OfficeMax, Office Depot agree to merger

Office Depot to buy Office Max as an attempt to compete with Staples.

Office Depot Inc. and Naperville-based OfficeMax Inc. confirmed Wednesday that they're planning to merge but left some key questions about the deal unanswered.

The all-stock deal calls for Office Depot to issue 2.69 new shares of common stock for each outstanding common share of OfficeMax. But officials declined to say where the newly merged company would be headquartered, who would sit in the CEO seat or even what it would be called.

OfficeMax CEO Ravi Saligram and Office Depot CEO Neil Austrian presented a united front during a Wednesday conference call with analysts, taking turns to explain the specifics of the deal.

"It takes two to tango," Saligram said. "Lo and behold, Neil and I have decided to tango."

The announcement of a merger, which Saligram said would "create a stronger, more global, more efficient competitor," put to rest years of speculation about a deal. The merger would unite the No. 2 company in the stationery and office supplies industry, Boca Raton, Fla.-based Office Depot, with the No. 3 company, OfficeMax, headquartered off Interstate 88.

A merger between the two chains "has made sense for years," Credit Suisse analyst Gary Balter wrote in a note this week.

Market leader Staples also would benefit from a merger, BB&T Capital Markets analyst Anthony Chukumba said.

"Clearly, you can't make this deal work unless you close a bunch of stores," he said. "Store rationalization is long overdue, and Staples will clearly benefit from just having fewer stores to compete with."

OfficeMax, with about 29,000 employees, operates 978 stores, including 10 in the Chicago area. Office Depot has about 39,000 employees and operates 1,675 stores, including seven in the Chicago area.

The two CEOs wouldn't say how many stores would be closed, but Balter has predicted about 600.

If the merger is completed, the company's board would have an equal number of directors chosen by Office Depot and OfficeMax. Based on Wednesday's stock closing price, the deal's value is about $976 million.

The combined company would have $18 billion in sales and achieve $400 million to $600 million in savings over three years, according to company officials.

Office Depot shareholders would own about 54 percent of the company and OfficeMax shareholders 46 percent.

It was not clear, though, whether those stockholders would be satisfied with the deal. One of OfficeMax's largest shareholders, Neuberger Berman, said this week that it would support a deal, depending on the terms.

The deal also is subject to approval by regulatory agencies, including the Federal Trade Commission.

Officials declined to say who would lead the combined business or where it would be located once the "merger of equals" is completed, likely by the end of the year.

"During the appropriate times ... our board will make the right decision," OfficeMax's Saligram said. "Now, we're independent companies, and we've got to go through lots of processes."

Saligram and Austrian will be considered to lead the company, but until a leader is chosen, they will remain in their positions.

"From the time we started talking, Ravi and I have grown very fond of each other. It's very clear we can work well together," Austrian said.

Their proposed partnership didn't begin well. The announcement of the planned merger was buried in an earnings release posted prematurely on the Office Depot website early in the morning, then quickly removed. The companies recovered, and about 8:30 a.m., they issued a joint statement announcing the proposed merger.

The mishap will likely be investigated by stock exchanges and regulatory organizations, according to a Chicago financial attorney.

"I am highly confident that the New York Stock Exchange, the Nasdaq and the Securities and Exchange Commission will be looking very closely at who pulled the trigger, who knew about this, and was this in good faith?" James McGurk said.

McGurk said he was not suggesting wrongdoing.

"When you think about it, you have two boards, lots of investment advisers, lawyers, and deals break down at the last minute. Are there lots of ways it could happen? Sure," he said.

OfficeMax shares closed Wednesday down 91 cents, or 7 percent, at $12.09. Shares of Office Depot closed down 84 cents, or nearly 17 percent, at $4.18.

Reuters contributed.

crshropshire@tribune.com

Twitter @corilyns

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Jacksons set for plea hearings in D.C. on Wednesday

WASHINGTON — Former Rep. Jesse Jackson Jr., and his wife, former Chicago Ald. Sandi Jackson, are expected to plead guilty to federal charges Wednesday, when more details may emerge about an alleged crime spree in which he is accused of spending more than $750,000 in campaign cash to buy luxury items, memorabilia and other goods.

