Entertainment – Attorney Legal Counsel

Fox attorneys seek to dismiss shareholder lawsuit over reporting of vote rigging allegations in 2020

attorneylegalcounsel99 — Sat, 23 Nov 2024 11:57:34 +0000

WILMINGTON, Del. — Attorneys for Fox Corp. asked a Delaware judge Friday to dismiss a shareholder lawsuit seeking to hold current and former company officials personally liable for the financial fallout stemming from Fox News reports regarding alleged vote rigging in the 2020 election.

Five New York City public employee pension funds, along with Oregon’s public employee retirement fund, allege that former chairman Rupert Murdoch and other Fox Corp. leaders deliberately turned a blind eye to liability risks posed by reporting false claims of vote rigging by election technology companies Dominion Voting Systems and Smartmatic USA.

Smartmatic is suing Fox News for defamation in New York, alleging damages of $2.7 billion. It recently settled a lawsuit in the District of Columbia against One America News Network, another conservative outlet, over reports of vote fraud.

Dominion also filed several defamation lawsuits against those who spread conspiracy theories blaming its election equipment for Donald Trump’s loss in 2020. Last year, Fox News settled a defamation lawsuit filed by Dominion in Delaware for $787 million.

The shareholder plaintiffs also allege that Fox corporate leaders ignored “red flags” about liability arising from a 2017 report suggesting that Seth Rich, a Democratic National Committee staffer, may have been killed because he had leaked Democratic party emails to Wikileaks during the 2016 presidential campaign. Rich, 27, was shot in 2016 in Washington, D.C., in what authorities have said was an attempted robbery.

Fox News retracted the Seth Rich story a week after its initial broadcast, but Rich’s parents sued the network for falsely portraying their son as a criminal and traitor. Fox News settled the lawsuit in 2020 for “millions of dollars,” shortly before program hosts Lou Dobbs and Sean Hannity were to be deposed, according to the shareholder lawsuit.

Joel Friedlander, an attorney for the institutional shareholders, argued that Fox officials waited until the company’s reporting about Rich became a national scandal before addressing the issue. Similarly, according to the shareholders, corporate officials, including Rupert Murdoch and his son, CEO Lachlan Murdoch, allowed Fox News to continue broadcasting false narratives about the 2020 election, despite internal communications suggesting that they knew there was no evidence to support the conspiracy theories.

“The Murdochs could have minimized future monetary exposure, but they chose not to,” Friedlander said. Instead, he argued, they engaged in “bad-faith decision making” with other defendants in a profit-driven effort to retain viewers and remain in Trump’s good graces.

“Decisions were made at the highest level to promote pro-Trump conspiracy theories without editorial control,” Friedlander said.

Defense attorneys argue that the case should be dismissed because the plaintiffs filed their lawsuit without first demanding that the Fox Corp. board take action, as required under Delaware law. They say the plaintiffs also failed to demonstrate that a pre-suit demand on the Fox board would have been futile because at least half of the directors face a substantial likelihood of liability or are not independent of someone who does.

Beyond the “demand futility” issue, defense attorneys also argue that allegations that Fox officials breached their fiduciary duties fail to meet the pleading standards under Delaware and therefore should be dismissed.

Defense attorney William Savitt argued, for example, that neither the Rich settlement, which he described as “immaterial,” nor the allegedly defamatory statements about Dominion and Smartmatic constitute red flags putting directors on notice about the risk of defamation liability. Nor do they demonstrate that directors acted in bad faith or that Fox “utterly failed” to implement and monitor a system to report and mitigate legal risks, including defamation liability risk, according to the defendants.

Savitt noted that the Rich article was promptly retracted, and that the settlement included no admission of liability. The Dominion and Smartmatic statements, meanwhile, gave rise themselves to the currently liability issues and therefore can not serve as red flags about future liability risks, according to the defendants.

“A ‘red flag’ must be what the term commonly implies — warning of a risk of a liability-causing event that allows the directors to take action to avert the event, not notice that a liability-causing event has already occurred,” defense attorneys wrote in their motion to dismiss.

Defense attorneys also say there are no factual allegations to support claims that Fox officials condoned illegal conduct in pursuit of corporate profits, or that they deliberately ignored their oversight responsibilities. They note that a “bad outcome” is not sufficient to demonstrate “bad faith.”

