Judge bows out of ‘pink slime’ suit over ABC ties












SIOUX FALLS, S.D. (AP) — A federal judge has recused himself from presiding over a $ 1.2 billion defamation lawsuit against ABC because his daughter-in-law works as a producer on one of the network’s morning shows.


Judge Lawrence L. Piersol recused himself from hearing the defamation lawsuit filed by South Dakota-based Beef Products Inc. against ABC because his daughter-in-law works as a producer on “Good Morning America.”












The case has been reassigned to Chief Judge Karen Schreier.


Beef Products Inc. sued ABC in September over its coverage of a meat product called lean, finely textured beef. Critics have dubbed the product “pink slime.” The meat processor claims the network damaged the company by misleading consumers into believing the product is unhealthy and unsafe.


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Global Update: Investing in Eyeglasses for Poor Would Boost International Economy


BSIP/UIG Via Getty Images







Eliminating the worldwide shortage of eyeglasses could cost up to $28 billion, but would add more than $200 billion to the global economy, according to a study published last month in the Bulletin of the World Health Organization.


The $28 billion would cover the cost of training 65,000 optometrists and equipping clinics where they could prescribe eyeglasses, which can now be mass-produced for as little as $2 a pair. The study was done by scientists from Australia and the Johns Hopkins Bloomberg School of Public Health.


The authors assumed that 703 million people worldwide have uncorrected nearsightedness or farsightedness severe enough to impair their work, and that 80 percent of them could be helped with off-the-rack glasses, which would need to be replaced every five years.


The biggest productivity savings from better vision would not be in very poor regions like Africa but in moderately poor countries where more people have factory jobs or trades like driving or running a sewing machine.


Without the equivalent of reading glasses, “lots of skilled crafts become very difficult after age 40 or 45,” said Kevin Frick, a Johns Hopkins health policy economist and study co-author. “You don’t want to be swinging a hammer if you can’t see the nail.”


If millions of schoolchildren who need glasses got them, the return on investment could be even greater, he said, but that would be in the future and was not calculated in this study.


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Chicago housing recovery lags other cities













Home sales flat nationall, up in Chicago


A sale is pending on this home in San Francisco. The National Association of Realtors reported a decline in sales in September.
(Justin Sullivan/Getty Images / October 19, 2012)





















































The Chicago area's housing recovery continues to lag behind other metropolitan areas, according to a widely watched monthly index of home prices released Tuesday.

The S&P/Case-Shiller home price index found that area home prices in September fell 0.6 percent from August and were down 1.5 percent on an annualized basis. Chicago and New York City were the cities among the 20 studied where pricing was worse than their year-ago comparisons.

September's reading was the first monthly decrease for the Chicago area's home price index after five months of gains. Despite the slip in the overall market, area condo prices continued to recover, rising .9 percent in September from August, marking the six consecutive month of improvement.

Historically, condo prices remain at their spring 2001 level while the overall market's pricing is similar to its fall 2001 levels.

All combined, the 20 cities included in the home price index in September recorded a monthly gain of 0.3 percent in September. Year-over-year, prices rose 3 percent. On a quarterly basis, the national composite rose 3.6 percent in the third quarter compared with 2011's third quarter.

mepodmolik@tribune.com | Twitter @mepodmolik




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Supreme Court blocks Illinois law prohibiting taping of police

Phone interview with ACLU legal director Harvey Grossman as he reacts to the recent Supreme Court ruling. (Content edited for time. Posted Monday, November 26, 2012).









The U.S. Supreme Court on Monday declined to hear an appeal of a controversial Illinois law prohibiting people from recording police officers on the job.


By passing on the issue, the justices left in place a federal appeals court ruling that found that the state's anti-eavesdropping law violates free-speech rights when used against people who audiotape police officers.


A temporary injunction issued after that June ruling effectively bars Cook County State's Attorney Anita Alvarez from prosecuting anyone under the current statute. On Monday, the American Civil Liberties Union, which brought the lawsuit against Alvarez, asked a federal judge hearing the case to make the injunction permanent, said Harvey Grossman, legal director of the ACLU of Illinois.








Grossman said he expected that a permanent injunction would set a precedent across Illinois that effectively cripples enforcement of the law.


