Tag Archives: featured

Airbnb takes San Francisco to federal court over short-term rental law

Taryn Phaneuf Jun. 30, 2016, 8:48pm

SAN FRANCISCO – Airbnb has sued the city and county of San Francisco over a law that puts companies like it on the hook if they promote short-term housing rentals by a host that hasn’t registered with the city and county.

“As the ordinance’s own sponsors have described it, the ordinance holds ‘hosting platforms accountable for the hundreds of units (rented by) unscrupulous individuals’ posting listings on their websites,” the court complaint reads. “As such, the ordinance unquestionably treats online platforms such as Airbnb as the publisher or speaker of third-party content and is completely preempted by the CDA.”

In 2014, San Francisco began requiring residents who rent rooms or entire homes to tourists through websites like Airbnb, VRBO and HomeAway to register. But enforcement has been an issue: Only about 1,400 of an estimated 7,000 hosts had registered more than a year later. The San Francisco Board of Supervisors passed an amendment June 14 requiring websites to vet local listings and only post those whose hosts are registered. It fines companies if they don’t comply with the law.

Airbnb opposed the addition to the law and now has officially challenged it through a lawsuit filed in U.S. District Court in San Francisco, claiming it violates Section 230 of the Communications Decency Act of 1996, which protects online services that publish third-party content from being held liable for the speech and actions of others.

Full Article – http://norcalrecord.com/stories/510941383-airbnb-takes-san-francisco-to-federal-court-over-short-term-rental-law

Plan To Make Small L.A. Theatres Pay Actors Minimum Wage Headed To Court

Attempts to resolve the dispute that could decide the fate of small theatre in Los Angeles have failed, and the battle now appears to be headed to court. Last October, a group of actors and local theatre owners filed suit against Actors’ Equity seeking to overturn the union’s decision to force small legit theatres in Los Angeles to pay their actors minimum wage. Under the current rules, many small theatre actors work for as little as $7 a day.

The plaintiffs, including actors Ed Harris, Amy Madigan and former SAG president Ed Asner, claim the union’s minimum wage mandate will force many small theatres to close.

The two sides agreed to a ceasefire in December, saying they would attempt to resolve the dispute through mediated negotiations, with the dissidents agreeing not to serve the complaint on the union and the union agreeing to extend the deadline for implementing the new policy for as long as they keep making progress towards a new deal. The plaintiffs also withdrew all claims and causes of action against Equity executive director Mary McColl, who had been named as a defendant in their lawsuit.

Full Article – http://deadline.com/2016/06/actors-equity-99-seat-theatre-lawsuit-los-angeles-minimum-wage-1201780844/

Merck’s patent win over Gilead reversed over false testimony

Merck & Co.’s $200 million jury verdict against Gilead Sciences Inc. was voided in a patent dispute over a breakthrough for hepatitis C because of misconduct by a witness at the companies’ trial.

A federal judge concluded Monday that dishonest and duplicitous testimony by a retired Merck scientist before and during a March trial played into the jury’s finding that the company was responsible for early discoveries that led to the development of Gilead’s Sovaldi and Harvoni medicines.

The scientist “intentionally fabricated testimony” and Merck supported his “bad faith conduct,” U.S. District Judge Beth Labson Freeman in San Jose, California, said in her ruling.

The reversal of the fifth-largest U.S. verdict this year vindicates Gilead in its refusal to share royalties with Merck on the more than $20 billion revenue the hepatitis C drugs generated from 2013 through 2015 in the U.S. The Foster City, California-based company’s sales have started to slow this year as competition for the liver disease market intensifies among drugmakers.

“This is a nice little bump for Gilead who’d already accounted for the $200 million,” said Bloomberg Intelligence analyst Asthika Goonewardene. “But of course, this is a big win and will be beneficial to Gilead and how they can claim ownership of the drug in the long run.”

Merck vowed to appeal Monday’s ruling, saying it “does not reflect the facts of the case.”

“In its decision, the jury recognized that patent protections are essential to the development of new medical treatments,” the company said in an email. “The compounds and methods at issue in this case facilitated significant advances in the treatment of patients with HCV infection, and achieving these advancements required many years of research and significant investment by Merck and its partners.”

Gilead said it “has always believed Merck’s patents are invalid and unenforceable.”

“We are pleased the court has ruled in Gilead’s favor and determined that Merck’s patents are unenforceable against Gilead, and therefore, Merck is not entitled to recover any damages,” the company said in an email.

Labson Freeman re-opened the case in April after Gilead alleged that ex-Merck scientist Phil Durette gave conflicting statements about his participation in a key phone call some 15 years earlier when the drug’s basic composition was first presented to Merck.

Durette initially said in a pretrial deposition he wasn’t on a phone call in which secrets about the compound’s basic chemistry were discussed while Merck was exploring a take-over of Pharmasset Inc., a company that was later acquired by Gilead. When testifying to the jury after checking his notes, Durette admitted to playing a role in the meeting.

“Dr. Durette’s lying at his deposition, recanting that testimony at trial without proper prior notice to Gilead, and further untruthful testimony at trial all support the court’s conclusion that Merck did intend to deceive Gilead and the court,” the judge wrote.

She said Merck’s actions were “even more egregious” because Durette was acting as the company’s patent attorney.

