organization:u.s. district court

  • Federal judge rules Uber calling its drivers independent contractors may violate antitrust and harm competition / Boing Boing
    https://boingboing.net/2019/06/21/labor-uber.html

    A federal judge has ruled that alleged misclassification of drivers as independent contractors by the ride-hailing service app Uber could harm competition and violate the spirit of America’s antitrust laws.

    • Lawsuit says misclassifying workers creates competitive harm
    • 30 days to amend complaint with new information

    The ruling by Judge Edward Chen of the U.S. District Court for the Northern District of California is not a final decision in the case, but is a “significant warning to ride-hailing companies,” Bloomberg News reports.

    “It signals how a 2018 California Supreme Court case and future worker classification laws could open the floodgates to worker misclassification and antitrust claims.”

    Uber’s Worker Business Model May Harm Competition, Judge Says
    https://news.bloomberglaw.com/daily-labor-report/ubers-worker-business-model-may-harm-competition-judge-says

    Uber’s Worker Business Model May Harm Competition, Judge Says
    Posted June 21, 2019
    Suit: Misclassifying workers produces competitive harm
    Complaint must be amended within 30 days with new information
    Uber‘s alleged misclassification of drivers as independent contractors could significantly harm competition and violate the spirit of antitrust laws, a federal judge ruled.

    The ruling, although not a final decision in the case, is a significant warning to ride-hailing companies. It signals how a 2018 California Supreme Court case and future worker classification laws could open the floodgates to worker misclassification and antitrust claims.

    Judge Edward Chen of the U.S. District Court for the Northern District of California declined to dismiss all of the claims brought against Uber by Los Angeles-based transportation service Diva Limousine, saying the company established a causal link between Uber’s behavior and real economic harm being felt by competitors.

    Driver misclassification could save Uber as much as $500 million annually just in California, according to Diva’s lawyers.

    “Diva’s allegations support the inference that Uber could not have undercut market prices to the same degree without misclassifying its drivers to skirt significant costs,” the judge wrote in the June 20 ruling.

    Unlike employees, independent contractors aren’t entitled to benefits such as health care, unemployment insurance, minimum wages, and overtime.

    An attorney for Diva said he was pleased with the court’s decision and that it was a warning that the company couldn’t skirt California labor laws.

    “There’s an acknowledgement here that Uber not only harms its drivers but also that its conduct crosses the line from robust competition to unfair competition,” said attorney Aaron Sheanin of Robins Kaplan LLP. “And that injures its competitiors, including Diva.”

    Uber didn’t return a request for comment.

    Overall, Uber was only able to get part of Diva’s complaint fully dismissed—specifically, its claims under the state’s Unfair Practices Act. Diva’s claims under the California Unfair Competition Law can proceed once it amends its complaint to address jurisdictional issues and other legal arguments.

    Diva’s lawyers have 30 days to refile an updated complaint which is likely to move forward given the judge’s ruling that the claims have merit.

    The ruling was based in part from language drawn from the California Supreme Court’s April 2018 ruling in Dynamex Operations West Inc. v. Superior Court. That decision made it harder for California employers to classify workers as independent contractors rather than employees. It also condemns misclassification as a type of unfair competition.

    Uber identified Dynamex in regulatory filings as a long-term potential risk factor for its business success.

    The case is Diva Limousine, Ltd. v. Uber Technologies, Inc., N.D. Cal., No. 3:18-cv-05546, Order Issued 6/20/19.

    #USA #Uber #Wettbewerb #Monopol #Urteil #Justiz

  • Nation’s first opioid trial could set precedent for massive pharma payouts - POLITICO
    https://www.politico.com/story/2019/05/28/opioid-trial-pharma-payouts-1344953

    The Oklahoma trial, which will be broadcast online, is expected to last for much of the summer, putting a national spotlight on the opioid crisis, which is still killing 130 people in the United States every day. The testimony will focus on how much manufacturers of highly addictive painkillers are to blame for getting patients hooked on opioids through misleading medical claims and aggressive marketing practices.

    The trial involving Johnson & Johnson will be closely watched by the hundreds of parties participating in the larger multi-district litigation overseen by U.S. District Court Judge Dan Polster, who has been pushing for a massive settlement before the first of those cases go to trial in the fall.

    “It’s going to be one of the first times that there will be evidence presented in an open forum about how we got to where we are,” said Joe Rice, co-lead counsel in the federal litigation targeting drugmakers and distributors in Ohio. “That’s a big question that a lot of people in the health community want to know. … Why and how did we get here?”

    On Sunday, Oklahoma also announced an $85 million settlement with Teva. That left Johnson & Johnson subsidiary Janssen Pharmaceuticals as the sole remaining defendant, barring a last-minute settlement.

    Purdue and its owners, the Sackler family, settled with Oklahoma for $270 million in March, which some state lawmakers and public health experts condemned as too meager. The biggest chunk of that settlement, $200 million, will be used to establish a new addiction treatment center at the University of Oklahoma. Another $60 million will be paid to attorneys involved in the case, and just $12 million will filter down to cities and towns struggling to deal with the addiction epidemic.

    Oklahoma Attorney General Mike Hunter stressed that the settlement was the best option because of the threat that Purdue would declare bankruptcy and the state might end up with nothing. But that means Oklahoma’s attorneys will have to make the potentially trickier case that other, less notorious players in the opioid pipeline created a “public nuisance” in the state by pushing misleading medical claims.

    #Opioides #Oklahoma #Sackler

  • Federal Court Throws Out Ohio’s Congressional Map : NPR
    https://www.npr.org/2019/05/03/720047669/federal-court-throws-out-ohios-congressional-map

    A federal court has ruled that Ohio’s congressional map is an “unconstitutional partisan gerrymander” and must be redrawn by the 2020 election.

    In the ruling Friday, a three-judge panel from the U.S. District Court for the Southern District of Ohio argues that the map was intentionally drawn “to disadvantage Democratic voters and entrench Republican representatives in power.” The court argues the map violates voters’ constitutional right to choose their representatives and exceeds the state’s powers under Article I of the Constitution.

    #cartographie #gerrymanding

  • U.S. judge scraps Trump order opening Arctic, Atlantic areas to oil leasing | Reuters
    https://www.reuters.com/article/us-usa-oil-trump-leases-idUSKCN1RB0FP

    A federal judge in Alaska has overturned U.S. President Donald Trump’s attempt to open vast areas of the Arctic and Atlantic oceans to oil and gas leasing.

    The decision issued late Friday by U.S. District Court Judge Sharon Gleason leaves intact President Barack Obama’s policies putting the Arctic’s Chukchi Sea, part of the Arctic’s Beaufort Sea and a large swath of Atlantic Ocean off the U.S. East Coast off-limits to oil leasing.

    Trump’s attempt to undo Obama’s protections was “unlawful” and a violation of the federal Outer Continental Shelf Lands Act, Gleason ruled. Presidents have the power under that law to withdraw areas from the national oil and gas leasing program, as Obama did, but only Congress has the power to add areas to the leasing program, she said.

  • Meet Francis Malofiy, the Philadelphia Lawyer Who Sued Led Zeppelin
    https://www.phillymag.com/news/2019/02/11/francis-malofiy-led-zeppelin

    Francis Malofiy may be the most hated man in the Philadelphia legal community. He may also be on the cusp of getting the last laugh on rock’s golden gods.