Vice Chancellor J. Travis Laster is expected to rule within 90 days.

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Judge pushing attorneys, prosecutors in Young Thug’s trial to get moving or else

attorneylegalcounsel99 — Thu, 11 Apr 2024 12:45:57 +0000

ATLANTA, Ga. (Atlanta News First) – The judge overseeing Young Thug’s criminal, racketeering and gang trial in Fulton County, Georgia, is getting fed up.

Late Wednesday afternoon, Fulton County Superior Court Judge Ural Glanville again admonished prosecutors and defense attorneys to get through their countless motions and statements by Thursday morning or he’ll start holding court on weekends.

Also on Wednesday, Walter Murphy, one is the alleged co-founder of YSL, which prosecutors claim is a criminal street gang, took the stand for the first time. Prosecutors say Young Slime Life is a gang led by the acclaimed rapper, while Young Thug’s attorneys say Young Stoner Life is just a record label.

Murphy took a plea agreement in this case and was asked about it while on the stand Wednesday.

“Did you understand what you initialed?” prosecutors asked. “That’s a good question,” replied Murphy. “I did, but I didn’t, though. It’s kind of confusing.”

The state also asked Murphy about his relationship with Young Thug, whose real name is Jeffery Williams. He testified that he’s known Williams since they were kids.

On Wednesday the state also heard testimony from Deangelo White, the victim of an attempted murder back in April 2015. For the second day in a row, he told prosecutors that he didn’t want to testify and was not a victim in the 2015 incident.

“How am I a victim? I didn’t get shot, I didn’t get hurt,” White said.

Earlier in the week, prosecutors called up Atlanta Police detective Anthony Kirkman, who testified about investigating an alleged armed robbery in 2013. Prosecutors are also trying to show Williams is behind the alleged incident. The state asked the detective what the female victim told him about the alleged robbery.

Prosecutors have indicated they have about 150 witnesses they still plan to call.

Prosecutors allege ROC crew became the alleged gang known as YSL. Witness Trontavious Stephens, one of the original co-defendants, has said he, Murphy and Williams were YSL’s founding members.

Four months into the trial, about 40 witnesses have been called to testify so far.

Young Thug is on trial in Fulton County in a massive RICO case involving himself and five other defendants. Prosecutors allege Williams and his co-defendants are members of the YSL gang, while defense attorneys argue YSL is simply the name of a record label, Young Stoner Life.

Williams is facing eight criminal counts under a federal law that was originally enacted to fight organized crime. Georgia is one of 33 states that has its own RICO law, but in the Peach State, the alleged criminal enterprises do not have to have existed as long as the federal law.

Williams is also charged with possession of marijuana with intent to distribute; possession of codeine with intent to distribute; possession of cocaine; possession of a firearm; and possession of a machine gun.

Atlanta News First is broadcasting gavel-to-gavel coverage of Young Thug’s trial on its live stream and YouTube channel.

How can I watch the Young Thug trial?

Atlanta News First will be covering the trial live on our ANF+ livestreams, which you can watch on our website, on Youtube or on Roku, Fire TV and AppleTV. We will also report on the events online.

YOUNG THUG’S TRIAL: LISTEN WHEREVER YOU GET YOUR PODCASTS

Download our Atlanta News First app for the latest details on Young Thug’s historic trial.

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Young Thug witness says he’s been harassed, threatened, can’t recall anything from 2013

attorneylegalcounsel99 — Sun, 17 Mar 2024 23:32:56 +0000

ATLANTA, Ga. (Atlanta News First) – A witness in the internationally watched trial of acclaimed rapper Young Thug pleaded with the judge and attorneys to excuse him from the trial.

For weeks, Adrian Bean has been testifying he doesn’t recall anything from a September 2013 incident in which he was an alleged getaway driver in a crime related to Jeffery Williams – aka Young Thug – and the other defendants. Young Thug is on trial in a massive RICO case involving himself and five other defendants.

On Friday, under questioning from Young Thug attorney Brian Steel, Bean told Fulton County Superior Court Judge Ural Glanville he has been threatened, harassed and has lost his job as a result of his subpoena to testify in the trial.

