Instagram furor triggers first class action lawsuit






SAN FRANCISCO (Reuters) – Facebook‘s Instagram photo sharing service has been hit with what appears to be the first civil lawsuit to result from changed service terms that prompted howls of protest last week.


In a proposed class action lawsuit filed in San Francisco federal court on Friday, a California Instagram user leveled breach of contract and other claims against the company.






“We believe this complaint is without merit and we will fight it vigorously,” Facebook spokesman Andrew Noyes said in an e-mail.


Instagram, which allows people to add filters and effects to photos and share them easily on the Internet, was acquired by Facebook earlier this year for $ 715 million.


In announcing revised terms of service last week, Instagram spurred suspicions that it would sell user photos without compensation. It also announced a mandatory arbitration clause, forcing users to waive their rights to participate in a class action lawsuit except under very limited circumstances.


The current terms of service, in effect through mid-January, contain no such liability shield.


The backlash prompted Instagram founder and CEO Kevin Systrom to retreat partially a few days later, deleting language about displaying photos without compensation.


However, Instagram kept language that gave it the ability to place ads in conjunction with user content, and saying “that we may not always identify paid services, sponsored content, or commercial communications as such.” It also kept the mandatory arbitration clause.


The lawsuit, filed by San Diego-based law firm Finkelstein & Krinsk, says customers who do not agree with Instagram’s terms can cancel their profile but then forfeit rights to photos they had previously shared on the service.


“In short, Instagram declares that ‘possession is nine-tenths of the law and if you don’t like it, you can’t stop us,’” the lawsuit says.


Kurt Opsahl, a senior staff attorney with the Electronic Frontier Foundation who had criticized Instagram, said he was pleased that the company rolled back some of the advertising terms and agreed to better explain their plans in the future.


However, he said the new terms no longer contain language which had explicitly promised that private photos would remain private. Facebook had engendered criticism in the past, Opsahl said, for changing settings so that the ability to keep some information private was no longer available.


“Hopefully, Instagram will learn from that experience and refrain from removing privacy settings,” Opsahl said.


The civil lawsuit in U.S. District Court, Northern District of California, is Lucy Funes, individually and on behalf of all others similarly situated vs. Instagram Inc., 12-cv-6482.


(Reporting by Dan Levine; Editing by Dan Grebler)


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Reality TV star Bethenny Frankel and husband to separate






NEW YORK (Reuters) – Reality TV star Bethenny Frankel and her husband Jason Hoppy are separating, Frankel announced on Sunday.


“It brings me great sadness to say that Jason and I are separating. This was an extremely difficult decision that, as a woman and a mother, I have to accept as the best choice for our family,” Frankel said in a statement confirmed by her representative.






“We have love and respect for one another and will continue to amicably co-parent our daughter who is and will always remain our first priority. This is an immensely painful and heartbreaking time for us.”


Frankel, 42, and Hoppy married in March of 2010. They have a daughter, Bryn, who was born in May of 2010.


On Sunday, Frankel tweeted, “I am heartbroken. I am sad. We will work through this as a family.”


Frankel first attracted attention in 2008 on the reality show “The Real Housewives of New York City,” which chronicles the exploits of wealthy New York women. She went on to star in two other reality TV shows, “Bethenny Getting Married?” and “Bethenny Ever After…,” both of which centered on the couple’s marriage and child-rearing.


Frankel also founded the Skinnygirl line of cocktails, and has written several diet and self-help books. In 2012 she launched a talk show, “Bethenny,” which is set to air nationally in 2013.


(Reporting By Andrea Burzynski; Editing by Stacey Joyce)


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Few tests done at toxic sites after superstorm






OLD BRIDGE, N.J. (AP) — For more than a month, the U.S. Environmental Protection Agency has said that the recent superstorm didn’t cause significant problems at any of the 247 Superfund toxic waste sites it’s monitoring in New York and New Jersey.


But in many cases, no actual tests of soil or water are being conducted, just visual inspections.






The EPA conducted a handful of tests right after the storm, but couldn’t provide details or locations of any recent testing when asked last week. New Jersey officials point out that federally designated Superfund sites are EPA’s responsibility.


The 1980 Superfund law gave EPA the power to order cleanups of abandoned, spilled and illegally dumped hazardous wastes that threaten human health or the environment. The sites can involve long-term or short-term cleanups.


Jeff Tittel, executive director of the Sierra Club in New Jersey, says officials haven’t done enough to ensure there is no contamination from Superfund sites. He’s worried toxins could leach into groundwater and the ocean.


“It’s really serious and I think the EPA and the state of New Jersey have not done due diligence to make sure these sites have not created problems,” Tittel said.


The EPA said last month that none of the Superfund sites it monitors in New York or New Jersey sustained significant damage, but that it has done follow-up sampling at the Gowanus Canal site in Brooklyn, the Newtown Creek site on the border of Queens and Brooklyn, and the Raritan Bay Slag site, all of which flooded during the storm.


But last week, EPA spokeswoman Stacy Kika didn’t respond to questions about whether any soil or water tests have been done at the other 243 Superfund sites. The agency hasn’t said exactly how many of the sites flooded.


“Currently, we do not believe that any sites were impacted in ways that would pose a threat to nearby communities,” EPA said in a statement.


Politicians have been asking similar questions, too. On Nov. 29, U.S. Sen. Frank Lautenberg, D-N.J., wrote to the EPA to ask for “an additional assessment” of Sandy’s impact on Superfund sites in the state.


Elevated levels of lead, antimony, arsenic and copper have been found at the Raritan Bay Slag site, a Superfund site since 2009. Blast furnaces dumped lead at the site in the late 1960s and early 1970s, and lead slag was also used there to construct a seawall and jetty.


The EPA found lead levels as high as 142,000 parts per million were found at Raritan Bay in 2007. Natural soil levels for lead range from 50 to 400 parts per million.


The EPA took four samples from the site after Superstorm Sandy: two from a fenced-off beach area and two from a nearby public playground. One of the beach samples tested above the recreational limit for lead. In early November, the EPA said it was taking additional samples “to get a more detailed picture of how the material might have shifted” and will “take appropriate steps to prevent public exposure” at the site, according to a bulletin posted on its website. But six weeks later, the agency couldn’t provide more details of what has been found.


