Category: Uncategorized

[U] True, There Were Several Far Right Entities In This Building…

~ condor ~ 1 Comment

And… I can find no public MSM story of an arson attempt on any office buildings inside Minnesota on January 27 or 28, last Saturday or Sunday. It occurred around 2 AM, according to the author.

But the claim is that several far right entities that share office space were torched last weekend.

Since a false claim of arson is itself a felony, I’m inclined to believe it happened.

I cannot rule out that his “think tank” was among the targeted entities. I disagree with everything he says he stands for (some of it I don’t think he even actually believes, personally) — and I have said so for over two decades, in public, here.

But this is no way to express ANY disagreement. His ideas are losing currency, in modern America. This sort of lawlessness will only aid his claims of “persecution”.

[Updated 02.02.2024 AM — I should note that not even one comment, on my 25 years of blogging our disagreements, has ever suggested even a hint of violence, or the advocation of violence, against him, or any of his causes and entities. The facts… are just the facts: The SPLC had long-labeled Powerline (and its then-authors) as a racial hate group, however — in at least several prior public versions of its listings that I’d reviewed. No idea whether that list is still kept, or whether the boys are still on it. But… now you know. End, update]

This. Is. Deplorable. Full stop.

U N A M E R I C A N.

And I stand ready to assist the ATF and FBI in any way my databases (going back to 2001) might, if that seems useful. He knows how to get in touch.

I do hope the perps are identified (very likely — via security cams?) and brought to justice.

That is all.

Out.

No Surprise. The State’s Appellate Counsel, In Friends of George’s — Just Got Shellacked — At Oral Argument, In The Sixth Circuit This Morning.

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This morning, the State of Tennessee didn’t get one full sentence out, in its oral argument in the Sixth Circuit (to seek reversal of the Friends of George’s complete win, at trial) — before the panel members started offering pointed questions, to let it be known that this strikes it. . . as a First Amendment violative statute. On its face. Game effectively. . . over. [That’s a link — to the mp3 of this morning.]

The claim by Tennessee seems to be that no one has standing, to bring a “pre-enforcement” challenge — dancers and entertainers at George’s club must wait, and be arrested, before the statute can be challenged.

That’s preposterous. A long line of US Supreme Court cases establishes that such a scheme allows any unconstitutional statute to chill and supress speech or expressive artistic conduct, simply via a “credible threat, or a reasonable fear of prosecution”. That will not do. So, a video of expressive conduct that falls inside the supposed statute’s criminal ambit. . . is per force enough to sue upon.

And wisely, Friends of George’s showed some videos of its prior performances, at the club — and under many a Supreme Court case — that alone would have risked prosecution, and thus grants them standing. End of story on First Amendment challenges. The state loses.

Bafflingly, Tennessee citied Fieger, an attorney discipline case, to claim that a dancer must offer proof as conclusive (as an attorney suggesting on a radio broadcast, that appellate court judges ought to be violated anally, in order to show the statute is chilling protected speech or expression), in order to even get past the courthouse door.

Fieger really doesn’t help the state, when the club produced actual videos at trial — and the Fieger court ruled against Fieger at trial, when it heard the radio broadcast’s audio-tape. Moreover, attorneys take certain oaths that limit their out of court criticisms of judges, before whom they are appearing — thus accepting curtailed expressive freedom, so as not to bring the legal profession or the judiciary, into “disrepute”.

So — in sum, wholly UNLIKE a freedom to dance in an adult club, or at a Pride Party / parade. [No drag queen may ever be required to take an oath — and agree to supress expressive freedom.] Here’s a bit from oral argument:

. . .Sixth Circuit Judge: So what was the best case you have that has applied a “no standing” construction from a high court to figure out this court case?

Answer: Fieger. [But Fieger went the other way. Heh.]

[The actual law? See, e.g., FEC v. Akins, 524 U.S. 11, 30 (1998) (Scalia, J., dissenting); Ashwander v. Tenn. Valley Auth., 297 U.S. 288, 347–48 (1936) (Brandeis, J., concurring)]. . . .

Now you know. The anti-drag statute is DOA, still — in Tennessee, on First Amendment grounds. Onward.

नमस्ते

Hey Bezos: Wage Theft… Is A… FELONY. And Despicable, As A Form Of Retaliation, Against People Exercising Their NLRB-Protected Union Organizing Rights.

