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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Gay marriage, assault weapons ban votes delayed in Senate

SPRINGFIELD—

The Illinois Senate left the State Capitol later today without voting on measures to legalize gay marriage and outlaw assault weapons, leaving the fate of those controversial issues in doubt.

A committee advanced the same-sex marriage bill late this afternoon, but the sponsor acknowledged she did not have enough votes to win approval on the Senate floor.

Sen. Heather Steans, D-Chicago, dismissed a question on whether she ever had a solid 30 votes lined up to pass the legislation. "Oh, no, no, no," Steans said. "We really did have the votes. We were just missing members today."

Such are the political dynamics of a lame-duck session in Springfield: some lawmakers who are in their final days of service don't show up to work, making it difficult to pass tough legislation.

The Senate’s failure to take a final vote also came after a furious lobbying pushback by the Catholic Conference of Illinois and Cardinal Francis George.

The Senate Executive Committee advanced the measure on an 8-5 vote following a lengthy debate that featured testimony from both sides of the issue.

"It's not often that we really have a chance in this chamber to be taking a look at something providing a basic civil right and advancing fairness," said sponsoring Sen. Steans. "Same-sex couples want to marry for the same reasons we all do--for commitment, family, mutual responsibility.

Steans said gay couples have suffered from the 2nd-class status. Underscoring Steans' point was emotional testimony from Mercedes Santos and Theresa Volpe, a lesbian couple from Rogers Park who got a civil union in Illinois.

"Right now, we are in a civil union, but it is not enough," testified Theresa Volpe.

Springfield Catholic Bishop Thomas John Paprocki testified against the proposal, saying, "It would radically redefine what marriage is for everybody." He maintained the "natural family" is undermined by the legislation.

"Neither two men nor two women can possibly form a marriage," Paprocki said. "Our law would be wrong if it said that they could.

"The basic structure of marriage as the exclusive and lasting relationship of a man and a woman, committed to a life with the potential of having children, is given to us in human nature, and thus by nature's God," Paprocki said.

At the same time, an effort to ban semi-automatic assault weapons and large-capacity ammunition magazines --- backed by Chicago Mayor Rahm Emanuel --- also lacked the votes needed for passage. Opponents argued the measure was too broad and unworkable.

With no action on those two controversial issues, senators were preparing to return home. A final day of the Senate’s lame-duck session remains an option for Tuesday, the day before the next General Assembly is inaugurated. But that could depend on whether the House takes any action. House members are scheduled to be in Springfield from Sunday through Tuesday.

rlong@tribune.com

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Google emerges from FTC probe relatively unscathed

SAN FRANCISCO (AP) — Google has settled a U.S. government probe into its business practices without making any major concessions on how the company runs its Internet search engine, the world’s most influential gateway to digital information and commerce.

Thursday’s agreement with the Federal Trade Commission covers only some of the issues raised in a wide-ranging antitrust investigation that could have culminated in a regulatory crackdown that re-shapes Internet search, advertising and mobile computing.

But the FTC didn’t find any reason to impose radical changes, to the relief of Google and technology trade groups worried about overzealous regulation discouraging future innovation. The resolution disappointed consumer rights groups and Google rivals such as Microsoft Corp., which had lodged complaints with regulators in hopes of legal action that would split up or at least hobble the Internet’s most powerful company.

Google is still trying to settle a similar antitrust probe in Europe. A resolution to that case is expected to come within the next few weeks.

After a 19-month investigation, Google Inc. placated the FTC by agreeing to a consent decree that will require the company to charge “fair, reasonable and non-discriminatory” prices to license hundreds of patents deemed essential to the operations of mobile phones, tablet computers, laptops and video game players.

The requirement is meant to ensure that Google doesn’t use patents acquired in last year’s $ 12.4 billion purchase of Motorola Mobility to thwart competition from mobile devices running on software other than Google‘s Android system. The products vying against Android include Apple Inc.’s iPhone and iPad, Research in Motion Ltd.’s BlackBerry and Microsoft‘s Windows software.

