Dow, S&P 500 inch up with retailers but Apple drags again

NEW YORK (Reuters) - The Dow and S&P 500 edged higher on Tuesday after stronger-than-expected retail data, though tech heavyweight Apple dragged on the market for a third day.

Apple was the biggest weight on both the S&P 500 and Nasdaq 100 <.ndx> after reports on Monday of cuts to orders for iPhone parts. Shares declined 3.2 percent to $485.92 and closed below $500 for the first time since February.

Retail stocks advanced after a government report showing retail sales rose more than expected in December was seen as a favorable sign for fourth-quarter growth. A separate report showed manufacturing activity in New York state contracted for the sixth month in a row in January.

"A little better-than-expected news on retail sales once again reinforces that the consumer remains alive and reasonably well," said Mark Luschini, chief investment strategist at Janney Montgomery Scott in Philadelphia, which manages about $54 billion in assets.

Among retailers, American Eagle Outfitters Inc gained 4.8 percent to $20.58 and Gap Inc rose 3.4 percent to $32.46. The Morgan Stanley retail index <.mvr> advanced 1.5 percent.

Express Inc surged 23.8 percent to $17.40 after the apparel retailer raised its fourth-quarter and full year 2012 outlook.

The Dow Jones industrial average <.dji> was up 27.57 points, or 0.20 percent, at 13,534.89. The Standard & Poor's 500 Index <.spx> was up 1.66 points, or 0.11 percent, at 1,472.34. The Nasdaq Composite Index <.ixic> was down 6.72 points, or 0.22 percent, at 3,110.78.

Apple's stock has lost about 7 percent in the last three sessions and is down 8.7 percent since the start of the year.

"It's tough to discern exactly what's putting the pressure on it. But at the end of the day, its influence, considering it's still 3 1/2 to 4 percent of the S&P 500 index, is being felt," Luschini said.

"I attribute (it) to just some of the bloom coming off of the rose. They haven't necessarily done anything wrong, as much as others have caught up."

Also keeping investors on edge is the looming debt ceiling debate. On Monday, President Barack Obama rejected any negotiations with Republicans over raising the U.S. debt ceiling. The United States could default on its debt if Congress does not increase the borrowing limit.

Resolving the debt ceiling is more a question of how than if. Investors don't expect a U.S. default, but they are also wary of another eleventh-hour agreement like the one in August 2011.

An expected lackluster earnings season, too, kept investors from taking aggressive bets. Analyst estimates for the quarter have fallen sharply since October. S&P 500 earnings growth is now seen up just 1.8 percent from a year ago, Thomson Reuters data showed.

Homebuilder Lennar reported a sharp rise in quarterly profit, but the stock declined 0.8 percent to $40.68 on worries that growth in orders was slowing.

Dell Inc shares added to Monday's gains, ending up 7.2 percent to $13.17 after sources said talks to take the computer maker private are in an advanced stage.

On the down side, shares of Facebook dropped 2.7 percent to $30.10. The company unveiled a "graph search" feature that CEO Mark Zuckerberg said would help its billion-plus users sort through content within the social network and its content feeds.

Volume was roughly 5.8 billion shares traded on the New York Stock Exchange, the Nasdaq and the NYSE MKT, compared with the 2012 average daily closing volume of about 6.45 billion.

Advancers outpaced decliners on the NYSE by about 17 to 12 and on the Nasdaq by about 13 to 11.

(Additional reporting by Chuck Mikolajczak; Editing by Kenneth Barry and Nick Zieminski)

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Winfrey says Armstrong interview 'intense'

AUSTIN, Texas (AP) — "Emotional" doesn't come close to describing Lance Armstrong's conversation with Oprah Winfrey — an interview that included his confession about using performance-enhancing drugs to win seven Tour de France titles, Winfrey said Tuesday.

She recounted her session with Armstrong on "CBS This Morning" and promoted what has become a two-part special on her OWN network, even while international doping officials said it wouldn't be enough to save the disgraced cyclist's career.

"I don't think 'emotional' begins to describe the intensity or the difficulty he experienced in talking about some of these things," Winfrey said.

Armstrong admitted during the interview at an Austin hotel that he used drugs to help him win the titles.

"It was surprising to me," she said. "I would say that for myself, my team, all of us in the room, we were mesmerized and riveted by some of his answers."

Winfrey said she went right at Armstrong with tough questions and, during a break, he asked if they would lighten up at some point. Still, Winfrey said she did not have to dig and that he was "pretty forthcoming."

"I felt that he was thoughtful. I thought that he was serious," she said. "I thought that he certainly had prepared for this moment. I would say that he met the moment."

The session was to be broadcast in a single special Thursday but Winfrey said it will now run in two parts on consecutive nights — Thursday and Friday — because there is so much material. Winfrey would not characterize whether Armstrong seemed contrite, saying she'll leave that to viewers.

As stunning as Armstrong's confession was for someone who relentlessly denied using PEDs, the World Anti-Doping Agency said he must confess under oath if he wants to reduce his lifetime ban from sports.

