Genetic Gamble : Drugs Aim to Make Several Types of Cancer Self-Destruct


C.J. Gunther for The New York Times


Dr. Donald Bergstrom is a cancer specialist at Sanofi, one of three companies working on a drug to restore a tendency of damaged cells to self-destruct.







For the first time ever, three pharmaceutical companies are poised to test whether new drugs can work against a wide range of cancers independently of where they originated — breast, prostate, liver, lung. The drugs go after an aberration involving a cancer gene fundamental to tumor growth. Many scientists see this as the beginning of a new genetic age in cancer research.




Great uncertainties remain, but such drugs could mean new treatments for rare, neglected cancers, as well as common ones. Merck, Roche and Sanofi are racing to develop their own versions of a drug they hope will restore a mechanism that normally makes badly damaged cells self-destruct and could potentially be used against half of all cancers.


No pharmaceutical company has ever conducted a major clinical trial of a drug in patients who have many different kinds of cancer, researchers and federal regulators say. “This is a taste of the future in cancer drug development,” said Dr. Otis Webb Brawley, the chief medical and scientific officer of the American Cancer Society. “I expect the organ from which the cancer came from will be less important in the future and the molecular target more important,” he added.


And this has major implications for cancer philanthropy, experts say. Advocacy groups should shift from fund-raising for particular cancers to pushing for research aimed at many kinds of cancer at once, Dr. Brawley said. John Walter, the chief executive officer of the Leukemia and Lymphoma Society, concurred, saying that by pooling forces “our strength can be leveraged.”


At the heart of this search for new cancer drugs are patients like Joe Bellino, who was a post office clerk until his cancer made him too sick to work. Seven years ago, he went into the hospital for hernia surgery, only to learn he had liposarcoma, a rare cancer of fat cells. A large tumor was wrapped around a cord that connects the testicle to the abdomen. “I was shocked,” he said in an interview this summer.


Companies have long ignored liposarcoma, seeing no market for drugs to treat a cancer that strikes so few. But it is ideal for testing Sanofi’s drug because the tumors nearly always have the exact genetic problem the drug was meant to attack — a fusion of two large proteins. If the drug works, it should bring these raging cancers to a halt. Then Sanofi would test the drug on a broad range of cancers with a similar genetic alteration. But if the drug fails against liposarcoma, Sanofi will reluctantly admit defeat.


“For us, this is a go/no-go situation,” said Laurent Debussche, a Sanofi scientist who leads the company’s research on the drug.


The genetic alteration the drug targets has tantalized researchers for decades. Normal healthy cells have a mechanism that tells them to die if their DNA is too badly damaged to repair. Cancer cells have grotesquely damaged DNA, so ordinarily they would self-destruct. A protein known as p53 that Dr. Gary Gilliland of Merck calls the cell’s angel of death normally sets things in motion. But cancer cells disable p53, either directly, with a mutation, or indirectly, by attaching the p53 protein to another cellular protein that blocks it. The dream of cancer researchers has long been to reanimate p53 in cancer cells so they will die on their own.


The p53 story began in earnest about 20 years ago. Excitement ran so high that, in 1993, Science magazine anointed it Molecule of the Year and put it on the cover. An editorial held out the possibility of “a cure of a terrible killer in the not too distant future.”


Companies began chasing a drug to restore p53 in cells where it was disabled by mutations. But while scientists know how to block genes, they have not figured out how to add or restore them. Researchers tried gene therapy, adding good copies of the p53 gene to cancer cells. That did not work.


Then, instead of going after mutated p53 genes, they went after half of cancers that used the alternative route to disable p53, blocking it by attaching it to a protein known as MDM2. When the two proteins stick together, the p53 protein no longer functions. Maybe, researchers thought, they could find a molecule to wedge itself between the two proteins and pry them apart.


The problem was that both proteins are huge and cling tightly to each other. Drug molecules are typically tiny. How could they find one that could separate these two bruisers, like a referee at a boxing match?


In 1996, researchers at Roche noticed a small pocket between the behemoths where a tiny molecule might slip in and pry them apart. It took six years, but Roche found such a molecule and named it Nutlin because the lab was in Nutley, N.J.


But Nutlins did not work as drugs because they were not absorbed into the body.


Roche, Merck and Sanofi persevered, testing thousands of molecules.


