Exclusive: Google to replace M&A chief

SAN FRANCISCO (Reuters) – Google Inc is replacing the head of its in-house mergers and acquisitions group, David Lawee, with one of its top lawyers, according to a person familiar with the matter.

Don Harrison, a high-ranking lawyer at Google, will replace Lawee as head of the Internet search company‘s corporate development group, which oversees mergers and acquisitions, said the source, who spoke anonymously because he was not authorized to speak publicly.

Google is also planning to create a new late-stage investment group that Lawee will oversee, the source said.

Google declined to comment. Lawee and Harrison could not immediately be reached for comment.

One of the Internet industry’s most prolific acquirers, Google has struck more than 160 deals to acquire companies and assets since 2010, according to regulatory filings. Many of Google’s most popular products, including its online maps and Android mobile software, were created by companies or are based on technology that Google acquired.

Harrison, Google’s deputy general counsel, will head up the M&A group at a time when the company is still in the process of integrating its largest acquisition, the $ 12.5 billion purchase of smartphone maker Motorola Mobility, which closed in May.

And he takes over at a time when the Internet search giant faces heightened regulatory scrutiny, with the U.S. Federal Trade Commission and the European Commission conducting antitrust investigations into Google’s business practices. Several recent Google acquisitions have undergone months of regulatory review before receiving approval.

As deputy general counsel, Harrison has been deeply involved in the company’s regulatory issues and many of its acquisitions. He joined Google more than five years ago and has completed more than 70 deals at the company, according to biographical information on the Google Ventures website.

Harrison is an adviser to Google Ventures, the company’s nearly four-year old venture division which provides funding for start-up companies.

While most of Google’s acquisitions are small and mid-sized deals that do not meet the threshold for disclosure of financial terms, Google has a massive war chest of $ 45.7 billion in cash and marketable securities to fund acquisitions.

Lawee, who took over the M&A group in 2008, has had hits and misses during his tenure. Google shut down social media company Slide one year after acquiring it for $ 179 million, for example.

The planned late-stage investment group has not been finalized, the source said. The fund might operate separately from Google Ventures, according to the source.

“Think of it as a private equity fund inside of Google,” the source said.

The company recently said it would increase the cash it allocates to Google Ventures to $ 300 million a year, up from $ 200 million, potentially helping it invest in later-stage financing rounds.

Google finished Friday’s regular trading session down 1 percent, or $ 6.92, at $ 684.21.

(Reporting By Alexei Oreskovic; editing by Carol Bishopric and Jim Loney)

Wireless News Headlines – Yahoo! News

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Susan Powell's Father-in-Law Secretly Took 4,500 Pictures of Her

12/07/2012 at 07:30 PM EST

Wrapping up a year that has brought unimaginable frustration and heartbreak, Susan Powell's family marked the three-year anniversary of her disappearance at a ceremony this week near where her two sons are buried.

"It's a hard time of year," Susan's father, Chuck Cox, tells PEOPLE. "Our daughter's still missing. Someday, we will find out what happened to her."

He added that he is not sure what to make of a West Valley City, Utah, police announcement Thursday that their investigation into Susan's Dec. 6, 2009 disappearance remains active but "has been scaled down," with a reduction in the number of full-time investigators working the case.

The announcement came at the same time that more evidence emerged of the alleged obsession Susan's father-in-law, Steven Powell, had toward her. Authorities released nearly 4,500 pictures that they say he secretly took of her at home and elsewhere.

Cox says he's hopeful that the police are still doing everything possible to solve Susan's case, but he hasn't ruled out suing the department for failing to arrest Susan's husband, Josh Powell, for her murder.

More than two years after Susan's disappearance, Josh on Feb. 5 murdered the couple's two sons and committed suicide by blowing up his house.

Cox's lawyer, Anne Bremner, says Cox "goes back and forth" over whether to sue West Valley City. "He wants them to find her. A lawsuit can have a chilling affect on things."

Cox and Bremner say they do plan to file a lawsuit against the state of Washington for continuing to give Josh visitation with his children despite what they claim were mounting concerns regarding his mental stability.

Although Cox and the police believe that Josh Powell knew more than anyone what happened to Susan, they also strongly suspect that his father, Steven Powell, should still be looked at more closely.

Steven Powell

Ted S. Warren / AP

The Coxes hoped Steve Powell's voyeurism trial in May would unearth some answers but it did not. Powell invoked his Fifth Amendment right against self-incrimination when asked in jail about Susan.