The cyclist was stripped of his Tour titles, lost most of his endorsements and was forced to leave his cancer charity, Livestrong, last year after the U.S. Anti-Doping Agency issued a 1,000-page report that accused him of masterminding a long-running doping scheme.

WADA's statement said: "Only when Mr. Armstrong makes a full confession under oath — and tells the anti-doping authorities all he knows about doping activities — can any legal and proper process for him to seek any reopening or reconsideration of his lifetime ban commence."

The International Cycling Union, or UCI, also issued a statement, urging Armstrong to tell his story to an independent commission it has set up to examine claims that cycling's governing body hid suspicious samples from the cyclist, accepted financial donations from him and helped him avoid detection in doping tests.

Before the Winfrey interview, Armstrong visited the headquarters of Livestrong, the charity he founded in 1997 and turned into a global force on the strength of his athletic dominance and personal story of surviving testicular cancer that had spread to his lungs and brain.

"I'm sorry," Armstrong told about 100 staff members gathered in a conference. He choked up during the 20-minute talk, expressed regret for the long-running controversy tied to performance-enhancers, but stopped short of admitting he used them.

"Heartfelt and sincere," is how Livestrong spokeswoman Katherine McLane described his speech.

Winfrey has promoted her interview, one of the biggest for OWN since she launched the network in 2011, as a "no-holds barred" session and said she was ready to go with 112 questions. Not all of them were asked, she said, but many were.

USADA chief executive Travis Tygart, a longtime critic of Armstrong's, called the drug regimen practiced while Armstrong led the U.S. Postal Service team "the most sophisticated, professionalized and successful doping program that sport has ever seen." USADA did not respond to requests for comment about Armstrong's confession.

Armstrong often went after his critics during his long reign as cycling champion. He scolded some in public and didn't hesitate to punish outspoken riders during the race itself. He waged legal battles against still others in court.

At least one of his opponents, the London-based Sunday Times, has already filed a lawsuit to recover about $500,000 it paid him to settle a libel case, and Dallas-based SCA Promotions, which tried to deny Armstrong a promised bonus for a Tour de France win, has threatened to bring another lawsuit seeking to recover more than $7.5 million awarded by an arbitration panel.

In Australia, the government of South Australia state said it will seek the repayment of several million dollars in appearance fees paid to Armstrong for competing in the Tour Down Under in 2009, 2010 and 2011.

"We'd be more than happy for Mr. Armstrong to make any repayment of monies to us," South Australia Premier Jay Weatherill said.

Betsy Andreu, the wife of former Armstrong teammate Frankie Andreu, was one of the first to publicly accuse Armstrong of using performance-enhancing drugs. She called news of Armstrong's confession "very emotional and very sad," and choked up when asked to comment.

"He used to be one of my husband's best friends and because he wouldn't go along with the doping, he got kicked to the side," she said. "Lance could have a positive impact if he tells the truth on everything. He's got to be completely honest."

Betsy Andreu testified in SCA's arbitration case challenging the bonus in 2005, saying Armstrong admitted in an Indiana hospital room in 1996 that he had taken many performance-enhancing drugs, a claim Armstrong vehemently denied.

"It would be nice if he would come out and say the hospital room happened," Andreu said. "That's where it all started."

Former teammate Floyd Landis, who was stripped of the 2006 Tour de France title for doping, has filed a federal whistle-blower lawsuit that accused Armstrong of defrauding the U.S. Postal Service. An attorney familiar with Armstrong's legal problems told the AP that the Justice Department is highly likely to join the lawsuit. The False Claims Act lawsuit could result in Armstrong paying a substantial amount of money to the U.S. government. The deadline for the department to join the case is Thursday, though the department could seek an extension if necessary.

According to the attorney, who works outside the government, the lawsuit alleges that Armstrong defrauded the U.S. government based on his years of denying use of performance-enhancing drugs. The attorney spoke on condition of anonymity because the source was not authorized to speak on the record about the matter.

The lawsuit most likely to be influenced by a confession might be the Sunday Times case. Potential perjury charges stemming from Armstrong's sworn testimony in the 2005 arbitration fight would not apply because of the statute of limitations. Armstrong was not deposed during the federal investigation that was closed last year.

Armstrong is said to be worth around $100 million. But most sponsors dropped him after USADA's scathing report — at the cost of tens of millions of dollars — and soon after, he left the board of Livestrong.

After the USADA findings, he was also barred from competing in the elite triathlon or running events he participated in after his cycling career. WADA Code rules state his lifetime ban cannot be reduced to less than eight years. WADA and U.S. Anti-Doping officials could agree to reduce the ban further depending on what information Armstrong provides and his level of cooperation.

___

Litke reported from Chicago. Pete Yost in Washington also contributed to this report.

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Are gun curbs just symbolism?