Attorneys familiar with public corruption investigations said the amount of campaign cash allegedly converted to personal use in this case is the largest of any that they can remember.

Jackson Jr., who has been largely out of the public eye for eight months, is to appear in court at 9:30 a.m. Chicago time. His wife is to appear at 1:30 p.m. Chicago time. Both Jacksons will stand before U.S. District Court Judge Robert Wilkins.

Sentencing is not expected for several weeks. Jackson Jr. faces up to five years in prison, while she faces up to three years, according to the U.S. Attorney’s Office for the District of Columbia.

Jackson Jr., 47, was in the House of Representatives for 17 years until he resigned last November. Sandi Jackson, 49, was a Chicago alderman from 2007 until she stepped down in January.

He is charged with conspiracy in a case involving a $43,350 men’s Rolex watch, nearly $9,600 in children’s furniture and $5,150 in cashmere clothing and furs, court papers show. She is charged with filing false tax returns for six years, most recently calendar year 2011.

When separate felony charges were filed against them Friday, their attorneys said the two would plead guilty.

Prosecutors also are seeking a $750,000 judgment against Jackson Jr. and the forfeiture of thousands of dollars of goods he purchased, including cashmere clothing, furs and an array of memorabilia from celebrities including Michael Jackson, Bruce Lee and civil rights leader Martin Luther King Jr.

Jackson Jr. began a mysterious medical leave of absence last June for what was eventually described as bipolar disorder. Though he did not campaign for re-election, he won another term last Nov. 6 while being treated at the Mayo Clinic in Minnesota. He left office two weeks later, saying he was cooperating with federal investigators.

Married for more than 20 years, the Jacksons have a 12-year-old daughter and a 9-year-old son. The family has homes in Washington and on Chicago’s South Side.

Washington defense attorney Stan Brand, the former general counsel of the House of Representatives, said Tuesday that Jackson Jr.’s case involved the largest sum of money he’s seen in a case involving personal use of campaign money. “Historically, there have been members of Congress who either inadvertently or maybe purposefully, but not to this magnitude, used campaign funds inappropriately,” he said.

Brand said that when the dollar figure involved is low, a lawmaker may be fined and ordered to reimburse the money. “This is so large, the Department of Justice decided to make his case criminal,” he said.

Other attorneys said they could not remember a bigger case of its kind. Washington attorney Ken Gross, a former lawyer for the Federal Election Commission, said: “Directly dipping into your campaign coffers, and spending money on personal items, I can’t recall a case where it involved this much money.”

Brand once represented another disgraced Illinois Democratic congressman, Rep. Dan Rostenkowski, who in 1996 pleaded guilty to two counts of mail fraud. Rostenkowski was later represented by attorney Dan Webb, who is Sandi Jackson’s counsel.

Rostenkowski, who died in 2010, entered his pleas and received his punishment in the U.S. District Court for the District of Columbia — the same venue on the Jacksons’ calendars on Wednesday.

kskiba@tribune.com

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Singer Sande in line for big prize at BRIT awards

LONDON (Reuters) – Scottish singer Emeli Sande is favorite to win the coveted British album of the year honor later on Wednesday when the BRIT Awards are handed out in London.

Sande, whose profile received a major boost when she took part in the opening and closing ceremonies at the London Olympics last year, has been nominated for three prizes on British pop’s biggest night.

She was shortlisted for best British female, which she is expected by bookmakers to win, and best British single for “Next to Me”. Sande also features on another contender for the single prize, Labrinth’s “Beneath Your Beautiful”.

Arguably the biggest category is British album, where Sande’s “Our Version of Events” is up against other acts who each picked up three nominations – Mumford & Sons for “Babel” and Alt-J for “An Awesome Wave”.

Sande, who had Britain’s best-selling album in 2012, has hit back at critics who have questioned whether she had been over-exposed in the last 12 months.

“I feel like it’s a bit unfair,” she told the Sun tabloid. “I actually haven’t done that much, but it’s just what I have done have been huge events.