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In most states in the US (it seems this is true in the State of New York, and… it is definitively true, in Colorado, Illinois and California), any employer who wrongfully withholds wages from any employee willfully… becomes liable for an up to $500 per day fine. If it persists for more than one month, the employer may individually be charged with wage theft (and the employee has six years to prove his/her case) — a felony for which one year of jail is often the ultimate outcome. [Due to this, at my pro bono clinic, we routinely get such cases paid out in full, plus a $500 kicker — and usually within a week or two, for employees who’ve been essentially placed in involuntary servitude.] Mr. Bezos should take note of this Smith case.

Here is that very cogent section of the overall brief (the Smith case facts portion) filed, last week — before the NLRB in Phoenix, on the JFK8 retaliations in full, and a bit:

…However, Mr. Smith’s record of UPT use shows that a staggering 56 hours of UPT were inexplicably deducted from his UPT bank. This significant discrepancy, taken in conjunction with Mr. Smith’s repeated complaints to HR and management about mysterious manipulations of his UPT balance, should have placed the burden for the Employer to prove how Mr. Smith could have a negative UPT balance that warranted his termination. The ALJ failed to adequately factor the discrepancies in the records into her decision, nor consider that one manifestation of anti-union animus was to manipulate their records to establish a basis for Mr. Smith’s discharge. . . .

[Mr. Gomez] had no idea whether the person before him called DYY6 to inquire about the panorama case, only to be told it was closing and not to worry about it, or even revealing the rush by DYY6 to have Mr. Smith fired to prevent his transfer to JFK8….

[Many] employers argue that knowledge of protected activities or anti-union animus cannot be imputed to decision makers who implement decisions to discharge, because they were not aware of the protected activity engaged in. Case law does not support that argument….

…[In an earlier case, called Sunbelt, the employer’s] argument lacks merit because there is no rule that requires the Director to prove directly that the ultimate decision maker acted with anti-union animus. Instead, it is well-established that anti-union animus may be inferred from circumstantial or direct evidence. See Challenge Mfg. Co. v. NLRB, 815 F. App’x 33, 40 (6th Cir. 2020); Charter Communs., Inc. v. NLRB, 939 F.3d 798, 815 (6th Cir. 2019); FiveCAP, Inc. v. NLRB, 294 F.3d 768, 778 (6th Cir. 2002); W.F. Bolin Co. v. NLRB, 70 F.3d 863, 871 (6th Cir. 1995); AutoNation, Inc. v. NLRB, 801 F.3d 767, 775 (7th Cir. 2015); Big Ridge, Inc. v. NLRB, 808 F.3d 705, 714 (7th Cir. 2015); Loparex, LLC v. NLRB, 591 F.3d 540, 546 (7th Cir. 2009); NLRB v. Louis A. Weiss Mem’l Hosp., 172 F.3d 432, 442 (7th Cir. 1999). “‘Circumstantial evidence inviting an inference of animus includes, among other examples, ‘the company’s expressed hostility towards unionization combined with knowledge of the employees’ union [*4] activities’ and ‘proximity in time between the employees’ union activities and their discharge.'” Charter Communs, Inc., 939 F.3d at 815 (internal citations omitted). Additionally, “[i]n cases involving employers that are corporations [], one must look to the employer’s agents (the managers and supervisors) — whose actions can be imputed to the employer — to find the motivations for their actions.” Louis A. Weiss Mem’l Hosp., 172 F.3d at 442….

Amazon’s creation of a false Negative UPT record for Mr. Smith to be picked up by the HRRC, to implement his termination is a classic “cat’s-paw” case used in discrimination law. In such cases the person tasked to sign off on the final decision may not have discriminatory or retaliatory animus, but causing another person to implement the discriminatory action on their behalf taints the final decision with animus….

Now you know. This Bezos guy… geez. What a tool. A very rich, feckless… tool, at that.

नमस्ते

Merck Beats At Top- And Bottom- Lines (Up, In Pre-Market)… Will Discuss AMZN Later Today…

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And. . . until we get back, consider this (other duties call). Merck has posted a very good Q4 2023 report — and because so many others are covering it — we will leave it at that. Except to say that we predicted it on November 24, 2023. Pretty early as such guesses go. [MRK was at about $100/share on the NYSE then; now? $125/share, this morning. So — up ~25% in three months. Grin.]