STORY HIGHLIGHTS

• Gun violence recommendations are expected from Vice President Biden on Tuesday


• The proposals are expected to contain substantive and symbolic ideas to curb gun violence


• Presidents use symbolism to shift public opinion or affect larger political or social change

Washington (CNN) -- The pictures told the story: Vice President Joe Biden looked solemn, patrician and in control as he sat at a long table in the White House, flanked by people on both sides of the gun control issue.

The images conveyed a sense that the White House was in command on this issue.

And that's the point. Historically, presidential administrations have used symbolic imagery—at times coupled with marginal actions—to shift public opinion or affect larger political or social change.

"Politics is a risk taking project," said Julian Zelizer, a Princeton University historian and CNN contributor. "They put together these commissions in response to some crisis. You try a hundred things and hope something works."

As Biden's gun control task force recommendations land on the desk of President Barack Obama, political experts say it is important that his administration sends a clear signal that it has things in hand.

Obama says gun lobby stokes fear of federal action

That is especially critical in what will likely be an uphill battle to push specific changes, like an assault weapons ban, as part of a broader effort on gun control.

The first move in the image battle will be to appear to move quickly and decisively.

"You have to give the Obama administration credit for one thing: They've learned from history to do things quickly," Larry Sabato, director of the University of Virginia's Center for Politics, said of previous task force initiatives that fizzled.

In 2010, Obama appointed a bipartisan commission headed by former Republican Sen. Alan Simpson of Wyoming and Erskine Bowles, a former Democratic White House chief of staff, to come up with a proposal to balance the budget and cut the debt.

Like the gun task force, Simpson-Bowles reviewed current regulations, gathered input from the public and engaged in tense internal conversations. But after months of working on a proposal—a blend of steep revenue increases and spending cuts—the group struggled to agree to a solution. The president did not take up the recommendations.

Obama largely avoided the issue of gun control during his first term.

He wrote an opinion piece two months after the 2011 assassination attempt on Rep. Gabrielle Giffords of Arizona, acknowledging the importance of the Second Amendment right to bear arms. In the piece he also called for a focus on "effective steps that will actually keep those irresponsible, law-breaking few from getting their hands on a gun in the first place."

Newtown searches for answers a month later

But in the aftermath of that shooting and as the election season loomed, the Justice Department backed off from a list of recommendations that included a measure designed to help keep mentally ill people from getting guns.

For now, at least, there is a sense in Washington that the Newtown, Connecticut, school shooting where 26 people -- 20 of them young children -- were slaughtered could lead to meaningful legislative reform.

Public opinion would seem to suggest that the White House efforts are well timed.

In the month since the massacre, a new poll showed the percentage of Americans who said they were dissatisfied with America's gun laws has spiked.

The Gallup survey released on Monday showed 38% of Americans were dissatisfied with current gun regulations, and wanted stricter laws. That represented 13-point jump from one year ago, when 25% expressed that view. "You want to strike while the iron is hot," Sabato said. "We Americans have short attention spans and, as horrible as the Newtown shooting was, will anyone be surprised if we moved along by spring?"

The White House has since worked overtime to show it considers gun control an urgent matter.

The vice president has spent the last week meeting with what the White House calls "stakeholders" in the gun control debate.

On Monday, Biden was to meet with members of a House Democratic task force on guns, along with Attorney General Eric Holder, Homeland Security Secretary Janet Napolitano, and Kathleen Sebelius, the secretary of Health and Human Services.

Universal background check: What does it mean?

In a series of face to face discussions on Thursday, Biden sat down with the National Rifle Association and other gun owners groups before conferring with representatives from the film and television industry.

In a sign the White House is prepared to move aggressively on its proposals, Biden made public comments just before meeting with the National Rifle Association, the country's most powerful gun lobby.

"Putting the vice president in charge of (the task force) and having him meeting with these groups is intended to show seriousness and an effort to reach out and respond to concerns and wishes of various groups," said Alan Abramowitz, a political science professor at Emory University.

Still, the NRA expressed disappointment in its discussion with Biden and later released a statement that accused the administration of mounting "an agenda to attack the Second Amendment."

Organizations seeking tougher gun control laws insist an assault weapons ban is critical to addressing the nation's recent rash of mass shootings. However, such a ban could be difficult in a Congress mired in gridlock.

"The bully pulpit is limited. It's hard for the president to sustain that momentum," Zelizer said of the White House's gun control efforts after the Newtown shootings. "The thing about symbolism is, like the shock over Newtown, they fade quickly."

Newtown opens eyes to other gun violence against young people

CNN's Jim Acosta and Kevin Liptak contributed to this report

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Facebook adding search feature

Chicago Tribune social media editor Scott Kleinberg discusses the new search feature that Facebook revealed today. (Posted on: Jan. 15, 2013)

Facebook Inc. CEO Mark Zuckerberg unveiled on Tuesday a feature to help its users search for people and places within the social network, in the company's first major product launch since its May initial public offering.

Speaking to reporters at its Menlo Park, Calif. headquarters, Zuckerberg revealed "graph search," which allows users to sort through only content that has been shared with them -- addressing potential privacy concerns.

