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Alibaba seeking to buy 37% stake in Lionsgate: report

Written By Unknown on Sabtu, 25 Oktober 2014 | 00.32

China's Alibaba Group, flush with some $25 billion in cash after its blockbuster IPO last month, is interested in acquiring Lionsgate co-chairman Mark Rachesky's 37% stake in the studio, according to a report.

Rachesky, through his MHR Fund Management investment firm, owns 37.4% of Lionsgate's shares. A sale of his stake to Alibaba could be announced in November or perhaps sooner, the New York Post reported Friday, citing anonymous sources.

A Lionsgate spokesman declined to comment on the report. Rachesky and reps for Alibaba and MHR did not respond to requests for comment. New York-based MHR manages about $6 billion of capital.

Lionsgate and Alibaba this summer announced a pact for a subscription-streaming service for mainland China, called Lionsgate Entertainment World, to offer the "Twilight" series of films, "The Hunger Games: Catching Fire," "Divergent" and "Mad Men."

In the next week, Alibaba CEO Jack Ma is reportedly leading a delegation to meet with other Hollywood studio execs, including Sony's Michael Lynton and Paramount's Brad Grey, as the Chinese e-commerce and media powerhouse explores potential content acquisitions and investments.

Separately, Lionsgate co-chairman and CEO Jon Feltheimer is scheduled to be in Hong Kong next week. He's scheduled to deliver a keynote at the CASBAA Convention 2014, an engagement that was scheduled six months ago.

In announcing the deal with Alibaba in July, Feltheimer called Alibaba "a world-class brand that is well known and respected among consumers throughout China." He added, "Alibaba is the kind of entrepreneurial company with whom we like to be in business, and the launch of our streaming service in China underscores our commitment to innovation and leadership in delivering premium content to digital platforms around the world."

© 2014 Variety Media, LLC, a subsidiary of Penske Business Media; Distributed by Tribune Content Agency, LLC


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The Ticker

N.H. co. settles with Apple

A New Hampshire company that was manufacturing synthetic sapphire glass has reached a settlement with Apple, but at the expense of layoffs at its facilities in Salem and New Hampshire.

GT Advanced Technologies said in a statement yesterday it will "wind down" its sapphire production in Salem and Mesa, Ariz., under a settlement with Apple that is part of the company's ongoing Chapter 11 bankruptcy proceedings.

GT has laid off 650 workers in its Arizona plant and six employees in Salem. The Salem facility will remain open, but a number of positions will be transferred to its Merrimack, N.H., headquarters.

MBTA launches Green Line tracking

The MBTA began providing real-time information on the Green Line yesterday for the first time in the line's 
117-year history. Real-time data on the location of Green Line trains is now fed to the dozens of MBTA real-time apps. This will mark the completion of the first phase of a multi-phase project to provide real-time information and predictions to the Green Line's 227,000 daily riders.

Raytheon reports $515M in net income

Raytheon Co. yesterday reported third-quarter net income of $515 million.

On a per-share basis, the Waltham company said it had a profit of $1.65, beating Wall Street expectations.

The average estimate of analysts surveyed by Zacks Investment Research was for earnings of $1.61 per share.

The defense contractor posted revenue of 
$5.47 billion in the period, which missed Street forecasts. Analysts expected $5.62 billion, according to Zacks.

Lynch donates $50G to foundation

The New England Chapter of the Network for Teaching Entrepreneurship announced it has received a $50,000 donation from the Barbara Lynch Foundation. The Hub restaurateur's donation will be used to specifically expand NFTE's programming within Boston schools, including Charlestown High School, the Josiah Quincy School, Boston International High School and West Roxbury Academy.

Today

  • Commerce Department releases new home sales for September.
  • State Street Global Advisors, the asset management business of State Street Corp., has announced the appointment of Lori Heinel as chief portfolio strategist. In this newly created position, Heinel will oversee a global team of 20 investment professionals dedicated to communicating information about investment strategies and solutions to prospects, clients and consultants. A 30-year industry veteran, Heinel most recently served as chief investment strategist for OppenheimerFunds Inc., where she oversaw product management, product development and investment thought leadership.