At Sanofi, the stubborn scientist leading the way, Dr. Debussche, maintained an obsession with p53 for two decades. Finally, in 2009, his team, together with Shaomeng Wang at the University of Michigan and a biotech company, Ascenta Therapeutics, found a promising compound.


The company tested the drug by pumping it each day into the stomachs of mice with sarcoma.


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Stores hope last-minute Christmas shoppers revive holiday sales









With three days left until Christmas, last-minute shoppers are surging into malls in a mad dash for gifts as retailers extend store hours and trot out steep discounts in a final holiday-season push.


Merchants are hoping procrastinators will give them a boost this weekend. Many stores saw a worrying drop in sales in recent weeks after a robust start on Black Friday. Several are rolling out promotions as they try to make up for lost steam.


Toys R Us stores nationwide began an 88-hour, all-day-all-night marathon Friday that continues until 10 p.m. Christmas Eve. Macy's is welcoming shoppers for 48 straight hours at most of its stores on this final weekend before Christmas. Target is staying open until midnight Sunday.





At the Grove shopping center in Los Angeles' Fairfax district, shoppers swarmed the stores and cars jammed the parking lots. Christmas carols blasted from speakers. And fake reindeer and a sleigh arced overhead.


"The panic is coming in waves," sighed Angie Hill, 44, of Huntington Beach. "I've barely just started. There's still a lot of people left to buy gifts for."


The marketing director said she normally starts shopping weeks before Christmas, but a new job left her with little free time. She pointed to bags holding a magic kit for her son and exercise clothes for her husband — the very first gifts she had bought for the big day. "My shopping list is getting bigger every minute."


She's not alone. Two-thirds of Americans — 132 million people — haven't yet finished their holiday shopping, according to a survey released this week by Consumer Reports. About 14% have yet to start buying gifts, and 9% — or 17 million people — will still be rushing to cross items off their Christmas lists on Christmas Eve.


"People are very focused. They have their list and it's bam, bam, bam! They are trying to check off what they need, get in and get out," said Kim Freeburn, a district vice president of Macy's stores. "It's an intense customer this weekend."


Both the Grove and the Americana at Brand shopping mall in Glendale have been besieged with shoppers over the last few weeks and expect a similar surge in the last few days before Christmas, said Paul Kurzawa, chief operating officer of Caruso Affiliated, which owns both shopping centers.


"The last few weeks have been phenomenal, and this weekend is a continuation of that as people rush in for last-minute gift buying," he said. "You have the last weekend and you get an extra bite on Monday as well."


So far, the average American has spent $340 on presents, the Consumer Reports survey said. An earlier report from Gallup found that shoppers planned to shell out $770 apiece for the holiday. The National Retail Federation predicted total holiday spending of $586.1 billion this year, up 4.1% from last year. It's a crucial time for merchants, which can make up to 40% of their annual sales during the season.


"Holiday sales have been off for weeks," said Marshal Cohen, chief industry analyst at NPD Group. He blamed a lack of exciting merchandise and a hyped-up Black Friday that may have pulled sales earlier into the season. "The bad news is this year will be based on price more than merchandise, as consumers have been groomed to wait to be rewarded with better discounts."


CeCe Solorzano, 30, says she always waits until the weekend before Christmas to scoop up the best discounts.


"I'm going to shop all day tomorrow and the weekend. Hopefully I'll be done on the 24th of December," said the Santa Clarita marketing specialist, who has to find presents for a dozen friends and family members. "I've really waited until the last possible moment this year, but the longer you wait, the better the deals."


Target just rolled out its "Last Minute Sale" that will run until Christmas Eve and is focused on popular gadgets and toys such as iPod Nanos and Easy-Bake Ovens.


"We see those last-minute panicked guests" but also shoppers buying treats for themselves, spokeswoman Donna Egan said. "We try to accommodate the surge of guests, procrastinators or not."


At the Best Buy store in Westfield Culver City, there will be one cash register on Christmas Eve dedicated just to buying gift cards, general manager Margie Kenney said. "It's a huge day for gift cards," she said. "Everything is out of stock, so you're like, 'Give me a gift card.'"


Unless shoppers this weekend go over the top, it's shaping up to be a modest holiday season, said Kamalesh Rao, director of economic research at MasterCard Advisors SpendingPulse.


