Oil prices lower in quiet holiday trading

The price of oil fell slightly Monday during a shortened pre-Christmas trading day. Concerns over the political stalemate in Washington continue to be the focus of traders, with the price of U.S. benchmark oil closing down 5 cents to $88.61 a barrel on the New York Mercantile Exchange. Energy traders have been watching Democrats and Republicans clash over tax hikes and social service cuts. Normally, recent good economic data would signal more energy consumption and higher prices. But fears about the "fiscal cliff" have so far tempered prices, according to Phil Flynn of The Price Future Group. "Because of the holiday, a lot of people are sitting on the sidelines," Flynn said. "We've priced in those scenarios and now we're just waiting for something definitive." The average U.S. price for gasoline rose 1.5 cents over the weekend to $3.247 a gallon. Regular unleaded costs nearly two cents more than a year ago. In other energy futures trading: — Brent crude, used to price international varieties of oil, fell 17 cents to $108.80 a barrel. — Natural gas fell 10.5 cents to $3.346 per 1,000 cubic feet. — Heating oil eased 2 cents to $3.00 a gallon. — Wholesale gasoline rose 1.6 cents to $2.75 a gallon.

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Instagram furor triggers first class action lawsuit

Facebook's Instagram photo sharing service has been hit with what appears to be the first civil lawsuit to result from changed service terms that prompted howls of protest last week. In a proposed class action lawsuit filed in San Francisco federal court on Friday, a California Instagram user leveled breach of contract and other claims against the company. "We believe this complaint is without merit and we will fight it vigorously," Facebook spokesman Andrew Noyes said in an e-mail. Instagram, which allows people to add filters and effects to photos and share them easily on the Internet, was acquired by Facebook earlier this year for $715 million. In announcing revised terms of service last week, Instagram spurred suspicions that it would sell user photos without compensation. It also announced a mandatory arbitration clause, forcing users to waive their rights to participate in a class action lawsuit except under very limited circumstances. The current terms of service, in effect through mid-January, contain no such liability shield. The backlash prompted Instagram founder and CEO Kevin Systrom to retreat partially a few days later, deleting language about displaying photos without compensation. However, Instagram kept language that gave it the ability to place ads in conjunction with user content, and saying "that we may not always identify paid services, sponsored content, or commercial communications as such." It also kept the mandatory arbitration clause. The lawsuit, filed by San Diego-based law firm Finkelstein & Krinsk, says customers who do not agree with Instagram's terms can cancel their profile but then forfeit rights to photos they had previously shared on the service. "In short, Instagram declares that 'possession is nine-tenths of the law and if you don't like it, you can't stop us,'" the lawsuit says. Kurt Opsahl, a senior staff attorney with the Electronic Frontier Foundation who had criticized Instagram, said he was pleased that the company rolled back some of the advertising terms and agreed to better explain their plans in the future. However, he said the new terms no longer contain language which had explicitly promised that private photos would remain private. Facebook had engendered criticism in the past, Opsahl said, for changing settings so that the ability to keep some information private was no longer available. "Hopefully, Instagram will learn from that experience and refrain from removing privacy settings," Opsahl said. The civil lawsuit in U.S. District Court, Northern District of California, is Lucy Funes, individually and on behalf of all others similarly situated vs. Instagram Inc., 12-cv-6482.