Google also promised to exclude, upon request, snippets copied from other websites in capsules of key information shown in response to search requests. The company had insisted the practice is legal under the fair-use provisions of U.S. copyright law. Nonetheless, even before the settlement, Google already had scaled back on the amount of cribbing, or “scraping,” of online content after business review site Yelp Inc. lodged one of the complaints that triggered the FTC investigation in 2011.

In another concession, Google pledged to adjust the online advertising system that generates most of its revenue so marketing campaigns can be more easily managed on rival networks.

Google, though, prevailed in the pivotal part of the investigation, which delved into complaints that the Internet search leader has been highlighting its own services on its influential results page while burying links to competing sites. For instance, requests for directions may turn up Google Maps first, queries for video might point to the company’s own site, YouTube, and searches for merchandise might route users to Google Shopping.

Although the FTC said it uncovered some obvious instances of bias in Google‘s results during the investigation, the agency’s five commissioners unanimously concluded there wasn’t enough evidence to take legal action.

“Undoubtedly, Google took aggressive actions to gain advantage over rival search providers,” said Beth Wilkinson, a former federal prosecutor that the FTC hired to help steer the investigation. “However, the FTC’s mission is to protect competition, and not individual competitors.”

Two consumer rights groups lashed out at the FTC for letting Google off too easily.

“The FTC had a long list of grievances against Google to choose from when deciding if they unfairly used their dominance to crush their competitors, yet they failed to use their authority for the betterment of the marketplace,” said Steve Pociask, president of the American Consumer Institute.

John Simpson of frequent Google critic Consumer Watchdog asserted: “The FTC rolled over for Google.”

David Wales, who was the FTC’s antitrust enforcement chief in 2008 and early 2009, said the agency had to balance its desire to prevent a powerful company from trampling the competition against the difficulty of proving wrongdoing in a rapidly changing Internet search market.

“This is a product of the FTC wanting to push the envelope of antitrust enforcement without risking the danger of losing a case in in court,” said Wales, who wasn’t involved with the case and is now a partner at the law firm Jones Day.

FTC Chairman Jon Leibowitz said the outcome “is good for consumers, it is good for competition, it is good for innovation and it is the right thing to do.” Before reaching its conclusion, the FTC reviewed more than 9 million pages of documents submitted by Google and its rivals and grilled top Internet industry executives during sworn depositions.

The Computer & Communications Industry Association, a technology trade group, applauded the FTC for its handling of the high-profile case.

“This was a prudent decision by the FTC that shows that antitrust enforcement, in the hands of responsible regulators, is sufficiently adaptable to the realities of the Internet age,” said Ed Black, the group’s president.

The FTC has previously been criticized for not doing more to curb Google‘s power. Most notably, the FTC signed off on Google‘s $ 3.2 billion purchase of online advertising service DoubleClick in 2008 and its $ 681 million acquisition of mobile ad service AdMob in 2010. Google critics contend those deals gave the company too much control over the pricing of digital ads, which account for the bulk of Google‘s revenue.

If Google breaks any part of the agreement, Leibowitz said the FTC can fine the company up to $ 16,000 per violation. Last year, the FTC determined that Google broke an agreement governing Internet privacy, resulting in a $ 22.5 million fine, though the company didn’t acknowledge any wrongdoing.

Google‘s ability to protect its search recipe from government-imposed changes represents a major victory for a company that has always tried to portray itself as force for good. The Mountain View, Calif., company has portrayed its dominant search engine as a free service that is constantly tweaking its formula so that people get the information they desire more quickly and concisely.

“The conclusion is clear: Google‘s services are good for users and good for competition,” David Drummond, Google‘s top lawyer, wrote in a Thursday blog post.

Google‘s tactics also have been extremely lucrative. Although Google has branched into smartphones and many other fields since its founding in a Silicon Valley garage in 1998, Internet search and advertising remains its financial backbone. The intertwined services still generate more than 90 percent of Google‘s revenue, which now exceeds $ 50 billion annually.