"That's in keeping with retail sales growth this year," he said. "There is a possibility if you have a strong weekend it could make up a little bit, since the last couple of days is pretty important, especially for sectors like jewelry."


Expect to see Christian Moreno, 43, and his wife, Hilda, out at the malls every day until Dec. 25. Between their two families, the couple have 34 people to shop for every year.


"We're a huge family," said Moreno, who works as a superintendent at the L.A. and Ontario international airports. "It's a lot of presents left to find."


shan.li@latimes.com





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Capture of jail escapee ends with bang, thud

The parents of the man who owned the townhouse where prison escapee Joseph Banks was found talk to the Tribune. (Antonio Perez/Chicago Tribune)









The spectacular escape from Chicago's high-rise federal jail — the first in nearly 30 years at the facility — fueled theories that convicted bank robber Joseph "Jose" Banks had a sophisticated plan to elude capture with hundreds of thousands of dollars in loot he had stashed away.

But in the end, Banks was hiding in a predictable spot less than five miles from the South Loop jail and was betrayed by someone who had spoken with the fugitive and was able to give authorities his exact location, a law enforcement source said. When he was captured, Banks had no cash, weapon or cellphone, and he was wearing some of the same clothes he had on when he escaped three days earlier, the source said.






Banks, who along with a cellmate scaled down some 15 stories of the sheer wall of the Metropolitan Correctional Center using a rope fashioned from knotted bedsheets, was taken into custody on the North Side by FBI agents and Chicago police about 11:30 p.m. Thursday. He was holed up at the home of a boyhood friend in the 2300 block of North Bosworth Avenue, just blocks from his former apartment and Lincoln Park High School, which he attended in the 1990s.

The second escapee, Kenneth Conley, also a convicted bank robber, remained at large Friday.

Neighbors on the quiet block where Banks was discovered described hearing the loud bang of a flash grenade — designed to stun anyone inside a residence without causing serious injury — followed by agents and officers swarming the Fullerton Court Apartments just west of the DePaul University campus.

Within minutes, agents led Banks away in handcuffs and dressed in a T-shirt and shorts.

"We heard a big boom first," said the Rev. Baggett Collier, who lives in the complex. "We thought a transformer burst or there was a traffic accident. … I went out and I saw (Banks). He was cuffed. His head was down. I didn't hear him say anything. They got him into the wagon peacefully. The police were pretty calm bringing him out."

Hours later, Banks shuffled into a federal courtroom dressed in an orange prison jumpsuit and shackled at the waist and ankles with thick, padlocked chains. The slightly built former fashion designer answered questions from U.S. Magistrate Judge Sidney Schenkier softly and politely — a sharp contrast to his defiant behavior during his trial last week on bank robbery charges in the same federal courthouse.

Banks, a prolific bank robber dubbed the Second Hand Bandit because of the used clothing he wore during his holdups, was charged with one count of escaping federal custody that carries a sentence of up to five years in prison on conviction. He also faces sentencing in March for his conviction last week for two bank robberies and two attempted holdups.

Prosecutors objected to any bond being set on the new charge, suggesting matter-of-factly that Banks was a "flight risk" and a danger to the community. Banks' attorney, Beau Brindley, did not argue for his release.

After the brief hearing, Brindley called his client a "mild-mannered" person whose statements at trial were misconstrued as threats toward the court system.

"This is not a violent person," Brindley told reporters in the lobby of the Dirksen U.S. Courthouse. "He's a talented artist and clothing designer."

Banks' cousin Theresa Ann Banks said in a telephone interview Friday that he never tried to contact her or anyone else in the family during his short time on the run. Family members were still trying to piece together conflicting information they were getting on the circumstances of his arrest, she said. Asked who lived in the home where her cousin was found, she replied, "Maybe a friend."

Theresa Ann Banks said the family has spent the past few days scared for his safety, especially since he had been described as "armed and dangerous."

"He's not the bad guy they've made him out to be," she said of her cousin. "He's soft and gentle, and he has a good heart."

Banks and Conley were last accounted for in the jail at 10 p.m. Monday during a routine bed check, authorities said. About 7 a.m. the next day, jail employees arriving for work saw ropes made from bedsheets dangling from a hole in the wall near the 15th floor and down the south side of the facade.

