Johnson & Johnson Hid Flaw in Artificial Hip, Documents Show

Johnson & Johnson executives knew years before they recalled a troubled artificial hip in 2010 that it had a critical design flaw, but the company concealed that information from physicians and patients, according to internal company documents disclosed Friday during a trial over the device’s failure.

The medical device giant had received complaints from doctors about the device, the Articular Surface Replacement, or A.S.R., even as it started marketing a version of it in 2005 in the United States. The A.S.R.’s flaw caused it to shed large quantities of metallic debris after implant and the model failed an internal 2007 test in which engineers compared its performance to another company hip implant, the documents show.

Still, executives of the company’s DePuy Orthaepedics unit kept selling the A.S.R. even as it was being abandoned by an increasing number of surgeons who were working as consultants to the company. DePuy executives discussed ways of fixing the defect but apparently never did so, the records suggest.

The documents were introduced Friday in Los Angeles Superior Court by plaintiffs’ lawyers during opening arguments in the first A.S.R.-related lawsuit to go to trial. The company faces more than 10,000 lawsuits in the United States in connection with the device. An estimated 93,000 patients worldwide received an A.S.R., about one-third of them in the United States.

For their part, DePuy executives insisted before the A.S.R.’s recall in mid-2010 that the implant was working well despite years of complaints from doctors that it was failing early. In late 2009, the company announced plans to phase out the model but said it was doing so because of slowing sales, not safety concerns.

In opening arguments, a lawyer for DePuy, Alexander Calfo, reiterated those positions, telling jurors that DePuy had acted ethically throughout the entire A.S.R. episode.

“The evidence will show that DePuy acted as an extremely responsible manufacturer,” Mr. Calfo said.

But a lawyer for Loren Kransky, the plaintiff in the case, painted a far different picture of DePuy’s behavior for jurors in his opening arguments.

The lawyer, Michael Kelly, also introduced a number of internal records which suggested that the concern of company executives for profits might have exceeded their worries about patients. For example, Mr. Kelly said, DePuy officials never told doctors that the A.S.R. had failed an internal performance test against another company hip.

“They did not report the data to American doctors,” said Mr. Kelly. “They changed the test and tested it against other things until they found one it could beat.”

The A.S.R. represents one of the biggest medical device failures in recent decades. According to DePuy’s internal estimates, it will fail within five years in about 40 percent of patients who got one. That figure is eight times the failure rate of most orthopedic implants.

The A.S.R. belonged to a once-popular class of hip implants introduced about a decade ago as a way of trying to address problems associated with hips made from traditional materials like metal and plastic. But surgeons have largely abandoned them because their components can grind together, releasing metallic debris that damages a patient’s tissue and bone.

The A.S.R. was sold in two versions, one used in an alternative hip replacement called resurfacing and one used in standard hip replacement. Only the version used in standard replacements was sold in the United States.

In 2003, DePuy began selling the resurfacing version of the A.S.R. outside the United States in an effort to catch up with a competing device known as the Birmingham hip. But by 2005, some doctors began telling DePuy that the A.S.R. was failing quickly after implant and company consultants soon stopped using it, records show.

The problem, internal DePuy records indicate, was the design of the cup component that fit into a patient’s hip socket. The cup, which was used in both the resurfacing and standard versions of the A.S.R., had an inside groove against which a surgeon pressed a tool in order to implant the component.

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DealBook: S.E.C. Pick Is Ex-Prosecutor, in Signal to Wall Street

3:30 p.m. | Updated

President Obama announced Thursday his nomination of Mary Jo White, a former federal prosecutor turned white-collar defense lawyer, to be the next chairwoman of the Securities and Exchange Commission.

In a short ceremony at the White House, Mr. Obama also said he was renominating Richard Cordray as director of the Consumer Financial Protection Bureau, a post Mr. Cordray has held under a temporary recess appointment without Senate approval for the past year. The president portrayed both selections as a way of preventing a financial crash like the one he inherited four years ago.

“It’s not enough to change the law,” Mr. Obama said. “We also need cops on the beat to enforce the law.”

Mr. Obama noted that Ms. White was a childhood fan of “The Hardy Boys,” just as he was. He added that as the United States attorney in New York in the 1990s she “built a career the Hardy Boys could only dream of.”

He noted that she prosecuted money launderers, mobsters and terrorists. “I’d say that’s a pretty good run,” he said. “You don’t want to mess with Mary Jo. As one former S.E.C. chairman said, Mary Jo does not intimidate easily.”

Mr. Obama likewise pressed the Senate to finally confirm Mr. Cordray to the leadership of the consumer agency created by the Wall Street regulation law passed in 2010. The president installed Mr. Cordray as director last January without Senate approval using his recess appointment power, but his term will expire at the end of the year unless he wins approval from the upper chamber of Congress.