Available as a beta or early version to hundreds of thousands of users now, the new feature -- dubbed "graph search" because Facebook refers to its growing content, data and membership as the "social graph" -- will initially let users browse mainly photographs, people, places and members' interests, he added.

Zuckerberg promised users will be able to tailor their searches, such as by specifying music and restaurants that their friends like, or their favorite dentist. The reverse is also possible, such as discovering friends who have an interest in a particular topic.

Facebook may explore ways to earn revenue off of the service in the future, he added.

"You need to be able to ask the query, like, who are my friends in San Francisco," Zuckerberg said. "Graph search is a really big product. It's going to take years and years to index the whole map of the graph and everything we have out there."

"We'll start rolling it out very slowly. We're looking forward to getting it into more people's hands over coming weeks and months."

Critics have long deemed the social network's current search capabilities inadequate. Zuckerberg stressed Facebook was not getting into Internet searches, Google Inc's specialty.

But the news drove shares in Yelp Inc, which focuses on pooling customer reviews of restaurants and other popular services, about 7.1 percent lower. Wedbush Securities analyst Michael Pachter argued that recommendations from trusted friends were more valuable than from strangers on the Web.

"The initial focus is on getting users more engaged, so this is making Facebook more useful and sticky," Pachter said. "I don't see a revenue model initially, but think ultimately, search makes user activity even more relevant to advertisers, and allows greater focus."

MAKING MONEY

The world's largest online social network, with more than one billion users, Facebook is moving to regain Wall Street's confidence in the wake of a rocky IPO and concerns about its long-term money-making prospects.

Central to its efforts is devising new ways to make money from users who are migrating to mobile devices. Zuckerberg said the company is working on that front.

Speculation approached fever pitch over the past week about what Facebook planned to reveal in its highest-profile news briefing since its market debut. Guesses had ranged from a long-rumored smartphone to a full Web-search product.

That anticipation, as well as expectations of strong fourth-quarter financial results, helped boost Facebook's stock. Its shares are up more than 15 percent since the start of the year.

On Tuesday, its stock slid 2 percent at $30.30, giving up some of its recent gains.

"The search function on Facebook was basic and as such, a wasted opportunity given Facebook's imperative to strengthen advertising revenues," said Ovum Research analyst Eden Zoller.

Zuckerberg said he could foresee a business in search over time, but analysts advised caution. Facebook has come under fire numerous times for unclear privacy guidelines.

"Facebook graph search will no doubt leverage member data to provide advertisers with more targeted, personalized advertising opportunities going forward. But Facebook needs to tread very carefully here and be mindful of user privacy," Zoller said.

FB data by YCharts

YELP data by YCharts

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France to stay in Mali until stability restored

BAMAKO/DUBAI (Reuters) - France pledged on Tuesday to keep troops in Mali until stability returned to the West African country, raising the specter of a long campaign against al Qaeda-linked rebels who held their ground despite a fifth day of air strikes.

Paris has poured hundreds of soldiers into Mali and carried out 50 bombing raids since Friday in the Islamist-controlled northern half of the country, which Western and regional states fear could become a base for terrorist attacks in Africa and Europe.

Defense Minister Jean-Yves Le Drian said that, despite French air support, Malian forces had not been able to dislodge Islamist fighters from the central Malian town of Konna or Diabaly, just 350 km (220 miles) northeast of Bamako.

A column of French armored vehicles rolled northward from the dusty riverside capital of Bamako towards rebel lines on Tuesday, the first major northward deployment of ground troops. A military official declined to comment on their objective.

Thousands of African soldiers are due to take over the offensive, but regional armies are scrambling to accelerate the operation, which was initially not expected for months and has been brought forward by France's surprise bombing campaign aimed at stopping a rebel advance on a strategic town last week.

President Francois Hollande, on a visit to the United Arab Emirates during which he sought Gulf states' financial backing for the African-led mission, suggested France would retain a major role in its former colony for months to come.

"We have one goal. To ensure that when we leave, when we end our intervention, Mali is safe, has legitimate authorities, an electoral process and there are no more terrorists threatening its territory," Hollande told a news conference.

Paris has said it plans to deploy 2,500 soldiers to bolster the Malian army and work with the intervention force provided by West African states.

West African defense chiefs met in Bamako on Tuesday to approve plans for speeding up the deployment of 3,300 regional troops, foreseen in a United Nations-backed intervention plan.

Nigeria pledged to deploy soldiers within 24 hours, and Belgium said it was sending transport planes and helicopters to help, but West Africa's armies need time to become operational.

Mali's north, a vast and inhospitable area of desert and rugged mountains the size of Texas, was seized last year by an Islamist alliance combining al Qaeda's north African wing AQIM with splinter group MUJWA and the home-grown Ansar Dine rebels.

Any delay in following up on the French air bombardments of Islamist bases and fuel depots with a ground offensive could allow the insurgents to slip away into the desert and mountains, regroup and counter-attack.