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Pipeline ‘consumer’ advocates are gas industry insiders

A new group that claims to advocate for consumers by pushing for natural gas pipeline construction as a way to cut rising electricity costs is made up of industry insiders.

Anthony Buxton, general counsel and spokesman for the Coalition to Lower Energy Costs, is a registered energy industry lobbyist in Maine, where he represents Tennessee Gas Pipeline Co., a Kinder Morgan Energy Partners subsidiary that wants Maine ratepayers to subsidize a proposed natural gas pipeline from New York to Dracut. However, Buxton said he is not involved in the Massachusetts project.

Barbara Kates-Garnick, the coalition's senior energy policy adviser, is a former executive at KeySpan and National Grid, and former commissioner of the Department of Public Utilities.

Buxton, who confirmed his industry links, denied the coalition is a front for the industry, saying it wants to increase the supply of natural gas to New England, thereby "dramatically" lowering energy costs.

When asked who would pay for such a pipeline, Buxton said: "Ratepayers would pay for the pipeline over time, but would recoup those costs in electricity savings."

But Greg Cunningham, senior attorney at the Conservation Law Foundation, said ratepayers don't need a pipeline in Massachusetts because there already are incremental pipeline expansions in the final stages of approval that would bring relief to consumers years before any Tennessee Gas pipeline could be built.

"They (the coalition) say (their proposal) would benefit citizens, as if they represent the citizens," he said. "They represent a multi-billion corporation that is pushing an estimated $3- to $6-billion pipeline that it wants to be paid for by consumers."


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Judge issues injunction to prohibit Aereo's live broadcast streams

A federal judge issued a preliminary injunction that officially prohibits Aereo from offering unauthorized streams of broadcast programming.

The judge's action is not a surprise given the Supreme Court's ruling in favor of broadcasters in June. But Aereo, which offered digital streams of broadcast programming to subscribers, sought a new legal avenue to continue its service, including qualifying as a cable system entitled to a compulsory license.

U.S. District Judge Alison Nathan, in a ruling issued on Thursday, wrote that while the Supreme Court stated in its opinion that Aereo has similarities to a cable system, the justices did not say that it was, in fact, a cable system.

She wrote that "Aereo's argument suffers from the fallacy that simply because an entity performs copyrighted works in a way similar to cable systems it must be deemed a cable system for all other purposes of the Copyright Act. The Supreme Court's opinion ... avoided any such holding."

She also rejected Aereo's argument that it was entitled to safe harbor protection, and also said that Aereo could not now claim "significant hardship" as she issued the injunction.

Nathan did stop short of issuing an injunction against Aereo that would have prohibited it from retransmitting broadcasts on a time-shifted basis. She wrote that the injunction will be narrower in scope, applying only to the retransmission of works only when they are still being broadcast. She did, however, say that there may be "both factual and legal nuances unique to fully time-shifted retransmission that have not been fleshed out that may influence this court's application of the Supreme Court's holding to what is essentially the remote DVR aspect of Aereo's operations."

Aereo put it operations on pause several days after the Supreme Court ruling.

© 2014 Variety Media, LLC, a subsidiary of Penske Business Media; Distributed by Tribune Content Agency, LLC


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Jennifer Lawrence snags celebrity pedigreed pad in Beverly Hills

Though she cleaves fiercely and admirably to her pre-fame sanguinity and candor it really doesn't come as much surprise to this veteran celebrity property gossip that the honest to goodness if freshly anointed show business cynosure known as Jennifer Lawrence would select as her first Tinseltown real estate purchase a high-priced and celebrity pedigreed pad in a guard-gated Beverly Hills enclave jam-packed with a slew Hollywood big shots.

The property in question, which Your Mama has dissed and discussed on more occasions than our gin-soaked noggin could ever recall, was last listed for $7.85 million and Redfin shows the sale price at $8.225 million. The $375,000 differential suggests the internationally beloved "Hunger Games" protagonist and Academy Award winner ("Silver Linings Playbook") may have faced down some deep-pocketed competition for the property. (For the professional record, 24-year-old Miss Lawrence can brag two additional Oscar nominations, for "American Hustle" and "Winter's Bone," one People's Choice Award, two Golden Globes, and three MTV Movie Awards.)