“Everyone is entitled to their own opinion, but I worked so hard to get any exposure at all, so I don’t see that as a negative.”

Adele looks set to add to her groaning trophy cabinet with the best single award for James Bond theme “Skyfall”, while U.S. acts Lana Del Rey and Frank Ocean are bookmaker Ladbrokes’ favorites for best international female and male respectively.

“There’s a nailed on favorite in every category and it’s hard to see any last minute upsets at this stage,” said Ladbrokes spokeswoman Jessica Bridge.

It may be that the big surprises this year at the BRITs, which have a reputation of rewarding commercial success over musical originality, came at the nominations stage.

Last month eyebrows were raised when Amy Winehouse was nominated in the British female solo category some 18 months after her death for a chart-topping album of unreleased songs and demos called “Lioness: Hidden Treasures”.

And veteran rockers the Rolling Stones were shortlisted for best live act after they returned to the stage for a short, sellout tour of London and the United States at the end of 2012 to mark 50 years in the business.

The last time the group was nominated for a BRIT was in 1996, and the Rolling Stones are the only act to be nominated both at this year’s ceremony at the O2 Arena and at the first BRIT Awards staged in 1977.

Performing at the awards ceremony will be Taylor Swift, Justin Timberlake, Muse, Robbie Williams, Sande, Mumford & Sons, Ben Howard and One Direction.

(Reporting by Mike Collett-White, editing by Paul Casciato)

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DNA Analysis, More Accessible Than Ever, Opens New Doors

Matt Roth for The New York Times

Sam Bosley of Frederick, Md., going shopping with his daughter, Lillian, 13, who has a malformed brain and severe developmental delays, seizures and vision problems. More Photos »

Debra Sukin and her husband were determined to take no chances with her second pregnancy. Their first child, Jacob, who had a serious genetic disorder, did not babble when he was a year old and had severe developmental delays. So the second time around, Ms. Sukin had what was then the most advanced prenatal testing.

The test found no sign of Angelman syndrome, the rare genetic disorder that had struck Jacob. But as months passed, Eli was not crawling or walking or babbling at ages when other babies were.

“Whatever the milestones were, my son was not meeting them,” Ms. Sukin said.

Desperate to find out what is wrong with Eli, now 8, the Sukins, of The Woodlands, Tex., have become pioneers in a new kind of testing that is proving particularly helpful in diagnosing mysterious neurological illnesses in children. Scientists sequence all of a patient’s genes, systematically searching for disease-causing mutations.

A few years ago, this sort of test was so difficult and expensive that it was generally only available to participants in research projects like those sponsored by the National Institutes of Health. But the price has plunged in just a few years from tens of thousands of dollars to around $7,000 to $9,000 for a family. Baylor College of Medicine and a handful of companies are now offering it. Insurers usually pay.

Demand has soared — at Baylor, for example, scientists analyzed 5 to 10 DNA sequences a month when the program started in November 2011. Now they are doing more than 130 analyses a month. At the National Institutes of Health, which handles about 300 cases a year as part of its research program, demand is so great that the program is expected to ultimately take on 800 to 900 a year.

The test is beginning to transform life for patients and families who have often spent years searching for answers. They can now start the grueling process with DNA sequencing, says Dr. Wendy K. Chung, professor of pediatrics and medicine at Columbia University.

“Most people originally thought of using it as a court of last resort,” Dr. Chung said. “Now we can think of it as a first-line test.”

Even if there is no treatment, there is almost always some benefit to diagnosis, geneticists say. It can give patients and their families the certainty of knowing what is wrong and even a prognosis. It can also ease the processing of medical claims, qualifying for special education services, and learning whether subsequent children might be at risk.

“Imagine the people who drive across the whole country looking for that one neurologist who can help, or scrubbing the whole house with Lysol because they think it might be an allergy,” said Richard A. Gibbs, the director of Baylor College of Medicine’s gene sequencing program. “Those kinds of stories are the rule, not the exception.”

Experts caution that gene sequencing is no panacea. It finds a genetic aberration in only about 25 to 30 percent of cases. About 3 percent of patients end up with better management of their disorder. About 1 percent get a treatment and a major benefit.

