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Author Archive for David Brown – Page 18

Social Media Fueling Hate: Are the Advertisers Complicit?

Posted by David Brown 
· March 30, 2023 

There are hundreds of millions of people who use social media on a daily basis, and many people rely on it to stay in contact with their family members and friends. At the same time, social media can be a cesspool, particularly for hatred and bigotry. Now, it appears that the chief of the United Nations, Secretary-General Antonio Guterres, is starting to call out the entire industry for the echo chamber it has created.

Recently, he accused social media platforms, and those who advertise on social media, of being complicit in the generation of racism, sexism, anti-semitism, islamophobia, xenophobia, misogyny, and homophobia. These are powerful words from one of the most powerful individuals in the world, and he has stated that social media companies are using algorithms to keep people glued to the screens as long as possible. That way, they can increase their advertising revenue, and he believes it makes not only social media companies but also advertisers complicit in the generation of hatred.

For a long time, he has spoken about the power that social media companies have because of how many people they can reach in such a short amount of time. He has also called for them to take more action to limit the spread of hatred on their platforms, but he believes that social media companies, and the governments that control them, have not done enough.

He believes that the hate speech and verbal violence on social media platforms have accelerated in recent years, and he believes that it doesn’t take a lot for someone to be inspired to act negatively after seeing something on social media. As a result, he believes that more has to be done.

As we wait for social media companies to respond directly to what he has said, it will be interesting to see what actions social media companies take in the near future, particularly with the next election cycle ramping up in the United States. While social media has the ability to do a tremendous amount of good in the world, it can also cause significant harm when it is used for nefarious purposes. It is clear that more has to be done to limit the spread of hatred on social media.

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Supreme Court Case Could Reshape State Gun Control Laws

Posted by David Brown 
· March 28, 2023 

As the United States continues to grapple with the issue of gun control, a recent Supreme Court case could have a major impact on how states regulate firearms. The case: New York State Rifle & Pistol Association v. the City of New York, centers around a law that prohibited residents of New York City from transporting firearms outside the city, even if they were licensed to own them. The law was challenged by the New York State Rifle & Pistol Association, who argue that it violates the Second Amendment of the United States Constitution.

Historical implications

This is the first time in nearly a decade that the Supreme Court has heard a case concerning the Second Amendment, and the outcome could have significant implications for how states regulate firearms in the future. If the Supreme Court sides with the New York State Rifle & Pistol Association, it could pave the way for more states to loosen their gun control laws. On the other hand, if the Supreme Court upholds the law, it could give states more leeway to regulate firearms.

A precedent with downstream consequences

The issue of gun control has become increasingly pressing in recent years due to the rise in mass shootings and gun violence across the country. This case is being closely watched by both sides of the debate, as the outcome could set a precedent for how states regulate firearms in the future. The Second Amendment is just one aspect of the larger issue of gun control. There are many factors that contribute to gun violence, and addressing them will require a comprehensive approach that takes into account the Second Amendment as well as other laws and regulations.

Significant updates

At the moment, lawsuits are zipping through the courts with congressional leaders from both parties arguing for their stances, this coming from a rash of mass shootings at the start of the year. A new law crafted by democrats will seek to curtail gun violence in sensitive places, including the city’s Times Square, Yankee stadium, and the subway system.

While the nation continues to grapple with one of the most fundamental and consecrated laws in the land, it is important that individuals and business owners alike know their rights. That’s why it will be important to retain a lawyer that is savvy in the most recent updates in case they find themselves facing a lawsuit of their own.

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How a Lawyer Helps in Child Custody Issues

Posted by David Brown 
· March 23, 2023 

Child custody matters in Washington can be overwhelming, so it is essential to seek legal advice early in the child custody process. A child custody attorney has the skills, knowledge, and experience to help you maintain or gain custody of your child.

When to hire a child custody lawyer?

Hiring a family lawyer is not required, although it is advisable because it will likely be among the most important decisions you’ll ever make. It also helps keep children away from messy legal entanglements. Many situations will benefit from legal representation. These include –

  • Abuse or domestic violence.
  • The relationship with your co-parent has become difficult.
  • A co-parent plans to move out of state or has hired a lawyer.

Washington Child Custody Laws

Child custody laws vary by state. In Washington, a court favors the parent who can provide the most stable home and care/supervision, whether married or not. The court also considers-

  • The child’s age and decision-making capacity.
  • The parents’ occupations and their ability to care for the child.
  • The parents’ good/bad habits.
  • Each parent’s living situation and the child’s relationship with each parent and their siblings.

Determining a Child’s Best Interest

The best interest of each child is paramount but different for each. This is why a judge decides which path would be easiest for a child based on the situation’s circumstances.

