Texas Hiring Two Law Firms for Google Probe Team

“The Texas attorney general’s office has named The Lanier Law Firm and the law firm Keller Lenkner to the litigation team that would face off against Alphabet’s Google in an expected antitrust lawsuit, the office said on Tuesday,” reports Diane Bartz in Reuters’ Technology News.

“Texas, backed by other states, has long been expected to follow the Justice Department’s lawsuit against Google but unrelated allegations against Attorney General Ken Paxton of bribery and abuse of office led to the departure of several lawyers who were key to the Google investigation.”

“With the new hires, the Texas lawsuit could come as early as this month, according to a source familiar with the office’s planning.”

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General Electric Agrees to Pay $200M Fine for Misleading Investors

“The Securities and Exchange Commission announced Wednesday that General Electric Co. … has agreed to pay a $200 million penalty to settle charges for misleading investors regarding the profitability and risks to some of its core business lines, the agency said.” reports Chris Matthews in MarketWatch’s Economy & Politics.

“The order found that the company misled investors in 2016 and 2017 about the source of profitability in its GE Power business, and failed to inform investors of risks relating to its portfolio of long-term health insurance liabilities between 2015 and 2017.”

“General Electric stock fell 75.7% from the beginning of 2016 through the end of 2018, according to FactSet.”

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Facebook Should be Broken up, FTC and States Allege in Pair of Lawsuits

“Facebook’s purchases of photo service Instagram and messaging app WhatsApp have helped fuel the social media giant’s massive growth. They’ve also prompted concerns from federal and state authorities about Facebook’s dominance in social networking,” reports Queenie Wong in CNET Daily News.

“The uneasiness with Facebook’s power bubbled over on Wednesday as the Federal Trade Commission and 48 attorneys general filed separate lawsuits in federal court accusing Facebook of illegally stifling its competition by snapping up its rivals.”

“The lawsuits are the latest sign that lawmakers and regulators are ratcheting up their scrutiny of the power that tech giants wield. In addition to Wednesday’s actions, the US Department of Justice’s antitrust division has been talking to developers about their interactions with Oculus, the virtual reality headset maker Facebook owns, Bloomberg reported last week. In October, the Justice Department filed a landmark lawsuit against Google for allegedly holding monopolies in both search and search advertising.”

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Veteran, Young Lawyers Win $20M Jury Verdict in Unique Case Tried Amid Pandemic

“Despite their collective years of practice, a recent case tried by four plaintiff lawyers was in some ways a unique experience,” reports Olivia Convington in The Indiana Lawyer.

“Of course there was the ongoing COVID-19 pandemic that lawyers Louis “Buddy” Yosha, Rich Cook, Bryan Tisch and Brandon Yosha had to contend with during their trial in Marion Superior Court. There was also the fact that at the time the case of Simmons v. Indianapolis Power & Light Co. went to trial, Brandon Yosha had only been a licensed lawyer for five weeks.”

“Plus, in the world of personal injury cases, trials aren’t nearly as common as they used to be. What’s more, this trial lasted two full weeks — also uncommon in personal injury law.”

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Hyundai, Kia Agree to $210M U.S. Auto Safety Civil Penalty

“Hyundai Motor Co and Kia Motors’ U.S. units on Friday agreed to a record $210 million civil penalty after U.S. auto safety regulators said they failed to recall 1.6 million vehicles for engine issues in a timely fashion,” reports David Shepardson in Reuters’ Autos.

“Hyundai agreed to a total civil penalty of $140 million, including an upfront payment of $54 million, an obligation to spend $40 million on safety performance measures, and an additional $46 million deferred penalty if it does not meet requirements.”

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Judge’s Threat to Add Lawyer to Pro Bono List Could be Seen as Punitive, 6th Circuit Says

“A federal appeals court has concluded that a federal judge’s comments about a lawyer for a bias plaintiff were ‘within the bounds of what imperfect men and women, even after having been confirmed as federal judges, sometimes display,'” reports Debra Cassens Weiss in ABA Journal’s News.

“The 6th U.S. Circuit Court of Appeals at Cincinnati ruled that U.S. District Judge Bernard Friedman of the Eastern District of Michigan was not required to recuse himself before tossing the discrimination case against General Motors. But his threat to place the lawyer on a pro bono list ‘could easily be seen as punitive,’ the court said.”

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Amazon Sues Two Influencers for Peddling Counterfeit Goods on Instagram and Tiktok

“Two influencers allegedly teamed up with nearly a dozen third-party sellers to advertise, promote and facilitate the sale of counterfeit luxury goods on Amazon, according to a lawsuit the company filed Thursday,” reports Annie Palmer in CNBC’s Tech.

“Amazon accused Kelly Fitzpatrick and Sabrina Kelly-Krejci of using Instagram, Facebook and TikTok accounts, as well as their personal websites, to promote counterfeit products being sold on Amazon. The suit, which was filed in U.S. District Court for the Western District of Washington, also names 11 individuals and businesses based in the U.S. and China that allegedly listed the counterfeit products on Amazon.”