“Financial institutions have plenty of lobbyists looking out for their interests,” Mr. Obama said. “The American people need Richard to keep standing up for them. And there’s absolutely no excuse for the Senate to wait any longer to confirm him.”

Ms. White and Mr. Cordray spoke only briefly. Ms. White said if confirmed she would work “to protect investors and to ensure the strength, efficiency and the transparency of our capital markets.” Mr. Cordray said that during his short tenure he has “been focused on making consumer finance markets work better for the American people” and approached it “with open minds, open ears and great determination.”

Regulatory chiefs are often market experts or academics. But Ms. White spent nearly a decade as the United States attorney in New York, the first woman named to this post. Among her prominent cases, she oversaw the prosecution of the mafia boss John Gotti as well as the people responsible for the 1993 World Trade Center bombing. She is now working the other side, defending Wall Street firms and executives as a partner at Debevoise & Plimpton.

As the attorney general of Ohio, Mr. Cordray made a name for himself suing Wall Street companies in the wake of the financial crisis. He undertook a series of prominent lawsuits against big names in the finance world, including Bank of America and the American International Group.

The White House expects Ms. White, 65, and Mr. Cordray, 53, to draw on their prosecutorial backgrounds while carrying out a broad regulatory agenda under the Dodd-Frank Act. Congress enacted the law, which mandates a regulatory overhaul, in response to the 2008 financial crisis.

Jay Carney, the White House press secretary, said Ms. White has “an incredibly impressive resume” and that her appointment along with the renomination of Mr. Cordray sends an important signal.

“The president believes that appointment and the renomination he’s making today demonstrate the commitment he has to carrying out Wall Street reform, making sure we have the rules of the road that are necessary and that are being enforced in a way” to avoid a crisis like that of 2008, Mr. Carney said.

Another White House official added that Ms. White and Mr. Cordray will “serve in top enforcement roles” in part so that “Wall Street is held accountable and middle-class Americans never again are harmed by the abuses of a few.”

Ms. White will succeed Elisse B. Walter, a longtime S.E.C. official, who took over as chairwoman after Mary L. Schapiro stepped down as the agency’s leader in December. Mr. Cordray joined the consumer bureau in 2011 as its enforcement director.

The nominations could face a mixed reception in Congress. Republicans had previously vowed to block any candidate for the consumer bureau, leading to the recess appointment. It is unclear whether the White House and Mr. Cordray will face another standoff the second time around.

Mr. Carney argued that there were no substantive objections to Mr. Cordray’s confirmation, only political ones. “He is absolutely the right person for the job,” Mr. Carney said.

Ms. White is expected to receive broader support on Capitol Hill. Senator Charles E. Schumer, a New York Democrat, declared that Ms. White was a “tough-as-nails prosecutor” who “will not shy away from enforcing the laws to ensure that markets operate fairly.”

But she could face questions about her command of arcane financial minutiae. She was a director of the Nasdaq stock market, but has otherwise built her career on the law-and-order side of the securities industry.

People close to the S.E.C. note, however, that her husband, John W. White, is a veteran of the agency. From 2006 through 2008, he was head of the S.E.C.’s division of corporation finance, which oversees public companies’ disclosures and reporting.

Some Democrats also might question her path through the revolving door, in and out of government. While seen as a strong enforcer as a United States attorney, she went on in private practice to defend some of Wall Street’s biggest names, including Kenneth D. Lewis, a former head of Bank of America. She also represented JPMorgan Chase and the board of Morgan Stanley. Last year, the N.F.L. hired her to investigate allegations that the New Orleans Saints carried out a bounty system for hurting opponents.

Consumer advocates generally praised her appointment on Thursday. “Mary Jo White was a tough, smart, no-nonsense, broadly experienced and highly accomplished prosecutor,” said Dennis Kelleher, head of Better Markets, the nonprofit advocacy group. “She knew who the bad guys were, went after them and put them in prison when they broke the law.”

The appointment comes after the departure of Ms. Schapiro, who announced she would step down from the S.E.C. in late 2012. In a four-year tenure, she overhauled the agency after it was blamed for missing the warning signs of the crisis.

Since her exit, Washington and Wall Street have been abuzz with speculation about the next S.E.C. chief. President Obama quickly named Ms. Walter, then a Democratic commissioner at the agency, but her appointment was seen as a short-term solution. It is unclear if she will shift back to the commissioner role if Ms. White is confirmed.

