Patrick Dempsey out of Tully's Coffee venture

SEATTLE — Actor Patrick Dempsey and his business partner in the venture that acquired Tully's Coffee out of bankruptcy have dissolved their partnership.

In a joint statement late Friday, the "Grey's Anatomy" star and California lawyer Michael Avenatti said their legal dispute has been fully resolved.

Court documents filed Aug. 20 in Dempsey's King County Superior Court lawsuit against Avenatti said the lawyer initially was the sole owner of Global Baristas LLC. The documents say Dempsey joined Global Baristas a short time later. The ownership group prevailed against other bidders including Starbucks in an auction of more than 40 Puget Sound-area Tully's stores.

Dubbed "McDreamy" on the TV hospital drama, Dempsey was the public face of the successful bid. He said Friday he was "happy to have been a part of the effort that brought awareness to the Tully's brand."

Avenatti spokeswoman Suzy Quinn says the lawyer, "with other investors and the Tully's management team," will continue operating the stores.

A report on the dispute was first carried in The Seattle Times.

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Lexus ES300h is total package

Although the Lexus ES300h and its brand mate the Toyota Camry Hybrid roll from the same engineers, it's remarkable how refreshingly different they are.

I had a chance to compare the two when my personal car was in the shop and the Toyota was the rental provided.

The Lexus is everything a Lexus should be — elegant, quiet, polished, well-appointed and technically advanced. The Camry is a good car in its own right but when the checklists were compared, and if you can swing the sticker price, I'd opt for the Lexus at every turn.

The cost-conscience shopper will get great value in the loaded $36,000 Camry Hybrid XLE but I'd dig deep and get the upscale Lexus sedan even with its higher base of $38,850. The level of craftsmanship and refinement in the Lexus is what separates the cars. We tested out at $46,070 with the bulk of the extra cost in the $2,625 navigation and backup camera package.

Let's start by sliding into the comfortable 10-way adjustable leather seats and grasping the bamboo and leather-trimmed steering wheel, all part of the $1,370 Luxury Package. A quick press of the start button begins the experience of driving this hybrid. If the steering wheel doesn't telescope to your preset and the infotainment screen doesn't illuminate, the car isn't running. It's so quiet in fact, I walked away from the car and wondered why the doors would not lock, only to realize that I had forgotten to shut the car off.

The soft touch leather, well-fitted plastic and bamboo trim extend through the cabin and the gentle curves create a comforting but not claustrophobic cabin. Lexus luxury extends to the passengers, too, as rear legroom and personal climate control make all very comfortable.

The ride is confident and secure and a quick turn of the console-mounted knob lets you select the best mode to drive in: ECO, Normal and Sport. Sport sets the steering response and acceleration to very aggressive and quick but decreases gas mileage. Normal is more passive yet with good engine response and ECO softens all for high mileage. I averaged more than 35 mpg while flipping through the modes, which was slightly less than the estimates but personal driving habits will influence final mileage.

Powered by a gasoline/electric motor that has been featured in Toyotas since the Prius was introduced and mated to a very smooth electronically controlled continuously variable transmission, the 200 total horsepower made acceleration response immediate and powerful.

The sweeping, ever-so-slightly aggressive lines are accented by feline-like projector bulb headlights and wraparound taillights. The spacious trunk accommodates plenty of luggage, so with excellent gas mileage, personal space and top-notch luxury, head for the highways. Lexus safety features are prominent and range from Smartstop Technology and parking assist to blind spot monitoring.

There are many fine hybrids on the market now, but if you desire an elegant car with an eye to the environment the Lexus is a great choice.

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Robot joins workforce

"Made in China" was for years the calling card of outsourced labor, but manufacturing is slowly coming back to the United States, and one Boston company wants to help drive its resurgence.

"Our long-term model for outsourcing labor is broken," Rodney Brooks, founder, chairman and CTO of Rethink Robotics, said yesterday at the company's Fort Point headquarters.

"I see lots of innovation happening, but getting to manufacturing is difficult" for small companies, Brooks said. "I think there's a revolution coming in manufacturing."

Brooks and Rethink Robotics hope their American-made Baxter robot, a two-armed, humanoid machine that even gets a confused look on its "face" when it needs something, can help do just that.