The two had put clothing and sheets under blankets in their beds to throw off guards making nighttime checks and removed a cinder block to create an opening wide enough to slide through, authorities said.

The FBI said a surveillance camera a few blocks from the jail showed the two, wearing light-colored clothing, hailing a taxi at Congress Parkway and Michigan Avenue. They also appeared to be wearing backpacks, according to the FBI.

The daring escape was an embarrassment for the U.S. Bureau of Prisons and a rarity for the Metropolitan Correctional Center, where the only previous successful escape took place in 1985. A high-ranking employee in the facility told the Tribune this week that video surveillance had captured the men making their descent, but that the guard who was supposed to be watching the video monitors for suspicious activity may have been called away on other duties.

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Red Hat shares up on acquisition and 3Q results






Red Hat Inc.‘s shares jumped Friday on the software company‘s solid third-quarter results and plans to acquire cloud-based software company ManageIQ.


THE SPARK: Red Hat said late Thursday that it would buy privately held ManageIQ for $ 104 million in cash.






The Raleigh, N.C., company also reported that it earned 29 cents per share for its fiscal third quarter on an adjusted basis, up a penny from the prior year and in line with analyst expectations. Its revenue for the period increased 18 percent to $ 343.6 million, which beats the $ 338 million that analysts polled by FactSet had forecast.


THE BIG PICTURE: ManageIQ’s software helps businesses deploy and manage private clouds. Red Hat said the deal will expand the reach of its public-private cloud setups for its customers. The acquisition is expected to have no material impact to Red Hat’s revenue for its fiscal year ending in February.


THE ANALYSIS: Stifel Nicolaus analyst Brad R. Reback said that the company has been able to maintain momentum even in a difficult environment and he thinks the latest deal offers an interesting longer-term angle for its business. He thinks the company is well positioned to generate at least 15 to 20 percent billings growth in the future. He reiterated a “Buy” rating and a $ 65 price target on its shares.


SHARE ACTION: Shares gained $ 2.25, or more than 4 percent, to $ 54.86 in afternoon trading. Shares have traded between $ 39.19 and $ 62.75 in the past 52 weeks.


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PSY’s ‘Gangnam Style’ reaches 1B views on YouTube






NEW YORK (AP) — Viral star PSY has reached a new milestone on YouTube.


The South Korean rapper’s video for “Gangnam Style” has reached 1 billion views, according to YouTube’s own counter. It’s the first time any clip has surpassed that mark on the streaming service owned by Google Inc.






It shows the enduring popularity of the self-deprecating video that features Park Jae-sang‘s giddy up-style dance moves. The video has been available on YouTube since July 15, averaging more than 200 million views per month.


Justin Bieber’s video for “Baby” held the previous YouTube record at more than 800 million views.


PSY wasn’t just popular on YouTube, either. Earlier this month Google announced “Gangnam Style” was the second highest trending search of 2012 behind Whitney Houston, who passed away in February.


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Alabama to End Isolation of Inmates With H.I.V.


Jamie Martin/Associated Press


The H.I.V. ward of an Alabama women's prison in 2008. The state was ordered to stop segregating inmates with the virus.







A federal judge on Friday ordered Alabama to stop isolating prisoners with H.I.V.




Alabama is one of two states, along with South Carolina, where H.I.V.-positive inmates are housed in separate prisons, away from other inmates, in an attempt to reduce medical costs and stop the spread of the virus, which causes AIDS.


Judge Myron H. Thompson of the Middle District of Alabama ruled in favor of a group of inmates who argued in a class-action lawsuit that they had been stigmatized and denied equal access to educational programs. The judge called the state’s policy “an unnecessary tool for preventing the transmission of H.I.V.” but “an effective one for humiliating and isolating prisoners living with the disease.”


After the AIDS epidemic of the 1980s, many states, including New York, quarantined H.I.V.-positive prisoners to prevent the virus from spreading through sexual contact or through blood when inmates tattooed one another. But most states ended the practice voluntarily as powerful antiretroviral drugs reduced the risk of transmission.


In Alabama, inmates are tested for H.I.V. when they enter prison. About 250 of the state’s 26,400 inmates have tested positive. They are housed in special dormitories at two prisons: one for men and one for women. No inmates have developed AIDS, the state says.