    #droit_d_auteur #musique #plagiat

    • @sandburg Voillà

      Meet Francis Malofiy, the Philadelphia Lawyer Who Sued Led Zeppelin
      https://www.phillymag.com/news/2019/02/11/francis-malofiy-led-zeppelin

      People Laughed When This Philly Lawyer Sued Led Zeppelin. Nobody’s Laughing Now.

      Francis Malofiy may be the most hated man in the Philadelphia legal community. He may also be on the cusp of getting the last laugh on rock’s golden gods.

      By Jonathan Valania· 2/11/2019


      Philadelphia-area attorney Francis Malofiy. Photograph by Bryan Sheffield.

      The fact that Philadelphia barrister Francis Alexander Malofiy, Esquire, is suing Led Zeppelin over the authorship of “Stairway to Heaven” is, by any objective measure, only the fourth most interesting thing about him. Unfortunately for the reader, and the purposes of this story, the first, second and third most interesting things about Malofiy are bound and gagged in nondisclosure agreements, those legalistic dungeons where the First Amendment goes to die. So let’s start with number four and work our way backward.

      At the risk of stating the obvious, ladies and gentlemen of the jury, let the record show that “Stairway to Heaven” is arguably the most famous song in all of rock-and-roll, perhaps in all of popular music. It’s also one of the most lucrative — it’s estimated that the song has netted north of $500 million in sales and royalties since its 1971 release. Malofiy’s lawsuit, cheekily printed in the same druidic font used for the liner notes of the album Led Zeppelin IV, alleges that Jimmy Page and Robert Plant — Zep’s elegantly wasted guitarist/producer/central songwriter and leonine, leather-lunged lead singer, respectively — stole the iconic descending acoustic-guitar arpeggios of the first two minutes of “Stairway” from “Taurus,” a song with a strikingly similar chord pattern by a long-forgotten ’60s band called Spirit. At the conclusion of a stormy, headline-grabbing trial in 2016 that peaked with testimony from Page and Plant, the jury decided in Zep’s favor.

      When the copyright infringement suit was first filed in Philadelphia by Malofiy (pronounced “MAL-uh-fee”) on behalf of the Randy Craig Wolfe Trust — which represents the estate of Randy “California” Wolfe, the now-deceased member of Spirit who wrote “Taurus” — people laughed. Mostly at Malofiy. The breathless wall-to-wall media coverage the trial garnered often painted him as a loose-cannon legal beagle, one part Charlie Sheen, one part Johnnie Cochran. “Everybody kind of dismissed me as this brash young lawyer who didn’t really understand copyright law,” he says, well into the wee hours one night back in December, sitting behind a desk stacked four feet high with legal files in the dank, subterranean bunker that is his office.

      Hidden behind an unmarked door on the basement floor of a nondescript office building in Media, the law firm of Francis Alexander LLC is a pretty punk-rock operation. The neighbors are an anger management counselor and a medical marijuana dispensary. “I think of us as pirates sinking big ships,” Malofiy, who’s 41, brags. Given the sheer number of death threats he says he’s received from apoplectic Zep fans, the fact that mysterious cars seem to follow him in the night, and his claim to have found GPS trackers stuck to the bottom of his car, the precise location of his offices remains a closely guarded secret. Failing that, he has a license to carry, and most days, he leaves the house packing a .38-caliber Smith & Wesson.

      While most lawyers are sleeping, Malofiy is working through the night to defeat them, often until sunrise, fueled by an ever-present bottle of grape-flavored Fast Twitch as he chain-chews Wrigley’s Spearmint gum and huffs a never-ending string of Marlboro menthols. We’ve been talking on the record for going on eight hours, and Malofiy shows no signs of fading; in fact, he’s just announced the arrival of his third wind.

      He has a pretty good ‘fuck you’ attitude that comes from an inner confidence. He might have had a little too much early on,” attorney Jim Beasley Jr. says of Malofiy. “If you piss the judge off with your pirate act, the judge can make it difficult for you. Sometimes you could avoid all that by not swinging your pirate sword around.

      Talk turns to the distinctly pro-Zep tenor of the media coverage of the “Stairway” trial. “I was a punch line for jokes,” he says, spitting his gum into a yellow Post-it and banking it into the trash for, like, the 42nd time. Nobody’s laughing now, least of all Page and Plant. Nor, for that matter, is Usher. Back in October, at the conclusion of a dogged seven-year legal battle marked by a bruising string of dismissals and sanctions, Malofiy won a $44 million verdict — one of the largest in Pennsylvania in 2018 — for a Philadelphia songwriter named Daniel Marino who sued his co-writers after being cut out of the songwriting credits and royalties for the song “Bad Girl” from the R&B heartthrob’s 2004 breakout album, Confessions, which sold more than 10 million copies.

      Also, in late September of last year, the U.S. Ninth Circuit Court of Appeals ruled in favor of Malofiy’s appeal of the 2016 “Stairway to Heaven” verdict and ordered a new trial on the grounds that the court “abused its discretion” when the judge refused to allow Malofiy to play a recording of “Taurus” for the jury. (Members were only allowed to hear an acoustic-guitar rendition played from sheet music.) The retrial is expected to begin in the next year, and Page and Plant, along with bassist John Paul Jones, are again anticipated to take the stand. Copyright experts say Led Zeppelin — which has a long history of ripping off the ancient riffs and carnal incantations of wizened Delta bluesmen and only giving credit when caught — should be worried.

      Malofiy, who calls Zep “the greatest cover band in all of history,” will go to trial armed with reams of expert testimony pinpointing the damning similarities between the two songs — not just the nearly identical and atypical chord pattern, but the shared melodic figurations, choice of key and distinctive voicings. He’ll also show the jury that Page and Plant had ample opportunity to hear “Taurus” when Zep opened for Spirit on their first American tour in 1968, two years before they wrote and recorded “Stairway.”

      “Most big companies rely on the concept of wearing you down, forcing you to do so much work it literally drives you broke,” says Glen Kulik, a heavy-hitter L.A.-based copyright lawyer who signed on as Malofiy’s local counsel when the Zep case was moved to federal court in California. “If you have any chance of standing up to them, it’s going to require an incredible amount of persistence, confidence, and quite a bit of skill as well, and Francis has all those things in spades.” And Kulik would know, having successfully argued a landmark copyright infringement case before the Supreme Court in 2014 that paved the way for the Zeppelin suit.


      Francis Malofiy. Photograph by Bryan Sheffield.

      Ultimately, Malofiy doesn’t have to prove Led Zeppelin stole Spirit’s song; he just has to convince a jury that’s what happened. Assuming the trial goes forward — and that this time, he’s allowed to play recordings of both songs for the jury — there will be blood. Because contrary to his hard-won rep as a bull in the china shop of civil litigation, Malofiy possesses a switchblade-sharp legal mind, an inexhaustible work ethic, and a relentless, rock-ribbed resolve to absorb more punches than his opponents can throw. He’s a ruthlessly effective courtroom tactician with a collection of six-, seven- and eight-figure verdicts, not to mention the scalps of opposing counsel who underestimated his prowess. “I don’t plink pigeons; I hunt lions and tigers and bears,” he says. The big game he’s targeted in the past decade include deep-pocketed transnational corporations like Volvo (an epic seven-year case that ended in an undisclosed settlement) and Hertz (against whom he won a $100,000 verdict).