The Newtown Creek site, with pesticides, metals, PCBs and volatile organic compounds, and the Gowanus Canal site, heavily contaminated with PCBs, heavy metals, volatile organics and coal tar wastes, were added to the Superfund list in 2010.


Some say the lead at the Raritan Bay site can disperse easily.


Gabriel Fillippeli, director of the Center for Urban Health at Indiana University-Purdue University Indianapolis, said lead tends to stay in the soil once it is deposited but can be moved around by stormwaters or winds. Arsenic, which has been found in the surface water at the site, can leach into the water table, Fillippeli said.


“My concern is twofold. One is, a storm like that surely moved some of that material physically to other places, I would think,” Fillippeli said. “If they don’t cap that or seal it or clean it up, arsenic will continue to make its way slowly into groundwater and lead will be distributed around the neighborhood.”


The lack of testing has left some residents with lingering worries.


The Raritan Bay Slag site sits on the beach overlooking a placid harbor with a view of Staten Island. On a recent foggy morning, workers were hauling out debris, and some nearby residents wondered whether the superstorm increased or spread the amount of pollution at the site.


“I think it brought a lot of crud in from what’s out there,” said Elise Pelletier, whose small bungalow sits on a hill overlooking the Raritan Bay Slag site. “You don’t know what came in from the water.” Her street did not flood because it is up high, but she worries about a park below where people go fishing and walk their dogs. She would like to see more testing done.


Thomas Burke, an associate dean at the Johns Hopkins School of Public Health, says both federal and state officials generally have a good handle on the major Superfund sites, which often use caps and walls to contain pollution.


“They are designed to hold up,” Burke said of such structures, but added that “you always have to be concerned that an unusual event can spread things around in the environment.” Burke noted that the storm brought in a “tremendous amount” of water, raising the possibility that groundwater plumes could have changed.


“There really have to be evaluations” of communities near the Superfund sites, he said. “It’s important to take a look.”


Officials in both New York and New Jersey note they’ve also been monitoring less toxic sites known as brownfields and haven’t found major problems. The New York DEC said in a statement that brownfields in that state “were not significantly impacted” and that they don’t plan further tests for storm impacts.


Larry Ragonese, a spokesman for the New Jersey Department of Environmental Protection, said the agency has done visual inspections of major brownfield sites and also alerted towns and cities to be on the lookout for problems. Ragonese said they just aren’t getting calls voicing such concerns.


Back at the Raritan Bay slag site, some residents want more information. And they want the toxic soil, which has sat here for years, out.


Pat Churchill, who was walking her dog in the park along the water, said she’s still worried.


“There are unanswered questions. You can’t tell me this is all contained. It has to move around,” Churchill said.


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Few tests done at toxic sites after superstorm






OLD BRIDGE, N.J. (AP) — For more than a month, the U.S. Environmental Protection Agency has said that the recent superstorm didn’t cause significant problems at any of the 247 Superfund toxic waste sites it’s monitoring in New York and New Jersey.


But in many cases, no actual tests of soil or water are being conducted, just visual inspections.






The EPA conducted a handful of tests right after the storm, but couldn’t provide details or locations of any recent testing when asked last week. New Jersey officials point out that federally designated Superfund sites are EPA’s responsibility.


The 1980 Superfund law gave EPA the power to order cleanups of abandoned, spilled and illegally dumped hazardous wastes that threaten human health or the environment. The sites can involve long-term or short-term cleanups.


Jeff Tittel, executive director of the Sierra Club in New Jersey, says officials haven’t done enough to ensure there is no contamination from Superfund sites. He’s worried toxins could leach into groundwater and the ocean.


“It’s really serious and I think the EPA and the state of New Jersey have not done due diligence to make sure these sites have not created problems,” Tittel said.


The EPA said last month that none of the Superfund sites it monitors in New York or New Jersey sustained significant damage, but that it has done follow-up sampling at the Gowanus Canal site in Brooklyn, the Newtown Creek site on the border of Queens and Brooklyn, and the Raritan Bay Slag site, all of which flooded during the storm.


But last week, EPA spokeswoman Stacy Kika didn’t respond to questions about whether any soil or water tests have been done at the other 243 Superfund sites. The agency hasn’t said exactly how many of the sites flooded.


“Currently, we do not believe that any sites were impacted in ways that would pose a threat to nearby communities,” EPA said in a statement.


Politicians have been asking similar questions, too. On Nov. 29, U.S. Sen. Frank Lautenberg, D-N.J., wrote to the EPA to ask for “an additional assessment” of Sandy’s impact on Superfund sites in the state.


Elevated levels of lead, antimony, arsenic and copper have been found at the Raritan Bay Slag site, a Superfund site since 2009. Blast furnaces dumped lead at the site in the late 1960s and early 1970s, and lead slag was also used there to construct a seawall and jetty.


The EPA found lead levels as high as 142,000 parts per million were found at Raritan Bay in 2007. Natural soil levels for lead range from 50 to 400 parts per million.


The EPA took four samples from the site after Superstorm Sandy: two from a fenced-off beach area and two from a nearby public playground. One of the beach samples tested above the recreational limit for lead. In early November, the EPA said it was taking additional samples “to get a more detailed picture of how the material might have shifted” and will “take appropriate steps to prevent public exposure” at the site, according to a bulletin posted on its website. But six weeks later, the agency couldn’t provide more details of what has been found.


The Newtown Creek site, with pesticides, metals, PCBs and volatile organic compounds, and the Gowanus Canal site, heavily contaminated with PCBs, heavy metals, volatile organics and coal tar wastes, were added to the Superfund list in 2010.


Some say the lead at the Raritan Bay site can disperse easily.


Gabriel Fillippeli, director of the Center for Urban Health at Indiana University-Purdue University Indianapolis, said lead tends to stay in the soil once it is deposited but can be moved around by stormwaters or winds. Arsenic, which has been found in the surface water at the site, can leach into the water table, Fillippeli said.


“My concern is twofold. One is, a storm like that surely moved some of that material physically to other places, I would think,” Fillippeli said. “If they don’t cap that or seal it or clean it up, arsenic will continue to make its way slowly into groundwater and lead will be distributed around the neighborhood.”


The lack of testing has left some residents with lingering worries.


The Raritan Bay Slag site sits on the beach overlooking a placid harbor with a view of Staten Island. On a recent foggy morning, workers were hauling out debris, and some nearby residents wondered whether the superstorm increased or spread the amount of pollution at the site.


