Saturday, December 15, 2012

Trademark (?) vs. Registration - Albuquerque Business Law

What do those symbols mean and what is the difference between a trademark vs registered? The ? can mean a number of things. It can mean a federal trademark application has been filed and is pending. It can mean that a state application has been filed and has been granted or is pending. Or it can just mean that no trademark application has been filed either at the federal or state level, but this mark is being used to distinguish goods. In that case, the owner of the mark has common law rights even though the mark has not been registered. The ?, on the other hand, is only used for marks that have been granted federal registration. This means that the mark has been registered with the United States Patent and Trademark Office and the application has been granted.

Anyone using a mark to distinguish his/her goods from other goods can put a ? next to the mark, although there are certain reasons why one would want to register their mark either at the state level or federal level.

In order to obtain federal registration of a mark, the mark must be used in conjunction with goods in interstate commerce, or more than one state. One benefit of federal registration is that you have exclusive nationwide ownership of the mark. Additionally, after five years of continuous use from the date of registration, the rights to the mark become incontestable. However, having a state trademark or just using the mark in one?s geographic region but never registering it, actually gives the owner some rights over potential federal registrations. For instance, if you are using your mark in the Albuquerque area but have never registered it, somebody else could potentially obtain the federal registration for the mark. This indicates that that person has complied with all requirements and obtained federal registration status. However, you, being the common law owner of a mark by using it in a geographic region before the federal registration by the other applicant, actually have rights in that specific geographic region. Thus, the owner of the federally registered mark cannot undercut you in the Albuquerque region. However, the owner could possibly go into the Las Cruces area or even the Santa Fe area if you have not used the mark in those areas before the federal registration was obtained. Therefore, you are potentially protected without ever registering your mark, but by registering your mark, you will obtain the most complete protection. If you are using a mark in more than one state, you should obtain federal status. If you never plan to expand outside the state, obtaining New Mexico protection for your mark may make the best business sense, as it will cover you everywhere in the state, not just in the locality where you are using it.

To determine whether federal registration or state registration for your trademark will work best for you, contact an Albuquerque Business Law attorney.

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Source: http://www.albuquerquebusinesslaw.com/intellectual-property/trademark-vs-registered/

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Rare Bear Has Twins at National Zoo

Two Andean bear cubs were born overnight at the Smithsonian's National Zoo, officials at the institution announced.

Six-year-old bear mom Billie Jean gave birth to the twins ? one around 12:01 a.m. local time and the other around 2:02 a.m. Thursday (Dec. 13), according to officials at the zoo in Washington, D.C.

Caretakers are monitoring the mom and newborns from the bear cam for now, allowing the three time to bond without interference. Zoo officials said they won't know the cubs' sex for at least two months. The two cubs' father, Nikki, had to be euthanized in August after his health declined; he had been diagnosed with squamous cell carcinoma, or cancer.

This is Billie Jean's second set of cubs. Zookeepers began to suspect this pregnancy in November, and ultrasounds showed two amniotic sacs and then, with later ultrasounds, fetal growth and development. Her telltale "I'm pregnant" signs included a decreased appetite, a nest she built inside a den, and her lack of interest in going outdoors, according to the Smithsonian.

Andean bears (also called spectacled bears) live in South America and are listed as vulnerable by the International Union for Conservation of Nature (IUCN). The zoo noted that the species has a high infant mortality rate ? up to 44 percent in the first year.

"The Andean bear population in human care has experienced a lull in the past six years and these cubs are the only surviving Andean cubs in a North American Zoo since Billie Jean's first cubs, Bernardo and Chaska, were born in 2010," zoo officials said in a statement.

Follow LiveScience on Twitter @livescience. We're also on Facebook?& Google+.

Copyright 2012 LiveScience, a TechMediaNetwork company. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Source: http://news.yahoo.com/rare-bear-twins-national-zoo-162930061.html

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Who should I follow on Twitter? Gaming edition

Who should I follow on Twitter Gaming

A couple of days, and another "Who should I follow?" in the run-up to the holidays. This time around we're wading into Twitter missives concerning gaming. We've pulled together our favorite sites, writers and luminaries to ensure you'll never go wanting for 140-character gaming snippets. Glaring omissions should be sent in writing to HQ -- or you can let us know in the comments below.

