Chicago restaurateurs shrug off economic worries









Chicago may have lost a few of its Michelin-starred restaurants in 2012 and waved goodbye to the inimitable Charlie Trotter's, but the higher-end restaurant scene is powering up in ways not seen since prerecession days, according to industry players and observers.


Local operators with a hit or two are embarking on ambitious ventures, though keeping an eye on startup costs and menu prices. A handful of chefs with established followings, among them Curtis Duffy and Iliana Regan, are sticking out their necks with riskier fine-dining ventures. And some prominent out-of-towners are investing on a grand scale, with a Del Frisco's Double Eagle Steakhouse just opened in the former Esquire Theater on Oak Street, and an Italian food and wine marketplace, Eataly, planned for the former ESPN Zone site in River North.


The flurry of activity is seen by some as a signal the economy has stabilized, at least for now.





"People are out spending money again, and corporations are hosting expensive dinners again, and there was a period when that was not happening," said Neil Stern, senior partner at McMillanDoolittle, a retail consultancy. "It affects the high end significantly."


Still, the bubbling of enthusiasm for the upper end of the market is something of an anomaly. The rebound in Chicago restaurant startups across all price ranges is tenuous. The city issued 1,458 new retail food licenses in 2012, only 11 more than in 2010 and below the 1,589 issued in 2007, the year leading into the recession.


Just as there are new arrivals, there were some big losses last year in this notoriously volatile business. Notable exits include Charlie Trotter's, Crofton on Wells, Il Mulino, One Sixtyblue, Pane Caldo and Ria at the Waldorf Astoria, one of several luxury hotels to step away from fine dining.


Weak economic conditions played a role for some, and the forecast for 2013 remains uncertain.


"It's a precarious market, and one economic blip really can take demand out of the market very, very quickly," Stern said.


Still, upscale-restaurant operators are moving ahead, betting on Chicagoans' seemingly endless fascination with food trends, dining out and the city's robust roster of accomplished chefs.


"When I was a child, people would go to each other's homes for a dinner party every week and would rarely go to restaurants — now it is almost the opposite," said David Flom, who with his business partner Matthew Moore hit a grand slam with Chicago Cut Steakhouse in River North, which opened in 2010. Steaks range from $34 to $114; soup, salad, sauces, vegetables and potatoes all are extra.


In December, they opened The Local at the Hilton Suites in Streeterville, a more modestly priced venue where executive chef Travis Strickland, formerly of the Inn at Blackberry Farm, is serving locally sourced comfort food. Meatloaf made with prime dry-aged beef goes for $24, rotisserie chicken pot pie for $22.


"People can use The Local as an everyday restaurant," Flom said. "People can say, 'Let's just grab a burger at The Local.' It doesn't have to be $100 a person, it can be $25."


At Chicago Cut, the average check, per person, is $82, including drinks, versus $44 at The Local, he said.


Industry observer Ron Paul, president and CEO of Technomic Inc., said he is particularly intrigued by the growing strength of such emerging independents, who are nipping at the heels of Lettuce Entertain You Enterprises Inc., even as that homegrown powerhouse continues to churn out winning concepts.


As restaurant real estate broker Randee Becker, president of Restaurants!, put it: "People who are doing north of $8 million to $10 million of sales are expanding in a big way."


After establishing a high-style, large-scale foothold in River North with the opening of Epic in 2009, proprietors Steve Tavoso and Jeff Krogh last fall embarked on a second act in the neighborhood. They engaged prominent chefs — Thomas Elliott Bowman and Ben Roche, who worked together at Moto — but kept their initial investment more modest this time.


Their latest entry, the eclectic Baume & Brix, opened last fall in the former Rumba space, which had most of the necessary mechanical, electrical, plumbing and kitchen elements in place. Startup costs were about $1.5 million, compared with more than $5 million spent to open Epic. "I took raw space (for Epic) — I would never do that again," Tavoso recalled.


Mercadito Hospitality, whose Chicago offerings include high-energy Latin American tapas spots Mercadito and Tavernita, also is watching its pennies on startups, its most recent being Little Market Brasserie in the Talbott Hotel. Led by chef/partner Ryan Poli, the restaurant has quietly opened with a Parisian decor and American small plates. Its grand opening is expected Jan. 18.


"We are aware of the fact the economy is not fully recovered, so we try to keep our expenses down without sacrificing quality," said managing partner Alfredo Sandoval.


The Chicago-based group intends to keep expanding. It just signed a lease at a River North spot with a 4 a.m. liquor license, with plans to open a drinks-focused venue there in 2013.





