April 19, 2024

Lance Armstrong’s Confession Could Mean More Legal Trouble

Landis said Armstrong and several team officials from Armstrong’s United States Postal Service cycling team defrauded the government by allowing doping on the squad when the team’s contract with the Postal Service explicitly forbade it.

Armstrong and his lawyers have been negotiating with the government to settle the case, with Armstrong offering a payment of $5 million, while the government is asking for much more than that, said one person with knowledge of the discussions. That person did not want to be identified because the case is under seal.

Tim Herman, one of Armstrong’s lawyers, did not immediately respond to a request for comment late Thursday.

The government asked a judge for an extension Thursday to decide whether to join the case as a plaintiff and was granted it, the person said.

The case could have added significance because of the possible consequences for Thomas Weisel, a major figure in finance and Silicon Valley who sold the firm he ran, Montgomery Securities, for $1.2 billion in 1997.

Weisel was Armstrong’s biggest financial backer as a co-owner of the United States Postal Service Pro Cycling Team through a cycling management firm that he helped found called Tailwind Sports.

If the government decides to join the lawsuit and recovers any money, Landis will be eligible to receive a portion of it.

Before his confession to Oprah Winfrey, which was shown Thursday night, Armstrong had said Landis made up the story of doping on the team.

Armstrong claimed Landis had done so out of spite because he had not been hired by Armstrong after Landis returned from a two-year doping suspension.

Article source: http://www.nytimes.com/2013/01/18/sports/cycling/lance-armstrongs-confession-could-mean-more-legal-trouble.html?partner=rss&emc=rss

Winfrey’s Low-Rated Cable Channel Is Poised to Break Through

Ms. Winfrey conferred with the co-presidents, Erik Logan and Sheri Salata, about booking a trip to Mr. Armstrong’s hometown, Austin, Tex., reserving airtime for Thursday night and announcing the “get” to the press.

What no one said on the call was that this interview — maybe Ms. Winfrey’s biggest since her 1993 sit-down with Michael Jackson — could be a turning point for OWN, which has been low-rated since its birth two years ago.

Another turning point — perhaps even bigger — came this month when OWN started to pocket substantial per-subscriber fees from some of the biggest cable and satellite operators in the country. Some of these deals were done before OWN even premiered. The operators agreed to pay just a penny or two per subscriber a month until January 2013, and then start paying nearly 20 cents a month on average, according to people with direct knowledge of the deals who asked for anonymity because the details were confidential. The fees increase over the span of several years.

Multiply those dimes and quarters across most of the 83 million homes in which OWN is available (but not all — at least one deal is still pending) and the value for Ms. Winfrey and Discovery Communications is plain. Discovery, OWN’s other owner, has said that the channel will turn a profit for the first time in the second half of 2013. Discovery has invested more than $400 million to date.

Paul Maxwell, who runs MediaBiz, a television industry reporting and consulting firm, said OWN was now where Discovery hoped it would be at birth. “They’re not satisfied. They see a lot more to do,” he said. “But they think they’re on the right track now.”

The OWN story is a reminder that cable is a niche business, one built on serving loyal but often small groups of fans.

Ms. Winfrey remains just as well-known now as she was three years ago, her last full year hosting “The Oprah Winfrey Show” on local television stations, said Henry Schafer of Marketing Evaluations, a research firm that publishes proprietary Q Scores for celebrities. But her emotional connection to consumers is not nearly as strong as it was then.

Her Q Score — a combination of both traits — dipped to 22 in 2012 from 31 in 2010 among adult women. Although Ms. Winfrey remains above the average of 16, “she’s been out of focus for a while,” Mr. Schafer said.

Big scoops like the sit-down with Mr. Armstrong can bring her back, at least temporarily. OWN is trying to capitalize on the interview by spreading it out over two nights, by raising advertising rates and by running some ads for other programs on the channel. To make sure people can find the interview in the first place, OWN is running Internet and print ads and promoting a channel finder tool.

“When Oprah does what you know she’s going to do — get the big gets — it just provides a big spotlight on all the good that’s been going on,” said Mr. Logan, who cited two successful reality shows, “Welcome to Sweetie Pie’s” and “Iyanla: Fix My Life,” and an Emmy Award for Ms. Winfrey’s “Super Soul Sunday.”

Success for OWN is relative. Last year, only 325,000 people watched the channel on a typical night, 160,000 of whom were 25 to 54 years old. About 50 broadcasters and cable channels had a bigger audience. But OWN was up about 30 percent over its first year, 2011.