Alvarez's office will be given a deadline to respond to the ACLU request, but on Monday, Sally Daly, a spokeswoman for Alvarez, said a high court ruling in the case could have provided "prosecutors across Illinois with legal clarification and guidance with respect to the constitutionality and enforcement" of the statute.


Illinois' eavesdropping law is one of the harshest in the country, making audio recording of a law enforcement officer — even while on duty and in public — a felony punishable by up to 15 years in prison.


Public debate over the law had been simmering since last year. In August 2011, a Cook County jury acquitted a woman who had been charged with recording Chicago police internal affairs investigators she believed were trying to dissuade her from filing a sexual harassment complaint against a patrol officer.


Judges in Cook and Crawford counties later declared the law unconstitutional, and the McLean County state's attorney cited flaws in the law when he dropped charges in February against a man accused of recording an officer during a traffic stop.


Alvarez argued that allowing the recording of police would discourage civilians from speaking candidly to officers and could cause problems securing crime scenes or conducting sensitive investigations.


But a federal appeals panel ruled that the law "restricts far more speech than necessary to protect legitimate privacy interests."


Chicago police Superintendent Garry McCarthy has said he would favor a change allowing citizens to tape the police and vice versa.


Meanwhile, several efforts to amend the statute in Springfield have stalled in committee amid heavy lobbying from law enforcement groups in favor of the current law.


Tribune reporter Liam Ford contributed.


jmeisner@tribune.com



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Berry’s ex says he was threatened before fight












LOS ANGELES (AP) — Halle Berry‘s ex-boyfriend claims the actress’s fiance threatened to kill him during a Thanksgiving confrontation that left him with a broken rib, bruised face and under arrest.


Gabriel Aubry‘s claims are included in court filings that led a judge Monday to grant a restraining order against actor Olivier Martinez, who is engaged to the Oscar-winning actress.












Aubry, 37, was arrested on suspicion of misdemeanor battery after his confrontation with Martinez on Thursday, but he states in the civil court filings that he was not the aggressor and that he was threatened and attacked without provocation. Martinez told police that Aubry had attacked first, the filings state.


A representative for Martinez could not be immediately reached for comment.


Aubry’s filing claims Martinez threatened him the day before the fight at an event at his daughter’s school that he and the actors attended. Aubry, a model, has a 4-year-old daughter with Berry and the former couple have been engaged in a lengthy custody battle.


The proceedings have been confidential, but Aubry states a major aspect of the case was Berry’s wish to move to Paris and take her daughter with her. The request was denied Nov. 9, Berry’s court filings state, and Aubry shares joint custody of the young girl.


Aubry claims Martinez told him, “You cost us $ 3 million,” while he was punched and kicked him in the driveway of Berry’s home. Aubry had gone to the home to allow his daughter to spend Thanksgiving with her mother, the filings state. Aubry claims Martinez threatened to kill him if Aubry didn’t move to Paris.


Berry was not in the driveway during the confrontation and neither was their daughter, the documents state.


Photos of Aubry’s face with cuts and a black eye were included in his court filing.


A judge set a hearing for Dec. 17 to consider whether a three-year restraining order should be granted. Aubry has a Dec. 13 court date for the possible battery case, which has not yet been filed by prosecutors.


___


Anthony McCartney can be reached at http://twitter.com/mccartneyAP .


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Panel Lukewarm on Hepatitis C Screening for Baby Boomers





An influential advisory committee has given only lukewarm support to a government recommendation that all baby boomers be tested for hepatitis C.




In a draft opinion Monday, the United States Preventive Services Task Force said that clinicians may “consider offering” hepatitis C screening to adults born between 1945 and 1965.


That falls short of the recommendation made in August by the Centers for Disease Control and Prevention that all adults in that age group should get a one-time test to see if they are infected.


The task force is made up of outside experts appointed by the government, and its recommendations can in some cases carry more weight than those of the C.D.C. Had hepatitis C screening for baby boomers received a stronger recommendation from the task force, health plans would have been required to pay for it under the 2010 Affordable Care Act, with no charge to the patient.


Some advocates of wider screening said they feared the new opinion would be used by insurers to deny reimbursement for testing and would slow efforts to ferret out hidden cases of hepatitis C at a time when more effective and tolerable treatments are being developed.


