DealBook: Paulson Opposes MetroPCS Merger With T-Mobile

7:59 p.m. | Updated

The investment firm Paulson & Company, the largest shareholder in MetroPCS Communications, announced on Thursday that it would oppose a planned merger with T-Mobile, saying the deal would saddle the new company with too much debt.

“We believe MetroPCS is worth more as a stand-alone company,” the firm, founded by the billionaire hedge fund manager John Paulson, said in a statement. The firm has a 9.9 percent stake in MetroPCS.

Last October, the two companies announced a complex transaction, under which MetroPCS would conduct a 1-for-2 reverse stock split and pay out $1.5 billion in cash to its existing shareholders. The new company would then issue new stock worth about 74 percent to T-Mobile’s parent, Deutsche Telekom, leaving existing MetroPCS investors with a 26 percent stake.

P. Schoenfeld Asset Management, another large shareholder with a 1.6 percent stake in MetroPCS, announced earlier this month that it was leading a proxy battle opposing the merger.

The deal has not been viewed favorably by the markets, and MetroPCS’s stock is down about 32 percent since before the deal was announced.

In a letter to the MetroPCS and Deutsche Telekom boards on Thursday, Mr. Paulson outlined several issues he had with the merger, including that T-Mobile’s performance has been “poor.”

He did conclude in his letter, however, that he would support a revamped deal that reduces the new company’s debt by $6.6 billion and lower its interest rate to 4.2 percent.

“Indeed, Paulson believes this lower debt and lower interest rate will result in a significantly improved multiple for MetroPCS/T-Mobile, increasing the economic return not only to MetroPCS shareholders, but also to 74% owner Deutsche Telekom,” he wrote.

The company says it plans to continue to pursue the merger.

“The MetroPCS board of directors believes that the proposed combination with T-Mobile is in the best interests of MetroPCS and all MetroPCS stockholders and continues to recommend that MetroPCS stockholders vote in favor of the proposed combination,” a spokeswoman said in a statement.

Deutsche Telekom also reiterated that it remained committed to the merger.

“This combination will substantially benefit the shareholders and customers of both companies by creating a new company that will be the leading wireless value carrier with expanded scale, spectrum and financial resources to compete across the entire U.S. market,” the company said in a statement.

Read More..

Global Health: After Measles Success, Rwanda to Get Rubella Vaccine


Rwanda has been so successful at fighting measles that next month it will be the first country to get donor support to move to the next stage — fighting rubella too.


On March 11, it will hold a nationwide three-day vaccination campaign with a combined measles-rubella vaccine, hoping to reach nearly five million children up to age 14. It will then integrate the dual vaccine into its national health service.


Rwanda can do so “because they’ve done such a good job on measles,” said Christine McNab, a spokeswoman for the Measles and Rubella Initiative. M.R.I. helped pay for previous vaccination campaigns in the country and the GAVI Alliance is helping to finance the upcoming one.


Rubella, also called German measles, causes a rash that is very similar to the measles rash, making it hard for health workers to tell the difference.


Rubella is generally mild, even in children, but in pregnant women, it can kill the fetus or cause serious birth defects, including blindness, deafness, mental retardation and chronic heart damage.


Ms. McNab said that Rwanda had proved that it can suppress measles and identify rubella, and it would benefit from the newer, more expensive vaccine.


The dual vaccine costs twice as much — 52 cents a dose at Unicef prices, compared with 24 cents for measles alone. (The MMR vaccine that American children get, which also contains a vaccine against mumps, costs Unicef $1.)


More than 90 percent of Rwandan children now are vaccinated twice against measles, and cases have been near zero since 2007.


The tiny country, which was convulsed by Hutu-Tutsi genocide in 1994, is now leading the way in Africa in delivering medical care to its citizens, Ms. McNab said. Three years ago, it was the first African country to introduce shots against human papilloma virus, or HPV, which causes cervical cancer.


In wealthy countries, measles kills a small number of children — usually those whose parents decline vaccination. But in poor countries, measles is a major killer of malnourished infants. Around the world, the initiative estimates, about 158,000 children die of it each year, or about 430 a day.


Every year, an estimated 112,000 children, mostly in Africa, South Asia and the Pacific islands, are born with handicaps caused by their mothers’ rubella infection.


