Solid jobs data spurs little buying, Apple falls again

NEW YORK (Reuters) - The S&P 500 eked out only a slight gain on Friday as weak consumer sentiment data offset enthusiasm from a better-than-expected jobs report, while the Nasdaq slipped after some investors resumed a sell-off of Apple shares.

Wall Street opened higher after the U.S. Labor Department said non-farm payrolls added 146,000 jobs in November. However, the gains faded, and selling increased after the Thomson Reuters/University of Michigan's consumer sentiment index for early December fell to its lowest level since August.

Apple shares resumed a recent slide, falling 2.9 percent to $531.27. The stock of Apple, the largest U.S. company by market value, is down 10 percent this week. It has dropped 24 percent from its all-time intraday high of $705.07 reached in late September.

In Friday's session, Apple's 50-day moving average fell to $599.52 - below its 200-day moving average at $601.38 - and putting the stock on track for its worst week since May 2010.

"There are a number of contributing factors to the weakness today. One is the return to the negative slide in Apple. It's a pretty big proxy for tech in general, and the market overall," said Michael James, senior trader at Wedbush Morgan in Los Angeles.

In Friday's session, Apple's 50-day moving average fell to $599.52 - below its 200-day moving average at $601.38 - and putting the stock on track for its worst week since May 2010.

Apple's weakness drove the S&P information technology sector <.gspt> lower. The index fell 0.7 percent and was the weakest of the S&P 500's 10 major industry sectors on Friday.

The equity market has regained most of the ground it lost following President Barack Obama's re-election as markets turned their focus to the coming "fiscal cliff." Market response to the macroeconomic data remained muted as negotiations continued to command investor attention.

The conflicting reports "would have had more of a lasting effect in a normal environment, but in the current environment? No. There's total uncertainty with what's going to transpire here and abroad. Too many questions," said Warren West, principal at Greentree Brokerage Services in Philadelphia.

U.S. House Speaker John Boehner said that talks this week with President Barack Obama produced no progress, and he renewed his demand that the president provide a new offer to avert the series of tax increases and spending cuts that are likely to hurt economic demand in 2013.

Still, the S&P 500 is just 4.1 percent below the 2012 intraday high of 1,474.51 reached in mid-September.

The Dow Jones industrial average <.dji> rose 53.67 points, or 0.41 percent, to 13,127.71. The Standard & Poor's 500 Index <.spx> gained 1.80 points, or 0.13 percent, to 1,415.74. The Nasdaq Composite Index <.ixic> fell 15.55 points, or 0.52 percent, at 2,973.72.

Amarin Corp shares lost 18.5 percent to $9.74 after the biopharmaceutical company raised $100 million in financing to help it launch its heart drug, Vascepa, but disappointed investors, who had hoped for a sale or partnership.

CombiMatrix Corp shares soared 250.3 percent to $6.90 after the company said two studies published in a medical journal favored technology it uses for prenatal diagnosis of genetic abnormalities over traditional technologies.

Shares of Netflix Inc , which had fluctuated between positive and negative territory earlier in the session, turned higher once more by early afternoon. Netflix was up 0.6 percent at $86.66 following news that the Securities and Exchange Commission was considering taking action against the company and its Chief Executive Reed Hastings for violating public disclosure rules with a Facebook post.

(Additional reporting by Chuck Mikolajczak; Editing by Bernadette Baum and Jan Paschal)

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‘Post-PC’ is more than just marketing buzz for Apple CEO Tim Cook

Apple (AAPL) is no stranger to ditching technologies when it deems them to no longer be useful. The company dropped the floppy disk for a CD-ROM drive on the first iMac and most recently has shifted to building MacBooks and iMacs without any physical disc drives. In his first televised interview on NBC’s Rockcenter with Brian Williams, Apple CEO Tim Cook revealed that he has “ditched physical keyboards” now that he spends 80% of his time using his iPad “authoring email” and “working on things.” Cook says he’s gotten quite good at typing on the screen and advises people to trust auto-correction as it’s “quite good” — though it’s a feature we still blast iOS for some five years after the first iPhone launched. But what does it mean when the boss of the country’s most valuable company and the most revered technology company in the world doesn’t even use physical keyboards anymore? Perhaps the “post-PC” era will become mainstream sooner than we thought.

