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Tangent: The Supremes Decide Today NOT To Hear A “Feces-book” Claimed Defense — To Federal Securities Fraud.

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We often (at our other properties) cover cases where life-science companies omit material adverse information — in SEC filings. Consider our coverage of “Fast” Fred Hassan, here — and more recently, Martin Shkreli. [We’ve been documenting, and analyzing — such cases since 2008.]

Even so, I’ll make short work of this.

While the Supremes simply decided this morning to “undo” their previous grant of cert., as “improvidently granted” — it seems clear that some or all of what Amalgamated Bank said about Facebook, here… is what led to the Supremes leaving the Ninth Circuit finding of liability, against Facebook in place — in the Cambridge Analytica failure to disclose / securities fraud cases.

Mr. Musk [and CEO of “Truth”, Devin Nunes] should take heed — since both of them regularly skirt the disclosure rules of the SEC — with material omissions. Musk, particularly, has a bevy of enforcement actions and consent decrees… to prove it.

Onward, grinning — snows are just about all melted already, after six inches yesterday morning. Out.

नमस्ते

On A Quiet, Snowy Pre-Thanks. Thursday Afternoon — We Will Post Up The Monster Amazon Lobby Spending (~2X to ~10X), For Comparison / Contrast — Vs. Big Pharma, Side By Side, In Q3 2024

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It is almost eerily quiet here now, with about six inches down, and still flurries swirling… so, why not?

I’ll list the health — and employee-related spending Mr. Bezos laid out, and leave all the core logistics biz spend, to the side. But the $4.38 million, to be clear — in Q3 2024… is for all of the lobbying, not just PPS / health / telemedicine / owned clinics related:

…Issues related to health information technology, Medicare, healthcare and telehealth, including the Telehealth Expansion Act (H.R. 1843 / S. 1001), the Telehealth Benefit Expansion for Workers Act (H.R. 824), the CONNECT for Health Act (S. 2016 / H.R. 4189), the Telehealth Modernization Act (H.R. 7623 / S. 3967), and the Primary Care Enhancement Act (H.R. 3029 / S. 628); issues related to pharmacy, including the Better Mental Health Care, Lower-Cost Drugs, and Extenders Act (S. 3430); and issues related to Fiscal Year 2024 appropriations bills and the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2025 (H.R. 9029)….

Issues related to the Equality Act (H.R. 5 / S. 5), the Justice in Policing Act (H.R. 8525), and cannabis reform, including the States Reform Act (H.R. 6028) and the Cannabis Administration & Opportunity Act (S. 4226)….

Issues related to Amazons Climate Pledge, including alternative fuel vehicles, electric vehicle charging infrastructure, renewable electricity data, federal fleet electrification, maritime and shipping decarbonization, sustainable aviation fuel (SAF), low-carbon R&D, and plastics. Issues related to energy and environmental provisions in the Infrastructure and Jobs Investment Act (P.L. 117-58) and the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2025 (H.R. 8998)….

Issues related to the implementation of the Foundations for Evidence-Based Policymaking Act of 2018 (P.L. 115-435); and implementation of the Federal Artificial Intelligence Risk Management Act of 2023 (P.L. 117-263)….

Issues related to STEM education, computer science education, and job training in the CHIPS and Science Act of 2022 (P.L. 117-167)….

Issues related to veterans hiring and training, employee compensation and benefits, workplace safety, competition, contracting, and minimum wage, including the AMERICA Act (S. 1073), the Warehouse Worker Protection Act (H.R. 8639 / S. 4260), and a bill to provide that certain discriminatory conduct by covered platforms shall be unlawful, and for other purposes (AICOA) (S. 2033)….

Issues related to USDA SNAP online purchasing, including reauthorization of the Agricultural Improvement Act of 2018 (P.L. 115-334), the Farm, Food, and National Security Act of 2024 (H.R. 8467), Electronic Benefit Transfer, the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), and food safety….

Issues related to immigration, high-skilled immigration, and non-immigrant visas, including issues related to employment-based visas, green card backlog, the STEM visa exemption provision, and Deferred Action for Childhood Arrivals (DACA)….

Issues related to cybersecurity, including critical infrastructure protection, payments security, cloud security, authentication, government procurement, cybersecurity incident reporting, and artificial intelligence; the Federal Improvement in Technology (FIT) Procurement Act (S. 4066), and the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (H.R. 8070)….

Issues related to data protection, encryption, data retention, data breach notification, data security, cross border data flows, privacy, including the American Privacy Rights Act of 2024 (H.R. 8818), law enforcement access, fraud prevention, product safety related to the sale of counterfeit and/or stolen products, including the Combating Organized Retail Crime Act (H.R. 895 / S. 140), cloud computing, including the American Data Privacy and Protection Act (H.R. 8152), and Esther’s Law (S. 4298)….