WATCH ADRIAN BEAN’S OUTBURST

As Steel continued to play portions of his recorded interview with police, Bean exclaimed, “I don’t remember nothing from 2013, I keep telling y’all that. Y’all got my name on a recorder, my phone number on a recorder. These people are threatening me. They’re calling my phone, your honor. I done lost my job. I got a lot going on.

“I can’t continue to keep going on like this.” Bean also accused attorneys of “trying to assassinate” him. He also asked Glanville if he was the one on trial.

“No sir, you are not on trial,” Glanville replied. “But you have been properly summoned here as a witness and you’re subject to examination until I release you.”

Testimony resumes Monday at 3 p.m.

Prosecutors allege Williams and his co-defendants are members of the Young Slime Life (YSL) gang, while defense attorneys argue YSL is simply the name of a record label, Young Stoner Life.

Defense attorneys claim Williams and his co-defendants are not responsible for any of the violent crimes the state has highlighted during the trial.

Young Thug is facing eight criminal counts under a federal law that was originally enacted to fight organized crime. Georgia is one of 33 states with its own RICO law.

Defense attorneys argue that YSL is not a gang but simply the name of a record label, Young Stoner Life. They claim Williams and his co-defendants are not responsible for any of the violent crimes the state has highlighted during this trial.

Williams is also charged with possession of marijuana with intent to distribute, possession of codeine with intent to distribute, possession of cocaine, possession of a firearm and possession of a machine gun.

A total of 18 jurors are sitting for the trial, with 12 seated as jurors and six alternates: 10 Black women, two white women, three Black men and three white men. The panel of 12 features seven Black women, two Black men, two white women and one white man.

Glanville ruled in November that some of Young Thug’s lyrics would be conditionally admitted as evidence. In 2022, Fulton County prosecutors included lyrics from the rapper referencing drugs and violence as evidence of an “overt act in furtherance of a (gang) conspiracy.”

Atlanta News First is broadcasting gavel-to-gavel coverage of Young Thug’s trial on its live stream and YouTube channel.

How can I watch the Young Thug trial?

Atlanta News First will be covering the trial live on our ANF+ livestreams, which you can watch on our website, on Youtube or on Roku, Fire TV and AppleTV. We will also report on the events online.

YOUNG THUG’S TRIAL: LISTEN WHEREVER YOU GET YOUR PODCASTS

Download our Atlanta News First app for the latest details on Young Thug’s historic trial.

The post Young Thug witness says he’s been harassed, threatened, can’t recall anything from 2013 appeared first on Attorney Legal Counsel.

Ex-celebrity lawyer Tom Girardi found competent to stand trial for alleged $15 million client thefts

attorneylegalcounsel99 — Sat, 06 Jan 2024 05:47:07 +0000

LOS ANGELES (AP) — Disgraced Los Angeles celebrity lawyer Tom Girardi has been found competent to stand trial on charges that he stole more than $15 million from his clients.

A federal judge filed a notice of the brief order Tuesday under seal. Lawyers for both sides were given five days to identify any information in it that they would like the judge to keep confidential.

Girardi, 84, is the estranged husband of “The Real Housewives of Beverly Hills” star Erika Jayne.

Girardi pleaded not guilty in Los Angeles last year to wire fraud on charges that he embezzled from clients, including an Arizona widow whose husband was killed in a boat accident; a Los Angeles couple injured in a car wreck that paralyzed their son; and a man who was severely burned in the 2010 San Bruno gas pipeline explosion.

If convicted, he could be sentenced to decades in federal prison.

The Associated Press sent messages to his public defenders seeking comment.

At issue in the competency hearing was whether Girardi understood the charges and proceedings against him and could help with his own defense. His lawyers argued that he was unable to take part in the trial because he has been diagnosed with Alzheimer’s disease, which they said has left him confused and with memory problems. He currently is staying in the memory care unit of a nursing home.

Prosecutors contended that Girardi was exaggerating his symptoms.

As one of the nation’s most prominent plaintiff’s attorneys, Girardi took on powerful corporations, movie studios and Pacific Gas and Electric in a case that led to a $333 million settlement, which was portrayed in the 2000 Julia Roberts film “Erin Brockovich.”

But his law empire collapsed, he was disbarred in California in 2022 over client thefts, and he faces mounting legal problems.

