Legal feud over Spanish-language TV leads to federal suit in Miami

What began as a highly-touted affiliation between a new Spanish-language national television network and a popular independent local station in Miami has dissolved into a legal dispute of David and Goliath proportions.

MundoFox Broadcasting, part of the family of communications giant News Corporation, filed suit in the U.S. District Court Southern District of Florida against the parent company of America Tevé Channel 41-WJAN, America-CV Network, for breaching two agreements forged in May.

The complaint alleges that in South Florida "MundoFox’s initial launch had less exposure, viewership was lower, soliciting advertisers became more difficult and advertising revenue decreased,” because the network was swapped to inferior channel positions by cable providers.

In a statement, America-CV Network, denied the allegations in the complaint and announced that it will defend itself vigorously.

— DANIEL SHOER ROTH

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Plan to add 100 Miami police officers wins city commission support

The Miami City Commission will move forward with a plan to expand its police department by 100 officers.

The additional personnel will boost the department’s ranks to 1,244 sworn officers, and better align the ratio of police to residents in Miami with cities like Baltimore, Atlanta and Memphis.

“If we are ever going to become the great city that we claim we are going to become, we need to do at a minimum what Philadelphia does,” said Commissioner Marc Sarnoff, noting that Philadelphia employs 4.3 officers for every 1,000 citizens, compared to the 2.6 officers for every 1,000 citizens in Miami.

While the commission did not take an official vote, a majority of members and Mayor Tomás Regalado expressed support for the initiative, and City Manager Johnny Martinez said he would begin work on a detailed strategy for police hiring.

“The number one priority should be policing,” Commissioner Francis Suarez said. “It’s a critical need in the city.”

Sarnoff, who pitched the idea in his first official act as commission chairman, wants to go further, adding 300 officers over the next three years.

It won’t be easy. Miami is already 50 officers shy of the 1,144 officers covered by the budget. City officials blame the shortage on administrative hiccups between the police department and the city’s human relations department.

Making the bottleneck worse, Miami must adhere to special guidelines from the Department of Justice when recruiting new officers.

Regalado said that streamlining the process for hiring police might require a change to the city charter. If that is the case, he said, it would have to wait until the next election.

But Police Chief Manuel Orosa said the city could reasonably hire between 150 and 200 new officers in 2013 by adding a few additional police academy instructors.

“Parts of our city are becoming more vertical,” Orosa said. “You need more officers to cover the density.”

Orosa estimated that the salaries for 100 new officers would cost about $7.4 million a year. There would be additional costs for the officers’ uniforms, cars and fuel, he said.

The commission would need to formally approve the additional expenses.

After Thursday’s discussion, Regalado said he was committed to expanding the police department as quickly as possible.

Martinez, the city manager, offered a note of caution.

“We need to be very strategic,” he said. “It’s not just hiring 100 officers, it is hiring the right 100 officers.”

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Can Social Media Help You Lose Weight?

At the start of the New Year, when weight loss is often a priority, building a support team to help keep us on track can be extremely helpful. This might typically consist of family members, friends, co-workers, or perhaps even a nutritionist or registered dietitian. But today, support can also be found online. Plenty of Web sites focus on losing weight, and include communities that provide support and encouragement. Since many of us spend a lot of time on social media sites–maybe too much if you ask my husband!–why not use these platforms as another tool for support? In fact, one study suggests employees participating in a workplace wellness program who also joined the company’s Facebook page, run by a registered dietitian, stayed with the program longer than those who didn’t.

[See Already Struggling With Your New Year's Resolution?]

Could it actually make sense that gluing ourselves to our mobile device or computer could help us shed pounds? It sounds like quite the oxymoron, since increased screen time doesn’t usually equate to weight loss. But here’s how to make social media sites work for you:

Facebook

Facebook is a place where you can share what’s going on in your life with friends, but you may not feel comfortable announcing what you weigh or that you’re trying to lose weight. On the other hand, you may enjoy posting fitness milestones, such as training for and completing your first marathon, or a bike ride for your favorite charity. Sharing your fitness goals with the Facebook universe may be helpful, because the more people who know about it, the more likely you are to stay committed.