Anyhoo, with Amazon due to report its latest quarterly results tonight (and likely to post bottom line beats as well), we thought we’d offer the “long form” of what all the company bends Congress’s ear about — spending $4.46 million in Q4 alone (more than many pharma concerns spend in a year!) — and over $17 million for the full year.

Here is the Amazon rundown — from Q4 2023 (predicted Q4 financial disclosures for tonight appear at the top, however, here). And, since we’ve had a repeated series of “interesting” visits from the company in the last few days, and in swarm fashion, to boot — we will post again in the next day or so, on Bezos’ behemoth. Here you go:

. . .According to market analysts, Amazon [the e-commerce company] is expected to collect $166 billion in revenue in the fourth quarter, increasing a 11.4% from the same period the year before when its net sales mounted at $ 149.2 billion. The company’s earnings per share are anticipated to arrive at $0.81 compared to the $0.03 apiece recorded during the corresponding quarter a year before, promising tremendous growth. . . .

[Lobbying on] Issues related to broadband access and affordability, satellite communications, space safety, spectrum, device accessibility, Section 230 reform, content moderation, and online video, including the ORBITS Act of 2023 (S. 447), the Satellite and Telecommunications Streamlining Act (H.R. 1338) and implementation of the Infrastructure Investment and Jobs Act (P.L. 117-58). . . .

Issues related to health information technology, 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), and the Primary Care Enhancement Act (H.R. 3029); and issues related to pharmacy, including the Prescription Information Modernization Act (H.R. 1503) and the Better Mental Health Care, Lower-Cost Drugs, and Extenders Act (S. 3430); and issues related to Fiscal Year 2024 appropriations bills. . . .

Issues related to intellectual property, including copyright reform and online infringement, counterfeits, including the SHOP Safe Act (S. 3934), music licensing, patent reform, Copyright Office modernization, issues related to the Digital Millennium Copyright Act, and issues related to intermediary liability. . . .

Issues related to taxes, including renewable energy tax credits, digital goods and services, international and corporate taxation, the American Innovation and Jobs Act (S. 866), the American Innovation and R&D Competitiveness Act (H.R. 2673), Tax Cuts for Working Families Act (H.R. 3936), the Small Business Jobs Act (H.R. 3937), the Build it in America Act (H.R. 3938), and implementation of the Tax Cut and Jobs Act (Public Law 115-97). . . .

Issues related to data protection, encryption, data retention, data breach notification, data security, facial recognition technology, cross border data flows, privacy, law enforcement access, fraud prevention, price gouging, false claims, product safety related to the sale of counterfeit and/or stolen products, including the Combating Organized Retail Crime Act (H.R. 895 / S. 140), and cloud computing, including the American Data Privacy and Protection Act (H.R. 8152). . . .

Issues related to cybersecurity, including critical infrastructure protection, payments security, cloud security, authentication, government procurement, cybersecurity incident reporting, and artificial intelligence, including implementation of the National Defense Authorization Act for Fiscal Year 2024 (P.L. 118-31). . . .

Issues related to postal rates, service performance, the Financial Services and General Government Appropriations Act, 2024 (H.R. 4664 / S. 2309), implementation of the Postal Service Reform Act of 2022 (Public Law 117-108), and the transportation of hazardous materials. . . .

Issues related to cybersecurity, cloud security, IT modernization, and government procurement, including implementation of the National Defense Authorization Act for Fiscal Year 2024 (P.L. 118-31), the Strengthening Agency Management and Oversight of Software Assets Act (H.R. 1695 / S. 931), and the Multi-Cloud Innovation and Advancement Act of 2023 (S. 2871). . . .

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, the DREAM Act (S. 365), the EAGLE Act (S. 3291), the Afghan Adjustment Act (H.R. 4627 / S. 2327), and Deferred Action for Childhood Arrivals (DACA). . . .

Issues related to US trade policy, including USMCA, the World Trade Organization, the World Customs Organization, China, country of origin labeling, US customs policy and procedures, US tariffs, foreign direct investment, issues related to domestic semiconductor manufacturing and research, export controls, sanctions, and supply chain, and other trade practices, including in the EU, Asia, and Latin America, and the COOL Online Act (H.R. 217). . . .

