Apple’s Cook Calls Hedge Fund Manager’s Lawsuit a ‘Sideshow’







SAN FRANCISCO (Reuters) - Apple Inc Chief Executive Tim Cook said the board is carefully considering David Einhorn's proposal for the company to issue preferred stock and return more cash to investors, but he called a lawsuit brought by the star hedge fund manager against Apple a "silly sideshow."




Waving aside Einhorn's assertion that Apple is clinging to a "Depression-era" mentality, Cook said on Tuesday the board is in "very active discussions" on how to dole out more of its $137 billion hoard of cash and marketable securities.


Einhorn and his Greenlight Capital are suing Apple as part of a wider effort to get the iPhone maker to share more of its cash pile, one of the largest among technology companies. They are challenging "Proposal 2" in Apple's proxy statement, which would abolish a system for issuing preferred stock at its discretion.


The lawsuit, the first major challenge from an activist shareholder in years, calls on Apple to issue perpetual preferred shares that pay dividends to existing shareholders. Such a vehicle, the Einhorn says, would be superior to dividends or share buybacks.


Cook gave Einhorn credit for a novel idea, but the usually unflappable chief executive turned slightly impatient when discussing the lawsuit. He was also dismissive of Einhorn's media and legal blitz - which included the lawsuit as well as multiple television and media interviews.


"This is a waste of shareholder money and a distraction, and not a seminal issue for Apple. That said, I support Prop 2. I am personally going to vote for it," Cook told a packed hall at Goldman Sachs' annual technology industry conference in San Francisco.


The conflict over Prop 2 "is a silly sideshow," added Cook, who on Tuesday traded in his usual casual jeans attire for slacks and a dark suit jacket, in a nod to Wall Street. Cook said he thought it "bizarre that we would find ourselves being sued for doing something good for shareholders."


Einhorn's clash with Apple centers on a proposed change to its charter that would eliminate the company's ability to issue "blank check" preferred stock at its discretion. Apple, which said the change would not preclude future issuance of preferred shares, is recommending shareholders vote in favor at its annual meeting on February 27.


The lawsuit, filed in the U.S. district court in Manhattan, objects to the bundling of the charter change with two other corporate governance-related proposals in "Proposal 2."


The hedge fund manager, a well-known short-seller and Apple gadget fan, counters that striking the preferred-share mechanism from the charter would make it more difficult to issue such securities down the road.


Apple's share price has tumbled in recent months from a high of just over $700 last September. In late afternoon trade on Tuesday, the shares were down around 2.2 percent at $469.30.


DIMINISHING CLOUT


Investors were disappointed that Cook - who rarely makes lengthy public-speaking engagements - did not provide a "more substantial" view on returning cash.


"The only thing that would substantially move the stock would be him saying they were returning cash to shareholders or hinting at a new product," said a manager from a mid-size Dallas hedge fund that owns Apple shares.


"There was a small chance of that happening."


Apple stock is a mainstay of many fund managers' portfolios, with research firm eVestment estimating that 75 percent of U.S. large-cap growth managers had invested more than 5 percent of their portfolios in Apple as of the end of the third quarter of 2012.


But that also increases the pressure on Apple to give away a bigger portion of its cash hoard, which is rising as the share price declines and its outlook grows murkier.


Last March, Apple announced a quarterly cash dividend and a share buyback that would pay out $45 billion over three years. At the time, it was sitting on $98 billion in cash. It has so far returned $10 billion of that, but investors want more.


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Rabbi David Hartman, 81, Champion of an Adaptive Judaism





JERUSALEM — Rabbi David Hartman, an American-born Jewish philosopher who promoted a liberal brand of Orthodoxy and created a study center that expressed his commitment to pluralism by bringing together leaders from all strains of Judaism, died on Sunday at his home here. He was 81.




His son Donniel said the death came after a long illness.


Rabbi Hartman, who was a professor at Hebrew University for more than 20 years, was a leading advocate of the idea that Jews are partners with God in a covenant, and that they should therefore adapt religious observance to modern values in a multicultural world.


A charismatic teacher and prolific author, he encouraged students to question tradition and urged people of different backgrounds and ideologies to pore over Jewish texts together, a practice more common in his native United States than his adopted country.