Can a Child Weigh in on a Custody Decision?

A Washington court will consider a child’s preference if a child is mature enough. This usually refers to children 12+.

Can a Parent Be Deemed Unfit In Washington?

Yes. An unfit parent fails to care for their child and, in doing so, endangers the child’s wellbeing. An unfit parent may be unable to provide financial support for food and shelter or possess a criminal history or substance abuse problem.

Can a Child Refuse Visitation in Washington State?

Child custody orders remain in place until the child becomes of age unless there is a revision to the court order or the child becomes emancipated. While there is no specific Washington law regarding a child’s refusal of visitation, the younger the child is, the more acceptable it is for a parent to enforce visitation orders.

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Has the Me Too Movement Spread To China?

Posted by David Brown 
· March 21, 2023 

During the past few years, there has been a remarkable increase in the number of women who are speaking out about the harassment they have suffered. Some women have been harassed by their family members, and others have been harassed in the workplace. This includes not only sexual abuse but also emotional abuse, physical abuse, and verbal abuse. This has been dubbed the “Me Too” movement, and it has been concentrated in the United States and in Europe. Now, it appears that it might be spreading to China, but it doesn’t necessarily have the results that many people expect.

The power structure in China is very different, and it takes a lot for a woman to speak out and file a harassment lawsuit in a Chinese court. Unfortunately, the numbers indicate that when a woman files a harassment lawsuit in China, she has a chance of being hit with a defamation suit herself.

Between the years 2010 and 2017, according to the New York Times, only 34 lawsuits were filed in China related to sexual harassment in the workplace. Of note, China has a population that is five times out of the United States. Of those 34 lawsuits, 19 of them were filed by the accused, claiming defamation. There are even some cases where the women who file their harassment lawsuits are ordered to compensate the people they accused for the harm they have done or their legal fees.

The result could be catastrophic. Multiple sources in China have indicated that victims are often pressured to stay silent and resolve issues outside of the court system. Furthermore, China may have a slightly different definition of what constitutes harassment, and a greater burden of proof often falls on the person making the accusation, which means that the case is much harder to win.

While the “Me Too” movement has definitely had an impact on Chinese culture, spurring a number of investigations into teachers, bosses, and coworkers, it is obvious that China still has a long way to go to ensure women who speak out have the protection they deserve. Perhaps the increased attention paid to this matter is going to lead to further reforms that protect vulnerable parties in the future.

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The U.S. Women’s Soccer Team’s Gender Pay Gap Lawsuit Prevails

Posted by David Brown 
· March 16, 2023 

In 2016, five U.S. women’s national soccer team (USWNT) members began a series of legal actions requesting equal treatment and compensation from the United States Soccer Federation (USSF). The women’s soccer player’s lawsuit claimed that the USSF’s actions violated Title VII and the Equal Pay Act – by systematically underpaying professional women soccer players (compared to male soccer players).

The above-noted legal maneuvers began with a complaint to the Equal Employment Opportunity Commission. Soon after, Carli Lloyd published a New York Times essay emphasizing and demonstrating how the women’s team in the country, despite its consistently lower salaries, actually generated more revenue for the USSF than the men’s team.

The lawsuit, which, unfortunately, is not the first of its kind, reignited the conversation about gender pay disparities across workplace sectors. The fight for equal pay by the five women soccer players garnered tremendous support across the board. Senator Manchin introduced a bill in 2019 in support, while soccer fans showed their encouragement by chanting Equal Pay – Equal Pay during the FIFA 2019 Women’s World Cup.

Other legal actions included an attempt to void the players association’s required collective bargaining agreement. In 2019, the national team’s roster of players filed a lawsuit asserting gender discrimination by the USSF. The suit detailed the claims of wage discrimination in a variety of ways. In response, the US Soccer Federation issued a statement detailing its plans to support and promote the women’s soccer league.

In February 2022, the U.S. Women’s National Soccer team settled their landmark class action equal-pay suit with the U.S. Soccer Federation for $24 million. This settlement is to be distributed in a manner recommended by the USWNT players and further approved by the District Court. Part of the total settlement ($2 million) will go into an account that benefits USWNT players’ charitable efforts and post-career objectives or goals. Each player has the potential to apply for a maximum of $50,000 from this established fund.

Note – in the 2019 film LFG, Sean Fine and Andrea Nix Fine document the U.S. women’s national soccer team’s uphill battle for equal pay.

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Washington State Attorney General Issues Statement On Controversial Merger Case

Posted by David Brown 
· March 14, 2023 

Washington State Attorney General Bob Ferguson released a statement on Monday regarding the Washington State Supreme Court’s decision to decline review of the Albertson’s merger case. The case, which was filed by the Attorney General’s office in an effort to block the merger between Albertson’s and Kroger Co., had previously been dismissed by a lower court.