[See Small Steps, Big Change: How to Lose 50 Pounds Without Really Trying]

Rather than simply connecting with friends on the site, you can also connect with health and fitness professionals, such as registered dietitians, or pages for diet books, like mine, The Small Change Diet. You can also “like” the pages of health and fitness magazines and your favorite brands. The folks who run these pages may post articles that provide you with helpful weight-loss tips, and many organize regular Facebook chats, allowing you to ask an expert your questions. The more that healthy information is “in your face,” the more likely you are to stick to it.

Most importantly, you may discover a weight-loss community on Facebook, where like-minded individuals share their weight losses (or gains) and offer support. Daily accountability could be just what you need, and knowing others are rooting for you can make a world of difference. If you can’t find a Facebook community you like, start your own.

Twitter

So many of my patients don’t have Twitter accounts, because they think they have nothing clever or witty to say. My advice to them is always the same: You don’t have to “say” anything; you can just follow, at least at the beginning. Registered dietitians (I’m @kerigans) have great tips and, if they’re like me, are more than happy to answer questions via Twitter. I’ve had followers tweet a picture of their dinner and ask what my dietitian colleagues and I thought of it–priceless information for free.

[See Best Plant-Based Diets]

Just as you do on Facebook, follow fitness professionals, health magazines, and other sources that provide weight-loss motivation. Once you feel comfortable, you may decide to join in the conversation, since that’s what social media is all about. Perfect example of how it can benefit you: One morning, I tweeted that I felt more like staying in my pajamas than going to yoga. Some of my followers chimed in that they were feeling the same way, BUT stressed that we should all still exercise. And so we all did. And trust me, none of us regretted going–rather, we were thankful for each other.

[See Are Mobile Health Apps Helpful?]

Seek out people on Twitter and Facebook who you find inspirational, and hopefully a little of what they do will rub off on you. Since nothing is etched in stone, you can unfollow, unlike, or unfriend them if they aren’t helping you. And please keep in mind that while social media can be another tool in your pursuit of weight loss, it’s not the end all. Healthy eating, fitness, and plenty of sleep actually need to happen away from a screen.

Hungry for more? Write to [email protected] with your questions, concerns, and feedback

Keri Gans, MS, RD, CDN, is a registered dietitian, media personality, spokesperson, and author of The Small Change Diet. Gans’s expert nutrition advice has been featured in Glamour, Fitness, Health, Self and Shape, and on national television and radio, including The Dr. Oz Show, Good Morning America, ABC News, Primetime, and Sirius/XM Dr. Radio.

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Seth MacFarlane Oscar Nomination Ceremony Hitler Joke

Seth MacFarlane was his usual irreverent self this morning while announcing this year's Oscar nominees and ET's Rob Marciano caught up with the Academy Awards host to get an explanation of his much-buzzed-about Hitler joke and to find out what viewers can expect during this year's show!

The Family Guy creator explained that he's "thrilled," but also somewhat "befuddled" to have been chosen by the Academy of Motion Picture Arts and Sciences to host the prestigious show. "Maybe they're going to wake up and realize they got the wrong guy," he joked. "But I'm kind of surfin' the wave of it all and I'm going to try not to screw it up."

MacFarlane also explained this joke he made during the ceremony, "I read Amour was co-produced in Austria and Germany. The last time Austria and Germany got together and co-produced something it was Hitler, but this is much better -- highly recommended."

Speaking to Rob about his controversial quip, MacFarlane responds to whether producers had approved the joke beforehand. "You know, I don't know that it was, I think we kind of slipped that in at the last minute," he said. "We kind of forgot we were on TV, and one thing led to another, and now it's too late!" 