“At the center of his thinking was a kind of counter-religious idea, where religious life is a life of affirmation, not a life of denial,” said Moshe Halbertal, a professor of philosophy at Hebrew University and Rabbi Hartman’s former son-in-law. “If human life is not denied by the force of revelation, but it’s actually a participant in revelation, then human life has to come to its full fledge, with its moral convictions, with its encounter with the world.”


The Shalom Hartman Institute, which Rabbi Hartman founded in his father’s name in 1976, has become a theological and cultural landmark, particularly for the thousands of Diaspora Jews who attend frequent conferences or spend summers studying there. With an annual budget of $18 million and a staff of 125, the institute has sponsored two Jerusalem high schools, runs a research center, opened a branch in Manhattan and trained more than 1,000 Israeli military officers. In the last year, according to the institute, more than 5,000 people across North American participated in a Hartman learning series called iEngage.


But Rabbi Hartman’s progressive, universalistic approach was embraced more in the United States than in Israel, where some challenged his status as Orthodox and shunned his open-mindedness as heresy. He received honorary doctorates from Yale and Hebrew Union College, a Reform institution with three branches in the United States and one in Jerusalem, but not the coveted Israel Prize. His never receiving it was a source of painful regret, several people close to him said.


In recent years he had been highly critical of the growing influence of the ultra-Orthodox on public life. He described as “insane” an ultra-Orthodox boycott of a military ceremony in which women sang.


“What is happening today with religion is more dangerous than what’s happening with the Arabs — the Arabs want to kill my body, the Jews are killing my soul,” Rabbi Hartman said in a 2011 interview with the Israeli daily Yediot Aharanot. “I want to return the Torah to the Labor Party, to the entire people of Israel. I don’t want religion to be the private property of certain people. I don’t want the length of the sidelocks to be the determining factor.”


David Hartman was born on Sept. 11, 1931 in the Brownsville section of Brooklyn, one of six children of Shalom and Batya Hartman, Hasidim who had moved to New York from Israel. Donniel Hartman said that the family was poor — Shalom peddled sheets and pillowcases door to door — but that the four boys became rabbis and the two girls married rabbis.


Rabbi Hartman was ordained by Rabbi Joseph B. Soloveitchik, perhaps the most important Orthodox thinker of the 20th century, and received a doctorate of philosophy from McGill University in Montreal. He was a pulpit rabbi in the Bronx and Montreal before moving to Israel in 1971 as part of a generation of Zionists inspired by the Israeli victory in the Arab-Israeli war of 1967.


Rabbi Hartman published several books in English and Hebrew, including two about Maimonides, the Torah scholar of the Middle Ages; one on the theological legacy of Rabbi Soloveitchik; and two about his own spiritual evolution. He was an adviser to Ehud Olmert, the former prime minister; Teddy Kollek, the longtime mayor of Jerusalem; and Zevulun Hammer, Israel’s education minister from 1977 to 1984.


“He was a public philosopher for the Jewish people,” said Michael J. Sandel, a professor of political philosophy at Harvard who has written about Rabbi Hartman’s work. “As Maimonides drew Aristotle into conversation with Moses and Rabbi Akiva, so Hartman renovated Jewish thought by bringing the liberal sensibilities to bear on Talmudic argument.”


Jonathan D. Sarna, a professor of American Jewish history at Brandeis University, described the Hartman Institute as “a little island of pluralism amidst a sea of what was often religious fanaticism,” but noted that “he had to establish his own institutions precisely because, unlike Soloveitchik, he was not really welcomed” by Israel’s religious establishment.


Avi Sagi, a professor at Bar Ilan University and a Hartman fellow who edited a two-volume set on the rabbi’s work, said of him, “He gave me the opportunity to think without any limitation.”


Besides his son Donniel, who replaced him as president of the Hartman Institute, Rabbi Hartman is survived by four other children, including a daughter, Tova, who helped found Shira Hadasha, a feminist Orthodox congregation in Jerusalem; 16 grandchildren and six great-grandchildren. He is also survived by his former wife, Barbara; the couple had married twice and were divorced twice.


Yedidia Z. Stern, a law professor and vice president of the Israel Democracy Institute, said Rabbi Hartman’s charisma and curiosity were apparent even a few weeks before his death, during a Sabbath meal at Donniel Hartman’s home.


“He was ignoring the adults at the table; he was talking to my kids,” Professor Stern said. “He was asking them about school: Do they like the curriculum, what do they think should be different? Even when he was very sick, you can see the life coming out.”