In numerous interviews with PEOPLE, Steve and Josh Powell denied any involvement in Susan's disappearance and have suggested that she ran off with another man.

Steve Powell was prosecuted for surreptitiously photographing his neighbor's young daughters (and is serving a 30-month sentence), but the investigation also unearthed journals in which Powell described his interest in his daughter-in-law, as well as the thousands of photos, which were released Thursday to the Associated Press.

In a journal entry, Steven Powell recalls a sexually charged dream in which Susan asks him, “Do you think I would make a good wife for you?” None of the pictures show Susan naked, although there are images of her crotch and backside.

"We think he knows exactly where our daughter is," Cox says.

Once Susan disappeared, Josh sold the family's home in Utah and moved with the boys into Steven Powell's house in Puyallup, Wash., only about two miles from the Cox family.

On Thursday, families streamed to Puyallup’s Woodbine Cemetery to remember the Powell boys and other children who died tragically and to dedicate a memorial: a bronze angel inspired by the novella The Christmas Box, in which strangers learn the value of love following a child’s death.

The novella's author, Richard Paul Evans, also attended the dedication. The memorial is on a hill overlooking the boys' gravesites 75 yards away.

"We get a lot of support from a lot of people and we're going to make it through," Cox says.

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Smokers celebrate as Wash. legalizes marijuana

SEATTLE (AP) — The crowds of happy people lighting joints under Seattle's Space Needle early Thursday morning with nary a police officer in sight bespoke the new reality: Marijuana is legal under Washington state law.

Hundreds gathered at Seattle Center for a New Year's Eve-style countdown to 12 a.m., when the legalization measure passed by voters last month took effect. When the clock struck, they cheered and sparked up in unison.

A few dozen people gathered on a sidewalk outside the north Seattle headquarters of the annual Hempfest celebration and did the same, offering joints to reporters and blowing smoke into television news cameras.

"I feel like a kid in a candy store!" shouted Hempfest volunteer Darby Hageman. "It's all becoming real now!"

Washington and Colorado became the first states to vote to decriminalize and regulate the possession of an ounce or less of marijuana by adults over 21. Both measures call for setting up state licensing schemes for pot growers, processors and retail stores. Colorado's law is set to take effect by Jan. 5.

Technically, Washington's new marijuana law still forbids smoking pot in public, which remains punishable by a fine, like drinking in public. But pot fans wanted a party, and Seattle police weren't about to write them any tickets.

In another sweeping change for Washington, Gov. Chris Gregoire on Wednesday signed into law a measure that legalizes same-sex marriage. The state joins several others that allow gay and lesbian couples to wed.

The mood was festive in Seattle as dozens of gay and lesbian couples got in line to pick up marriage licenses at the King County auditor's office early Thursday.

King County and Thurston County announced they would open their auditors' offices shortly after midnight Wednesday to accommodate those who wanted to be among the first to get their licenses.

Kelly Middleton and her partner Amanda Dollente got in line at 4 p.m. Wednesday.

Hours later, as the line grew, volunteers distributed roses and a group of men and women serenaded the waiting line to the tune of "Chapel of Love."

Because the state has a three-day waiting period, the earliest that weddings can take place is Sunday.

In dealing with marijuana, the Seattle Police Department told its 1,300 officers on Wednesday, just before legalization took hold, that until further notice they shall not issue citations for public marijuana use.

Officers will be advising people not to smoke in public, police spokesman Jonah Spangenthal-Lee wrote on the SPD Blotter. "The police department believes that, under state law, you may responsibly get baked, order some pizzas and enjoy a 'Lord of the Rings' marathon in the privacy of your own home, if you want to."

He offered a catchy new directive referring to the film "The Big Lebowski," popular with many marijuana fans: "The Dude abides, and says 'take it inside!'"

"This is a big day because all our lives we've been living under the iron curtain of prohibition," said Hempfest director Vivian McPeak. "The whole world sees that prohibition just took a body blow."

Washington's new law decriminalizes possession of up to an ounce for those over 21, but for now selling marijuana remains illegal. I-502 gives the state a year to come up with a system of state-licensed growers, processors and retail stores, with the marijuana taxed 25 percent at each stage. Analysts have estimated that a legal pot market could bring Washington hundreds of millions of dollars a year in new tax revenue for schools, health care and basic government functions.