H.I.V.-positive inmates are treated differently from those with other viruses like hepatitis B and C, which are far more infectious, according to the World Health Organization. Inmates with H.I.V. are barred from eating in the cafeteria, working around food, enrolling in certain educational programs or transferring to prisons near their families.


Prisoners have been trying to overturn the policy for more than two decades. In 1995, a federal court upheld Alabama’s policy. Inmates filed the latest lawsuit last year.


“Today’s decision is historic,” said Margaret Winter, the associate director of the National Prison Project of the American Civil Liberties Union, which represented the inmates. “It spells an end to a segregation policy that has inflicted needless misery on Alabama prisoners with H.I.V. and their families.”


Brian Corbett, a spokesman for the Alabama Department of Corrections, said the state is “not prejudiced against H.I.V.-positive inmates” and has “worked hard over the years to improve their health care, living conditions and their activities.”


“We will continue our review of the court’s opinion and determine our next course of action in a timely manner,” he wrote.


During a monthlong trial in September, lawyers for the department argued that the policy improved the treatment of H.I.V.-positive inmates. Fewer doctors are needed if specialists in H.I.V. focus on 2 of the 29 state’s prisons.


The state spends an average of $22,000 per year on treating individual H.I.V.-positive inmates. The total is more than the cost of medicine for all other inmates, said Bill Lunsford, a lawyer for the Corrections Department.


South Carolina has also faced legal scrutiny. In 2010, the Justice Department notified the state that it was investigating the policy and might sue to overturn it.


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Emanuel explores Midway privatization









Mayor Rahm Emanuel's administration will explore the possibility of privatizing Midway Airport but will take a shorter-term, more tightly controlled approach than was employed by former Mayor Richard Daley's team on the city's first go-round.

Chicago's last try, a 99-year lease that would have brought in $2.5 billion, died in 2009 when the financial markets froze up.

The city's latest intentions are expected to be formally announced Friday, ahead of a Dec. 31 deadline for deciding whether to retain a slot for Midway in the Federal Aviation Administration's airport privatization pilot program. The city put off this decision several times previously.

The move, preliminary as it is, is sure to be politically charged, given the anger over the way Daley's 75-year parking meter privatization deal has played out, with proceeds used to plug operating deficits and meter rates rising sharply.

With that historical backdrop, Emanuel is suggesting a more conservative approach. It includes a shorter-term lease of less than 40 years; a "travelers' bill of rights" aimed at ensuring any changes will benefit passengers; and a continuing stream of revenue for the city, giving it a shot to capture some growth.

And unlike the parking meter and Chicago Skyway lease deals, a new Midway transaction would not allow proceeds to be used to plug operating deficits or to pay for operations in any way, Emanuel said in an interview Thursday.

"I will not let the city use it as a crutch to not make the tough decisions on the budget," he said.

But while a shorter lease and greater city control may play well locally, those sorts of terms may not appeal to investors, experts said in interviews this month.

"The shorter the lease term, the lower the bid prices are going to be — that's just the math," said Steve Steckler, chairman of the Infrastructure Management Group, a Bethesda, Md.-based company that advises infrastructure owners and operators. "I'd be shocked if investors offered more than $2 billion for a 40-year lease," Steckler said.

Emanuel said: "Nobody knows until you talk to people. … I'm the mayor and I'm not agreeing to … 99 years. I'm saying it's either 40 years or less." His office has not offered an estimate of what such a deal could bring in, saying it would be premature.

"No final decisions have been made, but we can't make a decision until we evaluate fully if this could be a win for Chicagoans," Emanuel said.

A private operator would take over management of such revenue-producing activities as food, beverage and car rental concessions and parking lots. The FAA would continue to provide air traffic control, while the Transportation Security Administration would continue to provide security operations. The city would retain ownership.

Few details were provided about how privatization would affect travelers and Midway employees. Emanuel said specifics will emerge over time.

By year's end, the city will send the FAA a preliminary application, a timetable and a draft "request for qualification," a document the city will put out early next year to identify qualified bidders for the project. A review of the potential bidders will be conducted in the spring.

Last year, Emanuel expressed hesitation in pursuing a private lease for Midway unless a careful vetting process was in place, saying taxpayers were correct to be wary, given the city's history.

The evaluation process will be deliberate and open to public view, he said Thursday.