This article has been revised to reflect the following correction:

Correction: February 11, 2013

Because of an editing error, an earlier version of this obituary misstated the number Hebrew Union College branches in the United States.  Hebrew Union College has three branches in the United States and one in Jerusalem, not four in the United States.




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Letters: Treating Addiction (2 Letters)



“Effective Addiction Treatment” (Personal Health, Feb. 5) provides suggestions on how individuals can improve their treatment, but they are aimed at people with the resources to make well-informed choices.  Currently, 44.3 percent of referrals to drug treatment come from the criminal justice system. Having worked at a public defender’s office, I know that people often have little discretion about where and what type of treatment they get.


Given the source of the bulk of referrals for rehabilitation, I hope you can focus on how to improve treatment for those individuals who have the least choice and whose failure to become sober has the greatest penalty.


Ariel Sankar-Bergmann


Brooklyn


To the Editor:


The article overlooks the fact that treatment programs do help to reduce drug use, criminal behavior, disease transmissions and health costs. In evaluating the success or failure of drug treatment programs, value should also be given to these additional benefits and not solely upon addicts staying drug-free.


Howard Josepher


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The New Old Age: The Executor's Assistant

I’m serving as executor for my father’s estate, a role few of us are prepared for until we’re playing it, so I was grateful when the mail brought “The American Bar Association Guide to Wills and Estates” — the fourth edition of a handbook the A.B.A. began publishing in 1995.

This is a legal universe, I’m learning, in which every step — even with a small, simple estate that owes no taxes and includes no real estate or trusts — turns out to be at least 30 percent more complicated than expected.

If my dad had been wealthy or owned a business, or if we faced a challenge to his will, I would have turned the whole matter over to an estate lawyer by now. But even then, it would be helpful to know what the lawyer was talking about. The A.B.A. guide would help.

Written with surprising clarity (hey, they’re lawyers), it maps out all kinds of questions and decisions to consider and explains the many ways to leave property to one’s heirs. Updated from the third edition in 2009, the guide not only talks taxes and trusts, but also offers counsel for same-sex couples and unconventional families.

If you want to permit your second husband to live in the family home until he dies, but then guarantee that the house reverts to the children of your first marriage, the guide tells you how a “life estate” works. It explains what is taxable and what isn’t, and discusses how to choose executors and trustees. It lists lots of resources and concludes with an estate-planning checklist.

In general, the A.B.A. intends its guide for the person trying to put his or her affairs in order, more than for family members trying to figure out how to proceed after someone has died. But many of us will play both these parts at some point (and if you are already an executor, or have been, please tell us how that has gone, and mention your state). We’ll need this information.

Editor’s Note: More information about “The American Bar Association Guide to Wills and Estates” can be found here.


Paula Span is the author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions.”


Paula Span is the author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions.”

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Euro’s Strength on Agenda for Finance Ministers








BRUSSELS — Concern over the euro moved to the forefront Monday as finance ministers of the countries using the currency held their monthly meeting. But this time, with the European Union’s recession continuing, the topic was the strength of the euro rather than its many weaknesses.







Yves Logghe/Associated Press

Jeroen Dijsselbloem, the president of the Eurogroup, with Christine Lagarde, managing director of the I.M.F. in Brussels on Monday.







As confidence has grown that the Union will be able to manage its sovereign debt crisis, the euro has made significant gains against the dollar and other foreign currencies. That is making Europe’s exports more expensive, a factor that could hamper growth.


On Monday, France, which traditionally favors market intervention, renewed its calls for remedial steps that could include establishing a target level for the euro’s value.


Exchange rates need “to reflect the economic fundamentals of our economies of the euro zone,” said Pierre Moscovici, the French finance minister. “Exchange rates should not become subjected to moods or speculation.”


Mr. Moscovici made the case to other members of the so-called Eurogroup of finance ministers, asking for coordinated action to keep a lid on the value of the euro currency. Before the meeting, Mr. Moscovici said he wanted the Europeans to present a common plan later this week during a meeting of finance ministers and central bankers of the Group of 20 nations to be held in Moscow.