Thanks in part to the initiative — which until last year was known just as the Measles Initiative — measles deaths among children have declined 71 percent since 2000. The initiative is a partnership of many health agencies, vaccine companies, donors and others, but is led by the American Red Cross, the United Nations Foundation, the Centers for Disease Control and Prevention, Unicef and the World Health Organization.


This article has been revised to reflect the following correction:

Correction: February 27, 2013

An earlier version of this article misstated the source of the vaccine and some financing for the campaign. The vaccine and financing is being provided by the GAVI Alliance, not the Measles and Rubella Initiative.




Read More..

Global Health: After Measles Success, Rwanda to Get Rubella Vaccine


Rwanda has been so successful at fighting measles that next month it will be the first country to get donor support to move to the next stage — fighting rubella too.


On March 11, it will hold a nationwide three-day vaccination campaign with a combined measles-rubella vaccine, hoping to reach nearly five million children up to age 14. It will then integrate the dual vaccine into its national health service.


Rwanda can do so “because they’ve done such a good job on measles,” said Christine McNab, a spokeswoman for the Measles and Rubella Initiative. M.R.I. helped pay for previous vaccination campaigns in the country and the GAVI Alliance is helping to finance the upcoming one.


Rubella, also called German measles, causes a rash that is very similar to the measles rash, making it hard for health workers to tell the difference.


Rubella is generally mild, even in children, but in pregnant women, it can kill the fetus or cause serious birth defects, including blindness, deafness, mental retardation and chronic heart damage.


Ms. McNab said that Rwanda had proved that it can suppress measles and identify rubella, and it would benefit from the newer, more expensive vaccine.


The dual vaccine costs twice as much — 52 cents a dose at Unicef prices, compared with 24 cents for measles alone. (The MMR vaccine that American children get, which also contains a vaccine against mumps, costs Unicef $1.)


More than 90 percent of Rwandan children now are vaccinated twice against measles, and cases have been near zero since 2007.


The tiny country, which was convulsed by Hutu-Tutsi genocide in 1994, is now leading the way in Africa in delivering medical care to its citizens, Ms. McNab said. Three years ago, it was the first African country to introduce shots against human papilloma virus, or HPV, which causes cervical cancer.


In wealthy countries, measles kills a small number of children — usually those whose parents decline vaccination. But in poor countries, measles is a major killer of malnourished infants. Around the world, the initiative estimates, about 158,000 children die of it each year, or about 430 a day.


Every year, an estimated 112,000 children, mostly in Africa, South Asia and the Pacific islands, are born with handicaps caused by their mothers’ rubella infection.


Thanks in part to the initiative — which until last year was known just as the Measles Initiative — measles deaths among children have declined 71 percent since 2000. The initiative is a partnership of many health agencies, vaccine companies, donors and others, but is led by the American Red Cross, the United Nations Foundation, the Centers for Disease Control and Prevention, Unicef and the World Health Organization.


This article has been revised to reflect the following correction:

Correction: February 27, 2013

An earlier version of this article misstated the source of the vaccine and some financing for the campaign. The vaccine and financing is being provided by the GAVI Alliance, not the Measles and Rubella Initiative.




Read More..

Groupon Shares Fall 25% in Late Trading





CHICAGO (AP) — Groupon, the online deals company, posted a larger-than-expected fourth-quarter loss on Wednesday and a weaker-than-expected revenue outlook, sending its shares down more than 25 percent in after-hours trading.




The forecast fed investor worry that people were tiring of the many online restaurant, spa and Botox deals that Groupon built its business on, and that the company’s efforts to broaden into an e-commerce powerhouse had not been paying off.


Groupon, based in Chicago, booked a loss of $81.1 million, or 12 cents a share, in the October to December period. That compares with a loss of $65.4 million, also 12 cents a share, in the fourth quarter a year earlier, when it had fewer shares outstanding.


Analysts expected a loss of 2 cents a share, according to FactSet.


Revenue rose 30 percent to $638.3 million from $492.2 million. Wall Street expected revenue of $639.8 million.


For the current quarter, Groupon expects revenue of $560 million to $610 million, which translates to a range of flat to 9 percent higher than in the year-earlier period. Analysts expected revenue of $646.8 million.


Gross billings, a closely watched figure that shows the total amount customers spent on Groupon’s deals, increased 24 percent in the quarter to $1.52 billion from $1.23 billion a year earlier.