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Second escaped inmate caught in former neighborhood

Chicago Tribune reporter Jason Meisner on the recent arrest of Kenneth Conley, a convicted bank robber who escaped from federal jail in December. (Posted on: Jan. 4, 2013.)









Kenneth Conley was last seen by authorities making a daring escape down the side of a high-rise federal jail under the cover of night.


Friday afternoon, he was found hobbling down a Palos Hills street with a cane, one part of a flimsy disguise that included a bulky overcoat and a beret pulled low over his face.


An 18-day manhunt for the escaped bank robber ended after a maintenance employee working at a residential building in the southwest suburb called 911 about a suspicious man.








Conley, as it turns out, had not gone very far from places he used to live and homes where friends and family still reside.


But law enforcement sources said Friday that he apparently had no help — the former strip club employee was sleeping in the building's basement.


Conley was scheduled to appear in federal court at 10:30 a.m. Saturday.


The spectacular jailbreak — the first at the Metropolitan Correctional Center in almost 30 years — embarrassed federal authorities and seemed to be meticulously planned. Conley and Joseph "Jose" Banks rappelled to freedom using a rope fashioned from bedsheets. But like Banks, who was arrested two days after the escape in the North Side neighborhood where he was raised, Conley had no apparent plan for life on the run and was found holed up in an area where he had known ties.


Palos Hills police said a maintenance worker at a building in the 10200 block of South 86th Terrace called police about 3:30 p.m. to report the "suspicious person" who might be sleeping at the premises. Officers arrived to find a man walking down the street in an overcoat and pretending to use a cane. He appeared to be trying to look older than his actual age, police said.


"Our officers stopped to talk to him and he said he was just visiting," Deputy Chief James Boie told the Tribune. "He gave them a phony name, and while they're trying to run the information, he got wise that they were going to figure it out, and he pushed one of the officers down and took off running."


Boie said two additional officers responding to the scene caught Conley about a block away as he was trying to force his way into the Scenic Tree apartment complex, which is across the street from the police headquarters. He was wrestled down but did not offer any other resistance. Conley and one officer were taken to Palos Community Hospital for observation, he said.


Police found a BB pistol in Conley's pocket. He had no cash or other weapons, Boie said.


Residents in the sprawling, low-rise apartment complex where Conley was apprehended said they had seen a lot of police activity in the area earlier in the day, including K-9 units.


Chris Stevens, who has lived in the complex for a decade, said FBI agents knocked on her door at about 7 a.m., showed her a photo of Conley and asked if she had seen him. The agents told her he had been spotted in the area.


By the afternoon, Stagg High School junior David Griffith, 16, said he was with a friend taking out the garbage at the complex when he heard shouting and saw an officer run past him into a grassy area behind his building.


"We ran back in my house, opened the patio door, looked in the back and just saw a whole bunch of police officers just tackle (Conley)," Griffith said. "It was crazy. Nothing ever happens over here."


According to court records, Conley once lived in an apartment near the scene of his arrest. Boie said Conley was known to Palos Hills police because he'd had multiple resisting and obstructing arrests in 2004. Even still, they were surprised when they realized whom they had just arrested.


"I'm sure they were a little surprised that they had the guy standing in front of them,'' Boie said.


A law enforcement source told the Tribune that U.S. marshals and FBI agents met this week to discuss the hunt for Conley and went to Palos Hills on Friday morning to canvass specific addresses where he had ties. Some of the doors they knocked on were in the same block where Conley was found later in the day, the source said.


Conley, 38, was awaiting sentencing for a single bank holdup when authorities said he and Banks removed a cinder block from their cell wall and scaled down about 15 stories of the sheer wall of the jail early on Dec. 18. The cellmates were last accounted for during a routine bed check, authorities said. About 7 a.m. the next day, jail employees arriving for work saw the bedsheets dangling from a hole in the wall down the south side of the facade.


The FBI said a surveillance camera a few blocks from the jail showed the two wearing light-colored clothing hailing a taxi at Congress Parkway and Michigan Avenue about 2:40 a.m. They also appeared to be wearing backpacks, according to the FBI.





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EU says its Google case not affected by U.S. ruling


BRUSSELS (Reuters) - A decision by U.S. regulators to end a probe into whether Google Inc hurt rivals by manipulating internet searches will not affect the European Union's examination of the company.


"We have taken note of the FTC (Federal Trade Commission) decision, but we don't see that it has any direct implications for our investigation, for our discussions with Google, which are ongoing," said Michael Jennings, a spokesman for the European Commission, the EU executive.