“People come to us with huge expectations,” said Dr. William A. Gahl, who directs the N.I.H. program. “They think, ‘You will take my DNA and find the causes and give me a treatment.' ”

“We give the impression that we can do these things because we only publish our successes,” Dr. Gahl said, adding that when patients come to him, “we try to make expectations realistic.”

DNA sequencing was not available when Debra and Steven Sukin began trying to find out what was wrong with Eli. When he was 3, they tried microarray analysis, a genetic test that is nowhere near as sensitive as sequencing. It detected no problems.

“My husband and I looked at each other and said, ‘The good news is that everything is fine; the bad news is that everything is not fine,' ” Ms. Sukin said.

In November 2011, when Eli was 6, Ms. Sukin consulted Dr. Arthur L. Beaudet, a medical geneticist at Baylor.

“Is there a protein missing?” she recalled asking him. “Is there something biochemical we could be missing?”

By now, DNA sequencing had come of age. Dr. Beaudet said that Eli was a great candidate, and it turned out that the new procedure held an answer.

A single DNA base was altered in a gene called CASK, resulting in a disorder so rare that there are fewer than 10 cases in all the world’s medical literature.

“It really became definitive for my husband and me,” Ms. Sukin said. “We would need to do lifelong planning for dependent care for the rest of his life.”

This article has been revised to reflect the following correction:

Correction: February 20, 2013

An article on Tuesday about the use of DNA sequencing to identify rare genetic diseases misstated the name of a medicine taken by two teenagers who have a rare gene mutation. The drug is 5-hydroxytryptophan, not 5-hydroxytryptamine.

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Kraft acknowledges faults, unveils new path

From new products like Macaroni and Cheese crackers to Oscar Mayer pulled pork, Kraft Foods Group laid out the strategy on Tuesday that took the company's new products "from worst to first."

The Northfield-based maker of Macaroni & Cheese, Planters and Velveeta was spun off from Mondelez International in October.

In 2009, just 6.5 percent of company sales came from new products, whereas 13 percent of sales were attributable to new products in 2012, according to a company estimate.

It's going to be important for Kraft to keep up the pace as it makes its case for remaining an independent company. Competitor Heinz, which has also lagged in innovation, will be snapped up in a Berkshire Hathaway-led consortium of investors later this year.

Presenting at the Consumer Analysts Group of New York Conference in Boca Raton, Fla., Barry Calpino, vice president of breakthrough innovation at Kraft, delineated the company's changes to how it develops and supports new products.

In 2008, Calpino said, "we were the worst by almost any measure," in terms of its innovation. He added that 17 of the year's 19 new product launches were considered failures. Kraft launched products like Bagelfuls, frozen bagels stuffed with cream cheese; Oreo Cakesters, the iconic cookies made out of cake; and cheesy crackers shaped like and named after Macaroni & Cheese that year.

Among 2008 successes were Ritz Fresh Stacks and Starbucks discs for the Tassimo machine, a company spokesman said.

Kraft's 2009 new products performed similarly.

In mid-2010, Calpino said the company brought in an outside firm to study its innovation initiatives. They came back with a succinct statement, he said: "Kraft is where good ideas go to die."

Symptomatic of the problem, Calpino said, was a focus on small ideas, lack of rigor and focus, and little investment in product launches. At the time, he said, innovation was considered a "dead-end job," and employees just accepted that Kraft wasn't good at it.

As a result, he said, Kraft developed an innovation playbook that calls for more investment in fewer, bigger ideas that will receive a lot of support, rather than what he referred to as "Field of Dreams" innovation that amounted to a "build it and they will come" mentality.

Kraft now does more work with its sales team, bringing them into the product development so they could better explain each one's significance to retailers, and investing more heavily behind each launch.

In 2011, Calpino said the company focused its efforts on 13 "big bets," including its MiO brand of water flavoring, Velveeta Cheesy Skillet Dinners and Oscar Mayer Selects, a line of higher-quality meat without artificial preservatives.

