Category Archives: Business Law

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Drug makers spend big to fight California price control referendum

Drug Companies To Pour $100M Into Battle Against California’s Price Control Ballot Initiative

The initiative, likened by one lobbyist to a “grenade being rolled into the conversation,” would require the state to pay no more for prescription drugs than the U.S. Department of Veterans Affairs, and the industry is gearing up to fight back. In other news, Novartis’ heart-failure drug is getting a warmer welcome in Europe than America, and the company is considering its options in selling its stake in Roche.

Politico: Drug Makers Spend Big To Fight California Price Control Referendum

Donald Trump and Hillary Clinton give drug makers the jitters when they talk about Medicare negotiating the prices of prescription drugs. But the biggest near-term threat to the industry comes from a California ballot initiative that would test a version of that idea in the most populous state. That ballot initiative “is a grenade being rolled into the conversation, and it is being taken very seriously,” says a Republican drug lobbyist in Washington, D.C. (Cook and Karlin-Smith, 4/25)

The industry is expected to pour $100 million into an effort to squash the November ballot initiative.

Donald Trump and Hillary Clinton give drug makers the jitters when they talk about Medicare negotiating the prices of prescription drugs. But the biggest near-term threat to the industry comes from a California ballot initiative that would test a version of that idea in the most populous state.

That ballot initiative “is a grenade being rolled into the conversation, and it is being taken very seriously,” says a Republican drug lobbyist in Washington, D.C.

Drug companies are expected to pour $100 million into an effort to squash the referendum in what will be a test of the industry’s strength at a time of growing consumer backlash against drug prices. The initiative would require the state to pay no more for prescription drugs than the U.S. Department of Veterans Affairs — one of the few federal agencies allowed to negotiate drug prices.

From the industry’s perspective, California could set a dangerous precedent. Besides having an economy the size of many small countries, the liberal bastion is often a laboratory for new ideas that take root and then spread east. That’s even more likely given that the presidential front-runners are pushing the federal government to negotiate drug prices for Medicare.

“This is the crack in the door” on drug pricing, said Jamie Court, president of Consumer Watchdog, a California nonprofit devoted to consumer protection issues. “If any Democrat in America wants bulk purchasing in Medicare, it will start with bulk purchasing for the most liberal state government in America.”

Which is precisely the intention of the initiative’s sponsor, Michael Weinstein, CEO of the Los Angeles-based AIDS Healthcare Foundation. “If we win, we hope it will start a national prairie fire,” he said.

Weinstein pursued the ballot measure after years of in-your-face activism on AIDS and after watching the California state legislature fail to do anything about drug prices — a big concern to people with HIV/AIDS who may be taking costly drugs for the rest of their lives.

Read more: http://www.politico.com/story/2016/04/drug-makers-california-referendum-222334#ixzz471Q9mg4k
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Wells Fargo admits deception in $1.2 billion U.S. mortgage accord

BY JONATHAN STEMPEL

Wells Fargo & Co (WFC.N) admitted to deceiving the U.S. government into insuring thousands of risky mortgages, as it formally reached a record $1.2 billion settlement of a U.S. Department of Justice lawsuit.

The settlement with Wells Fargo, the largest U.S. mortgage lender and third-largest U.S. bank by assets, was filed on Friday in Manhattan federal court. It also resolves claims against Kurt Lofrano, a former Wells Fargo vice president.

According to the settlement, Wells Fargo “admits, acknowledges, and accepts responsibility” for having from 2001 to 2008 falsely certified that many of its home loans qualified for Federal Housing Administration insurance.

The San Francisco-based lender also admitted to having from 2002 to 2010 failed to file timely reports on several thousand loans that had material defects or were badly underwritten, a process that Lofrano was responsible for supervising.

According to the Justice Department, the shortfalls led to substantial losses for taxpayers when the FHA was forced to pay insurance claims as defective loans soured.

Several lenders, including Bank of America Corp (BAC.N), Citigroup Inc (C.N), Deutsche Bank AG (DBKGn.DE) and JPMorgan Chase & Co (JPM.N), previously settled similar federal lawsuits.

But Wells Fargo held out, and its payment is the largest in FHA history over loan origination violations.

Friday’s settlement is a reproach for “years of reckless underwriting” at Wells Fargo, U.S. Attorney Preet Bharara in Manhattan said in a statement.

“While Wells Fargo enjoyed huge profits from its FHA loan business, the government was left holding the bag when the bad loans went bust,” Bharara added.

The accord also resolved a probe by federal prosecutors in California of alleged false loan certifications by American Mortgage Network LLC, which Wells Fargo bought in 2009.

No one has been criminally charged in the probes, and the Justice Department reserved the right to pursue criminal charges if it wishes, according to the settlement.