Websites

Game Developers / Publishers

Journalists / Personalities

  • Ludwig Kietzmann, Joystiq - @LudwigK
  • JC Fletcher, Joystiq - @JCFletcher
  • Alexander Sliwinski, Joystiq - @Sliwinski
  • Dave Hinkle, Joystiq - @DaveHinkle
  • Jordan Mallory, Joystiq - @Jordan_Mallory
  • Jess Conditt, Joystiq - @JessConditt
  • Mike Schramm, Joystiq - @MikeSchramm
  • Mike Suszek, Joystiq - @MikeSuszek
  • Richard Mitchell, Joystiq - @TheRichardM
  • Xav de Matos, Joystiq - @Xav
  • Sinan Kubba, Joystiq - @Shoinan
  • Ben Kuchera, Penny Arcade Report - @BenKuchera
  • Jerry "Tycho" Holkins, Penny Arcade - @TychoBrahe
  • Mike "Gabe" Krahulik, Penny Arcade - @cwgabriel
  • Keith Stuart, The Guardian - @keefstuart
  • Jeff Gerstmann, Giant Bomb - @JeffGerstmann
  • Ryan Davis, Giant Bomb - @taswell
  • Patrick Klepek, Giant Bomb - @PatrickKlepek
  • Alex Navarro, Giant Bomb - @Alex_Navarro
  • David "CheapyD" Abrams, Cheap Ass Gamer - @CheapyD
  • Robert "Shipwreck" Goode, Cheap Ass Gamer - @Shipwreck
  • Stewart "Wombat" Nacht, Cheap Ass Gamer - @Wombat5277
  • Garnett Lee, Shacknews - @GarnettLee
  • Jon Blyth, OXM Breakdown- @disappointment
  • Andrew Yoon, Shacknews - @scxzor
  • Chris Dahlen, Kill Screen - @savetherobot
  • Geoff Keighley, GameTrailers - @GeoffKeighley
  • Morgan Webb, former X-Play host - @MorganWebb
  • Johnny Minkley, @johnnyminkley
  • Chris Grant, Polygon - @ChrisGrant
  • Justin McElroy, Polygon - @JustinMcElroy
  • Chris Plante, Polygon - @CTPlante
  • Susan Arendt, Escapist - @susanarendt
  • Billy Shibley, Machinima - @BillyShibley
  • Kevin Van Ord, GameSpot - @fiddlecub
  • Tom McShea, GameSpot - @TomMcShea
  • Jason Killingsworth, Edge - @JasonKill
  • Leigh Alexander, Edge - @LeighAlexander
  • Casey Lynch, IGN - @lynchtacular
  • Mitch Dyer, IGN - @MitchyD
  • Anthony Gallegos, IGN - @ChufMoney
  • Andy McNamara, Game Informer - @GI_AndyMc
  • Dan Ryckert, Game Informer - @DanRyckert
  • Matt Lees, OXMUK - @jam_sponge
  • Stephen Totilo, Kotaku - @StephenTotilo
  • Jason Schreier, Kotaku - @JasonSchreier
  • Harold Goldberg, NPR - @HaroldGoldberg
  • Simon Carless, Gamasutra - @SimonCarless
  • Kris Graft, Gamasutra - @KrisGraft
  • Kyle Orland, Ars Technica - @KyleOrl
  • Brandon Boyer, Venus Patrol - @brandonnn
  • Veronica Belmont, Revision3 - @Veronica
  • Adam Sessler, Revision3 - @AdamSessler
  • Superannuation, The Internet - @Supererogatory