But marijuana remains illegal under federal law. That means federal agents can still arrest people for it, and it's banned from federal properties, including military bases and national parks.

The Justice Department has not said whether it will sue to try to block the regulatory schemes in Washington and Colorado from taking effect.

"The department's responsibility to enforce the Controlled Substances Act remains unchanged," said a statement issued Wednesday by the Seattle U.S. attorney's office. "Neither states nor the executive branch can nullify a statute passed by Congress."

The legal question is whether the establishment of a regulated marijuana market would "frustrate the purpose" of the federal pot prohibition, and many constitutional law scholars say it very likely would.

That leaves the political question of whether the administration wants to try to block the regulatory system, even though it would remain legal to possess up to an ounce of marijuana.

Alison Holcomb is the drug policy director of the American Civil Liberties Union of Washington and served as the campaign manager for New Approach Washington, which led the legalization drive. She said the voters clearly showed they're done with marijuana prohibition.

"New Approach Washington sponsors and the ACLU look forward to working with state and federal officials and to ensure the law is fully and fairly implemented," she said.

___

Johnson can be reached at https://twitter.com/GeneAPseattle

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Asia shares edge higher, focus on U.S. jobs

TOKYO (Reuters) - Asian shares touched fresh 16-month highs on Friday following modest overnight gains in global equities as investors watched progress in U.S. budget talks with expectations for an eventual deal and awaited U.S. nonfarm payrolls data later in the day.

The euro hovered near a one-week low against the dollar, having fallen after the European Central Bank painted a bleak outlook for the euro zone and discussed cutting interest rates at its policy meeting on Thursday when it kept rates steady.

Recent indicators suggesting stabilizing growth in China, the world's second-largest, economy also helped improve sentiment, although the Asian Development Bank slightly lowered its 2012 and 2013 growth estimates for developing Asia on Friday as frail global demand drags on the region.

Buoyed by strong domestic demand, developing Asian economies have shown relatively more resilience compared with developed and more export-reliant economies such as Japan and south Korea.

MSCI's broadest index of Asia-Pacific shares outside Japan <.miapj0000pus> rose 0.6 percent, and was set for its third-straight weekly gain with a 1.4 percent advance. The index has gained about 17 percent year-to-date, compared to a loss of nearly 18 percent last year.

South and Southeast Asian bourses have outperformed, with a 32 percent year-to-date surge in the Philippines <.psi>, a nearly 31 percent gain in Thailand <.seti>, Indian shares <.bsesn> rising 26 percent and Indonesia <.jkse> up 12 percent to date.

Hong Kong shares <.hsi> were up 0.5 percent to a 16-month high and risen 21 percent so far this year, despite facing bouts of pressure from sputtering mainland Chinese markets.

South Korean shares <.ks11> were up 0.5 percent and Australian shares <.axjo> jumped 0.9 percent to its highest in nearly seven weeks, as top miners were supported by rebounding iron ore prices and banks recovered from losses the previous day.

"One of the reasons for the gains is better news we've seen from China and expectations the economy there has stabilized and growth has improved modestly," said Michael McCarthy, chief market strategist at CMC Markets.

Japan's Nikkei stock average <.n225> inched up 0.2 percent. <.t/>

U.S. stocks advanced modestly while the FTSEurofirst 300 index <.fteu3> of top European shares hit an 18-month closing high on Thursday.

As superstorm Sandy disrupted U.S. economic activity, nonfarm payrolls in November are expected to have increased only 93,000, compared to October's 171,000 job gain, a Reuters survey of economists showed. The unemployment rate is seen holding steady at 7.9 percent.

"A soft number should reinforce the case for the Fed doves ahead of next week's FOMC meeting where QE is likely to be increased in order to at least offset the expiration of Operation Twist. Hence a soft report should hurt USD and vice versa," Sean Callow, senior currency strategist at Westpac bank in Sydney, said in a note.

At its December 11-12 meeting, the Federal Reserve is expected to announce a new round of Treasury bond purchases to reinforce quantitative easing, replacing the expiring programme called Operation Twist, under which it bought $45 billion of longer-dated bonds a month while selling its shorter-date holdings.

The dollar traded at 82.47 yen, sticking close to a 7-1/2-month high of 82.84 hit on November 22.

With little to show after a month of posturing, the White House and Republicans in Congress dropped hints on Thursday that they had resumed low-level private talks on breaking the stalemate over the "fiscal cliff" but refused to divulge details.

