Time’s up for holiday shopping procrastinators

Last minute shoppers like Josette Tyne are in luck this year.

With a long weekend before Christmas, retailers want to make it easier for procrastinators to finish their gift buying. Macy’s for the first time is keeping all its stores open around the clock from Friday until Sunday at midnight. Toys “R” Us and Walmart Supercenters will be open non-stop until Christmas Eve.

Even those retailers skipping the all nighter still have added extended hours often as late as 11 pm or midnight. Coupled with a flurry of last minute promotions, they hope to lure shoppers, many of whom have been largely sitting on the sidelines since Black Friday.

Tyne, 33, just starting her shopping this week at Aventura Mall, armed with a list of about two dozen people and the presents they wanted. The list would have been longer if the Fort Lauderdale resident hadn’t limited it to the kids in her family.

“I’ll probably be shopping every day from now till Sunday,” said Tyne, as she wheeled the youngest of her three boys around H&M in a stroller before heading on to Game Stop, Urban Outfitters and BCBG. “Whatever catches my eye. Luckily the kids usually like everything I get. I’m the awesome Auntie.”

A Consumer Reports Poll released earlier this week found that with just five shopping days left until Christmas, a whopping 68 percent of shoppers — a projected 132 million Americans — have yet to finish their holiday shopping.

With an early Thanksgiving leaving an extra week until Christmas and a long weekend before Tuesday’s holiday, shoppers have felt little need to rush. They also haven’t found December deals to be quite as compelling as the November sales.

Based on disappointing sales trends earlier this month, ShopperTrak said Wednesday it was cutting its holiday sales forecast. The company, which counts foot traffic and its own proprietary sales numbers from 40,000 retail outlets across the country, now expects a 2.5 percent sales increase to $257.7 billion, down from the 3.3 percent growth it initially predicted. The National Retail Federation is sticking with its prediction of a 4.1 percent sales increase.

Online sales trends are more encouraging, up 13 percent to $35 billion from Nov. 1 through Dec. 16, according to comScore, an online research firm. But that pace is below the forecast of 17 percent for the season.

“It’s coming down to the wire,” said David Bassuk, managing director and co-head of the retail practice at AlixPartners, a global consulting firm. “It’s going to require retailers to be more aggressive with their promotions than they were hoping heading into the weekend.”

While the economy is certainly in a better position than it was during the recession, many consumers still feel uneasy this year about their financial future. Some are worried about the U.S. job market and others fear the stalemate between Congress and the White House over federal “fiscal cliff’’ that could lead to tax increases and less disposable income for shoppers.

That was the case for Latonya Jones, on the hunt for bargains at Aventura Mall, coupon-loaded iPad in hand.

“I wasn’t going to buy anything this year, because I wanted to save money,” said Jones, 39, of Miami Gardens, who was shopping with her daughter Richelle, 12, this week in Macy’s. “But then I changed my mind.”

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Stand Your Ground motion denied in Janepsy Carballo case

It will be up to a jury to decide if Janepsy Carballo was justified in the killing of the man she said killed her husband.

The Stand Your Ground motion filed by her defense was denied on Friday, based largely on Carballo’s inadvertent confession to a confidential informant who was wearing a police wire to investigate an unrelated drug charge at the pain management clinic where she worked.

Miami circuit court judge Beth Bloom said the tape of that conversation and the circumstances of the shooting “belied the claims” of forced entry and self-defense.

In 2008, Carballo shot Ilan Nissim six times in the back and arm one month after her husband and toddler son were shot in front of her house. Her son survived; her husband did not. Nissim was a suspect in the murder.

The controversial 2005 Stand Your Ground law eliminated a citizen’s duty to retreat when using lethal force to meet a threat of harm. The law also allowed judges greater leeway to dismiss a charge based on a self-defense claim.

The law came under scrutiny earlier this year when police initially declined to charge a self-proclaimed neighborhood watchman in the killing of Trayvon Martin in Sanford.

Carballo will go to trial in April facing murder charges.