Girardi also faces federal wire fraud charges in Chicago, where he is accused of stealing about $3 million from family members of victims of a 2018 Lion Air crash that killed 189 people.

The Chicago court is expected to follow the competency decision in California.

The post Ex-celebrity lawyer Tom Girardi found competent to stand trial for alleged $15 million client thefts appeared first on Attorney Legal Counsel.

ENTERTAINMENT BRIEFS

attorneylegalcounsel99 — Sun, 26 Nov 2023 16:33:33 +0000

Paris Hilton welcomes second child

Hotel heiress and DJ Paris Hilton just welcomed the newest member of her family.

Hilton announced the arrival of her daughter, London, on social media Thursday night. “Thankful for my baby girl,” she posted on Instagram alongside a photo of an all-pink outfit that read “London,” with a stuffed animal and matching heart-shaped sunglasses.

It’s her second child with husband Carter Reum. In January, the pair announced the birth of their son, Phoenix, who was born via surrogate.

During an episode of her podcast, “I Am Paris,” earlier this year, Hilton read an excerpt from her memoir that said, “Phoenix has a few good pop culture reference points, but more important, it’s the bird that flames out and rises from the ashes to fly again.”

She also noted in the episode that she found inspiration in “cities, countries and states,” keeping in theme with her own first name.

On TikTok Thursday, she shared a video of Phoenix at the Thanksgiving table that said, “Happy Thanksgiving! I’m a big brother!” In another post, she asked him: “Are you the big brother now? Are you going to watch after your sister?”

Celebrities — including Dakota Fanning, Kris Jenner and Olivia Culpo — wrote comments congratulating the couple on their daughter’s birth.

“Congratulations!!!” Jenner said. “We can’t WAIT to meet baby London!!!!! We love you!!!!”

Hilton and Reum, a venture capitalist, wed in November 2021.

Tiffany Haddish arrested on suspicion of DUI

BEVERLY HILLS, Calif. — Tiffany Haddish was arrested Friday on suspicion of driving under the influence, police said.

The actor and comedian was detained after Beverly Hills police received a call about 5:45 a.m. Police said she appeared to be found slumped over the wheel of the vehicle while the car engine was still running.

Haddish, an Emmy and Grammy winner, performed at the Laugh Factory in Los Angeles on Thursday night. It was the comedy club’s 43rd annual free Thanksgiving feast for the community.

A representative for Haddish did not immediately respond to an emailed request for comment.

Last year, Haddish was arrested on suspicion of DUI in suburban Atlanta.

Haddish has starred in the films including the comedy “Girls Trip,” “Night School,” “Like a Boss” and “The Kitchen.” She wrote the New York Times best seller “The Last Black Unicorn,” which earned a Grammy nomination.

In 2018, Haddish won an Emmy for her appearance on “Saturday Night Live” and a Grammy in 2021 for her special “Black Mitzvah.”

Jamie Foxx denies sexual assault allegations

Actor Jamie Foxx denied allegations Thursday, a day after he was sued over a purported 2015 sexual assault.

A lawsuit against the Oscar winner was filed Wednesday in New York Supreme Court claiming Foxx assaulted the victim at upscale restaurant and lounge Catch NYC & Roof in Manhattan’s Meatpacking District.

A statement released on behalf of the 55-year-old said the incident “never happened.”

“The alleged incident never happened. In 2020, this individual filed a nearly identical lawsuit in Brooklyn. That case was dismissed shortly thereafter,” a spokesperson for Foxx said Thursday. “The claims are no more viable today than they were then. We are confident they will be dismissed again. And once they are, Mr. Foxx intends to pursue a claim for malicious prosecution against this person and her attorneys for re-filing this frivolous action.”

The suit claims that shortly after meeting and asking for a photograph, Foxx dragged the victim by the arm to a secluded area of the rooftop lounge and “placed both of his hands on Plaintiff’s waist, moved them under Plaintiff’s ‘crop top’ and began rubbing her breasts.”

“Foxx proceeded to slide his hands into Plaintiff’s pants and put his fingers on and in Plaintiff’s vagina and anus,” the lawsuit alleges.

The victim is identified in court documents only as Jane Doe.