Mainstream Developers / Publishers

  • Larry "Major Nelson" Hryb, Xbox - @MajorNelson
  • Graeme "Acey Bongos" Boyd, Xbox UK - @AceyBongos
  • Aaron Greenberg, Xbox - @AaronGreenberg
  • Eric "e" Neustadter - @thevowel
  • Marc Whitten, Xbox - @notwen
  • Chris Charla, Xbox - @iocat
  • Sid Shuman, Sony PlayStation - @SidShuman
  • Nick Suttner, Sony PlayStation - @NSuttner
  • Adam Boyes, Sony PlayStation - @amboyes
  • Shuhei Yoshida, Sony Computer Entertainment - @yosp
  • Shane Bettenhausen, Sony PlayStation - @ShaneWatch
  • Bill Trinen, Nintendo of America - @trintran
  • Andrew Kelly, Nintendo of America - @AndrewNK
  • Masahiro Sakurai, Sora Ltd. - @Sora_Sakurai
  • Hideo Kojima, Kojima Productions / Konami - @Kojima_Hideo (JP) / @Hideo_Kojima_EN (EN)
  • Suda 51, Grasshopper Manufacture - @suda_51
  • Hideki Kamiya, Platinum Games - @PG_kamiya
  • Hidetaka "Swery" Suehiro, Access Games - @swery65
  • Tak Fujii, Konami - @Tak_Fujii
  • Ted Price, Insomniac Games - @igTedPrice
  • David Vondehaar, Treyarch Studios - @DavidVondehaar
  • Vince Zampella, Respawn Entertainment - @VinceZampella
  • Jon Shiring, Respawn Entertainment - @jonshiring
  • Abbie Heppe, Respawn Entertainment - @abbieheppe
  • Cliff Bleszinski, former Epic Games - @TheRealCliffyB
  • Richard Lemarchand, former Naughty Dog - @Rich_Lem
  • Frank O'Connor, 343 Industries - @franklez
  • Josh Holmes, 343 Industries - @JoshingtonState
  • David Ellis, 343 Industries - @DavidEllis
  • John Romero, Loot Drop - @Romero
  • Mark Rein, Epic Games - @MarkRein
  • Tanya Jessen, Epic Games - @TanyaJessen
  • Harvey Smith, Arkane - @Harvey1966
  • Todd Hollenshead, id Software - @THollenshead
  • John Carmack, id Software - @ID_AA_Carmack
  • Ken Levine, Irrational Games - @IGLevine
  • Shawn Elliott, Irrational Games - @ShawnElliott
  • Rod Fergusson, Irrational Games - @GearsViking
  • John Vignocchi, Disney Interactive Studios - @JohnVignocchi
  • Rich Gallup, Disruptor Beam, ex-38 Studios - @Rich_Gallup
  • Brenda Romero, Loot Drop - @br
  • Randy Pitchford, Gearbox Software - @duvalmagic
  • Mikey Neumann, Gearbox Software - @mikeyface
  • Michael Wilford, Twisted Pixel Games - @mrwilford
  • Dan Teasdale, Twisted Pixel Games - @deliciousbees
  • Dave Lang, Iron Galaxy Studios - @JosephJBroni
  • Eric Pope, Harmonix - @MrPope
  • John Drake, Harmonix - @JohnTDrake
  • Andre Vrignaud, Hit Detection Consultancy - @ozymandias
  • N'Gai Croal, Hit Detection Consultancy - @ncroal
  • Peter Molyneux, 22Cans - @PMolyneux
  • Tim Schafer, Double Fine Productions - @timoflegend
  • Chris Remo, Double Fine Productions - @ChrisRemo
  • Meggan Scavio, GDC - @MegganPez
  • John Davison, Red Robot - @JWHDavison
  • Jeff Green, PopCap - @Greenspeak
  • David Jaffe, former SCEA / Eat Sleep Play - @DavidScottJaffe
  • Charles Martinet (it'sa him, Mario) - @CharlesMartinet
  • Marty O'Donnell, Bungie - @MartyTheElder
  • Manveer Heir, BioWare - @ManveerHeir
  • Mike Gamble, BioWare - @GambleMike
  • Mike Laidlaw, BioWare - @Mike_Laidlaw
  • Chris Avellone, Obsidian Entertainment - @ChrisAvellone
  • George Broussard - @georgeb3dr
  • Clint Hocking, Valve Software - @clicknothing
  • Jeri Ellsworth, Valve hardware lead - @JeriEllsworth
  • Jake Solomon, Firaxis Games - @SolomonJake
  • Garth Deangelis, Firaxis Games - @GSDeAngelis
  • Rhianna Pratchett, Writer - @RhiPratchett
  • Fredrick Wester, Paradox Interactive - @TheWesterFront
  • Shams Jorjani, Paradox Interactive - @ShamsJorjani
  • Alex Monney, Ubisoft - @AlexMonney
  • Stone Chin, Ubisoft - @GreatWallofChin
  • Gary Whitta, writer - @GaryWhitta
  • J Goldberg, EA - @OneLetter
  • Robert Bowling, Robotoki - @fourzerotwo
  • Tina Palacios, Infinity Ward - @teanah
  • Frank Lantz, NYU Game Center - @flantz
  • Eric Zimmerman, NYU Game Center - @ZimmermanEric
  • Pete Hines, Bethesda Softworks - @DCDeacon
  • Alex Evans, Media Molecule - @mmalex