"There's a fair amount of pride people take in American manufacturing," said Rethink Robotics CEO Scott Eckert. "There's a growing understanding of the importance of manufacturing in the economy."

Brian Gilmore, executive vice president at Associated Industries of Massachusetts, said more local manufacturing has and will continue to connect two of the state's key industries, tech and manufacturing.

"Obviously any kind of manufacturing taking place here is a good thing," he said. "We have the skilled workforce that not only can design these machines but build them."

One of Baxter's strengths is its ease of use — Rethink Robotics said someone with a high school education can train it — and its versatility.

Designed to work alongside humans, Baxter excels at automating the most mundane manufacturing tasks, such as sorting, picking up and placing, and inserting, the company said. Though they are vital to factories, automating those jobs allows employees who work next to Baxter to concentrate on higher functioning — and higher paying — jobs. Rethink Robotics said Baxter is designed to work with people, instead of replacing them.

Small companies that are innovating often are forced to scale up quickly to meet increasing demand, Brooks said, and Baxter is a cost-efficient way to automate production.

There's a growing movement to boost U.S. manufacturing with giants such as Apple and Google marketing new products that are made here. Wal-Mart this week hosted a two-day summit with the specific goal of bringing more manufacturing back to the United States.

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Nasdaq outage practically business as usual

Officials are looking into what caused the Nasdaq to come to a standstill for three hours yesterday, the latest in a growing list of snafus to hit financial markets.

The stock exchange sent out an alert shortly after noon, saying it was stopping trading because of problems with its system for disseminating prices. Trading resumed at 3:25 p.m. and ended for the day shortly afterward with the index up 38 points, or 1 percent, at 3,638.71 — "an orderly market, given the circumstances," a State Street spokeswoman said.

Still, Brett Ginter, managing director of financial services at Burlington-based Collaborative Consulting, called the outage a "big red flag for the exchanges."

"Trading more and more is being done by machines. It's a necessary evil," Ginter said. "Hundreds of orders are being pushed through the exchange in microseconds ... For the Nasdaq to go down for three hours is inexcusable."

Nasdaq said that it planned to investigate.

The last two weeks of August are slow for trading, so the outage was "almost certainly" not volume-related, said Max Wolff, chief economist and strategist for ZT Wealth in New York.

"None of these things are good for rebuilding the public's appetite for or confidence in equities," he said.

Last year, BATS Global Markets tried to go public on its own exchange, but had to back out after a computer error sent the stock price plunging. Facebook's public offering last spring also was error-riddled, as technical problems kept many investors from knowing if their trades had gone through. And in April, the Chicago Board Options Exchange shut down for a morning because of a software problem.

Herald wire services contributed to this report.

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Another show of support set for Market Basket CEO

Market Basket employees are gearing up for another show of support for CEO Arthur T. Demoulas, as the grocery chain's board was set to meet again today in Boston and consider the hiring of an executive search firm.

The board has been silent since its nearly 13-hour, July 18 meeting during which Demoulas' firing was on the agenda but never addressed, while hundreds of his employees and other supporters waited outside.

Director Arthur S. Demoulas, a cousin of the CEO who has been seeking his ouster — another chapter in a long-running family feud over the Tewksbury-based chain of 72 stores — did not return Herald calls or emails for comment.

The agenda for today's meeting at the Harvard Club includes several items likely to be contentious for the divided board, which is said to have a new majority in Arthur S. Demoulas' camp. They include a report on hiring Spencer Stuart, an executive search consulting firm. It's unclear if the board plans to engage the company to find a new Market Basket CEO.

The board's public relations firm, Kekst & Co., did not respond to Herald calls, and a spokeswoman for CEO Arthur T. Demoulas declined comment.

Changes to Market Basket's employee profit-sharing plan's trustees and administration also will be on the table. Other agenda items include discussions of a payout of "excess cash" to shareholders, an ongoing dividend payout policy and instructing the CEO and CFO to obtain loan proposals for the currently debt-free company.

A review of the independence of the board's directors also is on the agenda. A 1999 court ruling mandated that the board include three independent members.

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Is Zuckerberg’s Internet mission too self-serving?

Granting Internet access to the 5 billion people worldwide who currently lack it is a moral imperative, but Mark Zuckerberg is not the right person for the job.