Markets have been keeping up hope that Washington would eventually avert some $600 billion of tax hikes and spending cuts scheduled to start in January. Economists have warned that failure by Congress to reach an agreement on deficit reduction could tip the U.S. economy back into recession, further weighing on the fragile global economy.

"The main board is extending its upward trend that began in mid-November on hopes for a positive conclusion to the U.S. 'fiscal cliff' and economic growth policies from China," said Park Hae-sung, an analyst at LIG Investment & Securities.

Global rates: http://link.reuters.com/xyb96s

U.S. fiscal cliff: http://link.reuters.com/dut83t

Asset returns in 2012: http://link.reuters.com/nyw85s

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^>

EURO ON DEFENSIVE

The euro steadied at around $1.2968, after falling nearly 1 percent to $1.2950 on Thursday in its biggest one-day loss in a month, and retreating from a seven-week peak of $1.3127 set mid-week.

ECB President Mario Draghi said on Thursday policymakers had held a wide discussion on interest rates, including negative deposit rates, leaving the door open to a possible cut in borrowing costs next year.

Creating negative deposit rates means effectively charging depositors rather than paying them interest, with an aim of forcing banks to put their money to work elsewhere.

The ECB's new staff also projected gross domestic product next year could range from a contraction of 0.9 percent to growth of just 0.3 percent, suggesting contraction is far more likely than not. It forecast inflation of 1.1 percent to 2.1 percent next year.

"It is unusual that a negative growth projection for the next year is offered before the end of the current year, but with such a view, markets are naturally pricing in a interest rate cut," said Daisuke Karakama, market economist for Mizuho Corporate Bank in Tokyo.

He expected the euro to remain vulnerable with the risk of falling back to $1.2 at some point, but the single currency appeared to be supported currently by year-end repatriation flows.

U.S. crude futures inched up 0.3 percent to $86.53 a barrel and Brent rose 0.2 percent to $107.27.

(Additional reporting by Joyce Lee in Seoul and Maggie Lu Yueyang; Editing by Kim Coghill)

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North Korea Gets Ready for Launching

SEOUL, South Korea — The name of the satellite that North Korea will attempt to put into orbit as early as next week helps explain why the country’s impoverished regime wanted its own satellite project. Kwangmyongsong, or Shining Star, was also a title for Kim Jong-il — the late father of the North Korean leader, Kim Jong-un, and the man whose legacy of nuclear and missile programs his son must consolidate to justify his own hereditary rule.

North Korea’s state news media make it clear that the country’s rocket and nuclear programs have become integral to its self-image as a small, poor but militarily powerful country, which bigger nations must placate with economic concessions, and to its ruling party’s claim to political legitimacy. Thus, analysts say, North Korea will push ahead with its plan to launch the satellite despite international warnings of more sanctions.

By Thursday, all three stages of an Unha-3 rocket had been assembled at a launching pad, waiting for fueling, according to South Korean officials. North Korea said the countdown could come as early as Monday.

The timing is urgent for North Korea and tricky for regional powers.

Dec. 17 is the first anniversary of the death of Kim Jong-il, an occasion his son’s government must mark with something it hopes will remind its people of the late leader’s greatness and the success of his son’s leadership. This year is also the 100th anniversary of the birth of Kim Il-sung, Kim Jong-un’s grandfather and the founder of the dynasty, as well as the year North Korea was to have become a “strong and prosperous nation.” Mr. Kim is running out of time to provide some evidence of that achievement.

And “what better time to paint Washington, Seoul, Tokyo and Beijing into a corner with a flare-up that demands crisis-management diplomacy than during leadership transition?” asked Lee Sung-yoon, a North Korea specialist at the Fletcher School of Law and Diplomacy at Tufts University in Massachusetts, referring to elections and leadership changes unfolding in countries with the most at stake in the region.

“For Pyongyang, the perennial problem child in Northeast Asia, it pays to provoke,” Mr. Lee said, noting the North’s longstanding strategy of using military threats to grab the region’s attention and extract concessions.

This will be the second attempt by North Korea to send a satellite named after its late leader into orbit by year’s end. A rocket carrying a Kwangmyongsong satellite exploded in April shortly after takeoff. The mishap embarrassed Mr. Kim before the foreign journalists his government had invited to witness the launching. It also scuttled U.S. aid shipments and invited the comment from the country’s rival, South Korea, that the estimated $900 million Pyongyang had spent in developing and launching the rocket would have been better used to buy food for its hungry people. Mr. Kim hardly needs another embarrassment.