Indies

  • Andy Schatz, Monaco - @AndySchatz
  • Chris Hecker, Spy Party - @checker
  • Jonathan Blow, The Witness - @Jonathan_Blow
  • Brian Provinciano, Retro City Rampage - @BriProv
  • Phil Fish, Fez - @PHIL_FISH
  • Kellee Santiago, Journey - @KelleeSan
  • Robin Hunicke, Journey - @Hunicke
  • Edmund McMillen, Super Meat Boy - @EdmundMcMillen
  • Rami Ismail, Luftrausers - @tha_rami
  • Marcus "Notch" Persson, Minecraft - @notch
  • Jonatan S?derstr?m, Hotline Miami - @cactusquid
  • Adam "Atomic" Saltsman, Canabalt - @adamatomic
  • Kim Swift, Quantum Conundrum - @K2theSwift
  • Nels Andersen, Mark of the Ninja - @NelsorMensch
  • Jamie Cheng, Mark of the Ninja - @biiigfoot
  • Terry Cavanagh, Super Hexagon - @TerryCavanagh
  • Douglas Wilson, Johann Sebastian Joust - @doougle
  • Dylan Cuthbert, PixelJunk series - @DylanCuthbert
  • Steve Gaynor, Gone Home - @fullbright
  • James Silva, The Dishwasher series - @Jamezila
  • Cards Against Humanity - @CAH

Miscellaneous / Parody

Previous editions of "Who should I follow?"

Women in tech
Mobile edition

Also, don't forget to follow all the Engadget editors right here.

Source: http://www.engadget.com/2012/12/13/who-should-i-follow-on-twitter-gaming/

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Friday, December 14, 2012

Video: KLG on Hathaway: She?ll wear ?a thong next time?



>> hello, everybody, it's wines day wednesday, the middle of your week, it's december 12th , that means it's 12-12-12 today.

>> there's a little girl outside that's turning 12 today.

>> it's a child. happy birthday to them.

>> yes, it is. all right, there's been a little controversy that happened. i went to the premier and ann hathaway came, she looked gorgeous, red carpet , lots of paparazzi and stuff. when she got out of her car, her limousine --

>> there's another picture we don't want to show.

>> it's one of those oops pictures where you get out of your car.

>> cut to the chase , hoda.

>> she didn't have any undies on.

>> there were tons and tons of paparazzi.

>> she was on our show today.

>> all kinds of oscar buzz for her performance. she lost 25 pounds for it. she's really quite moving and brilliant in this role. the last thing she wants to be talking about at this point is something unfortunate.

>> here's the thing, i thought she handled it really, really well. let's listen to what she said.

>> i was very sad we live in an age where someone takes a picture of another person in a vulnerable moment and rather than delete it and do the decent thing, sells it. and i'm sorry we live in a culture that can modify sexuality of unwilling participants.

>> very smart of her. she got right back into it.

>> class act, that one.