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Retailers hope late Christmas shoppers bring good cheer

CHICAGO/WHITE PLAINS, New York (Reuters) - Retailers limped into Christmas with last-minute blowout deals on everything from TVs to celebrity-branded clothing, after a disappointing few weeks of sales led many analysts to lower their expectations for the holiday season. Some industry watchers said shoppers were making smaller purchases, even though they are still visiting stores and browsing online. Since the holiday quarter can account for about 30 percent of annual sales and half of profit for many chains, such small distinctions can be crucial. "The attitude of the shopper went from Christmas euphoria on Thanksgiving weekend to more subdued, to less frenetic," said Thom Blischok, chief retail strategist and a senior executive adviser with consulting firm Booz & Company's retail practice. Before the season began, Blischok was looking for sales to rise more than 5 percent in November and December over the same period in 2011. Now, he said a gain of 2 percent to 2.5 percent appears more likely. Research firm ShopperTrak last week said it now expects an increase of 2.5 percent, rather than 3.3 percent. "The season will be an OK season. It won't be as strong as last year, but it won't be maybe as bad as feared heading into it," said Joseph Feldman, managing director and senior research analyst at Telsey Advisory Group. "Christmas comes every year." Some of the winning chains this holiday season appeared to be Macy's, TJX, Michael Kors, Costco, Limited, Gap Inc, Anthropologie and Walmart, Feldman said, citing the number of shoppers in their stores, their products and online presence. Even so, some of those who are buying said they were holding back. Terene Collymore, a student of criminology at Monroe College in New Rochelle, New York, was at a Walmart on Monday, buying last-minute gifts, such as knitting supplies for her mother. Collymore said she was being more careful this year and not spending more on herself. "I don't throw money away," she said. CHEAP TELEVISIONS ABOUND Retailers have done a good job controlling inventory levels, even in the face of diminished forecasts, analysts said. The season has been "decent" but "not exceptional," said Noam Paransky, vice president in AlixPartners retail practice. He said he has not seen unplanned discounting or too much excess inventory despite slightly slower-than-expected growth. "Retailers have been disciplined. They haven't hit the panic button yet," Paransky said. Still, Target Corp slashed the price of its collaborative holiday collection with Neiman Marcus by 50 percent a few days ago. The collection was still marked at full price at Neiman Marcus. Meanwhile Sears was offering 60 percent off clothing from the reality TV family's "Kardashian Kollection," and Target, Walmart and Best Buy all had last-minute discounts hundreds of dollars deep on big-screen TVs. Apple's iPad mini has been tough to find in some places but is still available, while the new iPhone 5 is still in stock, suggesting that people may have stuck with their prior models or bought the less expensive iPhone 4S instead, said Feldman. A mix of electronics are selling "exceptionally well," from low-cost tablets to very large-screen TVs, and items such as audio sound bars and headphones, said NPD Group's Stephen Baker. One area of concern is in computers, as sales of PCs and tablets running Windows 8, from its launch in late October to mid-December, were down 13 percent from a year ago, Baker said. That will likely be a disappointment to Microsoft and many third-party retailers, as past releases of Windows have spurred PC sales. However, that has been disrupted by the popularity of tablets eating away at PC sales, Baker said. AFTER-CHRISTMAS SALES Superstorm Sandy hit sales in the densely populated Northeast in late October and early November but retailers were able to bounce back weeks later with a strong turnout on Thanksgiving weekend. Now, fresh concerns about whether Washington will reach an agreement to avert the "fiscal cliff" of tax hikes and spending cuts before January 1 is leading some shoppers to curb spending. Overall, analysts said inventory levels appeared about right, though consumers' minds have changed since retailers placed orders for items such as apparel back in the spring. "I don't think it's an issue of ordering too much, I think it's the fact that the consumer has recognized 'I can learn to live with less, I don't have to have that fourteenth sweater, I just don't have to have it,'" said Blischok. Even if the stores are quiet, the Internet is not. There were 12 days this holiday when spending topped $1 billion, up from 10 such days in 2011, according to comScore. Online sales rose 16 percent in the first 51 days of the holiday season, it said. Those retailers that are seeing weakness before the holiday could use after-Christmas sales to sell discounted goods, analysts said. Typically, retailers like to clear out their holiday merchandise quickly, so that shoppers coming in with the gift cards they received are more likely to buy full-price spring merchandise at fatter profit margins. The S&P 500 retail index rose 0.15 percent on Monday, outpacing a 0.24 percent dip in the S&P 500.