The rebels, who French officials say are mobile and well armed, have shown they can hit back, dislodging government forces from Diabaly on Monday.

Residents said the town was still under Islamist control on Tuesday despite a number of air strikes that shook houses.

An eye witness near Segou, to the south, told Reuters he had seen 20 French Special Forces soldiers driving toward Diabaly.

In Konna, whose seizure on Thursday sparked French involvement, residents said Islamist fighters were camped just outside town. Army troops had also withdrawn after entering the town on Saturday.

Malians have largely welcomed the French intervention, having seen their army suffer a series of defeats by the rebels.

"With the arrival of the French, we have started to see the situation on the front evolve in our favor," said Aba Sanare, a resident of Bamako.

QUESTIONS OVER READINESS

Aboudou Toure Cheaka, a senior regional official in Bamako, said the West African troops would be on the ground in a week.

The original timetable for the 3,300-strong U.N.-sanctioned African force - to be backed by western logistics, money and intelligence services - did not initially foresee full deployment before September due to logistical constraints.

Senegal, Burkina Faso, Niger, Nigeria and Guinea have all offered troops. Col. Mohammed Yerima, spokesman for Nigeria's defense ministry, said the first 190 soldiers would be dispatched within 24 hours.

But Nigeria, which is due to lead the mission, has already cautioned that even if some troops arrive in Mali soon, their training and equipping will take more time.

Sub-Saharan Africa's top oil producer, which already has peacekeepers in Sudan's Darfur and is fighting a bloody and difficult insurgency at home against Islamist sect Boko Haram, could struggle to deliver on its troop commitment of 900 men.

One senior government adviser in Nigeria said the Mali deployment was stretching the country's military.

"The whole thing's a mess. We don't have any troops with experience of those extreme conditions, even of how to keep all that sand from ruining your equipment. And we're facing battle-hardened guys who live in those dunes," said the adviser, who asked not to be named.

FRENCH LINING UP SUPPORT

France, which has repeatedly said it has abandoned its role as policeman of its former African colonies, said on Monday that the U.S., Canada, Denmark and Germany had also offered logistical support.

Fabius has said Gulf Arab states would help the Mali campaign, while Belgium said on Tuesday it would send two C130 transport planes and two medical helicopters following a request from Paris.

A meeting of donors for the operation was expected to be held in Addis Ababa at the end of January.

Security experts have warned that the multinational intervention in Mali, couched in terms of a campaign by governments against "terrorism", could provoke a jihadist backlash against France and the West, and African allies.

U.S. officials have warned of links between AQIM, Boko Haram in Nigeria and al Shabaab Islamic militants fighting in Somalia.

Al Shabaab, which foiled a French effort at the weekend to rescue a French secret agent it was holding hostage, urged Muslims around the world to rise up against what it called "Christian" attacks against Islam.

"Our brothers in Mali, show patience and tolerance and you will win. War planes never liberate a land," Sheikh Ali Mohamud Rage, al Shabaab's spokesman, said on a rebel-run website.

U.S. officials said Washington was sharing information with French forces in Mali and considering providing logistics, surveillance and airlift capability.

"We have made a commitment that al Qaeda is not going to find any place to hide," U.S. Defense Secretary Leon Panetta told reporters as he began a visit to Europe. Panetta later said the U.S. had no plans to send troops to Mali.

One U.S. military source said the haphazard nature of French involvement reminded him of the U.S. entry into Afghanistan.

"I don't know what the French endgame is for this," the source said. "Air strikes are fine, but pretty soon you run out of easy targets. Then what do you do? What do you do when they head up into the mountains?"

(Additional reporting by Elizabeth Pineau and Raissa Kasolowsky in Abu Dhabi; Felix Onuah in Abuja and Tim Cocks in Lagos; Abdi Sheikh in Mogadishu; Michelle Nichols Louis Charbonneau at the United Nations; Richard Valdmanis in Dakar; Joe Bavier in Abidjan; Jan Vermeylen in Brussels; Writing by Pascal Fletcher, Daniel Flynn and David Lewis; editing by Richard Valdmanis, Giles Elgood and Will Waterman)

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Apple drags on S&P, Nasdaq; Dell jumps after report

NEW YORK (Reuters) - The S&P 500 and Nasdaq ended lower on Monday as worries over demand for Apple products drove down its shares and as investors braced for earnings disappointments.

But Dell Inc's stock jumped 13 percent to about a five-month high at $12.29, offsetting some of the tech-sector weakness, after Bloomberg reported the No. 3 personal computer maker is in talks with private equity firms to go private.

Tech heavyweight Apple lost 3.6 percent to $501.75 and was the biggest weight on both the S&P 500 and Nasdaq 100 <.ndx> indexes after reports that the company has cut orders for LCD screens and other parts for the iPhone 5 this quarter due to weak demand. The stock earlier hit a session low of $498.51, the first dip below $500 since February 16.