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California program to lease land under freeways faces scrutiny after major Los Angeles fire

attorneylegalcounsel99 — Wed, 15 Nov 2023 23:27:03 +0000

LOS ANGELES (AP) — The area under an elevated Los Angeles freeway that burned last weekend, damaging a section of a key thoroughfare in the car-dependent city, was stacked with flammable materials on lots leased by the state through a little-known program that now is under scrutiny.

The blaze Saturday burned about 100 support columns, forcing the closure of a vital mile-long stretch of Interstate 10 near downtown that is used by hundreds of thousands of people daily.

It could take crews working around the clock between three and five weeks to repair the freeway, Gov. Gavin Newsom said.

Newsom said the state would reassess the practice of leasing land under roads to bring in money for mass transportation projects.

Details of that program remain opaque. Newsom’s office directed questions about whether the state has any regular inspection protocols to state transportation officials. The California Department of Transportation, known as Caltrans, did not respond to questions about inspections or provide information about how many properties the state leases.

State Assemblymember Miguel Santiago, who represents part of downtown Los Angeles, said officials should disclose how many sites are leased under the program, the terms of contracts, how much money the program generates and how the state ensures companies comply with the contract requirements.

“Some of those actions could have prevented what we now see happened underneath the 10,” Santiago said.

Apex Development Inc. has leased the land under I-10 since 2008. One condition of Apex’s contract stipulated it not allow flammable or hazardous materials to be stored there.

The fire that spread quickly over 8 acres (3 hectares) was fed by pallets, cars, construction materials, hand sanitizer and other items being stored under the freeway in an industrial neighborhood. No injuries were reported but at least 16 homeless people living in an encampment there were taken to shelters.

No arrests have been made and Newsom has said investigators are trying to determine if more than one person was involved in what officials said was likely arson.

Prior to the fire, state officials filed a lawsuit against Apex saying the company owes $78,000 in unpaid rent.

The lawsuit also says Apex was subleasing to six other companies. That can be legal if the company received permission from state and federal regulators but Apex did not, Newsom said.

Apex has confirmed the litigation but has not answered other questions through a lawyer.

Owners of two of the companies that subleased the property said they had warned of fire danger and other hazards related to homeless people living under the freeway. Luis Cartagena of Eagle Wood Services said he stopped using the space for his wood pallet business more than a year ago because he was losing so much to theft.

“There was a lot of homeless people there, drug dealing, prostitution and there was a lot of theft,” he said. “I couldn’t leave anything.”

Rudy Serafin said he’s been leasing space under I-10 from Apex since 2009. He uses it to store supplies for businesses in the garment district including hangars, boxes and bags. He also stores office supplies including hand sanitizer, which is flammable.

He estimates he lost $800,000. “I don’t know what I am going to do. I am 49 years old. I have no other resources. This is my livelihood. This is what I feed my kids with,” he said.

Serafin said he’s been unable to get insurance for his business because of concerns about homeless people using cooking fires in the area. He said he and other businesses called the city repeatedly to request a cleanup of the encampment. The city removed homeless people from the space once, but the encampments quickly returned, he said.

The city didn’t respond to a request for comment about whether they had received complaints or removed people from the site. Los Angeles Mayor Karen Bass warned Monday against assuming homeless people started the blaze.

Serafin said he and other contractors received a notice from the state transportation agency in May saying Apex wasn’t paying its rent. Serafin and other business owners stopped paying Apex, but lost access to their properties. They resumed paying and tried to work directly with Caltrans but the agency’s lawyer said he couldn’t negotiate with them, Serafin said.

Serafin said he signed a contract with Apex in 2009 but couldn’t find it.

The danger of storing flammable materials under elevated interstates has drawn the scrutiny of federal investigators in the past. After a 2017 fire collapsed a section of Interstate 85 in Atlanta, the National Transportation Safety Board criticized the Georgia Department of Transportation’s decision to store construction materials beneath the bridge without assessing the fire risk. The department said it immediately changed storage practices.

California Fire Marshal Daniel Berlant said investigators have identified where Saturday’s fire started and what caused it after sorting through the rubble for evidence, but did not specify what they found. He had no information on a suspect and said investigators are talking to witnesses.

An estimated 300,000 vehicles use the stretch of freeway daily, which runs east-west across the heart of the metropolis and connects with other major freeways. The city has been urging people to avoid the area, take buses and trains, or work from home.