“Record billings growth this quarter is a clear signal that customers love Groupon,” said Andrew Mason, the company’s chief executive, in a statement. “We will continue to invest in growth through 2013 as we see new opportunities to give our customers what they want.”


Groupon’s stock fell as much as $1.56 to $4.41 in after-hours trading. Earlier, the stock closed up 43 cents at $5.98 before the release of the earnings report.


Read More..

The Lede: Syrians Describe Apparent Missile Strikes on Aleppo

A Human Rights Watch video report on the aftermath of apparent missile strikes in Syria’s largest city, Aleppo.

Human Rights Watch investigators who visited Aleppo, Syria’s largest city, have concluded that the Syrian government fired at least four ballistic missiles into civilian neighborhoods there last week, killing more than 141 people, including 71 children. As my colleague Anne Barnard explained, the rights group released details of the four documented strikes, and a video report, on Tuesday.

On Wednesday, opposition activists added English subtitles to an emotional account of the devastation caused by one missile strike on Aleppo from a young boy who said he survived the bombing, but lost several family members and neighbors.

An interview with a boy who said he had survived a missile attack on a neighborhood in Aleppo.

The original interview with the boy was posted on YouTube on Monday by Orient News, a private Syrian satellite channel that began broadcasting from Dubai before the antigovernment uprising began. Within a week of the first protests in Syria, Ghassan Aboud, the Syrian businessman who owns the channel, told a Saudi broadcaster that senior government officials close to President Bashar al-Assad had threatened to kidnap his journalists if they did not stop covering the demonstrations.

The boy’s account was subtitled by the ANA New Media Association, a group of opposition video activists led by Rami Jarrah, who blogs as Alexander Page.

The new reports come weeks after experts told The Lede that video of a huge explosion at Aleppo University last month suggested that the campus had been hit by a ballistic missile.

When Liz Sly of the Washington Post visited Aleppo’s Ard al-Hamra neighborhood after two missile strikes, residents gave similarly graphic accounts of pulling the mangled bodies of victims from wrecked buildings. The scenes of devastation, she wrote, more closely resembled “those of an earthquake, with homes pulverized beyond recognition, people torn to shreds in an instant and what had once been thriving communities reduced to mountains of rubble.”

Ole Solvang, a Human Rights Watch researcher who helped document the damage in Aleppo, drew attention to video posted online by opposition activists, which is said to show the desperate search for survivors immediately after the strike on Ard al-Hamra.

Video said to show a neighborhood in Aleppo after a missile strike last week.

As Mr. Solvang assessed the wreckage in person on Thursday and Friday, he described the damage to Aleppo and a neighboring town in words and images posted on Twitter.

Late Tuesday, an Aleppo blogger who supported the uprising but has been critical of the armed rebellion on his @edwardedark Twitter feed, reported that another huge blast had shaken the city.

Ms. Sly reported on Twitter on Wednesday night that two more missiles were fired at rural Aleppo. “They landed in fields,” she observed. “That’s how accurate they are. Seems a bit pointless.”

Late Wednesday, Mr. Solvang pointed to video posted on YouTube by opposition activists, showing what they said were distant images of a missile being launched from Damascus in the direction of Aleppo.

Video said to show a missile being fired by Syrian government forces outside the capital, Damascus, on Wednesday night.

Read More..

BP Actions Before Gulf Spill Were ‘Beyond Imprudent,’ Expert Witness Says





NEW ORLEANS — The practices of the oil giant BP came under sharp attack on Wednesday in a courtroom here by an expert witness who said its negligence caused the 2010 explosion aboard a Gulf of Mexico drilling rig that killed 11 workers and spewed millions of barrels of oil.




A full day of testimony in the third day of a trial against BP was dominated by the witness, Alan R. Huffman, a petroleum geophysicist who was testifying for the government and private plaintiffs. Mr. Huffman accused BP of submitting misleading and selective data to federal regulators while drilling the Macondo well and of playing “fast and loose” with a safety test intended to measure the stability of the offshore well.


Mr. Huffman, who has worked for several major oil companies, also said BP had been irresponsible to continue drilling below 18,000 feet when the company should have known that the well was unstable. “This was beyond imprudent,” he said. “It was unsafe and dangerous.”