“I think it brought a lot of crud in from what’s out there,” said Elise Pelletier, whose small bungalow sits on a hill overlooking the Raritan Bay Slag site. “You don’t know what came in from the water.” Her street did not flood because it is up high, but she worries about a park below where people go fishing and walk their dogs. She would like to see more testing done.


Thomas Burke, an associate dean at the Johns Hopkins School of Public Health, says both federal and state officials generally have a good handle on the major Superfund sites, which often use caps and walls to contain pollution.


“They are designed to hold up,” Burke said of such structures, but added that “you always have to be concerned that an unusual event can spread things around in the environment.” Burke noted that the storm brought in a “tremendous amount” of water, raising the possibility that groundwater plumes could have changed.


“There really have to be evaluations” of communities near the Superfund sites, he said. “It’s important to take a look.”


Officials in both New York and New Jersey note they’ve also been monitoring less toxic sites known as brownfields and haven’t found major problems. The New York DEC said in a statement that brownfields in that state “were not significantly impacted” and that they don’t plan further tests for storm impacts.


Larry Ragonese, a spokesman for the New Jersey Department of Environmental Protection, said the agency has done visual inspections of major brownfield sites and also alerted towns and cities to be on the lookout for problems. Ragonese said they just aren’t getting calls voicing such concerns.


Back at the Raritan Bay slag site, some residents want more information. And they want the toxic soil, which has sat here for years, out.


Pat Churchill, who was walking her dog in the park along the water, said she’s still worried.


“There are unanswered questions. You can’t tell me this is all contained. It has to move around,” Churchill said.


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Taliban not demanding Afghan power monopoly






KABUL, Afghanistan (AP) — Taliban representatives at a conference did not insist on total power in Afghanistan and pledged to grant rights to women that the militant Islamist group itself brutally suppressed in the past, according to a Taliban statement received Sunday.


The pledges emerged from a rare meeting last week involving Taliban and Kabul government representatives.






The less strident substance and tone came in a speech delivered at a conference in France. The French hosts described it as a discussion among Afghans rather than peace negotiations.


It was hard to determine whether the softer line taken by the Taliban representatives reflected a real shift in policy or a salvo in the propaganda war for the hearts and minds of Afghans.


The speech said that a new constitution would protect civil and political rights of all citizens. It promised that women would be allowed to choose husbands, own property, attend school and seek work, rights denied them during Taliban rule, which ended with the 2001 U.S. invasion. The speech was emailed from Taliban spokesman Zabihullah Mujahid.


“We are not looking to monopolize power. We want an all-Afghan inclusive government,” the speech said. It was delivered by two Taliban officials, Mawlawi Shahbuddin Dilawar and Muhammad Naeem during the conference on Thursday and Friday.


Afghanistan’s Foreign Ministry spokesman said the government welcomed such talks but did not expect them to bridge the gap between the warring sides.


The United States started to embrace the idea of peace talks after President Barack Obama took office, but discussions stalled in recent years, despite the formation of an Afghan government council tasked with reaching out to the Taliban and the establishment of a Taliban political office in Qatar.


“The peace initiative is a process, and one or two or three meetings are not going to solve the problems. But we are hopeful for the future,” Foreign Ministry spokesman Janan Mosazai said. He said the government’s preconditions for the talks with the Taliban have not changed: a cease-fire, recognition of the Afghan constitution, cutting ties with international terrorists and agreeing to respect the rights of Afghan citizens including women and children.


The Taliban speech reiterated the group’s own longtime policies, declaring that the current constitution was “illegitimate because it is written under the shadow of (U.S.) B-52 aircraft” and that the Taliban remained the legitimate government of the country, a reference to the U.S.-led campaign that drove the Taliban from power.


It also called for the withdrawal of all foreign forces and said a 2014 national election was “not beneficial for solving the Afghan quandary” because it would take place while the country was still under foreign occupation.


Most NATO forces are scheduled to be withdrawn by 2014. The Kabul government and its international backers hope that a peace deal can be brokered with the Taliban and other militant groups before the pullout. NATO still has more than 100,000 troops, including 66,000 U.S. soldiers, on the ground. Washington is now determining the size of a scaled down force the United States will keep in Afghanistan after 2014.


“The occupation must be ended as a first step, which is the desire of the entire nation, because this is the mother of all these tragedies,” the speech said.


The conference was also attended by the Hezb-e-Islami group, which is allied with the Taliban, and political opponents of President Hamid Karzai, whom the Taliban regard as a puppet of Washington.


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How to Get Free Last-Minute Shipping






First, the bad news: the cut off for free shipping on most online sites was Tuesday, Dec 18th. But the good news – we’ve got some sneaky ways to finagle free rush shipping and a list of sites still offering free shipping guaranteed to arrive before December 25th.


Free Rush Shipping
Some of the biggest online retailers are still offering free last minute shipping:






  • Barnes & Noble – free shipping on Nook HD through Dec. 22

  • MacMall – free 2-day shipping on orders over $ 299 and under 25lbs – through 6 p.m. PST Dec. 22.

  • Macy’s – free shipping on orders over $ 99. Place order 11:59 p.m. EST Dec. 20.

  • The Northface – free 2-day shipping on everything through 11:59 p.m. Dec. 19.

  • Walmart.com has extended free shipping through December 19th on some items (check product page for eligibility)

  • Overstock.com – free shipping on select gifts. Place order by Dec. 22 to receive by Christmas.

  • Newegg   Free 2-Day shipping on over 200 items

  • Target – free shipping on Daily Deals

  • Victoria’s Secret – free shipping on orders over $ 100 using code “SHIP12.” Order by 5 p.m. EST on Dec. 20.

  • Zappos – free shipping for all items with guaranteed Christmas delivery if ordered by 11:59 p.m. PST Dec. 22.

And the biggest of the big online retailers, Amazon, has a limited set of items available for free expedited shipping. These include jewelry, watches, clothing, video games, laptops, headphones, and kitchen items.