For years, Apple has touted the idea that we’re entering the “post-PC” era – a period when touchscreen-equipped smartphones and tablets will eclipse desktops, notebooks and complex operating systems as they slowly fade away into a niche reserved for professionals.

While there will still be a need for notebooks, Windows PCs and Macs, the increasing numbers of smartphones and tablets sold and continued decline of worldwide PC sales support Apple’s claim that mobile is where the next tech battleground is, even if Microsoft (MSFT) thinks otherwise.

The term “dogfooding” is often thrown around between tech blogs and Cook is doing exactly that — using his “own product to demonstrate the quality and capabilities of the product.”

As Steve Jobs once said, Apple only builds products its own engineers and designers would use themselves.

Cook’s not saying, “iPads are great” for some people and some tasks. The fact that Cook uses his iPad for 80% of his work and an iPhone all the time suggests he and Apple are serious about this post-PC era. Apple wants iPads and iPhones to be great for all of your computing needs.

Apple is serious enough about it that the big boss has shifted his habits from old-school typing on actual keyboards to using virtual keyboards. And for all we know, Cook could be using even more natural human interfaces such as more voice recognition (ex: Siri in iOS and built-in dictation in OS X Mountain Lion).

Will physical keyboards go the way of the dodo in the next handful of years? It’s doubtful, but don’t be surprised if you see fewer and fewer offices with QWERTY keyboards attached to PCs and more desks and execs just carrying tablets and a smartphone on the side.

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Bon Jovi, Bruce Springsteen to Headline 12-12-12 Sandy Relief Concert

By Andrea Billups

12/07/2012 at 02:20 PM EST

Bon Jovi and Bruce Springsteen

INF; Mark J.Terrill/AP

A benefit concert to help the victims of Superstorm Sandy will showcase both hometown talent, such as Bon Jovi and Bruce Springsteen, and stars from abroad, including Paul McCartney and Eric Clapton.

The event – 12-12-12: The Concert for Sandy Relief – will be held at Madison Square Garden on Wednesday and will benefit the Robin Hood Relief Fund, which offers assistance to those in the tri-state area who have been impacted by Sandy, the devastating storm of historic proportions that has left thousands homeless and caused millions of dollars worth of damages.

The event is set for broadcast Dec. 12 and will be live-streamed right here on PEOPLE.com as well as at 121212concert.org.

Other artists set to perform include: Dave Grohl, Billy Joel, Alicia Keys, Chris Martin, Eddie Vedder, Roger Waters, Kanye West, The Who and more.

The show will be simulcast live at 7:30 p.m. in select theaters in the storm-impacted areas, and tickets will be available for free on a first-come basis. Doors open at 6:45 p.m. Participating theaters include: Clearview Cinemas, Bow Tie Cinemas, Frank Theatres, Marquee Cinemas, National Amusements and Rave Cinemas. All proceeds from the concert will go to the relief effort.

The concert is being produced by the Madison Square Garden Company, Clear Channel Entertainment Enterprises and the Weinstein Company. It is also being presented by Chase.

For more information, visit 1 21212concert.org. And check back 12-12-12 to watch the show!

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Celebrations planned as Wash. legalizes marijuana

SEATTLE (AP) — Legal marijuana possession becomes a reality under Washington state law on Thursday, and some people planned to celebrate the new law by breaking it.

Voters in Washington and Colorado last month made those the first states to decriminalize and regulate the recreational use of marijuana. Washington's law takes effect Thursday and allows adults to have up to an ounce of pot — but it bans public use of marijuana, which is punishable by a fine, just like drinking in public.