Throughout the FTC investigation, Google executives also sought to debunk the notion that the company’s recommendations are the final word on the Internet. They pointed out that consumers easily could go to Microsoft‘s Bing, Yahoo or other services to search for information. “Competition is just a click away,” became as much of a Google mantra as the company’s official motto: “Don’t be evil.”

Microsoft cast the FTC’s investigation as a missed opportunity.

“The FTC’s overall resolution of this matter is weak and — frankly —unusual,” Dave Heiner, Microsoft‘s deputy general counsel, wrote on the company’s blog. “We are concerned that the FTC may not have obtained adequate relief even on the few subjects that Google has agreed to address.”

FairSearch, a group whose membership includes Microsoft, called the FTC’s settlement “disappointing and premature,” given that European regulators might be able to force Google to make more extensive changes.

“The FTC’s inaction on the core question of search bias will only embolden Google to act more aggressively to misuse its monopoly power to harm other innovators,” FairSearch asserted.

Yelp also criticized the FTC’s handling of the case, calling “it a missed opportunity to protect innovation in the Internet economy, and the consumers and businesses that rely upon it.”

Investors had already been anticipating Google would emerge from the inquiry relatively unscathed.

Google‘s stock rose 42 cents Thursday to close at $ 723.67. Microsoft, which is based in Redmond, Wash., shed 37 cents, or 1.3 percent, to finish at $ 27.25.

In a research note Thursday, Macquarie Securities analyst Benjamin Schachter described the settlement as “the best possible outcome” for Google. “We believe that the terms of the agreement will have very limited negative financial or strategic implications for the company.” Schachter wrote.

___

AP Technology Writer Barbara Ortutay in New York contributed to this story.

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R&B singer Frank Ocean cited for pot possession

BRIDGEPORT, Calif. (AP) — Grammy-nominated R&B singer Frank Ocean is facing a marijuana possession charge after police say he was pulled over on New Year’s Eve in California’s Eastern Sierra Nevada for driving more than 90 mph in a 65 mph zone.

The Mono County Sheriff’s Department says officers stopped Ocean’s black BMW at about 4:30 p.m. Dec. 31 as he was heading southbound on U.S. 395.

Sheriff’s spokeswoman Jennifer Hansen says a strong odor of marijuana wafted out as a deputy approached the vehicle.

Hansen says the deputy found a small bag of marijuana on the 25-year-old Ocean, whose legal name is Christopher Breaux (broh).

She says the Beverly Hills resident was cited for marijuana possession and released.

Calls and an email message sent to Ocean’s representatives Thursday were not immediately returned.

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Scant Proof Is Found to Back Up Claims by Energy Drinks

Energy drinks are the fastest-growing part of the beverage industry, with sales in the United States reaching more than $10 billion in 2012 — more than Americans spent on iced tea or sports beverages like Gatorade.

Their rising popularity represents a generational shift in what people drink, and reflects a successful campaign to convince consumers, particularly teenagers, that the drinks provide a mental and physical edge.

The drinks are now under scrutiny by the Food and Drug Administration after reports of deaths and serious injuries that may be linked to their high caffeine levels. But however that review ends, one thing is clear, interviews with researchers and a review of scientific studies show: the energy drink industry is based on a brew of ingredients that, apart from caffeine, have little, if any benefit for consumers.

“If you had a cup of coffee you are going to affect metabolism in the same way,” said Dr. Robert W. Pettitt, an associate professor at Minnesota State University in Mankato, who has studied the drinks.

Energy drink companies have promoted their products not as caffeine-fueled concoctions but as specially engineered blends that provide something more. For example, producers claim that “Red Bull gives you wings,” that Rockstar Energy is “scientifically formulated” and Monster Energy is a “killer energy brew.” Representative Edward J. Markey of Massachusetts, a Democrat, has asked the government to investigate the industry’s marketing claims.