"With Apple, it seems as if the sentiment has shifted from this being the one stock that everybody wanted to own to people beginning to look at it as a company (whose) business is slowing down somewhat," said Eric Kuby, chief investment officer of North Star Investment Management Corp in Chicago.

Adding to investor unease, fourth-quarter earnings kick into high gear this week. Analyst estimates for the quarter have fallen sharply since October, with S&P 500 earnings growth now seen up just 1.9 percent from a year ago, Thomson Reuters data showed.

The Dow Jones industrial average <.dji> was up 18.89 points, or 0.14 percent, at 13,507.32. The Standard & Poor's 500 Index <.spx> was down 1.37 points, or 0.09 percent, at 1,470.68. The Nasdaq Composite Index <.ixic> was down 8.13 points, or 0.26 percent, at 3,117.50.

Apple suppliers also lost ground, with Cirrus Logic off 9.4 percent at $28.62 and Qualcomm down 1 percent at $64.24.

The Dow fared better than the other two indexes, helped in part by Hewlett-Packard shares, which rose 4.9 percent to $16.95. The stock, which was up early in the session after JPMorgan upgraded its rating on the stock and raised its price target to $21 from $15, added to gains after the Dell report.

Appliance and electronics retailer Hhgregg Inc slumped 5.7 percent to $7.44 after the company cut its same-store sales forecast for the full year.

Earnings reports are due this week from Goldman Sachs , Bank of America , Intel and General Electric , among other companies. Third-quarter reports ended with a gain of just 0.1 percent, the worst for an S&P 500 profit period in three years, according to Thomson Reuters data.

President Barack Obama warned Congress at a news conference on Monday that a refusal to raise the U.S. debt ceiling next month could mean a government shutdown and trigger economic chaos.

Volume was roughly 5.6 billion shares traded on the New York Stock Exchange, the Nasdaq and the NYSE MKT, compared with the 2012 average daily closing volume of about 6.45 billion.

Decliners were about even with advancers on the NYSE while decliners outpaced advancers on the Nasdaq by about 12 to 11.

(Additional reporting by Chuck Mikolajczak; Editing by Kenneth Barry and Nick Zieminski)

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NH case against 2 big oil companies gets under way

CONCORD, N.H. (AP) — Lawyers for two big oil companies accuse New Hampshire lawyers of spinning a court room fiction in their quest to hold the companies liable for damages over the use of the gasoline additive MTBE

Attorney James Quinn, representing ExxonMobil, says MBTE was the most effective way to reduce air pollution in what was not a made-up health crisis, but a real crisis.

In his opening statement Monday, Quinn argued that experts estimate that 2 million lives were saved by reducing lead and other pollutants in auto emissions.

The state’s lawyers say ExxonMobil and Citgo should pay $ 700 million in damages to monitor and clean up groundwater contamination caused by MTBE, which is now banned in New Hampshire.

The jury trial started Monday and is expected to last four months.

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AP source: Armstrong 'sorry' to Livestrong staff

AUSTIN, Texas (AP) — Lance Armstrong stopped at his Livestrong Foundation before heading to an interview with Oprah Winfrey on Monday and delivered an emotional apology to staff members, some of whom broke down in tears, a person with direct knowledge of the meeting told The Associated Press.

The person spoke on condition of anonymity because the discussion was private.

Stripped last year of his seven Tour de France titles because of doping charges, Armstrong addressed the staff and said, "I'm sorry." The person said the disgraced cyclist choked up and several employees cried during the session.

The person also said Armstrong apologized for letting the staff down and putting Livestrong at risk but he did not make a direct confession to the group about using banned drugs. He said he would try to restore the foundation's reputation, and urged the group to continue fighting for the charity's mission of helping cancer patients and their families.

After the meeting, Armstrong, his legal team and close advisers gathered at a downtown Austin hotel for the interview. The cyclist was to make a limited confession to Winfrey about his role as the head of a long-running scheme to dominate the Tour with the aid of performance-enhancing drugs, a person with knowledge of the situation has told the AP.

Shortly before the interview began around 1 p.m. local time, nearly a dozen of Armstrong's closest friends and advisers gathered in the hotel lobby and were escorted to the room where the taping was taking place.

The group included Armstrong attorneys Tim Herman and Sean Breen, along with Bill Stapleton, Armstrong's longtime agent, manager and business partner. All declined comment.

Winfrey and her crew had earlier said they would film the session, to be broadcast Thursday, at Armstrong's home. As a result, local and international news crews were encamped near the cyclist's Spanish-style villa before dawn.

Armstrong still managed to slip away for a run despite the crowds outside his home. He returned by cutting through a neighbor's yard and hopping a fence.

During a jog on Sunday, Armstrong talked to the AP for a few minutes saying, "I'm calm, I'm at ease and ready to speak candidly." He declined to go into specifics.