The Facebook CEO and founder gained gushing praise when he announced the formation of a business coalition to bring mobile Internet access to underdeveloped areas earlier this week. Zuckerberg posted a lengthy position paper late Tuesday declaring Internet access a fundamental human right as he announced the partnership, dubbed Internet.org, with Ericsson, Nokia, Samsung and the chipmaker Qualcomm. The group will focus on researching ways to make data cheaper and bring mobile technology to underserved parts of the world.

The problem is that Zuckerberg wants to be Bill Gates both during and after Microsoft. He wants to run the most powerful social networking platform on Earth and simultaneously become the world's foremost humanitarian. But he can't do both at once. Not credibly, at least. His position paper makes this all too clear. In it, Zuckerberg admits that Facebook has nearly reached its saturation point in the Western world, noting that fact was what sparked this quest. There are too few customers left. If he wants more, he has to create them.

The most eyebrow-raising part of Zuckerberg's white paper is a hypothetical he poses. He posits, without evidence, that if you asked people who have grown up in an undeveloped area whether they want a data plan, they won't know what a data plan is. But, he says, if you ask those same people whether they want Facebook access, "they're more likely to say yes."

He's not so much advocating for pure Internet access as he is saying that Facebook is to be the Internet. He undercuts his entire argument with these hints of indoctrination.

Zuckerberg's plan currently focuses on the mobile space. Think smartphones and tablets. It's no coincidence that this same area is where Facebook is most focused.

Zuckerberg is a noted philanthropist, as anyone worth $16 billion should be. He doesn't have bad intentions. But he suffers from a conflict of interest, and a bit of cluelessness. He has no idea what it took, for instance, for the One Laptop Per Child program to distribute Motorola Xoom tablets to 20 children in a remote village of Ethiopia. The day that Mark Zuckerberg travels from village to village and mudhut to mudhut interviewing parents and children with a translator, as OLPC did for weeks, is the day he'll start to be a real player in one of the most important humanitarian causes of our time.

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Danvers grocery awaits OK on alcohol

A Stop & Shop in Danvers may soon be selling beer and wine, the latest grocery store to take advantage of a change in state law that allows more supermarkets to carry alcohol.

The Route 1 grocery store's application was cleared by the town's Board of Selectmen earlier this month and must still be approved by the state's Alcoholic Beverages Control Commission.

A spokeswoman for Stop & Shop said it hopes to know for sure by September.

It would be the fourth Stop & Shop location to sell alcohol in the Bay State — joining branches in Hingham, Quincy and Malden — and the first attempt by the Quincy-based company to add more alcohol licenses since a change in state law went into effect in 2012.

Under the new law, grocery stores can increase the number of locations selling booze from three to five. In 2016, that number will grow to seven.

By 2020, grocery stores will be able to stock alcohol at up to nine locations.

A spokesman for Shaw's and Star Market couldn't say whether the supermarket has any current plans filed to add liquor licenses beyond the three locations in Cambridge, Franklin and at the Prudential in Boston, where it already sells alcohol.

A spokesman for Market Basket did not return a call seeking comment.

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Framingham’s TJX surges, lifts outlook

TJX — the corporate owner of the T.J. Maxx, Marshalls and HomeGoods chains — continues to impress investors with high earnings, showing its off-price big-brand "treasure hunt" stores remain popular amid an uneven retail climate, while the company prepares to launch web sales.

The Framingham company beat Wall Street estimates with earnings that jumped 13.9 percent to $479.5 million for the quarter ended Aug. 3, on sales that rose 8 percent to $6.4 billion.

The TJX Companies, Inc., has a markedly different operating model than most retailers, according to Stifel Nicolaus analyst Richard Jaffe. "They're selling nationally recognized brands at discounted prices," he said. "(Consumers) have to apply some energy in looking through the assortments, but they know that they will find good things at low prices, and that is very different from ... any other department store or specialty store."

TJX saw increased customer traffic and higher checkout receipts, with strong results in clothing and home goods.

"It is great to see a strong performance continue over such strong year-over-year comparisons," CEO Carol Meyrowitz said.

TJX narrowed the window for its T.J. Maxx e-commerce website launch, saying it will begin controlled test sales by late fall.