The recommendation “could derail the hard work that the C.D.C. has put in in proving the case that it’s smart for baby boomers to get a one-time hepatitis C test,” said Martha B. Saly, director of the National Viral Hepatitis Roundtable, a coalition of more than 200 groups dedicated to eradicating hepatitis. Some drug companies, which would benefit from wider screening, are associate members of the round table.


Dr. Kirsten Bibbins-Domingo, of the University of California, San Francisco, and a member of the task force, said differences in the recommendations were merely a matter of degree. “I would say our findings are compatible,” she said.


The C.D.C. declined to comment, saying the opinion was still a draft.


About 3 million Americans are infected with hepatitis C, but 45 percent to 85 percent of them do not know it, according to the C.D.C. The virus can cause scarring of the liver and liver cancer, though typically not until decades after the initial infection, and not in everyone. About 15,000 people a year die from hepatitis C.


The C.D.C. used to recommend screening only for people most likely to be infected: intravenous drug users or people who got blood transfusions before 1992 when testing of donated blood for the virus began.


But a lot of cases were missed because people did not remember risky behaviors from decades ago or did not tell their doctors.


So in August the C.D.C. recommended that all baby boomers be tested. Although only about 3 percent of this age group is infected, they account for about three quarters of all cases. Screening them would detect more than 800,000 infections, which could then potentially be treated, averting many cases of liver disease and about 120,000 deaths.


But the task force said there were no clinical trials or studies directly proving that screening asymptomatic adults would reduce liver disease or deaths.


It noted that the C.D.C. recommendation was based partly on computer models that might have overestimated how many people with hepatitis C would develop liver cirrhosis or die, and therefore overstated the number of cases or deaths that could be prevented.


The task force concluded that there would be at least a small benefit from screening baby boomers and gave the recommendation a grade of C, meaning “for most individuals without signs or symptoms there is likely to be only a small benefit from this service.”


The task force provoked controversy in the past with recommendations against screening for prostate cancer and against routine mammograms for women under 50.


In 2004, the task force recommended against hepatitis C screening of adults not considered at high risk.


The draft, posted on the task force Web site, will be open for comment until Dec. 24. The evidence behind the recommendation is being published in The Annals of Internal Medicine.


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Obama taps Walter as new SEC chief









WASHINGTON -- President Obama on Monday designated Elisse Walter as chairwoman of the Securities and Exchange Commission, but it's unclear if the Democratic commissioner will be the permanent replacement for outgoing Mary Schapiro.


Walter, who has served on the SEC since July 2008, will take over the reins of the agency after Schapiro steps down on Dec. 14. Schapiro announced her resignation Monday.


Obama thanked Schapiro for her "steadfast leadership." 





"When Mary agreed to serve nearly four years ago, she was fully aware of the difficulties facing the SEC and our economy as a whole," Obama said in a written statement.


"But she accepted the challenge, and today, the SEC is stronger and our financial system is safer and better able to serve the American people – thanks in large part to Mary's hard work," he said.


Obama can designate a current commissioner as chairman. But he must nominate a permanent replacement, who then has to be confirmed by the Senate.


After Schapiro departs next month, the SEC will have two Democrats and two Republicans, making it difficult to pass any controversial measures.


The White House did not indicate if Walter was among those being considered for the nomination.


Walter served as chairwoman for a short period in January 2009 after the departure of former Chairman Christopher Cox, before Schapiro was sworn in.


Walter, a former executive at the Financial Industry Regulatory Authority and the National Assn. of Securities Dealers, has been mentioned as a permanent replacement for Schapiro.


Obama said he was "confident that Elisse's years of experience will serve her well in her new position."


ALSO:


SEC chief Mary Schapiro to step down


Warren Buffett says tax hikes won't stop wealthy from investing


New faces likely for key U.S. economic posts, starting at Treasury



Follow Jim Puzzanghera on Twitter and Google+.





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Bears get back on track by beating Vikings









After the season, the Bears plan to begin expansion at Halas Hall, but they might need to build out the training room now.

In what resembled a last-man-standing battle, they beat the rival Vikings 28-10 on Sunday at Soldier Field, but the badly needed victory came at a steep price. The Bears, who improved to 8-3 by snapping a two-game losing streak, lost five starters and are dangerously thin on their offensive line, depending on the status of guards Lance Louis and Chris Spencer, who both went out with knee injuries.

