Thursday, 31 March 2022

Two Investment Firms Call For Bayer CEO Fired Because Monsanto Purchase and Lawsuits

Alatus Capital and Temasek Holdings, two major investment firms, have called for Bayer CEO Werner Baumann’s resignation. The company’s value has dropped since Monsanto was acquired, in large part due to the billions spent on the Roundup litigation.

Bayer purchased Monsanto in 2018 for $63 billion. The two investment firms claim that this was a bad deal for shareholders because Monsanto was already dealing with thousands of lawsuits from Roundup users who had been diagnosed with non-Hodgkins Lymphoma and other injuries.

Bayer was the target of a series of large jury verdicts in the months following the acquisition. These verdicts were based on Monsanto’s failure to warn consumers about Roundup’s cancer risks. The company has already paid more than $11 million in Roundup settlements. The company faces numerous unresolved claims and there are likely to be new claims as former Roundup users develop non-Hodgkins Lymphoma.

Bayer was unable to successfully defend Monsanto’s actions at trial. However, it suspended settlement negotiations while it waited for a U.S. Supreme Court ruling on whether it would review two earlier verdicts. Bayer hopes this will result in a decision that will curtail future claims. There is no guarantee that the highest appellate court will consider Bayer’s appeal. However, juries are likely to be presented with a steady stream in the next months and year.

Two major investment firms called for a vote against Baumann at the next shareholder meeting. It is set for April 29.

According to an press release (PDF), by Alatus Capital, “The actions taken by Mr. Baumann have caused significant shareholder value destruction in Bayer.” This statement was made on March 18. The Fund was a long-term shareholder in Bayer, but it is urgent that a new leader be appointed. Baumann must accept full responsibility for the failures of his leadership and should not have his actions ratified by the Annual General Assembly.

Baumann was appointed to continue as CEO until 2024. He also survived another no-confidence vote in 2019 due to concerns about the Monsanto acquisition.

Alatus points out that Bayer’s share prices have dropped 48% since Monsanto was purchased.

Bayer told investors that if the Roundup Supreme Court appeals fail, it will continue with a claims administration plan to address future lawsuits. This could lead to billions of dollars in additional payments or verdicts.

The company also announced it would remove the active ingredient glyphosate in Roundup products sold to residential customers in the United States by 2023 to reduce its future liability.



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Wednesday, 30 March 2022

FEC Fines Clinton and DNC For Lying About Trump In 2016

Federal Election Commission fines Hillary Clinton’s 2016 campaign and the Democratic National Committee for lying about the funding of the discredited Russian “dossier”, which was used in a smear effort against Donald Trump just weeks before his shocking 2016 victory.

According to the election agency, Clinton and the DNC broke strict rules regarding the description of expenditures for payments that were funneled through their law firms to Fusion GPS, an opposition research firm, Clinton claimed.

The Clinton campaign and DNC treasurers paid $1,024,407.97 to Perkins Coie, the law firm, for Fusion GPS’s information. However, the party and campaign claimed it was for legal services and not opposition research.

Instead, Trump’s first term was marred by the DNC’s $849.407.97 and Clinton’s $175,000 for Fusion GPS’s opposition research on the dossier.

According to the memo, Clinton campaign and DNC claimed that their payment was for legal advice and services. Fusion GPS was hired by Perkins Coie. The agency claimed that the law was clear and was not violated.

The FEC stated that neither the party nor the campaign admitted to lying, but they will not contest the finding. The FEC stated that the investigation was being conducted solely to settle the matter quickly and avoid additional legal costs.

In a memo to the Coolidge Reagan Foundation the FEC stated that it had fined Clinton’s treasurer $8,000 while the DNC’s treasurer $105,000. This was three years after the FEC filed its complaint.

Secrets received the memo and it will be made public within a month.

Dan Backer, who filed the complaint on behalf of the foundation that focuses on free speech, said Secrets: “This may be the first time Hillary Clinton, one of America’s most corrupt politicians, has been held legally responsible, and I’m proud of having forced the FEC into doing their job.” The Coolidge Reagan Foundation demonstrated that Americans can resist the Clinton machine and other corrupt politicians with their grit and determination.