In so doing, the company raised its average launch support roughly fivefold, from about $5 million to about $25 million for so-called "big bets." MiO got more than $50 million in support.

MiO, Velveeta Skillets, and Oscar Mayer Selects have become $100 million product platforms, which is an industry sales benchmark for successful product launches.

Calpino said that Kraft is also maintaining focus on its big launches for the first three years rather than moving on after the first year. Other initiatives include improving the level of talent within the organization and appealing more to Hispanics in product development and marketing.

Kraft's major 2013 launches include pulled pork under its Oscar Mayer Selects brand, Cool Whip frostings, and Recipe Makers, a pair of sauce packets to be sold in the pasta and sauce aisle. Consumers add vegetables or protein to the sauces to cook popular dishes like pot roast, sweet and sour chicken, or enchiladas.

As part of the presentation, Kraft CEO Tony Vernon said that Kraft has seen an increasing segment of the population shifting to value priced options. According to company data, 26.5 percent of the population was considered low income in 2009, and that number rose to 28.9 percent in 2012.

"We have an obligation to financially strapped low and middle income families - and I do mean families - that drive America's grocery business," Vernon said. He added that with consumers gravitating the high and low ends of the price spectrum, traditional grocers are getting hurt.

Indeed, local heavyweights like Jewel and Dominick's have been closing stores. Last month, Eden Prairie, Minn-based Supervalu said it had agreed to sell Jewel and four other grocery chains to Cerberus Capital Management, a private investment firm.

"It's critical to have the right price and product offering at every rung on this ladder," Vernon said.

In other words, he said, Kraft needs to have the right products for "a Latina mom who prefers Kool-Aid to Capri Sun," as well as a Baby Boomer who is "choosing Velveeta Skillets over Mac N' Cheese."

Kraft's presentation came on the heels of last week's announcement that fourth quarter sales would be lower than expected after Oscar Mayer cold cuts lost market share to a key competitor, presumably Chicago-based Hillshire Brands.

The company said it expects fourth-quarter net revenues to fall 10.7 percent to $4.5 billion. The final numbers will be reported before the end of March.

Kraft also raised 2013 earnings guidance by 15 cents to $2.75 per share.

The new Kraft Foods Group, which assumed all of the pension obligation for legacy Kraft Foods when it was spun off, also announced a change in the way it handles accounting for its pensions last week.

eyork@tribune.com | Twitter: @emilyyork

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Campaign problems, voter intimidation alleged in Cicero

Allegations such as voters being offered pizza coupons and campaign workers insisting on handling mail-in ballots for town residents have sprung up in Cicero as the heated race for town president heads into its final week.

The Cook County clerk's office has notified law enforcement officials, including the state's attorney's office and the U.S. Department of Justice, of such allegations and other claims of voter intimidation and voter fraud in the western suburb.

Incumbent Larry Dominick is seeking his third term as town president. He will face former McPier executive Juan Ochoa and former town senior services director Joe Pontarelli next Tuesday.

"The state's attorney is out there (in Cicero) this week interviewing people about the allegations," Cook County Clerk David Orr said Monday at a news conference.

Orr said his office has gotten several complaints from voters.

He said he is disturbed about town employees in uniforms who are allegedly campaigning and knocking on doors.

"The impact of that is clearly seen by some voters as voter suppression and intimidation," Orr said. "If a town official comes to your door and you're not necessarily supporting a (certain) candidate, that clearly can be seen as intimidation."

In a letter to town attorney Michael Del Galdo, Orr wrote, "You and your clients are entitled to gather information regarding any aspect of an election, but no campaign is entitled to use the resources of the town in the process."

Orr said he also was upset that Cicero Clerk Maria Punzo-Arias allegedly told a group of senior citizens to deliver their mail-in ballots to her office instead of mailing them to or dropping them off at Orr's office. Courtney Greve, a spokeswoman for Orr, said an official from the state's attorney's office heard Punzo-Arias make the comment at a recent town-sponsored Valentine's Day party.

Punzo-Arias has been interviewed by the state's attorney's office, according to Orr. Punzo-Arias could not be reached by the Tribune for comment.