Nevertheless, some people planned to gather at 12:01 a.m. PST Thursday to smoke in public beneath Seattle's Space Needle. Others planned a midnight party outside the Seattle headquarters of Hempfest, the 21-year-old festival that attracts tens of thousands of pot fans every summer.

"This is a big day because all our lives we've been living under the iron curtain of prohibition," said Hempfest director Vivian McPeak. "The whole world sees that prohibition just took a body blow."

In another sweeping change for Washington, Gov. Chris Gregoire on Wednesday signed into law a measure that legalizes same-sex marriage. The state joins several others that allow gay and lesbian couples to wed.

That law also takes effect Thursday, when gay and lesbian couples can start picking up their wedding certificates and licenses at county auditors' offices. Those offices in King County, the state's largest and home to Seattle, and Thurston County, home to the state capital of Olympia, planned to open the earliest, at 12:01 a.m. Thursday, to start issuing marriage licenses. Because the state has a three-day waiting period, the earliest that weddings can take place is Sunday.

The Seattle Police Department provided this public marijuana use enforcement guidance to its officers via email Wednesday night: "Until further notice, officers shall not take any enforcement action — other than to issue a verbal warning — for a violation of Initiative 502."

Thanks to a 2003 law, marijuana enforcement remains the department's lowest priority. Even before I-502 passed on Nov. 6, police rarely busted people at Hempfest, despite widespread pot use, and the city attorney here doesn't prosecute people for having small amounts of marijuana.

Officers will be advising people to take their weed inside, police spokesman Jonah Spangenthal-Lee wrote on the SPD Blotter. "The police department believes that, under state law, you may responsibly get baked, order some pizzas and enjoy a 'Lord of the Rings' marathon in the privacy of your own home, if you want to."

Washington's new law decriminalizes possession of up to an ounce for those over 21, but for now selling marijuana remains illegal. I-502 gives the state a year to come up with a system of state-licensed growers, processors and retail stores, with the marijuana taxed 25 percent at each stage. Analysts have estimated that a legal pot market could bring Washington hundreds of millions of dollars a year in new tax revenue for schools, health care and basic government functions.

But marijuana remains illegal under federal law. That means federal agents can still arrest people for it, and it's banned from federal properties, including military bases and national parks.

The Justice Department has not said whether it will sue to try to block the regulatory schemes in Washington and Colorado from taking effect.

"The department's responsibility to enforce the Controlled Substances Act remains unchanged," said a statement issued Wednesday by the Seattle U.S. attorney's office. "Neither states nor the executive branch can nullify a statute passed by Congress" — a non-issue, since the measures passed in Washington and Colorado don't "nullify" federal law, which federal agents remain free to enforce.

The legal question is whether the establishment of a regulated marijuana market would "frustrate the purpose" of the federal pot prohibition, and many constitutional law scholars say it very likely would.

That leaves the political question of whether the administration wants to try to block the regulatory system, even though it would remain legal to possess up to an ounce of marijuana.

Colorado's measure, as far as decriminalizing possession goes, is set to take effect by Jan. 5. That state's regulatory scheme is due to be up and running by October 2013.

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Johnson can be reached at https://twitter.com/GeneAPseattle

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Wall Street flat, Apple helps techs to rise

NEW YORK (Reuters) - Stocks drifted near the unchanged mark on Thursday as investors postponed big bets before the November employment report on Friday, but technology stocks rose on gains in Apple and Broadcom.

Monthly payroll numbers, to be released by the Labor Department, are expected to show a sharp slowdown in jobs growth because of superstorm Sandy.

Broadcom boosted other semiconductor companies a day after it forecast fourth-quarter revenue at the high end of its target range due to slightly better-than-expected sales in its mobile business. Shares rose 1.9 percent to $32.97.