Clinton has in the past justified her campaign’s expenditure for the information of Marc Elias, her campaign lawyer. Fusion GPS, which compiled and hired Christopher Steele, a former British spy, to dig deeper into Trump’s activities.

Trump attacked the dossier for being full of lies. The FBI called it fake but only after the president had suffered enough damage.

The Republicans continue to press for Clinton’s charges.

With Washington’s Chalmers & Adams, Backer held out hope that further action would be taken against the former first lady. He stated that Hillary Clinton and her cronies had engaged in the largest political fraud in American history, destroying the faith of the nation in the electoral process. It was high time they were held responsible. This is just the beginning, I hope.



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Burt’s Bees and CoverGirl Class Action Lawsuits Filed For PFSAs in Products

Burt’s Bees has been joined by CoverGirl Cosmetics in a class-action lawsuit over the alleged presence of per- and/or polyfluoroalkyl compounds (PFAS) within their products.

Caroline Spindel, the plaintiff claims Burt’s Bees advertises its products as “100% Natural” despite their containing organofluorine. This she claims indicates that they contain PFAS.

Spindel’s class-action lawsuit states that PFAS is not a natural ingredient. Rather, PFAS are a set of synthetic chemicals known for being toxic to humans even at low levels.

According to class action lawsuits, PFAS is a group of synthetic chemicals that are both harmful to humans and the environment.

Spindel asserts that Burt’s Bees labels their products as “100% Natural” in order to mislead customers into believing that they are not made with toxic, synthetic chemicals such as PFAS.

“Burt’s Bees deceives consumers into believing that the Products are manufactured without unnatural chemicals when in reality some of them contain indicators PFAS which are synthetic,” Spindel’s lawsuit states.

Spindel is seeking to represent both a national and a subclass of New York consumers who have bought Burt’s Bees products. She alleges that Burt’s Bees is guilty unjust enrichment, breach of express warranty and violation of New York General Business Law.

CoverGirl Markets Products with PFAS as ‘Safe’ and ‘Sustainable.

According to Plaintiff Yeraldinne Solis however, CoverGirl claims that it sells PFAS-containing products despite the fact that they advertise as “sustainable” or “safe.”

Solis claims that CoverGirl’s failure to disclose the presence PFAS is particularly bad because it tells customers to use its products “throughout their day” and claims that it is “suitable to sensitive skin” as well as “dermatologically validated.”

Solis’ class action lawsuit states that the Defendants’ advertisements show the Product being applied directly to the face. This is despite the fact that research has shown that the risk of ingestion and absorption increases when the Product is near the eyes.

Solis is seeking to represent both a California and national class of CoverGirl product purchasers.

Solis asserts CoverGirl is guilty, among others, of negligent failure to warn and unjust enrichment. This also violates the Magnuson-Moss Warranty Act and California’s False Advertising Law and Consumers Legal Remedies Act.

Both Solis and Spindel are asking for a jury trial. They also request declaratory relief, along with damages for all class members.

L’Oreal was also sued in a similar case earlier this month for failing to disclose that its waterproof mascara contains PFAS .

Are you a CoverGirl and Burt’s Bees customer? Comment below!

L. Timothy Fisher of Bursor & Fisher P.A. and Kim E. Richman, Richman Law & Policy, collectively represent the plaintiffs.

FL 305-330-5512 NY 646-837-7150 CA 925-300-4455 info@bursor.com

The Burt’s Bees, CoverGirl, PFAS Class Action Lawsuits have Spindel against Burt’s Bees, Inc., and others, Case No. 4:22-cv-01928, U.S. District Court for Northern California. Solis, et. al.. Case No. 3:22-cv-01928, in the U.S. District Court of the Northern District of California; and em>Solis v. Covergirl Cosmetics, et al., Case No.



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Sun Pharma Agrees to $485 Million Settlement For Ranbaxy

Sun Pharma agreed to pay $485 Million to settle claims that Ranbaxy’s faulty U.S. Food and Drug Administration (FDA approval filings) were made to prevent other generic drugs from entering the market.