In the wake of Ms. Schapiro’s exit, several other contenders surfaced, including Sallie L. Krawcheck, a longtime Wall Street executive. Richard G. Ketchum, chairman and chief executive of the Financial Industry Regulatory Authority, Wall Street’s internal policing organization, was also briefly mentioned as a long-shot contender.

Kitty Bennett contributed reporting.

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Nintendo Reaches into Wii U Grab Bag, Pulls Out Some Vague, Some Fascinating Promises

It’s been a ho-hum 2013 for Nintendo’s Wii U so far: some carry-over posturing about scads of “launch window” titles, but less than a handful of games with bankable release dates. When I checked the hopper for January, February and March, I counted four, maybe five Wii U titles with firm dates, all of them least a month or two off.

That’s not how you move systems, and Nintendo ran damage control Wednesday morning by trotting out company president Satoru Iwata in a broad-ranging (and reaching) “Wii U Direct” video effort to soothe jittery system owners and would-be buyers still waiting for slam dunks. Call it Nintendo circling its wagons…or maybe just an “if you squint you can make it out on the horizon” wagon-train parade.

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“In past Nintendo dialogues, we have focused more on games releasing in the near future, but it’s still early in 2013, so I’d like to change the format a little bit,” said Iwata before launching into a sneak preview of what Nintendo has cooking.

For starters, Iwata says the Wii U will see at least two major system updates this year: one in the spring, another during the summer. Arguably the most important of these involves a desperately needed fix for the crazy-long time it takes to launch apps or reload the Wii U Menu — a process that can take up to 30 seconds. Imagine if each time you backed out of an iOS app it took half a minute to bring up iOS’s icon overlay. That’d be insane, and it’s a shame quality control didn’t view load times as prohibitive enough to remedy before the launch in November. Thank goodness Nintendo’s working to put things right.

Iwata also mentioned finally debuting the long-awaited Wii U Virtual Console – Nintendo’s vehicle to sell old-school NES and Super NES games – just after the spring system update. The Virtual Console’s been missing in action since the Wii U launched, despite its longstanding availability on the original Wii. That, according to Iwata, is because Wii U Virtual Console games are poised to offer features their Wii counterparts didn’t, like being able to save backups of your game progress, the option to play away from the TV on the Wii U GamePad, access to Miiverse communities for these older games and support for additional platforms like the Game Boy Advance (never released on the Wii Virtual Console).

If you’ve already purchased the Wii Virtual Console version of a game, it sounds like you’ll have to pay again, though Nintendo says you’ll get “special pricing”: regularly priced games will run $ 5 to $ 6 (NES) or $ 8 to $ 9 (SNES), with those prices dropping to $ 1 and $ 1.50, respectively, if you bought the game for Wii Virtual Console. It’s better than no discount, I suppose, and Nintendo can probably justify the nominal buck to buck-and-a-half for research and development on the Wii U Virtual Console’s extras (it’s certainly taking the company long enough to pull everything together).

If you’d rather not wait for spring, Nintendo’s running a beta dubbed “Wii U Virtual Console Trial Campaign”: Between January and July, Nintendo will release a classic title every 30 days for $ 0.30 a pop (Nintendo’s tied the pricing and release timeframes in with the original Famicom‘s 30th anniversary in Japan, coming up this July). After July, the prices of the discounted titles will bounce back to normal, but you’ll be able to buy them at the reduced price if you participated in the beta. The games list is none too shabby, either: Balloon Fight, F-Zero, Punch-Out!!, Kirby’s Adventure, Super Metroid, Yoshi and Donkey Kong.

Wii U Virtual Console sounds like a clever little diversion for Nintendo wonks, but let’s not forget how fuzzy these games look nowadays on resolution-locked flat-screens. It’s not that I want high-res versions — these things are what they are at their native pixel counts — but you wouldn’t lay wax paper over a Monet, would you?

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Let’s cut to the chase: Nintendo fans want to know where the next Zelda game is, what comes after Super Mario Galaxy 2, when they’ll be able to sample the Wii U’s take on Mario Kart, what’s up with the next Super Smash Bros. game and so forth.

Iwata confirmed that Nintendo won’t offer new games in January or February and apologized for this, but said “Nintendo takes seriously its responsibility to offer a steady stream of new titles in the very early days of a new platform to establish a good lineup of software.” Why the delay? Because, says Iwata, “We firmly believe we have to offer quality experiences when we release new titles.” No argument there.

What’s coming between spring and summer? Iwata identified several titles: Game & Wario, Wii Fit U, Pikmin 3, LEGO City Undercover and The Wonderful 101. But don’t get too excited: These were originally slated to hit by March.