[Related: Great Gifts for Under $ 25]


But since many of the above deals are limited to select items, take a look at…


How to Get Free 2-Day Shipping on Just About Everything
Amazon Prime is a yearly subscription service. In exchange for a $ 79 fee, you get free 2 day shipping all year long. And yes, that also applies at Christmas (must order by 3 p.m. EST Dec. 22 to receive on time). Best deal is that you can get a free 6-month trial.a1b8f  free shipping fp How to Get Free Last Minute Shipping


And here’s the real sneaky surprise: Do you have a family member who already belongs to Prime? They can nominate up to four people for the same free shipping benefits. Prime members nominate someone by going to their account, clicking “Settings” and “Manage Prime Membership.”


Also, Amazon Student is a free 6-month membership to Prime with all the benefits, providing you have an email address that ends in .edu.


But you don’t have to limit yourself to Amazon. Shoprunner.com also offers free 2-day shipping, though the membership service costs $ 8.95 a month – so not entirely free, but if you have numerous items still to buy, you could save a bundle.  And Shoprunner has tons of participating online retailers like Toys R Us, Sports Authority, Claire’s, PetSmart and EMS. Say you want to buy something from PetSmart.com, if you sign in with Shoprunner, many of the items on the site will be eligible for free 2-day shipping. One more thing to try: I was able to sign up for a free 1-year membership to Shoprunner using the promo code RUNNER. The site implied I had to be an American Express member, but it never asked for my details about the credit card, and now I have a membership. Good luck.


Ship to Store
Finally, the best last-minute option for many is to ship to store. You peruse all the options from home, pay online, and then pick up your selection at your local store. Tons of big retailers offer this service, and it guarantees your item will be in stock and waiting for you at customer service. Major retailers offering free Ship to Store include:


  • Best Buy

  • Target

  • Toys R Us

  • Walmart

  • Sears

[Related: Best E-Reader for Under $ 100]


Brad Marshland contributed to this story.


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Iron Butterfly bassist Lee Dorman dies at age 70






LOS ANGELES (AP) — Lee Dorman, the bassist for psychedelic rock band Iron Butterfly, has died at age 70.


Orange County sheriff‘s spokeswoman Gail Krause says Dorman was found dead in a vehicle Friday morning. A coroner’s investigation is under way, but foul play is not suspected.






Krause said Dorman may have been on his way to a doctor’s appointment when he died.


Iron Butterfly was formed and rose to prominence in the late 1960s. Its second album, “In-A-Gadda-Da-Vida,” sold more than 30 million copies, according to the band’s website. The title track’s distinctive notes have been featured in numerous films and TV shows including “The Simpsons,” ”That ’70s Show” and in the series finale of “Rescue Me.”


Douglas Lee Dorman was born in September 1942 and had been living in Laguna Niguel, a coastal city in Southern California, when he died.


A message sent through the band’s website was not immediately returned.


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Violence, fear & suspicion imperil Pakistan’s war on polio






ISLAMABAD, Pakistan (Reuters) – Pakistani health worker Bushra Bibi spent eight years trekking to remote villages, carefully dripping polio vaccine into toddlers’ pursed mouths to protect them from the crippling disease.


Now the 35-year-old mother is too scared to go to work after masked men on motorbikes gunned down nine of her fellow health workers in a string of attacks this week.






“I have seen so much pain in the eyes of mothers whose children have been infected. So I have never seen this as just a job. It is my passion,” she said. “But I also have a family to look after … Things have never been this bad.”


After the deaths, the United Nations put its workers on lockdown. Immunizations by the Pakistani government continued in parts of the country. But the violence raised fresh questions over stability in the South Asian nation.


Pakistan’s Taliban insurgency, convinced that the anti-polio drive is just another Western plot against Muslims, has long threatened action against anyone taking part in it.


The militant group’s hostility deepened after it emerged that the CIA – with the help of a Pakistani doctor – had used a vaccination campaign to spy on Osama bin Laden’s compound before he was killed by U.S. special forces in a Pakistan town last year.


Critics say the attacks on the health workers are a prime example of the government’s failure to formulate a decisive policy on tackling militancy, despite pressure from key ally the United States, the source of billions of dollars in aid.


For years, authorities were aware that Taliban commanders had broadcast claims that the vaccination drive was actually a plot to sterilize Muslims.


That may seem absurd to the West, but in Pakistan such assertions are plausible to some. Years of secrecy during military dictatorships, frequent political upheaval during civilian rule and a poor public education system mean conspiracy theories run wild.


“Ever since they began to give these polio drops, children are reaching maturity a lot earlier, especially girls. Now 12 to 13-year-old girls are becoming women. This causes indecency in society,” said 45-year-old Mir Alam Khan, a carpet seller in the northern town of Dera Ismail Khan.


The father of four didn’t allow any of his children to receive vaccinations.


“Why doesn’t the United States give free cures for other illnesses? Why only polio? There has to be an agenda,” he said.


While health workers risk attacks by militants, growing suspicions from ordinary Pakistanis are lowering their morale. Fatima, a health worker in the northwestern city of Peshawar, said that reaction to news of the CIA polio campaign was so severe that many of her colleagues quit.


“People’s attitudes have changed. You will not believe how even the most educated and well-to-do people will turn us away, calling us U.S. spies and un-Islamic,” said the 25-year-old who did not give her last name for fear of reprisals.


“Boys call us names, they say we are ‘indecent women’.”


Pakistan’s government has tried to shatter the myths that can undermine even the best-intentioned health projects by turning to moderate clerics and urging them to issue religious rulings supporting the anti-polio efforts.


Tahir Ashrafi, head of the All Pakistan Ulema Council, said the alliance of clerics had done its part, and it was up to the government to come to the rescue of aid workers.


“Clerics can only give fatwas and will continue to come together and condemn such acts,” he said. “What good are fatwas if the government doesn’t provide security?”


RISK OF POLIO RETURNING


That may be a tall order in Pakistan, where critics allege government officials are too busy lining their pockets or locked in power struggles to protect its citizens, even children vulnerable to diseases that can cripple or disfigure them.


Pakistani leaders deny such accusations.


Politicians also have a questionable track record when it comes to dealing with all the other troubles afflicting nuclear-armed Pakistan.


The villages where health workers once spent time tending to children often lack basic services, clinics, clean water and jobs. Industries that could strengthen the fragile economy are hobbled by chronic power cuts.


Deepening frustrations with those issues often encourage Pakistanis to give up on the state and join the Taliban.


So far it’s unclear who is behind the shootings. The main Taliban spokesman said they were opposed to the vaccination scheme but the group distanced itself from the attacks.