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Ga. counties sue HSBC claiming loss of tax base

Three Atlanta-area counties have filed a lawsuit claiming that British bank HSBC cost them hundreds of millions of dollars in extra expenses and damage to their tax bases by aggressively signing minorities to housing loans that were likely to fail. The Georgia counties' failure or success with the relatively novel strategy could help determine whether other local governments try to hold big banks accountable for losses in tax revenue based on what they claim are discriminatory or predatory lending practices. Similar lawsuits resulted in settlements this year worth millions of dollars for communities in Maryland and Tennessee. Fulton, DeKalb and Cobb counties say in their lawsuit, which was filed in October, that the housing foreclosure crisis was the "foreseeable and inevitable result" of big banks, such as HSBC and its American subsidiaries, aggressively pushing irresponsible loans or loans that were destined to fail. The counties say that crisis has caused them tremendous damage. "It's not only the personal damage that was done to people in our communities," said DeKalb County Commissioner Jeff Rader. "That has a ripple effect on our tax digest and the demand for public services in these areas." The city of Atlanta straddles Fulton and DeKalb counties, while Cobb County is northwest of the city. The lawsuit says the banks violated the Fair Housing Act, which provides protections against housing or renting policies or practices, including lending, that discriminate on the basis race, color, national origin, religion, sex, family status or handicap. The counties say their tax digests — which represent the value of all property subject to tax — have declined from a high point in 2009. Fulton's tax digest has dropped about 12 percent, from $32.7 billion to $28.7 billion; DeKalb's has dropped about 20 percent, from $22 billion to $17.5 billion; and Cobb's has dropped about 15 percent, from $25.5 billion to $21.3 billion, the lawsuit says. That reduces their ability to provide critical services in their communities, the lawsuit says. In addition to reducing tax income, vacant or abandoned homes that are in or near foreclosure create additional costs for the counties, the lawsuit says. Their housing code and legal departments have to investigate and respond to code violations, including having to board up, tear down or repair unsafe homes. They have to deal with public health concerns, such as pest infestations, ruptured water pipes, accumulated garbage and unkempt yards. And fire and police departments have to respond to health and safety threats. The lawsuit says predatory lending practices include: targeting vulnerable borrowers for mortgage loans with unfavorable terms; directing credit-worthy borrowers to more costly loans; putting unreasonable terms, excessive fees or pre-payment penalties into mortgage loans; basing loan values on inflated or fraudulent appraisals; and refinancing a loan without benefit to the borrower. The counties are asking the court to order the bank to stop its behavior and to take steps to prevent similar predatory lending in the future. They are also seeking financial compensation for the damages they've suffered and punitive damages to punish the bank for its "willful, wanton and reckless conduct." The counties say the financial injury they've suffered is in the hundreds of millions of dollars. Andrew Sandler, a lawyer for HSBC and its subsidiaries, said he couldn't comment on the case. A federal judge has given the bank until Jan. 25 to respond to the counties' complaint. Lawyers for the counties declined interviews on the case, but one of them, Jeffrey Harris, said in an emailed statement that they are continuing to investigate other banks and could file additional complaints. Similar suits were filed against Wells Fargo by the city of Memphis and surrounding Shelby County in Tennessee in 2009 and by the city of Baltimore in 2008. Those suits were settled earlier this year. Both settlements included $3 million to the local governments for economic development or housing programs and $4.5 million in down payment assistance to homeowners, as well as a lending goal of $425 million for residents over the subsequent five years, according to media accounts. As in those cases, the lawsuit filed by the Georgia counties says the bank, in this case HSBC, targeted communities with high percentages of Fair Housing Act-protected minority residents, particularly blacks and Hispanics. "Communities with high concentrations of such potential borrowers, and the potential borrowers themselves, were targeted because of the traditional lack of access to competitive credit choices in these communities and the resulting willingness of FHA protected minority borrowers to accept credit on uncompetitive rates," the lawsuit says. The lawsuit says minority borrowers were disproportionately targeted with high-cost loans between 2004 and 2007. Before the beginning of the subprime lending boom in 2003, annual foreclosure rates in metro Atlanta averaged below 1 percent, but U.S. Department of Housing and Urban Development data show that the estimated foreclosure rates for each of the three counties now average more than 9 percent and are as high as 18 percent in the communities with the highest percentages of minority borrowers, the lawsuit says. It is the alleged targeting of minority communities that entitles the counties to seek action against HSBC for loss of tax income and other expenses, the lawsuit says. "If you can show that you yourself have suffered harm by an illegal act under the Fair Housing Act, even if you are not the target, even if you are not the intended victim, you can still sue to stop the behavior and to recover any damages that you can prove you suffered because of the violation of the Fair Housing Act," said Steve Dane, a lawyer whose firm was involved in the Memphis and Baltimore lawsuits. The costs incurred by counties because of high rates of foreclosure are reflected in court records and related fees for each home, and police and fire departments can calculate the costs of responding to a given address, Dane said. He said it takes a lot of time and effort to gather the necessary records to prove the harm. Another discouraging factor could be a lack of political will, said Lisa Rice, vice president of the National Fair Housing Alliance. "Politicians may not want to go up against the banks," she said, adding that there will likely be other local governments that give this a try but she doubts the number will be high. But Jaime Dodge, an assistant law professor at the University of Georgia, says she thinks more cases are likely, at least in the short term as municipal governments continue to feel the squeeze of a tight economy and seek ways to refill their coffers. They may try to test federal courts in different parts of the country, she said. Successes in multiple jurisdictions could lead to more attempts, but if courts start knocking the suits down that would likely discourage them, she said.