In a news conference after Monday’s meeting, Jeroen Dijsselbloem, the president of the Eurogroup, who oversees the agenda for the monthly meetings, said the euro exhange rate had been discussed. But like some German officials, he appeared to give the matter short shrift, saying that the forum for further discussion should be the G-20 meeting in Moscow.


"That's where exchange rates, if anywhere, should be addressed," Mr. Dijsselbloem said.


Mario Draghi, the president of the European Central Bank, warned last week that the strength of the euro could weigh on the ability of Europe to pull out of its economic doldrums. Those comments were enough to send the euro down sharply against the dollar — to $1.36 from $1.34 — and the yen.


The euro was trading at $1.339 on Monday after falling to the low $1.20s last year.


The renewed French push for greater scope to control the levers of the European economy immediately met stiff resistance from a senior German official, who decried the initiative as a poor substitute for policy overhauls.


Jens Weidmann, the president of the German central bank, the Bundesbank, suggested Monday that countries like France were simply diverting attention from the need to make their economies more competitive.


“Only governments can solve these problems, the central banks cannot,” he added. “In this respect, the discussion about a supposed overvaluation of the euro’s exchange rate simply deviates from the real challenges.”


Mr. Weidmann also warned that an exchange rate policy aimed at weakening the euro would “in the end result in higher inflation.”


A number of ministers agreed Monday that intervention would be wrongheaded.


“This is mainly decided by the market,” Maria Fekter, the Austrian finance minister, said in response to a question on the strong euro as she arrived at the meeting. “I find an artificial weakening unnecessary.”


The strong euro means some European exports, like cars and wine, become more expensive abroad, putting European producers at a disadvantage against foreign competitors. But there are also positive effects. Imports, particularly oil, become less expensive for Europeans, which helps stimulate the economy.


The push for intervention by the French is unlikely to make much real headway. Instead, it may be an illustration of the way that economic policies in the euro area are a result of a back-and-forth between states like France and Germany.


“The French have always believed the single currency should be put to the service of exports,” said Mujtaba Rahman, an analyst with the Eurasia Group, a political risk research and consulting firm. “But it’s not a debate they can win, so they are most likely using this to win concessions on other baby projects, from the pace of its own fiscal consolidation, to a fiscal capacity to a short-term mutualized debt instrument.”


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Militants Battle Malian and French Troops in Liberated Town





DAKAR, Senegal — Gunfire rang out in the streets of the strategic city of Gao in northern Mali on Sunday, two weeks after French troops appeared to have chased radical Islamists out of the city, which is at the edge of the desert and is the largest population center in the north.




The gun battle between Islamist militants and a force of Malian and French troops, which continued for much of Sunday afternoon, suggested that the quick French campaign against the local Al Qaeda affiliate and its allies was not over but had entered a new phase of guerrilla warfare.


Sunday’s attack by the Islamist fighters was the most serious escalation in the fighting since the French ended over six months of brutal Islamist occupation in Gao at the end of January. That victory came after a quick French bombing campaign and with barely a shot fired.


Continuous bursts of gunfire were heard around the police station, in the city’s center and in southern districts as French helicopters hovered overhead. Malian soldiers fought back against Islamists armed with AK-47 rifles as the streets cleared of residents. French troops were also patrolling the city, which has a population of about 86,000, including its surrounding areas.


By late Sunday afternoon, the Islamist fighters had been encircled by French troops, according to Gao’s municipal councilor, Abdheramane Oumarou, who said the situation was under control.


The attack appeared to have begun with an attempted suicide bombing late Saturday night, when an Islamist militant on foot blew himself up at a Malian Army checkpoint outside of town, in the second such episode in two days. The bomber’s attack, which wounded a Malian soldier, was merely a ruse to allow an Islamist commando unit to enter the city, Mr. Oumarou said.


“The Malian soldiers panicked; that’s how the MUJAO got into town,” Mr. Oumaro said, referring to the Islamist group, the Movement for Oneness and Jihad in West Africa, which is affiliated with Al Qaeda and controlled Gao from May to January. Mr. Oumarou said that the fighters who penetrated Gao were aided by local sympathizers, and that caches of armaments had been discovered by the local authorities.


A Malian Army spokesman said that the bomber was part of a commando team of about 20 Islamist fighters who assaulted a bridge in marshland linking Gao to neighboring villages.


The spokesman, Capt. Daouda Diarra, said the bomber appeared to be of Arab ancestry. He tried to penetrate the army checkpoint, the captain said, setting off his explosives as he did so.