  • BUYER: Jennifer Lawrence
  • SELLER: Sydney Holland
  • LOCATION: Beverly Hills, CA
  • PRICE: $8,225,000
  • SIZE: 5,500 square feet (approx.), up to 5 bedrooms, 5.5 bathrooms

According to Your Mama's research and resources, the lucky seller who hauled in more than $1.8 million, less expenses, after just a year of ownership was Sydney Holland, a philanthropically minded neophyte film and television producer who also happens to be the much younger lady-friend of nonagenarian billionaire media mogul Sumner Redstone. Miz Holland picked up the celeb-approved property just a year ago for $6.4 million from Jessica Simpson and previous high-profile owners of the property include Paul Hogan, Ellen DeGeneres, Rick Yorn and Tom Freston.

The Bev Hills residence -- technically, it's in the Beverly Hills Post office area and marketing materials describe it as "French style -- has 5 bedrooms and 5.5 bathrooms in about 5,500-square-feet of decadently refurbished interiors that include newly installed wood and marble floors, a boat load of glitzy-glam light fixtures and French-style moldings. There's a winding staircase in the foyer that leads in to the formal living room where we happen to know from no longer available digital marketing materials Miz Holland had a Marilyn Minter photograph that Your Mama would eat 70 pounds of glass to hang for just two days in our own living room but, anyways…. The adjoining formal dining room has a large window with verdant garden view and connects to the center island kitchen that's expensively fitted and kitted with Carrara marble counter tops and top grade appliances. A sunny, window-lined breakfast room opens to the backyard.

Technically the house has five bedrooms but it was configured by the seller, as per listing details, with just three bedrooms: two guest/family bedrooms on the second floor along with a roomy master suite with custom-fitted walk-in closet and a marble lined bathroom. A fourth bedroom on the second floor was done up as a dressing room with salon-style hair and make-up facilities, which we imagine will come in right handy for the regular red-carpet walker, and the fifth bedroom, on the main floor, again per listing details, "serves as a sitting room."

A variety of patios and terraces surround the house and include a walled entry courtyard with flagstone patio and koi-filled lily pond. Stone terraces off the back of the house step up a long and slender backyard thickly ringed by a tall wall of bamboo and other shrubbery that provides absolute privacy in and around the lap lane swimming pool and spa.

Some of the other entertainment industry A-list home owners in the security patrolled 'hood include Guy Oseary; Nicole Kidman and Keith Urban; Penelope Cruz and Javier Bardem; and Cameron Diaz, who bought her two residence compound in 2010 from Candice Bergen. Earlier this year, with their new baby then still on the way, Ashton Kutcher and Mila Kunis coughed up $10.215 million in a hush-hush off-market deal for an approximately 7,300-square-foot abode that they bought from -- you can't make this stuff up, puppies -- divorcing entertainment industry movers and shakers Tom and Kathy Freston.

As for Miz Holland, in case any of the children might be interested, she has a rather interesting and active real estate story liberally laced with celebrity connections and overlays. In June of 2013 she paid $5,495,000 for a muy bonita Spanish hacienda style casa in a prime section of the Flats of Beverly Hills that was previously leased by Sharon and Ozzy Osbourne who, everybody surely knows by now, off-loaded their multi-acre estate in Hidden Hills to Jessica Simpson and her retired professional tight end husband Eric Johnson. Miz Holland flipped the house in the Flats just three months later -- right before she bought the house she just sold to Jennifer Lawrence -- for $5.625 million.

Interestingly enough, back in August, real estate yenta Yolanda Yakketyyak snitched to Your Mama that in July Miz Holland had quietly acquired a newly built, $2,835 million contemporary on a prime residential street in West Hollywood. Just a week or so later, we learned just today from the inestimable Lucy Spillerguts, the increasingly prolific property flipper dropped another $6.75 million on a much larger, 7,166-square foot mini-mansion in the guard-gated Mulholland Estates community where some of her neighbors include Charlie Sheen, Vanna White, Christina Aguilera and Judith Light who, apropos of absolutely nothing real estate related, this property gossip thinks did a terrific job on the first season of Amazon's series "Transparent."