On Wednesday morning, Javier Ramos inched along with his father who was driving to his weekly physical therapy appointment in an industrial area blocks from I-10 as trucks and tractor-trailers cut in and out of the traffic to get to nearby warehouses.

It had already taken them about 20 minutes to get to Sacramento Street from East Los Angeles and their GPS showed they still had 33 minutes — at least — left in their travel. Normally the trip takes 45 minutes.

“We can’t do nothing about it,” he said, adding that next week they will leave earlier.

The Federal Highway Administration, meanwhile, announced Wednesday the immediate availability of an initial installment of $3 million in emergency relief funds to offset I-10 repair costs. Caltrans district director Gloria Roberts said work was on schedule.

___

Taxin reported from Orange County, California. Associated Press writers Sophie Austin in Sacramento, California; Christopher Weber and Stefanie Dazio in Los Angeles; Jeff McMurray in Chicago; and Anisha Frizzell in Atlanta contributed to this report.

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Jury hears Manuel Ellis’ last words at trial of Washington officers accused in the Black man’s death

attorneylegalcounsel99 — Tue, 03 Oct 2023 23:07:58 +0000

TACOMA, Wash. (AP) — Jurors heard the last words of Manny Ellis, a 33-year-old Black man who was punched, shocked with a Taser, put in a chokehold and held face down, during opening statements Tuesday in the trial of three Washington police officers accused in his death.

“I can’t breathe, sir. I can’t breathe, sir. I can’t breathe,” Washington Assistant attorney General Kent Liu told jurors, describing Ellis’ last words on March 3, 2020.

“When the first paramedics arrived on the scene, they found Mr. Ellis unresponsive,” Liu said. “His eyes were fixed in place, his pupils were dilatated. Mr. Ellis stopped breathing, his body starved of oxygen. He died on the street. He died right there, right on the street.”

Ellis did not die from an overdose, Liu told the jury. He died of oxygen starvation caused by the officers.

“Four witnesses will tell you Mr. Ellis never fought back,” Liu said. “We are here today because this should not have happened. Mr. Ellis did nothing wrong.”

Officers Matthew Collins and Christopher Burbank, both white, are charged with second-degree murder and manslaughter. Officer Timothy Rankine, who is Asian American, is charged with manslaughter. All three have pleaded not guilty.

It’s the first trial under a 5-year-old Washington state law designed to make it easier to prosecute police who wrongfully use deadly force. A jury of eight men and four women was seated Monday afternoon.

Ellis, was walking home with doughnuts from a 7-Eleven that night when he passed a patrol car stopped at a red light. Collins and Burbank sat inside.

attorney Brett Purtzer, representing Burbank, said during his opening statement that the officers tried to question Ellis about attempting to get into a stranger’s car.

When Ellis approached the patrol car, he was “fixated” on Burbank, Purtzer said. Ellis told Burbank, “I’m going to punch you in the (expletive) face,” and started beating on the window, Purtzer said.

The officers got out of the car and tried to take Ellis into custody, but he threw one officer to the ground with “super-human strength,” Purtzer said.

Burbank used his Taser, but it had little effect, Purtzer said. Collins tried to hold Ellis in what Purtzer called a lateral neck restraint, “but that didn’t work.” The officers tried to get control of his arms and Burbank called for help on his radio. Other officers arrived.

Ellis was “screaming, violent and extremely high on methamphetamine,” Purtzer said. “They were exhausted after the fight. He’s still fighting, he’s still resisting so they need to put the hobbles on him. The officers are saying, ‘Don’t fight. Stop resisting,’ but Mr. Ellis is still fighting.”

Witnesses have said they did not see Ellis try to open the door of another vehicle, strike the window of the police cruiser or swung his fists at the officers.

It was the drugs coupled with his bad heart that caused Ellis’ death, Purtzer said, a defense echoed by attorney Anne Bremner who was representing Rankine.

“The evidence is undisputed that he had a large heart and compromised lungs,” Bremner told the jury. “It comes from their own medical examiner. That level of meth would have killed anybody in this room.”

The Pierce County Medical Examiner ruled the death a homicide and said it was caused by a lack of oxygen during the physical restraint.