Issues related to artificial intelligence safety and research and development, including the Future of AI Innovation Act (S. 4178), the AI Research Innovation, and Accountability Act (S. 3312), the Protecting Consumers from Deceptive AI Act (H.R. 7766), the National AI Commission Act (H.R. 4223), and the Create AI Act (S. 2714)….

Issues related to taxes, including renewable energy tax credits, digital goods and services, international and corporate taxation, the Tax Relief for American Families and Workers Act (H.R. 7024), and implementation of the Tax Cut and Jobs Act (P.L. 115-97)….

Issues related to intellectual property, including copyright reform and artificial intelligence; and issues related to patent reform, intermediary liability, and rights of publicity. Issues related to patent reform, including the PREVAIL Act (S. 2220) and the Patent Eligibility Restoration Act (S. 2140)….

Now you know. Grinning, as my house starts to fill up as of tonight, for the feast next Thursday… weary travellers, headed home. Perfect!

नमस्ते

It Appears Mr. Grant Has Agreed To A Payment, From Team Tangerine — For The Latter’s Stealing “Electric Avenue” In 2020. Woot!

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Well… that did not take too terribly long [the mandated settlement conference was two days ago, now]. And, unless Team Trump defaults on its payment obligations (and thus forces a collection / receivership action) — we aren’t likely to know how much Mr. Grant has been paid.

But as with all matters… Tangerine, the probability is… that he may very well default, on this court ordered agreement. So we may yet know.

For Eddy’s sake — I will hope that Tangerine just pays what he owes, quietly. But I’d not bet the ranch on it, honestly. So we will keep an eye on that case / docket / file. Here’s the overnight order, and a bit of it:

…ORDER: It having been reported to this Court that the parties have settled this action, it is hereby ordered that this matter be discontinued with prejudice but without costs; provided, however, that within 30 days of the date of this order, counsel for the plaintiff may apply by letter for restoration of the action to the calendar of the undersigned, in which event the action will be restored. Any application to reopen must be filed within thirty (30) days of this order; any application to reopen filed thereafter may be denied solely on that basis.

Further, if the parties wish for the Court to retain jurisdiction for the purpose of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same thirty-day period to be so-ordered by the Court. Unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. All pending motions are dismissed as moot. All conferences are canceled. The Clerk of Court is directed to close this case.

SO ORDERED. (Signed by Judge John G. Koeltl on 11/20/2024)…

Now you know. Snows are now easing up here — done shovelling — and baby girl, in tonight, very late — from the Baja (Mexican) coast. Grin — oh, and Matt Gaetz is… toast.

नमस्ते

Time For A Candid — And Yet Strident, Assessment Of “What Went Wrong” — In Mpox’s First 100 Days…

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I am afraid that, as we all know… those who refuse to learn from history… are fated to repeat it. [I am looking right at you, Mr. Kennedy, and “Dr.” Oz.] This Mpox Clade 1b outbreak is Exhibit A, in that regard.

Do take the time to read it all — it draws from lessons we should have learned in both COVID-19, and in the last two Clade 2 mpox outbreaks. Here’s the UK Guardian’s fine piece:

…To sum it up, at day 100, we still don’t have a WHO-approved antigen-based RDT, or true point-of-care tests that can distinguish between mpox clades (ie, which type it is) and be easily used in rural communities. Without tests at the community level, efforts to monitor and contain spread will be impeded. Until then, we must decentralise laboratory testing to districts and strengthen human and infrastructural testing capacity.

There is some hope that treatments used for other diseases could be repurposed for mpox, with clinical trials under way and monoclonal antibody-based drugs being explored. But the reality is that after 100 days, no therapeutic is available for the new variant…. Efforts are being made to address this through the establishment of a therapeutics development coalition – though this will be a long road, with most candidate treatments still in preclinical stages….

Leaders should actively commit to the equitable rollout of pledged vaccines and implementing community-centred public health measures. They should be accelerating access to promising point-of-care tests that identify different mpox strains and speeding up the evaluation of repurposed treatments, while also investing in development for new treatments and committing to expanding and expediting clinical trials for any promising drugs that arise.

Mpox is testing our resolve and our preparedness. Despite progress, the sad reality is that if we had learned and embedded the lessons from previous emergencies, we could have responded faster. This is the second mpox emergency in two years. If we had accelerated research and development in 2022, we might have had many more tools at our disposal now….

We are watching large, fluffy flakes wheel lazily to the still green lawn, here… and wondering… wondering: are these middle/center GOP Senators smart enough to vote down nominations that will doubtless cause hundreds of thousands of avoidable deaths?