When asked whether this means he'll also forget he's on TV while actually hosting the 85th Academy Awards on February 24, MacFarlane said that's a real possibility. "I hope so, yeah, I think that will be fantastic."

Watch the video to also hear MacFarlane dish on his opening number and to get some insight from Academy Awards Executive Producers Craig
Zadan and Neil Meron on how they plan to make this year's show different from those in
the past. 

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Supervalu sells five grocery chains for $100m

Supervalu Inc. is selling off five of its grocery chains, including Albertson's and Jewel-Osco, after years of being squeezed by intensifying competition.

The nation's No. 3 traditional supermarket operator said Thursday that the sale of 877 stores to an investor group led by Cerberus Capital Management will also include Acme, Shaw's and Star Market. The group already owns about 200 Albertson's in the South and Southwest.

Following the sale, Supervalu will focus on its Save-A-Lot discount stores, as well as its smaller regional chains Cub, Farm Fresh, Shoppers, Shop 'n Save and Hornbacher's. It will also keep its wholesale business that distributes groceries to stores.

The investor group will pay $100 million in cash for the stores, and the new company will assume $3.2 billion in existing debt. Cerberus will also offer to buy up to 30 percent of the remaining Supervalu for $4 per share after the deal closes.

Supervalu has struggled for years to turn around its business. The broader supermarket industry has been facing growing competition from big-box retailers such as Target, drugstore chains and dollar stores. While bigger chains such as Kroger Co. have adapted by tweaking store formats and improving discount programs and product offerings, Supervalu has scrambled to keep pace.

This summer, Supervalu fired its CEO and tapped Chairman Wayne Sales to lead a turnaround. The company said at the time that it was reviewing its options, such as putting itself up for sale. In the meantime, it has closed stores and cut jobs as part of an effort to reduce costs. Those efforts to fix its business will continue after the sale of its grocery chains is complete, the company said. Sam Duncan, who most recently was CEO of OfficeMax, will replace Sales as head of Supervalu after the deal closes.

On Thursday, Supervalu also reported a profit of $16 million, or 8 cents per share, for the third quarter. The results were boosted by a gain related to a settlement with credit card companies. A year ago, the company lost $750 million, or $3.54 per share.

However, total revenue for the period declined 5 percent to $7.9 billion. Sales at locations open at least a year fell 4.5 percent, and 4.1 percent at Save-A-Lot. Its profit margins also fell, in part because the company said it boosted promotions and cut prices for shoppers.

Bob Miller, who heads the Albertson's already owned by the Cerberus-led investment group, said the performance at the newly acquired Albertson's could be improved.

"In 2006, we acquired a set of stores that lacked investment and were in tough shape," he said, noting that those stores have grown into a "solid regional supermarket chain with growing sales."

A representative for the buyers noted that the transaction is still subject to approvals and declined to say whether any job cuts were planned for the newly acquired Albertson's, or whether the other chains would keep their names.

Supervalu's shares rose 15 percent to $3.51 in morning trading.

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Unemployment claims on the rise in Miami-Dade

Miami-Dade County ended 2012 with more people joining the unemployment rolls than it did last year.

The late-year increase in first-time unemployment claims broke a trend of declining applications throughout most of 2012. First-time claims spiked about 15 percent in November and December, with about 17,500 new applications in all over those 60 days. That’s compared to 15,000 during the same time in 2011. For the entire year, claims were still down about 10 percent.

In Broward, overall claims were down 15 percent. In November and December, Broward residents applies for 10,200 first-time unemployment benefits, compared to about 10,500 in 2011 — a 3 percent drop.

DOUGLAS HANKS

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Jack Lord’s future at UM unclear

Jack Lord “stepped down” last week as the No. 2 executive at the University of Miami Miller School of Medicine, but is he really leaving UM? That’s unclear a week after the announcement.

On the evening of Jan. 2, Dean Pascal Goldschmidt wrote a letter to faculty that Lord would no longer be chief operating officer, but gave no indication what Lord’s future would be.