>> when you are in the news, you have to bring up the subject. i'm sure the last thing matt wanted to do was ask her about it as well. but it was handled fine. it's over. when we see somebody else nameless, not you, another person, some people do that for publicity because their careers are not going well, they need attention. she did not do this for any kind of publicity, her career is just fine. she probably learned a lesson, too. she'll probably put on a thong next time.

>> drew barrymore showed off a little baby on the cover of "people" magazine, this is a first look. the little baby is named olive because --

>> when she was three months pregnant reading the book with her husband, the baby is the size of an olive.

>> boom, that's the name.

>> who are we to judge?

>> we aren't judging.

>> precious little baby.

>>> last night, first of all, jenna bush hager is pregnant, we're thrilled for her and henry. they are expecting a spring baby.

>> it was so cute, because earlier on the show today, her parents called and already knew she was pregnant, but let's listen to a little bit of that.

>> mr. president, you, obviously, are going to be a first-time grandfather, how excited are you about this happening?

>> fired up. looking forward to it.

>> president and mrs. bush, what do you want the grandchild to call you?

>> sir.

>> very cute.

>> they are an absolute beautiful family. moments like that, you see their interaction, the humor, it's delightful. we're so happy for them.

>> we sure are.

>> i was happy last night for frank, he was inducted in the sports broadcasting hall of fame .

>> he's in everything.

>> he found out he was going to be in it, aren't i in that? it was also george boddenheimer, ray dolby of dolby sound, cory lig lig lightlibel. he was really a trail blazer in hand-held camera. and paul taglibue, jack weir, so i was proud of frank gifford .

>> is he tired of getting awards? he's always getting something.

>> it was their sixth annual. i thought, what took them so long?

>> something big is going to happen on our show today. doesn't happen every day.

>> i have to take off my earrings.

>> kathie lee gifford is going to get her haircut by a gentleman, we want you to say hi.

>> hello, edward .

>> he has a unique way of haircutting.

>> it's very edward scissor hands .

>> watch and learn. okay?

>> okay. he does a dry cut, and edward , it's so nice to see you, you cut my hair how long ago? couple of months?

>> three, four months ago.

>> this all happened. you want to put the thing on, kath?

>> no, unless jerry wants to make $100. come on over, jerry, let's make $100. talk to us, edward .

>> what's going to happen is i cut hair dry. we're going to see a little bit of flavor.

>> do your thing.

>> i'm going to do my thing.

>> crank the music as we do. and go. you picked this song, too.

>> yes, rolling stones . good song to cut with.

>> can't you do something i recorded?

>> no, that was not going to happen. as you're snipping away, pretty soon the magic is going to start happening. but as we're talking about this, we want to say good-bye to trevin, because you're not the only one getting cut. trevin from "the voice" got cut. remember trevin?

>> he's got a big life and career ahead of him. very talented kid. did he have an off night or what?

>> america voted, i think america voted, and that was what happened. anyway, there are three left. it's going to get juicier and juicier.

>> i think it's going to be the cassidy pope.

>> i think you might be right. as we're watching edward , got to keep an eye on this hair. how much are you cutting, hon?

>> i took about an inch off.

>> an inch, hello. kathie, we didn't ask what you wanted.

>> whatever.

>> i've been cutting kathie's hair the last couple of weeks, i noticed she needed at least that off. i watch you every single morning with my coffee.

>> you've got eight salons around the world.

>> nine in the united states and nine going up in india. china's going up some more.

>> how honored am i, you are here?

>> hello. and what's funny, when he starts cutting, initially it looks like the way anyone might cut it, but then something crazy happens.

>> he's an artist. got to let an artist go.

>> what's happening in this portion?

>> right now i'm adding slices into the frame so the frame stays piecy.

>> piecy, that's what we like.

>> we're going to talk about the next topic, okay, because this happens sometimes. have you ever been walking down the street and get your heel stuck in a grate and you end up losing your heel or something happens?

>> and you feel like an idiot.

>> the british railway network wants to help women. these are some videos what happens with women. you have to be very careful when you are walking.

