Macy's sues Martha Stewart Living (omg!)

NEW YORK (AP) ? Macy's Inc. has sued Martha Stewart Living Omnimedia Inc. in a bid to block a licensing deal between the housewares company and J.C. Penney Co.

The lawsuit was filed Monday in New York State Supreme Court. Macy's claims Martha Stewart Living's deal with J.C. Penney violates the terms of an exclusive pact Macy's has to sell Martha Stewart Living products at its stores, according to reports in The Wall Street Journal and other publications.

The complaint comes after Plano, Tex.-based J.C. Penney acquired a 16.6 percent stake in Martha Stewart Living and announced plans last month to open mini-Martha Stewart shops inside most of its stores, beginning next year. The deal announced last month was seen as part of J.C. Penney's efforts to re-image itself under its new CEO Ron Johnson, a former Apple Inc. executive.

Cincinnati-based Macy's has asked the court for a preliminary injunction to block the deal.

Martha Stewart Living said it does not comment on legal matters, but issued a statement saying that it received a notification from Macy's that it intends to renew and extend its commercial agreement with Martha Stewart Living to feature and promote the Martha Stewart Collection in Macy's stores.

The New York-based lifestyle, media and merchandising company also noted that its commercial agreement with J.C. Penney remains in effect.

Calls and an email seeking comment from Macy's and its attorney were not immediately returned late Monday.

Macy's shares added 9 cents in aftermarket trading. The stock ended regular trading down 29 cents at $35.09.

Martha Stewart Living shares slid 15 cents, or 3.5 percent, to $4.15 in aftermarket trading after slipping 13 cents, or 2.9 percent, to $4.30 during the regular session.

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Trial over Globes broadcast rights opens in LA (AP)

LOS ANGELES ? The executive who negotiated a deal that brought the Golden Globe Awards to NBC in the mid-1990s testified Tuesday that he didn't think it was necessary to tell its organizers they were signing away rights that could keep the show on the network indefinitely.

Former dick clark productions President Francis La Maina testified he informed the then-president of the Hollywood Foreign Press Association about the deal's "perpetuity clause" and he believed it was her responsibility to explain it to the full membership. The NBC deal was brought to the group in 1993, a decade after it had been bumped from network television because of scandal.

The clause allows the production company, which is no longer owned by entertainment pioneer Dick Clark, to work on the Globes as long as it airs on NBC.

La Maina was the first witness in a trial in federal court that will decide ownership of the broadcast rights to the Globes, a glitzy awards banquet that brings out Hollywood superstars and in some years serves as a predictor of Oscar contenders.

The production company, also known as dcp, used the language of the 1993 deal to support a $150 million contract extension signed in 2010 that keeps the Globes on NBC through 2018. It has noted that the association has known about the clause for years and even allowed the company to work on five shows without a formal extension, but waited until the new broadcast deal was struck to sue.

The HFPA contends the new agreement is invalid and it should be allowed to negotiate with other networks. Nearly 17 million people watched the most recent Globes, which aired Jan. 15.

"I don't think I misled the Hollywood Foreign Press," La Maina said, adding that he thought he was fulfilling his obligations by explaining the impact to the association's president. "My job is to deal with the top dog of Hollywood Foreign Press."

The trial is expected to last more than two weeks and could lead to the first restructuring of the HFPA's broadcast rights on its own terms in nearly 30 years. The group and dcp have worked together since 1983, but it wasn't until the 1993 deal with NBC was reached that both sides began to generate large sums for the Globes.

The association claims it would have never knowingly allowed the perpetuity clause and that it had assurances from dcp executives that they were not negotiating an extension with NBC in 2010. The group believes the perpetuity clause would mean it is likely to receive less money than the Globes are worth because dcp would have an incentive to keep the show on NBC.

The case will be decided by U.S. District Judge A. Howard Matz, who said Monday that the 1993 agreement and other evidence present enough ambiguity to warrant a trial.

La Maina, who left dcp in 2007, is expected to be on the stand for several days. Other witnesses may include Dick Clark, CBS CEO Leslie Moonves and several current and former HFPA members.

___

Follow Anthony McCartney at http://twitter.com/mccartneyAP

Source: http://us.rd.yahoo.com/dailynews/rss/entertainment/*http%3A//news.yahoo.com/s/ap/20120125/ap_en_ot/us_golden_globes_lawsuit

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EU formally adopts Iran oil embargo (AP)

BRUSSELS ? The European Union formally adopted an oil embargo Monday against Iran and a freeze of the assets of the country's central bank, part of sanctions meant to pressure the country to resume talks on its nuclear program.

Diplomats said the measures, which were adopted in Brussels by the EU's 27 foreign ministers, include an immediate embargo on new contracts for crude oil and petroleum products, while existing contracts will be allowed to run until July.

EU diplomats are calling the measure part of a twin track approach toward Iran: increase sanctions to discourage what they suspect is Iran's pursuit of nuclear weapons but emphasize at the same time the international community's willingness to talk. Iran says its nuclear program is exclusively for peaceful purposes.