Meyrowitz isn't concerned about translating the "treasure hunt" experience to online, where customers, as in stores, may not always find items in the right color or size. "I believe it can," she said. "T.J. Maxx is a very well-known brand."

TJX shares hit a 52-week high of $54.41 yesterday, closing at $54.24, up 6.88 percent. The better-than-expected results, combined with a "solid start" to the current quarter, prompted the company to raise its outlook for the entire year.

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Cigna’s counseling rule draws fire

With the genetic testing business booming, national health insurer Cigna Corp. is telling its customers to get insurer-approved counseling before it will pay for certain tests, a move that has critics questioning the insurer's motives.

"If the counseling is used as a tool to help consumers better direct their care, it will add tremendous value to empower patients," Joshua Archambault, the Pioneer Institute's Director of Health Care Policy, told the Herald about Cigna's new rule.

Starting Sept. 16, Cigna customers who want their insurer to pay for tests that will tell if they are at risk of breast, ovarian and colorectal cancers, or the heart condition Long QT, must first meet with a Cigna-
approved counselor.

"If the counseling is solely utilized as a cost-containment measure, patients are likely to be unhappy as the future of medicine will involve individualized care based on one's genetic makeup," Archambault warned.

Cigna says it adopted the policy because these tests, which can cost up to $4,000 each, are often requested and often misunderstood.

The tests "have a lot of implications for patients and their families, and they are hard to understand. It's a new field," said David Finley, Cigna's national medical officer for enterprise affordability and policy.

Dr. Aubrey Milunsky, founder of the Center for Human Genetics in Cambridge, said it's always smart to get counseling before a genetic test.

But Milunsky recommends people who may be at risk for devastating diseases sit down with a medical doctor who specializes in genetics because the evolving field is so complex.

"People are finally beginning to realize the power of DNA, and how precise a test it is," he said.

As a result, he's troubled that Cigna wants its customers to either meet with a pre-selected counselor or speak by telephone with someone from InformedDNA, a private Florida firm.

"In our business, telephone counseling is a no-no," Milunsky said.

Herald wire services contributed to this story.

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‘University 
Pages’ aim to help with college hunt

LinkedIn, the social network for professionals, branched into academia and targeted a teen audience yesterday with University Pages, a first step in a plan to win members as young as 13 who are already thinking about college and careers.

The social network launched pages for its first 200 schools — including Boston University, Boston College, Harvard, MIT, Babson, Bentley, Brandeis, Tufts, Northeastern, Wellesley and Hult International School of Business — with an ultimate goal of 23,000 universities worldwide, said Crystal Braswell, a LinkedIn spokeswoman.

The pages let alumni connect with former classmates while current students can get regular updates about campus news and activities. But Braswell said University Pages is especially aimed at younger students deciding where to apply to college, and is designed to help them explore universities worldwide, check out notable alumni and get a head start on building a network to guide them in their choice of schools and majors.

"Students are the fastest-growing demographic on LinkedIn," she said in an email. "Today, we have more than 30 million students and recent graduates on LinkedIn. University Pages are designed to help students — both teenagers and university/college age — make smart, informed decisions about their educational and professional future."

To facilitate that, LinkedIn, beginning Sept. 12, will lower the minimum age for members from 18 to 14 in the U.S. and 13 internationally. High school students will be able to create profiles just as older members do, except instead of their alma mater and work history, they'll be able to tout courses they've taken, test scores, extracurricular activities and volunteer work, Braswell said.

Kristy N. Kime, BU's associate director of alumni online engagement, said, "LinkedIn's University pages will open a new door connecting not only alumni, but current students and prospective students who are considering attending Boston University. We are very excited about where this will go."

Lowering the sign-up age is a wise move for the social network, whose membership has been heavily male and older, said Todd Van Hoosear, owner of Fresh Ground, a Cambridge social-media consulting firm. "Linked­In's missing out on a lot of advertising dollars. It's got to appeal to a younger audience."

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Medical marijuana pot deadline near

People who want to open medical marijuana dispensaries in Massachusetts have until Thursday to hand-deliver their initial application to the state Department of Public Health.

"The Department has created a solid regulatory framework for this new industry, and now we are ready to move forward with the competitive application process," DPH Commissioner Cheryl Bartlett said in a press release.