Sun, the Indian pharmaceutical giant Ranbaxy, was purchased by Sun in 2014 for a reported $3.2Billion. FiercePharma reports that Sun has not admitted to any wrongdoing in the settlement.

Ranbaxy was accused by generic drug buyers of violating state consumer protection laws as well as federal antitrust laws. He submitted flimsy FDA approval applications that contained false or missing information.

Sun’s attempt to dismiss the class-action lawsuit was unsuccessful in November, FiercePharma reports. The complaint itself was consolidated in 2019.

Ranbaxy was awarded exclusive rights for generic versions of drug products after the FDA fraudulent applications were submitted. This included AstraZeneca’s stomach-acid drug Nexium and Novartis’ blood pressure drug Diovan. Also, Roche’s herpes drug Valcyte. FiercePharma reports.

Ranbaxy received FDA approval in 2014 for its generic Diovan version.

Ranbaxy’s Faulty FDA Application Caused Higher Drug Price

Buyers claimed that the faulty applications prevented competitors from entering the market, and led to an increase in drug prices.

Sun also had issues with Ranbaxy’s four manufacturing plants after it bought the company. These locations were closed by the FDA because of quality problems.

FiercePharma reports that the FDA consent decree allowed the manufacturing plants to continue operating while they were being monitored by outside auditors.

FDA revoked tentative approvals Ranbaxy for generic Nexium/Valcyte drugs due to manufacturing problems.

Teva Pharmaceuticals was the subject of a similar class-action lawsuit. The limited liability company claimed that Teva had suppressed market competition to produce generic versions of Copaxone, its multiple sclerosis drug.



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Monday, 28 March 2022

Exchanges Beat High-Frequency Trading Lawsuit

A federal judge dismissed a long-running lawsuit accusing seven U.S. Stock Exchanges of defrauding ordinary investors on Monday. The litigation was quieted by allowing high-frequency traders to trade more quickly and at higher prices.

Exchanges, including the New York Stock Exchange, NASDAQ, and BATS Global Markets, were accused of providing high-frequency trading firms with enhanced order processing speeds and data feeds. They also allowed them to locate their servers close to the exchanges so that trading signals could be sent more quickly.

In a 46-page decision, U.S. District Judge Jesse Furman of Manhattan stated that investors in the class action were not able to prove they were injured by the actions of the exchanges, which they claimed violated federal securities laws.

The judge said that reports by the plaintiffs’ expert witness (a former high-frequency trader, who now consults about market structure) were not based on reliable methodology and did not track trading firms’ use of specialized services.

Furman stated that these reports were inadmissible and that “it follows the plaintiffs have adduced not admissible evidence their trades were harmed due to the exchanges’ challenged conduct”, denying them legal standing to sue.

The lawyers representing the investors and the exchanges didn’t immediately respond to inquiries for comment.

High-frequency traders make use of computer algorithms to achieve split-second trading benefits.

They were featured in Michael Lewis’ bestseller “Flash Boys”, published in March 2014. The suit was filed the following month.

BATS is now part CBOE Global Markets Inc, while NYSE is part Intercontinental Exchange Inc.

The city of Providence, Rhode Island, and several pension plans, which included one for Boston, led investors.

Furman had dismissed their claims in 2015. He found that the exchanges were completely immune from federal law liability. However, a court of appeals overturned Furman’s decision two years later.

The case is the City of Providence in Rhode Island et. al v BATS Global Markets Inc., U.S. District Court for the Southern District of New York, No. 14-02811.



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Friday, 25 March 2022

Caerus Explores $2.5 Billion Sale

People familiar with the matter Friday said that Caerus Oil and Gas, a private equity-owned natural resource producer in the United States, is considering a sale. The potential value of the sale would exceed $2.5 billion including debt.

According to sources, the company was offered an acquisition deal at the end of last year. The company plans to launch a sale process within the next few weeks. They warned that no sale is guaranteed and requested anonymity to discuss sensitive information.