We also caught another glimpse of Bayonetta 2 (as well as the female protagonist’s backside), heard a bit about Super Smash Bros. U and why it’ll probably be a while before we see it (screens at E3), and then Iwata talked about, well, a bunch of stuff we already knew was in the offing: a new unnamed Super Mario game by the team that developed the Super Mario Galaxy and Super Mario 3D Land platformers, a new Mario Kart racer (both set to be playable at E3) and a new Wii Party game (Iwata showed video of someone shaking a Wii U GamePad to roll dice as well as two players using a GamePad like a mini-foosball table).

More intriguing were the two unannounced new games, like one from the developers behind Kirby’s Epic Yarn starring Yoshi (a kind of sequel to Yoshi’s Story for the Nintendo 64) or — wait for it JRPG wonks — a Shin Megami Tensei / Fire Emblem crossover from Atlus.

Last but not least, Iwata revealed the company’s plans for Zelda on the Wii U. The really good news: Nintendo says it’s planning to “rethink the conventions of Zelda,” tinkering with tenets like dungeon linearity and solo play. The merely good news: Nintendo’s remastering Zelda: The Wind Waker in HD for the system and tweaking the gameplay. The bad-good news: You’ll probably have to wait a long time for the new Zelda, but you’ll get The Wind Waker HD by “this fall.”

But the best news of all, from where I’m sitting: Taking a page from Apple, Iwata closed by invoking “one more important topic”: a new Wii U game from Monolith Soft, the company responsible for Xenoblade Chronicles, the best roleplaying game on any game system released in…well, when was Final Fantasy XII released? Has it been seven years already?

All told, a mixed performance from Nintendo, but here’s the thing: However vague much of the information in Iwata’s presentation was, I love the dignified, spare, wonderfully thorough way Nintendo’s chosen to address its audience lately. By contrast, I feel like a need to shower after watching most Microsoft/Sony pressers.

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Gaming News Headlines – Yahoo! News

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Reports: JJ Abrams to direct next 'Star Wars'

LOS ANGELES (AP) — Another universe of sci-fi fans has been put in the hands of J.J. Abrams.

According to multiple trade reports, Abrams, 46, is set to direct the next installment of "Star Wars," which Disney has said will be "Episode 7" and due out in 2015. Disney bought "Star Wars" maker Lucasfilm last month for $4.06 billion.

The Emmy-award-winning director of the TV show "Lost" also captained the reboot of "Star Trek" for rival studio Paramount Pictures, with the next installment in that series, "Star Trek: Into Darkness," set to hit theaters May 17.

Citing unnamed sources, the news was reported earlier by Hollywood trade outlets The Wrap, Deadline, The Hollywood Reporter and Daily Variety.

Messages left by The Associated Press for Abrams' representatives as well as Disney and Lucasfilm were not immediately returned.

Soon after the news broke Thursday afternoon, websites were flush with chatter. On Twitter, "J.J. Abrams," ''Star Wars" and "(hash)Star Trek" were all trending topics.

Roberto Orci, a producer and writer who has worked with Abrams on "Star Trek," ''Star Trek: Into Darkness," and "Mission: Impossible III," appeared to confirm the reports on Twitter. In response to a question about Abrams' involvement, Orci tweeted back "True!" He also responded to a Spanish-speaking questioner, "Creo que si!" ("I think so.")

Despite denying his interest in directing the next "Star Wars" following The Walt Disney Co.'s October announcement, many people pegged Abrams as the most obvious choice.

Abrams spoke about the plot of the original "Star Wars" in the lecture series "TED Talks" in March 2007, and reportedly became enamored of "Lost" co-creator Damon Lindelof partly because Lindelof was wearing a "Star Wars" T-shirt when they first met.

In 2009, Abrams told the Los Angeles Times: "As a kid, 'Star Wars' was much more my thing than 'Star Trek' was."

Abrams also worked with Lucasfilm's Industrial Light and Magic special effects division for "Mission: Impossible III."

He is the second big name associated with the new "Star Wars" films to be launched under the Disney umbrella. Late last year, Lucasfilm confirmed that Michael Arndt, who wrote "Little Miss Sunshine" and "Toy Story 3" would pen the screenplay for "Episode 7."

Adam Frazier, a staff writer for the entertainment website GeeksofDoom.com, said Abrams should be able to make the next "Star Wars" original but at the same time appease longtime fans.

"He took the 'Star Trek' franchise, which was just drowning in misery, and he was able to bring that back to life," Frazier said. "If there's anyone that can do it with 'Star Wars' I think it's him."

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The New Old Age Blog: Grief Over New Depression Diagnosis

When the American Psychiatric Association unveils a proposed new version of its Diagnostic and Statistical Manual of Mental Disorders, the bible of psychiatric diagnoses, it expects controversy. Illnesses get added or deleted, acquire new definitions or lists of symptoms. Everyone from advocacy groups to insurance companies to litigators — all have an interest in what’s defined as mental illness — pays close attention. Invariably, complaints ensue.