But another Taliban spokesman in South Waziristan said their fighters were behind an attack on a polio team in the northwestern town of Lakki Marwat on Monday. “The vaccinations were part of “a secret Jewish-American agenda to poison Pakistanis”, he said.


What is clear is the stakes are high.


Any gaps in the program endanger hard-won gains against a disease that can cause death or paralysis within hours.


A global effort costing billions of dollars eradicated polio from every country except Nigeria, Afghanistan and Pakistan.


Vaccinations cut Pakistan‘s polio cases from 20,000 in 1994 to 56 in 2012 and the disease seemed isolated in a pocket in the north. But polio is spread person-to-person, so any outbreak risks re-infecting communities cleared of the disease.


Last year, a strain from Pakistan spread northeast and caused the first outbreak in neighboring China since 1999.


Oliver Rosenbauer, a spokesman for the World Health Organization, said the group had been coming closer to eradicating the disease.


“For the first time, the virus had been geographically cornered,” he said. “We don’t want to lose the gains that had been made … Any suspension of activities gives the virus a new foothold and the potential to come roaring back and paralyze more children.”


MOURNING FAMILIES


Condemnation of the killings has been nearly universal. Clerics called for demonstrations to support health workers, the government has promised compensation for the deaths and police have vowed to provide more protection.


For women like Fehmida Shah, it’s already too late. The 44-year-old health worker lived with her family in a two-room house before gunmen shot her on Tuesday.


Her husband, Syed Riaz Shah, said she spent her tiny salary – the equivalent of just $ 2 a day – on presents for their four daughters. Even though the family was struggling, she always found some spare money for any neighbor in need.


“She was very kind and big hearted. All the women in our lane knew her,” he said.


“The entire neighborhood is in shock. Pray for my daughters. I will get through this. But I don’t know how they will.”


(Additional reporting by Imtiaz Shah in Karachi, Jibran Ahmad in Peshawar, Saud Mehsud in Dera Ismail Khan and Katharine Houreld in Islamabad; Editing by Michael Georgy and Sanjeev Miglani)


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Violence, fear & suspicion imperil Pakistan’s war on polio






ISLAMABAD, Pakistan (Reuters) – Pakistani health worker Bushra Bibi spent eight years trekking to remote villages, carefully dripping polio vaccine into toddlers’ pursed mouths to protect them from the crippling disease.


Now the 35-year-old mother is too scared to go to work after masked men on motorbikes gunned down nine of her fellow health workers in a string of attacks this week.






“I have seen so much pain in the eyes of mothers whose children have been infected. So I have never seen this as just a job. It is my passion,” she said. “But I also have a family to look after … Things have never been this bad.”


After the deaths, the United Nations put its workers on lockdown. Immunizations by the Pakistani government continued in parts of the country. But the violence raised fresh questions over stability in the South Asian nation.


Pakistan’s Taliban insurgency, convinced that the anti-polio drive is just another Western plot against Muslims, has long threatened action against anyone taking part in it.


The militant group’s hostility deepened after it emerged that the CIA – with the help of a Pakistani doctor – had used a vaccination campaign to spy on Osama bin Laden’s compound before he was killed by U.S. special forces in a Pakistan town last year.


Critics say the attacks on the health workers are a prime example of the government’s failure to formulate a decisive policy on tackling militancy, despite pressure from key ally the United States, the source of billions of dollars in aid.


For years, authorities were aware that Taliban commanders had broadcast claims that the vaccination drive was actually a plot to sterilize Muslims.


That may seem absurd to the West, but in Pakistan such assertions are plausible to some. Years of secrecy during military dictatorships, frequent political upheaval during civilian rule and a poor public education system mean conspiracy theories run wild.


“Ever since they began to give these polio drops, children are reaching maturity a lot earlier, especially girls. Now 12 to 13-year-old girls are becoming women. This causes indecency in society,” said 45-year-old Mir Alam Khan, a carpet seller in the northern town of Dera Ismail Khan.


The father of four didn’t allow any of his children to receive vaccinations.


“Why doesn’t the United States give free cures for other illnesses? Why only polio? There has to be an agenda,” he said.


While health workers risk attacks by militants, growing suspicions from ordinary Pakistanis are lowering their morale. Fatima, a health worker in the northwestern city of Peshawar, said that reaction to news of the CIA polio campaign was so severe that many of her colleagues quit.


“People’s attitudes have changed. You will not believe how even the most educated and well-to-do people will turn us away, calling us U.S. spies and un-Islamic,” said the 25-year-old who did not give her last name for fear of reprisals.


“Boys call us names, they say we are ‘indecent women’.”


Pakistan’s government has tried to shatter the myths that can undermine even the best-intentioned health projects by turning to moderate clerics and urging them to issue religious rulings supporting the anti-polio efforts.


Tahir Ashrafi, head of the All Pakistan Ulema Council, said the alliance of clerics had done its part, and it was up to the government to come to the rescue of aid workers.


“Clerics can only give fatwas and will continue to come together and condemn such acts,” he said. “What good are fatwas if the government doesn’t provide security?”


RISK OF POLIO RETURNING


That may be a tall order in Pakistan, where critics allege government officials are too busy lining their pockets or locked in power struggles to protect its citizens, even children vulnerable to diseases that can cripple or disfigure them.


Pakistani leaders deny such accusations.


Politicians also have a questionable track record when it comes to dealing with all the other troubles afflicting nuclear-armed Pakistan.


The villages where health workers once spent time tending to children often lack basic services, clinics, clean water and jobs. Industries that could strengthen the fragile economy are hobbled by chronic power cuts.


Deepening frustrations with those issues often encourage Pakistanis to give up on the state and join the Taliban.


So far it’s unclear who is behind the shootings. The main Taliban spokesman said they were opposed to the vaccination scheme but the group distanced itself from the attacks.


But another Taliban spokesman in South Waziristan said their fighters were behind an attack on a polio team in the northwestern town of Lakki Marwat on Monday. “The vaccinations were part of “a secret Jewish-American agenda to poison Pakistanis”, he said.


What is clear is the stakes are high.


Any gaps in the program endanger hard-won gains against a disease that can cause death or paralysis within hours.


A global effort costing billions of dollars eradicated polio from every country except Nigeria, Afghanistan and Pakistan.