Oaktree Capital Management and Anschutz Investment Company own Caerus. Old Ironsides Energy also owns Caerus. The Denver-based company is home to exploration and production assets as well as pipelines and mineral rights. Its operations are centered in the Piceance Basin of Colorado and the Uinta Basin of Utah.

Anschutz and Old Ironsides declined to comment. Oaktree and Caerus did not respond to comment requests.

U.S. natural-gas futures traded at $5.45 per million British thermo units on Friday. This was an increase of over 45% since the invasion by Russia in Ukraine. Crude oil prices have also reached multi-year highs.

The rising commodity prices have encouraged private equity firms to exit long-standing energy investments.

Caerus was founded in 2009 by Oaktree, Anschutz, and other founding sponsors. Old Ironsides was one of its backers and helped the company to acquire assets from Encana Corp in Colorado for $735 million.

Caerus also purchased the Uinta assets from Occidental Petroleum Corporation in 2020. According to its website, Caerus produces natural gas on approximately 680,000 net acres.



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Thursday, 24 March 2022

Microwave Popcorn Class Action Lawsuit

Popcorn is a popular snack that many people consider healthy. This popular snack may conceal harmful chemicals that aren’t listed on the labels. You may be able to file a claim if you bought popcorn products containing unlisted chemicals.

Health-conscious consumers look closely at product labels when deciding whether or not to buy a product. The label on the product provides accurate information about its ingredients.

However, some popcorn manufacturers allegedly fail to disclose the harmful chemicals in their products, potentially putting consumers’ lives at risk.

Consumer protection lawyers are investigating claims that these companies have sold popcorn containing undisclosed chemicals.

  • Orville Redenbacher
  • Skinny Pop
  • Boom Chicka Pop
  • Pop Secret
  • Whole Foods Market 365
  • Kirkland
  • Jolly Time
  • Newman’s Own

Are You Qualified?

You may be eligible for a free popcorn mislabeling lawsuit investigation if you have purchased popcorn products from these companies and live in one the following states:

  • Illinois
  • California
  • Florida
  • Massachusetts
  • Michigan
  • Minnesota
  • Missouri
  • New Jersey
  • New York
  • Washington

You can hold microwave popcorn manufacturers responsible for their safety by joining a class-action lawsuit against popcorn manufacturers. You might also be eligible for compensation on behalf of yourself and other purchasers of the products.

Click Here to Submit A Claim

Is Popcorn Good for You?

Popcorn is a healthy snack that’s low in calories. Popcorn is a whole grain food rich in fiber and antioxidants. Time popcorn preparation can have a negative impact on the health benefits.

According to some reports, microwave popcorn coatings have been linked with health problems. One of the most common microwave popcorn chemicals is diacetyl. It has been linked with a condition called popcorn lung that affects workers at factories that make microwave popcorn.

Some chemicals used to coat microwave popcorn bags could also prove carcinogenic. Some microwave popcorn chemicals have been banned by the FDA.

Diacetyl was also found in butter flavoring and the air at a microwave popcorn factory, according to the National Institute for Occupational Safety and Health.

Discover Magazine reported that people who eat a lot of fast food, microwave popcorn, and takeout have higher levels than those who eat mainly home-cooked meals. The chemicals may leach into foods through the packaging, according to researchers.

Popcorn producers who fail to disclose that their products contain harmful chemicals could be putting the health of consumers at risk. They could be held responsible for mislabeling products.

The healthiest way to prepare popcorn is air-popped without oil.

Participate in a Free Popcorn Class Action Lawsuit Investigation

Popcorn consumers in Illinois, California, and Florida who bought popcorn from any of these companies could be eligible to participate in a popcorn mislabeling lawsuit investigation:

  • Orville Redenbacher
  • Skinny Pop
  • Boom chicka Pop
  • Pop Secret
  • Whole Foods Market
  • Kirkland
  • Jolly Time
  • Newman’s Own

DAPEER LAW, P.A.

Licensee in Florida, New York, New Jersey
Miami, FL – Office Location



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CIM and KBS Boars Recommend Shareholders Reject Comrit Offer

CIM Real Estate Finance Trust and KBS Real Estate Investment Trust III Inc. have each issued a letter to shareholders encouraging them to re...