      In the arena of civil litigation, where the odds are increasingly stacked against plaintiffs, Malofiy claims to have never lost a jury trial, and that appears to be true. “I have lost twice — in the Zeppelin case and a lawsuit against Volvo — but got both decisions reversed on appeals,” he says, unsheathing a fresh stick of Wrigley’s. “Now, the same people that were asking me for years why I’m doing it are asking me how I did it.”

      If Malofiy prevails in the coming “Stairway” retrial, he’ll completely shatter the Tolkien-esque legend of the song’s immaculate conception — that it was birthed nearly in toto during a mystical retreat at a remote Welsh mountain cottage called Bron-yr-aur, to which many a starry-eyed Zep disciple has made a pilgrimage once upon a midnight clear when the forests echo with laughter. It will be like proving that da Vinci didn’t paint the Mona Lisa, that Michelangelo didn’t sculpt David. Barring a last-minute settlement, many legal and copyright experts predict that Malofiy may well emerge victorious, and credit for the most famous rock song in the world will pass from the self-appointed Golden Gods of Led Zeppelin to some obscure, long-forgotten (and not even very good) West Coast psych band, along with tens of millions in royalties, effectively rewriting the sacred history of rock-and-roll. And the man who will have pulled off this fairly miraculous feat of judicial jujitsu is the enfant terrible of Philadelphia jurisprudence.

      Malofiy hates wearing a suit and tie. Outside the courtroom, he dresses like a rock star masquerading as a lawyer: a crushable black trilby perched at a jaunty angle atop a blue bandana, a collarless black and orange leather Harley jacket, and a pair of beat-to-fuck brown Wesco boots, unlaced. “I’m always in jeans and boots when I meet new clients,” he says. “I warn them up front: ‘If you want a fancy lawyer in a suit, you should go elsewhere.’”

      The barrier to entry for new clients at Francis Alexander LLC is steep, because Malofiy doesn’t take on new cases so much as he adopts new causes. A case has to register on a deeply personal level if he’s going to eat, sleep, and fight to the death for it for the next five to seven years.

      “Lawyers have an ethical responsibility to advocate zealously for their clients,” says attorney Max Kennerly, who’s worked with Malofiy on a number of cases. “But frankly, in this business, a lot of lawyers play the odds and just do a ‘good enough’ job on a bunch of cases. Sometimes they win, and sometimes they lose. Francis really throws himself into his cases.”

      After 10 years of struggle, things finally seem to be breaking Malofiy’s way. Fat checks from cases settled long ago are rolling in, alleviating some fairly crippling cash-flow issues, and big cases just keep falling out of the sky — more than his two-lawyer outfit can field. They need to staff up, stat. Malofiy wants to hire some young bucks fresh out of law school — preferably Temple — as force multipliers in his quest to hold the powerful accountable on behalf of the powerless. “Most kids in law school right now will never see the inside of a courtroom,” he says. “Law schools don’t want to teach you how to change the system; they want to load you up with debt so you have to go do grunt work for some corporate law firm that specializes in maintaining the status quo.”


      Francis Malofiy. Photograph by Bryan Sheffield.

      Malofiy doesn’t have a website. He doesn’t do social media. He doesn’t trawl the watering holes of the rich and powerful. He doesn’t even have a business card. Thanks to the notoriety and name recognition that came with the Zeppelin trial, new clients chase him. He just got off the phone with a Brooklyn puppet maker who wants him to sue the band Fall Out Boy for alleged misuse of two llamas — Frosty and Royal Tea — that it created. Right now, he’s on a conference call with a trio of British songwriters who want Malofiy to sue the Weeknd for allegedly lifting a key section of their song “I Need to Love” for a track called “A Lonely Night” on his 2016 Starboy album, which has sold more than three million copies to date.

      “Why are you guys calling me?” he asks.

      “We’re looking for an honest person fighting for ordinary working people,” says Billy Smith, one of the Brit songwriters in question. Malofiy clearly likes the sound of that. After thinking it over for a few moments, he tells them he’ll take their case and gives them his standard new-client spiel. “I can’t promise we’ll win, but I can promise I won’t turn yellow when things turn bad. I won’t put my tail between my legs and run,” he says. “If there is any bad news, you will hear it from me first.”

      His teeth have been bothering him for days, and near the end of the call, one of his dental caps comes loose. He spits it out, and it skitters across his desk before he traps it under his palm. Most lawyers would be mortified. Malofiy thinks it’s hilarious. “I got teeth like you people,” he says to the Brits. Everybody laughs.

      Many people mistake Malofiy’s unconventionality as a design flaw when it’s actually a feature. “I think that’s an incredibly important part of what makes him so good as an attorney,” says A.J. Fluehr, 33, Malofiy’s right-hand man, co-counsel and, though eight years his boss’s junior, voice of reason. “Because he’s so unorthodox, I believe it causes a lot of other attorneys to underestimate him and think, ‘Oh, he’s not serious; he doesn’t know what he’s doing.’ All of sudden, there’s a massively serious case against them.”

      Even some of the defense lawyers who’ve done battle with Malofiy begrudgingly acknowledge his chops. “I’ve known Francis for four years now. He is difficult to deal with but a fierce advocate for his clients and his cause,” says Rudolph “Skip” DiMassa, a partner at Duane Morris. “Calling him ‘abrasive’ would be putting it mildly. But he wears it like a badge of honor that he is not like all the other lawyers in town.”

      When I read that and similar assessments from other lawyers back to Malofiy, he chalks them up to blowback for the heresy of Robin Hooding a corrupt status quo. “I have a target on my back because I sue big corporations, politicians, big law firms. Hell, I sued DA Seth Williams,” he says one night at the Irish Pub, as he’s nursing a screwdriver he’ll chase with a root beer. “When you start stepping on toes and suing the wrong people and get a few million shifted from those who have it to those who don’t — that’s where the change happens; that’s where you make a difference. And there is a price you have to pay for that.”

      According to family lore, Francis Malofiy’s maternal grandfather was murdered by Nazis in occupied Greece; his great-grandmother had to cut the body down from a tree and carry it home on the back of a mule. Concurrently, his paternal grandfather was murdered by Nazis in Ukraine, while his father and grandmother were frog-marched to camps in Germany. Some things can never be forgotten or forgiven. That’s why Malofiy is always kicking against the pricks. A slight child, he was often bullied at school, and after a brief experiment with turning the other cheek, he started fighting back. Hard. He recalls the day that a bully was picking on a girl half his size; young Francis cold-cocked him and threw him into a closet door. The kid had to be taken out on a stretcher. After that, the bullies moved on to easier prey. “I was always fighting for the little guy, even back then,” he says.

      In the third grade, friends turned him on to Poison’s Look What the Cat Dragged In and Bon Jovi’s Slippery When Wet, indelibly imprinting the spandexed bikers-and-strippers aesthetic of ’80s hair-metal onto his psyche. He started channeling the energy he once put into beating back bullies into beating the drums. One day in the sixth grade, he came home to tell his dad about a band all the kids were into: “The Led Zeppelins.”