Franklin Codel, president of Wells Fargo Home Lending, in a statement said the settlement “allows us to put the legal process behind us, and to focus our resources and energy on what we do best — serving the needs of the nation’s homeowners.”

Lewis Liman, a lawyer for Lofrano, did not immediately respond to requests for comment.

Wells Fargo on Feb. 3 said the settlement would reduce its previously reported 2015 profit by $134 million, to account for extra legal expenses.

The case is U.S. v. Wells Fargo Bank NA, U.S. District Court, Southern District of New York, No. 12-07527.

(Reporting by Jonathan Stempel and Nate Raymond in New York; Editing by Dan Grebler)

Deadmau5 Sues Vape Company for Trademark Infringement

MARCH 31, 2016 6:56pm PT by Ashley Cullins

The deadmodz vape brand is confusing deadmau5 fans who think the electronic music star is behind the electronic cigarette line, according to the lawsuit.

Electronic dance music master Joel Zimmerman says West Coast Vape Supply is intentionally infringing on his deadmau5 trademark, according to a federal lawsuit filed on Thursday in California.The deadmodz electronic cigarette line is trying to capitalize on Zimmerman’s fame, and according to the lawsuit the products “overlap with, are closely related to deadmau5’s goods and services and/or represent a natural zone of expansion for deadmau5, and such goods are or would be marketed and sold to the same types of consumers through the same channels of trade.”

Zimmerman is suing for trademark infringement and false association, and is seeking statutory and punitive damages and a permanent injunction to ban West Coast Vape from using deadmodz.

His attorney Irene Lee sent a statement to The Hollywood Reporter saying they’re suing to protect the artist’s trademark and his fans.

“Our client faces unscrupulous people trying to take advantage goodwill associated with his intellectual property and his fame,” Lee writes. “We are grateful for our fans and believe it’s our obligation to make sure our fans are not duped into buying things that deadmau5 did not authorize.”

The lawsuit claims deadmau5 is not only a trademark, but a brand Zimmerman has been building for more than a decade. It also explains the origins of his onstage persona.

In 2002 Zimmerman took his computer apart and found a dead mouse inside. When he posted the story online, people started referring to him as “dead mouse guy.” He embraced the new nickname and tried to change is screen name to “deadmouse” but found the Internet Relay Chat channel he was using limited usernames to eight characters. Using leet spelling, he became deadmau5.

Not only is the name “deadmodz” similar to “deadmau5,” Lee argues, but also the vape company copied the bubble font Zimmerman uses in his logo.

Lee shared this photo, which is an exhibit to the suit:
Screen Shot 2016-04-02 at 2.06.57 AM

In an effort to avoid the litigation, Zimmerman’s transactional attorney Dina LaPolt sent several letters to Alham Benyameen, the principal of West Coast Vape.

After an initial cease and desist letter, sent on Feb. 5, Benyameen substantially changed his website and logo design.

In response LaPolt made it clear that wasn’t good enough and tried again to settle out of court in a Feb. 19 letter.

“Please understand that your attempted changes do not negate that fact that you have violated and continue to violate our client’s rights, and thus are liable for, among other things, trademark and copyright infringement and attendant damages,” LaPolt writes. “In fact, your changes only highlight your acknowledgement and concession of wrongdoing, which admittedly is willful, knowing and intentional.”

When they didn’t respond, Lee prepared the suit.

“Instead of conceding their wrongdoing and agreeing to comply with our requests, they refused to acknowledge deadmau5’s intellectual property rights and their wrongdoing, necessitating this legal action,” she writes in her statement to THR. “We intend to vigorously protect deadmau5’s rights.”

West Coast Vape did not immediately respond to a request for comment.

Sourced From – http://www.hollywoodreporter.com/thr-esq/deadmau5-sues-vape-company-trademark-879815

Jay Z Reportedly Taking Legal Action Against Former Tidal Owners

The lawsuit claims TIDAL’s former owners distorted subscriber numbers.

Ralph Bristout Mar 31, 2016

According to Bloomberg, Jay Z is going after the previous owners of Tidal for claims that he was given inflated subscriber numbers before acquiring the service.

The news was first reported by Norwegian press as the Roc Nation mogul filing a multi-million dollar lawsuit against the former owners of Tidal, which sold the service to him for about $56 million.

“It became clear after taking control of TIDAL and conducting our own audit that the total number of subscribers was actually well below the 540,000 reported to us by the prior owners,” said Tidal representatives in an emailed statement to Bloomberg. Before the deal, the streaming service was owned by the Norwegian media company Schibsted ASA.

The statement continues, stating, “As a result we have now served legal notice to parties involved in the sale.” It’s been reported that TIDAL wants about $15 million back.

Meanwhile, Schibsted defended the sale, telling Norway’s BreakIt News, as relayed by USA Today, “We want to point out that it was a publicly traded company that was acquired, with what it means by the transparency of financial reporting. Otherwise we have no comments.”