What is going on?

In his statement published during the third week of January, Attorney General Ferguson expressed disappointment in the court’s decision, stating that the merger would have an adverse effect on working-class Washingtonians that need access to affordable groceries during the current economic downturn. The proposed merger, which was announced in February of this year, would create a company with more than 4,900 stores and $83 billion in annual revenue. If the merger were to go through, Albertson’s shareholders would receive $1.83 billion in cash and $2.17 billion in stock in the new company.

Why is it so important?

The Federal Trade Commission (FTC) has also raised concerns about the merger, stating that it would “significantly reduce competition in numerous local markets.” The FTC is currently reviewing the merger to determine whether it would violate antitrust laws. This is a serious issue in antitrust enforcement and could set the precedent for other major conglomerates to combine forces and weaken the overall buying power of working-class consumers all over the country. The pharmacy industry has already seen similar occurrences and the rise of major grocery store conglomerates would only serve to weaken the buying power of individuals in the state that much more.

Despite the Supreme Court’s decision to decline review of the case, Attorney General Ferguson affirmed that his office remains committed to protecting Washington consumers from anti-competitive business practices. He stated, “We will continue to fight to keep prices low and protect competition for Washington families.”

Conclusion

The Albertson’s-Krogermerger remains under review by the Federal Trade Commission. The outcome of the review and the future of the merger remains uncertain at this time. The case highlights the ongoing debate about the impact of mergers and acquisitions on competition and consumer prices and may set a precedent on what organizations may be able to get away with in the future.

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Natural Disasters And Your Business: Why You Need To Protect Yourself

Posted by David Brown 
· March 9, 2023 

As the world continues to grapple with the impacts of climate change, companies are facing increasing risks from natural disasters like hurricanes and typhoons. The Philippines, for example, is one of the most disaster-prone countries in the world, with an average of 20 typhoons hitting the country each year. These natural disasters can cause significant damage to businesses and their operations, not just in terms of physical damage but also in terms of reputational damage, financial losses, and disruptions to supply chains. For companies operating in or doing business with the Philippines, it’s important to have a plan in place to protect against these risks. One important step is to work with a lawyer who can help navigate the legal complexities of dealing with natural disasters.

Organizational responsibilities

A lawyer can help a company understand its legal obligations and rights in the event of a disaster, such as the responsibilities of insurance providers and the rights of employees. They can also assist in negotiating with suppliers, vendors, and other partners to minimize disruptions to operations. In addition, a lawyer can help a company navigate the legal challenges of rebuilding after a disaster and can provide guidance on how to access government assistance.

Contract specifications

Another way a lawyer can help a company protect itself is by reviewing and updating their contracts to include force majeure clauses, which protect the parties from losses due to events beyond its control. This can include natural disasters such as typhoons and hurricanes. Additionally, a lawyer that is informed about the laws and regulations related to natural disasters in the Philippines can help a company stay up-to-date on any contractual changes and make sure the company is in compliance.

Organizations must protect themselves from the financial, operational, and reputational risks associated with natural disasters. It’s important for companies to take proactive steps now to prepare for the future, rather than waiting for a disaster to strike before taking action. The Philippines is prone to natural disasters, and companies operating in or doing business with the Philippines need to have a plan in place to protect themselves.

If you find yourself in a situation where you need to deal with certain environmental issues as a result of your inherent business practices, call a lawyer.

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3M Finally Ends PFAS Production, But Legal Action Could Continue

Posted by David Brown 
· March 7, 2023 

3M is one of the most well-known and respected pharmaceutical companies in the world; however, it has had its fair share of legal troubles over the years, including mounting lawsuits related to its manufacture of polyfluoroalkyl substances (PFAS), which were found to lead to a variety of medical complications. Recently, 3M announced that it will stop producing the toxic chemicals by 2025, but it means that the company will still face significant legal liability related to environmental damage and health impacts of PFAS, which are “forever chemicals.”

Research has shown that these chemicals can build up in the environment and the human body, leading to a host of issues. There are a variety of reasons why the company is moving away from PFAS, and one of the biggest issues is the mounting legal issues that the company continues to face. For example, 3M is responsible for paying out a variety of lawsuits related to water contamination stemming from PFAS. Furthermore, research has shown that exposure to PFAS can lead to cancer and ulcerative colitis, meaning that 3M is responsible for people’s medical bills all over the world. Even though there are a variety of lawsuits the company is facing in the United States, other countries are taking action against PFAS as well.