Issues related to the technology, procurement, and space provisions of the National Defense Authorization Act for Fiscal Year 2024 (P.L. 118-31), and the Department of Defense Appropriations Act (H.R. 4365). . . .

Issues related to IT system improvements and cloud computing, including issues related to implementation of the National Defense Authorization Act for Fiscal Year 2024 (P.L. 118-31), the Intelligence Authorization Act for Fiscal Year 2024 (S. 2103), and implementation of the FY 2023 Consolidated Appropriations Act (P.L. 117-328). . . .

Issues related to drones and air cargo, including the Transportation, Housing and Urban Development, and Related Agencies Act, 2024 (S. 2437 / H.R. 4820) and FAA reauthorization legislation, including the Securing Growth and Robust Leadership in American Aviation Act (H.R. 3935), and the Federal Aviation Administration Reauthorization Act of 2023 (S. 1939). . . .

Issues related to payment processing, corporate governance, debit reforms, financial innovation and technology, lending, gift cards, money transmission licensing, fraud prevention, payment authentication, data security, the CFPB larger participant rule, the CFPB open banking rule, the Credit Card Competition Act (H.R. 3881 / S. 1838), the Financial Services and General Government Appropriations Act, 2024 (H.R. 4664 / S. 2309), and financial inclusion. . . .

Issues related to surface transportation, including autonomous vehicles, alternative fuel vehicles, community infrastructure investments, electric vehicle charging infrastructure, e-bikes, hazardous materials, port congestion, U.S. internal supply chain and goods movement, and maritime transportation; issues related to infrastructure, including implementation of the Infrastructure Investment and Jobs Act (P.L. 117-58). . . .

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

Issues related to implementation of the National Defense Authorization Act for Fiscal Year 2024 (P.L. 118-31), e-commerce opportunities for small businesses, and government procurement. . . .

Issues related to veterans hiring and training, employee compensation and benefits, workplace safety, competition, and minimum wage, including the AMERICA Act (S. 1073), 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 STEM education, computer science education, and job training in the CHIPS and Science Act of 2022 (P.L. 117-167), and implementation of the National Defense Authorization Act for Fiscal Year 2024 (P.L. 118-31). . . .

Issues related to IT modernization, cybersecurity, FedRAMP, open data, and government procurement, including the Transportation, Housing and Urban Development, Agriculture, Rural Development, Energy and Water Development, Financial Services and General Government, Interior, Environment, Military Construction, and Veterans Affairs Appropriations Act, 2023 (H.R. 8294), implementation of the National Defense Authorization Act for Fiscal Year 2024 (P.L. 118-31), implementation of the Foundations for Evidence-Based Policymaking Act of 2018 (Public Law 115-435), the FY 2024 Consolidated Appropriations Act (draft bill – no numbers), the Strengthening Agency Management and Oversight of Software Assets Act (H.R. 1695 / S. 931), implementation of the Federal Information Security Management Act (Public Law 107-347), and the Multi-Cloud Innovation and Advancement Act of 2023 (H.R. 4891 / S. 2871)Issues related to IT modernization, cloud computing, and IP in general appropriations and the federal budget, including the FY 2024 Consolidated Appropriations Act (draft bill – no numbers). . . . .

Issues related to the Equality Act (H.R. 5 / S. 393), the Justice in Policing Act (draft bill – no number), and cannabis reform, including the States Reform Act (H.R. 5977) and the Cannabis Administration & Opportunity Act (S. 4591). . . .

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), and low-carbon R&D. Issues related to energy and environmental provisions in the Infrastructure and Jobs Investment Act (P.L. 117-58). . . .

All whilst grinning — with a friendly wave to all current and former Amazonians out there in the US, Germany, Singapore and the Philippines as well. Hey you — keep up the good union fight. We will have the briefs on the JFK8 NLRB cases, shortly here. Do stay tuned.

Oh — and we may discuss Mr. Musk’s loss of his $55 billion pay package in federal court, as well. Out.

नमस्ते

In Which Mirengoff Offers The “Kill ‘Em All — And Let God Sort ‘Em Out…” Rationalization. Damn.