Cicero spokesman Ray Hanania said town officials are not intimidating voters.

Ochoa, on the other hand, released a statement saying Dominick's people have been harassing Latino voters in particular. The town is 87 percent Hispanic.

Hanania also accused Orr of not investigating claims made by the town that mail-in ballots are coming from vacant homes and properties.

"Orr told us that we need to collect the evidence so we sent people out to do that," Hanania said. "That's why our people (Cicero employees) were out on the street."

According to Greve, the county clerk's office, which she said doesn't take sides, looked into the town's claims and found that most of the mail-in votes are legitimate.

Ochoa said, "We are running a clean campaign. We have every interest in making people feel comfortable so they can come out to vote. It's in our best interest to have a high voter turnout."

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Singer Fergie says she and actor Josh Duhamel expecting baby

(Reuters) – The Black Eyed Peas singer Fergie said on Monday that she and her husband, actor Josh Duhamel, are expecting a baby.

“Josh & Me & BABY makes three!!!,” she tweeted. She also posted photos of herself and her husband as toddlers.

It is the first child for the couple married in 2009.

Duhamel, 40, appeared in the “Transformers” movies and stars this year in the film “Safe Haven.”

Fergie, 37, whose real name is Stacy Ferguson, joined The Black Eyed Peas in 2002 for their third album, “Elephunk,” which proved to be a huge commercial success.

(Reporting by Ellen Wulfhorst in New York; Editing by Barbara Goldberg)

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Personal Health: Health Effects of Smoking for Women

The title of a recent report on smoking and health might well have paraphrased the popular ad campaign for Virginia Slims, introduced in 1968 by Philip Morris and aimed at young professional women: “You’ve come a long way, baby.”

Today that slogan should include: “. . . toward a shorter life.” Ten years shorter, in fact.

The new report is one of two rather shocking analyses of the hazards of smoking and the benefits of quitting published last month in The New England Journal of Medicine. The data show that “women who smoke like men die like men who smoke,” Dr. Steven A. Schroeder, a professor of health and health care at the University of California, San Francisco, wrote in an accompanying editorial.

That was not always the case. Half a century ago, the risk of death from lung cancer among men who smoked was five times higher than that among women smokers. But by the first decade of this century, that risk had equalized: for both men and women who smoked, the risk of death from lung cancer was 25 times greater than for nonsmokers, Dr. Michael J. Thun of the American Cancer Society and his colleagues reported.

Today, women who smoke are even more likely than men who smoke to die of lung cancer. According to a second study in the same journal, women smokers face a 17.8 times greater risk of dying of lung cancer, than women who do not smoke; men who smoke are at 14.6 times greater risk to die of lung cancer than men who don’t. Women who smoke now face a risk of death from lung cancer that is 50 percent higher than the estimates reported in the 1980s, according to Dr. Prabhat Jha of the Center for Global Health Research in Toronto and his colleagues.

After controlling for age, body weight, education level and alcohol use, the new analysis found something else: men and women who continue to smoke die on average more than 10 years sooner than those who never smoked.

Dramatic progress has been made in reducing the prevalence of smoking, which has fallen in the United States from 42 percent of adults in 1965 (the year after the first surgeon general’s report on smoking and health) to 19 percent in 2010. Yet smoking still results in nearly 200,000 deaths a year among people 35 to 69 years old in this country. A quarter of all deaths in this age group would not occur if smokers had the same risk of death as nonsmokers.

The risks are even greater among men 55 to 74 and women 60 to 74. More than two-thirds of all deaths among current smokers in these age groups are related to smoking. Over all, the death rate from all causes combined in these age groups “is now at least three times as high among current smokers as among those who have never smoked,” Dr. Thun’s team found.

While lung cancer is the most infamous hazard linked to smoking, the habit also raises the risk of death from heart disease, stroke, pulmonary disease and other cancers, including breast cancer.

Furthermore, changes in how cigarettes are manufactured may have increased the dangers of smoking. The use of perforated filters, tobacco blends that are less irritating, and paper that is more porous made it easier to inhale smoke and encouraged deeper inhalation to achieve satisfying blood levels of nicotine.