If successful, however, the rocket launching will bolster the claim North Korea made in October that it has missiles capable of reaching the U.S. mainland. Washington has said that the North Korean rocket is essentially a long-range missile minus a warhead, and therefore banned under U.N. resolutions. How close North Korea has come to mastering the technology necessary to deliver a nuclear payload by intercontinental ballistic missile is open to question.

The planned rocket launching comes amid signs that North Korea and Iran, Washington’s two leading proliferation concerns, have been strengthening their ties, including an agreement on scientific and technological cooperation signed in September. Iran said in 2009 that it had succeeded in putting a satellite into orbit with its Safir rocket. The Japanese and South Korean news media reported this week that Iranian specialists were in North Korea to help fix whatever caused the April launch failure.

“It’s time to formally consider the North Korean and Iranian missile development programs as an integrated one: A missile test in Iran helps North Korea, and a missile test in North Korea helps Iran in terms of sharing of test results and improved components,” said John S. Park, a nuclear security researcher at the Massachusetts Institute of Technology, adding that Chinese companies have served as intermediaries helping procure and transport components for the two nations.

The North Korean rocket presents one of the first foreign policy tests for Xi Jinping, the new Chinese leader. So far, Beijing appears to be following its standard playbook, not obsessing, publicly at least, over North Korea’s missile threats while encouraging the gradual economic reforms that it hopes will bring progress on denuclearization. The Chinese Foreign Ministry has called on “all sides” to remain “calm and restrained.”

Washington has condemned North Korea’s “highly provocative act.” But the administration of President Barack Obama, who will begin his second term in January, will probably need months to coordinate policy with the new leaderships its allies are in the midst of selecting. Japan is to hold parliamentary elections Dec. 16, and South Korea will elect a president Dec. 19.

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Minecraft sells almost 4.5 million copies on Xbox 360 as other indie games continue to struggle

Big-budget games such as Halo 4 and Call of Duty: Black Ops II might brag about how they rule the Xbox 360 in terms of sales, but indie games can also compete – if they’re addictive enough and offer enough value. Take Minecraft, an indie game developed by Markus “Notch” Persson’s company Mojang. According to Mojang, Minecraft, an indie game originally made for PC and ported to the Xbox 360 seven months ago has sold 4,476,904 copies as of the end of November with 40,000 to 60,000 copies sold every week. Minecraft is an anomaly because it doesn’t boast high-definition graphics that ooze of detailed lighting effects and didn’t cost millions of dollars to make, and yet it is the third-most played game on Xbox LIVE.

According to Gamasutra’s analysis and breakdown of November’s Xbox Live Arcade sales, only three other indie games managed to break 1 million copies downloaded last month. See below for the chart.

As you can see, every other game on Xbox Live Arcade other than Castle Crashers, Fruit Ninja Kinect, Happy Wars and Counter Strike: GO isn’t seeing the same type of success Minecraft is.

The lesson here is developers should always focus on the product and the users. If the gameplay mechanics are solid, the experience is fluid and bug-free, the gamers will come.

Get more from BGR.com: Follow us on Twitter, Facebook

Gaming News Headlines – Yahoo! News

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The X Factor Reveals Its Four Semi-Finalists

TV Watch

The X Factor

By Aaron Parsley

12/06/2012 at 09:20 PM EST

There were tears on The X Factor Thursday night.

With only four spots in next week's semi-finals, the six acts who performed two songs each Wednesday night were a tense bunch. Especially after last week's shocking elimination that sent home fan favorite Vino Alan.

A majority of PEOPLE.com readers picked Demi Lovato's only remaining contestant, CeCe Frey, as the singer who most deserved elimination. Was she able to make it through one more week? Keep reading for all the results ...

CeCe Frey was the first to go.

"I'm proud of everything that I've done on this show," she said. "I hope I've taught everyone at home that you need to love who you are, because the more you love who you are, the less you're going to need anybody else to."

Her coach tried to avoid tears but shed a few anyway. "I've grown so close to you," Demi said. "And I'm just so proud of you."

Three acts were then declare safe: Simon Cowell's boy band, Emblem3; Britney Spears's frontrunner, Carly Rose Sonenclar; and L.A. Reid's country singer, Tate Stevens, also a frontrunner.