British Foreign Secretary William Hague called the embargo part of "an unprecedented set of sanctions."

"I think this shows the resolve of the European Union on this issue," Hague said.

The EU also agreed to freeze the assets of the Iranian central bank. Together, the two measures are intended not only to pressure Iran to agree to talks but also to choke of funding for its nuclear activities.

In October, EU foreign policy chief Catherine Ashton sent a letter to Saeed Jalili, Iran's top nuclear negotiator, saying her goal was a negotiated solution that "restores international confidence in the exclusively peaceful nature of Iran's nuclear program."

She says she has not yet received a reply.

In advance of Monday's decision, negotiators worked hard to try to ensure that the embargo would punish only Iran ? and not EU member Greece, which is in dire financial trouble and relies heavily on low-priced Iranian oil.

The foreign ministers agreed to a review of the effects of the sanctions, to be completed by May 1, a diplomat said. He spoke on condition of anonymity to discuss the subject before the official announcement. They agreed in principle to make up the costs Greece incurs as a result of the embargo.

"It is important to know what will happen to individual countries as a consequence of the sanctions," Ashton said before the meeting.

The National Council of Resistance of Iran, an exile group opposed to the country's clerical regime, welcomed the new sanctions and called for their implementation without delay.

"For over two decades, the Iranian Resistance has called for comprehensive oil and financial sanctions against the religious and terrorist dictatorship ruling Iran," Maryam Rajavi, the organization's president-elect, said in a statement.

The council, founded in 1981, is considered a terrorist organization by the United States, but not by the European Union.

"While the clerical regime is all out to obtain nuclear weapons, a five-month delay in putting these sanctions in full force provides a significant amount of time for this regime to implement its ominous plots," Rajavi said.

German Foreign Minister Guido Westerwelle said it was critical that action be taken.

"This is not a question of security in the region," he said. "It is a question of security in the world."

____

Raf Casert contributed to this report

Source: http://us.rd.yahoo.com/dailynews/rss/europe/*http%3A//news.yahoo.com/s/ap/20120123/ap_on_bi_ge/eu_eu_iran

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Sundance new normal - strong films, cautious, steady buying (Reuters)

PARK CITY, Utah (TheWrap.com) ? The Sundance action got under way over the weekend with numerous films sold or about to be sold, and indie buyers impressed by a crop of what they called intelligent and thoughtful films.

It seems that the independent film world has finally gotten used to the new normal of the challenged marketplace, and are responding.

"There's a sense of seriousness about the movies this year and in the meetings that we're having with agents and filmmakers," said Michael Barker, the co-chairman of Sony Pictures Classics, in an interview with TheWrap.

He added: "There's a loss of the huckster veneer that we've come to expect from this place. The feeling among us and the filmmakers and sellers this year is that we're all in this together. I see a lot less of the vestiges of the cutthroat business that used to be."

Sellers seemed to agree. Buyers were aggressively circling the hot movie of the moment, "Beasts of the Southern Wild," a trippy, original take on environmental apocalypse set in something akin to the levees of New Orleans.

But those involved in the film said the focus was on finding the right distributor for an unusual project.

"This has elements of an auction, but we're trying to create careful listening," said one person involved in the sale who spoke on condition of anonymity. "Buyers are saying: 'Let's take a chance.'"

That film, to be sure, will be a tricky sell at the theater -- it features a pint-sized New Orleans girl and prehistoric beasts.

Among the other movies that were on the block or sold:

* "The Words," a drama starring Brad Cooper, Zoe Saldana and Jeremy Irons, sold to CBS Films for $2 million with a $1.5 million commitment in prints and advertising, according to a knowledgeable individual.

* "Arbitrage," the New York drama set amid high society and Wall Street finance and starring Richard Gere, was poised to sell within the next day or so.

* "Celeste and Jesse Forever" had four offers by late Sunday, according to a knowledgeable insider. The film stars Rashida Jones and Andy Samberg as two friends who met in high school, married young - and divorce.

* "Black Rock," a thriller about three friends who reunite for a girls' weekend getaway on a remote island that goes horribly awry, stars Katie Aselton alongside Lake Bell and Kate Bosworth. It sold to Mickey Liddell's LD Entertainment.

There was strong, positive response to "Liberal Arts," a charming story set in the world of higher education by writer-director-star Josh Radnor. The movie, which won loud cheers and applause at the Eccles Theater on Sunday afternoon, also stars last year's Sundance "It Girl" Elizabeth Olsen and Richard Jenkins.

Several documentaries were sold, including the audience favorite "Searching for Sugar Man" and the real estate doc "Queen of Versailles."

"There have been some commercial films, and some that are more challenging," said Eric d'Arbeloff, co-chief of Roadside Attractions, in an interview with TheWrap. "But you can't forget that the ones that are the least commercial are sometimes the ones that have the most potential for us."

A hangover remains from distributors who overpaid last year. Prices ratcheted as high as $6 million then, in many cases for films that brought little return.

"The marketplace is smart," said Jay Cohen, who runs Gersh's independent film department. "People are not going to do what they did last year -- spend a lot of money for movies that are not commercial."

