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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Eagles, QB Vick agree to restructured deal

PHILADELPHIA (AP) — Quarterback Michael Vick, who was slated to earn $16 million next season, has agreed to a restructured deal with the Philadelphia Eagles.

Vick, who was injured and inconsistent last season, eventually giving way to rookie Nick Foles, now has a three-year contract, and will compete with Foles over the next nine months to see who runs new coach Chip Kelly's offense this season.

Vick, who returned to start the season finale vs. the New York Giants in December because Foles was injured, finished the season with 2,362 yards passing, 12 touchdowns and 10 interceptions. The Eagles finished 4-12 and in last place in the NFC East.

Andy Reid was fired as coach the day after the season ended, and Kelly was hired last month. Vick, who will be 33 when next season begins, is still elusive when healthy, and seems equipped to run Kelly's aggressive, up-tempo offense that he is bringing to the Eagles from Oregon.

"He wanted to be here," Kelly said Monday in his first meeting with the media following his opening press conference on Jan. 17. "I had never met him before. The one thing that attracted me to him, is Michael is a competitor. Nick is, too. You want guys who want to compete."

Vick was signed by Philadelphia in 2009, and became the starter in 2010. He led the Eagles that season to an NFC East title, and a memorable 38-31 December win over the Giants in which he rallied the team from a 21-point deficit.

There are questions, of course, about his durability and his age, as he now seems far removed from that resurgent 2010 season. He finished that year with 3,018 yards passing, 676 yards rushing and 30 total touchdowns.

"He's younger than (Dallas quarterback) Tony Romo, and he's right about the same age as (Giants quarterback) Eli Manning," Kelly said. "The only reason I say that is because I told Michael that this morning, and he didn't know."

Vick only played in 10 games last season, and in the finale vs. New York, he had a quarterback rating of just 68.4 en route to a 42-7 loss.

"I looked at the films, and studied the tape. When you look at Michael, it's his toughness. That cannot be overrated at all," Kelly said. "We looked at his skillset. He still has that skillset. He can still throw the football.

"He's got an unbelievable release, and it's our job as coaches to make sure he can get the ball out quickly."

All told, Vick has started 35 games for Philadelphia over the last three seasons. Foles has started six. The Eagles scored just 280 points last season as they endured an eight- and a three-game losing streak. Only Arizona (250) scored fewer in the NFC.

When asked which quarterback would work with the first-team offense in training camp, Kelly smiled and quickly showed he's going to be able to handle the Philadelphia media just fine.

"We'll go alphabetical," he said with a grin. "First name? Last name? We'll flip a coin."

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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.

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

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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 Traoré, 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 Touré. “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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Paternos issue report, challenge Freeh's findings

STATE COLLEGE, Pa. (AP) — A report commissioned by Joe Paterno's family says the late coach did nothing wrong in his handling of the Jerry Sandusky child sex abuse scandal and portrays Paterno as the victim of a "rush to injustice" created by former FBI director Louis Freeh's investigation of the case for Penn State.

The family's critique, released Sunday, argues that the findings of the Freeh report published last July were unsupported by the facts.

Former U.S. Attorney General Dick Thornburgh, one of the experts assembled by the family's lawyer to review Freeh's report last year to Penn State, called the document fundamentally flawed and incomplete.

Freeh's report reached "inaccurate and unfounded findings related to Mr. Paterno and its numerous process-oriented deficiencies was a rush to injustice and calls into question" the investigation's credibility, Thornburgh was quoted as saying.

In a statement released Sunday through a spokesman, Freeh defended his work.

"I stand by our conclusion that four of the most powerful people at Penn State failed to protect against a child sexual predator harming children for over a decade," he said.

Paterno's family released what it billed as an exhaustive response to Freeh's work, based on independent analyses, on the website paterno.com.

"We conclude that the observations as to Joe Paterno in the Freeh report are unfounded, and have done a disservice not only to Joe Paterno and the university community," the family's report said, "but also to the victims of Jerry Sandusky and the critical mission of educating the public on the dangers of child sexual victimization."

Freeh's findings also implicated former administrators in university president Graham Spanier, athletic director Tim Curley and retired vice president Gary Schultz. Less than two weeks after the Freeh report was released in July, the NCAA acted with uncharacteristic speed in levying massive sanctions against the football program for the scandal.