That left Team Britney's Diamond White and Simon's other group, Fifth Harmony, to sing for survival.

Fifth Harmony sang Mariah Carey's "Anytime You Need a Friend," and Diamond sang Lee Ann Womack's "I Hope You Dance."

As expected, Simon and Britney voted to send home each other's acts. But it was the end of the road for Diamond, after L.A. and Demi both voted to send her home as well.

"I'm just thinking of Cher Lloyd right now," she said of the "Want U Back" singer. "She came in fifth and look where she is."

Here's how the top four ranked:
1. Tate Stevens
2. Carly Rose Sonenclar
3. Emblem3
4. Fifth Harmony

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Celebrations planned as Wash. legalizes marijuana

SEATTLE (AP) — Legal marijuana possession becomes a reality under Washington state law on Thursday, and some people planned to celebrate the new law by breaking it.

Voters in Washington and Colorado last month made those the first states to decriminalize and regulate the recreational use of marijuana. Washington's law takes effect Thursday and allows adults to have up to an ounce of pot — but it bans public use of marijuana, which is punishable by a fine, just like drinking in public.

Nevertheless, some people planned to gather at 12:01 a.m. PST Thursday to smoke in public beneath Seattle's Space Needle. Others planned a midnight party outside the Seattle headquarters of Hempfest, the 21-year-old festival that attracts tens of thousands of pot fans every summer.

"This is a big day because all our lives we've been living under the iron curtain of prohibition," said Hempfest director Vivian McPeak. "The whole world sees that prohibition just took a body blow."

In another sweeping change for Washington, Gov. Chris Gregoire on Wednesday signed into law a measure that legalizes same-sex marriage. The state joins several others that allow gay and lesbian couples to wed.

That law also takes effect Thursday, when gay and lesbian couples can start picking up their wedding certificates and licenses at county auditors' offices. Those offices in King County, the state's largest and home to Seattle, and Thurston County, home to the state capital of Olympia, planned to open the earliest, at 12:01 a.m. Thursday, to start issuing marriage licenses. Because the state has a three-day waiting period, the earliest that weddings can take place is Sunday.

The Seattle Police Department provided this public marijuana use enforcement guidance to its officers via email Wednesday night: "Until further notice, officers shall not take any enforcement action — other than to issue a verbal warning — for a violation of Initiative 502."

Thanks to a 2003 law, marijuana enforcement remains the department's lowest priority. Even before I-502 passed on Nov. 6, police rarely busted people at Hempfest, despite widespread pot use, and the city attorney here doesn't prosecute people for having small amounts of marijuana.

Officers will be advising people to take their weed inside, police spokesman Jonah Spangenthal-Lee wrote on the SPD Blotter. "The police department believes that, under state law, you may responsibly get baked, order some pizzas and enjoy a 'Lord of the Rings' marathon in the privacy of your own home, if you want to."

Washington's new law decriminalizes possession of up to an ounce for those over 21, but for now selling marijuana remains illegal. I-502 gives the state a year to come up with a system of state-licensed growers, processors and retail stores, with the marijuana taxed 25 percent at each stage. Analysts have estimated that a legal pot market could bring Washington hundreds of millions of dollars a year in new tax revenue for schools, health care and basic government functions.

But marijuana remains illegal under federal law. That means federal agents can still arrest people for it, and it's banned from federal properties, including military bases and national parks.

The Justice Department has not said whether it will sue to try to block the regulatory schemes in Washington and Colorado from taking effect.

"The department's responsibility to enforce the Controlled Substances Act remains unchanged," said a statement issued Wednesday by the Seattle U.S. attorney's office. "Neither states nor the executive branch can nullify a statute passed by Congress" — a non-issue, since the measures passed in Washington and Colorado don't "nullify" federal law, which federal agents remain free to enforce.

The legal question is whether the establishment of a regulated marijuana market would "frustrate the purpose" of the federal pot prohibition, and many constitutional law scholars say it very likely would.

That leaves the political question of whether the administration wants to try to block the regulatory system, even though it would remain legal to possess up to an ounce of marijuana.

Colorado's measure, as far as decriminalizing possession goes, is set to take effect by Jan. 5. That state's regulatory scheme is due to be up and running by October 2013.