Running back Matt Forte left with an ankle injury, wide receiver Devin Hester suffered a concussion and cornerback Charles Tillman left with an ankle injury. Linebacker Lance Briggs had his right ankle retaped during the second half and was hobbled afterward. They were not the only ones banged up as the Vikings lost tight end Kyle Rudolph and free safety Harrison Smith to suspected concussions.

The Bears have been in good health for most of the season and the only injured player to miss the game was wide receiver Alshon Jeffery following arthroscopic knee surgery.

Quarterback Jay Cutler returned after missing one game with a concussion and locked onto Brandon Marshall, who caught 12 passes for 92 yards to go over 1,000 for the season, the first Bears receiver to do so since Marty Booker in 2002.

Cutler showed no ill effects from his head injury, keeping plays alive with his legs and absorbing a big hit from defensive end Jared Allen on his 13-yard touchdown pass to tight end Matt Spaeth. Cutler finished 23 of 31 for 188 yards with one touchdown and one interception. The only sack came when he was tripped up backpedaling on his first dropback.

"Jay was fired," Marshall said. "Sense of urgency. The most I've seen all year. He was ready to go."

Forte carried 14 times for 42 yards before leaving in the third quarter after he was caught in a tangled mess of defenders. He fumbled on the Bears' first offensive play, and the Vikings capitalized with a 40-yard field goal by Blair Walsh.

But after the Bears got a takeaway when Nick Roach stripped Adrian Peterson (18 carries, 108 yards), Michael Bush scored on his first of two 1-yard touchdown runs. Robbie Gould added a field goal and Chris Conte's interception of Christian Ponder set up Spaeth's score. The Bears ran a fake extra point with holder Adam Podlesh running in and they were running away with the game 25-3 at halftime.

The second half turned into a battle of attrition and the Bears weathered the storm on the line by moving benched right tackle Gabe Carimi to right guard, a desperation move needed as Edwin Williams already had spelled Spencer at left guard. Teams typically dress only seven linemen, as the Bears did, and now they are without Chilo Rachal, who walked out on the team Wednesday and was placed on the reserve/non-football injury list.

But the game plan was smart six days after the Bears surrendered six sacks in San Francisco. Offensive coordinator Mike Tice committed to the run throughout and the Bears used short drops, chip help and a variety of techniques to keep the Vikings at bay. Cutler said new right tackle Jonathan Scott "added a little extra edge" to the mix.

"When you have a line of new guys in there, I want to get rid of the ball fast," Cutler said. "Find my first read and take it. The more I can do to get rid of the ball quickly and run the ball. If we have to design routes to shorten things up, so be it."

While Peterson topped 100 yards, 23 came on a run midway through the fourth quarter when the game was out of hand. He never buoyed their offense, and Ponder missed his top target Percy Harvin, who was out with an ankle injury. Ponder completed only 22 of 43 passes for 159 yards.

The Bears and Vikings will meet again in two weeks at the Metrodome. Maybe both sides will be healed by then, but the key for the Bears, 2-6 in the last three seasons without Cutler, is the quarterback.

"Not every team has a guy like we have at our quarterback position," coach Lovie Smith said. "Just the confidence that comes with having your guy, your quarterback. No matter how it's looking, the guys have confidence that with Jay leading us, we can come back."

bmbiggs@tribune.com

Twitter @BradBiggs



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Vampires foil Tooth Fairy, Santa to claim box office win












(Reuters) – Teen vampire film “The Twilight Saga: Breaking Dawn – Part 2″ continued to take a bite out of the domestic box office, drawing $ 64 million in ticket sales over the five-day Thanksgiving holiday weekend to finish ahead of James Bond film “Skyfall.”


After opening with a massive $ 141.1 million last weekend, the finale of the “Twilight” franchise brought in a holiday swarm of fans to see teen favorites Robert Pattinson, Kristen Stewart and Taylor Lautner, pushing “Breaking Dawn” to $ 227 million in total domestic ticket sales.












“Skyfall,” starring Daniel Craig in the 23rd installment of the James Bond franchise, finished second, collecting $ 51 million in weekend ticket sales in the United States and Canada, according to studio estimates compiled by the box office division of Hollywood.com.