U.S. regulators on Thursday ended their investigation into the giant internet company, which runs the world's most popular search engine.


Other internet companies, such as Microsoft Corp, had complained about Google tweaking its search results to give prominence to its own products. But the FTC said there was not enough evidence to pursue a big search-bias case.


The European Commission has for the past two years been investigating complaints against Google, including claims that it unfairly favored its own services in its search results.


Google presented informal settlement proposals to the Commission in July. On December 18 the Commission gave the company a month to come up with detailed proposals to resolve the investigation.


If it fails to address the complaints and is found guilty, Google could eventually be fined up to 10 percent of its revenue - a fine of up to $4 billion.


(Reporting By Ethan Bilby; Editing by Sebastian Moffett and David Goodman)



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Manziel, Texas A&M beat Oklahoma 41-13 in Cotton


ARLINGTON, Texas (AP) — Johnny Manziel stretched out both of his arms and ran off the field as if he was flying.


With the Heisman Trophy-winning quarterback known as Johnny Football, Texas A&M certainly is soaring in the SEC.


Manziel tiptoed the sideline for a 23-yard touchdown on the first drive of the Cotton Bowl, the first of his four touchdowns as part of his bowl-record 516 total yards and the Aggies capped their first SEC season with a 41-13 win over 12th-ranked Oklahoma on Friday night.


"To come in and go against a Big 12 rival and do everything we wanted as a team, and send these seniors out with a win, we couldn't feel any better," Manziel said after his first game since becoming the first freshman to win the Heisman.


With first-year coach Kevin Sumlin and their young star quarterback, the Aggies (11-2) broke the SEC record with their 7,261 total yards this season (the first over 7,000 after 633 in Cowboys Stadium). They also averaged more than 40 points a game.


And they capped their debut season with an overwhelming victory in the only postseason game matching teams from those power conferences. It is the Aggies' first 11-win season since 1998, when they won their only Big 12 title.


The chants of "S-E-C!, S-E-C!" began after Manziel's 33-yard TD pass to Ryan Swope with 4 minutes left in the third quarter for a 34-13 lead. They got louder and longer after that.


"I think tonight was really indicative of this season," Sumlin said. "It's one of the teams I thought in the country that truly got better every week."


Texas A&M never trailed while winning its last six games. That included a win at SEC champion Alabama, which plays for the BCS national title Monday night.


Manziel set an FBS bowl record with his 229 yards rushing on 17 carries, and completed 22 of 34 passes for 287 yards.


"Johnny Manziel is everything he was billed to be, expected him to be," said Oklahoma coach Bob Stoops, who after the game shook the quarterback's hand and told him "good job."


SEC teams have won the last five Cotton Bowls, all against Big 12 teams, and nine out of 10. That included Texas A&M's loss to LSU only two years ago.


Oklahoma, led by quarterback Landry Jones in his 50th career start, had 401 total yards.


Jones completed 35 of 48 passes for 278 yards with a touchdown and an interception. He won 39 games and three bowls for the Sooners, in a career that started on the same field in the 2009 season opener when he replaced injured Heisman winner Sam Bradford in the first college game at Cowboys Stadium.


Texas A&M led by only a point at halftime, but scored on its first three drives of the second half — on drives of 91 and 89 yards before Swope's score on a fourth-and-5 play.


Oklahoma (10-3), which like the Aggies entered the game with a five-game winning streak, went three-and-out on its first three drives after halftime.


"In the first half, we played together as a team, limited them, used the clock, scored. That's how you have to play them. In the second half it totally broke down offensively and defensively," Stoops said. "We had guys plenty of times in position to make a play. Couldn't make a play."


Already with a 24-yard gain on an earlier third down on their opening drive, the Aggies had third-and-9 when Manziel rolled to his left and took off. When he juked around a defender and got near the sideline, he tiptoed to stay in bounds and punctuated his score with a high-step over the pylon for a quick lead.


Officials reviewed the touchdown play, but it was clear by the replay shown on the huge video screen above the Cowboys Stadium field that Manziel stayed in bounds.


"There is too much talk about how you perform after the Heisman and about the layoff and all of that," said Manziel, who set an SEC record with 4,600 total yards in the regular season. "There wasn't anything holding us back. No rust, there was no nothing. We played as a unit. ... To go out and win 11 games and do what we've done, is impressive."