___(equals)

Johnson can be reached at https://twitter.com/GeneAPseattle

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Dow, S&P rise, but Nasdaq sours with Apple in wild day

NEW YORK (Reuters) - A volatile trading session ended with U.S. stocks mostly higher on Wednesday, even as Apple, the most valuable company in the United States, suffered its worst day of losses in almost four years.

In a strange occurrence, Apple accounted for the entirety of the Nasdaq 100's <.ndx> fall of 1.1 percent, while the Dow industrials - which do not include Apple as a component - enjoyed the best day since November 28.

With the drop, Apple shed nearly $35 billion in market capitalization, its biggest one-day market-cap loss ever. The company's market value, or market capitalization, now stands at $506.85 billion.

"Today's move is because of index weightings, with the Nasdaq down because of Apple's decline," said Rex Macey, chief investment officer of Wilmington Trust in Atlanta. "The S&P is up because Apple isn't as big a weight in that index, and the Dow is up even more because it isn't there at all."

The broad market seesawed, with the S&P 500 dropping into negative territory before it rebounded off the 1,400 level, seen as a key support point over the past two weeks. Investors cited comments from President Barack Obama suggesting a potential near-term resolution to the "fiscal cliff" wrangling in Washington as a catalyst for the rebound.

Shares of The Travelers Cos Inc rose 4.9 percent to $74. The stock ranked as the Dow's top percentage gainer after the insurance company said it intended to resume stock buybacks it had temporarily suspended while it assessed its exposure to Superstorm Sandy. The company also said a preliminary estimate of net losses from Sandy was about $650 million after tax.

The Dow Jones industrial average <.dji> rose 82.71 points, or 0.64 percent, to 13,034.49 at the close. The Standard & Poor's 500 Index <.spx> gained 2.23 points, or 0.16 percent, to 1,409.28. But the Nasdaq Composite Index <.ixic> fell 22.99 points, or 0.77 percent, to end at 2,973.70.

Apple, the largest U.S. company by market capitalization and a big weight in both the S&P 500 and the Nasdaq, fell 6.4 percent to $538.79. Apple is down more than 20 percent from an all-time high reached in late September, putting the stock into bear market territory.

Banking shares were led higher by a 6.3 percent jump in Citigroup to $36.46 after the company said it would cut 4 percent of its workforce. The S&P financial sector index <.gspf> climbed 1.3 percent, and Bank of America hit a 52-week high of $10.55 before pulling back slightly. The stock, a Dow component, ended at $10.46, up 5.7 percent for the day.

Cyclical sectors, which are tied to the pace of economic growth, rallied on optimism about progress on a solution to avoid the fiscal cliff. An S&P index of industrial stocks <.gspi> rose 1.1 percent, buoyed by Caterpillar Inc , up 2.2 percent at $86.05, while an S&P index of energy shares <.gspe> climbed 0.7 percent. The Dow Jones Transportation Average <.djt> gained 0.9 percent, with CSX Corp jumping 2.7 percent to $20.16.

Still, Apple struggled throughout the session. Market participants cited a host of reasons for the drop in the iPad maker's stock, including a consultant's report about the company losing share in the tablet market and reports that margin requirements had been raised by at least one clearing firm, as well as year-end tax selling ahead of a possible rise in capital-gains tax rates next year.

On the Washington front, Obama told the Business Roundtable, a group of chief executives, on Wednesday that a fiscal cliff deal was possible "in about a week" if Republicans acknowledged the need to raise taxes on the wealthiest Americans.

Equities have struggled to gain ground recently because of concerns over the fiscal cliff - a series of mandatory spending cuts and tax increases effective in early January that could push the U.S. economy into recession next year. Recently equities have moved on any whiffs of sentiment from Washington in headlines about negotiations.

"Obama's comments generated a lot of optimism, but to the extent the market believes them, that's how much we're setting ourselves up for a decline if that deadline passes with no progress," said Macey, who helps oversee about $20 billion in assets.

In an interview on CNBC after the market closed, U.S. Treasury Secretary Tim Geithner said that uncertainty over the fiscal cliff was standing in the way of stronger economic growth, and that there was no prospect for an agreement if tax rates didn't rise on the wealthiest taxpayers.

The stock of Freeport-McMoRan Copper & Gold Inc fell 16 percent to $32.17 and ranked as the S&P 500's biggest percentage decliner. The company said it was acquiring Plains Exploration & Production Co and McMoRan Exploration Co in two separate deals for $9 billion in cash and stock in a major expansion into energy.