Armstrong lost all seven Tour titles following a voluminous U.S. Anti-Doping Agency report that portrayed him as a ruthless competitor, willing to go to any lengths to win the prestigious race. USADA chief executive Travis Tygart labeled the doping regimen allegedly carried out by the U.S. Postal Service team that Armstrong once led, "The most sophisticated, professionalized and successful doping program that sport has ever seen."

Yet Armstrong looked like just another runner getting in his roadwork when he talked to the AP, wearing a red jersey and black shorts, sunglasses and a white baseball cap pulled down to his eyes. Leaning into a reporter's car on the shoulder of a busy Austin road, he seemed unfazed by the attention and the news crews that made stops at his home. He cracked a few jokes about all the reporters vying for his attention, then added, "but now I want to finish my run," and took off down the road.

The interview with Winfrey will be Armstrong's first public response to the USADA report. Armstrong is not expected to provide a detailed account about his involvement, nor address in depth many of the specific allegations in the more than 1,000-page USADA report.

In a text to the AP on Saturday, Armstrong said: "I told her (Winfrey) to go wherever she wants and I'll answer the questions directly, honestly and candidly. That's all I can say."

After a federal investigation of the cyclist was dropped without charges being brought last year, USADA stepped in with an investigation of its own. The agency deposed 11 former teammates and accused Armstrong of masterminding a complex and brazen drug program that included steroids, blood boosters and a range of other performance-enhancers.

Once all the information was out and his reputation shattered, Armstrong defiantly tweeted a picture of himself on a couch at home with all seven of the yellow leader's jerseys on display in frames behind him. But the preponderance of evidence in the USADA report and pending legal challenges on several fronts apparently forced him to change tactics after more a decade of denials.

He still faces legal problems.

Former teammate Floyd Landis, who was stripped of the 2006 Tour de France title for doping, has filed a federal whistle-blower lawsuit that accused Armstrong of defrauding the U.S. Postal Service. The Justice Department has yet to decide whether it will join the suit as a plaintiff.

The London-based Sunday Times also is suing Armstrong to recover about $500,000 it paid him to settle a libel lawsuit. On Sunday, the newspaper took out a full-page ad in the Chicago Tribune, offering Winfrey suggestions for what questions to ask Armstrong. Dallas-based SCA Promotions, which tried to deny Armstrong a promised bonus for a Tour de France win, has threatened to bring yet another lawsuit seeking to recover more than $7.5 million an arbitration panel awarded the cyclist in that dispute.

The lawsuit most likely to be influenced by a confession might be the Sunday Times case. Potential perjury charges stemming from Armstrong's sworn testimony in the 2005 arbitration fight would not apply because of the statute of limitations. Armstrong was not deposed during the federal investigation that was closed last year.

Many of his sponsors dropped Armstrong after the damning USADA report — at the cost of tens of millions of dollars — and soon after, he left the board of Livestrong, which he founded in 1997. Armstrong is still said to be worth about $100 million.

Livestrong might be one reason Armstrong has decided to come forward with an apology and limited confession. The charity supports cancer patients and still faces an image problem because of its association with Armstrong. He also may be hoping a confession would allow him to return to competition in the elite triathlon or running events he participated in after his cycling career.

World Anti-Doping Code rules state his lifetime ban cannot be reduced to less than eight years. WADA and U.S. Anti-Doping officials could agree to reduce the ban further depending on what information Armstrong provides and his level of cooperation.

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AP Sports Columnist Jim Litke contributed to this report.

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Are gun curbs just symbolism?

STORY HIGHLIGHTS

• Gun violence recommendations are expected from Vice President Biden on Tuesday


• The proposals are expected to contain substantive and symbolic ideas to curb gun violence


• Presidents use symbolism to shift public opinion or affect larger political or social change

Washington (CNN) -- The pictures told the story: Vice President Joe Biden looked solemn, patrician and in control as he sat at a long table in the White House, flanked by people on both sides of the gun control issue.

The images conveyed a sense that the White House was in command on this issue.

And that's the point. Historically, presidential administrations have used symbolic imagery—at times coupled with marginal actions—to shift public opinion or affect larger political or social change.

"Politics is a risk taking project," said Julian Zelizer, a Princeton University historian and CNN contributor. "They put together these commissions in response to some crisis. You try a hundred things and hope something works."

On the eve of the Biden-led gun control task force recommendations to President Barack Obama, political experts say it is important that his administration sends a clear signal that it has things in hand.

That is especially critical in what will likely be an uphill battle to push specific changes, like an assault weapons ban, as part of a broader effort on gun control.

The first move in the image battle will be to appear to move quickly and decisively.

"You have to give the Obama administration credit for one thing: They've learned from history to do things quickly," Larry Sabato, director of the University of Virginia's Center for Politics, said of previous task force initiatives that fizzled.

In 2010, Obama appointed a bipartisan commission headed by former Republican Sen. Alan Simpson of Wyoming and Erskine Bowles, a former Democratic White House chief of staff, to come up with a proposal to balance the budget and cut the debt.