The next morning, at 4:59 a.m., Richard Cole, chair of the pathology department, wrote an email to departmental colleagues that Lord, a pathologist by training, would join the department. “We are very proud to have Jack as a member of our faculty and are fortunate that Jack will remain a vital member of our department to help move our efforts forward. His expertise in health care delivery and management will continue to benefit the department and school.”

The following day, Jan. 4, The Herald asked Lord and UM public affairs department whether he was going to pathology. Spokeswoman Christine Morris emailed: “Responding on behalf of the institution and Dr. Lord, we have nothing else to say.”

On Wednesday, spokeswoman Lisa Worley said the email about Lord moving to pathology was “inaccurate. We are working on a transition with Dr. Lord, and it will be resolved in the near future.”

Meanwhile, a petition continues to circulate among faculty that decries “the failed leadership of Pascal Goldschmidt and Jack Lord. ... We want to make clear that the faculty has lost confidence in the ability of these men to lead the school.”

Many faculty are angry about the medical school laying off 900 full- and part-time employees -- cuts that were devised shortly after Lord took over as COO in the spring of 2012.

His salary is not public record, but his predecessor in the job, William Donelan, had a base salary in 2011 of $735,250, plus bonuses and other compensation for a total of $1.05 million, according to UM’s Form 990 filings with the Internal Revenue Service.

Before taking a job at UM, Lord and his wife pledged to give $5 million to the university.

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Nintendo president describes Wii U sales as ‘not bad’

Nintendo’s (NTDOY) new Wii U gaming console came out of the gate strong and saw first-week sales reach 400,000 units in the U.S., however sales have since stalled and the system has been labeled a flop by some. While consumer interest in the company’s new console has slowed right out of the gate, Nintendo’s president recently said that he isn’t worried even though sales aren’t where he hoped they would be.

[More from BGR: Smooth sailing is over for Apple]

“At the end of the Christmas season, it wasn’t as though stores in the U.S. had no Wii U left in stock, as it was when Wii was first sold in that popular boom,” Nintendo President Satoru Iwata said in an interview with Reuters. “But sales are not bad, and I feel it’s selling steadily.”

[More from BGR: New ‘higher-end’ iPhone reportedly launching by June, low-end model could be coming as well]

The executive declined to give specific details on sales or forecasts, although he did say that Nintendo plans to focus on developing attractive software for its 3DS handheld to appeal to new users, and will seek new ways to increase Wii U sales in a changing market.

Nintendo previously announced that it hopes to sell 5.5 million Wii U devices by the end of March and more than 24 million Wii U games in the same timeframe.

This article was originally published by BGR

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Exclusive Clip: Common Shows the 'LUV'

A young boy's opportunity to learn how to become a man from his uncle takes a dramatic turn in the coming-of-age movie LUV starring Common and newcomer Michael Rainey Jr. Watch an exclusive clip!

Video: Common, Maroon 5 and More Sparkle at National Tree Lighting Ceremony

In theaters January 18, LUV follows 11-year-old Woody (Rainey Jr.), a timid Baltimore orphan who jumps at the opportunity to join his uncle Vincent (Common) on a field trip of life lessons. A street hustler and former drug dealer just released from an 8-year-stint in prison, Vincent is looking to start fresh with his own crab shack restaurant. But when Vincent's denied a bank loan and is tempted to return to his old life and work for a crime boss (Dennis Haysbert), Woody is forced to grow up faster than he expected and choose who his true heroes really are.

Video: 'Django' Ugliness Required for Hero's Journey

Directed by Sheldon Canis, the Sundance indie favorite also stars Danny Glover, Charles S, Dutton, Meagan Good and Lonette McKee.

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Cuomo proposes gun, ammo magazine limits

ALBANY — New York Gov. Andrew Cuomo called for closing loopholes on a state ban on assault weapons and ammunition magazines that carry more than 10 bullets as part of a wide-ranging gun control package he proposed in his State of the State speech Wednesday.