Traditionally, PFAS was used to resist the build-up of oil, grease, and water. It has been used since the 1940s, and they have been used to make pizza boxes and non-stick pans recently. Unfortunately, PFAS can also be very dangerous. For example, the company was sued by firefighters who believe that PFAS in the foam led to a number of cancers. Furthermore, PFAS have also been used to make equipment that soldiers use when they fight overseas, causing them to develop complications as well.

Right now, 3M has already announced that it is working hard to transition its products away from PFAS, including those that have already been produced and are sitting on shelves. Sadly, that is going to be very difficult to do, as PFAS are “forever chemicals,” which means that they don’t break down that easily. It will be interesting to see what other steps 3M takes to mitigate the damage of PFAS and what other lawsuits could be filed.

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John Askin Files Lawsuit Against the NCAA and Notre Dame Regarding Administered Pain Medications and Neurological Damage

Posted by David Brown 
· March 2, 2023 

Without a doubt, the NCAA has found itself in the line of fire a significant number of times during the past few years. It appears that the antediluvian organization is slow to adjust, desperate to hang on to power and its revenue stream. It appears that the floodgates are fully opened, particularly with NIL in full force. Now, a number of other negative issues are coming to light, as John Askin filed a lawsuit in the state of Kentucky.

In Kentucky, which is where he lives, he names Notre Dame and the NCAA as defendants. He claims that the NCAA and Notre Dame are guilty of negligence and concealment. He claims that he suffered a significant amount of neurological damage stemming from his football career, but he also says that he was illegally forced to take pain medications in an effort to keep him on the field.

According to J. Bruce Miller, he asserts that doctors and trainers affiliated with the university were illegally giving him medication that was only intended for use by veterinarians on animals. He specifically named the drug Supac, but he also says that he was injected with Marcain, a drug known to lead to multiple side effects. He also says that multiple parties were aware of what was happening, as well as the possible risks of suffering significant traumatic brain injuries, but that the football team and NCAA did nothing.

He states that many of his symptoms were caused by repeated blows to the head, but that the care he needs to receive has prevented him from maintaining employment. He has developed a host of neurological issues as a result of his football career, and he claims that many of these issues were made worse because of the negligence the NCAA and Notre Dame showed towards his medical issues.

It remains to be seen whether more lawsuits will be filed against the NCAA, but it is obvious that something has to be done to protect the civil rights of their student-athletes, particularly given that they are not compensated for the time they spend on the field despite the significant amount of money they generate for the NCAA. Many interested parties will track the lawsuit as it makes its way through the court system.

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What to Know About the Amerisource Bergen Corp. DOJ Lawsuit

Posted by David Brown 
· February 28, 2023 

The United States Department of Justice has filed a lawsuit against AmerisourceBergen Corp. and its subsidiaries, alleging that they engaged in illegal practices in the distribution of prescription drugs. The lawsuit, which was filed in the Eastern District of Pennsylvania, accuses the company of violating the False Claims Act by failing to report suspicious orders of controlled substances, as well as engaging in illegal kickback schemes.

According to the complaint, AmerisourceBergen and its subsidiaries, including Good Neighbor Pharmacy, engaged in a scheme to increase profits by:

  • Distributing large quantities of drugs that were not medically necessary
  • Failing to report suspicious orders of controlled substances to the Drug Enforcement Administration (DEA)

Kickbacks – a major problem

The company is also accused of using its Good Neighbor Pharmacy network to pay illegal kickbacks to long-term care pharmacy providers in exchange for their business. Pharmaceutical kickbacks have had a notorious history in recent years and have featured industry giants like Novartis and Purdue Pharma suspected of and guilty of committing the act.

Origins of the case

The Justice Department’s investigation into AmerisourceBergen began in 2016, and the lawsuit is the latest development in the department’s efforts to crack down on illegal activities in the pharmaceutical industry. AmerisourceBergen is one of the largest drug distributors in the United States and supplies drugs to thousands of pharmacies across the country.

The complaint also alleged that the company knowingly circumvented its own internal controls and distributed misbranded drugs, including pre-signed prescriptions and other controlled substances. Misbranding, in this situation, refers to a drug distributed with the intent to mislead or deceive the purchaser, which in this case is the government and the taxpayers.

Accountability for the people

The False Claims Act allows the government to seek triple damages and penalties for each false claim, so the potential liability for AmerisourceBergen and its subsidiaries could be significant if they are found guilty of the allegations.

The Department of Justice has made it clear that they will hold accountable those companies and individuals who engage in illegal activities in the pharmaceutical industry. The lawsuit against AmerisourceBergen is a reminder that the government is committed to protecting taxpayers and the American public from illegal and fraudulent activities in the healthcare sector.

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