“It’s pretty hot in the town right now,” said the mayor, Sadou H. Diallo, who was reached by phone on Sunday afternoon. “I can’t talk now.”


Though the French appeared to be leading the fight on Sunday, primary responsibility for patrols had been handed back to the Malian Army, still shaky after the defeats of last month that led the French to intervene, and which is still plagued by the internecine squabbles that led to a gun battle at a barracks in the capital, Bamako, on Friday.


Embarrassed by the recent events, Mali’s interim president, Dioncounda TraorĂ©, apologized to the country’s foreign partners in a statement to the state news media. Mali is dependent on large-scale military assistance and other aid from overseas.


The explosion on Saturday night rocked the neighborhood. “We were very scared,” said a resident, Halimatou TourĂ©. “There are lots of mujahedeen who come from this area,” she said. The bomber’s remains were later removed in a wheelbarrow, and French armored vehicles took up positions at the checkpoint.


While Sunday’s clashes showed that the northern cities are still vulnerable to attacks from Islamists, the bulk of their force is thought to have taken refuge in the Adrar des Ifoghas, a remote mountain range near Algeria and hundreds of miles to the north of Gao. Troops from France and Chad, supported by French aircraft, are pursuing the Islamists in this redoubt as well.


Adam Nossiter reported from Dakar, and Peter Tinti from Gao, Mali.



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Reviewing Three Brands of Tax Preparation Software





TAX preparation is moving to the cloud.




The makers of the better-known tax prep programs — TurboTax, H&R Block at Home and TaxAct — say that many customers, particularly younger ones, prefer Web-based programs to old-fashioned, desktop versions. Web-based programs — techies call this cloud computing — reside on remote servers that customers access via their browsers. They offer the convenience of working on a return from any Internet-connected computer and having that return stored on the software makers’ secure servers.


After spending several days running my family’s tax information through Web and desktop offerings, I learned that I’m old-school. For a decade, I’ve completed our return on my Mac desktop, and I prefer that. Desktop programs may be costlier and, in some ways, clunkier — you must buy them on CD or download them — but they also offer more flexibility.


A single purchase, for example, lets you prepare and file multiple returns, as you might want to do if you’re part of a same-sex couple or if you help family members or friends with their taxes. And you can more easily jump back and forth between the tax return and the interviews the programs use to gather information. That lets you check entries as you make them, as my wife, a C.P.A., insists upon. What you lose in convenience, you gain in control.


Each of the tax preparation programs, whether desktop or online, has strengths and shortcomings. TurboTax is the easiest to use, importing lots of financial information with just a few clicks. H&R Block promises the most reassuring help — its staff will represent you at no extra charge if you’re audited. TaxAct offers the best price. A look at each provider’s offerings shows where it excelled and stumbled in preparing my family’s 2012 return.


TurboTax


TurboTax’s maker, Intuit, has its roots in technology, not taxes, and its facility with bits and bytes shows in its wares. Its desktop and online programs make doing taxes as simple as such a time-eating task can be. If you end up cursing come tax time, the target will be the I.R.S., not your software.


I downloaded the desktop version of TurboTax Premier for $89.99 — though I learned later that I could have paid $10 less if I’d bought it on CD at my local Staples. The download took only a few seconds, as did the import of information from our 2011 return. All of the unchanged data from 2011 — names, addresses, federal ID numbers, even descriptions of business expenses — popped into the right places on the 2012 forms. Even the names of the charities we support carried over. The software also imported my wife’s W-2 and all of the information on our investments from Vanguard, T. Rowe Price and Fidelity. All I had to do was key in details for a few local banks and update the amounts we’d given to charity.


The online version of TurboTax, by contrast, didn’t import as much. My attempt to transfer our 2011 return failed, and an import from one of the fund companies went awry. I inherited an I.R.A., and the money is invested in about a half-dozen funds. Instead of creating an entry for a single 1099-R, the program created a half-dozen, which I had to combine.


Otherwise, the online program looked and worked much the same way as the desktop software. I didn’t have to pay to try it because TurboTax, like H&R Block and TaxAct, doesn’t require online users to pay until they file their returns. Had I filed with the online version of TurboTax Premier, I would have paid $49.99 for a single federal return — the price as it was discounted at the time. But TurboTax says it could rise to as much as $74.99, its list price, before April 15.


