High court declines review of Facebook settlement

WASHINGTON — The Supreme Court has left in place the settlement of a class-action lawsuit against Facebook over a marketing program that broadcast users' purchasing and shopping habits to their friends.

The justices declined Monday to review the $9.5 million settlement of a lawsuit about the now-shuttered Beacon marketing program. The money from the settlement was used to pay lawyers and set up an Internet privacy foundation. Almost none of it reached Facebook users.

The case offered a court that has been hostile to class-action lawsuits the opportunity to limit a popular way of settling such claims by directing the bulk of the money involved to lawyers and charity, rather than people affected by a company's practices.

Chief Justice John Roberts said the court should take up the issue in another case.

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Court hears arguments on BP oil spill settlement

NEW ORLEANS — A federal appeals court has heard dueling arguments on whether a judge should have approved BP's multibillion-dollar settlement for compensating victims of its 2010 oil spill in the Gulf of Mexico.

During Monday's hearing, a BP attorney said the deal it reached last year with a team of private plaintiffs' attorneys "became something else" after U.S. District Judge Carl Barbier upheld a court-appointed claims administrator's interpretation of terms governing payouts to businesses.

Plaintiffs' attorneys asked a three-judge panel of the 5th U.S. Circuit Court of Appeals to uphold Barbier's approval of the settlement. BP, however, argues Barbier's approval shouldn't be upheld unless the company ultimately prevails in its dispute over payments to businesses.

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Markets solid as focus moves from Fed to ECB

LONDON — Markets were solid Monday as investors awaited a raft of economic news over the coming days that culminate with the monthly policy meeting of the European Central Bank and the delayed publication of the October U.S. nonfarm payrolls report.

For weeks, the U.S. Federal Reserve has been the central bank most investors have been monitoring as they look for clues as to when it will start withdrawing its monetary stimulus. The $85 billion in monthly asset purchases have been one of the reasons why many stock indexes, including the main U.S. markets, have struck record highs.

Following the Fed's latest policy statement last week, some investors think "tapering" of the stimulus may begin as soon as December. That weighed on stock markets, which had been buoyed by expectations the Fed wouldn't act until March at the earliest, largely because of the uncertainty created by the partial U.S. government showdown.

Friday's payrolls data for October, delayed because of the shutdown, could further influence expectations.

Before then, on Thursday, the ECB will be in focus, with investors wondering whether surprisingly low inflation figures may prompt policymakers to cut the bank's benchmark interest rate to a record low of 0.25 percent. The prevailing view is that the ECB will keep the rate unchanged at 0.5 percent but may hint at further action if need be.

"For now, we think that the Governing Council will refrain from any immediate action, but we expect the downbeat tone of this week's meeting to lay the groundwork for a policy response over the next few months," said Adam Cole, an analyst at RBC Capital Markets.

The euro was the main mover following last week's inflation figures, which showed prices across the 17 EU countries that use the euro rising only 0.7 percent in October, well down on the ECB's mandate of just below 2 percent. Europe's single currency has recovered its poise somewhat, and was trading 0.2 percent higher Monday at $1.3516.

In stock markets, Germany's DAX closed up 0.3 percent at 9,037.23 while the CAC-40 in France rose 0.4 percent to 4,288.59. The FTSE 100 index of leading British shares ended 0.4 percent higher at 6,763.62.

In the U.S., the Dow Jones industrial average was down 0.1 percent at 15,603 while the broader S&P 500 index rose 0.1 percent to 1,764.

Earlier in Asia, Hong Kong's Hang Seng eased 0.3 percent to 23,189.62 and China's Shanghai Composite was flat at 2,149.63. Japan and India's stock markets were closed for public holidays. Seoul's Kospi lost 0.7 percent to 2,025.17.

The biggest mover in Asia was Thailand's benchmark, which tumbled 2.4 percent after protesters flooded the streets of the capital, Bangkok, to oppose an amnesty bill they say is designed to bring back Thaksin Shinawatra, who was ousted as premier in a 2006 coup.

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Nestle to speed up salt reductions in food brands

GENEVA — The world's biggest food and drink company is pledging to speed up making hundreds of products with less salt to honor new U.N. dietary guidelines.