Rankine arrived after Ellis was already handcuffed and face down. He knelt on Ellis’ upper back as the man pleaded for breath.

Bremner said Rankine did what he was trained to do. He used just enough force to restrain Ellis. He was trying to hold him down to keep him from hurting himself or anyone else, she said.

“Officer Rankine did his job,” she said. “He did it with care. He didn’t do anything wrong or criminal.”

She said Ellis was “in a state of what is called excited delirium. People can actually die of that alone.”

The term is controversial. California lawmakers are considering a bill that would prohibit “excited delirium” as a medical diagnosis or cause of death in police custody.

Bremner concluded opening statements.

Prosecutors called a video expert as their first witness. Video evidence will be key in the case against the officers.

Ellis’ sister, Monet Carter-Mixon, said earlier Tuesday that the video and witness statements will prove the officers committed a crime.

“From the beginning of this case, it was clear to me that the officers’ defense strategy would be to try and assassinate my brother’s character,” she told the Associated Press in an email. “Let’s be clear, Manny is not on trial. The focus of this case needs to be on the three Tacoma police officers and the extreme police brutality that occurred on March 3, 2020, not defaming my brother’s character when he can’t defend himself.”

The trial in Pierce County Superior Court, which will run four days a week, is expected to last until early December.

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Ad Law News And Views – September 21, 2023 – Advertising, Marketing & Branding

attorneylegalcounsel99 — Fri, 22 Sep 2023 13:53:30 +0000

Welcome back to Ad Law News and Views.

Summer Vacations, Upcoming Webinars and more!

The summer seemed to fly by. We hope your summer months were
filled with time to relax and reset. Many of our Ad Law attorneys
spent their summer vacations with loved ones in locations around
the world. We invite you to play:

GUESS THE VACATION LOCATION

Your choices are:

Selinunte, Sicily

Wellfleet, MA

Fethiye, Turkey

Keystone, SD

Hilton Head Island, SC

Adirondack Mountains, NY

Yarmouth, MA

Paris, France

Arizona River

Rehoboth Beach, DE

You may find the answers at the bottom of this newsletter.

IAPP Privacy. Security. Risk.

The IAPP PSR Conference will be held in San Diego, October 5
– 6, 2023. If you are attending the conference, we invite you
to join us at several sessions where Kelley Drye attorneys are on
the panel.

Thursday, October 5 – Generative AI: Privacy and
Ethical Considerations for Your Business, Alysa Hutnik

Thursday, October 5 – Don’t Let Your PIA be a
PITA! Reinvigorate Your Approach to Privacy Assessments,
Aaron Burstein

Friday, October 6 – A Clean Start for Marketing
and Advertising with First-Party Data, Rod
Ghaemmaghami

Friday, October 6 – Balancing the Risks and
Rewards of Consumer Location, Laura VanDruff

We also invite you to participate in a pre-conference workshop,
held on October 4 from 12:00 p.m. – 4:30 p.m. PT at the
Pendry Hotel, where we will discuss we discuss data deletion,
sensitive personal information, and data protection impact
assessments. This workshop is highly collaborative and
interactive.

REGISTER HERE

ADDITIONAL UPCOMING EVENTS

Wednesday, September 27, 2023 at 2:00 pm ET

Navigating Critical Components of any Privacy Program

Companies are prioritizing privacy now more than ever.
Understanding the many elements needed in an effective privacy
program to manage compliance and mitigate risks is vital.

Kelley Drye invites you to join us on Wednesday, September 27, from
2:00 p.m. – 3:00 p.m. for a webinar: Navigating Critical
Components of any Privacy Program. Tune in as we share practical
insights on some of the most pressing privacy program topics.

State Privacy Laws – Navigating the Onslaught of New Laws
- Where do we stand?
- What can we predict?

Sensitive Personal Information
- Legal trends
- Spotlight on particular types of SPI
- Practical tips

Data Protection Impact Assessment
- What DPIAs are and where and when they are required
- Required elements
- Essential Considerations

Data Deletion
- Right to delete
- Exceptions to deletion requirement
- Develop a retention policy

REGISTER HERE

Thursday, September 28, 2023 at 2:45 pm
PT

Embracing the Beauty of New Technologies While Avoiding
the Dangers of Data Privacy Violations

A panel of legal professionals will analyze the industry’s
response to the use of AI, ML, AR, VR technologies and the
Metaverse, identify privacy and ethics concerns associated
biometric technologies and try-on tools, explore state legislation
such as the California Consumer Privacy Act (CCPA), the Biometric
Information Privacy Act (BIPA) and related enforcement actions, and
more.