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New Jersey pension fund sues NYSE Euronext on ICE deal

A pension fund that holds shares of NYSE Euronext has sued the exchange operator over its proposed $8.2 billion sale to IntercontinentalExchange Inc , saying the deal undervalues the company's stock. The New Jersey Carpenters Pension Fund late on Friday filed a complaint in New York State Supreme Court in Manhattan contending that NYSE Euronext breached its duty to maximize returns for shareholders. The lawsuit seeks class action status on behalf of other NYSE Euronext shareholders and aims to block the sale. It is the second such lawsuit filed against the exchange operator since the deal was announced on Thursday. An individual shareholder, Samuel Cohen, filed a proposed class action in Delaware Chancery Court on Friday that also seeks to prevent the buyout from going forward. Under the deal, NYSE Euronext, which operates the New York Stock Exchange, will sell itself to Atlanta-based ICE. The stock-and-cash deal is expected to close in the second half of 2013. At $33.12 per share, ICE's offer represents a 28 percent premium to NYSE Euronext's closing price last Wednesday. In court papers, the New Jersey pension fund said the deal was based on a "hopelessly flawed process" that would favor NYSE Euronext Chief Executive Duncan Niederauer and several members of its board of directors. The sale was "designed to ensure the sale of NYSE Euronext to ICE on terms preferential to ICE and designed to benefit NYSE Euronext's insiders," the pension fund said. A spokesman for NYSE Euronext declined to comment. A spokeswoman for ICE, which is also named as a defendant in the lawsuit, did not return a call seeking comment. The lawsuit also names as defendants Niederauer, NYSE Euronext Chairman Jan-Michiel Hessels, and other executives and board members. The buyout is expected to help ICE compete in derivatives trading against U.S.-based CME Group, owner of the Chicago Board of Trade. Derivatives trading is highly profitable for the exchanges, and new rules next year will dramatically expand the demand for clearing over-the-counter contracts. NYSE Euronext's stock market businesses are less valuable to ICE, and the company said it will try to spin off the Euronext European stock market businesses in a public offering, generating speculation it may also have little interest in the NYSE trading floor. Profits from stock trading have been significantly eroded by new technology and the rise of other places for investors to trade, including venues known as "dark pools." The cases are New Jersey Carpenters Pension Fund et al. v. NYSE Euronext et al., Supreme Court of the State of New York, No. 654496/2012, and Cohen v. NYSE Euronext et al, Delaware Court of Chancery, No. 8136.