Manziel added a 5-yard TD on a bootleg play in the second quarter, and capped the scoring with a 34-yard pass to Uzoma Nwachukwu with 9 minutes left in the game.


The first TD run was Manziel's school-record 20th of the season. He became only the fourth FBS quarterback with 20 TDs rushing and 20 passing in the same season.


The other 20-20 quarterbacks were Auburn's Cam Newton and Florida's Tim Tebow, who like Manziel are Heisman winners from the SEC, and Nevada's Colin Kaepernick.


Oklahoma needed drives of 16 and 18 plays to get a pair of field goals by Michael Hunnicutt (23 and 24 yards). Jones threw a 6-yard TD pass to Justin Brown just before halftime to make it 14-13.


Jones set Cotton Bowl records when he had 23 completions and 30 attempts (for 175 yards) by halftime.


Ben Malena (7 yards) and Trey Williams (30 yards) had the TD runs to cap the long scoring drives in the third quarter for the Aggies.


Manziel was picked off in the second quarter after his bootleg move and a throw that hit Malcome Kennedy in the hands in the end zone and deflected into the air. Javon Harris grabbed the interception.


The Sooners then crossed midfield before Jones had a pass intercepted by Dustin Harris and returned to the Oklahoma 48.


That A&M drive started with a little trickery, Manziel holding the ball down in his left hand while faking a throw with his right hand. He then pitched to Kenric McNeal, who threw a 20-yard pass to Mike Evans. Two plays later, Manziel had his bootleg TD run.


Oklahoma was in the Cotton Bowl for only the second time. It was the first bowl matchup between the former Big 12 rivals, but the 17th consecutive season they have played each other.


The Sooners had won 11 of 13 since Bob Stoops became their coach. That included a 77-0 Oklahoma win in 2003 that was the most-lopsided loss in Texas A&M history.


Sumlin was the A&M offensive coordinator in 2002 when the Aggies upset the top-ranked Sooners. The next year, Sumlin was hired by Stoops as an assistant, and he stayed there five seasons before going to Houston as head coach and then the Aggies.


"Words can't describe how I feel," said Damontre Moore, A&M's leading tackler who has already said he will bypass his senior season for the NFL draft. "I'm just overwhelmed with excitement and joy, just to get such a big win, all the goals that we set for ourselves at the beginning of the season, to see them be accomplished."


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Joe Biden, Reality TV Star? Huh?






LOS ANGELES (TheWrap.com) – Kim Kardashian. Honey Boo Boo. Joe Biden?


Vice President Biden could join the ranks of the reality TV elite if the supporters of a new petition have their way.






A petition published on the White House website is urging the Obama administration to authorize a recurring TV show on public-affairs cable network C-SPAN that would chronicle Biden’s day-to-day antics as he interacts with the world at large.


The petition cites Biden’s winning personality and unifying presence as a selling point for the potential ratings-grabber.


“Vice President Joe Biden has a demonstrated ability to bring people together, whether at the negotiating table or at the neighborhood diner,” the petition reads. “We, therefore, urge the Obama Administration to authorize the production of a recurring C-SPAN television program featuring the daily activities and interactions of the Vice President with elected officials, foreign dignitaries and everyday American families.”


The petition goes on to assert that the program would educate the public about the vice president’s duties and responsibilities, but also provide “a glimpse of the lighthearted side of politics even in the midst of contentious and divisive national debates.”


So far, the petition has received just over 600 signatures – out of a goal of 25,000.


Biden, who’s practically turned the verbal gaffe into an art form, wowed many with his theatrical flair at the swearing-in ceremony for the new senators on Thursday, which aired on CSPAN-2.


“I want you next to me,” Biden said to one senator’s wife. “You got a smile that lights up the chamber. Your smile lights up the room. Come on, sis, get in here.”


North Dakota Sen. Mary Kathryn “Heidi” Heitkamp’s husband, meanwhile, was met with, “Spread your legs, you’re about to be frisked.”


A Biden reality show would no doubt provide plenty of opportunity for other such gems. To say nothing of the Very Special Episode when Obama tells Biden that he’s not allowed to wash his Trans Am in the White House driveway anymore.


TV News Headlines – Yahoo! News





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FDA proposes sweeping new food safety rules


WASHINGTON (AP) — The Food and Drug Administration on Friday proposed the most sweeping food safety rules in decades, requiring farmers and food companies to be more vigilant in the wake of deadly outbreaks in peanuts, cantaloupe and leafy greens.