Swiss-based Nestle says further cuts in salt would be made in all its food brands worldwide in keeping with the World Health Organization's new guideline earlier this year that adults should limit salt intake to no more than five grams per day.

The company's statement Monday said hundreds of products would be affected, including soups, noodles, recipe mixes, frozen and chilled meals and pizzas in popular brands such as Maggi, Stouffer's and DiGiorno.

Nestle says it previous efforts "to progressively and continuously reduce the salt in its foods" have already reduced the amount of salt used in its recipes by 14,043 tons compared to 2005.

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Mass. gas prices down another 4 cents per gallon

BOSTON — The cost of a gallon of gas in Massachusetts has dipped another 4 cents in the past week.

AAA Southern New England reports Monday that self-serve regular is down to an average of $3.30 per gallon, 13 cents lower than a month ago and 35 cents lower than at the same time last year.

The Massachusetts average is still a nickel higher than the national per-gallon average.

AAA found self-serve regular selling as low as $3.12 per gallon in Massachusetts and as high as $3.49.

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Men's Wearhouse denies Jos A Bank request

NEW YORK — Men's Wearhouse said Monday that it won't give rival Jos. A Bank access to nonpublic information that it could use to assess whether to potentially raise its $2.3 billion buyout offer.

Shares of both companies fell in morning trading.

On Thursday, Jos. A Bank Clothiers Inc. said it would consider boosting its bid if allowed access to nonpublic information. The Hampstead, Md., company also said it would drop its offer if "good faith discussions" are not held by Nov. 14.

Jos. A. Bank made an unsolicited offer of $48 per share for Men's Wearhouse in September. In October Men's Wearhouse rejected the bid, calling it "opportunistic" and "inadequate."

On Monday, Men's Wearhouse Inc. said its board met with external financial and legal advisers and determined with them that it wasn't in its shareholders' best interest to give Jos. A Bank access to the information.

Houston-based Men's Wearhouse maintains that Jos. A. Bank's $48 per share offer significantly undervalues its business.

"We are enthusiastic about Men's Wearhouse's prospects and are confident that our strategic plan will deliver more value to our shareholders than Jos. A. Bank's inadequate, highly conditional proposal," Men's Wearhouse President and CEO Douglas Ewert said in a statement.

Jos. A. Bank sells men's tailored and casual clothing, sportswear and footwear. While it targets a more established male professional, it's known for generous promotions like buying one suit or sport coat and getting three for free.

Men's Wearhouse sells men's sportswear and suits through its namesake chain of stores, as well as the Moores and K&G retail chains. Recently, it's been going after younger shoppers with suits with slimmer silhouettes. It's also trying to raise the average ticket price and announced in July that it's buying upscale Joseph Abboud brand for about $97.5 million in cash.

Shares of Men's Wearhouse dropped 97 cents, or 2.2 percent, to $42.37 in morning trading. Jos. A. Bank's stock declined 54 cents to $47.41.

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US factory orders rise 1.7 percent in September

WASHINGTON — Orders to U.S. factories rose in September on a big jump in commercial aircraft demand. But businesses cut back sharply on machinery and other goods that signal their confidence to expand, signs of slower economic growth.

The Commerce Department said Monday that factory orders increased 1.7 percent in September from August. That followed a 0.1 percent decline in August and a 2.8 percent plunge in July.

The September gain was driven by a 57.7 percent jump in demand for aircraft.

But so-called core capital goods, which include machinery and electronics, fell 1.3 percent in September. And demand for machinery plummeted 23.6 percent, with big declines in construction machinery, electric turbines and generators.

The decline suggests businesses may have been worried about the economy before the 16-day partial government shutdown, which began on Oct. 1.

Economists pay close attention to core capital goods. They are viewed as a better gauge of companies' plans to invest because they exclude more volatile orders for aircraft and defense equipment. The decline was the second in three months and points to weaker activity at factories in the July-September quarter.

Orders for durable goods, items expected to last at least three years, increased 3.8 percent in September, largely on the airplane gains. The big rise in demand for aircraft helped offset a 0.7 percent dip in demand for autos and auto parts. That decline is expected to be temporary given the strength in auto sales this year.

Demand for non-durable goods, such as chemicals, paper and food, edged down 0.2 percent.