Vaccinations cut Pakistan‘s polio cases from 20,000 in 1994 to 56 in 2012 and the disease seemed isolated in a pocket in the north. But polio is spread person-to-person, so any outbreak risks re-infecting communities cleared of the disease.


Last year, a strain from Pakistan spread northeast and caused the first outbreak in neighboring China since 1999.


Oliver Rosenbauer, a spokesman for the World Health Organization, said the group had been coming closer to eradicating the disease.


“For the first time, the virus had been geographically cornered,” he said. “We don’t want to lose the gains that had been made … Any suspension of activities gives the virus a new foothold and the potential to come roaring back and paralyze more children.”


MOURNING FAMILIES


Condemnation of the killings has been nearly universal. Clerics called for demonstrations to support health workers, the government has promised compensation for the deaths and police have vowed to provide more protection.


For women like Fehmida Shah, it’s already too late. The 44-year-old health worker lived with her family in a two-room house before gunmen shot her on Tuesday.


Her husband, Syed Riaz Shah, said she spent her tiny salary – the equivalent of just $ 2 a day – on presents for their four daughters. Even though the family was struggling, she always found some spare money for any neighbor in need.


“She was very kind and big hearted. All the women in our lane knew her,” he said.


“The entire neighborhood is in shock. Pray for my daughters. I will get through this. But I don’t know how they will.”


(Additional reporting by Imtiaz Shah in Karachi, Jibran Ahmad in Peshawar, Saud Mehsud in Dera Ismail Khan and Katharine Houreld in Islamabad; Editing by Michael Georgy and Sanjeev Miglani)


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The Hedge Fund Hunger Games






The first idea that Tim Harrington, Brian Tomeo, and Spencer Deering had for a business was to gather up brand-new hedge funds and nurture them. They’d invite them to make use of their office in Miami Beach, where they could get advice, legal help, expensive software, and eventually an introduction to investors, with the three benefactors collecting a fee. The second idea, the one the trio went with, was the exact opposite. They would assemble the hedge funds and make them fight.


1b7e6  investing hedgefundhunger52  02  inline202 The Hedge Fund Hunger GamesGrant Cornett for Bloomberg BusinessweekHarrington got into hedge funds in college






This was back in April. The three had been introduced by mutual friends and colleagues over the years: Harrington, a 37-year-old with prematurely white hair who’d gone straight into hedge funds out of college, met Tomeo, 40, a broken-nosed former Princeton lacrosse champion, at a party not long after the latter left JPMorgan Chase (JPM) as a managing director in 2007. Deering, 37, had come late to finance after first working as a teacher and writer; he had promise as a model-handsome charmer of wealthy investors. Together they sensed there was money in the nascent Miami hedge fund scene. Much like investing in a young tech company, hooking up a new hedge fund with seed capital—including, perhaps, some of their own—can be lucrative. The problem was that Harrington and his partners couldn’t tell which of the new funds asking for their money were any good.


It wasn’t easy for the aspiring hedge fund managers they were talking to, either. Investors won’t give capital to managers who have no experience, but managers can’t get experience without capital. Most fledgling funds try to get past this paradox by offering back-tested results, modeling how their trading algorithms would have performed in years past. This is basically historical fiction, and it ignores a fundamental truth of investing: What happened yesterday doesn’t predict what the market will do tomorrow.


What matters is actual performance, which is how Tomeo and Harrington came up with the idea to run a tournament to fill their incubator, weeding out pretenders by making managers compete in real time with real money. The finisher who made the most while risking the least would win the right to manage seven figures of capital. They called their company Battle-Fin.


1b7e6  investing hedgefundhunger52  01  inline202 The Hedge Fund Hunger GamesGrant Cornett for Bloomberg Businessweek“The system is completely broken,” says Tomeo


A trial tournament in July proved that the mechanics of the concept worked. It also demonstrated how difficult it was to win: Tomeo entered and finished fifth out of six. For the next tournament, which they considered their real debut, the three men secured $ 10 million in money to manage from a capital provider in New York named Liquid Holdings Group. Winners would be chosen in three divisions. The “elite” category was for managers who were already running other people’s money. The winner here would run $ 5 million of the prize capital. The “professional” division was for entrants risking any amount of their own money. The winner would run $ 3 million. And the “launch” division was for contestants trading only on paper. There would be two winners in this division, each to be allocated $ 1 million.


Battle-Fin restricted the tournament to quants—managers who develop computer-run algorithms that set rules for trading. Quants aren’t new to Wall Street by any means, but if you’re looking for innovative ideas, then computational finance isn’t a bad place to start. And hedge funds badly need new blood. With notable exceptions, they’ve been clobbered by the plain-old stock market in the last four years. In 2012, the average hedge fund has returned 3 percent; the Standard & Poor’s 500-stock index has returned 15 percent. Investors, meanwhile, pay dearly for the privilege of underperforming—managers typically keep 20 percent of any profit, plus a 2 percent management fee.


“We want to find great people, help them build their business, and build a great business on our own,” Harrington says. “If that turns the hedge fund industry on its head, that’s not our worry.”
 
 
In August, Alon Bochman was sitting at the desk he rents at an office near Grand Central Terminal in New York, reading posts in a LinkedIn (LNKD) group for emerging managers, when he came across one from Harrington. “Our real-time, real-capital tournaments democratically and objectively identify tomorrow’s best and brightest computational financiers—wherever they might be,” it read. A few clicks and an e-mail exchange later, Bochman was in the tournament.


Two and a half years ago, Bochman was earning a comfortable six figures as a portfolio manager at SC Fundamental, a New York hedge fund notable for launching the careers of a handful of wildly successful managers, including David Einhorn. One day he noticed an anomaly in the way a certain kind of exchange-traded fund behaved, so he devised a trading strategy for his personal account that wouldn’t require a lot of monitoring. “I never really looked at it. I had a full-time job I liked very much,” he says. “Then, around December, I got a statement from my broker. And I was like, Huh.” Bochman’s returns had passed 30 percent a year. In March he quit to start his own fund.


Even with his connections, Bochman, 39, found it tough to get a piece of the money streaming into billion-dollar funds. He knew that, as in any industry, pitching hedge fund investors meant hearing “no” a lot. What he wasn’t prepared for were the questionnaires from due diligence firms, the industry’s post-Madoff gatekeepers, which struck him as both invasive and superficial. Asking about strategy and risk tolerance made sense. But his heart condition? Whether he was in the midst of a divorce?