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This morning, “Old Whyte Paul” is so ready to draw blood — anyone’s blood, in the Middle East, it seems — so long as they aren’t… Jews… he advocates by analogy.

He recites a 1950s MLB story, of a Black pitcher named Joe Black(!) on the old Brooklyn Dodgers. The pitcher caused nine consecutive (whyte) Cincinnati Reds’ batters to dive into the dirt — by throwing in the vicinity of their pointy… cabesas.

He did this, because the Reds’ dugout was taunting him — with a antebellum ditty called “Old Black Joe” — sung by most of the bench, during warmups [my YouTube link features Paul Robeson singing it, and omitting the racist references — to clean up the sordid minstrel (Stephen Foster’s) rendition of it].

I fully agree that those racists deserved to get their uniforms… dirty — being forced, to dive into the dirt, to avoid being beaned, outright.

But Paul… offers this as a justification… for killing indiscriminately, in retaliation, as a result of the Jordan drone strike that took out  three US soldiers over the weekend (all of them Black, and two… female reservists).

Yeh. That is simply… self-refuting. “Let God sort ’em out“… is a very stupid remote theater of war tactic. Especially so here.

Sit down Paul. Your ass — your racist, bigoted and jingoistic nature… is showing.

That’s no way to protect Israel — or the US troops over there.

Shut it, son.

Another Re-Posting: 2016 — Side Effect Profiles… French Study Correlates Melanoma Benefit From Keytruda® — With Onset Of Vitiligo

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[Dateline — July 2, 2016] I just ran across an interesting study outcome in JAMA (summarized here). And to be clear, images of the two smart, vivacious and lovely young women at right appear not in any way to define them by their skin, but more to celebrate them, and reaffirm that this study finding is absolutely nothing to be afraid of. [Of course — it should be obvious that neither model takes or endorses Keytruda®, nor does either have any form of cancer.]

As I read on, I learned that other topical conditions, including the more troublesome eczema, seem to be associated with melanoma patients receiving pembrolizumab — and, for that matter, BMS’s Opdivo®, as well — as an alternative therapy. I guess I mention it all here, primarily to say that if (as now seems clear), these two agents convey a significant survival benefit in end stage melanoma patients, the side effect of vitiligo, or eczema even, is likely a trade-off most would be willing to accept.

I do also want to keep a record of interesting findings, related to immuno-oncology, since that is Kenilworth’s power-alley at the moment. Here’s just a bit:

….The onset of vitiligo may be associated with clinical benefit in patients with metastatic melanoma who were treated with Keytruda, according to study results recently published in JAMA Dermatology.

Researchers in France conducted a prospective study of patients with metastatic melanoma from Jan. 1, 2012 to Sept. 24, 2013, at the Cancer Campus of Gustave Roussy Institute. The patients had confirmed diagnosis of unresectable stage III or IV melanoma and had received Keytruda (pembrolizumab, Merck) according to a phase 1 protocol. Data were collected and analyzed.

Objective tumor response regarding the occurrence of vitiligo in patients receiving treatment of pembrolizumab was the primary outcome. Kaplan-Meier product-limit method was used to estimate the correlation between vitiligo occurrence and overall survival.

Seventeen patients (25%) developed vitiligo during pembrolizumab treatment. A higher occurrence of vitiligo was associated with an objective (complete or partial) response to treatment (12 of 17 patients vs. 14 of 50 patients; P = .002). The median time to onset of vitiligo was 126 days from start of treatment….

We will keep you informed, as these longitudinal studies progress. [And Gosh, are they gorgeous.] Onward — to see new city flats, and ride the mountain bike… smiling ear to ear, now.

नमस्ते

In 2023, Merck Spent Just Over $10 Million — Lobbying US Congress And Various Agencies…

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I’ve decided against “polluting this data” with Amazon’s annual spend, as only a small part of it goes to health or life science related issues. In a future post, I will just indicate how it dwarfs even Pfizer’s annual spending on lobby-efforts in DC.

So — to close out the series: Merck had to spend more than it has, in prior cycles, this year, in no small part due to the black eye it foolishly chose to give itself, by deciding to sue (collectively) its biggest customer base — the United States federal government.