This article will be updated as more information becomes available.

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RIM shares dive as fee changes catch market off guard

(Reuters) – Shares of BlackBerry maker Research In Motion Ltd dropped 20 percent on Friday on fears that a new fee structure for its high-margin services segment could put pressure on the business that has set the company apart from its competitors.

The shares were still more than 80 percent above the year’s low, which was hit in September. They started to rally in November as investors began to bet that RIM’s long-awaited new BlackBerry 10 phones, to be launched in January, would turn the company around.

The services segment has long been RIM’s most profitable and accounts for about a third of total revenue. Some analysts said there was a risk that the fee changes could endanger its service ecosystem and leave the Canadian company as just another handset maker.

The fee changes, which RIM announced on Thursday after the close, overshadowed stronger-than-expected quarterly results. The company said the new pricing structure would be introduced with the BlackBerry 10 launch, expected on January 30.

RIM said some subscribers would continue to pay for enhanced services such as advanced security. But under the new structure, some other services would account for less revenue, or even none at all.

Chief Executive Thorsten Heins tried to reassure investors in a television interview with CNBC on Friday, saying RIM’s “service revenue isn’t going away”.

He added: “We’re not stopping. We’re not halting. We’re transitioning.”

Since taking over at RIM in January, Heins has focused on shrinking the company and getting it ready to introduce its new BB10 devices, which RIM says will help it claw back ground it has lost to competitors such as Apple Inc and Samsung Electronics.

But the news of the new services pricing strategy came as a shock to markets, and some analysts cut their price targets on RIM stock.

RIM will not be able to sustain profitability by relying on its hardware business alone, said National Bank Financial analyst Kris Thompson, whom Thomson Reuters StarMine has rated the top RIM analyst based on the accuracy of his estimates of the company’s earnings.

Thompson downgraded RIM’s stock to “underperform” from “sector perform” and cut his price target to $ 10 from $ 15.

Forrester Research analyst Charles Golvin said the move was likely about stabilizing market share: “At the moment, they need to stem the bleeding.”

He said the tiered pricing might line up better with RIM’s subscriber base as it expands in emerging economies.

RIM’s Nasdaq-listed shares were down 19.8 percent at $ 11.32 on Friday afternoon. The stock was down 19.6 percent to C$ 11.21 on the Toronto Stock Exchange.

COUNTDOWN TO LAUNCH

The success of the BB10 will be crucial to the future of RIM, which on Thursday posted its first-ever decline in total subscribers. Heins said on CNBC that the company expected to ship millions of the new devices.

He cautioned that this will require heavy investment, which will reduce RIM’s cash position in its fourth and first quarters from $ 2.9 billion in its fiscal third quarter. He said, however, it would not go below $ 2 billion.

Still, doubts remain about whether RIM can pull off the transformation. Needham analyst Charlie Wolf said the BB10 would have to look meaningfully superior to its competitors for RIM to stage a comeback.

Canaccord Genuity analyst Michael Walkley said it was highly unlikely that the market would support RIM’s new mobile computing ecosystem, and he remained skeptical about the company’s ability to survive on its own.

“We believe RIM will eventually need to sell the company,” said Walkley, who cut his price target on RIM shares to $ 9 from $ 10.

Baird Equity Research analysts said BB10 faced a daunting uphill battle against products from Apple, as well as those using Google Inc’s Android operating system, and, increasingly, phones with Microsoft Corp’s Windows 8 operating system.

Baird maintained its “underperform” rating on the stock, while Paradigm Capital downgraded the shares to “hold” from “buy” on uncertainty around the services revenue model.

“RIM has gone from having one major aspect of uncertainty – BlackBerry 10 adoption – to two, given an uncertain floor on services revenue,” William Blair analyst Anil Doradla said.

RIM will have to discount BB10 devices significantly to maintain demand, Bernstein analyst Pierre Ferragu said.

The BlackBerry, however, still offers the security features that helped it build its reputation with big business and government, a selling point with some key customers.