Of every dollar flowing into the industry, 96¢ go to the biggest hedge funds, those with more than $ 5 billion under management. For upstarts, getting capitalized usually means hitting up friends and family, then approaching professional contacts, and gradually moving upward. Performance is the most important factor for attracting money, but allocations are often won or lost on the margins of personality—knowing the right people, having impressive literature, nailing the interview. “The hedge fund industry is supposed to be merit-based, and it’s supposed to be entrepreneurial,” says Bochman. “I think that people have been so shell-shocked by the financial crisis and Bernie Madoff that they’ve given up on merit. They’ll settle on a checklist that ensures you belong to certain clubs, know the right people.” He found the tournament concept refreshing. “What they’re doing is important. They’re one of the few guys saying, ‘This is a contest of ideas, and may the best strategy win.’ This is something that our industry really, really needs.”


Bochman was one of about 3,000 visitors to Battle-Fin’s website after Harrington and Deering began promoting it, which in the small world of aspiring quant hedge fund managers is a lot. About 130 applied.


1b7e6  investing hedgefundhunger52  03  inline202 The Hedge Fund Hunger GamesGrant Cornett for Bloomberg BusinessweekDeering once taught English and wrote a novel


“The pedigree of the guys who are coming across our screen—it’s crazy,” says Deering. (One of the two finalists in the trial tournament was a group of Massachusetts Institute of Technology Ph.D.’s.) “The fact that these guys are coming to us, in these little tournaments that we’re running? It’s so evident that the system is cocked up.”


The funds chosen—26 in all—were run by a motley bunch. Two master-level chess players headed one, which they called Chessica, after the original name, Genius Hedge Fund, failed to go over well with investors. Another fund, ProForza Advisors, boasted a rocket scientist who had worked for NASA, studying weather in the magnetosphere. Yet another contender, Stephen Longo, a Fu Manchu–mustache-sporting Long Islander, had spent 20 years as an engineer at General Motors (GM). He had been racking up impressive gains on a theoretical trading platform for years, making millions, but only on paper; winning the tournament would give him a chance to prove his investing chops without a safety net. Martin Rosenburgh, who managed $ 1 million of friends-and-family money from home on a 27-inch iMac, was also optimistic. Should he win, he hoped to focus on his fund full time. “It’s like American Idol for quant strategies,” he says.


Several contestants spoke of the difficulty of getting in the room with potential investors. “We’re extremely good at the statistical analysis and data visualization and so forth,” says Mark Maldonis, 48. “But marketing skills? God was not good to me.”


Trading began on Oct. 1. From their offices in New York, Los Angeles, London, and elsewhere, the contestants tracked each other’s gains on a leader board updated daily at battle-fin.com. The launch category, where the gains or losses were all on paper, was naturally the most volatile. Longo was up 10 percent after just seven days, with a strategy that took its cues from volatility in the S&P 500. In the $ 5 million elite category—where the contestants were managing real money belonging to real clients—the range was much tighter, within a point or two of zero. Two weeks in, with the stock market down, even flat returns could be regarded as an accomplishment.


Perhaps the most impressive performance was in the intermediate division, where the managers’ own money was at stake. Rosenburgh, 45, had gained nearly 4 percent by the end of October, but he was quickly left in the dust by the 10 percent returns of a fund manager listed on the tournament scoreboard as Z. Liu. Nobody could dig up much information on him, but with a strategy built on the statistical analysis of historical trading data, he seemed proof that the Battle-Fin tournament might be able to pick managers better than Wall Street.
 
 
Dealing with startups often means forgiving a certain amount of amateur behavior. As the contestants entered the second month, several realized something: Battle-Fin was just as much a startup as they were.


Harrington handled the tournament’s day-to-day operations—checking in with contestants, putting out fires, and generally behaving like a theater manager on opening night. Tomeo was the high-level strategist. Deering was in charge of marketing. They had put the tournament concept into practice as rapidly as they could after inventing it. This meant hiccups, corner-cutting, and a lot of improvisation.


1b7e6  investing hedgefundhunger52  04  inline405 The Hedge Fund Hunger Games


John LaChance, a former vice president at JPMorgan, logged on to battle-fin.com one day to discover an organization called “LaChance Capital” next to his name. “There’s no such thing,” he says with a laugh. “I guess they just put that down. I don’t think I’d name it that, either.” Several competitors noticed that five funds disappeared from the leader board without explanation. The head of ProForza Advisors, Sunil Pai, hadn’t even signed up to enter the tournament. One day over the summer, he says, he had called Harrington to learn more about the contest after seeing a LinkedIn post. The next thing he knew, ProForza was listed in the elite category. Harrington “entered us into the competition. I hadn’t actually applied for it,” says Pai, 49.


Midway through the tournament, even some high-level decisions had been left up in the air. “It’s definitely a work in progress,” Harrington says. Who was Battle-Fin’s chief executive officer, anyway? “I don’t know,” Tomeo says. “Who do you think it is?”


All three founders were concerned that two months was too short for a tournament and that they’d end up crowning the merely lucky. The partners also hadn’t figured out how to split revenue on the fees they’d collect from connecting the tournament winners to the capital providers. “One, we trust each other, and two, we’re not fighting over future spoils that haven’t even appeared yet,” Harrington says. “I’ve seen so many businesses where people are fighting and clawing for percentages that never even end up working out.”


There are no signs of tension among the three—the reverse, actually, thanks mostly to Deering’s nonstop comedy routine. A college lacrosse player like Tomeo, Deering taught English at a Chicago-area high school after graduating and self-published a novel about a man, a motorcycle, and the West. Today, he may be the only man in hedge funds who’s written about Southern food for Esquire and relationships, under a pen name, for Cosmopolitan. (“If you’re feeling the love itch, chances are he is as well but is too chicken to be the initiator.”) A theater director in Charleston, S.C., where he lives, nicknamed him Johnny Touchdown.