© 2014 Variety Media, LLC, a subsidiary of Penske Business Media; Distributed by Tribune Content Agency, LLC


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N.H. company reaches Apple settlement, lays off hundreds

A New Hampshire company that was manufacturing synthetic sapphire glass has reached a settlement with Apple, but at the expense of layoffs at its facilities in Salem and New Hampshire.

GT Advanced Technologies said in a statement yesterday it will "wind down" its sapphire production in Salem and Mesa, Ariz., under a settlement with Apple that is part of the company's ongoing Chapter 11 bankruptcy proceedings.

GT has laid off 650 workers in its Arizona plant and six employees in Salem. The Salem facility will remain open, but a number of positions will be transferred to Merrimack, N.H., headquarters.

"We sincerely regret and recognize the impact this will have on our valued employees and their families, and we are committed to supporting our employees through this transition," the company said.

Nearly a year ago, Apple announced it had signed an agreement with GT to produce synthetic sapphire, which was thought by many to be intended for the screen of the new iPhones announced in September. GT was unable to get its new plant in Arizona running properly, and filed for bankruptcy earlier this month.

The company said the layoffs in Salem are positions that supported operations in Arizona.

GT received a $659,396 tax credit from the state Office of Housing and Economic Development in 2011, contingent on the company adding — and keeping — 42 jobs for five years.

Matthew Sheaff, a spokesman for HED, said the office is monitoring the situation.


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Amazon’s new Kindles a perfect read

The new Kindle Voyage is the perfect binge-reader.

It proves that the iPad isn't for bookworms anymore, because even the most old-school lover of dead trees should take a look at the Voyage, which takes all the best aspects of Amazon's previous e-readers and rolls them into the best digital book experience on the market.

While the iPad is still king of the tablet market with about 30 percent marketshare, Amazon has steadfastly catered to people who love to read. It's a strategy that should pay off this holiday shopping season with impressive sales of this impressive product.

The ultra-thin, 7 mm device starts at $200 and costs $290 for the 3G model, a price reflective of a super-luxe and refined style.

Like the excellent Kindle Paperwhite, the Voyage has a unique lighting system that directs light from the screen itself down onto the ink — just like a light in the room would reflect off a piece of paper — very cool technology that doesn't strain your eyes.

At 300 pixels per inch, the same as the printed page, reading on the Voyage is literally like reading a book.

The Kindle Voyage is an electronic reading device that melts away, with alerts and annoyances muted while you read, excellent battery life and very little bezel. The buttons for the next and last page are capacitive, so you can hold the Kindle anywhere without fear of triggering them.

A magnetic latch cover with a built-in stand makes it easy to take a book to bed.

A particularly awesome feature is Kindle X-Ray, which helps with instant word definitions and information about obscure characters and themes.

It's worth noting that Amazon also has a winner with the Kindle Fire HD Kids Edition, the first tablet for children that's worth a try. It costs $149 for the 6-inch version and $189 for the 7-inch base model. The price includes a one-year subscription to 5,000 games, videos, and books for kids. A rugged protective case and two-year, no-questions-asked warranty rounds out that excellent offering.

Both the Voyage and Fire for kids are evidence that Amazon should stick to the things that made it great — namely, books.


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Lumiere shines light on high-end Medford site

A large site across from the Mystic River Reservation in Medford is being turned into the area's latest luxury apartment development with views across the river to the Boston skyline.

The 164-unit Lumiere is about a mile from the Wellington Orange Line T Station, and sits on the site of a former car dealership. The first 48-apartment phase has just opened, with 18 of the units leased. The final two phases will be finished in December and February.

The Lumiere is in the same apartment submarket as Station Landing in Medford and Assembly Row in Somerville, but without the urban village feel.

"People who go there get the hustle and bustle, but those who rent here want a little more tranquility," said Lumiere property man­ager Robin Boersner, citing nearby walking and cycling trails and kayaking on the river. "We're across from a natural retreat."