BP’s share of responsibility is a principal focus of the trial, and is also central to a settlement proposal offered by the Justice Department and five gulf states that are demanding that BP pay $16 billion in spill-related penalties and fines. If there is no  settlement, the multiphase trial will determine not only responsibility for the accident but also how many millions of barrels of oil was actually spilled.  


 BP’s propensity to cut corners to save money continued to be a theme of the trial.


 Kevin Lacy, a former BP senior vice president for drilling operations in the gulf who resigned a few months before the spill, told the court in a videotaped deposition that he was told by top management to cut costs throughout 2008 and 2009.


 “I was never given a directive to cut corners or to deliver something not safely,” Mr. Lacy said, “but there was tremendous pressure on costs.”


 Lamar McKay, the former president of BP America and current chief executive in charge of global upstream operations, faced questioning from lawyers from Transocean, the owner of the Deepwater Horizon rig, and Halliburton, the cement provider, who insisted that BP was ultimately responsible for the accident.


 “We agreed that we are part of the responsibility for this tragic accident,” Mr. McKay said on the stand. “We were part of the cause of the accident, yes.”


 Donald E. Godwin, Halliburton’s lawyer, argued that BP had misinterpreted tests showing that the cement that sealed the well was defective. Had the test been interpreted properly, he said, the cement could have been fixed and the accident would not have happened.


 Mr. McKay responded: “We agreed there were misinterpretations. That was one of the causes.” But he added that BP had depended on its contractors.


 Last November, BP agreed to pay $4.5 billion in fines and other penalties and pleaded guilty to 14 criminal charges related to the well blowout. It has also paid out $9 billion in a partial settlement with businesses, individuals and local governments. The company has set aside $42 billion for payouts, largely from selling off oil and gas assets across the world.


 Four BP employees face criminal charges.


 The government and Transocean have already come to a $1 billion civil settlement, and the rig company will pay an additional $400 million criminal penalty. Halliburton has not yet settled.


Read More..

Advanced Breast Cancer May Be Rising Among Young Women, Study Finds


The incidence of advanced breast cancer among younger women, ages 25 to 39, may have increased slightly over the last three decades, according to a study released Tuesday.


But more research is needed to verify the finding, which was based on an analysis of statistics, the study’s authors said. They do not know what may have caused the apparent increase.


Some outside experts questioned whether the increase was real, and expressed concerns that the report would frighten women needlessly.


The study, published in The Journal of the American Medical Association, found that advanced cases climbed to 2.9 per 100,000 younger women in 2009, from 1.53 per 100,000 women in 1976 — an increase of 1.37 cases per 100,000 women in 34 years. The totals were about 250 such cases per year in the mid-1970s, and more than 800 per year in 2009.


Though small, the increase was statistically significant, and the researchers said it was worrisome because it involved cancer that had already spread to organs like the liver or lungs by the time it was diagnosed, which greatly diminishes the odds of survival.


For now, the only advice the researchers can offer to young women is to see a doctor quickly if they notice lumps, pain or other changes in the breast, and not to assume that they cannot have breast cancer because they are young and healthy, or have no family history of the disease.


“Breast cancer can and does occur in younger women,” said Dr. Rebecca H. Johnson, the first author of the study and medical director of the adolescent and young adult oncology program at Seattle Children’s Hospital.


But Dr. Johnson noted that there is no evidence that screening helps younger women who have an average risk for the disease and no symptoms. We’re certainly not advocating that young women get mammography at an earlier age than is generally specified,” she said.


Expert groups differ about when screening should begin; some say at age 40, others 50.


Breast cancer is not common in younger women; only 1.8 percent of all cases are diagnosed in women from 20 to 34, and 10 percent in women from 35 to 44. However, when it does occur, the disease tends to be more deadly in younger women than in older ones. Researchers are not sure why.


The researchers analyzed data from SEER, a program run by the National Cancer Institute to collect cancer statistics on 28 percent of the population of the United States. The study also used data from the past when SEER was smaller.


The study is based on information from 936,497 women who had breast cancer from 1976 to 2009. Of those, 53,502 were 25 to 39 years old, including 3,438 who had advanced breast cancer, also called metastatic or distant disease.


Younger women were the only ones in whom metastatic disease seemed to have increased, the researchers found.