Harrington had traced a semi-charmed path through the hedge fund world. He started with an internship in college; skipping the usual period of apprenticeship at an investment bank, Harrington then bounced from one billion-dollar operation to the next—Galleon Group, SAC Capital Advisors, JPMorgan. (At the moment, two of those firms are known for scandal: Galleon’s founder, Raj Rajaratnam, was convicted in 2011 of securities fraud, and SAC, headed by Steven Cohen, is the subject of a federal investigation into insider trading. Harrington declined to discuss the topic.) He left JPMorgan in 2009 to start his own business, a hedge fund seeder called Lion’s Path Capital, which is tied to Battle-Fin in several ways. It staked the $ 1 million prize for the company’s trial tournament, and winners use Lion’s Path’s trading platform to manage the capital they win access to.


In Miami Beach, where the finance scene is tiny, Battle-Fin rents office space from Ray Langston, a hedge fund manager who’s a generation older and represents the success the trio hope to have and the old guard they mean to destroy. Langston collects Ferraris, drives away from lunch in a $ 440,000 Porsche Carrera GT roadster, and doesn’t care what you make of his calling President Obama a socialist. Hedgies of Langston’s era had the good fortune to trade amid a decades-long bull market. Back in Battle-Fin’s conference room, Tomeo says the managers in his tournament, with their computational skills, would eat Langston alive. “I just say, Hey, Ray, I would love to see you make it today,” says Tomeo. “I’d love to put you against these guys that I find.”
 
 
The contestants were putting up strong numbers. In the tournament’s final days, 8 out of 10 funds in the real-money divisions were beating the S&P.


LaChance, 37, lives in Pittstown, N.J.—horse country—in a 5,100-square-foot house with a three-car garage on two acres that he bought in 2006, at the absolute top of the market. It’s beautiful, an hour and 40 minutes from New York, and the school bus picks up his twin 12-year-old boys right at the curb. The Tuesday after Thanksgiving, a wet snow is falling, and LaChance misses nothing about his old commute, back when he was a JPMorgan trader. Wearing a North Face fleece and socks, he walks into his ground-floor home office, equipped with three widescreen monitors tracking $ 2.5 million of friends-and-family money in his portfolio. He is up 4 percent in the tournament’s top category—too high for anyone to catch up. For him, winning will be anticlimactic. Harrington has already had him record a victory video.


LaChance runs a handful of strategies at any given time. He mostly trades ADRs—American depositary receipts, or securities of foreign companies that trade on U.S. markets—that he believes are mispriced. LaChance says it’s profitable but not very scalable. “On some of these things, I’m literally the only person trading it,” he says.


In the 12 months leading up to the tournament, LaChance’s return was 39.9 percent. If he repeats that performance in 2013, with $ 5 million in Battle-Fin money in his portfolio, he stands to make an extra $ 399,000 in fee income. If his strategy goes bust, he’ll make nothing: Hedge funds ordinarily charge a 2 percent fee on their assets under management, which guarantees them revenue even in a down year, but Battle-Fin’s rules restrict winners from doing this.


For Longo, 54, winning is more surreal. The former General Motors engineer held on to his early lead in the launch category, giving the paper trader $ 1 million in real capital to invest. “I’m slightly speechless,” he says. “It’s kind of a double-edged sword. I’m obviously happy that I won. The other side is that now the real competition starts, with the markets.” Longo is truly speechless when a reporter points out something Battle-Fin had never told him: They’d be keeping the first 5 percent of any gains he made on the $ 1 million, in exchange for taking a risk on a total unknown. The asterisk applies only to his category. After recovering, Longo says there’s no hard feelings. “There might be a few misunderstandings or a few things that are unclear at this point, but again, the opportunity still far outweighs any of that,” he says.


Rosenburgh fared better under Battle-Fin’s make-it-up-as-we-go-along approach. He never climbed out of second place in the intermediate division but was thrilled to discover that he’d won something anyway. Battle-Fin had decided not to name two winners in the launch division after all, in favor of a floating $ 1 million “wild card.” In late November, Rosenburgh joined the other winners at the Lion’s Path offices in Manhattan, grinning in a group photo with Harrington.


Afterward, the victors walked to a nearby bar. Among them: the mysterious Z. (Zongjian) Liu. He had posted an astonishing 14 percent return in just two months in the intermediate division, risking his own money. As Liu began to explain his strategy and his background, it quickly became clear that he had not thought through the implications of winning $ 3 million to manage—or even competing in the tournament in the first place.


Liu, 34, has a full-time job at a major bank. Every bank’s rules are different about what employees are allowed to do with their investments, but publicly traded, highly regulated banks generally want to know if their employees are running hedge funds in their spare time. Liu hadn’t cleared his participation in the tournament with the compliance department. “Ideally, I should not do this,” he says in nearly perfect English. “Because there will be conflict of interest. Although in my case, there is no conflict of interest.” In two months, Liu says, he will probably quit to manage his portfolio full time. His plan is simply to not let the bank’s compliance officers find out.


Before the tournament, Liu says, he ran about $ 390,000 in friends-and-family money. If he keeps up his annualized 2012 rate of 43.6 percent next year, performance fees on $ 3 million in Battle-Fin money would run to $ 295,608. That may be more than his bank salary, but Liu would also be taking on a huge personal risk. If his models stop working as well and he merely matches the industry’s average 2012 return of 2.9 percent, performance fees on that $ 3 million would total only $ 17,400. Before expenses and taxes.


On the last day of the tournament, Nov. 30, Harrington is unsure how the man he has entrusted with $ 3 million is handling the situation. “We say to people, ‘Look, you have to get clearance from your employer to see if there’s any conflict of interest.’ His whole thing is he said he plans to quit. So, I mean, it’s a little—that’s the one that I don’t know how …” Harrington doesn’t finish the thought.


There are grander plans to discuss. Harrington has just come from a meeting with an investor who’s considering fronting as much as $ 50 million for a third tournament. At the same time, the trio want to take the concept beyond quant trading strategies to commodities, currencies, real estate. “The whole asset management industry is ripe for a technology that turns it upside down,” says Tomeo. Of course, they also want to go global. “We’re going to do Battle-Fin Latin America,” Harrington says. “We’re going to do Battle-Fin Canada. We’re going to do Battle-Fin Asia and Battle-Fin Global, which is when we’re going to take all of the winners and bring them to Miami for kind of a conference and showcase them to different people.”


A few days later, Harrington e-mails to say he’s hopeful the company will win a patent on the tournament. “Things are really moving fast,” he writes. Below his signature is a new Battle-Fin slogan: Time to sink or swim.


Businessweek.com — Top News





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