>> she's a little drunk, these two. these two are drunk.

>> we know that's not great. i don't know how this is a teaching tool.

>> that was actually me and hoda. [ laughter ]

>> right after the show.

>> right.

>> so have you ever, you know when you see the people who decorate their homes with crazy christmas lights and you're a little envious, i wish i would have spent that money and time to do something like that?

>> i never feel that way.

>> an arizona woman did. look at the house, okay, look at the house with lots of lights. and then look what the person next door did. can you see it? ditto with an arrow.

>> saved a lot of time and expense.

>> now we want to crank the music. i think the magic is going to start happening. and go, crank it up as you can. ready and go!

>> give him room.

>> go, go, go.

>> he's cutting hair. it's flying off. look at it.

>> i'm going to look like you pretty soon.

>> careful!

>> yeah!

>> the end result is terrific.

>> it's got shape, it's got length. lovely.

>> thank you, edward !

>> can we say a big thank you, guys, to our wonderful staff here at the "today" show? you guys threw such a nice lunch yesterday for me.

>> hoda, i was wondering if you were going to bring that up.

>> thank you so much. anyways, it's a big thank you. it was five years since breast cancer , so we all came out and celebrated. it was a beautiful menu christine picked, so thank you.

>> oh, my god.

>> everybody signed my own little menu.

>> jen miller was there as well, thank you to her gifts as well. she has to sign it too so it's complete.

>> thank you, guys, so much.

>> we're all grateful for us living in a world that has hoda woman in it.

>> that's nice, thank you.

>> many, many years of health and happiness.

>> hey, ms. sara.

>> sara's got some presents.

>> last chance to win. the sweepstakes ends today, december 12th , so don't wait. go to klgandhoda.com for the details. this is a big gift. don't have to do any work, just log on and put your information in.

>> he's amazing. thank you very

Source: http://video.today.msnbc.msn.com/today/50175036/

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Twitter, privacy advocates eye Occupy case after guilty plea

NEW YORK (Reuters) - An Occupy Wall Street protester who tried unsuccessfully to keep prosecutors from subpoenaing his tweets pleaded guilty Wednesday to disorderly conduct, in a case that could have broad implications for Twitter users as prosecutors increasingly use social media to build their cases.

The guilty plea in New York City Criminal Court from Malcolm Harris, one of hundreds arrested during an October 2011 mass march across the Brooklyn Bridge, does not mark the end of his legal battle, his lawyer, Martin Stolar said.

With his criminal case resolved, Harris is now free to appeal the judge's ruling that he does not have the legal right to challenge a subpoena served on Twitter for his tweets.

That issue - essentially, whether users of the social media site Twitter own their tweets and thus have standing to challenge prosecutors who seek to use their posts against them - has rarely, if ever, been taken up by U.S. courts.

The case, and the murky legal ground it covers, has prompted concerns among privacy advocates. They worry it could set a precedent that social media users do not own their content, putting the burden on Twitter and other companies to step in on their users' behalf when they face criminal prosecution.

"Setting a legal precedent on how this material can be used is much more important" than the minor offense he faced, Harris said outside the courtroom after entering the plea.

Manhattan Criminal Court Judge Matthew Sciarrino ruled earlier this year that Harris cannot challenge the subpoena because his posts belong to Twitter, not to him.

That stance runs contrary to Twitter's own interpretation. The company maintains in its terms of service that users have a proprietary interest in their tweets.

Twitter filed its own motion to quash the subpoena, but Sciarrino rejected that effort as well.

Twitter has appealed that ruling, calling it a case "of first impression," and groups like the American Civil Liberties Union have filed amicus briefs in support. An appellate court has not yet rendered a decision.

"This case demonstrates why the law needs to keep up with technology," said Aden Fine, an ACLU lawyer.

"The most troubling aspect of this case is the court's ruling that an individual Twitter user doesn't even have the right to go to court to try to protect their constitutional rights. It's not realistic to expect Twitter to go into court every single time one of its millions of users is affected by a subpoena."