The company has capitulated, and come to the price talks table, voluntarily — likely to let the suit die a quiet, settled death here in 2024. [In Q4 2023, Merck dropped spending to only $1.94 million, as the company had by then agreed to sit down with CMS and HHS and discuss pricing on Januvia, as the federal law now requires… so it spent less “trying to rearrange the deckchairs on Titanic“, thereafter.]

We shall see how that plays out — but in the main, it is lobbying on many of the same issues the other majors are jaw-boning about. Here’s the run-down (but the below doesn’t include ALL the issues that Rahway uses outside firms to press advocacy about — these are the ones its own internal staff lobbyists advance most directly):

…H.R. 3, (117th Cong.) Elijah E. Cummings Lower Drug Costs Now Act; H.R. 19, (117th Cong.) Lower Costs, More Cures Act of 2021; H.R. 830, Help Ensure Lower Patient (HELP) Copays Act; H.R. 1503/S. 2916, Prescription Information Modernization Act of 2023; H.R. 1550, (117th Cong.) PREVENT HPV Cancers Act of 2021; H.R. 2679, Pharmacy Benefits Manager Accountability Act; H.R. 2691, Transparent Prices Required to Inform Consumer and Employers (Transparent PRICE) Act; H.R. 2816, Pharmacy Benefit Manager Sunshine and Accountability Act; H.R. 2880, Protecting Patients Against PBM Abuses Act; H.R. 2940/S. 1355, Pioneering Antimicrobial Subscriptions To End Upsurging Resistance Act (PASTEUR) Act of 2023; H.R. 3290, To amend title III of the Public Health Service Act to ensure transparency and oversight of the 340B drug discount program; H.R. 3285, Fairness for Patient Medications Act; H.R. 4368/S. 2131, Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2024; H.R. 4895, Lowering Drug Costs for American Families Act; H.R. 5376/S. 2474, Share the Savings with Seniors Act; H.R. 6283, Delinking Revenue from Unfair Gouging (DRUG) Act; S. 150, Affordable Prescriptions for Patients Act of 2023; S. 1339, Pharmacy Benefit Manager Reform Act; S. 1895 (116th Congress) Lower Health Care Costs Act; S. 2333, Pandemic and All-Hazards Preparedness and Response Act; S. 2543 (116th Congress) Prescription Drug Pricing Reduction Act of 2019….

Issues relating to: 340B program integrity; 340B of the Public Health Services Act; 340B issues; 340B drug pricing program; Drug pricing; Drug pricing and reimbursement issues; Anti-microbial Resistance; Cost and value of medicines; Respiratory Syncytial Virus (RSV) immunization; Vaccines catch up; Vaccines issues; Package inserts, labeling issues, and E-Labeling authorization legislation; Pharmaceutical Supply Channel issues; Drug shortage issues; Inflation Reduction Act (P.L. 117-169), issues relating to drug pricing provisions; Issues related to the Patent and Trademark Law Amendments Act (PL 96-517); FY-2023 Budget and Appropriations Legislation; Intellectual property protection and trade issues; WTO Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement; WTO IP Waiver for COVID therapeutics; Animal Health; Animal Health Technology Issues; Animal Health Policy Issues: ADUFA & Funding for Electronic Animal Traceability; One Health Issues; General pharmaceutical issues; Farm Bill 2023; Vaccine Injury Compensation Program (VICP); Diversity in clinical trials; Accelerated approval reform; Pharmacy Benefit Manager (PBM) policy issues; Pharmacy Benefit Manager reforms….

H.R. 1613, Drug Price Transparency in Medicaid Act of 2023; H.R. 2666, Medicaid VBPs for Patients (MVP) Act; H.R. 5376, (117th Cong.) Build Back Better Act; S. 476 (116th Congress) Creating Transparency to Have Drug Rebates Unlocked (C-THRU) Act of 2019….

Issues relating to: Medicare; Medicare Part B and D drug pricing issues; 340B program integrity; 340B of the Public Health Services Act; 340B drug pricing program; Drug pricing; Drug pricing and reimbursement issues; FY-2023 Budget and Appropriations Legislation; Medicaid drug rebate program; Medicaid – Centers for Medicare & Medicaid Services notice of proposed rulemaking: “Misclassification of Drugs, Program Administration and Program Integrity Updates Under the Medicaid Drug Rebate Program”….