      “He said, ‘No, son, it’s just Led Zeppelin.’”

      “No, I’m pretty sure it’s the Led Zeppelins.”

      So his father, who’d seen the band at the Electric Factory, drove Francis to the record store at the Granite Run Mall, where the clerks set him straight. His father bought the four-cassette Zep box set that had just come out. On the way home, Malofiy heard “Whole Lotta Love” for the first time, and before the song even ended, it was official: Led Zeppelin was his favorite band. When he was in high school, his drum teacher gently broke the news that Zep didn’t exactly, um, write all their own music — that key parts of their iconic songs had been cherry-picked from old, obscure blues recordings. “I said, ‘C’mon, don’t talk shit about Jimmy Page!’” Malofiy recalls. Then his teacher played him the Willie Dixon-penned Muddy Waters track “You Need Love” — which is what “Whole Lotta Love” was called before Zep hijacked the lyrics and the riff and Frankensteined them into the gloriously scuzzy heavy-metal Viking porno movie for the ears we’ve come to know and love. It was hard for Francis to process, and even harder when he was tipped to the uncanny similarity between Spirit’s “Taurus” and “Stairway.” Still, the spell Zep cast over him remained unbroken.


      Francis Malofiy. Photograph by Bryan Sheffield.

      As a young teenager, he built go-karts, dirt bikes and small-block Chevys. To make spending money for guitars and records, he started buying beater cars, fixing them up, and flipping them for quadruple what he paid for them. He almost didn’t graduate from high school because he’d played hooky too many times, to go fishing or work on cars or play guitar. When he finally got his high-school diploma, he raced home from school to show his mother in his Chevy S-10 lowrider. Tearing ass on the backcountry roads of Media, he blew past a cop who immediately lit up his cherry top and gave pursuit. Soon, one cop car became two, then three, until there were five cars tailing him.

      Much to his parents’ dismay, his run-ins with the law became common. They were never for anything all that serious, just the usual teen-rebel monkeyshines: fighting, speeding, the occasional high-speed car chase. He got a big wake-up call in 1998 when his beloved Uncle Nick — a.k.a. Nicholas “The Greek” Vasiliades — was handed a life sentence for running a high-volume meth lab in a warehouse in Manayunk that supplied the drug networks of the Pagans and the Mafia, as well as for his 50-gun arsenal of illegal weaponry. Malofiy was devastated. “I was going down a bad path,” he says. “My uncle pulled me aside and said, ‘You’re smart enough to do it the right way. You need to step away.’”

      Malofiy took the warning to heart and focused on getting a college education, graduating from Penn State in 2000 with a degree in finance. After college, he went back home to Media and his true loves: cars, girls and heavy metal. With a revolving cast of musicians, he formed multiple go-nowhere suburban hard-rock bands with cringe-y names like Prada G and Sluts ’n Slayers. Unimpressed, his parents urged him to enroll in law school. Eventually he relented, forging this pact: He would go to law school if he: a) could do whatever he wanted with the unfinished basement of his parents’ home (i.e., build a high-end recording-studio-cum-man-cave tricked out with a kitchen, bedroom and bathroom); and b) nobody hassled him about having long hair, rocking out and chasing girls. Deal. Malofiy took the LSATs and scored just south of 160 — hardly off the charts, but good enough to get into Temple, where he found himself drawn to copyright law.

      He graduated from law school in December of 2007 and took the bar exam the following July. On the night of August 16, 2008, he stopped into the Liberty Bar at 22nd and Market with his then-girlfriend. It was crowded, but they found a table in the back. After ordering drinks, they started getting static from a group of three young men in ball caps and white t-shirts. “Three drunken jerkoffs, white privilege out the ass,” says Malofiy. According to Malofiy’s testimony, the trio mocked his bandana and called him “cunt,” “pussy” and a “dirty spic.” (It was summer; Malofiy was tan.) According to Malofiy, at some point the men apologized and the situation seemed defused, but then one of them grabbed Malofiy’s girlfriend’s ass. “I said, ‘That’s it. Follow me out,’ and made for the door,” Malofiy says, but he was blocked by a member of the group. As they stood chest-to-chest, Malofiy says, the man struck him twice. Finally, Malofiy, who boxed in college, unloaded with a right cross that landed squarely on the guy’s left cheekbone, shattering the glass still clenched in Malofiy’s fist.

      The man suffered a deep gash in his cheek that would require 150 stitches and reconstructive surgery. Malofiy nearly severed the tendons in his thumb. Bleeding profusely, he had his girlfriend drive him to the emergency room at Penn Presby to get stitched up and then to Central Detectives to file a criminal complaint.

      Two months later, in October, notice came in the mail that he had passed the bar. His mother was ecstatic and insisted on driving him to the Pittsburgh office of the Prothonotary of the Supreme Court of Pennsylvania immediately to obtain his law license rather than wait two weeks for the formal ceremony. When they got home the next day, Malofiy got a call from Central Detectives, who said they had a “body warrant” for his arrest on aggravated assault and related charges stemming from the Liberty Bar fight. The next day, he turned himself in and spent a night in jail awaiting a bail hearing. Had he not gone to Pittsburgh at his mother’s behest, it’s unlikely he’d have gotten his law license with a felony arrest on his record.

      Malofiy’s first case as a newly minted lawyer would involve defending a client staring down decades in prison if convicted: himself. Heeding the maxim that a man who is his own lawyer has a fool for a client, Malofiy hired Sam Stretton, one of the most respected criminal defense attorneys in the city. Malofiy took the stand and delivered an impassioned defense of his actions. “He had already hit me twice, blocked my exit-way,” he testified. “I was scared for my safety and my girlfriend’s safety, and his friends had just yelled ‘Fight!’ and came up to me with fists drawn. I thought I had no other option.” The jury found him not guilty on all charges.

      “Welcome to Hogwarts,” Malofiy jokes as he shows me around the vast oak and stained-glass room that houses the law library at the Beasley Firm, possibly the most fearsome and feared personal-injury law firm in the city, where he worked, in an of-counsel capacity, from 2012 to 2014.

      Fresh out of law school and still wet behind the ears, Malofiy showed up one day in search of mentoring. Granted an audience with Jim Beasley Jr., one of the most successful plaintiff’s attorney in the city, Malofiy ended up with a promise of rent-free office space, the phone extension 666, and a commitment to help finance some of the highly ambitious cases he was mounting — a product-liability suit against Volvo, and a breach-of-contract suit, against a marble manufacturer that had screwed his client out of an ownership share, that resulted in a $4.2 million verdict — not to mention the Usher case. “Jim was like, ‘I keep getting calls from defense lawyers saying That kid’s the fucking devil, so you must be doing something right,’” Malofiy recalls.

      During Malofiy’s tenure at Beasley, he took out a controversial full-page ad in this magazine that depicted him crashing through a courtroom in a hot rod, looking every bit James Dean in Rebel Without a Cause. Many members of Philadelphia’s uptight, buttoned-down legal community thought it was disrespectful. “Everyone was outraged, but I thought it was funny,” says Beasley. “He has a pretty good ‘fuck you’ attitude that comes from an inner confidence. He might have had a little too much of that early on, but I think he’s throttled back a bit. So many of a judge’s decisions are ties and jump-balls that are not reversible, and if you piss the judge off with your pirate act, the judge can make it difficult for you. Sometimes you could avoid all that by not swinging your pirate sword around.”