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'Hobbit' extends No. 1 journey with $36.7 million

Tiny hobbit Bilbo Baggins is running circles around some of the biggest names in Hollywood. Peter Jackson's "The Hobbit: An Unexpected Journey" took in $36.7 million to remain No. 1 at the box office for the second-straight weekend, easily beating a rush of top-name holiday newcomers. Part one of Jackson's prelude to his "The Lord of the Rings" trilogy, the Warner Bros. release raised its domestic total to $149.9 million after 10 days. The film added $91 million overseas to bring its international total to $284 million and its worldwide haul to $434 million. "The Hobbit" took a steep 57 percent drop from its domestic $84.6 million opening weekend, but business was soft in general as many people skipped movies in favor of last-minute Christmas preparations. "The real winner this weekend might be holiday shopping," said Paul Dergarabedian, an analyst for box-office tracker Hollywood.com. Tom Cruise's action thriller "Jack Reacher" debuted in second-place with a modest $15.6 million debut, according to studio estimates Sunday. Based on the Lee Child best-seller "One Shot," the Paramount Pictures release stars Cruise as a lone-wolf ex-military investigator tracking a sniper conspiracy. Opening at No. 3 with $12 million was Judd Apatow's marital comedy "This Is 40," a Universal Pictures film featuring Paul Rudd and Leslie Mann reprising their roles from the director's 2007 hit "Knocked Up." Paramount's road-trip romp "The Guilt Trip," featuring "Knocked Up" star Seth Rogen and Barbra Streisand, debuted weakly at No. 6 with $5.4 million over the weekend and $7.4 million since it opened Wednesday. Playing in narrower release, Paramount's acrobatic fantasy "Cirque du Soleil: Worlds Away" debuted at No. 11 with $2.1 million. A 3-D version of Disney's 2001 animated blockbuster "Monsters, Inc." also had a modest start at No. 7 with $5 million over the weekend and $6.5 million since opening Wednesday. Domestic business was off for the first time in nearly two months. Overall revenues totaled $112 million, down 12.6 percent from the same weekend last year, when Cruise's "Mission: Impossible — Ghost Protocol" debuted with $29.6 million, according to Hollywood.com. Cruise's "Jack Reacher" opened at barely half the level as "Ghost Protocol," but with a $60 million budget, the new flick cost about $100 million less to make. Starting on Christmas, Hollywood expects a big week of movie-going with schools out through New Year's Day and many adults taking time off. So Paramount and other studios are counting on strong business for films that started slowly this weekend. "'Jack Reacher' will end up in a very good place. The movie will be profitable for Paramount," said Don Harris, the studio's head of distribution. "The first time I saw the movie I saw dollar signs. It certainly wasn't intended to be compared to a 'Mission: Impossible,' though." Likewise, Warner Bros. is looking for steady crowds for "The Hobbit" over the next week, despite the debut of two huge newcomers — the musical "Les Miserables" and the action movie "Django Unchained" — on Christmas Day. "We haven't reached the key holiday play time yet," said Dan Fellman, head of distribution for Warner. "It explodes on Tuesday and goes right through the end of the year." In limited release, Kathryn Bigelow's Osama bin Laden manhunt saga "Zero Dark Thirty" played to packed houses with $410,000 in just five theaters, averaging a huge $82,000 a cinema. That compares to a $4,654 average in 3,352 theaters for "Jack Reacher" and a $4,130 average in 2,913 cinemas for "This Is 40." ''The Guilt Trip" averaged $2,217 in 2,431 locations, and "Monsters, Inc." averaged $1,925 in 2,618 cinemas. Playing just one matinee and one evening show a day at 840 theaters, "Cirque du Soleil" averaged $2,542. Since opening Wednesday, "Zero Dark Thirty" has taken in $639,000. Distributor Sony plans to expand the acclaimed film to nationwide release Jan. 11, amid film honors and nominations leading up to the Feb. 24 Academy Awards. Opening in 15 theaters from Lionsgate banner Summit Entertainment, Naomi Watts and Ewan McGregor's tsunami-survival drama "The Impossible" took in $138,750 for an average of $9,250. A fourth new release from Paramount, "The Sopranos" creator David Chase's 1960s rock 'n' roll tale "Not Fade Away," debuted with $19,000 in three theaters, averaging $6,333. Universal's "Les Miserables" got a head-start on its domestic release with a $4.2 million debut in Japan. Estimated ticket sales for Friday through Sunday at U.S. and Canadian theaters, according to Hollywood.com. Where available, latest international numbers are also included. Final domestic figures will be released Monday. 1. "The Hobbit: An Unexpected Journey," $36.7 million ($91 million international). 2. "Jack Reacher," $15.6 million ($2.5 million international). 3. "This Is 40," $12 million. 4. "Rise of the Guardians," $5.9 million ($13.7 million international). 5. "Lincoln," $5.6 million. 6. "The Guilt Trip," $5.4 million. 7. "Monsters, Inc." in 3-D, $5 million. 8. "Skyfall," $4.7 million ($9 million international), 9. "Life of Pi," $3.8 million ($23.2 million international). 10. "The Twilight Saga: Breaking Dawn — Part 2," $2.6 million ($6.6 million international). ___ Estimated weekend ticket sales at international theaters (excluding the U.S. and Canada) for films distributed overseas by Hollywood studios, according to Rentrak: 1. "The Hobbit: An Unexpected Journey," $91 million. 2. "Life of Pi," $23.2 million. 3. "Rise of the Guardians," $13.7 million. 4. "Skyfall," $9 million. 5. "Wreck-It Ralph," $7.3 million. 6. "The Twilight Saga: Breaking Dawn — Part 2," $6.6 million. 7. "Pitch Perfect," $6 million. 8. "Les Miserables," $4.2 million. 9. "Love 911," $3.2 million. 10. "De L'autre Cote du Periph," $3.1 million.

