after the actress' daughter questioned whether he was providing proper medical care and appropriately managing her finances.


An attorney appointed to represent Gabor's interests wrote in a report that von Anhalt has generally been a good steward of his wife and has complied with terms of a settlement that required strict financial oversight. The report by attorney LeAnne Maillian states it appears von Anhalt had used some of his wife's money to pay his own expenses, but that he has already repaid it.


Von Anhalt's attorney William Remery declined to state how much was repaid.


Gabor, a Hungarian-born sexpot of the 1950s and 1960s, has been in declining health in recent years. She has contended with a broken hip, a leg amputated because of gangrene, blood clots, infections, pneumonia and other ailments and requires around-the-clock care.


Superior Court Judge Reva Goetz said Frederic von Anhalt should provide details about his wife's finances by July so that she can review details before she reviews the case again on Aug. 21.


Maillian said she is receiving monthly financial reports about Gabor's estate.


Gabor's daughter Francesca Hilton has questioned whether von Anhalt was properly caring for her 95-year-old mother and her finances. Hilton's attorney Kenneth Kossoff said Wednesday he is still seeking more details about Gabor's medical care, but that didn't want to publicly discuss them.


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Gaps Seen in Therapy for Suicidal Teenagers





Most adolescents who plan or attempt suicide have already received at least some mental health treatment, raising questions about the effectiveness of current approaches to helping troubled youths, according to the largest in-depth analysis to date of suicidal behaviors in American teenagers.




The study, in the journal JAMA Psychiatry, found that 55 percent of suicidal teenagers had received some therapy before they thought about suicide, planned it or tried to kill themselves, contradicting the widely held belief that suicide is due in part to a lack of access to treatment.


The findings, based on interviews with a nationwide sample of more than 6,000 teenagers and at least one parent of each, linked suicidal behavior to complex combinations of mood disorders like depression and behavior problems like attention-deficit and eating disorders, as well as alcohol and drug abuse.


The study found that about one in eight teenagers had persistent suicidal thoughts at some point, and that about a third of those who had suicidal thoughts had made an attempt, usually within a year of having the idea.


Previous studies have had similar findings, based on smaller, regional samples. But the new study is the first to suggest, in a large nationwide sample, that access to treatment does not make a big difference.


The study suggests that effective treatment for severely suicidal teenagers must address not just mood disorders, but also behavior problems that can lead to impulsive acts, experts said. According to the Centers for Disease Control and Prevention, 1,386 people between the ages of 13 and 18 committed suicide in 2010, the latest year for which numbers are available.


“I think one of the take-aways here is that treatment for depression may be necessary but not sufficient to prevent kids from attempting suicide,” said Dr. David Brent, a professor of psychiatry at the University of Pittsburgh, who was not involved in the study. “We simply do not have empirically validated treatments for recurrent suicidal behavior.”


The report said nothing about whether the therapies given were state of the art or carefully done, said Matt Nock, a professor of psychology at Harvard and the lead author, and it is possible that some of the treatments prevented suicide attempts. “But it’s telling us we’ve got a long way to go to do this right,” Dr. Nock said. His co-authors included Ronald C. Kessler of Harvard and researchers from Boston University and Children’s Hospital Boston.


Margaret McConnell, a consultant in Alexandria, Va., said her daughter Alice, who killed herself in 2006 at the age of 17, was getting treatment at the time. “I think there might have been some carelessness in the way the treatment was done,” Ms. McConnell said, “and I was trusting a 17-year-old to manage her own medication. We found out after we lost her that she wasn’t taking it regularly.”


In the study, researchers surveyed 6,483 adolescents from the ages of 13 to 18 and found that 9 percent of male teenagers and 15 percent of female teenagers experienced some stretch of having persistent suicidal thoughts. Among girls, 5 percent made suicide plans and 6 percent made at least one attempt (some were unplanned).


Among boys, 3 percent made plans and 2 percent carried out attempts, which tended to be more lethal than girls’ attempts.


(Suicidal thinking or behavior was virtually unheard-of before age 10.)


Over all, about one-third of teenagers with persistent suicidal thoughts went on to make an attempt to take their own lives.


Almost all of the suicidal adolescents in the study qualified for some psychiatric diagnosis, whether depression, phobias or generalized anxiety disorder. Those with an added behavior problem — attention-deficit disorder, substance abuse, explosive anger — were more likely to act on thoughts of self-harm, the study found.