The result of deeper inhalation, Dr. Thun’s report suggests, has been an increased risk of chronic obstructive pulmonary disease, or C.O.P.D., and a shift in the kind of lung cancer linked to smoking. Among nonsmokers, the risk of death from C.O.P.D. has declined by 45 percent in men and has remained stable in women, but the death rate has more than doubled among smokers.

But there is good news, too: it’s never too late to reap the benefits of quitting. The younger you are when you stop smoking, the greater your chances of living a long and healthy life, according to the findings of Dr. Jha’s international team.

The team analyzed smoking and smoking-cessation histories of 113,752 women and 88,496 men 25 and older and linked them to causes of deaths in these groups through 2006.

Those who quit smoking by age 34 lived 10 years longer on average than those who continued to smoke, giving them a life expectancy comparable to people who never smoked. Smokers who quit between ages 35 and 44 lived nine years longer, and those who quit between 45 and 54 lived six years longer. Even quitting smoking between ages 55 and 64 resulted in a four-year gain in life expectancy.

The researchers emphasized, however, that the numbers do not mean it is safe to smoke until age 40 and then stop. Former smokers who quit by 40 still experienced a 20 percent greater risk of death than nonsmokers. About one in six former smokers who died before the age of 80 would not have died so young if he or she had never smoked, they reported.

Dr. Schroeder believes we can do a lot better to reduce the prevalence of smoking with the tools currently in hand if government agencies, medical insurers and the public cooperate.

Unlike the races, ribbons and fund-raisers for breast cancer, “there’s no public face for lung cancer, even though it kills more women than breast cancer does,” Dr. Schroeder said in an interview. Lung cancer is stigmatized as a disease people bring on themselves, even though many older victims were hooked on nicotine in the 1940s and 1950s, when little was known about the hazards of smoking and doctors appeared in ads assuring the public it was safe to smoke.

Raising taxes on cigarettes can help. The states with the highest prevalence of smoking have the lowest tax rates on cigarettes, Dr. Schroeder said. Also helpful would be prohibiting smoking in more public places like parks and beaches. Some states have criminalized smoking in cars when children are present.

More “countermarketing” of cigarettes is needed, he said, including antismoking public service ads on television and dramatic health warnings on cigarette packs, as is now done in Australia. But two American courts have ruled that the proposed label warnings infringed on the tobacco industry’s right to free speech.

Health insurers, both private and government, could broaden their coverage of stop-smoking aids and better publicize telephone quit lines, and doctors “should do more to stimulate quit attempts,” Dr. Schroeder said.

As Nicola Roxon, a former Australian health minister, put it, “We are killing people by not acting.”

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OfficeMax, Office Depot may merge

U.S. office supply chains Office Depot Inc. and Naperville-based OfficeMax Inc. are in advanced discussions for a merger, a person familiar with the matter said on Monday.

A deal could come as soon as this week, that person said, adding that the talks were ongoing and could still fall apart.

Currently, the deal is expected to be structured as a stock-for-stock transaction, the person said.

Neither company responded to requests seeking comment.

One of OfficeMax's top shareholders, Neuberger Berman, said it would support a merger with Office Depot depending on terms of the deal, according to a portfolio manager at the firm.

Responding to media reports, Benjamin Nahum of Neuberger Berman, told Reuters in an interview that his preference would be for OfficeMax to declare a special dividend before merging with Office Depot. "In our view this would facilitate a fair deal."

Neuberger Berman said OfficeMax shareholders should be compensated for "the balance sheet strength that we bring to this combined entity."

The news came months after the investment firm called on the third-largest U.S. office supply chain to return money to shareholders in the form of a dividend or share repurchases and raised the specter of a proxy fight next year if the retailer fails to comply.

According to Thomson Reuters' data, Neuberger Berman owns 4.76 percent of OfficeMax, making it the third-largest shareholder of the Naperville company.

OfficeMax is expected to report its quarterly earnings on Thursday.