The S&P technology index <.gspt> was the best performing of the 10 major S&P sectors, gaining 0.36 percent. The PHLX semiconductor index <.sox> rose 0.5 percent.

Apple was up 1.4 percent after losing as much as 3.7 percent at the open. The stock suffered its biggest one-day drop in four years on Wednesday due to concerns about higher capital gains taxes in 2013 and the company's market share in the tablet market.

Apple Inc's rank in China's smartphone market fell to No. 6 in the third quarter as it faces tougher competition from Chinese brands, research firm IDC said.

Broader moves were limited, however, as traders focused on the "fiscal cliff" debate. About three weeks remain before a series of tax increases and spending cuts would begin that could slow growth. Legislators are trying to come up with a deal to avoid some of the negative effects on the economy while still reducing the U.S. budget deficit.

While Republican leaders in the U.S. House of Representatives insist that raising tax rates on the rich is not negotiable, some GOP lawmakers now see it as inevitable to avoid the fiscal cliff.

"As we get close to the last two weeks, things will pick up," said Gordon Charlop, managing director at Rosenblatt Securities in New York. Congress and the White House will have final discussions near the end of the year about how to handle the "fiscal cliff," he said.

Without action from Congress, tax cuts on capital gains and dividends will expire at the end of 2012, which has contributed to selling certain stocks that have done extremely well in recent years, such as Apple.

The Dow Jones industrial average <.dji> slipped 7.93 points, or 0.06 percent, at 13,026.56. The Standard & Poor's 500 Index <.spx> fell 0.14 point, or 0.01 percent, at 1,409.14. The Nasdaq Composite Index <.ixic> gained 8.31 points, or 0.28 percent, at 2,982.00.

Sirius XM Radio shares rose 1.4 percent to $2.81 after its board approved a $2 billion stock repurchase and declared a special dividend, giving a big payout to its largest shareholder, Liberty Media , which rose 2.3 percent to $108.87.

Garmin shares rose 4.5 percent to $41.49 after Standard & Poor's said it would add the navigation device maker to the S&P 500 index. Garmin will replace R.R. Donnelley & Sons after the close of trading on December 11.

(Editing by Kenneth Barry)

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Wider Chaos Feared as Syrian Rebels and Kurds Clash

Lynsey Addario for The New York Times

Syrian Kurds in Ras al-Ain are seeking refuge across the border in Ceylanpinar, Turkey.

CEYLANPINAR, Turkey — In plain view of the patrons at an outdoor cafe here in this border town, the convoy of gun trucks waving the flag of the Syrian rebels whizzed through the Syrian village of Ras al-Ain. They had not come to fight their primary enemy, the soldiers of Bashar al-Assad’s government. They had rushed in to battle the ethnic Kurds.

Lynsey Addario for The New York Times

Before the uprising in Syria, the Kurds in Ras al-Ain lived peacefully with their Arab neighbors, they say. But the war has shredded those bonds.

The confrontation spoke not only to the violence that has enveloped Syria, but also to what awaits if the government falls. The fear — already materializing in these hills — is that Syria’s ethnic groups will take up arms against one another in a bloody, post-Assad contest for power.

The Kurdish militias in northern Syria had hoped to stay out of the civil war raging in Syria. They were focused on preparing to secure an autonomous enclave for themselves within Syria should the rebels succeed in toppling the government. But slowly, inexorably, they have been dragged into the fighting and now have one goal in mind, their autonomy, which also means the balkanization of the state.

“We want to have a Kurdish nation,” said Divly Fadal Ali, 18, who fled the fighting and was recently staying in a local community center here for Kurdish refugees. “We want our own schools, our own hospitals. We want the government to admit our existence. We want recognition of our Kurdish identity.”

These skirmishes between Kurds and Arabs take on a darker meaning for Syria as the rebels appear each day to gain momentum, and the government appears less and less able to restore control. The rebels have taken over military bases, laid siege to Damascus and forced the shutdown of the airport.