      Malofiy has learned this the hard way. In 2015, a three-judge panel voted to suspend his license to practice law in U.S. District Court in the Eastern District of Pennsylvania for improper conduct in the Usher case — despite the fact that the special prosecutor recommended what amounted to a slap on the wrist: a reprimand.

      “It’s highly unusual that they would disregard the disciplinary recommendations of the special prosecutor after he has heard the facts,” says Stretton. The matter is currently on appeal before the Third Circuit.

      At Malofiy’s insistence, I’ve been tailing him for the better part of a month: from a big-dollar NDA’d settlement in a judge’s quarters, to a Port Richmond dive bar called Chuckles, to a Bucks County gun shop where he plunked down $1,729 for a handsome Benelli shotgun (a gift for his right-hand man Fluehr), to a back-alley strip bar in Center City and the disused factory under the Commodore Barry Bridge that he’s purchased and plans to renovate into office space, living quarters and a beer garden. I watched him hide his $82,000 Land Rover from the repo man (“It’s all a misunderstanding”) and then, days later, saw a pile of white letter-size envelopes stacked on his desk, each containing what looked to be thousands in cash. What I have come to learn is this: When you write about lawyers, there is so much you can’t write about lawyers.

      Malofiy slowly, methodically and unflinchingly parceled out the most personal details of his backstory — the good, the bad and the ugly — as I incrementally earned his trust. But always on his timetable, not mine. It could be exasperating, but by the end, I discovered the method to his madness: He’d been pacing his revelations as he would a trial presentation. And now we’re reaching the crescendo of his closing argument — the big reveal.


      Francis Malofiy. Photograph by Bryan Sheffield.

      It’s a few clicks shy of midnight at Malofiy’s house in Media on a Sunday night shortly before Christmas. In the morning, he’s jetting off to an auction in London to bid on the Helios recording console that captured “Stairway to Heaven” for the ages. (Malofiy, true to form, won’t confirm that he won or lost the auction.) Though he’s been locked in a nasty four-year legal fight with Led Zeppelin, they’re still his favorite band.

      Malofiy called to insist that I come to his house tonight. “Why? What for?” I demanded. He said he wanted to show me something I could only see there. I begged off, explaining that this article was due in the morning and I already had more than I could use. But he insisted, promising it would be worth my while. He doesn’t disappoint. He tells me to open the freezer. There’s a bottle of Tito’s vodka, an ice tray, and half a lemon on a plate with a yellow plastic knife. “That’s the lemon Robert Plant squeezed into his tea when we deposed him in London back in 2016,” he claims. This is deeply ironic and, if you’re acquainted with the role lemons play in Plant’s legend, cosmically hilarious. One of Led Zeppelin’s most infamous tracks is “The Lemon Song,” a sultry blooze ramble from 1969’s deathless Led Zeppelin II stitched together from pieces of Howlin’ Wolf’s “Killing Floor” and Robert Johnson’s “Travelling Riverside Blues.” (Zep settled a 1972 copyright suit over the Howlin’ Wolf portion of the song.) In the fifth verse, Plant sings:

      Squeeze me baby, till the juice runs down my leg
      The way you squeeze my lemon, ah
      I’m gonna fall right out of bed

      By swiping that lemon rind at the deposition, Malofiy stole Robert Plant’s metaphoric penis the way Prometheus stole fire from the gods. Zep famously invoked the mythic “Hammer of the Gods” from Norse legend. For Jimmy Page, that hammer was his guitar, but for Plant it was his, um, mighty lemon tree.

      Incredible though it may seem, Malofiy says he’s kept the lemon on ice for the past three years and had it in his briefcase like a talisman when he gave oral arguments for what proved to be his successful appeal of the 2016 “Stairway” verdict. He has every intention of taking it to the retrial that will, barring unforeseen developments, commence in the next year.

      “Robert Plant is always going on about his lemon, and at the deposition he made a big deal out of slicing it up and squeezing it into his tea and then sucking on the rind,” he says with a cat-who-ate-the-canary grin. “Jimmy Page famously dabbled in black magic and was always going on about Aleister Crowley, and I said to myself, ‘If they are going to use black magic to try to beat me on technicalities — well, two can play at that game.’”

      Published as “The Devil’s Advocate” in the February 2019 issue of Philadelphia magazine.

  • OxyContin Maker Explored Expansion Into “Attractive”… — ProPublica
    https://www.propublica.org/article/oxycontin-purdue-pharma-massachusetts-lawsuit-anti-addiction-market

    Secret portions of a lawsuit allege that Purdue Pharma, controlled by the Sackler family, considered capitalizing on the addiction treatment boom — while going to extreme lengths to boost sales of its controversial opioid.

    In internal correspondence beginning in 2014, Purdue Pharma executives discussed how the sale of opioids and the treatment of opioid addiction are “naturally linked” and that the company should expand across “the pain and addiction spectrum,” according to redacted sections of the lawsuit by the Massachusetts attorney general. A member of the billionaire Sackler family, which founded and controls the privately held company, joined in those discussions and urged staff in an email to give “immediate attention” to this business opportunity, the complaint alleges.

    The sections of the complaint already made public contend that the Sacklers pushed for higher doses of OxyContin, guided efforts to mislead doctors and the public about the drug’s addictive capacity, and blamed misuse on patients.

    Citing extensive emails and internal company documents, the redacted sections allege that Purdue and the Sackler family went to extreme lengths to boost OxyContin sales and burnish the drug’s reputation in the face of increased regulation and growing public awareness of its addictive nature. Concerns about doctors improperly prescribing the drug, and patients becoming addicted, were swept aside in an aggressive effort to drive OxyContin sales ever higher, the complaint alleges.

    Among the allegations: Purdue paid two executives convicted of fraudulently marketing OxyContin millions of dollars to assure their loyalty, concealed information about doctors suspected of inappropriately prescribing the opioid, and was advised by global consulting firm McKinsey & Co. on strategies to boost the drug’s sales and burnish its image, including how to “counter the emotional messages” of mothers whose children overdosed. Since 2007, the Sackler family has received more than $4 billion in payouts from Purdue, according to a redacted paragraph in the complaint.

    The redacted paragraphs leave little doubt about the dominant role of the Sackler family in Purdue’s management. The five Purdue directors who are not Sacklers always voted with the family, according to the complaint. The family-controlled board approves everything from the number of sales staff to be hired to details of their bonus incentives, which have been tied to sales volume, the complaint says. In May 2017, when longtime employee Craig Landau was seeking to become Purdue’s chief executive, he wrote that the board acted as “de-facto CEO.” He was named CEO a few weeks later.

    After its 1996 launch, OxyContin rapidly became a top seller. But reports of patients abusing the drug soon followed. OxyContin contained more pain relief medication than older drugs, and crushing and snorting it was a simple way to get high fast. In 2007, Purdue pleaded guilty to federal charges of understating the risk of addiction and agreed to pay $600 million in fines and penalties. Still, the company argued publicly that OxyContin has “done far more good than harm,” and it sought to place responsibility for the bad acts on “certain of its supervisors and employees.”