McMoRan Exploration soared 87 percent to $15.82 and Plains surged 23.4 percent to $44.50.

About half of the stocks traded on the New York Stock Exchange closed in positive territory, while about 54 percent of Nasdaq-listed shares ended lower.

Volume was higher than it has been in recent sessions, with about 6.93 billion shares changing hands on the New York Stock Exchange, the Nasdaq and NYSE MKT, above the daily average so far this year of about 6.48 billion shares.

(Editing by Jan Paschal)

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Oscar Niemeyer, Modernist Architect of Brasília, Dies at 104

Eraldo Peres/Associated Press

The Esplanade of Ministries in Brasília features some of the most famous works by the architect Oscar Niemeyer, including the Metropolitan Cathedral, center right. More Photos »

Oscar Niemeyer, the celebrated Brazilian architect whose flowing designs infused Modernism with a new sensuality and captured the imaginations of generations of architects around the world, died on Wednesday in Rio de Janeiro. He was 104.

The medical staff at the Hospital Samaritano in Rio, where he was being treated, said on national television that he died of a respiratory infection. Mr. Niemeyer was among the last of a long line of Modernist true believers who stretch from Le Corbusier and Mies van der Rohe to the architects who defined the postwar architecture of the late 1940s, ’50s and ’60s. He is best known for designing the government buildings of Brasília, a sprawling new capital carved out of the Brazilian savanna that became an emblem both of Latin America’s leap into modernity and, later, of the limits of Modernism’s utopian aspirations.

His curvaceous, lyrical, hedonistic forms helped shape a distinct national architecture and a modern identity for Brazil that broke with its colonial and baroque past. Yet his influence extended far beyond his country. Even his lesser works were a counterpoint to reductive notions of Modernist architecture as blandly functional.

“Brazil lost today one of its geniuses,” Dilma Rousseff, Brazil’s president, said in a statement issued Wednesday night. “Few dreamed so intensely, and accomplished so much, as he did.” Allied with the far left for most of his life, he suffered career setbacks during the rule of Brazil’s right-wing military dictatorships of the 1960s and ’70s, and he was barred from working in the United States during much of the cold war. As Modernism later came under attack for its sometimes dogmatic approach to history, his works were marginalized.

Still, Mr. Niemeyer never stopped working; he churned out major new projects through his 80s and 90s. And as the cold-war divide and architecture’s old ideological battles faded from memory in recent years, a younger generation began embracing his work, intrigued by the consistency of his vision and his ability to achieve voluptuous effects on a heroic scale. For his part, Mr. Niemeyer never wavered from a conviction that, as he once put it, “form follows beauty.”

Oscar Ribeiro de Almeida Niemeyer Soares Filho was born in Rio de Janeiro on Dec. 15, 1907, one of six children of a typographer and his wife. His father owned a graphic arts business, and a grandfather was a judge on the country’s supreme court. A precocious talent, Mr. Niemeyer was trained at the National School of Fine Arts, where he soon drew the attention of its dean, Lucio Costa. Costa was at the center of a small group of architects working to bring the message of Modernist architecture to Brazil.

The timing was ideal. Costa was then designing the Ministry of Education and Health’s headquarters in Rio, and he invited Mr. Niemeyer to join his firm as a draftsman. In 1936, the ministry hired the Swiss-born architect Le Corbusier to contribute ideas for the design. Le Corbusier was already a legend in architecture, and the building would become the first major public project by a Modernist architect in Latin America.

Mr. Niemeyer, one of several draftsmen assigned to the project, absorbed Le Corbusier’s vision of a modern world shaped by the myth of the machine, and drew on the master’s belief in an architecture of abstract forms enlivened by a sensitive use of light and air.

A Vision Emerges

But Mr. Niemeyer was also a self-confident apprentice with a vision of his own; under Costa’s supervision, he made significant changes to Le Corbusier’s scheme. The columns supporting the building’s main office block were more than doubled in height, giving the structure a more slender profile. An auditorium that Le Corbusier had envisioned as a separate structure was tucked under the office block, creating a more compact urban composition.

Shielded from the sun behind rows of elegant baffles, the building had a clean, stripped-down style that made it a sparkling example of classical Modernism while heralding Brazil’s emergence as a vibrant center of experimentation.

Simon Romero contributed reporting from Rio de Janeiro.

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