“We asked for commentary,” said David Kupfer, the University of Pittsburgh psychiatrist who has spent six years as chairman of the task force that is updating the handbook. He sounded unruffled. “We asked for it and we got it. This was not going to be done in a dark room somewhere.”

But the D.S.M. 5, to be published in May, has generated an unusual amount of heat. Two changes, in particular, could have considerable impact on older people and their families.

First, the new volume revises some of the criteria for major depressive disorder. The D.S.M. IV (among other changes, the new manual swaps Roman numerals for Arabic ones) set out a list of symptoms that over a two-week period would trigger a diagnosis of major depression: either feelings of sadness or emptiness, or a loss of interest or pleasure in most daily activities, plus sleep disturbances, weight loss, fatigue, distraction or other problems, to the extent that they impair someone’s functioning.

Traditionally, depression has been underdiagnosed in older adults. When people’s health suffers and they lose friends and loved ones, the sentiment went, why wouldn’t they be depressed? A few decades back, Dr. Kupfer said, “what was striking to me was the lack of anyone getting a depression diagnosis, because that was ‘normal aging.’” We don’t find depression in old age normal any longer.

But critics of the D.S.M. 5 now argue that depression may become overdiagnosed, because this version removes the so-called “bereavement exclusion.” That was a paragraph that cautioned against diagnosing depression in someone for at least two months after loss of a loved one, unless that patient had severe symptoms like suicidal thoughts.

Without that exception, you could be diagnosed with this disorder if you are feeling empty, listless or distracted, a month after your parent or spouse dies.

“D.S.M. 5 is medicalizing the expected and probably necessary process of mourning that people go through,” said Allen Frances, a professor emeritus at Duke who chaired the D.S.M. IV task force and has denounced several of the changes in the new edition. “Most people get better with time and natural healing and resilience.”

If they are diagnosed with major depression before that can happen, he fears, they will be given antidepressants they may not need. “It gives the drug companies the right to peddle pills for grief,” he said.

An advisory committee to the Association for Death Education and Counseling also argued that bereaved people “will receive antidepressant medication because it is cheaper and ‘easier’ to medicate than to be involved therapeutically,” and noted that antidepressants, like all medications, have side effects.

“I can’t help but see this as a broad overreach by the APA,” Eric Widera, a geriatrician at the University of California, San Francisco, wrote on the GeriPal blog. “Grief is not a disorder and should be considered normal even if it is accompanied by some of the same symptoms seen in depression.”

But Dr. Kupfer said the panel worried that with the exclusion, too many cases of depression could be overlooked and go untreated. “If these things go on and get worse over time and begin to impair someone’s day to day function, we don’t want to use the excuse, ‘It’s bereavement — they’ll get over it,’” he said.

The new entry for major depressive disorder will include a note — the wording isn’t final — pointing out that while grief may be “understandable or appropriate” after a loss, professionals should also consider the possibility of a major depressive episode. Making that distinction, Dr. Kupfer said, will require “good solid clinical judgment.”

Initial field trials testing the reliability of D.S.M. 5 diagnoses, recently published in The American Journal of Psychiatry, don’t bolster confidence, however. An editorial remarked that “the end results are mixed, with both positive and disappointing findings.” Major depressive disorder, for instance, showed “questionable reliability.”

In an upcoming post, I’ll talk more about how patients might respond to the D.S.M. 5, and to a new diagnosis that might also affect a lot of older people — mild neurocognitive disorder.

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

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This post has been revised to reflect the following correction:

Correction: January 24, 2013

An earlier version of this post misspelled the surname of a professor emeritus at Duke who chaired the D.S.M. IV task force. He is Allen Frances, not Francis.

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DealBook: S.E.C. Pick Is Ex-Prosecutor, in Signal to Wall Street

3:30 p.m. | Updated

President Obama announced Thursday his nomination of Mary Jo White, a former federal prosecutor turned white-collar defense lawyer, to be the next chairwoman of the Securities and Exchange Commission.

In a short ceremony at the White House, Mr. Obama also said he was renominating Richard Cordray as director of the Consumer Financial Protection Bureau, a post Mr. Cordray has held under a temporary recess appointment without Senate approval for the past year. The president portrayed both selections as a way of preventing a financial crash like the one he inherited four years ago.

“It’s not enough to change the law,” Mr. Obama said. “We also need cops on the beat to enforce the law.”