Publicly, the low point for the channel seemed to come in March 2012, when the channel decided to lay off 30 employees, about 20 percent of its work force. The layoffs and the cancellation of a daily talk show by Rosie O’Donnell helped the channel to save $50 million a year and achieve profitability more quickly.

Article source: http://www.nytimes.com/2013/01/18/business/media/winfreys-low-rated-cable-channel-is-poised-to-break-through.html?partner=rss&emc=rss

Media Equation: Brian Williams Adds Newsmagazine to His Portfolio

At his apartment in New York last Thursday night, he fussed with the remote, scanned CNN and checked the local news, all while chatting about the fact that two weeks from Monday, NBC will add to the pile of television news with a one-hour show called “Rock Center With Brian Williams.” It may not knock “60 Minutes” off its perch, but NBC, now owned by Comcast, hopes it is good enough to one day be mentioned as a competitor.

Mr. Williams likes the idea of calling the show “Rock Center,” not only because it conjures the building he works in, but because it brings to mind “30 Rock.”

“People could tune in expecting to see Tina,” he said, referring to the sitcom’s star, Tina Fey. “I think the name confusion can only help us, right?”

Right.

“Rock Center With Brian Williams,” an attempt to spread his broadcast charisma over a newsmagazine show, is a smart but not sure bet for Comcast, which made the show a priority after buying the network in 2009 and getting government approval to buy NBC at the beginning of this year. True, “60 Minutes” is more venerable than vulnerable, but NBC, with the “Nightly News” hosted by Mr. Williams, “The Today Show” and “Meet the Press” — all No. 1 in their categories — has a lot of talent and muscle. So it is hard to go wrong adding shelf space in the form of a long-form news show.

The economics of even a lavishly produced news program (typically $250,000 to $300,000 an episode) are much tidier than a dramatic show ($3 million or more per episode). “Rock Center” is taking over a Monday night slot being vacated by the short-lived “Playboy Club” at 10 p.m.

The history of serious attempts at a newsmagazine is characterized by brave rhetoric followed by abundant carnage. Remember that “Dateline” and “48 Hours” rolled out with great fanfare before sliding into the slime of sexual predators and reheated celebrity tawdriness.

But NBC is not just dipping a toe in: “Rock Center” has hired 70 people at a time when other network news divisions continue to shrink, spending substantial money on talent in front of and behind the camera. And the executive producer, Rome Hartman, is a highly regarded veteran of both the BBC and “60 Minutes,” where he produced over 100 segments.

The correspondents include Harry Smith, Meredith Vieira, Kate Snow, Richard Engel and — as was just announced last week — Ted Koppel. They are backed by a group of hotshot producers, a few of them grabbed from “60 Minutes,” a notoriously difficult place for talent to rise because there is so much of it.

Those names and credentials have impressed people in the business, but the rest of us will be tuning in to see Mr. Williams.

Somewhere between the anchor chair and his funny turns with late-nighters like David Letterman and Jon Stewart, there is a runway for his brand of abnormal normalcy. He’s just like us, only better, or at least more famous.

I have heard people in Midwestern V.F.W.’s say nice things about him, but he also received favorable mention at a breakfast of digital media savants I recently attended. In a niched-up world, Mr. Williams is someone we all seem to hold in common, not because he is Uncle Walt, but because he reflects an appealing mash-up of earnestness and knowingness.

The first promo for the show is built on a friendly smirk at the trappings of network television. “I am sitting on the ‘NBC Nightly News’ set and behind us,” he says, with a jerk of the thumb, “is the set for ‘Rock Center.’ My life will basically take place in this room.” Scanning the place, he points to a corner. “There is a plan for a pasta bar back over there.”

The studio segments between stories will be live, which will provide a contrast to the carefully scripted interstitials on “60 Minutes.” But, more to the point, Mr. Williams prefers to work that way.

E-mail: carr@nytimes.com;

Twitter.com/carr2n

Article source: http://feeds.nytimes.com/click.phdo?i=a89e01e960b596e91b2efb936b6e7bc7

You’re the Boss Blog: What’s in the Obama Jobs Plan for Small Businesses

The Agenda

How small-business issues are shaping politics and policy.

In his speech to the joint session of Congress on Thursday night, President Obama proposed a jobs bill, the American Jobs Act, with several specific, if not yet particularly detailed, tax initiatives that would benefit small businesses — though most in fact would bring the same relief to all companies, large or small. The initiatives can be sorted into two flavors, incentives to promote investment broadly and incentives to promote hiring in particular.