"Taking into account the available witness statements and evidence, it is more reasonable to conclude that, in order to avoid the consequences of bad publicity, the most powerful leaders at Penn State University — Messrs. Spanier, Schultz, Paterno and Curley — repeatedly concealed critical facts relating to Sandusky's child abuse" from authorities, trustees and the university community, Freeh wrote in releasing the report.

The former administrators have vehemently denied the allegations. So, too, has Paterno's family, though it reserved more extensive comment until its own report was complete.

The counter-offensive began in earnest this weekend. The family's findings said that Paterno:

— Never asked or told anyone not to investigate an allegation made against Sandusky 12 years ago, Saturday, Feb. 9, 2001.

— Never asked or told former administrators not to report the 2001 allegation.

— And never asked or told anyone not to discuss or hide information reported by graduate assistant Mike McQueary about the 2001 allegation.

"Paterno reported the information to his superior(s) pursuant to his understanding of university protocol and relied upon them to investigate and report as appropriate," the family's analysis said.

Paterno's widow, Sue, broke her silence Friday in a letter to hundreds of former players informing them of the report's impending release. "The Freeh report failed and if it is not challenged and corrected, nothing worthwhile will have come from these tragic events," she wrote.

"I had expected to find Louis Freeh had done his usual thorough and professional job," Thornburgh said in a video posted on paterno.com. "I found the report to be inaccurate in some respects, speculative and unsupported to the record compiled ... in short, fundamentally flawed as to the determinations made to the role — if any — Mr. Paterno played in any of this."

Freeh was brought in to conduct an independent investigation of the school's response to allegations and find any shortcomings in governance and compliance to make sure failures don't happen again, Penn State said in a statement Sunday. Freeh made 119 recommendations to strengthen policies, and the majority have been implemented, according to the school.

University trustees and leaders have been criticized by some dissatisfied alumni, ex-players and community residents for their handling of Paterno's dismissal, the Freeh report and the sanctions.

"It is understandable and appreciated that people will draw their own conclusions and opinions from the facts uncovered in the Freeh report," the school said.

Freeh, in his report, said his team conducted 430 interviews and analyzed over 3.5 million emails and documents. The former federal judge said evidence showed Paterno was involved in an "active agreement to conceal" and his report cited email exchanges, which referenced Paterno, between administrators about allegations against Sandusky in 1998 and 2001.

According to Thornburgh's findings, Freeh's report relied on about 30 documents, including three notes authored by Paterno, and 17 emails. Four emails referenced Paterno — none sent by the octogenarian coach who notoriously shunned modern electronic technology.

Sandusky, 69, was sentenced to at least 30 years in prison in October after being convicted last summer of 45 criminal counts. Prosecutors said assaults occurred off and on campus, including the football building.

His arrest in November 2011 triggered the turmoil that led to Paterno's firing days later. Under pressure, Spanier left as president the same day. Curley was placed on administrative leave, while Schultz retired.

Spanier, Curley and Schultz are awaiting trial on obstruction and conspiracy, among other charges. They have maintained their innocence.

Critics have said that Freeh's team didn't speak with key figures including Curley, Schultz and Paterno, who died in January 2012 at age 85. The authors of the emails referenced in Freeh's report, which included Curley and Schultz, were not interviewed by Freeh, the family's analysis said.

Spanier spoke to Freeh six days before the report was released July 12.

"They missed so many key people. They didn't interview most of the key players, with the exception of President Spanier, who at the last minute we brought in and interviewed at a time when frankly the report ... was pretty well all prepared," Thornburgh said on the video.

Freeh said he respected the family's right to conduct a campaign to "shape the legacy of Joe Paterno," but called the critique self-serving. Paterno's attorney was contacted for an interview with the coach, he said, and Paterno spoke with a reporter and biographer before his death but not Freeh's team.

Curley and Schultz also declined numerous requests for interviews, Freeh said. They have been facing criminal charges since November 2011.

Freeh on Sunday cited grand jury testimony by Paterno in 2011 in which Paterno said a graduate assistant relayed to him the 2001 allegation against Sandusky of a "sexual nature" with a child.