The long-overdue regulations could cost businesses close to half a billion dollars a year to implement, but are expected to reduce the estimated 3,000 deaths a year from foodborne illness. Just since last summer, outbreaks of listeria in cheese and salmonella in peanut butter, mangoes and cantaloupe have been linked to more than 400 illnesses and as many as seven deaths, according to the federal Centers for Disease Control and Prevention. The actual number of those sickened is likely much higher.


The FDA's proposed rules would require farmers to take new precautions against contamination, to include making sure workers' hands are washed, irrigation water is clean, and that animals stay out of fields. Food manufacturers will have to submit food safety plans to the government to show they are keeping their operations clean.


Many responsible food companies and farmers are already following the steps that the FDA would now require them to take. But officials say the requirements could have saved lives and prevented illnesses in several of the large-scale outbreaks that have hit the country in recent years.


In a 2011 outbreak of listeria in cantaloupe that claimed 33 lives, for example, FDA inspectors found pools of dirty water on the floor and old, dirty processing equipment at Jensen Farms in Colorado where the cantaloupes were grown. In a peanut butter outbreak this year linked to 42 salmonella illnesses, inspectors found samples of salmonella throughout Sunland Inc.'s peanut processing plant in New Mexico and multiple obvious safety problems, such as birds flying over uncovered trailers of peanuts and employees not washing their hands.


Under the new rules, companies would have to lay out plans for preventing those sorts of problems, monitor their own progress and explain to the FDA how they would correct them.


"The rules go very directly to preventing the types of outbreaks we have seen," said Michael Taylor, FDA's deputy commissioner for foods.


The FDA estimates the new rules could prevent almost 2 million illnesses annually, but it could be several years before the rules are actually preventing outbreaks. Taylor said it could take the agency another year to craft the rules after a four-month comment period, and farms would have at least two years to comply — meaning the farm rules are at least three years away from taking effect. Smaller farms would have even longer to comply.


The new rules, which come exactly two years to the day President Barack Obama's signed food safety legislation passed by Congress, were already delayed. The 2011 law required the agency to propose a first installment of the rules a year ago, but the Obama administration held them until after the election. Food safety advocates sued the administration to win their release.


The produce rule would mark the first time the FDA has had real authority to regulate food on farms. In an effort to stave off protests from farmers, the farm rules are tailored to apply only to certain fruits and vegetables that pose the greatest risk, like berries, melons, leafy greens and other foods that are usually eaten raw. A farm that produces green beans that will be canned and cooked, for example, would not be regulated.


Such flexibility, along with the growing realization that outbreaks are bad for business, has brought the produce industry and much of the rest of the food industry on board as Congress and FDA has worked to make food safer.


In a statement Friday, Pamela Bailey, president of the Grocery Manufacturers Association, which represents the country's biggest food companies, said the food safety law "can serve as a role model for what can be achieved when the private and public sectors work together to achieve a common goal."


The new rules could cost large farms $30,000 a year, according to the FDA. The agency did not break down the costs for individual processing plants, but said the rules could cost manufacturers up to $475 million annually.


FDA Commissioner Margaret Hamburg said the success of the rules will also depend on how much money Congress gives the chronically underfunded agency to put them in place. "Resources remain an ongoing concern," she said.


The farm and manufacturing rules are only one part of the food safety law. The bill also authorized more surprise inspections by the FDA and gave the agency additional powers to shut down food facilities. In addition, the law required stricter standards on imported foods. The agency said it will soon propose other overdue rules to ensure that importers verify overseas food is safe and to improve food safety audits overseas.


Food safety advocates frustrated over the last year as the rules stalled praised the proposed action.


"The new law should transform the FDA from an agency that tracks down outbreaks after the fact, to an agency focused on preventing food contamination in the first place," said Caroline Smith DeWaal of the Center for Science in the Public Interest.


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'McDreamy' says he beat Starbucks for coffee chain


SEATTLE (AP) — "Grey's Anatomy" star Patrick Dempsey may be the real "McSteamy."


The actor, who was dubbed "McDreamy" as a star of the hospital drama while his co-star was called "McSteamy," may soon be serving hot, steaming cups of Joe.


Dempsey won a bankruptcy auction to buy Tully's Coffee, a small coffee chain based in Seattle. Among those he beat out is Tully's much bigger Seattle neighbor, Starbucks Corp., which is known for its ubiquitous white cups with a circular green mermaid logo.


Dempsey, whose company Global Baristas LLC plans to keep the Tully's name, declared victory on the social media site Twitter: "We met the green monster, looked her in the eye, and...SHE BLINKED! We got it! Thank you Seattle!