    Privately, the complaint suggests, the Sacklers were concerned about alienating two executives, then-CEO Michael Friedman and then-legal counsel Howard Udell. Friedman and Udell each pleaded guilty in 2007 in U.S. District Court in Abingdon, Virginia, to a misdemeanor charge of misbranding OxyContin, as did a former executive. The board signed off on the three executives’ decisions to plead guilty. No member of the Sackler family pleaded guilty.

    Purdue paid $5 million to Udell in November 2008, and up to $1 million in November 2009, the complaint states. In February 2008, the company paid $3 million to Friedman. The complaint doesn’t mention any payments to the former executive.

    “The Sacklers spent millions to keep the loyalty of people who knew the truth,” the complaint alleges.

    Udell died in 2013. A person answering a phone number listed to Friedman declined comment.

    When sales results disappointed, Sackler family members didn’t hesitate to intervene. In late 2010, Purdue told the family that sales of the highest dose and most profitable opioids were lower than expected, according to the complaint. That meant an expected quarter-end payout to the family of $320 million was at risk of being reduced to $260 million and would have to be made in two installments in December instead of one in November.

    That news prompted a sharp email question from Mortimer D.A. Sackler, whose late father, also named Mortimer, was a Purdue co-founder. “Why are you BOTH reducing the amount of the distribution and delaying it and splitting it in two?” he asked. “Just a few weeks ago you agreed to distribute the full 320 [million dollars] in November.” The complaint doesn’t say how much was ultimately paid.

    In September 2014, Purdue embarked on a secret project to join an industry that was booming thanks in part to OxyContin abuse: addiction treatment medication. Code-named Project Tango, it involved Purdue executives and staff as well as Dr. Kathe Sackler, a daughter of the company co-founder Mortimer Sackler and a defendant in the Massachusetts lawsuit. She participated in phone calls and told staff that the project required their “immediate attention,” according to the complaint.

    Internally, Purdue touted the growth of an industry that its aggressive marketing had done so much to foster.

    “It is an attractive market,” the team working on the project wrote in a presentation. “Large unmet need for vulnerable, underserved and stigmatized patient population suffering from substance abuse, dependence and addiction.”

    While OxyContin sales were declining, the internal team at Purdue touted the fact that the addiction treatment marketplace was expanding.

    “Opioid addiction (other than heroin) has grown by ~20%” annually from 2000 to 2010, the company noted. Although Richard Sackler had blamed OxyContin abuse in an email on “reckless criminals,” the Purdue staff exploring the new business opportunity described in far more sympathetic terms the patients whom it now planned to treat.

    “This can happen to any-one – from a 50 year old woman with chronic lower back pain to a 18 year old boy with a sports injury, from the very wealthy to the very poor,” it said.

    Company documents recommended becoming an “end-to-end pain provider.” Initially, Purdue intended to sell one such medication, Suboxone, which is commonly retailed as a film that melts in the mouth. When Kathe Sackler asked staff members to look into reports that children might be swallowing the film, they reassured her. They responded, according to the complaint, that youngsters were overdosing on pills, but not the films, “which is a positive for Tango.”

    In 2015, Purdue turned its attention to another potential product, the overdose reversing agent known as Narcan, calling it a “strategic fit.” Purdue executives discussed how its sales force could promote Narcan to the same doctors who prescribed the most opioids. Purdue said in the statement Wednesday that it decided against acquiring the rights to sell Suboxone and Narcan.

    While those initiatives appear to have stalled or ended, Richard Sackler received a patent last year for a drug to treat addiction, according to the complaint. The patent application states that opioids are addictive and refers to people who suffer from substance use disorders as “junkies.”

    #Opioides #Sackler

  • #shutdown, ça devient sérieux ! la justice fédérale, à la demande de groupes de protection de l’environnement et de villes côtières – qui s’opposent massivement à la récente autorisation de reprise de l’exploration offshore –, bloque la délivrance de nouveaux permis d’exploration sismique en mer…

    Le plus comique, le gouvernement a demandé un surseoir à statuer en arguant… de l’impossibilité de préparer sa défense du fait du shutdown !

    U.S. judge blocks Atlantic seismic oil permitting during shutdown | Reuters
    https://www.reuters.com/article/us-usa-shutdown-oil-exploration-idUSKCN1PC2N8

    A federal court judge on Friday ruled that the federal government cannot process seismic testing permits for offshore oil drilling during the ongoing government shutdown, dealing a blow Trump administration’s energy agenda.

    Judge Richard Gergel of the U.S. District Court in South Carolina issued the decision in response to a motion filed by a range of conservation and business groups and coastal cities opposed to the administration’s efforts to expand U.S. offshore drilling.

    The Justice Department had sought a delay in the court proceedings arguing that it did not have the resources it needed to work on the case during the shutdown.

    Gergel said in his decision that he would grant the stay, but said federal authorities cannot work on seismic permitting until the government re-opens and is funded.

  • Employer Sues Glassdoor Over Identity of Anonymous Former Employee | Clear View Post
    https://clearviewpost.com/employer-sues-glassdoor-over-identity-of-anonymous-former-employee

    Think anonymous reviews in crowd-sourced forums like Yelp and Glassdoor are protected by the First Amendment?

    A former employee who posted a critical review of New York oil barge operator Bouchard Transportation is about to find out.

    So far, Bouchard is winning.

    A California judge in June sided with Bouchard and ordered the job search site Glassdoor to reveal the name of the anonymous former employee who wrote in a 2015 review that the company had “no safety culture.

    Bouchard and its president, Morton Bouchard III, say they need the person’s name to pursue a defamation lawsuit. The company’s complaint states that Bouchard has “diligently worked to ensure that BTC (Bouchard Transportation Company) has a reputation for operating safely.

    But in new arguments filed in November, the former employee, known in court records as John Doe 1, claims that his comments were constitutionally protected opinion.

    Doe also claims that events over the past three years support his criticism.

    Among the events was the explosion of Bouchard’s Barge 255 off the coast of Texas in 2017, killing the vessel’s two deckhands. Testimony about Bouchard’s safety culture figured in a two-week public hearing in 2018 into the cause of the accident held by the U.S. Coast Guard.

    Further reading: Bouchard Transportation Lawsuit: Safety Record Not Relevant in Deadly Explosion Investigation
    Bouchard was so concerned about the impact of the testimony on its reputation that the company filed a lawsuit in U.S. District Court in Houston midway through the Coast Guard inquiry seeking unsuccessfully to shut down the hearings.

    Doe’s lawyer, First Amendment lawyer Henry Kaufman of New York City, in a petition filed in November to stop Doe’s unmasking, asked the judge to consider what he called “Bouchard’s bad faith claims about their allegedly fine reputation for safety and environmental concern.

    A hearing is scheduled for Feb. 5, 2019, in the Superior Court of California in Marin County.

    With the number and popularity of online anonymous review forums growing, courts across the country increasingly are being asked to balance the public’s right to free speech under the First Amendment with the right of business to challenge statements that it claims are defamatory.