He pledged to create a committee of business, labor and civic leaders that will provide updates to the public on a regular basis and that will select an independent adviser to vet the transaction. The committee will deliver a report to the City Council, and there will be a 30-day review period before any vote.

"I set up a different process and a different set of principles that stand in stark contrast to what was discussed or done in the past," Emanuel said.

The FAA pilot program frees cities from regulations that require airport revenue to be used for airport purposes. It allows money to be withdrawn for other uses.

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Inmate caught 2 days after escape from South Loop lockup




















Police entered ahomein Southwest suburban Tinley Park about 11:30 Tuesday morning, searching for two escaped prisoners.






















































Joseph "Jose" Banks has been caught by authorities late Thursday evening, according to law enforcement sources.


FBI agents and Chicago Police arrested Banks about 11:30 p.m. Thursday in the 2300 block of North Boswworth Avenue in the Sheffield Neighbors neighborhood. 


and his cellmate, Kenneth Conley, both convicted bank robbers were awaiting sentencing and last accounted for at 10 p.m. Monday during a routine bed check, authorities said. About 7 a.m. Tuesday, jail employees arriving for work saw the ropes dangling from a hole in an exterior wall near the 15th floor. The duo used sheets to crawl from a window.


The two had put clothing and sheets under blankets in both their beds to throw off guards making nighttime checks, authorities said.

Cameras mounted to the side of the 28-story Metropolitan Correctional Center in the South Loop captured Banks and Conley sliding down the building shortly after 2:30 a.m. Tuesday on a rope constructed from knotted bedsheets, an employee, who wished to remain anonymous, said. The men left view briefly, but it was believed they landed on the roof of a garage below. Moments later, footage from a different camera showed them hopping a black fence marking the perimeter of the property, according to the employee.

The FBI said a surveillance camera a few blocks from the jail showed the men, who wore light-colored clothing, hailing a taxi at Congress Parkway and Michigan Avenue. They also appeared to be wearing backpacks, according to the FBI.

The manhunt for the inmates included several high-profile raids Tuesday in the southwest suburbs of Tinley Park and New Lenox, where Conley's family and associates lived. A $50,000 reward for information leading to the capture of the two fugitives was announced by the FBI this week.

Conley is still unaccounted for as of Friday morning.

pnickeas@tribune.com

jmeisner@tribune.com

asweeney@tribune.com







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Insiders steal a march in leak prone Asian markets






SINGAPORE (Reuters) – When South Korean automaker Hyundai Motor Co announced last month it had overstated the fuel efficiency levels on around one million of its cars in the United States and Canada some investors were left fuming more than others.


Some had already sold their shares before the announcement on November 2. The stock fell 4 percent on November 1 with about 2.2 million shares changing hands, the highest trading volume of the year at that point.






“This smells pretty bad,” said Robert Boxwell, director of consulting firm Opera Advisors in Kuala Lumpur who has studied insider dealing patterns.


“It would have fallen into our suspect trading category,” he added.


Boxwell spots suspect trading by looking at how much the volume diverges from the average level in the days before a market moving announcement. In the Hyundai instance, the volume was more than five standard deviations, a measure of variation, away from the daily average of 598,741 shares over the past year.


A Hyundai spokeswoman declined to comment.


Research from the Capital Markets Co-operative Research Centre (CMCRC), an academic centre in Sydney that studies financial market efficiency, found that 26 percent of price-sensitive announcements in Asia Pacific markets showed signs of leakage in the first quarter of this year, the most recent period for which data was available.


That compared with 13 percent in North American markets.


The CMCRC says it looks for suspected information leaks by examining abnormal price moves and trading volumes ahead of price-sensitive announcements.


Investors say one reason for leaks in Asia has been low enforcement rates for insider trading and breaches of disclosure rules. Enforcement in some markets is virtually non-existent.


There are also misconceptions about whether trading on non-public information is a crime.


“The idea that insider trading is wrong rather than smart is only being ingrained in the current generation of Asian players, not the older generation who are often still in the driving seat,” said Peter Douglas, founder of GFIA, a hedge fund consultancy in Singapore.


LOSS OF CONFIDENCE


Japan’s largest investment bank Nomura Holdings was embarrassed this year after regulatory investigations found it leaked information to clients ahead of three public share offerings.