Waltham- and Dallas-based Criterion Development Partners also recently built the Rivers Edge apartments near Wellington, but the Lumiere is targeting a higher-end market.

"Criterion wanted to create a real upscale feel at the Lumiere, with larger apartments and higher quality finishes than the competition," said Michelle Tomasetti, director of marketing for Winn­Residential, which is managing the development.

All apartments have 9- to 10-foot ceilings and tall windows, kitchens with Silestone countertops and islands, and two-tone zebrawood and white cabinetry. The master bedroom suites have spacious walk-in closets and soaking tubs in the en-suite tiled bathrooms. Fifth-floor apartments have gas fireplaces and some units have hardwood floors throughout. Most have sliding-glass doors to private balconies.

Studios at the Lumiere, with 623 square feet, start at $1,829, one bedrooms, from 690 to 840 square feet, range from $2,071 to $2,688 and two bedrooms, with 1,038-1,301 square feet, go for $2,655 to $3,033. All apartments have in-unit washers and dryers.

And each comes with one garage parking space, with additional spaces available at $100 apiece. The complex is currently offering a leasing­ concession of one free month's rent.

While the apartments have earthy tones, the common-­area finishes — starting with a striking white marble tile wall in the entry foyer — go for a bolder, contemporary look.

"There's a lot of texture with bright colors to give the amenity spaces a boutique hotel feel," Boersner said.

The second-floor common spaces take advantage of Mystic River and Boston skyline views. The Lookout Lounge has wraparound windows and glass mosaic tile walls, and features a full high-end kitchen for tenant use as well as a clubroom with a two-sided gas fireplace and a billiards table.

This room opens onto an outdoor courtyard, one of two in the complex, which features a heated pool and a sundeck. There's also a fitness facility, a Wi-Fi conference room and a dedicated room for gaming­ consoles. The second courtyard will feature a "green" community garden.

The pet-friendly Lumiere is going for a LEED designation, and has other green features such as LED lighting as well as electric car- charging stations.

"What we're offering is elegance with an edgy touch," Tomasetti said.


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Dunkin' Donuts counting fewer beans

Weak consumer spending and increased competition for their breakfast business yesterday prompted the parent company of Dunkin' Donuts to warn that it might miss sales forecasts.

It will be a "challenge" for Canton-based Dunkin' Brands to achieve the low end of its targeted 2 percent to 3 percent increase in comparable-store sales at U.S. Dunkin' locations, chairman and CEO Nigel Travis said in an earnings call with analysts.

"Dunkin' Donuts U.S. third-quarter (comparable store sales) of 2 percent did improve slightly over the second quarter even if we continue to feel the impact from an ongoing sluggish economy and a highly competitive QSR (quick-service restaurant) breakfast and coffee environment," Travis said. "We've faced some headwinds this year on Dunkin' Donuts U.S. stores."

Comparable store sales are considered an important performance measure. They reflect sales at stores open 54 weeks or more and exclude recently opened or closed stores.

Travis said he is "concerned" about consumers.

"I'd like to think that they were going to be encouraged by gas prices going down," he said. "That doesn't seem to have happened to anyone yet."

Dunkin' is facing competitive pressures — including price competition — from casual dining chains and fellow quick-service chains such as McDonald's.

Breakfast and coffee are strong growth categories in the restaurant business, and more and more companies are looking to get their piece of the pie, said Sharon Zackfia of William Blair & Co. "Particularly with soft drink consumption kind of declining and other (parts of the day) providing challenges for many restaurant operators, breakfast is pretty enticing," she said. "It's growing, and it's pretty habitual. "

Dunkin' maintained its full-year earnings-per-share guidance of $1.73 to $1.77.

Its earnings growth is primarily driven by development, and that remains very healthy for U.S. Dunkin' locations, and franchisee profitability is at all-time highs, Zackfia said.

Dunkin' shares, which fell as much as 6.7 percent yesterday, closed at $44, down 5.96 percent.