 


TurboTax upgraded its assistance features for this year’s tax filing season — a welcome improvement. In the past, I’d found some help links hard to locate and navigate. When I wanted to pose a question to a tax expert, I had to dig around. But not anymore. When I had a question about recording tax-exempt interest, I clicked on the help link, and TurboTax offered a choice between a call and an online chat. Within seconds, I was e-chatting with Marilyn G., and she pointed me to the right spot on the return. We were done in less than five minutes, and I paid nothing extra. I’ve had a tougher time buying jeans online. (All three companies also provide extensive tax-law explanations embedded in their programs.)


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For Families Struggling with Mental Illness, Carolyn Wolf Is a Guide in the Darkness





When a life starts to unravel, where do you turn for help?




Melissa Klump began to slip in the eighth grade. She couldn’t focus in class, and in a moment of despair she swallowed 60 ibuprofen tablets. She was smart, pretty and ill: depression, attention deficit disorder, obsessive-compulsive disorder, either bipolar disorder or borderline personality disorder.


In her 20s, after a more serious suicide attempt, her parents sent her to a residential psychiatric treatment center, and from there to another. It was the treatment of last resort. When she was discharged from the second center last August after slapping another resident, her mother, Elisa Klump, was beside herself.


“I was banging my head against the wall,” the mother said. “What do I do next?” She frantically called support groups, therapy programs, suicide prevention lines, anybody, running down a list of names in a directory of mental health resources. “Finally,” she said, “somebody told me, ‘The person you need to talk to is Carolyn Wolf.’ ”


That call, she said, changed her life and her daughter’s. “Carolyn has given me hope,” she said. “I didn’t know there were people like her out there.”


Carolyn Reinach Wolf is not a psychiatrist or a mental health professional, but a lawyer who has carved out what she says is a unique niche, working with families like the Klumps.


One in 17 American adults suffers from a severe mental illness, and the systems into which they are plunged — hospitals, insurance companies, courts, social services — can be fragmented and overwhelming for families to manage. The recent shootings in Newtown, Conn., and Aurora, Colo., have brought attention to the need for intervention to prevent such extreme acts of violence, which are rare. But for the great majority of families watching their loved ones suffer, and often suffering themselves, the struggle can be boundless, with little guidance along the way.


“If you Google ‘mental health lawyer,’ ” said Ms. Wolf, a partner with Abrams & Fensterman, “I’m kinda the only game in town.”


On a recent afternoon, she described in her Midtown office the range of her practice.


“We have been known to pull people out of crack dens,” she said. “I have chased people around hotels all over the city with the N.Y.P.D. and my team to get them to a hospital. I had a case years ago where the person was on his way back from Europe, and the family was very concerned that he was symptomatic. I had security people meet him at J.F.K.”


Many lawyers work with mentally ill people or their families, but Ron Honberg, the national director of policy and legal affairs for the National Alliance on Mental Illness, said he did not know of another lawyer who did what Ms. Wolf does: providing families with a team of psychiatrists, social workers, case managers, life coaches, security guards and others, and then coordinating their services. It can be a lifeline — for people who can afford it, Mr. Honberg said. “Otherwise, families have to do this on their own,” he said. “It’s a 24-hour, 7-day-a-week job, and for some families it never ends.”


Many of Ms. Wolf’s clients declined to be interviewed for this article, but the few who spoke offered an unusual window on the arcane twists and turns of the mental health care system, even for families with money. Their stories illustrate how fraught and sometimes blind such a journey can be.


One rainy morning last month, Lance Sheena, 29, sat with his mother in the spacious family room of her Long Island home. Mr. Sheena was puffy-eyed and sporadically inattentive; the previous night, at the group home where he has been living since late last summer, another resident had been screaming incoherently and was taken away by the police. His mother, Susan Sheena, eased delicately into the family story.


“I don’t talk to a lot of people because they don’t get it,” Ms. Sheena said. “They mean well, but they don’t get it unless they’ve been through a similar experience. And anytime something comes up, like the shooting in Newtown, right away it goes to the mentally ill. And you think, maybe we shouldn’t be so public about this, because people are going to be afraid of us and Lance. It’s a big concern.”


Her son cut her off. “Are you comparing me to the guy that shot those people?”