The lawsuit comes just a few days after Tidal revealed that its service has now gained more than 3 million subscribers worldwide, thanks to exclusives like Kanye West’s The Life of Pablo.

Sourced From – https://revolt.tv/stories/2016/03/31/jay-reportedly-taking-legal-action-tidal-owners-6253597a67

ConAgra must pay $108.9 million in lawsuit over fatal 2009 blast; verdict likely a Nebraska record

The Slim Jim plant in Garner, North Carolina, after the explosion on June 9, 2009. Four people died as a result of the explosion, which was caused by a natural gas leak during water heater installation.

POSTED: FRIDAY, MARCH 25, 2016 1:50 PM | UPDATED: 12:13 AM, SUN MAR 27, 2016.

ConAgra Foods, the Fortune 500 company that is moving its headquarters from Omaha to Chicago, has been found liable for $108.9 million in a civil lawsuit that looks to be the largest of its kind in Nebraska history.

The case is related to damages and injuries stemming from a fatal explosion at a Slim Jim plant in North Carolina in 2009. ConAgra told The World-Herald that it plans to appeal.

The company was found Friday to be “negligent” in the explosion and the resulting injuries by a civil lawsuit jury in Douglas County District Court.

Nebraska courts don’t keep formal records of the jury verdicts leading to the largest monetary damages. Recent large ones have included the $43.8 million verdict last year in Douglas County Court in a dispute between rival software firms. The Fraser Stryker law firm of Omaha said at the time that it believed the total to be the largest in state history.

Lawyers in the courtroom moments after the ConAgra verdict said they thought it was the largest, but none wished to say so formally.

The ConAgra lawsuit had its genesis in payments made to the injured after the 2009 explosion, which happened during a water heater installation at the giant food-processing plant in Garner, North Carolina. Four people died, and many were injured. California-based Jacobs Engineering, which had a contract to perform services at the plant, in later years paid about $108 million to settle lawsuits that said it was at fault.

Later, Jacobs decided to sue ConAgra to recoup the money, saying it had no role in the explosion. The Douglas County jury agreed Friday, finding Jacobs not negligent.

“We are grateful for the court’s and the jury’s time and dedication to this case, and that our client Jacobs Engineering was vindicated after seven years,” said Gil Keteltas, Jacobs’ lead trial lawyer with the Baker Hostetler firm of Washington, D.C.

While sizable, the $108.9 million is a fraction of ConAgra’s $16 billion in revenue last year from sales of products such as Slim Jims, Chef Boyardee pasta and Alexia frozen side dishes.

The jury award comes amid rough sledding in Omaha for ConAgra. The company said last year that it plans to move the headquarters, in Omaha since the 1920s, to Chicago sometime this year. The company also eliminated 1,500 U.S. jobs and has embarked on a plan to save $300 million annually via a cost-cutting plan.

ConAgra spokesman Dan Hare said Friday that, “While we respect the jury’s decision, we have several strong grounds for appeal, which we plan to pursue.”

Assisting in securing the verdict were Baker Hostetler’s Bob Abrams, and Ed Tricker and others with the Lincoln firm Woods & Aitken.

“It was a Herculean task,” Douglas County District Judge Gary Randall said from the bench, describing of the work of the 12-person jury, whom he thanked for sitting through weeks of detailed and sometimes tedious arguments about the fine points of contract law.

The dispute emerged after the explosion, caused by a natural gas leak during water heater installation. The jury found that it was 70 percent ConAgra’s fault and 30 percent the fault of another contractor that will not have to pay any of the $108.9 million because the jury found that ConAgra controlled the actions of that contractor.

Jacobs was another contractor on the Slim Jim site, performing a variety of services for ConAgra. Because of that, it became the target of lawsuits by the injured, lawsuits that Jacobs wound up settling for about $108 million. Companies sometimes pay settlements to avoid the expense of defending lawsuits in court, whether they engaged in disputed conduct or not.

In the Douglas County case, Jacobs, a engineering firm with about $12 billion in annual revenue, said it deserved its money back. Jacobs said it had no role in the explosion.

After the explosion, ConAgra shut the Slim Jim plant and donated the land to the North Carolina town, along with $3 million for a community center.

Contact the writer: 402-444-3197, russell.hubbard@owh.com

Complete coverage: ConAgra moving headquarters to Chicago

Correction: ConAgra is liable for $108 million in damages sought by Jacobs Engineering; an earlier version of this story misstated the amount for which the jury found ConAgra liable.

Sourced From – http://www.omaha.com/money/conagra-liable-for-million-after-fatal-explosion-likely-the-largest/article_81f336ce-f2ba-11e5-840e-f3bca4f3f045.html