The win for Dempsey deals a rare setback for Starbucks on its home turf. Starbucks has long been both praised for bringing "coffeehouse culture" to the U.S. and criticized for crushing smaller chains. The coffee giant, which had planned to convert the Tully's cafes to its own brand, last month announced plans to expand its global footprint to 20,000 cafes over the next two years, up from the current 18,000.


Dempsey said in an interview on Friday that as the underdog in Seattle, Tully's will need to find its identity.


"It's a much smaller chain that has a lot of potential that hasn't been given the proper care," he said.


But in a statement shortly after the auction on Thursday, Starbucks insinuated that Dempsey shouldn't celebrate just yet.


Starbucks, which wanted to convert the Tully's cafes to its own brand, said that a final determination on the winning bid won't be made until a court hearing on Jan. 11. Starbucks said it's in a "backup" position" to buy 25 of the 47 Tully's cafes, with another undisclosed bidder making an offer for the remainder.


The combined bids of Starbucks and the undisclosed bidder come to $10.6 million, above the $9.2 million Dempsey's company is offering to pay through his company, which was formed in order to purchase Tully's. The other investors in Global Baristas aren't being disclosed.


Tully's Coffee, which is known for serving Joe with a milder taste than Starbucks brand, filed for Chapter 11 bankruptcy protection in October, citing lease obligations and underperforming stores. Tully's wholesale business, which includes Tully's Coffee in bags and single serve K-cup packs that are sold in supermarkets and other stores, is owned separately by Green Mountain Coffee Roasters Inc.


TC Global Inc., the parent company of Tully's, said in a release Friday that it was "encouraged and excited" about Dempsey's commitment to the chain.


Tully's President and CEO Scott Pearson called the deal a "great match" and that the goal is to make sure creditors get paid and to keep as many people employed as possible.


A bankruptcy court document signed late Friday by Pearson and Dempsey said TC Global had determined that Global Baristas submitted the successful bid.


"With this court filing, it's official - our group has been chosen as the successful bidder," Dempsey said in a statement. "We look forward to the court's final approval on Jan. 11."


Earlier in the day, Dempsey said he planned to be very involved in the running of the company, adding that the immediate challenges were to address bookkeeping issues, staff morale and sprucing up the coffee shops. Once the business is stabilized, Dempsey said the long-term goal would be to take the chain national.


"We can pull this off. We just have to take steps that are slow and smart," he said. "I'm going to get behind the counter. I'm going to serve coffee...I'm going to give the company a boost of energy."


Although Dempsey lives in Los Angeles, he plans to spend more time in Seattle, the city where "Grey's Anatomy" is set in. Dempsey said he believed there is room in the city for Tully's and the much larger Starbucks; he noted there might be people who are rooting for the underdog.


"In a society where there are so many big corporations that swallow the little guy, we thought, let's not let this happen to this company," he said.


Dempsey made an appearance Friday morning at a Tully's near Pike Place Market, shaking hands with workers and greeting customers before visiting other stores. Several dozen people, mostly women, came into the store.


Patrease Estelle, 45, works nearby, and came in with a small group from her office.


"I will take whatever I can get. A photo, a hug, a 'hey, how you doing,' a wink," said Estelle, who got a picture and handshake with the actor.


___


Blankinship reported from Seattle and Choi from New York.


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Shares in Jewel parent soar on report of deal









Stock in Jewel-Osco parent Supervalu soared 13.5 percent Friday on speculation that the company is on the brink of a deal with Cerberus Capital Management.

Shares for the Eden Prairie, Minn-based grocery company closed at $2.94.

Supervalu spokesman Mike Siemienas said the company is in talks with several suitors, though a deal is not assured.  A representative for Cerberus Capital Management, a New York-based investment firm, declined to comment for this story.

The Eden Prarie, Minn-based company, which also owns Albertsons, Cub, Acme and Save-A-Lot stores, said it was exploring strategic alternatives, including a sale, in July. Days later, Supervalu dismissed CEO Craig Herkert, and Chairman Wayne Sales stepped in to run the troubled grocer.

Supervalu sales and earnings have lagged those of competitors for years. In 2012, the company's stock price fell 69.6 percent and return on investment declined 68.6 percent, according to Bloomberg. Average stock prices in the broader consumer staples market rose 7.4 percent and returns gained 10.7 percent in the period.