Many analysts forecast weaker economic growth in the second half of the year. They are predicting growth at an annual rate of around 1.8 percent in the July-September quarter and roughly 2 percent in the October-December quarter. Both rates would be lower than the 2.5 percent growth pace in the April-June quarter.

Still, recent manufacturing reports have been mixed.

A closely watched survey of U.S. purchasing managers said manufacturing expanded in October fastest pace in 2½ years. The Institute for Supply Management's manufacturing survey increased for the fifth straight month, suggesting the 16-day partial shutdown of the government had little effect on manufacturers. Gains appeared to be driven by overseas growth, healthy U.S. auto sales and the housing recovery.

The government combined the release of the September and August reports on factory orders. The August report had been delayed by the 16-day partial government shutdown

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Louis Vuitton names Ghesquiere to replace Jacobs

PARIS — Louis Vuitton has named Nicolas Ghesquiere as its new artistic director, replacing the outgoing Marc Jacobs with the designer best known for his ties to the Balenciaga fashion house.

Louis Vuitton announced the appointment on its official Twitter account with a black-and-white photo of Ghesquiere.

Jacobs parted ways with Louis Vuitton in September, although his namesake brand still falls under LVMH umbrella. His replacement has been the subject of intense interest, both among investors for LVMH Moet Hennessy Louis Vuitton and in the fashion world.

Ghesquiere left Balenciaga in 2012 after a 15-year run in which he successfully refocused attention on the brand and drew in celebrity fans such as Beyonce and Rihanna. He is being sued by Balenciaga, which accuses him of being in breach of a confidentiality clause for speaking negatively of the fashion house in an interview.

Jacobs favored a more vintage-inspired look than Ghesquiere, who has a reputation for adding a rebellious, rock 'n' roll edge to his designs. He also won't be in charge of accessories like bags as Jacobs was. In a structural change, Darren Spaziani was appointed to a new role overseeing Louis Vuitton's high-end leather goods last week.

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Gap seen in exposure to smoke on the job in Mass.

BOSTON — People who work in blue collar jobs are more likely to be exposed to secondhand cigarette smoke at the workplace, despite a statewide ban on smoking at work, according to a study released Monday.

The findings reveal that just 3 percent of nonsmokers in professional fields, including software engineers, architects, teachers, doctors and nurses, reported being exposed to a coworker's tobacco smoke. In contrast, 37 percent of trade workers who didn't smoke, including auto body workers, locksmiths, cable TV installers, and heating and air conditioning mechanics, said a colleague lit up in their presence on the job.

Other nonsmoking, blue-collar employees reported high rates of exposure to secondhand smoke, including 23 percent of construction workers and 20 percent of transportation workers, including taxi drivers, bus drivers, and parking lot attendants.

"Workers in these occupational groups may be in environments not covered by the workplace law, or they work in places where the law does apply but it's difficult to enforce, like in vehicles," Kathleen Fitzsimmons, a disease tracker with the Massachusetts Public Health Department and lead author of the study, told The Boston Globe. (http://b.globe.com/1gmBSRM )

The researchers, scheduled to present their findings Monday at the American Public Health Association's annual conference in Boston, analyzed data from surveys of more than 6,000 Massachusetts workers between 2003 and 2010. The annual, random telephone surveys asked respondents whether they smoked and also whether they were exposed to other people's tobacco smoke while at work.

The survey also found that since the 2004 workplace smoking ban law took effect, smoking among Massachusetts workers declined from 18.5 percent in 2004 to 12.7 percent in 2010, the most recent year for which data are available.

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Information from: The Boston Globe, http://www.bostonglobe.com

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Calif. court to consider journalist's attorney bid

SAN JOSE, Calif. — The California Supreme Court is set to consider whether to grant a law license to a man who left the journalism profession after he was caught fabricating magazine articles.

The San Jose Mercury News reports that the court will take up Stephen Glass' bid for admission to the state bar on Wednesday. Glass passed the California bar exam back in 2009.

Glass' ethical lapses at The New Republic in the late 1990s were the subject of a Hollywood movie, "Shattered Glass."

In court papers, he and his attorneys say he is reformed and deserves a second chance.

State bar lawyers, however, disagree. They say Glass does not meet the character requirements needed for admission to the bar.

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