Promoting a message beyond caffeine has enabled the beverage makers to charge premium prices. A 16-ounce energy drink that sells for $2.99 a can contains about the same amount of caffeine as a tablet of NoDoz that costs 30 cents. Even Starbucks coffee is cheap by comparison; a 12-ounce cup that costs $1.85 has even more caffeine.

As with earlier elixirs, a dearth of evidence underlies such claims. Only a few human studies of energy drinks or the ingredients in them have been performed and they point to a similar conclusion, researchers say — that the beverages are mainly about caffeine.

Caffeine is called the world’s most widely used drug. A stimulant, it increases alertness, awareness and, if taken at the right time, improves athletic performance, studies show. Energy drink users feel its kick faster because the beverages are typically swallowed quickly or are sold as concentrates.

“These are caffeine delivery systems,” said Dr. Roland Griffiths, a researcher at Johns Hopkins University who has studied energy drinks. “They don’t want to say this is equivalent to a NoDoz because that is not a very sexy sales message.”

A scientist at the University of Wisconsin became puzzled as he researched an ingredient used in energy drinks like Red Bull, 5-Hour Energy and Monster Energy. The researcher, Dr. Craig A. Goodman, could not find any trials in humans of the additive, a substance with the tongue-twisting name of glucuronolactone that is related to glucose, a sugar. But Dr. Goodman, who had studied other energy drink ingredients, eventually found two 40-year-old studies from Japan that had examined it.

In the experiments, scientists injected large doses of the substance into laboratory rats. Afterward, the rats swam better. “I have no idea what it does in energy drinks,” Dr. Goodman said.

Energy drink manufacturers say it is their proprietary formulas, rather than specific ingredients, that provide users with physical and mental benefits. But that has not prevented them from implying otherwise.

Consider the case of taurine, an additive used in most energy products.

On its Web site, the producer of Red Bull, for example, states that “more than 2,500 reports have been published about taurine and its physiological effects,” including acting as a “detoxifying agent.” In addition, that company, Red Bull of Austria, points to a 2009 safety study by a European regulatory group that gave it a clean bill of health.

But Red Bull’s Web site does not mention reports by that same group, the European Food Safety Authority, which concluded that claims about the benefits in energy drinks lacked scientific support. Based on those findings, the European Commission has refused to approve claims that taurine helps maintain mental function and heart health and reduces muscle fatigue.

Taurine, an amino acidlike substance that got its name because it was first found in the bile of bulls, does play a role in bodily functions, and recent research suggests it might help prevent heart attacks in women with high cholesterol. However, most people get more than adequate amounts from foods like meat, experts said. And researchers added that those with heart problems who may need supplements would find far better sources than energy drinks.

Hiroko Tabuchi contributed reporting from Tokyo and Poypiti Amatatham from Bangkok.

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Brunswick to sell Hatteras, Cabo, lays off 105

The GT63 is the latest model of motor yacht from Hatteras, a unit of Brunswick Corp. (Hatteras Yachts / January 3, 2013)

Reuters

5:49 p.m. CST, January 3, 2013

Recreational boat maker Brunswick Corp. said Thursday that it is seeking buyers for its sportfishing convertible yacht brands Hatteras and Cabo, and that it laid off about 105 workers at its New Bern facility in North Carolina.

The facility had about 545 employees as of November.

Brunswick bought Hatteras for $80 million in 2001 and Cabo for $60 million in 2006.

"The current plan assumes that the eventual purchaser will retain both the physical plant and the workforce of Hatteras/Cabo," Chief Executive Dustan McCoy said.

Hatteras builds luxury motoryachts and sportfishing convertible yachts.

The boat maker suffered a slide in earnings as consumers turned away from splashing money on luxurious items like boats after the recession, and was forced to restructure its operations.

The lay off will affect 75 full-time and about 30 temporary workers, and help Brunswick "better adjust to market conditions," spokesperson Dan Kuberan told Reuters.

The New Bern plant makes Hatteras and Cabo Yachts.

The company said it expects to record charges of between $70 million and $80 million in relation to the changes announced today, a major part of which will be recorded in the fourth quarter ended December.