For the fiscal year ended Feb. 25, Supervalu reported a loss of $1.04 billion, which included a $519 million operating loss and $509 million in interest expense. Sales declined 3 percent, to $27.9 billion. The company has carried an onerous debt load since buying Albertsons, which included Chicago's Jewel-Osco chain, in 2006, making Supervalu the subject of bankruptcy  speculation.

Cerberus is rumored to be in the mix to buy parts of the company. The firm has experience in the food retail sector and was an investor in the 2006 Albertsons deal. Cerberus still holds a stake in Albertsons and Strategic Restaurants, a Burger King franchisee with more than 250 restaurants.

eyork@tribune.com | twitter: @emilyyork

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Firm bringing HQ to Chicago









St. Louis-based construction firm Clayco Inc. is moving its headquarters to Chicago, attracted by ease of air travel, proximity to clients, access to young professionals and the potential to land city business as Mayor Rahm Emanuel pushes ahead with public-private partnerships for infrastructure improvements, its top executive said Thursday.

Clayco Chairman and CEO Robert Clark and Emanuel are expected to formally announce the move Friday.

Two-hundred and eighty of the company's 1,000 employees already work in the Chicago area, including 88 who work full time at the Jewelers Building, 35 E. Wacker Drive, which becomes company headquarters.

The company expects to double its Chicago workforce during the next couple of years, in part by increasing its architectural business and expanding its infrastructure business.

Clark said the company is seeking to acquire a municipal engineering company as part of an effort to develop its infrastructure business during the next few years. Now focused on industrial, office and institutional projects, the company would like to add a fourth specialty area that would go after water, sewer, road, bridge and airport work, Clark said.

"In the long run, public-private partnerships are something I'm very intrigued about and interested in pursuing," he said. "I don't think we'll do it overnight. … It may be three years from now, until we have significant traction in the (infrastructure) market."

"We're interested in national projects, not just local," he said. "But hopefully we'll have work in our own backyard."

Clayco donated $50,000 to Emanuel's mayoral campaign in late 2010, and Clark donated an additional $10,000 in September to The Chicago Committee, the mayor's campaign fund, according to the Illinois State Board of Elections. Clark said his contributions to a variety of politicians stem from personal convictions and have no relation to his business endeavors.

Tom Alexander, a spokesman for Emanuel, said: "Clayco is choosing Chicago because Chicago offers them unique access to world-class talent and a location from which they can easily and effectively do business around the world, period. Any type of private-public building project would undergo the city's very strict, competitive procurement process."

Last spring, Emanuel won City Council approval for the formation of the Chicago Infrastructure Trust, which will endeavor to secure private financing for public infrastructure projects.

Clayco's shift into downtown Chicago began in October 2010, when it opened offices in the Jewelers Building. Employees who had been based in Oakbrook Terrace have moved there, as have a handful of executives from St. Louis. Clark relocated to Chicago in September 2010.

The company did not seek or receive any financial incentives for its move, the city said. Clayco will keep its St. Louis office intact, and no layoffs are planned as part of the relocation.

Clark and Emanuel first met when Emanuel worked in the Clinton White House. Clark, who was active with the Young Presidents' Organization, worked with Emanuel on some events at the White House. Their paths have crossed a number of times since then, including during President Barack Obama's campaign in 2008.

A meeting with Emanuel played a role in the decision to relocate company headquarters, Clark said. It occupies the 13th and 27th floors of the Jewelers Building, or 30,000 square feet.

"He asked me to target our national clients and bring them here," Clark recalls. "Quite frankly, I was blown away by that. Most mayors are not that aggressive; they leave that up to their economic development folks."

Clayco has done work for a number of large institutions and corporations, including Dow Chemical, Amazon.com, Caterpillar, and locally, Kraft Foods, Anixter, the University of Illinois, the University of Chicago and Blue Cross Blue Shield.

Started 28 years ago by Clark, the privately held company has annual revenue of $820 million. Subsidiaries include architecture and design firm Forum Studios and Concrete Strategies Inc.

kbergen@tribune.com

Twitter @kathy_bergen



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U.S. ends long Google probe with only mild reprimand


WASHINGTON (Reuters) - In a major victory for Google Inc, U.S. regulators on Thursday ended their investigation into the giant Internet company and concluded that it had not manipulated its Web search results to hurt rivals.


The Federal Trade Commission did, however, win promises from Google that it would end the practice of "scraping" reviews and other data from rivals' websites for its own products, and to allow advertisers to export data to independently evaluate advertising campaigns.


Google also agreed to no longer request sales bans when suing companies which infringe on patents that are essential to ensuring interoperability, also known as standard essential patents, the FTC said on Thursday.