Merck’s victory at trial had set the stage for it to seek future royalty payments from Harvoni and Sovaldi, which sells for $1,000-a-pill in the U.S., before discounts and rebates.

While Gilead continues to dominate the market, the lull in its hepatitis C treatment revenue opened the door to Amgen Inc. retaking its place as the world’s top biotech firm by market capitalization.

The case is Gilead Sciences Inc. v. Merck & Co., 13-cv-04057, U.S. District Court, Northern District of California (San Jose).

Full Article – http://www.theindianalawyer.com/mercks-patent-win-over-gilead-reversed-over-false-testimony/PARAMS/article/40559

A Look at How Social Media is Impacting Divorce Cases

06/23/2016 11:40 am ET | Updated 6 days ago

William Morrow Internet Marketer, Link Builder, Blogger, Entrepreneur, Content Marketing Strategist at SEO POW LTD

Most people with a smartphone are constantly tapped into some form of social media. Sharing cute pictures of kids and pets is simply a routine part of life these days. Some people even use social media to vent frustrations or look for advice.

In a divorce case, however, shares on social media can create ample evidence that can be used against one or both parties to affect alimony, child support, child custody, and more.

Email and Text Messages

Email and text messages are admissible in court and can even be subpoenaed. If one party in the marriage reveals something about a new job or an upcoming bonus that hasn’t been revealed in court, this can be used as evidence that the person isn’t being honest in his or her financial declarations.

Someone once claimed in court that he didn’t have a job, yet he posted about his job online (along with the expensive vacations he took with his girlfriend). With this evidence in court, his request for alimony was denied.

Lawyers advise people to keep all written communication free of sensitive information during a divorce. If you wouldn’t want a judge reading it, don’t write it – anywhere.

Finances
Most people don’t list their income on social media, but they find plenty of other ways to brag about their financial prosperity. If someone claims a low income to avoid high alimony or child support payments but posts pictures of expensive vacations or purchases, this can be used against him or her in court.

Even when a spouse is blocked from seeing his estranged wife’s social media, he can still often see what her friends are posting. If she goes on an expensive vacation with a mutual friend and that friend makes a post about the trip, the spouse can use this evidence to prove that his wife isn’t being honest in her finances.

Ben Carrasco, a divorce attorney in Austin, Texas, reports once using a LinkedIn profile to show the existence of a side business (another source of income) that a party had not disclosed in discovery. This information helped his client secure more child support than she would have otherwise received. “It’s amazing the wealth of information now at our fingertips in a divorce case” says Mr. Carrasco. “What would have once taken weeks of research to discover, if at all, can now be found in the click of a mouse”.

Dating Sites
Creating a profile on an online dating site before a divorce is finalized is foolish. Not only does it show evidence of potential cheating, but most people present themselves differently in an online profile than they do in person. If someone is caught saying something different on a dating site than is said in court, it can lead to problems in the divorce case.

Child Custody
Social media reveals what people are doing, where they’re doing it, and when it’s happening. If a mother is working through a child custody case, but posts pictures that show she was drunk when she should have been watching the children, a judge may rule that the children will not be properly cared for by her.

If one party is supposed to be searching for a job, but posts pictures and status updates that reveal he’s playing video games all day, the judge may rule harshly on alimony and child support decisions.

How to Prevent Negative Effects From Social Media
The best thing to do to avoid social media ruining any portion of a divorce case is to simply stop using it. Many people may be tempted to actually delete their accounts and scrub their online lives. However, once litigation has begun, social media becomes evidence. Deleting accounts is actually a destruction of evidence and can cause a lawyer to be sanctioned.

Full Article – http://www.huffingtonpost.com/william-morrow/a-look-at-how-social-medi_b_10633940.html

Islamic State duped by ‘dark web’ mafia site offering murder, mayhem for Bitcoins

– The Washington Times – Wednesday, June 29, 2016

The Islamic State is steering followers to a “dark web” mafia site that offers murder and other mayhem for hire at a price of thousands of dollars in Bitcoins, the online currency.

The problem for the world’s most vicious terrorist army is that hackers in recent weeks have exposed the “Besa Mafia” destination as an elaborate fraud. It is likely run not by the real-life Besa Albania Mafia and its criminal networks in Europe and the United States, but by a guy living in Romania.

This means the Islamic State, also known as ISIL and ISIS, is sending its followers on a money-wasting venture that is not likely to get anybody killed.

The Islamic State’s endorsement of the Besa Mafia site was discovered by the Middle East Media Research Institute.MEMRI, which monitors jihadi traffic, found Islamic State’s June 14 message on the channel Cyber Kahilafah, which is carried on the encrypted messaging app Telegram.

Telegram is its own story. Invented by an exiled Russian technocrat as a way for dissidents to escape the wrath of Vladimir Putin, Telegram has become the go-to platform for jihadis’ planning and commanding terrorist attacks, according to its detractors.

The Besa Mafia location is one of the more intriguing stops on the mysterious dark web. Users can reach this sinister-sounding world anonymously via special browsers, such as The Onion Router, or TOR, that do not leave an IP address — no electronic fingerprints.

Read Full Article – http://www.washingtontimes.com/news/2016/jun/29/isis-duped-by-besa-mafia-dark-web-site-offering-mu/