    Case law on the protection of anonymous reviewers’ identities is an evolving work in progress.

    The U.S. Supreme Court repeatedly has held that anonymous speech is protected speech.

    Under our Constitution, anonymous pamphleteering is not a pernicious, fraudulent practice, but an honorable tradition of advocacy and of dissent. Anonymity is a shield from the tyranny of the majority,” the court wrote in the 1995 case of McIntyre v. Ohio Elections Commission.

    In the modern era of online publication, internet companies rather than pamphleteers increasingly are having to fight to protect the identities of their writers.

    Glassdoor offers tips on its website on writing a review to avoid defamation.

    You are entitled to post your anonymous opinions about your company or C-suite executives on Glassdoor and your speech should be protected under the First Amendment. However, you should be aware that statements of provable facts are subject to legal claims of defamation if your company and/or executives allege your statements are false,” Glassdoor’s website states.

    A key issue is whether the reviewer posts opinions or statements of fact which can be proven true or false.

    #opinion_anonyme
    #anonymat

  • The Arthur Sackler Family’s Ties to OxyContin Money - The Atlantic
    https://www.theatlantic.com/health/archive/2018/04/sacklers-oxycontin-opioids/557525

    Much as the role of the addictive multibillion-dollar painkiller OxyContin in the opioid crisis has stirred controversy and rancor nationwide, so it has divided members of the wealthy and philanthropic Sackler family, some of whom own the company that makes the drug.

    In recent months, as protesters have begun pressuring the Metropolitan Museum of Art in New York and other cultural institutions to spurn donations from the Sacklers, one branch of the family has moved aggressively to distance itself from OxyContin and its manufacturer, Purdue Pharma. The widow and one daughter of Arthur Sackler, who owned a related Purdue company with his two brothers, maintain that none of his heirs have profited from sales of the drug. The daughter, Elizabeth Sackler, told The New York Times in January that Purdue Pharma’s involvement in the opioid epidemic was “morally abhorrent to me.”

    But an obscure court document sheds a different light on family history—and on the campaign by Arthur’s relatives to preserve their image and legacy. It shows that the Purdue family of companies made a nearly $20 million payment to the estate of Arthur Sackler in 1997—two year after OxyContin was approved, and just as the pill was becoming a big seller. As a result, though they do not profit from present-day sales, Arthur’s heirs appear to have benefited at least indirectly from OxyContin.

    The 1997 payment to the estate of Arthur Sackler is disclosed in the combined, audited financial statements of Purdue and its associated companies and subsidiaries. Those documents were filed among hundreds of pages of exhibits in the U.S. District Court in Abingdon, Virginia, as part of a 2007 settlement in which a company associated with Purdue and three company executives pleaded guilty to charges that OxyContin was illegally marketed. The company paid $600 million in penalties while admitting it falsely promoted OxyContin as less addictive and less likely to be abused than other pain medications.

    Arthur’s heirs include his widow and grandchildren. His children, including Elizabeth, do not inherit because they are not beneficiaries of a trust that was set up as part of a settlement of his estate, according to court records. Jillian receives an income from the trust. Elizabeth’s two children are heirs and would receive bequests upon Jillian’s death. A spokesman for Elizabeth Sackler declined to comment on the Purdue payment.

    Long before OxyContin was introduced, the Sackler brothers already were notable philanthropists. Arthur was one of the world’s biggest art collectors and a generous benefactor to cultural and educational institutions across the world. There is the Arthur M. Sackler Gallery at the Smithsonian Institution, the Arthur M. Sackler Museum at Harvard, and the Jillian and Arthur M. Sackler Wing of Galleries at the Royal Academy of Arts in London.

    His brothers were similarly generous. They joined with their older brother to fund the Sackler Wing at the Met, which features the Temple of Dendur exhibit. The Mortimer and Theresa Sackler Foundation was the principal donor of the Serpentine Sackler Gallery in London; the Sackler name is affiliated with prestigious colleges from Yale to the University of Oxford, as well as world-famous cultural organizations, including the Victoria and Albert Museum in London. There is even a Sackler Rose—so christened after Mortimer Sackler’s wife purchased the naming rights in her husband’s honor.

    Now the goodwill gained from this philanthropy may be waning as the Sackler family has found itself in an uncomfortable spotlight over the past six months. Two national magazines recently examined the intersection of the family’s wealth from OxyContin and its philanthropy, as have other media outlets across the world. The family has also been targeted in a campaign by the photographer Nan Goldin to “hold the Sacklers accountable” for OxyContin’s role in the opioid crisis. Goldin, who says she became addicted to OxyContin after it was prescribed for surgical pain, led a protest last month at the Metropolitan Museum of Art, in which demonstrators tossed pill bottles labeled as OxyContin into the reflecting pool of its Sackler Wing.

    While it doesn’t appear that any recipients of Sackler charitable contributions have returned gifts or pledged to reject future ones, pressure and scrutiny on many of those institutions is intensifying. In London, the National Portrait Gallery said it is reviewing a current pledge from the Sackler Trust.

    #Opioides #Sackler

  • The Arthur Sackler Family’s Ties to OxyContin Money - The Atlantic
    https://www.theatlantic.com/health/archive/2018/04/sacklers-oxycontin-opioids/557525

    In recent months, as protesters have begun pressuring the Metropolitan Museum of Art in New York and other cultural institutions to spurn donations from the Sacklers, one branch of the family has moved aggressively to distance itself from OxyContin and its manufacturer, Purdue Pharma. The widow and one daughter of Arthur Sackler, who owned a related Purdue company with his two brothers, maintain that none of his heirs have profited from sales of the drug. The daughter, Elizabeth Sackler, told The New York Times in January that Purdue Pharma’s involvement in the opioid epidemic was “morally abhorrent to me.”

    Arthur died eight years before OxyContin hit the marketplace. His widow, Jillian Sackler, and Elizabeth, who is Jillian’s stepdaughter, are represented by separate public-relations firms and have successfully won clarifications and corrections from media outlets for suggesting that sales of the potent opioid enriched Arthur Sackler or his family.

    But an obscure court document sheds a different light on family history—and on the campaign by Arthur’s relatives to preserve their image and legacy. It shows that the Purdue family of companies made a nearly $20 million payment to the estate of Arthur Sackler in 1997—two year after OxyContin was approved, and just as the pill was becoming a big seller. As a result, though they do not profit from present-day sales, Arthur’s heirs appear to have benefited at least indirectly from OxyContin.

    The 1997 payment to the estate of Arthur Sackler is disclosed in the combined, audited financial statements of Purdue and its associated companies and subsidiaries. Those documents were filed among hundreds of pages of exhibits in the U.S. District Court in Abingdon, Virginia, as part of a 2007 settlement in which a company associated with Purdue and three company executives pleaded guilty to charges that OxyContin was illegally marketed. The company paid $600 million in penalties while admitting it falsely promoted OxyContin as less addictive and less likely to be abused than other pain medications.

    Long before OxyContin was introduced, the Sackler brothers already were notable philanthropists. Arthur was one of the world’s biggest art collectors and a generous benefactor to cultural and educational institutions across the world. There is the Arthur M. Sackler Gallery at the Smithsonian Institution, the Arthur M. Sackler Museum at Harvard, and the Jillian and Arthur M. Sackler Wing of Galleries at the Royal Academy of Arts in London.