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Sterling Brown Agrees to $750K Settlement with City of Milwaukee

“Milwaukee Bucks guard Sterling Brown has agreed to a $750,000 settlement with the city of Milwaukee, nearly three years after he was tased by an officer during a run-in with police over a parking violation, court documents show,” report Justin Carissimo and Victoria Albert in CBS News.

“The settlement will also require the city to admit that Brown’s constitutional rights were violated and to commit to implementing changes to the police department. Brown on Friday signed the settlement agreement, which still needs the city council’s approval. City Attorney Tearman Spencer recommended the settlement on Wednesday.”

“On January 26, 2018, a police officer approached Brown after he illegally parked across two handicap spots, officials said. Several officers arrived at the scene and a struggle ensued. Video of the arrest showed officers taking Brown to the ground and shocking him with a Taser.”

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Zoom Reaches Settlement with FTC Over Misleading Security Practices

“The Federal Trade Commission reached a settlement with Zoom to resolve allegations that the company engaged in misleading security practices. The use of the videoconferencing platform skyrocketed during the pandemic, particularly in the healthcare and education sectors, which spotlighted its security risks,” reports Jessica Davis in Health IT Security’s Cybersecurity News.

“The settlement requires Zoom to establish and implement a comprehensive security program and prohibits the vendor from misrepresenting its privacy and security, as well as other ‘detailed and specific relief to protect its user base.'”

“The Commission’s complaint alleges that Zoom made misrepresentations regarding the strength of its security features and implemented a software update that circumvented a browser security feature,” according to the FTC majority statement. “The proposed order provides immediate and important relief to consumers, addressing this conduct.”

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Swiss Bank Julius Baer Agrees to Pay $79M Settlement for Role In FIFA Corruption Scandal

“A Swiss bank implicated in FIFA corruption investigations said Monday it has agreed to a settlement in principle with the US Department of Justice and set aside $79.7 million to pay expected fines,” reports The Associated Press in First Posts’ Sports.

“Zurich-based Julius Baer said the agreement sees the bank ‘entering into a three-year deferred prosecution agreement’ and financial settlement to be charged against its accounts for 2020.”

The bank has cooperated with American authorities since 2015, when a sprawling investigation of corruption in international football was unsealed.”

“In 2017, a former banker with Julius Baer pleaded guilty in federal court in New York for his part in managing accounts that laundered bribes for South American football officials. They included Julio Grondona, who was FIFA’s former senior vice president and finance committee chairman when he died in 2014.”

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Terminix $60M Settlement for Illegal Business Practices Targeting Alabama Customers

“Alabama Attorney General Steve Marshall announced on Thursday a historic $60 million state settlement with Terminix International in response to the company’s alleged illegal business practices targeting Alabama consumers,” reports Fox10 News.

“Officials say a statewide fund for consumer relief will be created to address Alabama consumer damages due to Terminix’s actions.”

“An investigation by the Alabama Attorney General’s office and the Alabama Department of Agriculture and Industries revealed that Terminix engaged in a pattern of collecting annual termite protection premiums from Alabama consumers, but failed to deliver or provide the termite protection services promised in the contracts consumers had with Terminix. As a result, many homes and businesses suffered termite infestation.”

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Begley Awarded $1.8M in Settlement

Assistant Chief Mark Begley was awarded a $1.84 million lawsuit settlement against the County of Kaua‘i and Kaua‘i Police Department, reports Jason Blasco in The Garden Island.

“Begley was put on paid administrative leave in March 2012 when he filed a stress-based worker’s compensation claim, citing a hostile work environment. He was reinstated in June 2019.”

“In 2016, Begley initiated a federal lawsuit against the county, KPD and several senior officers, claiming that the now-retired KPD Chief Darryl Perry and his successor, former Acting Chief Michael Contrades, harassed and retaliated against him for reporting allegations that another assistant chief acted inappropriately toward a subordinate female officer.”

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Johnson & Johnson’s $2B Talc Verdict Stands

“Johnson & Johnson has been defending against claims its talc-based powders cause cancers for years, and, with a new ruling against the drugmaker in Missouri, it’s preparing to challenge a massive verdict at the U.S. Supreme Court,” reports Eric Sagonowsky in Fierce Pharma.

“After a Missouri appeals court this summer lowered a 2018 talc verdict against the drugmaker to $2.11 billion, J&J pledged to appeal to the state’s Supreme Court. That court has now refused to take up the appeal—and J&J says it’ll take its case higher.”

“But it’s far from certain to get a hearing at the U.S. Supreme Court, either. Of the 7,000 cases it’s asked to review each year, the high court takes up 100 to 150 of them, according to U.S. government figures.”

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Settlement in Deadly Sinking of Scandies Rose Crab Boat Calls for More Than $9M Payout

“The owners of the Scandies Rose have reached a settlement of more than $9 million with two surviving crew and the families of four men who died when the Washington-managed crab boat went down Dec. 31 off Alaska,” reports Hal Bernton in The Seattle Times.

“The agreement was confirmed by Michael Barcott, an attorney representing the Washington and Alaska owners, who said the settlement will be funded by insurance.”