Mr. Obama noted that Ms. White was a childhood fan of “The Hardy Boys,” just as he was. He added that as the United States attorney in New York in the 1990s she “built a career the Hardy Boys could only dream of.”

He noted that she prosecuted money launderers, mobsters and terrorists. “I’d say that’s a pretty good run,” he said. “You don’t want to mess with Mary Jo. As one former S.E.C. chairman said, Mary Jo does not intimidate easily.”

Mr. Obama likewise pressed the Senate to finally confirm Mr. Cordray to the leadership of the consumer agency created by the Wall Street regulation law passed in 2010. The president installed Mr. Cordray as director last January without Senate approval using his recess appointment power, but his term will expire at the end of the year unless he wins approval from the upper chamber of Congress.

“Financial institutions have plenty of lobbyists looking out for their interests,” Mr. Obama said. “The American people need Richard to keep standing up for them. And there’s absolutely no excuse for the Senate to wait any longer to confirm him.”

Ms. White and Mr. Cordray spoke only briefly. Ms. White said if confirmed she would work “to protect investors and to ensure the strength, efficiency and the transparency of our capital markets.” Mr. Cordray said that during his short tenure he has “been focused on making consumer finance markets work better for the American people” and approached it “with open minds, open ears and great determination.”

Regulatory chiefs are often market experts or academics. But Ms. White spent nearly a decade as the United States attorney in New York, the first woman named to this post. Among her prominent cases, she oversaw the prosecution of the mafia boss John Gotti as well as the people responsible for the 1993 World Trade Center bombing. She is now working the other side, defending Wall Street firms and executives as a partner at Debevoise & Plimpton.

As the attorney general of Ohio, Mr. Cordray made a name for himself suing Wall Street companies in the wake of the financial crisis. He undertook a series of prominent lawsuits against big names in the finance world, including Bank of America and the American International Group.

The White House expects Ms. White, 65, and Mr. Cordray, 53, to draw on their prosecutorial backgrounds while carrying out a broad regulatory agenda under the Dodd-Frank Act. Congress enacted the law, which mandates a regulatory overhaul, in response to the 2008 financial crisis.

Jay Carney, the White House press secretary, said Ms. White has “an incredibly impressive resume” and that her appointment along with the renomination of Mr. Cordray sends an important signal.

“The president believes that appointment and the renomination he’s making today demonstrate the commitment he has to carrying out Wall Street reform, making sure we have the rules of the road that are necessary and that are being enforced in a way” to avoid a crisis like that of 2008, Mr. Carney said.

Another White House official added that Ms. White and Mr. Cordray will “serve in top enforcement roles” in part so that “Wall Street is held accountable and middle-class Americans never again are harmed by the abuses of a few.”

Ms. White will succeed Elisse B. Walter, a longtime S.E.C. official, who took over as chairwoman after Mary L. Schapiro stepped down as the agency’s leader in December. Mr. Cordray joined the consumer bureau in 2011 as its enforcement director.

The nominations could face a mixed reception in Congress. Republicans had previously vowed to block any candidate for the consumer bureau, leading to the recess appointment. It is unclear whether the White House and Mr. Cordray will face another standoff the second time around.

Mr. Carney argued that there were no substantive objections to Mr. Cordray’s confirmation, only political ones. “He is absolutely the right person for the job,” Mr. Carney said.

Ms. White is expected to receive broader support on Capitol Hill. Senator Charles E. Schumer, a New York Democrat, declared that Ms. White was a “tough-as-nails prosecutor” who “will not shy away from enforcing the laws to ensure that markets operate fairly.”

But she could face questions about her command of arcane financial minutiae. She was a director of the Nasdaq stock market, but has otherwise built her career on the law-and-order side of the securities industry.

People close to the S.E.C. note, however, that her husband, John W. White, is a veteran of the agency. From 2006 through 2008, he was head of the S.E.C.’s division of corporation finance, which oversees public companies’ disclosures and reporting.

Some Democrats also might question her path through the revolving door, in and out of government. While seen as a strong enforcer as a United States attorney, she went on in private practice to defend some of Wall Street’s biggest names, including Kenneth D. Lewis, a former head of Bank of America. She also represented JPMorgan Chase and the board of Morgan Stanley. Last year, the N.F.L. hired her to investigate allegations that the New Orleans Saints carried out a bounty system for hurting opponents.

Consumer advocates generally praised her appointment on Thursday. “Mary Jo White was a tough, smart, no-nonsense, broadly experienced and highly accomplished prosecutor,” said Dennis Kelleher, head of Better Markets, the nonprofit advocacy group. “She knew who the bad guys were, went after them and put them in prison when they broke the law.”