Brunswick shares were marginally down at $31.37 in trading after the bell. They closed at $31.51 on the New York Stock Exchange on Thursday.

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Obama immigration shift cheered by Chicago-area advocates

Chicago-area immigration reform advocates greeted the Obama administration policy shift that will allow many here illegally to remain with their families while seeking legal status as a welcome step toward an eventual overhaul of federal immigration laws.

"We're hopeful that all of this portends a bigger improvement to the immigration system," said Lisa Koop, a managing attorney with the Chicago-based National Immigrant Justice Center.

Several thousand people in the Chicago area stand to benefit from the new rule, which makes it easier for immediate relatives of U.S. citizens to apply for permanent residency by allowing them to sign up for a "provisional unlawful presence waiver" while still in this country.

Such waivers can be granted to people who have overstayed their visas or entered the U.S. illegally if they can prove that their families would suffer extreme hardship if they weren't allowed to stay in the country.

The waivers do not guarantee permanent residency status, but without one, illegal immigrants can be banned from the U.S. for 10 years or more.

The policy shift, which takes effect March 4, does away with a requirement that applicants return to their homeland to apply for the waiver. The process can take as long as a year, forcing even those who eventually get a waiver to endure long separations from their families, Obama administration officials said Wednesday.

With no guarantees that their waiver applications would be approved, many immigrants here illegally chose to remain in the shadows rather than be forced to leave their family during the application process, said Fred Tsao, policy director for the Illinois Coalition for Immigrant and Refugee Rights.

At the National Immigrant Justice Center, attorneys are preparing for an influx of cases after the policy goes into effect, Koop said.

Many clients who appear to be eligible for a waiver delayed their application after the new rule was proposed in April, she said.

The new rule still will require applicants to return to their native countries for an interview at a U.S. Consulate after a waiver is approved, Obama administration officials said.

Because an approved waiver application often means a successful immigration application, Koop said, the new rule allows applicants to hedge the risks they take in formally declaring their illegal status.

"If you have this waiver approved and then go down and have your visa interview, unless something else arises at that visa interview, there is a pretty high likelihood that your case will go through pretty smoothly at that point," she said.

aolivo@tribune.com

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U.S. soul singer Bobby Womack says he has signs of dementia

(Reuters) – U.S. singer-songwriter Bobby Womack said he is beginning to show early symptoms of Alzheimer’s disease, including trouble remembering names and song lyrics.

“The doctor said, ‘You have signs of Alzheimer’s,’” Womack, 68, told Britain’s BBC Radio 6 music station over the weekend. “He said it’s not bad yet but it’s going to get worse.”

He added: “How can I not remember songs that I wrote? That’s frustrating.”

The 2009 Rock and Roll Hall of Fame inductee, whose hits include “Woman’s Gotta Have It” and “If You Think You’re Lonely Now,” suffered a number of health problems in the past year.

In March it was disclosed that he was diagnosed with colon cancer, which was later successfully treated, and he also underwent what was termed a “minor heart procedure.”

Other recent health issues included prostate cancer, pneumonia and collapsed lungs.

The soul veteran in October won the best album award from the British magazine Q for his 2012 release, “The Bravest Man in the Universe,” beating out much younger competition.

Womack got his start in the music business as the lead singer in the soul group The Valentinos, which he formed with his brothers, and played guitar for Sam Cooke.

He also wrote The Rolling Stones’ first chart topper in the UK, 1964′s “It’s All Over Now.”

(Reporting by Eric Kelsey, editing by Jill Serjeant and Cynthia Osterman)

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5-Hour Energy’s ‘No Crash Later’ Claim Is Disputed

The distributor of the top-selling energy “shot,” 5-Hour Energy, has long claimed on product labels, in promotions and in television advertisements that the concentrated caffeine drink produced “no crash later” — the type of letdown that consumers of energy drinks often feel when the beverages’ effects wear off.

But an advertising watchdog group said on Wednesday that it had told the company five years ago that the claim was unfounded and had urged it then to stop making it.