But the rebels are largely Sunni Arabs, and the most effective among them are extremists aligned with Al Qaeda, a prospect that worries not only the West, but the Christians, Shiites, Druze — and Kurds — of Syria.

The fighting in Ras al-Ain, which came after a fierce battle between rebel and government forces last month, demonstrated the complexity of a bloody civil war that has already claimed more than 40,000 lives. Like the sectarian battles in Iraq after the American invasion, the recent violence between Arabs and Kurds in Syria indicates the further unraveling of a society whose mix of sects, identities and traditions were held together by the yoke of a dictator.

Analysts fear this combustible environment could presage a bloody ethnic and sectarian conflict that will resonate far beyond Syria’s borders, especially if it involves the Kurds. There is concern that Iraq’s Kurds, who are already training Syrian Kurds to fight, may jump into the Syria fight to protect their ethnic brethren. That could also pull in Turkey, which fears that an autonomous Kurdish region in Syria would become a haven for Kurdish militants to carry out cross-border attacks in the Kurdish areas in southeastern Turkey.

“The fear that an Arab-Kurdish confrontation has been ignited might lead the Kurds to ask for additional security forces to protect their lands,” said Maria Fantappie, Iraq analyst at the International Crisis Group, who is helping to prepare a report on the Syrian Kurds.

She said that the Syrian Kurdish fighters being trained in northern Iraq were on standby and could be sent to Syria, which would escalate the situation.

Before the uprising in Syria, the Kurds in Ras al-Ain lived peacefully with their Arab neighbors, they say. But the war has shredded those old bonds just as surely as the revolutions in the region have prompted the Kurds to dream of an independent nation uniting the Kurds in Syria, Iraq, Turkey and Iran, and put their own stamp on the great contest for power under way in the Middle East.

“Our time has come after so much suffering and persecution,” said Barham Salih, the former prime minister of Iraq’s regional Kurdish government. “The 20th century was cruel to the Kurds. Our rights, identity and culture were brutally suppressed.”

Sebnem Arsu contributed reporting from Ceylanpinar, and an employee of The New York Times contributed reporting from Ras al-Ain, Syria.

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Apple and Samsung return to court to battle over $1 billion verdict

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Meet PEOPLE's 2012 Heroes of the Year

Heroes Among Us

By Kristen Mascia

12/06/2012 at 02:25 PM EST

They stepped up to help people in need, often putting themselves in harm's way.

One thing PEOPLE's incredible 2012 Heroes of the Year award winners all have in common: selflessness and compassion. This week, PEOPLE profiles individuals whose extraordinary bravery and kindness stood out this year.

Michael McDonnell, 51, and Dylan Smith, 23, of Belle Harbor, N.Y., are two of them.

During Superstorm Sandy Oct. 29, as a 6 ft. surge roared down their block, and a fire from a gas line explosion engulfed houses around them, McDonnell, a sales director for Chefs Diet, and Smith, a lifeguard, ushered six people to safety with a homemade rope bridge and Smith's surfboard.

Says neighbor Katie Cregg, whom the pair helped: "Michael just took charge. He looked me straight in the eye, and I knew then and there we were going to be okay. And then the kid with the surfboard arrived like an angel, and everyone's spirits lifted."

McDonnell and Smith are in good company.

Among 2012's other winners: Father and son pair J.D., 52, and James Bennett, 32, who pulled two toddlers from a burning van in Sanger, Calif.; Madison Wallraf, 16, of Johnsburg, Ill., who raced in and out of a burning barn to help save 22 horses; and N.Y.P.D. Officer Larry DePrimo, who bought shoes for a barefoot man during a cold night in New York City last month – and became a worldwide hero.

An overnight celebrity since a photo of his kind act went viral, DePrimo, 25, says he hopes what he did inspires others.

"I just love to help people," the humble officer says. "That's why I became a cop."