Dr. Archie Bleyer, a clinical research professor in radiation medicine at the Knight Cancer Institute at the Oregon Health and Science University in Portland who helped write the study, said scientists needed to verify the increase in advanced breast cancer in young women in the United States and find out whether it is occurring in other developed Western countries. “This is the first report of this kind,” he said, adding that researchers had already asked colleagues in Canada to analyze data there.


“We need this to be sure ourselves about this potentially concerning, almost alarming trend,” Dr. Bleyer said. “Then and only then are we really worried about what is the cause, because we’ve got to be sure it’s real.”


Dr. Johnson said her own experience led her to look into the statistics on the disease in young women. She had breast cancer when she was 27; she is now 44. Over the years, friends and colleagues often referred young women with the disease to her for advice.


“It just struck me how many of those people there were,” she said.


Dr. Donald A. Berry, an expert on breast cancer data and a professor of biostatistics at the University of Texas’ M. D. Anderson Cancer Center in Houston, said he was dubious about the finding, even though it was statistically significant, because the size of the apparent increase was so small — 1.37 cases per 100,000 women, over the course of 30 years.


More screening and more precise tests to identify the stage of cancer at the time of diagnosis might account for the increase, he said.


“Not many women aged 25 to 39 get screened, but some do, but it only takes a few to account for a notable increase from one in 100,000,” Dr. Berry said.


Dr. Silvia C. Formenti, a breast cancer expert and the chairwoman of radiation oncology at New York University Langone Medical Center, questioned the study in part because although it found an increased incidence of advanced disease, it did not find the accompanying increase in deaths that would be expected.


A spokeswoman for an advocacy group for young women with breast cancer, Young Survival Coalition, said the organization also wondered whether improved diagnostic and staging tests might explain all or part of the increase.


“We’re looking at this data with caution,” said the spokeswoman, Michelle Esser. “We don’t want to invite panic or alarm.”


She said it was important to note that the findings applied only to women who had metastatic disease at the time of diagnosis, and did not imply that women who already had early-stage cancer faced an increased risk of advanced disease.


Dr. J. Leonard Lichtenfeld
, deputy chief medical officer of the American Cancer Society, said he and an epidemiologist for the society thought the increase was real.


“We want to make sure this is not oversold or that people suddenly get very frightened that we have a huge problem,” Dr. Lichtenfeld said. “We don’t. But we are concerned that over time, we might have a more serious problem than we have today.”


Read More..

Advanced Breast Cancer May Be Rising Among Young Women, Study Finds


The incidence of advanced breast cancer among younger women, ages 25 to 39, may have increased slightly over the last three decades, according to a study released Tuesday.


But more research is needed to verify the finding, which was based on an analysis of statistics, the study’s authors said. They do not know what may have caused the apparent increase.


Some outside experts questioned whether the increase was real, and expressed concerns that the report would frighten women needlessly.


The study, published in The Journal of the American Medical Association, found that advanced cases climbed to 2.9 per 100,000 younger women in 2009, from 1.53 per 100,000 women in 1976 — an increase of 1.37 cases per 100,000 women in 34 years. The totals were about 250 such cases per year in the mid-1970s, and more than 800 per year in 2009.


Though small, the increase was statistically significant, and the researchers said it was worrisome because it involved cancer that had already spread to organs like the liver or lungs by the time it was diagnosed, which greatly diminishes the odds of survival.


For now, the only advice the researchers can offer to young women is to see a doctor quickly if they notice lumps, pain or other changes in the breast, and not to assume that they cannot have breast cancer because they are young and healthy, or have no family history of the disease.


“Breast cancer can and does occur in younger women,” said Dr. Rebecca H. Johnson, the first author of the study and medical director of the adolescent and young adult oncology program at Seattle Children’s Hospital.


But Dr. Johnson noted that there is no evidence that screening helps younger women who have an average risk for the disease and no symptoms. We’re certainly not advocating that young women get mammography at an earlier age than is generally specified,” she said.


Expert groups differ about when screening should begin; some say at age 40, others 50.


Breast cancer is not common in younger women; only 1.8 percent of all cases are diagnosed in women from 20 to 34, and 10 percent in women from 35 to 44. However, when it does occur, the disease tends to be more deadly in younger women than in older ones. Researchers are not sure why.