"We are committed to a fully transparent process that respects patient needs, while ensuring safe communities."

The law, approved by voters last November, allows for up to 35 dispensaries in the state.

The dispensaries will provide marijuana for people with certified medical conditions such as cancer, Parkinson's disease and AIDS.

The state has enacted a two-step application procedure to select dispensary operators.

In the first phase, regulators will review each applicant's financial viability and conduct background checks.

Applicants must report if any member of their organization has been subject to a felony drug conviction.

Those who clear the initial screening can move on to a second phase where a selection committee will review final applications.

Prospective marijuana dispensaries must pay a $1,500 fee as part of the Phase 1 application. If they qualify for Phase 2, they will have to pay an additional $30,000. Both sets of fees are non-refundable.

Dispensaries that are selected must pay another $50,000 annual fee for a state-approved Certificate of Registration.

"The application and patient registration fees that DPH has put into place are in line with other states and will be affordable to patients," Bartlett said in a statement. "Dispensaries will be required to pay their fair share to support this program, so we do not rely on taxpayer resources."

DPH will use the fees to meet the program's operational needs, including hiring staff and training inspectors to monitor the industry.

DPH also will develop an online system for registering and auditing for participant eligibility.

The law is required to be revenue-neutral, and fees are expected to cover all estimated operating costs.

Herald wire services contributed to this story.

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A look at smartest back-to-school gadgets

From handy personal assistants to laptops with double the speed of a year ago, the hottest new digital tools can take the sting out of going back to school.

If you're a college student looking for a laptop: Remember Haswell. It's the code name for Intel's latest line of processors, the fourth generation Intel Core series. This processor not only makes the computer ultra-fast, but also extends the battery life with no tradeoff in performance.

Waiting a few weeks will give you more choices, because these machines are just starting to come out. But if you need something now, try the Acer Aspire S7 touchscreen, which comes with Office 365 University edition. The $1,259 price at the Microsoft Store is discounted for students.

Apple fans, have no fear, because the 2013 MacBook Air also includes Haswell. Ranging from just south of $1,000 for the 11-inch version to $1,249 for the 13-inch, the MacBook Air comes with a $100 App Store credit for students.

This is the first year since Apple's trailblazing tablet exploded onto the scene in 2010 that I can't recommend it as a note-taking and textbook-reading companion. Any iPad you buy now will take a quick nosedive in value, with a new generation due to be announced this fall. Also, the experience — and the price — of attaching a keyboard accessory to the iPad is simply not worth it.

If bringing a laptop to class is a hassle, invest in a Microsoft Surface with a keyboard cover. In fact, if you aren't a gamer or graphic designer, consider the Surface RT as a budget-friendly replacement for a laptop and tablet. At 1.5 pounds, buy the Surface RT with the so-called Type Cover for a total of $479.

The iPad is a fine textbook reader, but here's a secret: The Kindle Paperwhite, for a fraction of the price at $139, is the best pure e-reader on the market and will give your eyes a rest with its front-lit, glare-free screen — and with a whopping 8 weeks of battery life.

Now that you're ready for class, the only hurdle is getting there. For that, I direct iPhone users to the new iOS personal assistant app, Donna. Though geared toward busy professionals, it works as well for those pesky 8 a.m. classes. Simply input your schedule to the calendar, and good ol' Donna will tell you when to leave and how to get there — depending on whether you bike, walk or drive.

Smartphone shoppers should look no further than the Nokia Lumia 1020 from AT&T, now at $199 with a two-year contract. Take professional-quality photos of all those exciting new experiences. And please, send them to your parents. They did, after all, drop a ton of cash on your spoiled, digitally decked-out self.

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Marketers grapple with roadblocking Gmail feature

A new Gmail inbox makes it harder for retailers and other email marketers to get out their messages.

Recognizing the volume of emails can be overwhelming, the Google-owned email service has been rolling out an inbox that lets users organize their messages in up to five folders, including "Promotions."

Now, instead of Sports Authority or Groupon emails with offers and other marketing messages landing in the regular inbox, they can be redirected to the "Promotions" folder. The "Primary" inbox is reserved for personal conversations and other emails that "you really, really want," according to Google.

Since the rollout began, email open rates — the percentage of emails that are opened by recipients — have been declining across the email marketing industry, according to Ginny Soskey of Cambridge's HubSpot, an inbound marketing 
software company.