The appointment comes after the departure of Ms. Schapiro, who announced she would step down from the S.E.C. in late 2012. In a four-year tenure, she overhauled the agency after it was blamed for missing the warning signs of the crisis.

Since her exit, Washington and Wall Street have been abuzz with speculation about the next S.E.C. chief. President Obama quickly named Ms. Walter, then a Democratic commissioner at the agency, but her appointment was seen as a short-term solution. It is unclear if she will shift back to the commissioner role if Ms. White is confirmed.

In the wake of Ms. Schapiro’s exit, several other contenders surfaced, including Sallie L. Krawcheck, a longtime Wall Street executive. Richard G. Ketchum, chairman and chief executive of the Financial Industry Regulatory Authority, Wall Street’s internal policing organization, was also briefly mentioned as a long-shot contender.

Kitty Bennett contributed reporting.

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Union Membership Drops Despite Job Growth

Max Whittaker for The New York Times

Firefighters protested a law curbing collective bargaining rights in Wisconsin in 2011. Union membership fell by 13 percent in the state last year.

The long, slow decline in the number of American workers belonging to labor unions accelerated sharply last year, according to data reported on Wednesday, sending the unionization rate to its lowest level in a century.

The Bureau of Labor Statistics said the total number of union members fell by 400,000 last year even though the nation’s overall employment rose by 2.4 million nationwide last year. The percentage of workers in unions fell to 11.3 percent, down from 11.8 percent in 2011, the bureau found in its annual report on union membership. That brought unionization to its lowest level since 1912, when it was 11.1 percent, according to a study by two Rutgers economists, Leo Troy and Neil Sheflin.

There were several reasons for the steep one-year decline in union membership, according to labor experts. Most prominent were new laws that capped the power of unions in Wisconsin, Indiana and other states. But the continued expansion by manufacturers like Caterpillar and Boeing in non-union states, and the growth of sectors like retail and restaurants, where unions have little presence, also contributed.

“These numbers are very discouraging for labor unions,” said Gary Chaison, a professor of industrial relations at Clark University. “It’s a time for unions to stop being clever about excuses for why membership is declining, and it’s time to figure out how to devise appeals to the workers out there.”

Labor unions have boasted of their political successes in helping to re-elect President Obama and helping Democrats to pick up seats in the House and the Senate.

But the figures announced by the Bureau of Labor Statistics point to grave problems for the future of organized labor. The portion of private-sector workers in unions fell to just 6.6 percent last year, from 6.9 percent in 2011, causing some labor experts to question whether unions are sinking toward irrelevance in the private sector.

The report showed particular drops in union membership in two sectors where unions have long been strong: local government employees and manufacturing workers.

Union membership showed sharp drops in union membership in Wisconsin, which passed a law in 2011 curbing the collective bargaining rights of many public employees, and Indiana, which enacted a “right to work” law last January that may have prompted many workers to drop their union membership to avoid having to pay union dues or union fees. The B.L.S. report showed that union membership fell by 13 percent last year in Wisconsin and by 18 percent in Indiana — both unusually large numbers for a single year.

Barry Hirsch, a labor economist at Georgia State University, said an analysis he conducted found that the number of government employees in Wisconsin who belong to a union slid by 48,000 last year, to 139,000 from 187,000, as many public-sector workers evidently decided to quit their unions after the Republican-led legislature stripped them of most of their bargaining rights.

Speaking about the nation as a whole, Professor Hirsch said: “I am really surprised that the drop in unionization was as large as it is in a single year, and it was particularly big in the public sector. It does seem you are seeing reductions in some of the states that you might expect.”

For instance, in Indiana, where the “right to work” law took effect last March, unionization dropped to 9.1 percent from 11.3 percent in 2011. Michigan enacted a similar law last month. Such laws bar employers from requiring employees to pay union dues or fees, making union membership less attractive.

The bureau said union membership among public-sector employees fell to 35.9 percent in 2012, from 37.0 percent the previous year. The number of government workers in unions fell by 234,000, as many teachers, police officers and other lost their jobs. There were 7.3 million public employees in unions, compared with 7 million for private-sector workers.

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Let’s Welcome Back Hockey with This ESPN Commercial

We realize there’s only so much time one can spend in a day watching new trailers, viral video clips, and shaky cell phone footage of people arguing on live television. This is why every day The Atlantic Wire highlights the videos that truly earn your five minutes (or less) of attention. Today:  

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Hockey, schmockey. As a whole, the Atlantic Wire staff is sort of ambivalent that the NHL is finally back. (Our Canadian correspondent, however, is thrilled.) But you know what we are thankful for? The ESPN commercial reminding us that the NHL is finally back: 

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These people are awesome (and, hey, maybe some of them play hockey):

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People are awesome, and also quite strange. Like this guy, who offers the world a video review of the Astor CB-100 (totally SFW), and the 33,000+ views his video has already gotten:

And finally, these are ponies in sweaters. Ponies in sweaters, people:

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Voice actor for Charlie Brown arrested in Calif.