The researchers analyzed data from SEER, a program run by the National Cancer Institute to collect cancer statistics on 28 percent of the population of the United States. The study also used data from the past when SEER was smaller.


The study is based on information from 936,497 women who had breast cancer from 1976 to 2009. Of those, 53,502 were 25 to 39 years old, including 3,438 who had advanced breast cancer, also called metastatic or distant disease.


Younger women were the only ones in whom metastatic disease seemed to have increased, the researchers found.


Dr. Archie Bleyer, a clinical research professor in radiation medicine at the Knight Cancer Institute at the Oregon Health and Science University in Portland who helped write the study, said scientists needed to verify the increase in advanced breast cancer in young women in the United States and find out whether it is occurring in other developed Western countries. “This is the first report of this kind,” he said, adding that researchers had already asked colleagues in Canada to analyze data there.


“We need this to be sure ourselves about this potentially concerning, almost alarming trend,” Dr. Bleyer said. “Then and only then are we really worried about what is the cause, because we’ve got to be sure it’s real.”


Dr. Johnson said her own experience led her to look into the statistics on the disease in young women. She had breast cancer when she was 27; she is now 44. Over the years, friends and colleagues often referred young women with the disease to her for advice.


“It just struck me how many of those people there were,” she said.


Dr. Donald A. Berry, an expert on breast cancer data and a professor of biostatistics at the University of Texas’ M. D. Anderson Cancer Center in Houston, said he was dubious about the finding, even though it was statistically significant, because the size of the apparent increase was so small — 1.37 cases per 100,000 women, over the course of 30 years.


More screening and more precise tests to identify the stage of cancer at the time of diagnosis might account for the increase, he said.


“Not many women aged 25 to 39 get screened, but some do, but it only takes a few to account for a notable increase from one in 100,000,” Dr. Berry said.


Dr. Silvia C. Formenti, a breast cancer expert and the chairwoman of radiation oncology at New York University Langone Medical Center, questioned the study in part because although it found an increased incidence of advanced disease, it did not find the accompanying increase in deaths that would be expected.


A spokeswoman for an advocacy group for young women with breast cancer, Young Survival Coalition, said the organization also wondered whether improved diagnostic and staging tests might explain all or part of the increase.


“We’re looking at this data with caution,” said the spokeswoman, Michelle Esser. “We don’t want to invite panic or alarm.”


She said it was important to note that the findings applied only to women who had metastatic disease at the time of diagnosis, and did not imply that women who already had early-stage cancer faced an increased risk of advanced disease.


Dr. J. Leonard Lichtenfeld
, deputy chief medical officer of the American Cancer Society, said he and an epidemiologist for the society thought the increase was real.


“We want to make sure this is not oversold or that people suddenly get very frightened that we have a huge problem,” Dr. Lichtenfeld said. “We don’t. But we are concerned that over time, we might have a more serious problem than we have today.”


Read More..

Gadgetwise Blog: App Smart Extra: More Slide Show Apps

Last week in App Smart I talked about the many apps that promise to turn photos from your smartphone or tablet’s digital photo album into an attractive photo slide show. These apps make looking at digital photos of a vacation, or perhaps an event like a wedding, into the modern equivalent of flipping through a photo album.

On iOS, one powerful app for creating dynamic photo slide shows is ProShow (free on iTunes). The interface is easy to use, and the app tries to do much of the fiddly stuff involved in creating a new slide show by offering you themes. These themes automatically adjust settings like special effects between slides and background images. You can manually change these settings later if you prefer. The app can even include video clips. The app does require that you sign up for the company’s services, free, but this minor inconvenience gives you access to its Web site. There you can edit your slide shows and also view them online — a great option for sharing your slide show efforts with friends.

One neat option for Android is the $1 app Slideshow 5000. This app creates an unusual kind of slide show: the photos look as if they are being tossed onto a table while a camera pans above the table’s surface. Each photo is animated as if it were really falling, and even casts a shadow. You can adjust the background image and turn each of your images into a faux Polaroid snap, and it’s easy to select the photos you want. You can even turn the photo slide show into your device’s live Android wallpaper. But the show it produces is more for casual fun; it’s not really ideal for sharing treasured memories.

A simpler option for Android is the free app Slideshow Bob. This app is limited to showing photos from folders on your device, and you can’t organize them inside the app because you’re limited to sorting the photos by parameters like date or title. It does, however, have some transition options, and when it’s displaying the slide shows, it does so elegantly.