    His brothers were similarly generous. They joined with their older brother to fund the Sackler Wing at the Met, which features the Temple of Dendur exhibit. The Mortimer and Theresa Sackler Foundation was the principal donor of the Serpentine Sackler Gallery in London; the Sackler name is affiliated with prestigious colleges from Yale to the University of Oxford, as well as world-famous cultural organizations, including the Victoria and Albert Museum in London. There is even a Sackler Rose—so christened after Mortimer Sackler’s wife purchased the naming rights in her husband’s honor.

    Now the goodwill gained from this philanthropy may be waning as the Sackler family has found itself in an uncomfortable spotlight over the past six months. Two national magazines recently examined the intersection of the family’s wealth from OxyContin and its philanthropy, as have other media outlets across the world. The family has also been targeted in a campaign by the photographer Nan Goldin to “hold the Sacklers accountable” for OxyContin’s role in the opioid crisis. Goldin, who says she became addicted to OxyContin after it was prescribed for surgical pain, led a protest last month at the Metropolitan Museum of Art, in which demonstrators tossed pill bottles labeled as OxyContin into the reflecting pool of its Sackler Wing.

    While it doesn’t appear that any recipients of Sackler charitable contributions have returned gifts or pledged to reject future ones, pressure and scrutiny on many of those institutions is intensifying. In London, the National Portrait Gallery said it is reviewing a current pledge from the Sackler Trust.

    #Opioids #Sackler

  • We’re suing the government over border wall spending records | Reveal

    https://www.revealnews.org/blog/were-suing-the-government-over-border-wall-spending-records

    Nearly 10 months after we asked the federal government for records detailing how much it has spent to build a border wall, Reveal from The #Center_for_Investigative_Reporting (CIR) is suing for that information.

    Last March, reporter Andrew Becker asked U.S. Customs and Border Protection for records showing the costs of buying land and building fence along the country’s 2,000-mile southern border. After the government dragged its feet for months on our request, we filed suit in U.S. District Court this week seeking the records.

    We sued because the federal Freedom of Information Act (FOIA) requires the government to release records in a timely manner. There are a few narrow exceptions to releasing records and this case isn’t one of them.

    President Donald Trump made building a wall along the border with Mexico a signature campaign promise, repeatedly vowing to make Mexico pay for it.

    #mexique #états-unis #mur #frontière #trump #they_will_pay_for_it

  • VW engineer sentenced to 40-month prison term in diesel case
    http://www.reuters.com/article/us-volkswagen-emissions-sentencing/vw-engineer-sentenced-to-40-month-prison-term-in-diesel-case-idUSKCN1B51YP
    https://s3.reutersmedia.net/resources/r/?m=02&d=20170825&t=2&i=1198561402&w=&fh=545px&fw=&ll=&pl=&sq=&r=LYN

    No one is innocent

    WASHINGTON/DETROIT (Reuters) - A federal judge in Detroit sentenced former engineer James Liang to 40 months in prison on Friday for his role in Volkswagen AG’s (VOWG_p.DE) multiyear scheme to sell diesel cars that generated more pollution than U.S. clean air rules allowed.

    U.S. District Court Judge Sean Cox also ordered Liang to pay a $200,000 fine, 10 times the amount sought by federal prosecutors. Cox said he hoped the prison sentence and fine would deter other auto industry engineers and executives from similar schemes to deceive regulators and consumers.

    Liang was part of a long-term conspiracy that perpetrated a “stunning fraud on the American consumer,” Cox said, as the defendant’s family looked on in the courtroom. “This is a very serious and troubling crime against our economic system.”

    Liang’s lawyer, Daniel Nixon, on Friday urged Cox to consider a sentence of house arrest, saying Liang was not a “mastermind” of the emissions fraud. Liang “blindly executed a misguided loyalty to his employer,” Nixon said.

    Federal prosecutor Mark Chutkow countered that Liang was a “pivotal figure” in designing the systems used to make Volkswagen diesels appear to comply with U.S. pollution standards, when instead they could emit up to 40 times the allowed levels of smog-forming compounds in normal driving.

    A prison term ”would send a powerful deterrent message to the rest of the industry,” Chutkow said.

    #Volkswagen #Dieselgate #Responsabilité

  • The U.S. Government Is Trying to Unmask an Anonymous Anti-Trump Twitter Account
    https://theintercept.com/2017/04/06/the-u-s-government-is-trying-to-unmask-an-anonymous-anti-trump-twitter

    Soon after Donald Trump’s inauguration, persons critical of the president and his administration began creating anonymous Twitter accounts claiming to be dissident members of the federal government, such as the famous “Alt BLM” and “Rogue POTUS Staff” users. Today, Twitter is filing suit against the U.S. government, exposing an attempt to expose and attack one such account.

    #Twitter #web #surveillance

    • Homeland Security further asked that Twitter keep the very existence of the summons secret, and added that “failure to comply with this summons will render you liable to proceedings in a U.S. District Court to enforce compliance with this summons as well as other sanctions.” When Twitter replied stating that such a demand would require a court order, Special Agent Adam Hoffman of the U.S. Customs and Border Protection said, in the companies words, that “no such court order would be obtained.”

      [...]

      Twitter is now asking the court to declare that “the CBP Summons is unlawful and unenforceable because it violates the First Amendment rights of both Twitter and its users by seeking to unmask the identity of one or more anonymous Twitter users voicing criticism of the government on matters of public concern.”

  • Facebook sued for housing and employment bias
    http://www.usatoday.com/story/tech/news/2016/11/07/facebook-sued-housing-and-employement-bias/93424824

    Facebook has been sued for discrimination in housing and employment based on the ability of advertisers to target ads at specific “ethnic affinities.” The suit, filed in U.S. District Court for the Northern District of California last week, accuses the Menlo Park, Calif.-based company with violating federal anti-discrimination laws for housing and employment. The practice came to light late last month when the non-profit news organization Pro Publica published an analysis showing the social (...)

    #Facebook #profiling #publicité #discrimination

    ##publicité

  • Judge Orders Syria and Iran to Pay $332M in State-Sponsored Terrorism Case
    http://legaltimes.typepad.com/blt/2012/05/judge-orders-syria-and-iran-to-pay-332m-in-state-sponsored-terro

    In what one attorney calls the first judgment of its kind, U.S. District Chief Judge Royce Lamberth recently ordered Iran and Syria to pay $332 million for their role in a 2006 suicide attack in Israel that killed eleven people.

    The family of Daniel Wultz, an American sixteen-year-old killed in the attack, sued the Iranian and Syrian government in 2008 in U.S. District Court for the District of Columbia. The Wultz family accused both countries of providing financial and other material support to the group responsible for the attack, the Palestinian Islamic Jihad.

    In an opinion (PDF)opinion published Monday, Lamberth found that both countries were liable for the attack under the state-sponsored terrorism exception to the Foreign Sovereign Immunities Act. Robert Tolchin of the Berman Law Office in Brooklyn, NY, the Wultz family’s lawyer, said he believed this was the first judgment ever entered in a U.S. court against Syria for supporting a terrorist attack in Israel.