Credit Suisse maintained its “neutral” rating on the stock, but not because it expected BB10 to be a big success.

“Only the potential for an outright sale of the company or a breakup keeps us at a neutral,” Credit Suisse analysts said.

Separately on Friday, ailing Finnish mobile phone maker Nokia said it had settled its patent dispute with RIM in return for payments. Nokia did not disclose detailed terms, but said the deal included a one-time payment to be booked in the fourth quarter, as well as ongoing fees, all to be paid by RIM. [ID:nL5E8NL22K]

($ 1=$ 0.98 Canadian)

(Reporting by Chandni Doulatramani in Bangalore and Allison Martell in Toronto. Additional reporting by Sinead Carew in New York; Editing by Ted Kerr, Dale Hudson, Janet Guttsman,; Lisa Von Ahn and Peter Galloway)

Wireless News Headlines – Yahoo! News

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The Words Exclusive DVD Bonus Features Clip

Bradley Cooper has built his career on playing men stuck between a rock and a hard place -- from The Hangover to Limitless, audiences simply adore watching the actor wriggle out of sticky situations.

RELATED - Bradley Cooper Talks The Words

The Words promises to elate his fans once again as Cooper plays Rory Jansen, a struggling writer who finally achieves literary success after publishing what is called The Next Great American Novel. The only catch? He didn't write it.

When the original author surfaces, Jansen is forced to confront his choices and decide whether it's more important to keep up the lie or come clean. Throughout it all, one person is by his side: Dora (played by Zoe Saldana). 

VIDEO - Zoe Saldana's Avatar Sequel update

ETonline is pleased to present an exclusive clip off the DVD, where Cooper and Saldana talk about this epic cinematic love story. 

The Words will be released on December 24, click here to pre-order.

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DOJ seeks injunction against peanut butter plant linked to salmonella outbreak

ALBUQUERQUE, N.M. — The Department of Justice is seeking a permanent injunction against the nation's largest organic peanut butter plant, an eastern New Mexico facility that has been linked to a salmonella outbreak that has sickened 42 people in 20 states this fall.

The request filed Thursday in federal court in Albuquerque seeks to prohibit Sunland Inc. in Portales from receiving, processing, manufacturing or selling any nut products until the Food and Drug Administration is satisfied its operations are safe.

It wasn't immediately clear what prompted federal prosecutors to get involved in the case against Sunland, whose registration to operate was revoked by the FDA last month because of repeated safety violations.

That order came as the company had planned to reopen some its operations after voluntarily recalling hundreds of products and closing its processing and peanut butter plants in late September and early October.

Last week, a Sunland spokeswoman said the company was hoping to get permission from the FDA to reopen its peanut processing plant so it could begin work on the millions of pounds of Valencia peanuts piled up in barns after a bumper harvest this fall.

Plant officials didn't immediately return phone calls Friday seeking comment.

The FDA's revocation of the company's operation certification marked the first time the FDA used the authority granted under a 2011 food safety law that allows the agency to halt food operations without a court hearing.

The action was denounced as unfair and unnecessarily heavy-handed by many in the conservative farm town of Portales, where Sunland is the largest private employer. At the end of November, the plant had laid off about 30 percent of its 150 workers.

The FDA said inspectors found samples of salmonella in 28 different locations in the plant, in 13 nut butter samples and in one sample of raw peanuts. Inspectors found improper handling of the products, unclean equipment and uncovered trailers of peanuts outside the facility that were exposed to rain and birds. Inspectors also said employees lacked access to hand-washing sinks, and dirty hands had direct contact with ready-to-package peanuts.

The FDA said it inspected the plant at least four times over the past five years, each time finding violations. Michael Taylor, the FDA's deputy commissioner for foods, said the agency's inspections after the outbreak found even worse problems than what had been seen there before.

Plant officials have said they were never notified of past violations.

The salmonella outbreak was traced to Trader Joe's Valencia peanut butter produced at the plant. According to the Centers for Disease Control and Prevention, 42 people were sickened, mostly children. Sunland is the nation's largest organic peanut butter plant. It produces organic, natural and traditional products for a number of national grocery and retail chains using mostly Valencia peanuts.