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Hillsborough charity single tops British chart

A charity single devoted to the victims of Britain's worst-ever sporting disaster has topped the U.K. singles chart to become a Christmas No. 1. The Official Charts Company said Sunday that The Justice Collective's version of "He Ain't Heavy, He's My Brother," sold nearly 270,000 copies, beating out a debut single by music talent show winner James Arthur. Members of the collective, who include ex-Beatle Paul McCartney and former Spice Girl Mel C, are raising money for the families of those who died in the 1989 Hillsborough disaster, which saw 96 Liverpool fans crushed to death at Sheffield Wednesday's ground. Many authorities blamed the fans for the crush, but years of campaigning from the families eventually led to an inquiry which held police and emergency services responsible.

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Serpico: Pacino played me better than I did

New York City police whistle-blower Frank Serpico says Al Pacino played him better than he did himself. Pacino played the detective who exposed widespread police corruption in the 1973 movie "Serpico." The Daily News (http://nydn.us/RMNYcB ) interviewed the real-life Serpico in Ghent, in New York's Hudson Valley, for a story published Sunday. The 76-year-old retiree spoke weeks after the death of fellow whistle-blowing ex-detective David Durk. Serpico smiled as an interviewer noted he is ranked No. 41, just behind Lassie, on the American Film Institute's list of movie heroes. He says that's "good company." The newspaper says Serpico keeps busy trying to finish a book and taking solitary walks. Serpico and Durk's efforts resulted in front-page newspaper stories and a city panel that recommended reforms to prevent police corruption.