Doctors have tested a range of therapies to prevent or reduce recurrent suicidal behaviors, with mixed success. Medications can ease depression, but in some cases they can increase suicidal thinking. Talk therapy can contain some behavior problems, but not all.


One approach, called dialectical behavior therapy, has proved effective in reducing hospitalizations and suicide attempts in, among others, people with borderline personality disorder, who are highly prone to self-harm.


But suicidal teenagers who have a mixture of mood and behavior issues are difficult to reach. In one 2011 study, researchers at George Mason University reduced suicide attempts, hospitalizations, drinking and drug use among suicidal adolescent substance abusers. The study found that a combination of intensive treatments — talk therapy for mood problems, family-based therapy for behavior issues and patient-led reduction in drug use — was more effective than regular therapies.


“But that’s just one study, and it’s small,” said Dr. Brent of the University of Pittsburgh. “We can treat components of the overall problem, but that’s about all.”


Ms. McConnell said that her daughter’s depression had seemed mild and that there was no warning that she would take her life. “I think therapy does help a lot of people, if it’s handled right,” she said.


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Wall Street gains as earnings flow in; Alcoa up









Stocks rose on Wall Street Wednesday after U.S. corporate earnings reports got off to a good start.

The Dow Jones industrial average rose 86 points to 13,415 as of noon EST. The Dow is coming off of two days of losses.

The Standard & Poor's 500 index gained six points to 1,463 and the Nasdaq composite rose 17 points to 3,109.

Stocks, having rallied after a last-minute resolution stopped the U.S. going from over the “fiscal cliff,” are facing their first challenge of the year as companies start to report their earnings for the fourth quarter of 2012. Throughout last year, analysts had cut their outlook for earnings growth in the period and now expect them to rise by 3.21 percent, according to data from S&P Capital IQ.

“Maybe earnings expectations were a little too low,” said Ryan Detrick, a strategist at Schaeffer's Investment Research. “You don't need to have great earnings, you just need to beat those expectations” for stocks to rally, Detrick said.

Alcoa predicted rising demand for aluminum this year as the aerospace industry gains strength. Late Tuesday the company reported fourth-quarter revenue that beat analysts' estimates. Investors pay close attention to Alcoa's results and forecasts because the aluminum it makes is used in so many industries including construction and manufacturing.

Alcoa's stock rose 8 cents to $9.18.

Consumer products maker Helen of Troy, whose brands include Dr. Scholl's, Vicks and Fabreze, rose 89 cents to $34.42 after reporting a 15 percent increase in net income. Agricultural products giant Monsanto gained 84 cents to $99.34 after it said that its profit nearly tripled in the first fiscal quarter as sales of its biotech corn seeds expanded in Latin America.

The yield on the 10-year Treasury note was unchanged at 1.87 percent.

Among other stocks making big moves:

— Wireless network operator Clearwire jumped 22 cents to $3.14 after Dish network made an unsolicited offer to buy the company, which has already agreed to sell itself to Sprint. Dish rose $1.17 to $37.14 and Sprint fell 8 cents to $5.89.

— Online education company Apollo Group plunged 10 percent after reporting a sharp decline in fall-term student sign-ups at the University of Phoenix. The stock fell $2.04 to $18.88.

— Seagate Technology, a maker of hard-disk drives, jumped $1.52 to $32.91 after predicting revenue for its fiscal second quarter that topped Wall Street expectations late Tuesday.

— Bank of America fell 29 cents to $11.69 after Credit Suisse analysts lowered their outlook on the lender to “neutral” for “outperform,” saying the current stock price overestimates the improvement in cost reduction that the bank can achieve this year.

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Sony unveils Xperia Z Android phone with full HD display









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Testimony about Colorado massacre resumes in James Holmes hearing

More emotional testimony was expected at a hearing on the Aurora movie theater massacre, as prosecutors continued to lay out their case against the defendant, James Holmes.









CENTENNIAL, Colo. — Vivid testimony about the movie theater massacre that shocked a nation extended into a second day as a preliminary hearing for James E. Holmes resumed Tuesday.


Prosecutors continued to lay out their case against Holmes, 25, accused of killing 12 people and injuring about 70 during a shooting rampage on July 20 in a suburban cinema. At issue in the proceeding, expected to last a week, is whether there is a sufficient case to go to trial.


In the first day of testimony Monday, law enforcement officials described the bloody shooting scene and heartbreaking rescue attempts to bring the gravely wounded to treatment.