Most important to sellers, he said, is the capital commitment to marketing. "That is the key to everything," he said.

Meanwhile, a shadow remained over the festival at the news that Bingham Ray, an independent film veteran and close friend of many at the festival, had suffered a stroke and was in the hospital.

People were shaken at the news, and concern over his condition rippled through many conversations. (Steve Pond contributed to this report)

(Editing by Chris Michaud)

Source: http://us.rd.yahoo.com/dailynews/rss/movies/*http%3A//news.yahoo.com/s/nm/20120123/film_nm/us_sundance_market

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Senator Kirk faces some paralysis after stroke (Reuters)

CHICAGO (Reuters) ? Senator Mark Kirk of Illinois could face paralysis in his left arm and possibly in his left leg after suffering a debilitating stroke over the weekend, his physician said on Monday.

But the Republican lawmaker should recover his full mental and speaking abilities, doctors said.

Surgeons at Chicago's Northwestern Memorial Hospital on Monday removed a portion of Kirk's skull to relieve pressure from post-stroke brain swelling. His surgeon, Dr. Richard Fessler, said at a news conference the senator had "tolerated that surgery very well."

Kirk, 52, who won President Barack Obama's former Senate seat in 2010, is under sedation in a neurological intensive care unit at the hospital, Fessler said.

He suffered an ischemic stroke, which is when blood flow is impeded by a blockage, in this case through the carotid artery, damaging the right side of Kirk's brain.

"It will affect his ability to move his left arm, possibly his left leg, and possibly will involve some facial paralysis," said Fessler, who performed the surgery.

Had it happened on the left side of his brain, Fessler said,

"it would have affected his ability to speak, understand, and think. So we're very hopeful that when we get through his recovery, all of those functions will be intact."

"We're happy with his current status," Fessler told reporters, adding that Kirk can recognize people when he is not sedated.

Kirk checked into a hospital in the northern Chicago suburb of Lake Forest, Illinois, on Saturday, suffering from headache and dizziness, and was transferred to Northwestern Memorial Hospital.

Kirk aide Richard Goldberg said, "We are confident that the fighter in him will prevail."

Kirk is a U.S. Naval Reserve pilot who has flown missions over Iraq. A moderate Republican on domestic policy, he has pressed the administration to enforce strict sanctions on Iran aimed at thwarting the country's nuclear ambitions.

A native of Champaign, Illinois, Kirk was first elected to the House of Representatives in 2000 representing the northern suburbs of Chicago, and narrowly beat Illinois Treasurer Alexi Giannoulias for the Senate seat.

Kirk recently endorsed former Massachusetts governor Mitt Romney for the Republican nomination to challenge Obama for the White House in 2012.

"I am extremely distressed by the news that my friend Mark Kirk is hospitalized for emergency medical treatment. I wish him a speedy recovery and a swift return to the U.S. Senate chamber," Romney said in a statement.

(Additional reporting by Andrew Stern in Chicago; editing by Paul Thomasch)

Source: http://us.rd.yahoo.com/dailynews/rss/uscongress/*http%3A//news.yahoo.com/s/nm/20120124/us_nm/us_usa_senator_stroke

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Giffords to Resign (TIME)

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Stress blamed for student tics at New York school (Reuters)

BUFFALO (Reuters) ? State health officials have determined stress likely caused a dozen female high school students to suddenly experience tics and other neurological symptoms associated with Tourette Syndrome, they said on Friday.

The Le Roy Central School District, about 50 miles east of Buffalo, scrambled to conduct environmental testing for air quality and mold after 12 students developed tics and impulsive verbal behavior over the course of the last three months.

But state health investigators ruled out environmental factors, latent side-effects from drugs or vaccines like Guardasil, trauma or genetic factors.

The girls were all treated by doctors and most are improving, school officials said.

"Stress is often attributed to these kind of symptoms," Jeffrey Hammond, a spokesman with the New York State Department of Health, said on Friday, echoing the opinion of neurologists who have treated the girls.

"The Le Roy school is safe," Hammond said. "The environment or an infection is not the cause of the students' tics. There are many causes of tics-like symptoms."

Dr. David Lichter, clinical professor of neurology at the University at Buffalo, said he evaluated one of the girls who exhibited involuntary movements as well as periods of unresponsiveness.

Lichter said a phenomenon called "mass psychogenic illness," once called mass hysteria, is likely the cause.

He said high levels of stress may increase the chances.

"Subjects turn subconscious psychological stresses into physical symptoms, and they do it without being conscious of it," he said.

"I don't think the girls in this particular school are more stressed. The thing about this outbreak - and it has been documented around the world - is there may be one or two who manifest a true organic disorder, and then modeling behavior takes place," Lichter said.

The health department continues to monitor each case. No new cases have been reported.

(Editing By Barbara Goldberg and Paul Thomasch)

Source: http://us.rd.yahoo.com/dailynews/rss/education/*http%3A//news.yahoo.com/s/nm/20120120/us_nm/us_tics_school_newyork

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