While the pair up had been rumored for years, one analyst said Monday that he believed a deal was less likely after a report last week that Office Depot is in talks to sell its remaining 50 percent stake in its Mexican operations.

Scott Tilghman, an analyst with investment firm B. Riley & Co. said that similarities in the pair’s U.S. and Mexican operations were thought to be a cornerstone of the consideration to combine.

But even if Office Depot does sell its Mexican stake, Tilghman said a deal would still make sense as both companies struggle to gain traction against competitor Staples Inc. and sites like Amazon.com.

By combining, the pair could cut costs by shedding stores and streamlining operations without having to raise prices. Tilghman estimates the companies could get rid of 20 percent of their combined stores and still hold onto customers.

Both companies have struggled in recent years from declining revenue in their retail stores. In OfficeMax’s most recent quarter, it was able to grow net income by cutting costs despite lower revenue. Slumping retail sales were somewhat offset by OfficeMax’s U.S. contract business, where it works directly with businesses to help operate more efficiently and reduce office expenses.

If combined, OfficeMax and Office Depot, the world’s second and third largest office products companies by revenue, would still not eclipse the segment’s largest business, Staples Inc.

Office Depot, based in Boca Raton, Florida, has 1,675 stores world-wide, annual sales of about $11.5 billion and some 39,000 employees, the Journal said. OfficeMax, operates roughly 900 stores in the United States and Mexico, generates about $7 billion in annual sales and has 29,000 employees, the Journal said.

Shares of OfficeMax closed at $10.75 on Friday on the New York Stock Exchange. Shares of Office Depot closed at $4.59. Both are approaching their respective 12-month highs.

- Samantha Bomkamp and Reuters contributed to this report

OMX data by YCharts

OMX data by YCharts

OMX Revenue Quarterly data by YCharts

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2 questioned in fatal shooting of Chicago woman

Janay McFarlane, 18, was shot on the way to a store, the same day Obama spoke on gun violence.

Two people are being questioned in connection with the fatal shooting of an 18-year-old Chicago woman who was killed Friday, the same day her sister attended President Barack Obama's speech on gun violence, officials said Sunday.

An 18-year-old man and a 20-year-old man are considered persons of interest in the homicide investigation and are being questioned by North Chicago police and officials from the Lake County State's Attorney's Office in connection with the death of Janay McFarlane, according to a statement released this afternoon by North Chicago police.

The men were arrested after McFarlane was shot at about 11:30 p.m. Friday on the  1300 block of Jackson Avenue in the northern suburb.

Angela Blakely, McFarlane’s mother, said she knew few details about the investigation but was encouraged by the news of the arrests.

“I’m just hoping that they do find out who did this to my baby, so they can pay for the crime they committed,” she said.

Blakely urged anyone with information about the killing to talk with police.

McFarlane, 18, of the 8900 block of South Lowe Avenue, was in North Chicago visiting family and friends and was walking with friends when she was shot, according Blakely. McFarlane was walking with friends, one of whom may have been the intended target, Blakely said.

When police responded to a call of shots being fired in the area they found McFarlane fatally shot, police said. They canvassed the area and were tipped off to the men who were taken in for questioning, according to police.

McFarlane was killed just hours after her sister, Destini Warren, 14, had attended President Barack Obama's speech against gun violence Friday.

Blakely, the mother of both girls, said that the family had been anticipating the President's visit to the school where Destini is a freshman.

Leading up to the visit, McFarlane frequently mentioned the recent death of Hadiya Pendleton, 15, whose own shooting death a mile from the Obama's home spurred the President's visit.

"It's terrible, it's terrible the only thing I can remember is my daughter telling me, 'Mommy, it's so sad about Hadiya. That makes no sense,' " Blakely said. "She always asked me a lot of questions about death."

The speech resonated even more when her family got the call from McFarlane's father in North Chicago, who told Destini that her sister was dead, she said.

"It was like real painful," said Destini, her voice choking back tears.

North Chicago officials said McFarlane's killing is the first in the northern suburb since October. The October slaying was the only homicide for the town last year.

chicagobreaking@tribune.com

Twitter: @ChicagoBreaking

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