Microsoft Corp and other Google competitors have pressed the FTC to bring a broad antitrust case against Google similar to the sweeping Justice Department litigation against Microsoft in the 1990s.


Meanwhile smaller Internet companies such as Nextag have complained about Google tweaking its Web search results to give prominence to its own products, pushing down competitors' rankings and making them more difficult for customers to find.


At a press conference, FTC Chairman Jon Leibowitz anticipated criticism of the agency's decision to not further pursue Google on the so-called subject of search bias.


"Even though people would like us to bring a big search bias case, the facts aren't there," he said.


"The changes Google have agreed to make ensure that consumers continue to reap the benefits of competition in the online marketplace and in the market for innovative wireless devices they enjoy," said Leibowitz.


The commission voted 4 to 1 to settle the patent investigation into Google's injunction requests. It voted 5 to 0 to end the probe of Google's search practices.


The news had little impact on Google shares, which closed up 42 cents at $723.67, as most investors had expected the FTC probe to conclude without inflicting major damage.


"I never saw any real likelihood that the feds were going to insert themselves between one of the most popular brands in the world and the constituency that adores it," said Whit Andrews, an analyst for Gartner Inc.


RIVALS DISAPPOINTED


Yelp, which operates the social networking/user review website yelp.com, had complained about scraped reviews, and said it was disappointed with the result of the FTC probe.


"The closure of the commission's investigation into search bias by Google without action ... represents a missed opportunity to protect innovation in the Internet economy," wrote Yelp spokesman Vince Sollitto in an email. "We look for the regulatory bodies continuing their investigation to have greater success."


Microsoft had no immediate comment, but Dave Heiner, its deputy general counsel, complained in a blog post on Wednesday about "Google's misconduct," specifically blocking a fully featured YouTube, which Google owns, from the Windows Phone.


Gary Reback, who represents a group of Google's critics including Nextag, said he thought the investigation was inadequate since the FTC failed to respond to his clients' assertions that they had been hurt by Google and asked few questions in its civil subpoenas.


"They talked about how thorough and exhaustive the investigation was but that's really rubbish," said Reback, who is with the law firm Carr & Ferrell LLP and is best known for his work against Microsoft in the 1990s. "I've never seen anything as shallow and incomplete as this was."


Microsoft was embroiled in antitrust probes and litigation from 1990 when the FTC began an investigation until 2011, when the final consent decree finally expired.


Leibowitz defended the commission's investigation into Google, saying the agency had scoured through some 9 million pages of documents and taken sworn testimony from key Google executives. "This was an incredibly thorough and careful investigation by the commission, and the outcome is a strong and enforceable set of agreements," he said.


Google's David Drummond, the company's chief legal officer, said the FTC announcement on Thursday meant that "Google's services are good for users and good for competition."


Thomas Rosch, who is leaving the commission this month, suggested the investigation fell short.


"After promising an elephant more than a year ago, the commission instead has brought forth a couple of mice," said Rosch, a Republican.


The FTC broke with its usual practice of requiring a consent decree to settle an investigation. Instead it allowed Google to write a letter pledging to implement the agreed-upon changes in the search portion of the probe.


That prompted some sharp questions about whether Google would live up to its pact.


"I have no reason to think that Google won't honor their commitment; I think they will," said Leibowitz, noting financial penalties if Google failed to do so.


One Google competitor seemed to think the FTC agreement with Google would be a small boon to competitors.


"The concessions that the FTC extracted on review scraping, patents, and data are real, but not game changers by any means," said Oren Etzioni, co-founder of Decide.com, a product website that advises shoppers when prices may change or new versions of gadgets may come out.


Some of Google's critics, anticipating a weak conclusion to the FTC's investigation, said in December that they may be ready to take their grievances to the Justice Department.


The European Union, based in Brussels, is conducting a parallel probe of Google. It announced on December 18 that it was giving the company a month to come up with proposals to resolve its probe.


The European Commission has been examining informal settlement proposals from Google since July but has not sought feedback from the complainants, suggesting it is not convinced by what Google has put on the table so far.


Google is also being looked at by a group of state attorneys general, led by Texas.


In August, Google was forced to pay $22.5 million to settle charges it bypassed the privacy settings of customers using Apple Inc's Safari browser. The practice was in violation of a 2011 consent decree with the FTC over a botched rollout of the now defunct social network Buzz.


(Additional reporting by Edwin Chan and Alistair Barr; editing by Ros Krasny, John Wallace, Nick Zieminski and Bernard Orr)



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