“No, I’m saying that anytime there’s a shooting, like in Aurora, that’s when these things come out in the news.”


“Did you really just compare me to that guy?”


“No, I didn’t compare you.”


“Then what did you say?”


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For Families Struggling with Mental Illness, Carolyn Wolf Is a Guide in the Darkness





When a life starts to unravel, where do you turn for help?




Melissa Klump began to slip in the eighth grade. She couldn’t focus in class, and in a moment of despair she swallowed 60 ibuprofen tablets. She was smart, pretty and ill: depression, attention deficit disorder, obsessive-compulsive disorder, either bipolar disorder or borderline personality disorder.


In her 20s, after a more serious suicide attempt, her parents sent her to a residential psychiatric treatment center, and from there to another. It was the treatment of last resort. When she was discharged from the second center last August after slapping another resident, her mother, Elisa Klump, was beside herself.


“I was banging my head against the wall,” the mother said. “What do I do next?” She frantically called support groups, therapy programs, suicide prevention lines, anybody, running down a list of names in a directory of mental health resources. “Finally,” she said, “somebody told me, ‘The person you need to talk to is Carolyn Wolf.’ ”


That call, she said, changed her life and her daughter’s. “Carolyn has given me hope,” she said. “I didn’t know there were people like her out there.”


Carolyn Reinach Wolf is not a psychiatrist or a mental health professional, but a lawyer who has carved out what she says is a unique niche, working with families like the Klumps.


One in 17 American adults suffers from a severe mental illness, and the systems into which they are plunged — hospitals, insurance companies, courts, social services — can be fragmented and overwhelming for families to manage. The recent shootings in Newtown, Conn., and Aurora, Colo., have brought attention to the need for intervention to prevent such extreme acts of violence, which are rare. But for the great majority of families watching their loved ones suffer, and often suffering themselves, the struggle can be boundless, with little guidance along the way.


“If you Google ‘mental health lawyer,’ ” said Ms. Wolf, a partner with Abrams & Fensterman, “I’m kinda the only game in town.”


On a recent afternoon, she described in her Midtown office the range of her practice.


“We have been known to pull people out of crack dens,” she said. “I have chased people around hotels all over the city with the N.Y.P.D. and my team to get them to a hospital. I had a case years ago where the person was on his way back from Europe, and the family was very concerned that he was symptomatic. I had security people meet him at J.F.K.”


Many lawyers work with mentally ill people or their families, but Ron Honberg, the national director of policy and legal affairs for the National Alliance on Mental Illness, said he did not know of another lawyer who did what Ms. Wolf does: providing families with a team of psychiatrists, social workers, case managers, life coaches, security guards and others, and then coordinating their services. It can be a lifeline — for people who can afford it, Mr. Honberg said. “Otherwise, families have to do this on their own,” he said. “It’s a 24-hour, 7-day-a-week job, and for some families it never ends.”


Many of Ms. Wolf’s clients declined to be interviewed for this article, but the few who spoke offered an unusual window on the arcane twists and turns of the mental health care system, even for families with money. Their stories illustrate how fraught and sometimes blind such a journey can be.


One rainy morning last month, Lance Sheena, 29, sat with his mother in the spacious family room of her Long Island home. Mr. Sheena was puffy-eyed and sporadically inattentive; the previous night, at the group home where he has been living since late last summer, another resident had been screaming incoherently and was taken away by the police. His mother, Susan Sheena, eased delicately into the family story.


“I don’t talk to a lot of people because they don’t get it,” Ms. Sheena said. “They mean well, but they don’t get it unless they’ve been through a similar experience. And anytime something comes up, like the shooting in Newtown, right away it goes to the mentally ill. And you think, maybe we shouldn’t be so public about this, because people are going to be afraid of us and Lance. It’s a big concern.”


Her son cut her off. “Are you comparing me to the guy that shot those people?”


“No, I’m saying that anytime there’s a shooting, like in Aurora, that’s when these things come out in the news.”


“Did you really just compare me to that guy?”


“No, I didn’t compare you.”


“Then what did you say?”


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American and US Airways Are Expected to Announce Merger This Week





After months of negotiations, American Airlines and US Airways are expected this week to announce a merger, which would create the nation’s biggest airline and concentrate even further a once-fragmented industry.