“Lincoln,” Steven Spielberg’s historical film on the last days of President Abraham Lincoln, grabbed third with $ 34.1 million over the Wednesday-through-Sunday period.


Making its debut in fourth place with $ 32.6 million was the animated film “Rise of the Guardians,” featuring the voices of Chris Pine and Alec Baldwin as the Tooth Fairy, Santa Claus and other childhood favorites who save the world.


“Life of Pi,” based on Yann Martel’s 2001 best-seller about a boy who survives on a raft with a tiger after his ship sinks, collected $ 30.15 million for a strong fifth-place finish.


“Rise of the Guardians,” produced by Dreamworks Animation for roughly $ 145 million, had been projected by distributor Paramount Pictures to gross $ 35 million in its first five days, according to Box Office Mojo.


Based on “The Guardians of Childhood” book series by children’s author William Joyce, the film will be the last Paramount will release for Dreamworks, whose films will be distributed next year by News Corp’s Fox studio.


Anne Globe, Dreamworks’ chief marketing officer, pointed to “the great parent reactions we’ve seen” to the film, and noting it was among the few choices for families through the end of year, said the studio was “hoping for very long legs through the holidays.”


The Ang Li film “Life of Pi,” on the other hand, performed stronger than expected. “We clearly exceeded our pre-release expectations,” said Chris Aronson, president of domestic distribution for 20th Century Fox.


“We’re seeing word of mouth in action, and a remarkably balanced demographic,” including strong ticket sales among those under 25, he said, adding “Many felt it was impossible to film, but Ang Li pulled it off.”


The remake of the 1984 Cold War film “Red Dawn,” finished seventh with $ 22 million in sales, behind animated feature “Wreck It Ralph”‘s $ 23 million take.


“Red Dawn” arrived at movie theaters four years after it was shot by MGM, but was delayed when the studio filed for bankruptcy in 2010. Last year, MGM decided to digitally alter the villains in the movie, inserting North Koreans instead of Chinese, after Hollywood began courting Chinese companies to help finance its films.


Propelled by the vampires, secret agents, presidents and nursery school favorites, Hollywood ticket sales totaled $ 290 million for the holiday weekend, beating the holiday weekend high mark of $ 273 million recorded in 2009. Hollywood studios often release their biggest holiday films on Wednesday to take advantage of school breaks the day before Thanksgiving.


The continued rush of fans to see teen favorites Pattinson, Stewart and Lautner pushed the “Twilight” installment to $ 227 million in total domestic ticket sales, making it the year’s sixth-largest, according to figures compiled by Box Office Mojo.


“Skyfall” with $ 221.7 million is just behind at number seven, while the year’s box office champ remains “Marvel’s The Avengers,” which has taken in $ 623 million to date.


(Reporting By Ronald Grover)


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M.I.T. Lab Hatches Ideas, and Companies, by the Dozens





HOW do you take particles in a test tube, or components in a tiny chip, and turn them into a $100 million company?




Dr. Robert Langer, 64, knows how. Since the 1980s, his Langer Lab at the Massachusetts Institute of Technology has spun out companies whose products treat cancer, diabetes, heart disease and schizophrenia, among other diseases, and even thicken hair.


The Langer Lab is on the front lines of turning discoveries made in the lab into a range of drugs and drug delivery systems. Without this kind of technology transfer, the thinking goes, scientific discoveries might well sit on the shelf, stifling innovation.


A chemical engineer by training, Dr. Langer has helped start 25 companies and has 811 patents, issued or pending, to his name. That’s not too far behind Thomas Edison, who had 1,093. More than 250 companies have licensed or sublicensed Langer Lab patents.


Polaris Venture Partners, a Boston venture capital firm, has invested $220 million in 18 Langer Lab-inspired businesses. Combined, these businesses have improved the health of many millions of people, says Terry McGuire, co-founder of Polaris.


Along the way, Dr. Langer and his lab, including about 60 postdoctoral and graduate students at a time, have found a way to navigate some slippery territory: the intersection of academic research and the commercial market.


Over the last 30 years, many universities — including M.I.T. — have set up licensing offices that oversee the transfer of scientific discoveries to companies. These offices have become a major pathway for universities seeking to put their research to practical use, not to mention add to their revenue streams.