The Brooklyn Bridge protest occurred at the height of the Occupy movement, which drew thousands of activists across the country angry at what they called a rigged economic system.

Like many of the protesters, Harris had argued that police appeared to lead protesters onto the bridge before suddenly arresting them.

But prosecutors said in court Wednesday that his tweets, which were no longer available online, undermined that defense. Harris boasted that the protesters pushed past police even when they tried to stop the march, according to prosecutors.

Twitter handed over the tweets in September after Sciarrino threatened it with civil contempt and hefty fines.

(Reporting by Joseph Ax; Editing by Paul Thomasch and Cynthia Osterman)

Source: http://news.yahoo.com/twitter-privacy-advocates-eye-occupy-case-guilty-plea-192903560.html

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Wednesday, December 12, 2012

HSBC to pay record $1.9 billion U.S. fine in money laundering case

(Reuters) - HSBC has agreed to pay a record $1.92 billion fine to settle a multi-year probe by U.S. prosecutors, who accused Europe's biggest bank of failing to enforce rules designed to prevent the laundering of criminal cash.

HSBC Holdings Plc admitted to a breakdown of controls and apologized in a statement on Tuesday announcing it had reached a deferred-prosecution agreement with the U.S. Department of Justice, as first reported by Reuters last week.

"We accept responsibility for our past mistakes. We have said we are profoundly sorry for them, and we do so again. The HSBC of today is a fundamentally different organization from the one that made those mistakes," said Chief Executive Stuart Gulliver.

"Over the last two years, under new senior leadership, we have been taking concrete steps to put right what went wrong and to participate actively with government authorities in bringing to light and addressing these matters."

The deferred prosecution agreement, when detailed by U.S. Justice Department officials later on Tuesday, could yield new information about a failure at HSBC to police transactions linked to Mexico, sources familiar with the matter said.

Details of those dealings were reported this summer in a sweeping U.S. Senate probe.

The Senate panel alleged that HSBC failed to maintain controls designed to prevent money laundering by drug cartels, terrorists and tax cheats, when acting as a financier to clients routing funds from places including Mexico, Iran and Syria.

The bank was unable to properly monitor $15 billion in bulk cash transactions between mid-2006 and mid-2009, and had inadequate staffing and high turnover in its compliance units, July's report said.

HSBC on Tuesday said it expected to also reach a settlement with British watchdog the Financial Services Authority. The FSA declined to comment.

U.S. and European banks have now agreed to settlements with U.S. regulators totaling some $5 billion in recent years on charges they violated U.S. sanctions and failed to police potentially illicit transactions.

No bank or bank executives, however, have been indicted, as prosecutors have instead used deferred prosecutions - under which criminal charges against a firm are set aside if it agrees to conditions such as paying fines and changing behavior.

HSBC's settlement also includes agreements or consent orders with the Manhattan district attorney, the Federal Reserve and three U.S. Treasury Department units: the Office of Foreign Assets Control, the Comptroller of the Currency and the Financial Crimes Enforcement Network.

HSBC said it would pay $1.921 billion, continue to cooperate fully with regulatory and law enforcement authorities and take further action to strengthen its compliance policies and procedures. U.S. prosecutors have agreed to defer or forego prosecution.

The settlement is the third time in a decade that HSBC has been penalized for lax controls and ordered by U.S. authorities to better monitor suspicious transactions. Directives by regulators to improve oversight came in 2003 and again in 2010.

Last month, HSBC told investors it had set aside $1.5 billion to cover fines or penalties stemming from the inquiry and warned costs could be significantly higher.

Analyst Jim Antos of Mizuho Securities said the settlement costs were "trivial" in terms of the company's book value.

"But in terms of real cash terms, that's a huge fine to pay," said Antos, who rates HSBC a "buy".

HSBC shares dipped 0.3 percent in early London trading to 639 pence, in line with a slightly weaker European bank index. Its Hong Kong stock nudged up 0.3 percent to HK$79.70.

"It has been damaging for the brand, albeit not as bad as it might have been," said Ian Gordon, analyst at Investec Securities in London.