We shall see — thinking here about… Oz; thinking about Kennedy; and yes, Hegseth; McMahon and most of all: Gaetz. Sheesh.

नमस्ते

Seeking To Expedite Mr. Giuliani’s [Reluctant] Compliance With Prior Federal Court Orders, Here… Yikes!

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One would literally be hard pressed to make up… a tale of such shocking hubris, from whole cloth, about a former US Attorney, and Mayor of the nation’s largest city. It would be thought… unimaginable, just two decades ago. But we are now in the age of “pals of Tangerine” — people who think the law doesn’t apply… to them.

This letter speaks volumes, about the abuses Rudy is attempting to heap, broadly on the judicial system — and on the individual Georgia women / the parties he has injured, more specifically:

…Preparing those issues for trial by January 16, 2025 — including by having adequate documents in time to address them at Defendant’s deposition — will require Defendant’s prompt compliance with discovery requests. Unfortunately, Mr. Giuliani has already demonstrated his unwillingness to comply with discovery deadlines in No. 24-cv-6563, ignoring the first set of RFPs filed in that case altogether. See No. 24-cv-6563, ECF No. 92.

Meanwhile, in seeking withdrawal from this case, Mr. Giuliani’s would-be outgoing counsel have hinted that Mr. Giuliani’s underlying legal position regarding his discovery obligations is so beyond the pale that it cannot even be said out loud. See ECF No. 126 (Mr. Giuliani’s counsel stating that “when ‘addressing’ discovery disputes, we cannot truthfully and completely state Defendant’s position — to Plaintiffs’ counsel, or on the public record of these actions — without prejudicing Defendant”). In short, there is no reason to believe that discovery in this action will be any different than discovery in No. 24-cv-6563. Even apart from the impending trial date, shortening the default period for Defendant to respond to discovery requests in this action to 14 days will maximize the efficiency with which the Court can address the inevitable issues with Defendant’s productions (or lack thereof) as they arise….

Now you know. Onward, resolutely.

नमस्ते

Meanwhile, As Rudy G. Continues To Defame The Plaintiffs — In DC, They Move Today For Contempt — And A Possibility Of Incarceration — And Fines, For Violations Of The Prior Orders…

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Most of us, long ago, learned — where and when… the “first rule of holes” applies — as here: when you find yourself in one, stop digging.

The former Mayor of New York, now a disbarred former attorney, and bankrupted man — seems not to have ever learned this lesson. This evening, in DC federal court, the two Georgia election workers moved to have him held in contempt, for failing to abide by an agreed federal injunction, against his making statements disparaging of the plaintiffs. And yet, he did so, again, just this week — on radio broadcasts, according to sworn federal court filings just made public. What a… putz:

…Mr. Giuliani is now brazenly violating that Consent Injunction. In two recent broadcasts of his nightly show, Mr. Giuliani claimed — unambiguously referring to Plaintiffs — that “they never let me show the tapes that show them quadruple counting the the the ballots,” that his tapes showed Plaintiffs “passing these little uh little hard drives that we maintain were used to fix the machines right and they say it was candy. Well you look at it looks like a hard drive to me and they told me it was a hard drive and there’s no proof that it was candy,” and that “you can see if you want uh in living color her quadruple counting votes and the people uh thrown out of the Arena.”

These statements repeat the exact same lies for which Mr. Giuliani has already been held liable, and which he agreed to be bound by court order to stop repeating. They constitute unambiguous violations of the Consent Injunction. The Court should hold Mr. Giuliani in civil contempt and — following a hearing, if necessary — impose sanctions calculated to ensure Mr. Giuliani’s compliance with the Consent Injunction….

Prepare to meet “The Kraken“, indeed — Rudy. But this time… it may well haul you… off, into custody, either in Manhattan or the District of Columbia. Sheesh.

नमस्ते

One of My Long Time Favorite Mid-Century Surrealists’ Paintings (One in a Series, of 27)… Just Sold For A Record Sum, At Christie’s, Yesterday…

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The painting, by Magritte — is… vastly famous (as is the artist), to be sure. [And that may in part explain the outsized sale price.] It is but one of 27 L’empire des lumières paintings, by the artist — but aside from the brown bowler hat guy paintings, is likely his most well-known work.

The midday blue sky, with puffy clouds floating above a clearly late night street lamp lit scene, with puddles from an earlier rain. . . is both puzzling, and soothing — in one. Here are the details [and please forgive me for stylizing the painting for this website’s sensibilities — but that also assures that no one will filch it — and frame it. Hah!]

The deets, then:

. . .Though perhaps best known for his surrealist depictions of bowler hat-wearing men, Magritte spent a period of 15 years exploring the fleeting transition from day to night in landscape painting. He produced a total of 17 oil paintings and 10 gouaches (water-based paintings) that all share the name “L’empire des lumières” –– and each with small alternations between versions….