"Guns have both a noble and a tragic tradition in America and in New York state," Cuomo stated in remarks provided before his speech. "They are a sign of our nation's fiercely defended independence and self-reliance ... (but) in the wrong hands, guns are also weapons of untold destruction and heartbreak.

Shannon DeCelle

Gov. Cuomo

"The tragic events of just the last few weeks in Newtown, Conn., and West Webster, N.Y., have indelibly taught us guns can cut down small children, firefighters and policemen in a moment."

The state already has among the most restrictive gun control laws in the nation, but a deal is expected soon that could make New York one of the first states to pass gun control laws following the Dec. 14 shooting, in which 20 first-graders and six educators were gunned down with a powerful weapon at Sandy Hook Elementary School in Connecticut. The shooter also killed his mother and himself.

New York's effort was hastened further by the Christmas Eve killings of two firefighters in western New York by a man who set his neighborhood on fire, lay in wait with a high-powered rifle for responders, shot them and killed himself. Webster residents related to the firefighters were honored guests at the State of State address.

"Some weapons are so dangerous and some ammunition devices so lethal that we simply cannot afford to continue selling them in our state," Cuomo said.

Cuomo would also require follow-ups for owners of handgun licenses to make sure they are still qualified to possess a gun based on criminal and other records. He would increase sentences for gun crimes including for using guns on school property and for gang activities.

Legislators were working Wednesday behind closed doors to reach agreement on the governor's demand for tighter controls on assault weapons and high-capacity ammunition magazines.

Democratic Assembly Speaker Sheldon Silver and Republican Sen. Martin Golden agreed the closed-door talks has brought all sides to within 95 percent of a deal, which could be announced and acted on this week.

"New York leads the nation, it's time New York lead the nation in this," Silver said. His priorities are bans on assault rifles and high-capacity magazines of ammunition.

Golden, a leader in the Senate on crime-fighting measures, said in an interview that the final deal is expected to have some stiffer sentences for gun crimes, although not as severe as he hoped. Also, he said, the deal will crack down on the trafficking of illegal guns. The Brooklyn Republican, a former New York City police officer, said illegal guns are the weapons of choice in New York City crime.

The priority for Cuomo and Silver is to close what they say are loopholes that let some weapon designs escape a ban on assault weapons. They also want to outlaw the high-capacity magazines.

"I think we will come up with a reasonable definition and a reasonable closing of loopholes," Silver said.

Senate Republican leader Dean Skelos is insisting on changes to a state law that authorizes longer court-ordered mental health treatment for individuals who won't seek help but are deemed a safety threat.

Legislators are prepared to be called into session by Cuomo as early as Thursday if a deal is struck, though a Cuomo spokesman said he knows of no plan to call legislators into session that day. The Legislature isn't scheduled for regular session until Monday.

In other priorities, Cuomo proposes raising the minimum wage from $7.25 an hour to $8.75 an hour, an idea he also pitched a year ago; allowing three casinos for upstate New York and none in New York City; and making possession of up to 15 ounces of marijuana seen in "open view" punishable as a violation.

In addition, the governor would eliminate the Long Island Power Authority as part of measures to better protect New York City and Long Island and would "harden" the energy network that failed for millions of New Yorkers for as many as 21 days with the Oct. 29 superstorm. The governor said the Long Island Power Authority failed during the storm.

Other proposals include a statewide volunteer network of skilled New Yorkers, such as electricians and carpenters to respond to superstorms and other disasters, Cuomo said at a conference center in Albany.

The governor and legislative leaders are also in negotiations on initiatives, including changes to schools to improve student performance that could mean longer days and academic years; and restrictions on the New York City Police Department's stop-and-frisk procedures that critics say impinge on civil rights. Another Cuomo priority is legalizing casinos off Indian land.

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