Valencias are a variety of peanuts that come almost exclusively from eastern New Mexico. Because of their sweet flavor, they are favored for organic and natural peanut butter products because they require few additives.

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After its sale to South Beach neighbors, Raleigh brand to grow

The Raleigh hotel, an Art Deco gem famous for its curlicue black-framed pool, has sold to new owners with plans to turn the hotel into a national brand.

But before Raleigh siblings pop up in locales around the country, new owners David Edelstein and Sam Nazarian will pour $2-$5 million into the 1940 property at 1775 Collins Ave.

They certainly have experience in that area. Edelstein developed and owns W South Beach, about four blocks north of the Raleigh. And Nazarian, who is based in Los Angeles, opened the SLS Hotel South Beach just south of the Raleigh on the same block earlier this year.

Brilla Group is the seller. The all-in price for the hotel, a parking lot nearby and the brand was $55 million, Edelstein said.

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Miami-Dade animal shelters reduce adoption fees for the holidays

To make sure that every animal at the shelter gets a home for the holidays, Miami-Dade Animal Services, the Humane Society of Greater Miami Adopt-a-Pet and The Cat Network are offering deep discounts on adoption fees through Dec. 31. Hundreds of cats, dogs, kittens and puppies are available, as are adoption gift certificates, so that the recipient can select the perfect pet.

Adopters get a free photo with their new animals.

Miami-Dade County Animal Services, 7401 NW 74th St., in Medley, is open seven days a week through the end of the year, except for Christmas Day when it is closed. Hours are 10 a.m.-5 p.m., except for Dec. 24 and Dec. 31, when hours are 10 a.m.-2 p.m. Call 3-1-1 or visit miamidade.gov/animals for more information.

For information about hours and fees at the Humane Society, visit humansocietymiami.org or call 305-696-0800. The Soffer and Fine Shelter is located at 16101 W. Dixie Hwy., North Miami Beach.

For information about Cat Network, which holds adoption events at PetSmart stores, visit thecatnetwork.org.

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Downton Abbey Cast Talk Shirley MacLaine

On January 6, Shirley MacLaine comes to Downton Abbey when the Oscar-winner joins the cast as Lady Cora's mother, Martha Levinson. And today, the cast stopped by Anderson Live to reveal what it was like working alongside another (props to original H.B.I.C. Dame Maggie Smith) living legend!

PHOTOS - Inside Downton Abbey Season Three

"We didn't know what to expect because this is a Hollywood legend," said Jim Carter, who plays Mr. Carson. "She just rolled up her sleeves and was one of the gang instantly, absolutely instantly. She was one of the gang but with much better quality of gossip."

Cooper also asked about Highclere Castle (which stands in as Downton Abbey) and found out that the owners are still very much living there. "It is lived in by the Carnarvon family," Hugh Bonneville (who plays Lord Grantham) said, adding, "So it's a little bit of life mirroring art, so it's a bit spooky some times."

RELATED - Is Maggie Smith Leaving Downton?

Julian Fellowes, who created Downton Abbey, knows the family and Elizabeth McGovern (who plays Lady Cora) says that Julian has "deemed many of the stories from the family."

But one story you couldn't make up involved the Egyptian exhibit Highclere castle was hosting during production of season three -- one that MacLaine, who has been very vocal about her past life experiences, felt was incredibly inaccurate.

Carter recalls, "At Highclere Castle, there is a big Egypt exhibition because Grandfather Carnarvon would discover King Tutankhamun's tomb in Egypt and Shirley went to visit it and thought a lot of it wasn't particularly authentic because she had lived there. She slept with Tutankhamun and she remembered it very well."

Anderson Live airs daily and Downton Abbey premieres January 6 at 9 p.m. on PBS.

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'Scammers' steal from Sandy Hook victim Noah Pozner's family: uncle

NEWTOWN, Conn. — The family of Noah Pozner was mourning the 6-year-old, killed in the Newtown school massacre, when outrage compounded their sorrow.