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Longer tamoxifen use cuts breast cancer deaths

Breast cancer patients taking the drug tamoxifen can cut their chances of having the disease come back or kill them if they stay on the pills for 10 years instead of five years as doctors recommend now, a major study finds.

The results could change treatment, especially for younger women. The findings are a surprise because earlier research suggested that taking the hormone-blocking drug for longer than five years didn't help and might even be harmful.

In the new study, researchers found that women who took tamoxifen for 10 years lowered their risk of a recurrence by 25 percent and of dying of breast cancer by 29 percent compared to those who took the pills for just five years.

In absolute terms, continuing on tamoxifen kept three additional women out of every 100 from dying of breast cancer within five to 14 years from when their disease was diagnosed. When added to the benefit from the first five years of use, a decade of tamoxifen can cut breast cancer mortality in half during the second decade after diagnosis, researchers estimate.

Some women balk at taking a preventive drug for so long, but for those at high risk of a recurrence, "this will be a convincer that they should continue," said Dr. Peter Ravdin, director of the breast cancer program at the UT Health Science Center in San Antonio.

He reviewed results of the study, which was being presented Wednesday at a breast cancer conference in San Antonio and published by the British medical journal Lancet.

"The result of this trial will have a major, immediate impact on premenopausal women," Ravdin said.

About 50,000 of the roughly 230,000 new cases of breast cancer in the United States each year occur in women before menopause. Most breast cancers are fueled by estrogen, and hormone blockers are known to cut the risk of recurrence in such cases.

Tamoxifen long was the top choice, but newer drugs called aromatase inhibitors — sold as Arimidex, Femara, Aromasin and in generic form — do the job with less risk of causing uterine cancer and other problems.

But the newer drugs don't work well before menopause. Even some women past menopause choose tamoxifen over the newer drugs, which cost more and have different side effects such as joint pain, bone loss and sexual problems.

The new study aimed to see whether over a very long time, longer treatment with tamoxifen could help.

Dr. Christina Davies of the University of Oxford in England and other researchers assigned 6,846 women who already had taken tamoxifen for five years to either stay on it or take dummy pills for another five years.

Researchers saw little difference in the groups five to nine years after diagnosis. But beyond that time, 15 percent of women who had stopped taking tamoxifen after five years had died of breast cancer versus 12 percent of those who took it for 10 years. Cancer had returned in 25 percent of women on the shorter treatment versus 21 percent of those treated longer.

Tamoxifen had some troubling side effects: Longer use nearly doubled the risk of endometrial cancer. But it rarely proved fatal, and there was no increased risk among premenopausal women in the study — the very group tamoxifen helps most.

"Overall the benefits of extended tamoxifen seemed to outweigh the risks substantially," Dr. Trevor Powles of the Cancer Centre London wrote in an editorial published with the study.

The study was sponsored by cancer research organizations in Britain and Europe, the United States Army, and AstraZeneca PLC, which makes Nolvadex, a brand of tamoxifen, which also is sold as a generic for 10 to 50 cents a day. Brand-name versions of the newer hormone blockers, aromatase inhibitors, are $300 or more per month, but generics are available for much less.

The results pose a quandary for breast cancer patients past menopause and those who become menopausal because of their treatment — the vast majority of cases. Previous studies found that starting on one of the newer hormone blockers led to fewer relapses than initial treatment with tamoxifen did.

Another study found that switching to one of the new drugs after five years of tamoxifen cut the risk of breast cancer recurrence nearly in half — more than what was seen in the new study of 10 years of tamoxifen.

"For postmenopausal women, the data still remain much stronger at this point for a switch to an aromatase inhibitor," said that study's leader, Dr. Paul Goss of Massachusetts General Hospital. He has been a paid speaker for a company that makes one of those drugs.

Women in his study have not been followed long enough to see whether switching cuts deaths from breast cancer, as 10 years of tamoxifen did. Results are expected in about a year.