He referred to a key point in the July report in which he said Spanier, Schultz and Curley drew up a plan that called for reporting Sandusky to the state Department of Public Welfare in 2001. But Curley later said in an email that he changed his mind "after giving it more thought and talking it over with Joe," according to Freeh's findings.

Said Freeh on Sunday: "These men exhibited a striking lack of empathy for Sandusky's victims by failing to inquire as to their safety and well-being, especially by not even attempting to determine the identity of the child" in the 2001 allegation.

The Paterno family report said Freeh chose not to "present alternative, more plausible, conclusions" about Paterno's actions. Their attorney, Wick Sollers, responded Sunday that Freeh didn't take the time to read the family's critique, or address accusations of procedural shortcomings.

"A failure to consider the facts carefully is exactly the problem our expert analysis highlights," Sollers said. "Everyone, including Mr. Freeh, should take the time to study this report."

Sue Paterno had directed Sollers, to review Freeh's report and her husband's actions. Sollers brought in Thornburgh, as well as former FBI profiler and special agent Jim Clemente, described as a child molestation and behavioral expert.

Also brought in was Dr. Fred Berlin, a psychologist from Johns Hopkins Hospital and School of Medicine whose profile lists him as the founder of the Johns Hopkins Sexual Disorders Clinic.

The analysis included interviews, including of Paterno before his death, as well as a review of documents and testimony and "information from our access to the lawyers for other Penn State administrators."

The Paterno family's analysis said Freeh's report turned into a platform for scapegoating Paterno rather than seizing on an opportunity to educate about identifying child sex abuse victims, and ignored "decades of expert research and behavioral analysis regarding the appropriate way to understand and investigate a child victimization case."

It said expert analysis showed Sandusky "fooled qualified child welfare professionals and law enforcement, as well as laymen inexperienced and untrained in child sexual victimization like Joe Paterno." The coach respected Sandusky as an assistant, but knew little about Sandusky's personal life, the analysis said, though Freeh's report "missed that they disliked each other personally, had very little in common outside work, and did not interact much if at all socially."

Actions by entities outside of Penn State were not a focus for Freeh's review. "This was an internal investigation into Penn State's response ... and that is how the University has utilized the report," the school said.

Penn State removed a bronze statue of Paterno outside Beaver Stadium on July 22. The next day, the NCAA in levying sanctions said Freeh's report revealed "an unprecedented failure of institutional integrity leading to a culture in which a football program was held in higher esteem."

The NCAA improperly relied on that report and never identified a rules infraction "based on Sandusky's crimes, much less an infraction by Penn State that implicated the NCAA's jurisdiction and core mission of ensuring competitive balance," the Paterno family report said.

An NCAA spokeswoman said the organization stood by its previous statements and declined comment Sunday.

A four-year bowl ban and steep scholarship cuts were included among the sanctions, while 111 wins between 1998 and 2011 under Paterno were vacated. It meant Paterno no longer holds the record for most wins by a major college coach.

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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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Russia Detains 271 in St. Petersburg Security Raid

MOSCOW — Russian police and security officials in St. Petersburg detained 271 people, mostly migrants from Central Asia and the North Caucasus region, during a raid on Friday on Muslim prayer rooms at a central market. They said the raid was carried out to check residency permits and to eliminate networks of religious extremists planning terrorist attacks.

A statement published Friday night by the regional investigative committee said the authorities were verifying the documents of the detainees, who include citizens of Azerbaijan, Tajikistan and Uzbekistan, as well as an Egyptian and an Afghan.

The federal migration service began deportation procedures on Saturday for 10 of the detainees, and about 30 were found to be in violation of Russian migration laws, an official told the news agency RIA Novosti.

The police said one man from southern Russia, Murat Sarbashev, was suspected of distributing extremist literature and video clips showing terrorist acts in 2010 and 2011.

Video broadcast on Russian television showed heavily armed riot police officers pulling men out of the market and pushing them into waiting buses.

Security officials in St. Petersburg say an extremist group is operating in the city and has been planning terrorist attacks. The raid was intended to uncover “extremist literature, weapons, objects and documents relevant to criminal cases, and people who have carried out such crimes,” the statement said. The authorities have opened a case and are searching for evidence pointing to the incitement of terrorism and hatred; a conviction on that charge carries a maximum sentence of seven years in prison.

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