Like the gun task force, Simpson-Bowles reviewed current regulations, gathered input from the public and engaged in tense internal conversations. But after months of working on a proposal—a blend of steep revenue increases and spending cuts—the group struggled to agree to a solution. The president did not take up the recommendations.

Obama largely avoided the issue of gun control during his first term.

He wrote an opinion piece two months after the 2011 assassination attempt on Rep. Gabrielle Giffords of Arizona, acknowledging the importance of the Second Amendment right to bear arms. In the piece he also called for a focus on "effective steps that will actually keep those irresponsible, law-breaking few from getting their hands on a gun in the first place."

But in the aftermath of that shooting and as the election season loomed, the Justice Department backed off from a list of recommendations that included a measure designed to help keep mentally ill people from getting guns.

For now, at least, there is a sense in Washington that the Newtown, Connecticut, school shooting where 26 people -- 20 of them young children -- were slaughtered could lead to meaningful legislative reform.

Public opinion would seem to suggest that the White House efforts are well timed.

In the month since the massacre, a new poll showed the percentage of Americans who said they were dissatisfied with America's gun laws has spiked.

The Gallup survey released on Monday showed 38% of Americans were dissatisfied with current gun regulations, and wanted stricter laws. That represented 13-point jump from one year ago, when 25% expressed that view. "You want to strike while the iron is hot," Sabato said. "We Americans have short attention spans and, as horrible as the Newtown shooting was, will anyone be surprised if we moved along by spring?"

The White House has since worked overtime to show it considers gun control an urgent matter.

The vice president has spent the last week meeting with what the White House calls "stakeholders" in the gun control debate.

On Monday, Biden was to meet with members of a House Democratic task force on guns, along with Attorney General Eric Holder, Homeland Security Secretary Janet Napolitano, and Kathleen Sebelius, the secretary of Health and Human Services.

In a series of face to face discussions on Thursday, Biden sat down with the National Rifle Association and other gun owners groups before conferring with representatives from the film and television industry.

In a sign the White House is prepared to move aggressively on its proposals, Biden made public comments just before meeting with the National Rifle Association, the country's most powerful gun lobby.

"Putting the vice president in charge of (the task force) and having him meeting with these groups is intended to show seriousness and an effort to reach out and respond to concerns and wishes of various groups," said Alan Abramowitz, a political science professor at Emory University.

Still, the NRA expressed disappointment in its discussion with Biden and later released a statement that accused the administration of mounting "an agenda to attack the Second Amendment."

Organizations seeking tougher gun control laws insist an assault weapons ban is critical to addressing the nation's recent rash of mass shootings. However, such a ban could be difficult in a Congress mired in gridlock.

"The bully pulpit is limited. It's hard for the president to sustain that momentum," Zelizer said of the White House's gun control efforts after the Newtown shootings. "The thing about symbolism is, like the shock over Newtown, they fade quickly."

CNN's Jim Acosta and Kevin Liptak contributed to this report

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City prepared to pay $33 million in two cop misconduct cases

Christina Eilman, 22, at home with her parents Rick and Kathy in a suburb of Sacramento, Calif. in 2007. (Chicago Tribune Photo by Nancy Stone / January 14, 2013)

By David Heinzmann




Tribune reporter

3:15 p.m. CST, January 14, 2013

Mayor Rahm Emanuel’s office is seeking to settle two notorious cases of alleged police misconduct for more than $30 million, according to an agenda prepared for City Council consideration this week.

The city is prepared to pay $22.5 million to the family of a severely injured California woman who alleged in a six-year-old lawsuit that negligence by the Chicago Police Department led to officers abandoning her in a high-crime neighborhood where she was raped and plummeted from a seventh-floor window. Her lawsuit is scheduled for trial in federal court next week.

The proposed settlement is noted on the agenda for Tuesday’s City Council Finance Committee meeting.

The agenda also includes discussion of a proposed $10.25 million settlement in an unrelated lawsuit involving claims against infamous former Chicago police commander Jon Burge. A federal civil trial in that case was postponed in December; the lawsuit alleges that Burge and other detectives covered up evidence decades ago that would have exonerated a man who spent 26 years in prison for a murder he didn’t commit.

The city has already paid out millions of dollars in other lawsuits alleging Burge and his colleagues repeatedly tortured confessions out of innocent men.  But the case involving Christina Eilman of California could go down as one of the single most expensive police abuse cases in city history.

A settlement in the lawsuit brought by the family of Eilman would avert a trial that was to begin next week. It would air evidence that police ignored the then-21-year-old woman’s mental illness when they arrested her at Midway Airport in 2006. Instead of seeking mental health care for her, Eilman was locked up overnight in a cell several miles from the airport and then released at dusk the next day, still in the midst of a bipolar breakdown and with no idea where she was. She was soon abducted and sexually assaulted before plummeting from a window in the last standing building of the infamous Robert Taylor Homes.

Eilman survived but suffered a severe brain injury, shattered pelvis and numerous other injuries that have left her permanently disabled. In their lawsuit, the family sought as much as $100 million for her.

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