"Is it absorbable? Yes. Is it significant? Yes. But in the absence of a broader attack on the business structure or individuals, that explains why the market reaction has been relatively muted today and has been since the allegations came out," he added.

ANTI-MONEY LAUNDERING CONTROLS

HSBC said it had increased spending on anti-money laundering systems by around nine times between 2009 and 2011, exited business relationships and clawed back bonuses for senior executives. It cited the hiring last January of Stuart Levey, a former top U.S. Treasury Department official, as chief legal officer, as evidence of its determination to change.

Under a five-year agreement with the Justice Department, HSBC agreed to have an independent monitor evaluate its progress in improving its compliance.

It also said that as part of the overhaul of its controls it has launched a global review of its "Know Your Customer" files, which will cost an estimated $700 million over five years. The files are designed to ensure that banks do not unwittingly act as conduits for criminal funds.

HSBC's settlement comes a day after rival British bank Standard Chartered Plc agreed to a $327 million settlement with U.S. law enforcement agencies for sanctions violations, a pact that follows a $340 million settlement the bank reached with the New York bank regulator in August.

Such settlements have become commonplace. In what had been the largest settlement until this week, ING Bank NV in June agreed to pay $619 million to settle U.S. government allegations it violated sanctions against countries including Cuba and Iran.

Other banks that have reached settlements over sanctions violations are Switzerland's Credit Suisse Group, Britain's Lloyds Banking Group and Barclays and ABN Amro Holding NV, a Dutch bank acquired by Royal Bank of Scotland Group Plc and a bank consortium in 2007.

In the United States, J.P. Morgan Chase, Wachovia Corp. and Citigroup Inc. have been cited for anti-money laundering lapses or sanctions violations.

HSBC's failings date to 2003, when the Federal Reserve Bank of New York and New York state regulators ordered it to better monitor suspicious money flows. In 2010, a consent order from the Comptroller of the Currency (OCC) ordered HSBC to review suspicious transactions. At the time, the OCC called HSBC's compliance program "ineffective".

In 2008, the U.S. Attorney in Wheeling, West Virginia, began investigating allegations that a local doctor used the bank to launder money from Medicare fraud.

Ultimately, that prosecutor's office came to believe the case was "the tip of the iceberg" in terms of suspicious transactions conducted through HSBC, according to documents reviewed by Reuters and reported earlier this year.

(Additional reporting by Lawrence White and Michael Flaherty in Hong Kong and Steve Slater in London; Editing by Peter Graff)

Source: http://news.yahoo.com/hsbc-announce-1-8-billion-settlement-u-money-054334042--sector.html

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Tuesday, December 11, 2012

Instagram courts hardcore photography fans with new filter and improved editing features

LOS ANGELES (TheWrap.com) - Cheryl Cole, who was originally hired as a judge for the American version of "The X Factor" but was replaced by Pussycat Doll Nicole Scherzinger before the show premiered, is now suing the producers of the show for $2.3 million dollars, according to court papers obtained by TheWrap. In the complaint against Blue Orbit Productions, filed in Los Angeles Superior Court, Girls Aloud singer Cole claims that she entered a pay-or-play agreement with Blue Orbit Productions in April 22, 2011, that guaranteed her $1. ...

Source: http://news.yahoo.com/instagram-courts-hardcore-photography-fans-filter-improved-editing-024524835.html

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No. 1 Indiana loses Etherington for season

BLOOMINGTON, Ind. (AP) ? No. 1 Indiana has lost sophomore forward Austin Etherington for the rest of the season because of a fractured left kneecap.

Etherington was hurt late in the first half of Saturday night's 100-69 victory over Central Connecticut State. After being called for a foul on the play, he stayed on the ground and was surrounded by teammates and coaches. He was lifted onto a stretcher and pointed to the crowd as he was wheeled off the court.

On Sunday, the team said Etherington had season-ending surgery.

Etherington's playing time had steadily increased as the Hoosiers (9-0) moved through the nonconference schedule.

Source: http://news.yahoo.com/no-1-indiana-loses-etherington-season-190924129--spt.html

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