Many apps for smartphones and tablets can create photo slide shows, but their quality varies widely. I found it hard to find sophisticated apps that offer a lot of slide show control on Android devices. Luckily, many have a free or “lite” edition, meaning you could try out several before you buy.

Quick call: Lego Galaxy Squad Bug Battle is a new free game for iOS devices. It’s a 2-D scrolling space shooter that combines all the gaming fun of this genre with Lego’s cute imagery. The mission is to save humans by squashing the alien bugs. It will keep you amused when you have the odd five minutes to spare.

Read More..

BP Executive Testifies That Rig Explosion Was Known Risk





NEW ORLEANS — On the first day of testimony in the BP Gulf of Mexico oil spill trial, BP’s top executive for North American operations at the time of the disaster acknowledged on Tuesday that a well explosion had been identified as a risk before it happened.




“There was a risk identified for a blowout,” said Lamar McKay, the former president of BP America and current chief executive in charge of global upstream operations. “The blowout was an identified risk, and it was a big risk, yes.”


Robert Cunningham, a lawyer for private plaintiffs, tried to pin down Mr. McKay on BP’s responsibility for the 2010 disaster that killed 11 workers and dumped millions of barrels of oil into the gulf. Mr. Cunningham suggested that the British company’s cost-cutting and risk-taking culture were at the heart of the explosion and spill. He pressed Mr. McKay on the fact that a BP report on the accident held contractors responsible, but did not cite management failures.


Mr. McKay repeatedly responded that BP was responsible for designing the well, but that the rig, cement and other contractors shared responsibility for safety on the drilling operations.


“It’s a team effort,” he said. “It’s a shared responsibility to manage the safety and risk.”


Mr. McKay testified for more than an hour at the end of the day and will continue on Wednesday. He told the court that there were risks involved with drilling both in deep waters and in shallow waters, but that a blowout could be more difficult to control, and therefore more damaging, in deep waters. There was little, if anything, in his comments that diverged from what BP executives have said in the past.


After the April 2010 spill, internal BP documents showed that the company had struggled with a loss of “well control” in March, after several weeks of problems on the rig. And for months before that, it had been concerned about the well casing and the blowout preventer, which are considered critical pieces in the chain of events that led to the disaster.


On June 22, 2009, for example, BP engineers expressed concerns that the metal casing the company wanted to use might collapse under high pressure.


“This would certainly be a worst-case scenario,” Mark E. Hafle, a senior drilling engineer at BP, warned in an internal report. “However, I have seen it happen so know it can occur.”


Early in his testimony, Mr. McKay shifted and appeared uncomfortable on the witness stand. He acknowledged that he had never read a textbook on safety system engineering before or after the accident, or a safety report written by a BP consultant who testified earlier in the day.


Mr. McKay was the second witness to appear in a multiphase trial that will determine who was responsible for the accident, whether they were grossly negligent and how much oil was spilled. He followed Robert Bea, a professor emeritus of engineering at the University of California, Berkeley, and former safety systems consultant for BP, who largely blamed the company’s culture for the accident.


“It’s a culture of every dollar counts,” Dr. Bea said. “It’s a classic failure of management and leadership.”


The Federal District Court trial in New Orleans is bundling suits brought by the Justice Department, state governments, private businesses and individual claimants against BP and several of its contractors. Decisions on culpability and damages could be a year or more away, but they are likely to have profound effects on environmental law and on the viability of BP as a major oil company with global ambitions.


Under the Clean Water Act, fines against BP could range from $1,100 for every barrel spilled through simple negligence to as much as $4,300 a barrel if the company were found to have been grossly negligent. The federal government has estimated that about four million barrels of oil were spilled, meaning liabilities of as much as $4.4 billion to $17.2 billion. BP has claimed that the amount spilled was at most 3.1 million barrels.


This article has been revised to reflect the following correction:

Correction: February 26, 2013

An earlier version of this article misstated Lamar McKay’s title when he headed BP America. He was president, not chief executive. Because of an editing error, the article also misstated the federal government’s estimate of the number of barrels spilled. It is about four million barrels, meaning a liability range of $4.4 billion to $17.2 billion, not 4.9 million barrels and a liability range of $5.4 billion to $21 billion.



Read More..