Issues relating to: Tax reform and tax policy, generally; Tax Cuts and Jobs Act of 2017 (P.L. 115-97); Inflation Reduction Act (P.L. 117-169), provisions relating to budget reconciliation and taxes….

Now you know.

And, onward… excited for even a short visit with my eldest, before she heads back across the pond… smile.

नमस्ते

Since April of 2018, Barclays Has Moved Merck Up — From $64, To $135…

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And during that nearly six year span, the bank has kept larger competitor Pfizer at “equal weight” — but listed Merck as an “overweight” (the modern version of “buy”) rating.

Clearly, the firm thinks (even after doubling) Merck has more clear sailing ahead — since we are sitting on ~$120 a share, in the NYSE pre-market this morning.

…Merck now expects its full-year non-GAAP EPS to be between $1.33 and $1.38, including a negative impact of foreign exchange of approximately 6 percentage points, at mid-October 2023 exchange rates….

To be fair, there are some wild-eyed guesses out there, that seem too rosy on Merck — as $228 seems too high to be probable in the next year (in my model), but in the main I agree it has room to run.

So… now we wait for the actual full year 2023 SEC disclosures this week. Smiling widely, as my girl blows into town late Thursday night… then back to London.

नमस्ते

Sure — It’s A First Straw Poll, In Fort Lupton — But She Finished… Fifth (~10%). Damn.

~ condor ~ Leave a comment

As I said on New Year’s Day… “Personally, I think she may lose even out East — as her personality is so toxic, to most decent farmers and ranchers. We shall see….”

Welp. We are… seeing. Her new district seems “on” — to her schtick.

And even though the Fourth District tends to be purple to red, as much of it lies in agricultural or cattle ranch land… Coloradans are to a person, fiercely independent — and as a rule, very solidly-behind good, clean, no graft government. And she is the opposite of all that.

As a Tangerine mini-me, she’s “been weighed, measured… and found… wanting“. No matter where inside the Centennial State she next launches.

Couldn’t happen to a nicer… troll. Yes, a first poll, but likely the way most see her.

H I L A R I O U S.

Out.

Re-Upping My November 24, 2023 Post — On How Merck May Be Guiding Too Low… With Year End Results Due This Week.

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As we finish the annual “day after” dim sum feast on Cermak…. I’ll take this moment to note that by December 31, 2023, Rahway will undoubtedly be able to truthfully say it sells the world’s most lucrative single therapeutic agent, vastly eclipsing Humira — at over $23 billion a year. [We should note, of course, that since the below projections come from a company known to Wall Street as a public company for nearly as long as there have been US public companies — the executives likely shade the guidance to be a little conservative… understanding that “missing” by being overly optimistic will be harshly punishing to the stock price, while missing on the low side simply causes a bump up on the NYSE. In sum, Merck’s management is unlikely to be too far out over its skis — all as Elon Musk so often is, as a mere baby in public company land. A big baby, but still… a baby.] So, Rahway’s year end might be slightly better than the below, when the dust settles.

True, it will have expensed the $5.5 billion, previously disclosed, on the Daiichi Sankyo deal — and about $100 million on the Caraway M&A deal in the quarter, but no one will even notice, given the hoards of cash being trucked in on pembrolizumab, thus (from the Q3 2023 guidance):

…Merck now expects its full-year non-GAAP EPS to be between $1.33 and $1.38, including a negative impact of foreign exchange of approximately 6 percentage points, at mid-October 2023 exchange rates. This revised non-GAAP EPS range reflects the following, which were not previously included in the outlook:

Additional strength in the business of approximately $0.15 per share.

A pretax charge of $5.5 billion, or $1.70 per share, for the collaboration agreement with Daiichi Sankyo.

Estimated expense in the fourth quarter of 2023 of approximately $0.04 per share to advance the ADC assets and finance the transaction with Daiichi Sankyo.

A 1%, or approximately $0.05 per share, incremental negative impact of foreign exchange.

The non-GAAP EPS range excludes acquisition- and divestiture-related costs, costs related to restructuring programs, income and losses from investments in equity securities, and a previously disclosed charge related to settlements with certain plaintiffs in the Zetia antitrust litigation….

Now you know — do go enjoy the piping hot green tea by the kettle, and the flat noodles, with steamed barbequed pork buns and curry chicken stuffed turnover pastries!

नमस्ते