An executive of the group, the National Advertising Division, also said that 5-Hour Energy’s distributor, Living Essentials, had publicly misrepresented the organization’s position about the claim and that it planned to start a review that could lead to action against the company by the Federal Trade Commission.

“We recommended that the ‘no crash’ claim be discontinued because their own evidence showed there was a crash from the product,” said Andrea C. Levine, director the National Advertising Division. The organization, which is affiliated with the Council of Better Business Bureaus, reviews ad claims for accuracy.

The emerging dispute between Living Essentials and the National Advertising Division is unusual because the $10 billion energy drink industry is rife with questionable marketing. And Living Essentials, which recently cited the advertising group’s support in seeking to defend the “no crash” claim, may have opened the door to greater scrutiny.

Major producers like 5-Hour Energy, Red Bull, Monster Energy and Rockstar Energy all say their products contain proprietary blends of ingredients that provide a range of mental and physical benefits. But the companies have conducted few studies to show that the costly products provide anything more than a blast of caffeine, a stimulant found in beverages like coffee, tea or cola-flavored sodas.

The dispute over 5-Hour Energy’s claim also comes as regulatory review of the high-caffeine drinks is increasing. The Food and Drug Administration recently disclosed that it had received reports over the last four years citing the possible role of 5-Hour Energy in 13 deaths. The mention of a product in an F.D.A. report does not mean it caused a death or injury. Living Essentials says it knows of no problems related to its products.

The issue surrounding the company’s “no crash” claim dates to 2007, when National Advertising Division began reviewing all of 5-Hour Energy’s marketing claims. That same year, the company conducted a clinical trial of the energy shot that compared it to Red Bull and Monster Energy.

At the time, Living Essentials was already using the “No crash later” claim. An article on Wednesday in The New York Times reported that the study had shown that 24 percent of those who used 5-Hour Energy suffered a “moderately severe” crash hours after consuming it. The study reported higher crash rates for Red Bull and Monster Energy.

When asked how those findings squared with the company’s “no crash” claim, Elaine Lutz, a spokeswoman for Living Essentials, said the company had amended the claim after the 2007 review by the National Advertising Division. In doing so, it added an asterisklike mark after the claim on product labels and in promotions. The mark referred to additional labeling language stating that “no crash means no sugar crash.” Unlike Red Bull and Monster Energy, 5-Hour Energy does not contain sugar.

Ms. Lutz said that based on the modification, the advertising accuracy group “found all of our claims to be substantiated.”

However, Ms. Levine, the advertising group’s director, took sharp exception to that assertion, saying it mischaracterized the group’s decision. And a review of the reports suggested that Living Essentials had simply added language of its choosing to its label rather than doing what the group had recommended — drop the “no crash” claim altogether.

That review concluded that the company’s 2007 study had shown there was evidence to support a “qualified claim that 5-Hour Energy results in less of a crash than Red Bull and Monster” Energy. But it added the study, which showed that 5-Hour Energy users experienced caffeine-related crashes, was inadequate to support a “no crash” claim.

Ms. Levine said Living Essentials had apparently decided to use the parts of the group’s report that it liked and ignore others.

Companies “are not permitted to mischaracterize our decisions or misuse them for commercial purposes,” she said.

She said the group planned to notify Living Essentials that it was reopening its review of the “no crash later” claim. If the company fails to respond or provides an inadequate response, the National Advertising Division will probably refer the matter to the F.T.C., she said.

A Democratic lawmaker, Representative Edward Markey of Massachusetts, has asked that the agency review energy drink marketing claims.

Asked about the position of the National Advertising Division, Ms. Lutz, the 5-Hour Energy spokeswoman, stated in an e-mail that the “no sugar crash” language had been added to address the group’s concern.

This article has been revised to reflect the following correction:

Correction: January 2, 2013

An earlier version of this article misstated the number of deaths in which the Food and Drug Administration said 5-Hour Energy possibly played a role. The number was 13, not 15.