A merger would expand American’s domestic network, particularly in the Northeast and the Southwest, and create a more formidable competitor internationally. The combined airline would jump ahead of United Airlines and Delta Air Lines, both of which have grown through mergers of their own in recent years.


The combination would probably bring to an end the wave of consolidation that has swept the industry. Since 2001 there have been five large mergers, reducing the number of airlines to three main carriers, along with a handful of low-cost carriers like Southwest Airlines and JetBlue, and regional carriers.


These mergers have led to cuts in service to many smaller cities around the country. But they have also created healthier and more profitable airlines that are able to invest in new planes and products. Faced with rising fuel costs, and losing tens of billions of dollars in the last decade, airline executives argued that the only way to survive was to consolidate capacity.


American, which has been in bankruptcy protection since November 2011, is currently the nation’s third-largest airline with domestic and international flights; US Airways is the fourth.


The boards of both carriers are expected to meet on Monday to approve the combination, which then needs to be approved by a bankruptcy judge in New York. A tie-up also requires the approval of federal regulators and antitrust authorities. But analysts expect regulators to approve the deal since there is little overlap between the two networks and no hubs in the same cities.


Even if the deal clears all these hurdles, the merged airline still faces a range of challenges. Airline mergers are often rocky — involving complex technological systems, big reservation networks as well as large labor groups with different corporate cultures that all need to be combined seamlessly. United angered passengers last year after a series of merger-related computer and reservation mistakes, and late and delayed flights.


A deal would be a major victory for Doug Parker, the chairman of US Airways, who began pursuing a merger with the bigger carrier soon after American filed for bankruptcy. His argument — that American could succeed against bigger airlines only if it combined networks with US Airways — swayed American’s creditors who have a critical say in the company’s future.


The carriers have been discussing a deal for months. In recent days, both sides have moved much closer but were still trying to figure out how much the merged carrier would be worth and how management positions would be split.


Tom Horton, American’s chairman, who was opposed to a merger for much of the last year, was offered a position as nonexecutive chairman, said a person familiar with the matter but who asked not to be identified because the talks were still under way. US Airways shareholders could end up with about 28 percent of the new airline, and American’s creditors would have 72, this person said.


A merger could be structured to take effect as American exits bankruptcy. The airlines are pushing for a deal before Feb. 15, when some nondisclosure agreements with American bondholders are set to expire.


The new airline will be called American Airlines and based in Dallas. It will have a combined 94,000 employees, 950 planes, 6,500 daily flights, nine major hubs, and total sales of nearly $39 billion. It would be the market leader on the East Coast, the Southwest and South America. But it would remain a smaller player in the Pacific and Europe, where United and Delta are stronger.


Mr. Parker deftly outmaneuvered Mr. Horton by lobbying American’s employees. He gained an important edge last April when he won the public support of American’s three main labor groups. More recently, pilots from both airlines agreed on how they would work together if the merger succeeded.


The success of these labor discussions, even before the merger was formally discussed, helped persuade American’s creditors to follow Mr. Parker’s strategy.


Mr. Horton, and American’s management team, had argued that they should complete the carrier’s reorganization and emerge from bankruptcy as an independent airline before considering any mergers.


But under pressure from Mr. Parker, the management of American Airlines was eventually forced by its creditors to talk to Mr. Parker about a merger. All that was left then was to figure out who was going to lead the merged airline and how much it would be worth.


Mr. Parker, more than anyone in the business, knows the difficulty of integrating two airlines. In 2005, he orchestrated the merger of the airline he was then running, America West, with a larger carrier, US Airways. But pilots from each of these two original airline have yet to agree to a common contract and seniority rules, and, to this day, cannot fly together.


The difficulty is likely to be compounded at American. In bankruptcy, American cut thousands of jobs, reduced benefits, froze pensions, and sought higher productivity rules from its employees.


Before the US Airways-American deal, the last major combination was the acquisition of AirTran by Southwest, completed in 2011. That followed the merger of United and Continental Airlines in 2010, which created the current leader, and before that Delta with Northwest.


American has major hubs in Dallas, Miami, Chicago, Los Angeles and New York. But it has been steadily losing ground to its rivals over the last decade while racking up losses that have totaled more than $12 billion in over 10 years.


US Airways has hubs in Phoenix, Philadelphia and Charlotte, and has a big presence at Washington’s National Airport.


Its shareholders will have to vote on the proposed merger.


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