The cancer conference is sponsored by the American Association for Cancer Research, Baylor College of Medicine and the UT Health Science Center.

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Marilynn Marchione can be followed at http://twitter.com/MMarchioneAP

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Dow, S&P rebound on banks, but Nasdaq sours with Apple

NEW YORK (Reuters) - Stocks mostly rose on Wednesday, boosted by a rally in bank shares, though a steep drop in Apple limited the advance and kept the Nasdaq in negative territory.

Trading was volatile, with the S&P 500 dropping into negative territory at one point and the Nasdaq falling more than 1 percent before rebounding. The Dow, which doesn't contain Apple Inc as a component, climbed 1 percent by midday.

Apple, the largest U.S. company by market capitalization and a big weight in both the S&P 500 and the Nasdaq, fell 4.7 percent to $548.88. Apple is down more than 22 percent from an all-time high reached in late September.

The S&P 500 reversed course after briefly falling below the 1,400 level, seen as a key support point over the past two weeks.

"There's still psychological interest in buying the market," said John Brady, managing director at R.J. O'Brien & Associates in Chicago. At the 1,400 level, "we find again ‘dip buyers' there. They strongly believe a deal (on the fiscal cliff) is going to get done."

For several weeks, investors have reacted quickly to whiffs of sentiment from Washington in headlines about negotiations between the White House and congressional leaders over a deal on how to avoid the "fiscal cliff" - a series of mandatory spending cuts and tax increases effective in early January that could push the U.S. economy into recession next year.

President Barack Obama told the Business Roundtable, a group of chief executives, on Wednesday that a fiscal cliff deal was possible "in about a week" if Republicans acknowledged the need to raise taxes on the wealthiest Americans.

The Dow Jones industrial average <.dji> was up 115.44 points, or 0.89 percent, at 13,067.22. The Standard & Poor's 500 Index <.spx> was up 5.71 points, or 0.41 percent, at 1,412.76. But the Nasdaq Composite Index <.ixic> was down 13.75 points, or 0.46 percent, at 2,982.94.

Apple's slide weighed heavily on the Nasdaq. Market participants cited a host of reasons for the drop in the iPad maker's stock, including a consultant's report about the company losing share in the tablet market and reports that margin requirements had been raised by at least one clearing firm.

Apple has "to hit another home run to get $700 again," said Brian Battle, director of trading at Performance Trust Capital Partners in Chicago. "They need another new product that hits it out of the park. Without that, they could get a gradual grind-down in confidence ... this is not going to be a short-term trend."

On the upside, The Travelers Cos Inc rose 5.1 percent to $74.111 and ranked as the Dow's top gainer after the property and casualty insurance company said its preliminary estimate of net losses from Superstorm Sandy was about $650 million after tax.

Banks were also strong, with the S&P financial sector index <.gspf> climbing 1.5 percent. The rally was led by a 7.3 percent climb in Citigroup to $36.79 after the company said it would cut 4 percent of its workforce in a cost-cutting move. The KBW Bank Index <.bkx> rose 2 percent.

Bank of America shares shot up 6.1 percent to $10.51, just a touch off a new 52-week high at $10.52.

Freeport-McMoRan Copper & Gold Inc fell 15.2 percent to $32.47 as the S&P 500's biggest percentage decliner. The company said it was acquiring Plains Exploration & Production Co and McMoRan Exploration Co in two separate deals for $9 billion in cash and stock in a major expansion into energy.

McMoRan Exploration soared 83.6 percent to $15.53 and Plains Exploration & Production surged 24.4 percent to $44.83.

Economic data from payrolls processor ADP showed U.S. private-sector hiring took a hit in November due to the impact of Superstorm Sandy, which ravaged consumers and businesses in the Northeastern United States, but the huge services sector kept expanding albeit at a modest pace, according to the Institute for Supply Management.

(Additional reporting by Rodrigo Campos; Editing by Jan Paschal)

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