Nomura has acknowledged that its employees leaked information on three share issues it underwrote in 2010. In June, it published the results of an internal investigation that found breaches of basic investment banking safeguards against leaking confidential information and announced a raft of measures to prevent recurrence.


The bank was also fined 200 million yen ($ 2.37 million) by the Tokyo Stock Exchange and 300 million yen by the Japan Securities Dealers Association.


Such leaks hurt companies’ share prices in the long run because investors put in less money if they feel they are not on a level playing field.


“It is very damaging. You may not know how much money you’ve lost but if there is not confidence that the regulators are prosecuting and enforcing the rules on this then it undermines investor confidence and liquidity,” said Jamie Allen, secretary general of the Asian Corporate Governance Association.


The issue isn’t being ignored. Many Asian markets such as Hong Kong and China have tightened their rules on insider trading over the past decade.


Indeed some investors feel that while leaks and insider dealing are unfair, regulators in the region have more serious issues they should be tackling.


“I would like to see the regulators spend more resources on investigating and prosecuting fraud against listed companies, which severely damages shareholder value,” said David Webb, a corporate governance activist in Hong Kong, arguing insider dealing as less of an impact on a company’s long-term share price.


HTC AND APPLE


A week after Hyundai’s announcement about its problems in the United States, there was an unexpected move on the Taiwan Stock Exchange.


Shares in smartphone maker HTC Corp jumped almost seven percent on Friday, November 9, hitting the daily upper trading limit. On Sunday came the surprise announcement that the company was ending its long-running patent dispute with Apple Inc , a move seen as a positive for the stock.


The Taiwan bourse announced it was investigating the trading patterns to see if there was a possible leak.


When asked for comment, HTC referred back to a November 13 statement in which the company said it had kept the Apple settlement process confidential and has strict controls on insider trading.


Michael Lin, a spokesman for the Taiwan Exchange, told Reuters on Friday that the bourse is still working with the regulator on the case.


‘ENORMOUS LOSSES’


Michael Aitken, who oversees research at the CMCRC, said many other Asian markets lack tough enough rules to force information to be released as efficiently and timely as possible, a primary reason for the prevalence of leaks.


“Poor regulation hampers enforcement efforts,” he said pointing out that few markets have the “continuous disclosure” rules used in Australia which require listed companies to release material information as soon as possible.


In Korea, when Hyundai shares started to fall, rumours began swirling that news about a problem with some of its cars was on its way, but investors say it took the company too long to disclose what exactly was happening.


“Hyundai at that time did not confirm the rumours. We suffered enormous losses because of this,” said one fund manager, who declined to be named because he was not authorised to speak to the media.


An official from Korea Exchange declined to comment on whether it was investigating this case, saying only that the exchange looks carefully into possible cases of insider trading.


Across Asia, regulators concede that many company executives and insiders still do not appreciate that leaking or trading on material, non-public information is an offence.


“People don’t even know they are engaging in insider trading, for example if their friends are talking about it on the golf course,” said Tong Daochi director-general for international affairs at the China Securities Regulatory Commission, during a regulation conference last month.


“We try to tell society, what are the criminal issues, what are the insider trading issues? For example we have held 27 press conferences to tell the public what kind of activities are involved in insider trading and to let people know that this is an active crime.” ($ 1 = 84.2600 Japanese yen) ($ 1 = 0.6147 British pounds)


(Reporting by Rachel Armstrong; additional reporting by Nishant Kumar in HONG KONG and Hyunjoo Jin in SEOUL; Editing by Emily Kaiser)


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Marilyn Monroe subway grate photo on view in NYC






NEW YORK (AP) — A famous image of Marilyn Monroe with her skirt billowing atop a New York City subway grate is on display in a picture-perfect spot: outside the Times Square subway station.


The supersized version of Sam Shaw‘s well-known picture is part of an exhibit. The exhibit also features eight of Shaw’s other Monroe pictures, on view inside the 42nd Street-Bryant Park station on the B, D, F, M and 7 lines.






The show opened Thursday. It’ll be up for a year.


Shaw shot the subway grate photo for the 1955 film “The Seven Year Itch.” He took the other pictures in 1957.


The exhibit is part of the Metropolitan Transportation Authority’s Arts for Transit program. Manager Lester Burg says matching a mass transit setting with a popular figure from mass culture seemed a good fit.


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