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Dow soars 2% after deal to avoid 'cliff'

NEW YORK (Reuters) - Stocks kicked off the new year with their best day in over a year on Wednesday, sparked by relief over a last-minute deal in Washington to avert the "fiscal cliff" of tax hikes and spending cuts that threatened to derail the economy's growth.

In 2013's first trading session, the S&P 500 achieved its biggest one-day gain since December 20, 2011, pushing the benchmark index to its highest close since September 14.

Concerns over Washington's ability to sidestep the cliff had driven the S&P 500 down for five straight sessions, before signs that a resolution was near sent the benchmark index higher on the final trading session of 2012.

The CBOE Volatility Index or the VIX , Wall Street's favorite gauge of investor anxiety, dropped 18.5 percent to 14.68 at the close. The VIX has fallen 35.4 percent over the past two sessions, the biggest 2-day percentage drop in the history of the index.

The Dow Jones industrial average jumped 308.41 points, or 2.35 percent, to 13,412.55 at the close. The Standard & Poor's 500 Index gained 36.23 points, or 2.54 percent, to finish at 1,462.42. The Nasdaq Composite Index climbed 92.75 points, or 3.07 percent, to end at 3,112.26.

U.S. markets were closed on Tuesday for New Year's Day.

Market breadth reflected the strong rally, with 10 stocks rising for every one that fell on the New York Stock Exchange. All 10 of the S&P 500 industry sector indexes gained at least 1 percent. The S&P financial index shot up 2.9 percent.

The S&P Information Technology index gained 3.2 percent, including Hewlett-Packard , which climbed 5.4 percent to $15.02. HP's gain followed a miserable 2012 when the stock fell nearly 45 percent as one of the S&P 500's worst performers for 2012.

On Tuesday, Congress passed a bill to prevent huge tax hikes and delay spending cuts that would have pushed the world's largest economy off a "fiscal cliff" and possibly into recession.

The vote avoided steep income-tax increases for a majority of Americans, but failed to resolve a major showdown over cutting the budget deficit, leaving investors and businesses with only limited clarity about the outlook for the economy. Spending cuts of $109 billion in military and domestic programs were temporarily delayed, and another fight over raising the U.S. debt limit also looms.

"We got through the fiscal cliff. The next big thing, and probably more contentious thing, is negotiating the debt ceiling and possibly entitlement reform in early 2013," said Jim Russell, senior equity strategist for U.S. Bank Wealth Management in Cincinnati.

Hard choices about budget cuts and the critical need to raise the debt ceiling will confront Congress about the same time in two months "so the fur will be flying," Russell said.

U.S. stocks ended 2012 with the S&P 500 up 13.4 percent for the year, as investors largely shrugged off worries about the fiscal cliff. For the year, the Dow gained 7.3 percent and the Nasdaq jumped 15.9 percent.

Bank shares rose following news that U.S. regulators are close to securing another multibillion-dollar settlement with the largest banks to resolve allegations that they unlawfully cut corners when foreclosing on delinquent borrowers.

Bank of America Corp rose 3.7 percent to $12.03 and Citigroup Inc gained 4.3 percent to $41.25. The KBW bank index rose 3.2 percent.

Shares of Zipcar Inc surged 47.8 percent to $12.18 after Avis Budget Group Inc said it would buy Zipcar for about $500 million in cash to compete with larger rivals Hertz and Enterprise Holdings Inc. Avis advanced 4.8 percent to $20.77.

Shares of Apple rose 3.2 percent to $549.03, helping to lift the S&P information technology index up 3.2 percent following a report that the most valuable tech company has started testing a new iPhone and a new version of its iOS software.

Economic data from the Institute for Supply Management showed U.S. manufacturing ended 2012 on an upswing despite fears about the fiscal cliff, but the Commerce Department reported that construction spending fell in November for the first time in eight months.

Volume was heavy, with about 7.8 billion shares traded on the New York Stock Exchange, the NYSE MKT and the Nasdaq, well above the 2012 daily average of 6.42 billion.

(Reporting by Chuck Mikolajczak; Editing by Jan Paschal)

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