“The agreement will be subject to review in state Superior Court, and how the money will be divided up among survivors and families of the deceased is under discussion, according to Markham.”

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APPLEVirnetX Takes $503M Bite Out of Apple for Patent Infringement

“… a jury in Tyler, Texas, ordered Apple to pay $502.8 million in royalties for infringing on VirnetX’s patented virtual private network (VPN),” was posted on PYMNTS.com’s Apple.

“The original lawsuit, filed Aug. 11, 2010, alleged that Apple’s FaceTime and VPN On Demand features were using its patented technology. Over the years, VirnetX won various monetary awards, all of which were appealed by Apple, the report stated.”

“Initially, Nevada-based VirnetX was asking for about $700 million in royalties. Apple, however, was looking to pay no more than $113 million, the report stated.”

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Justice, Morrisey Announce Multi-Million-Dollar Settlement in Asphalt Lawsuit

“A lawsuit accusing several paving companies of anti-competitive practices and price gouging is over, with state officials announcing Friday a $101.35 million settlement,” reports in Steven Allen Adams in The Intelligencer.

“West Virginia Paving Inc., Kelly Paving Inc., American Asphalt and Aggregate Inc., and eight associated companies agreed to pay that amount to the state in a settlement of an anti-trust case brought by Attorney General Patrick Morrisey and six local governments, in Parkersburg.”

“The lawsuit, filed on Jan. 11, 2017, accused CRH PLC – based in Ireland and the parent company for several asphalt and paving companies doing business in West Virginia – of creating a monopoly on paving and asphalt supplies, driving up the cost of projects and materials at the expense of state taxpayers.”

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Bed Bath & Beyond, Inc., to Pay $1.49M in Settlement of Environmental Violations

“Contra Costa County District Attorney Diana Becton announces a $1,498,750 settlement against New Jersey-based Bed Bath & Beyond, Inc. (‘Bed Bath & Beyond’) as part of a settlement of a civil environmental prosecution,” was posted in East County Today’s California.

“The judgment is the culmination of a civil enforcement lawsuit filed last month in Ventura County Superior Court claiming that more than 200 Bed Bath & Beyond stores throughout the state (including Cost Plus, buybuy BABY, Harmon, Harmon Face Values, World Market, and Cost Plus World Market stores) unlawfully handled, transported and disposed of batteries, electronic devices, ignitable liquids, aerosol products, cleaning agents, and other flammable, reactive, toxic, and corrosive materials, at local landfills that were not permitted to receive those wastes.”

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Anthem to Pay $594M Share in Pending Blues Plan Antitrust Settlement

“Anthem is paying a substantial portion of Blues plans’ tentative antitrust settlement, which is estimated to be nearly $3 billion, executives said on a call with investors on Wednesday morning,” reports Paige Minemyer in Fierce Healthcare’s Payer.

“Anthem has penciled in $594 million for its contribution to the $2.7 billion settlement. The Blue Cross and Blue Shield Association reportedly agreed to the settlement in a lengthy class action suit late last month.”

“Anthem chief financial officer John Gallina called the settlement ‘pending’ during the earnings call, and said having a deal in the works ‘removes an uncertainty’ for the business around the ongoing litigation.”

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FCC Fines Company $37.5M For Spoofing Calls

“On Tuesday the Federal Communications Commission (FCC) announced that it fined Affordable Enterprises of Arizona $37.5 million for making at least 2.3 million illegal spoofed telemarketing calls in a 14-month period starting in 2016 in violation of the Truth in Caller ID Act,” reports Kirsten Errick in Law Street Media’s Tech News.

“According to the FCC, the company either used unassigned phone numbers or phone numbers that in most cases ‘belonged to innocent Arizona consumers and placed them in the caller ID of their telemarketing calls.’ As a result of this purported conduct, Affordable Enterprises of Arizona ‘was able to appear to be calling from local phone numbers and to avoid receiving angry callbacks when making spoofed telemarketing calls to sell home improvement and remodeling services.’ Moreover, the FCC stated that the caller ID was manipulated to appear to come from a number not connected to the company. Additionally, calls also came from pre-paid ‘burner phones’. Regardless, Affordable Enterprises of Arizona allegedly spoofed the caller ID, so consumers were not able to correctly identify the caller.”

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Medical Device Manufacturer Agrees to $18M Settlement on Kickback Scheme

“The settlement resolves allegations that Merit Medical Systems engaged in a kickback scheme lasting more than six years to pay healthcare providers to induce use of its products in medical procedures performed on Medicare, Medicaid, and Tricare beneficiaries,” reports Clare Goldsberry in Plastics Today’s Medical News.

“Medical device maker Merit Medical Systems Inc. (MMSI) has agreed to pay $18 million to resolve allegations that it caused the submission of false claims to the Medicare, Medicaid, and Tricare programs by paying kickbacks to physicians and hospitals to induce the use of MMSI products.”

“The Anti-Kickback Statute prohibits offering or paying anything of value to induce the referral of items or services covered by Medicare, Medicaid, Tricare, and other federal healthcare programs.”

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