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Witch burns, audience on fire at Vienna opera show

VIENNA (AP) — At the end of the evening, the witch was toast Sunday — or more precisely a gingerbread cookie — and the audience at Vienna's Volksoper loved it. Of course, with many at the performance of "Haensel und Gretel" at Vienna's second opera house under the age of 6, one could argue that it was an easy sell. And yes, the fairy tale set to music by Engelbert Humperdinck is bound to please kids, even if the singers and the orchestra are sub-par — which they weren't this evening. For the youngsters it's mostly about the action on stage. Like past generations, the children at Saturday's performance watched wide-eyed, captivated by the story of the brother and sister who get lost in the woods, are captured by the witch and finally escape her by tossing her in the oven, where, in this version of the tale, she turns into a huge gingerbread cookie. But more than half of the audience Saturday was adults without children, which tells us that there is much more to this opera than just a fairy tale that Vienna's "Omas" and "Opas" take their grandkids to, come Christmas. Humperdinck worked with Richard Wagner, the master of German operatic folklore, and his music, is Wagnerian — rich, lyrical and vaguely reminiscent of some of the German master's early works. The vocal line is melodic and ranges from pretty to the sublime, evoking occasional frissons even from gray-haired opera goers who have long outgrown fairy tales. This is music worth performing well. And it was, this Saturday. As Gretel, Rebecca Nelsen started off well and grew stronger. Her light-lyric soprano was a good fit for the role and she mugged her way admirably through the part of the young waif who saves her and her brother before they turn kids the witch has turned into gingerbread back to life. Mezzo Adrineh Simonian was Nelsen's perfect dramatic foil as the bumptious older brother who narrowly escapes turning into the witch's Sunday roast. Her voice — and acting — harmonized well with Nelsen's performance. Robert Woerle was a witch with a difference. The Volksoper version of a production from Karl Doench that premiered more than two decades ago has a man in that role, and what Woerle doesn't deliver terms of voice, he more than compensates for in terms of the creepy factor. His solo "Hur, hopp" as the witch rants about his evil plans for the kids, was a highlight Saturday. Sebastian Holecek was strong as Peter, the children's poverty-stricken father, tossing off his signature "Ach, wir armen, armen Leute (Oh, we poor, poor, people)" in a powerful and carefree manner that belied the difficulties of this aria. But Gertrud Ottenthal, as his wife, occasionally had to slide into some of her higher notes. Also good: Sera Goesch as the Sandman and Claudia Goebl as the Dew Man. In the orchestra pit, conductor Alfred Eschwe did justice to the full Germanic tapestry of the score, weaving a polyphonic musical manuscript to the onstage goings on. A work for kids? Not only. Richard Strauss, the great German composer of the early and mid-20th century, described Haensel und Gretel as "a masterwork of the highest quality," and its creator as "a great master."

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Bethenny Frankel and husband of 2 years separating

Bethenny Frankel and husband Jason Hoppy are separating. The 42-year-old TV personality, chef, author and entrepreneur told The Associated Press Sunday that the split brings her "great sadness." "This was an extremely difficult decision that as a woman and a mother, I have to accept as the best choice for our family," Frankel said. "We have love and respect for one another and will continue to amicably co-parent our daughter who is and will always remain our first priority. This is an immensely painful and heartbreaking time for us." Frankel and Hoppy were married in 2010 and have a daughter, Bryn, who was born that same year. The couple's courtship and marriage were documented in two reality series, "Bethenny Getting Married?" and "Bethenny Ever After..." Frankel gained fame as a star of "The Real Housewives of New York City." Since her stint on the Bravo show, she has written four books, released a fitness video and founded her Skinnygirl line of cocktails, shapewear and nutritional supplements. She launched a talk show, "Bethenny," over the summer that is set to air nationally on Fox stations in 2013.

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