Someone they didn't know was soliciting donations in Noah's memory, claiming that they'd send any cards, packages and money collected to his parents and siblings. An official-looking website had been set up, with Noah's name as the address, even including petitions on gun control.

Noah's uncle, Alexis Haller, called on law enforcement authorities to seek out "these despicable people."

"These scammers," he said, "are stealing from the families of victims of this horrible tragedy."

AP

Six-year-old Sandy Hook victim Noah Pozner.

It's a problem as familiar as it is disturbing. Tragedy strikes — be it a natural disaster, a gunman's rampage or a terrorist attack — and scam artists move in.

It happened after 9/11. It happened after Columbine. It happened after Hurricane Katrina. And after this summer's movie theater shooting in Aurora, Colo.

Sometimes fraud takes the form of bogus charities asking for donations that never get sent to victims. Natural disasters bring another dimension: Scammers try to get government relief money they're not eligible for.

"It's abominable," said Ken Berger, president and CEO of Charity Navigator, which evaluates the performance of charities. "It's just the lowest kind of thievery."

Noah Pozner's relatives found out about one bogus solicitation when a friend received an email asking for money for the family. Poorly punctuated, it gave details about Noah, his funeral and his family. It directed people to send donations to an address in the Bronx, one that the Pozners had never heard of.

It listed a New York City phone number to text with questions about how to donate. When a reporter texted that number Wednesday, a reply came advising the donation go to the United Way.

The Pozner family had the noahpozner.com website transferred to its ownership. Victoria Haller, Noah's aunt, emailed the person who had originally registered the name. The person, who went by the name Jason Martin, wrote back that he'd meant "to somehow honor Noah and help promote a safer gun culture. I had no ill intentions I assure you."

Alexis Haller said the experience "should serve as a warning signal to other victims' families. We urge people to watch out for these frauds on social media sites."

Consumer groups, state attorneys general and law enforcement authorities call for caution about unsolicited requests for donations, by phone or email. They tell people to be wary of callers who don't want to answer questions about their organization, who won't take "no" for an answer, or who convey what seems to be an unreasonable sense of urgency.

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Miami-Dade existing home sales, prices up again

Resales of Miami-Dade county homes are red hot.

Sales of existing homes rose 23 percent in Miami-Dade in November from a year earlier, even as the inventory of residential property on the market remained tight, the Miami Association of Realtors said.

The median price of an existing condominium in Miami-Dade surged 31.7 percent to $158,000 in November from a year earlier, while the median price of a single-family home jumped 15.9 percent to $195,000.

Median home prices in Miami-Dade have marched higher for 12 consecutive months, buttressing views that the recovery in Miami-Dade’s beleaguered housing market is on solid footing.

“It appears the Miami real estate market will set another record in 2012, exceeding sales levels at the height of the boom in 2005 and during the all-time record in 2011,” Martha Pomares, chairman of the Miami Association of Realtors, said in a statement. “Considering the shortage of housing inventory available, it is remarkable that sales remain this strong. This record demand coupled with extremely limited supply is driving strong and consistent price appreciation.”

Cash continued to drive residential sales in Miami-Dade in November, accounting for 63 percent of transactions.

The inventory of previously owned homes inched up 1 percent to 11,862 units in November from October, but that represented a 19 percent decline from November 2011.

Distressed sales comprised 43.4 percent of all residential transactions in Miami-Dade in November, down from 56 percent a year earlier and 47.4 percent the prior month.

Properties are selling faster in Miami-Dade, too. The median days on the market was 43 fro single-family homes and 51 for condominiums. A more typical period is 90 to 120 days, the Miami Realtors said.

For all of Florida, sales of existing single-family home also continued to improve in November, rising 24.4 percent from a year earlier and median prices rose 11.2 percent. Statewide condominium sales rose 18.3 percent year over year with the median price of a condominium soaring 23.1 percent to $112,000.

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