SAN DIEGO (AP) — The man who was the voice of Charlie Brown on many "Peanuts" television shows has been charged with stalking and threatening his former girlfriend and a plastic surgeon who gave her a breast enhancement he apparently didn't like.

Peter Robbins pleaded not guilty Wednesday in San Diego Superior Court.

Robbins was arrested Sunday at the San Ysidro Port of Entry after authorities doing a background check upon his return from Mexico spotted a warrant from the San Diego County Sheriff's Department.

Prosecutors say the 56-year-old stalked and threatened his former girlfriend, as well as the plastic surgeon. Authorities say Robbins paid for the breast enhancement.

He is being held on $550,000 bond.

Robbins was the voice of Charlie Brown on "A Charlie Brown Christmas" and other TV specials.

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Well: Long Term Effects on Life Expectancy From Smoking

It is often said that smoking takes years off your life, and now a new study shows just how many: Longtime smokers can expect to lose about 10 years of life expectancy.

But amid those grim findings was some good news for former smokers. Those who quit before they turn 35 can gain most if not all of that decade back, and even those who wait until middle age to kick the habit can add about five years back to their life expectancies.

“There’s the old saw that everyone knows smoking is bad for you,” said Dr. Tim McAfee of the Centers for Disease Control and Prevention. “But this paints a much more dramatic picture of the horror of smoking. These are real people that are getting 10 years of life expectancy hacked off — and that’s just on average.”

The findings were part of research, published on Wednesday in The New England Journal of Medicine, that looked at government data on more than 200,000 Americans who were followed starting in 1997. Similar studies that were done in the 1980s and the decades prior had allowed scientists to predict the impact of smoking on mortality. But since then many population trends have changed, and it was unclear whether smokers today fared differently from smokers decades ago.

Since the 1960s, the prevalence of smoking over all has declined, falling from about 40 percent to 20 percent. Today more than half of people that ever smoked have quit, allowing researchers to compare the effects of stopping at various ages.

Modern cigarettes contain less tar and medical advances have cut the rates of death from vascular disease drastically. But have smokers benefited from these advances?

Women in the 1960s, ’70s and ’80s had lower rates of mortality from smoking than men. But it was largely unknown whether this was a biological difference or merely a matter of different habits: earlier generations of women smoked fewer cigarettes and tended to take up smoking at a later age than men.

Now that smoking habits among women today are similar to those of men, would mortality rates be the same as well?

“There was a big gap in our knowledge,” said Dr. McAfee, an author of the study and the director of the C.D.C.’s Office on Smoking and Public Health.

The new research showed that in fact women are no more protected from the consequences of smoking than men. The female smokers in the study represented the first generation of American women that generally began smoking early in life and continued the habit for decades, and the impact on life span was clear. The risk of death from smoking for these women was 50 percent higher than the risk reported for women in similar studies carried out in the 1980s.

“This sort of puts the nail in the coffin around the idea that women might somehow be different or that they suffer fewer effects of smoking,” Dr. McAfee said.

It also showed that differences between smokers and the population in general are becoming more and more stark. Over the last 20 years, advances in medicine and public health have improved life expectancy for the general public, but smokers have not benefited in the same way.

“If anything, this is accentuating the difference between being a smoker and a nonsmoker,” Dr. McAfee said.

The researchers had information about the participants’ smoking histories and other details about their health and backgrounds, including diet, alcohol consumption, education levels and weight and body fat. Using records from the National Death Index, they calculated their mortality rates over time.

People who had smoked fewer than 100 cigarettes in their lifetimes were not classified as smokers. Those who had smoked at least 100 cigarettes but had not had one within five years of the time the data was collected were classified as former smokers.

Not surprisingly, the study showed that the earlier a person quit smoking, the greater the impact. People who quit between 25 and 34 years of age gained about 10 years of life compared to those who continued to smoke. But there were benefits at many ages. People who quit between 35 and 44 gained about nine years, and those who stopped between 45 and 59 gained about four to six years of life expectancy.

From a public health perspective, those numbers are striking, particularly when juxtaposed with preventive measures like blood pressure screenings, colorectal screenings and mammography, the effects of which on life expectancy are more often viewed in terms of days or months, Dr. McAfee said.

“These things are very important, but the size of the benefit pales in comparison to what you can get from stopping smoking,” he said. “The notion that you could add 10 years to your life by something as straightforward as quitting smoking is just mind boggling.”

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