The paradoxical paintings rose in demand, particularly when a large version created in 1954 was featured in the Belgian Pavilion at the Venice Biennale and was sold to famed collector Peggy Guggenheim. Magritte went on to create three similarly large canvases — including the one that sold Tuesday — that same year so as not to disappoint other collectors.

When asked about the comparatively subtle surrealism of the “L’empire des Lumières” works, Sandra Zalman, an art history associate professor at the University of Houston, argued that the lamppost was an early iteration of the iconic bowler-hat man.

“The lamppost’s shadow alludes to the bowler-hatted man, hovering — or haunting — the space that would otherwise be considered a quiet, though eerie, landscape,” she said, in an email…

There you have it — and art like this… (and like… Banksy’s and Monet’s) will forever fire my imagination. I can’t get enough of it. Onward, grinning into the bright sunshine — even as temps plummet.

नमस्ते

Tangential Post | Credit, Where Credit Is… Due: Martin Shkreli At Least Gets An “A” — For Effort, On Speaking To Philistines…

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We have been pretty strident — in our coverage critical of Mr. Shkreli’s crimes and civil antitrust conspiracies. We stand by all of that. But to be fair, he tries from time to time — to rehab his reputation. This week, it is by arguing with Neanderthals, over on X-itter, about the actual bio-science of… human gender. [Not some quasi-biblical misinterpretation of the same.]

Admittedly, it is only on one topic.

But I will give him credit… for at least trying.

Yesterday, into today, he tried to pick a fight with a group of “Flat-Earther” people on X-itter, those who think they understand gender’s bioscience. Or the Bible — or something.

I applaud the effort, Martin — and you are right on the DNA/genome science you offer.

But you are speaking to a social media site increasingly populated by morons and trolls — some beholden to Russian oligarchs, and to Tangerine, of course.

That is by design, under Elon Musk. A feature, not a bug.

So — I wish him well — but it is a waste of… electrons, and breath. Just migrate to Blue sky, or Counter.Social or Mastodon, man.

Word to the wise.

Out.

नमस्ते

Paul’s Right: Tangerine Is Trapped In Putin’s Thrall.

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Mirengoff now finally accepts what we realized in about 2018: Donald Trump is very easily manipulated by the former KGB agent known as Vladimir Putin. [That post requires a sign up in order to view the entire text. Something I will never do.]

The latest evidence of this is that Trump has put out statements opposing Mr. Biden‘s authorization for Ukraine to use our own missiles to strike military targets inside Russia.

This from the guy who says he will solve this war — within days of taking office — perhaps by the end of January 2025. [That statement is a preposterous lie.]

In any event (finally) here is Mr. Mirengoff‘s faint condemnation of Donald Trump, and his simping for Putin:

…For Putin, then, it’s fine for Russia, the aggressor in this war, to use weapons and manpower supplied by its allies — e.g. Iran and North Korea — to kill and terrorize civilians inside of Ukraine. But it’s out-of-bounds for Ukraine to use weapons supplied by its allies against military targets inside of Russia…

It is fascinating, though that Paul only calls Putin “the aggressor” — note the different (far more strident) language he uses to describe Hamas. Yet in many ways, the two are equivalent.

Whatever. I long ago stopped expecting any form of rationality or consistency in the rhetoric — out of those who supported Donald Trump 1.0, and now only offer faint criticism of 2.0.

Onward, resolutely.

Now Hinderaker’s Changing His Tune — On Matt Gaetz.

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In his second post on Matt Gaetz — of the day — here late in the evening on Tuesday, John has decided that “both sider-ism” is the best way to handle this moon at nomination.

Now, instead of calling persistent reports that Gaetz had trafficked underage women for sexual favors “false rumors”, he now Claims that someone had told him that they were false some years ago, and doesn’t come out directly on either side of whether he believes these reports are true, here tonight.

Of course, this gives him a “path through the woods” — with his fellow MAGAts. That is, when it turns out that the House ethics committee has found very credible evidence of Gaetz’ sexual crimes, John will be able to say “well, I guess the people who told me it was untrue before, didn’t really know…”

And of course, if it turns out that the House ethics report exonerates Gaetz, Hinderaker will say “see I told you so!”

As we said — Hinderaker decries all non-MAGA reporters of rumors, but believes he alone is entitled to give credit to the ones that fit his odious world-view.

What a… putz.

This man should never lead any office of even trivial importance — not even the Ft. Pierce, Florida Sanitation District, for example — unless he’s trying to load Aileen Cannon’s tap water with E. coli.

Damn.

Damn.