The following investment incentives would be in place for 2012.

Payroll tax cut for employers. The plan would halve the employer share of payroll taxes, to 3.1 percent, on the first $5 million in wages in 2012. While this tax cut would be available to all businesses, the White House said it would most benefit the 98 percent of companies with wages below $5 million. A company with a $5 million payroll would see a tax cut of $155,000.

Extending bonus depreciation through 2012. The plan would extend through 2012 a provision that permits companies to fully depreciate in the first year certain purchases that would normally be amortized over as much as 20 years. The provision was included in last year’s compromise legislation to extend the Bush tax cuts and unemployment insurance. Without any action, bonus depreciation in most cases would be limited to 50 percent in 2012 and then expire altogether.

The following hiring incentives would take effect in October 2011. It is unclear when, or if, they would expire.

Tax credits for hiring the long-term unemployed. Mr. Obama proposed a tax credit of up to $4,000 beginning in October 2011 for hiring a person who has been unemployed for at least six months. If the prospective employee is a veteran, the credit would increase to as much as $5,600. If the veteran became disabled in the course of serving, the credit would rise to as much as $9,600. According to a White House spokesperson, the amount of the credit would depend on the employee’s wages and the number of hours worked.

Employer payroll tax holiday on payroll growth. The president would eliminate the entire 6.2 percent payroll tax on any increase in payroll up to $50 million above the prior year. The growth in wages can be spent on either new hires or raises for existing employees.

All of these initiatives would require approval by Congress. In his speech, the president also mentioned other changes that the administration could undertake on its own. He promised that the government will pay its contractors more quickly, without specifying how quickly. (Federal law requires that the government pay contractors within 30 days of receiving an invoice. “Historically, agencies have been generally encouraged to pay contractors at or right before the 30-day deadline,” said Moira Mack, a spokeswoman for the White House Office of Management and Budget.)

Additionally, the White House said the president would ask the Securities and Exchange Commission to “to reduce the regulatory burdens on small-business capital formation in ways that are consistent with investor protection, including expanding ‘crowdfunding’ opportunities and increasing mini-offerings.”

Before the president had finished delivering his speech, the National Federation of Independent Business, the conservative-leaning small-business lobbying group, panned it as “more of the same” in an e-mailed statement. “Small businesses need the government out of their way,” said Dan Danner, the group’s president and chief executive, in the statement. “Tax breaks are always a welcome help to small businesses, especially in these tough economic times. But those outlined tonight by the president are temporary, and avoid the question of meaningful business tax reform.”

The president’s proposals did cheer at least one group of small-business executives — those invited by the president to witness the speech. Albert Green, chief executive of Kent Displays, a manufacturer of liquid crystal displays in Kent, Ohio, said that while he didn’t have time to study the proposals in detail, “the takeaway is that money for businesses always helps — it helps them grow.”

But even these business owners expressed reservations. David Catalano, who helped found Modea, a digital advertising agency in Blacksburg, Va., said that he was wary of the president’s pledge to pay for the package by having the “wealthiest Americans and biggest corporations to pay their fair share.” Mr. Catalano said that because his company was organized as an S Corporation, in which profits are passed through to shareholders, he would then face higher taxes. But, he said, “my partner and I have reinvested 100 percent of the profits that our agency has made over the last five years back into the company. If the government takes a bigger share of that from me, it directly impedes my ability to grow the agency.”

Darlene Miller, who owns and runs Permac Industries,a precision machining company in Burnsville, Minn., said she also worried about the president’s call for higher taxes but added that even with her company’s profits, “I’m not the wealthiest, so it does not affect me directly.” She said the president could have done more to address regulatory burdens. “There’s still a lot of work in that area to be done,” she said. “There are a lot of regulations that really just aren’t necessary.”

Both Ms. Miller and Mr. Catalano said they were looking for employees right now and acknowledged that President Obama’s proposed hiring incentives would not influence their decisions, reinforcing a concern among economists that such inducements don’t encourage new hiring but reward actions that would be taken anyway. But both echoed Mr. Green’s view that every little bit helps. “You don’t hire somebody because you’re getting a tax credit,” said Mr. Catalano. “This just eases the burden, to invest in their education, or do more things for them.”

Article source: http://feeds.nytimes.com/click.phdo?i=29c64824013e85280268e0d85641ba23