In the sciences in particular, technology transfer has become a key way to bring drugs and other treatments to market. “The model of biomedical innovation relies on research coming out of universities, often funded by public money,” says Josephine Johnston, director of research at the Hastings Center, a bioethics research organization based in Garrison, N.Y.


Just a few of the products that have emerged from the Langer Lab are a small wafer that delivers a dose of chemotherapy used to treat brain cancer; sugar-sequencing tools that can be used to create new drugs like safer and more effective blood thinners; and a miniaturized chip (a form of nanotechnology) that can test for diseases.


The chemotherapy wafer, called the Gliadel, is licensed by Eisai Inc. The company behind the sugar-sequencing tools, Momenta Pharmaceuticals, raised $28.4 million in an initial public offering in 2004. The miniaturized chip is made by T2Biosystems,  which completed a $23 million round of financing in the summer of 2011.


“It’s inconvenient to have to send things to a lab,” so the company is trying to develop more sophisticated methods, says Dr. Ralph Weissleder, a co-founder, with Dr. Langer and others, of T2Biosystems and a professor at Harvard Medical School.


FOR Dr. Langer, starting a company is not the same as it was, say, for Mark Zuckerberg with Facebook. “Bob is not consumed with any one company,” says H. Kent Bowen, an emeritus professor of business administration at Harvard Business School who wrote a case study on the Langer Lab. “His mission is to create the idea.”


Dr. Bowen observes that there are many other academic laboratories, including highly productive ones, but that the Langer Lab’s combination of people, spun-out companies and publications sets it apart. He says Dr. Langer “walks into the great unknown and then makes these discoveries.”


Dr. Langer is well known for his mentoring abilities. He is “notorious for replying to e-mail in two minutes, whether it’s a lowly graduate school student or the president of the United States,” says Paulina Hill, who worked in his lab from 2009 to 2011 and is now a senior associate at Polaris Venture Partners. (According to Dr. Langer, he has corresponded directly with President Obama about stem cell research and federal funds for the sciences.)


Dr. Langer says he looks at his students “as an extended family,” adding that “I really want them to do well.”


And they have, whether in business or in academia, or a combination of the two. One former student, Ram Sasisekharan, helped found Momenta and now runs his own lab at M.I.T. Ganesh Venkataraman Kaundinya is Momenta’s chief scientific officer and senior vice president for research.


Hongming Chen is vice president of research at Kala Pharmaceuticals. Howard Bernstein is chief scientific officer at Seventh Sense Biosystems, a blood-testing company. Still others have taken jobs in the law or in government.


Dr. Langer says he spends about eight hours a week working on companies that come out of his lab. Of the 25 that he helped start, he serves on the boards of 12 and is an informal adviser to 4. All of his entrepreneurial activity, which includes some equity stakes, has made him a millionaire. But he says he is mainly motivated by a desire to improve people’s health.


Operating from the sixth floor of the David H. Koch Institute for Integrative Cancer Research on the M.I.T. campus in Cambridge, Mass., Dr. Langer’s lab has a research budget of more than $10 million for 2012, coming mostly from federal sources.


The research in labs like Dr. Langer’s is eyed closely by pharmaceutical companies. While drug companies employ huge research and development teams, they may not be as freewheeling and nimble, Dr. Langer says. The basis for many long-range discoveries has “come out of academia, including gene therapy, gene sequencing and tissue engineering,” he says.


He has served as a consultant to pharmaceutical companies. Their large size, he says, can end up being an impediment.


“Very often when you are going for real innovation,” he says, “you have to go against prevailing wisdom, and it’s hard to go against prevailing wisdom when there are people who have been there for a long time and you have some vice president who says, ‘No, that doesn’t make sense.’ ”


Pharmaceutical companies are eager to tap into the talent at leading research universities. In 2008, for example, Washington University in St. Louis announced a $25 million pact with Pfizer to collaborate more closely on biomedical research.


But in some situations, the close — critics might say cozy — ties between business and academia have the potential to create conflicts of interest.


There was a controversy earlier this year when it was revealed that the president of the University of Texas M.D. Anderson Cancer Center owned stock in Aveo Oncology, which had announced earlier that the university would be leading clinical trials of one of its cancer drugs.  Last month, the University of Texas announced that he would be allowed to keep his ties with three pharmaceutical companies, including Aveo Oncology; his holdings will be placed in a blind trust.


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