"It does certainly up the ante for marketers," Soskey said. "We have to work a little harder to be seen by our email subscribers."

Some companies, afraid their messages will get lost in the shuffle, have been alerting Gmail-using customers about how they can redirect those emails into their "Primary" inboxes.

That's an option, according to Soskey, who suggests marketers take a step back instead of "freaking out."

"We can then really focus on creating content that people love, instead of just simply spamming out emails, because that's not going to get noticed in the 'Promotions' tab," she said. "There are many channels you can use to reach potential customers: social media, blogs, doing targeted (public relations) outreach."

Email marketers can take heart in the results of a recent Forrester Research survey. The survey found that 44 percent of consumers said they deleted most advertising email in 2012 — down from 59 percent in 2010.

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Recycled oil should be fine — just not for this driver

What is your take on 50 percent recycled oil? Stores are offering more of this oil. Is it just as good as new oil? Or should I stay with 100 percent new oil?

As an oil "consumer" — meaning I buy and change my own oil — here's my take on recycled oil. I'm absolutely sure it's as good as 100 percent new oil, meets all of the Society of Automotive Engineers and American Petroleum Institute service ratings and standards, and provides equal protection and performance. But — and here's where personal "baggage" comes into play — I'll stick with new oil. The vehicles and engines I own are mine, I'm responsible for their maintenance and longevity, so I'll continue to buy and use synthetic oil — the best oil available.

For the relatively small difference in price, I'm simply more comfortable sticking with what's worked for me for decades. At least until the price of recycled oil becomes so attractive that the Scrooge in me can't resist.

L L L

In August 2011 we purchased a 2012 Ford Fusion SEL to tow behind our motor home. We specifically asked the dealer what Ford products could be flat-towed as we did not want to deal with a tow dolly. We were told a Fusion would meet our needs. Six months later, an Owners Guide Supplement dated February 2012 came out saying that "Front-wheel drive (FWD) vehicles cannot be flat-towed (all wheels on the ground) as vehicle or transmission damage may occur. The front wheels must be placed on a two-wheel tow dolly."

After finding out about this, we were told by the Ford dealer that we could continue to flat tow the vehicle and our 36-month warranty would cover any issues. We have already experienced a major tow-related problem with the transmission, which was repaired under warranty in March.

Since we invested a substantial sum to outfit the car to be flat-towed, we feel that the change in Ford's position in the Owners Guide Supplement about this vehicle has substantially impaired the intended use of the vehicle. We also believe that the market value of the vehicle has been impacted if we decide we should sell it. Lastly, we feel that the safety of the vehicle has been severely compromised since we could have a major problem if the transmission should malfunction while we are towing it. Any advice?

Space limitations forced me to leave out your comments on the "impaired use and loss of value" issues, which are valid concerns. But to the heart of the matter: Depending on the build date of your Fusion, Ford Technical Service Bulletin 12-11-5, dated November 2012, identifies which Fusion models with the 6F35 automatic transmissions can be flat-towed with all four wheels on the pavement. The short version is these vehicles can be flat-towed for no more than six hours at speeds of 65 miles per hour or less, if the transmission fluid level is set correctly, and if the engine is run every six hours to cool the transmission fluid.

The issue is transmission fluid overheating and inadequate lubrication due to the fact that the transmission oil pump is not being driven by the running engine. This is always a concern when flat-towing a vehicle with an automatic transmission and is why I've always recommended a tow dolly or trailer. Besides, the difference in wheelbase between the tow vehicle and towed vehicle can make sharp maneuvers difficult.

In my opinion you have three choices: Use a tow dolly (my choice), buy or persuade Ford to extend the warranty long enough to cover your intended ownership, or trade the vehicle. The problem with trading is that you may well face the same situation unless the vehicle is fitted with a manual transmission or you can unlock the driven wheels from the drivetrain for towing.

Paul Brand is an automotive troubleshooter, driving instructor and former race-car driver. Readers may write to him at Star Tribune, 425 Portland Ave. S., Minneapolis, Minn., 55488 or via email at paulbrand@startribune.com. Please explain the problem in detail and include a daytime phone number. Because of the volume of mail, we cannot provide personal replies.

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