"The shares have under-performed their (QSR) and broader restaurant industry peers year-to-date," Barclays analyst Jeffrey Bernstein said in a research report. But, he noted, "Despite the near-term headwinds, we continue to believe Dunkin' is a strong long-term growth story."


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NBCUniversal to settle suit by former interns for $6.4 million

NBCUniversal and a group of former interns have agreed to settle a class-action lawsuit contending the interns should have been paid for their work.

The $6.4-million settlement, subject to court approval, would be shared by thousands of interns, including some who worked at "Saturday Night Live."

The lawsuit is among several that have roiled the entertainment industry in New York and Los Angeles, where unpaid internships have long been a cost-saver for television networks, movie studios, production companies and music labels — and a foot in the door for Hollywood hopefuls.

The settlement would be the largest yet among several cases filed by interns against entertainment companies. Last year, for example, talk show host Charlie Rose and his production company paid about $110,000 to settle a lawsuit brought by former unpaid interns, with part of the proceeds going to the interns as back pay.

However, attorney Cheryl Orr, chairwoman of Drinker Biddle & Reath's national labor and employment practice, said in an email that she "would not put too much stock in the 'precedent' created by" the NBCUniversal settlement.

"There may (or may not) have been other business factors impacting the outcome," she said. "Certainly these cases will continue to be hard-fought."

NBCUniversal declined to comment.

A wave of internship lawsuits was touched off in 2011, when former unpaid interns on the film "Black Swan" filed suit against Fox Searchlight Pictures, alleging that the company violated the Fair Labor Standards Act, which mandates that unpaid internships benefit the interns, not the employers, among other criteria.

The Fox case was followed by lawsuits from unpaid interns at Warner Music Group and Atlantic Records and publishing houses Conde Nast and Hearst Corp.

Eric Glatt, a lead plaintiff in the Fox lawsuit, said the settlement in the NBCUniversal matter indicates that the other legal proceedings "have merit and are on very solid ground."

"I think that sends a very clear message to other media companies — and any large employer who has taken advantage of unpaid intern labor — that they should take this issue very, very seriously," he said.

The original complaint filed against NBCUniversal involved New York interns Jesse Moore and Monet Eliastam, and grew to include plaintiffs from other states. The interns asserted that the work they did paid them "no compensation or compensation at a rate less than the applicable minimum wage law," and that they were doing work for which wages were appropriate.

The plaintiffs and their attorneys had contended that the internships involved doing work that would ordinarily be done by paid workers, and accused the company of "improperly classifying them as non-employee interns exempt from federal and state minimum wage ... requirements."

Lawyers for the plaintiffs said Comcast-owned NBCUniversal has agreed to special bonuses for the litigants who led the class-action lawsuit, which was filed in July 2013. According to documents filed with New York's Southern District Court on Wednesday, a handful of plaintiffs would receive $2,000 to $10,000 each. Other unpaid interns who qualify to be included in the settlement would see far less — $505 on average, according to the legal filings.

Show business internships can seem glamorous — they might involve assisting a filmmaker on the set of a movie production — but typically require the intern to make coffee, photocopy documents, run errands or make travel arrangements for company principals.

Ross Perlin, author of the 2012 book "Intern Nation," has estimated there are 500,000 unpaid interns nationwide (based on census data and private research) and says the practice saves companies about $2 billion annually in labor costs.

"Unpaid internships right now are a huge giveaway for employers, worth billions — that should come back to young people," Perlin told The Times this year.

Plaintiffs in the Fox case contend that minimum wage laws were violated during the making of "Black Swan" and are seeking back pay and damages for themselves and an unspecified number of other interns who worked at Searchlight and other units of parent company Fox Entertainment Group.

Attorneys for Fox Searchlight have argued that an independent company — not the studio — hired and managed the "Black Swan" interns.

Last year, U.S. District Judge William Pauley in New York rejected that argument and concluded that "Searchlight received the benefits of (the interns') unpaid work, which otherwise would have required paid employees."

Fox appealed Pauley's ruling, contending that interns are not employees subject to wage protection if they, not the employer, are the "primary beneficiaries" of the internships.

A ruling by the U.S. 2nd Circuit Court of Appeals in New York is expected in the case next year.

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