PHOTOS: Colorado movie theater shooting


The prosecution has been trying to show that Holmes acted deliberately while the defense in cross-examination has focused on how the former neuroscience graduate student appeared emotionally detached, bolstering their expected insanity presentation.


Throughout, Holmes has sat impassive, while some of the victims' relatives have wept during the more graphic testimony.

On Tuesday, the atmosphere at the Arapahoe County Court House contained less of the frenzy that marked the first day. Yet the proceedings come as the debate over gun control has heated up in the wake of the attack last month in Newtown, Conn., in which 20 children and six adults were killed by a lone gunman who invaded the Sandy Hook Elementary School. The gunman first killed his mother in their home and ended his shooting spree by killing himself.


WHO THEY WERE: Aurora theater shooting


Tuesday’s testimony also comes as the nation commemorates the second anniversary of the Tucson shooting where six died and 13 were injured when gunman Jared Lee Loughner opened fire in a supermarket parking lot where former Rep. Gabrielle Giffords was holding a meet-and-greet with her constituents. Tucson, which has had events for several days, will mark the exact time of the shooting with the ringing of bells across the city at the moment of the morning attack.


Giffords, who went through a painful recovery and rehabilitation for gun wounds to the head, has become a spokeswoman for greater gun control. She and her husband, former astronaut Mark Kelly, announced they would raise money to support gun control efforts. The pair visited Newtown last week.


On Monday, Aurora police testified about the horrors they found in the theater, including blood-soaked aisles and walls, crumpled bodies, and scores of spent shell casings.

TIMELINE: U.S. mass shootings


The prosecution also showed surveillance video of Holmes entering the theater complex just past midnight. He had purchased his ticket 12 days earlier. The chilling, soundless video shows Holmes redeeming his ticket at a kiosk, giving it to a ticket taker, then lingering near the concession stand for a few minutes before turning toward Theater 9, where the Batman movie, “The Dark Knight Rises” was playing.


Prosecutors have yet to announce whether they will seek the death penalty.


ALSO:


Supreme Court rejects challenge to Obama stem cell policy


Chicago man fatally poisoned a month after hitting lotto jackpot


Alabama police: High school white supremacist planned bomb attack


Deam reported from Centennial, Colo.; Muskal reported from Los Angeles. 








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Fox: Passion, disagreements with new 'Idol' team


PASADENA, Calif. (AP) — Five minutes into their season-opening news conference and the new team at "American Idol" were having their first disagreement — about their disagreements.


Asked Tuesday whether a supposed feud between new judges Mariah Carey and Nicki Minaj was a publicity stunt, Fox network executive Mike Darnell said it was authentic. He said there was a lot of passion within the group, which also includes country star Keith Urban and returning judge Randy Jackson. He said there were also a lot of disagreements.


Carey, however, called the story "some trumped-up thing."


Minaj later called Carey one of her favorite all-time artists who has shaped a generation of singers.


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Global Update: China Moves to Prevent Spread of Yellow Fever From Africa





In a move that underlines how many Chinese citizens now work in Africa, China’s quarantine officials recently urged greater efforts to make sure that a yellow fever epidemic now raging in Sudan does not come back to China.




Local health authorities were asked to scan all travelers arriving from Sudan for fevers. Chinese citizens planning travel to Sudan were advised to get yellow fever shots. Customs officers were told that containers arriving from Sudan might have stray infected mosquitoes inside.


Sudan’s epidemic is considered the world’s worst in 20 years. Sweden, Britain and other donors have paid for vaccinations. The United States Navy’s laboratory in Egypt has helped with diagnoses.


Estimates of the number of Chinese working in Africa, many in the oil and mining industries or on major construction projects, range from 500,000 to 1 million. Experts on AIDS have previously warned that the workers could become a new means of bringing that disease to China, which has a low H.I.V.-infection rate.


ProMED-mail, a Web site that follows emerging diseases, has tracked reports about the Sudan outbreak, with its moderators adding valuable context. China’s mosquito-killing winters make a large yellow fever outbreak there unlikely, moderators said. But Sudan’s containment efforts are troubled. For example, vaccinated people cannot get cards proving they have had shots, but the cards are reported to be for sale at police checkpoints.


Australia’s now-endemic dengue fever, according to ProMED moderators, may have come from mosquitoes arriving in containers from East Timor.


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