REGISTER HERE

Thursday, October 19, 2023 at 2:00 pm ET

New Hampshire attorney General’s Office

Guest Speakers:

New Hampshire attorney General John Formella

Brandon Garod, Senior Assistant attorney General, Consumer
Protection and Antitrust Bureau

REGISTER
HERE

IN THE NEWS AND LATEST UPDATES

Get these and other stories in real time when you subscribe to
the Ad Law Access blog here or visit the
Advertising and Privacy Law Resource Center here.

FTC Confirmation
Hearings Promise a Return to Bipartisanship

Those who were looking for big fireworks at yesterday’s
confirmation hearings for three FTC Commissioners were likely
disappointed by the relatively business-as-usual nature of the
proceedings. Yes, certain Senators decried the low morale at the
agency, alleged ethical breaches, continuing telework, and loss of
the FTC’s characteristic bipartisanship. However, those remarks
were not unexpected and were generally directed at Chair Lina Khan,
who was in the audience but not in the witness chair.

State AGs and CFPB Stop
Tempoe’s Rhythm

A bipartisan coalition of 42 Attorneys General, led by Iowa,
Nebraska, and Tennessee, and the Consumer Financial Protection
Bureau (CFPB) announced a $35
million settlement with
Tempoe LLC, a specialty consumer finance company. The multistate
settlement resolves claims that the company’s marketing sales
practices misled consumers that they signed up for an installment
plan or credit sale to purchase personal goods and services, when
it fact they ended up leasing the items.

FTC Recommends
Sharpening Blurred Lines When Advertising to Kids

In October, we posted about the
FTC’s day-long workshop on “Protecting Kids from Stealth
Advertising in Digital Media” and wondered what the FTC might
be planning. Last week, we got an answer when the FTC released a
“Staff Perspective” on Protecting Kids from
Stealth Advertising in Digital Media. With a foreword written
by Sam Levine, Director of the FTC’s Bureau of Consumer
Protection, the staff recommends advertisers implement five key
practices to protect kids from the harms of “stealth
advertising.”

California Just Passed
SB 362: Whatever You Think About the Merits of the Law, It’s a
Big Deal

As we’ve discussed here, data brokers
have been in the hot seat lately, with the enactment of new state
data broker registry laws, aggressive enforcement by the FTC, a looming rulemaking
by the CFPB to extend the FCRA’s reach to a broader class of
data brokers, multiple federal bills to restrict data broker sales,
and a recent meeting at
the White House to discuss “harmful data broker
practices” and provide further impetus for regulation.

Texas Court Puts Hold on
CFPB’s Use of Unfairness Authority to Include
“Discrimination”

As the Supreme Court deliberates over the Fifth Circuit’s
ruling that the CFPB’s funding method is unconstitutional,
another court in the Fifth Circuit dealt a blow to the CFPB’s
aggressive agenda. On Friday, the District Court for the Eastern
District of Texas invalidated the
Bureau’s March 2022 updates to its examination manual that
instructed CFPB examiners to determine whether financial
institutions and service providers adequately protect against
discrimination, including disparate impact. If it holds in likely
appeals, the decision could have a far-reaching impact on both the
CFPB’s and the FTC’s attempts to use their unfairness
authority to bring enforcement to remedy perceived discriminatory
practices, as well as other attempts by both agencies to broadly
interpret statutory grants of authority and use them in novel and
untested ways.

Can’t Lie About Your
AI: The FTC’s Most Recent Case with AI Allegations

The FTC is not holding its breath on whether Congress will enact
AI legislation. Instead, as we have previously reported, the FTC is
relying on its own toolkit and has warned businesses that false or
unsubstantiated claims related to AI could run afoul
of the FTC Act.

Practical Privacy:
Lessons from the Front Lines

With the continuing onslaught of state privacy laws, it’s
easy to become overwhelmed by the number of new legal obligations
while also trying to stay focused on identifying and mitigating the
most pressing legal and business risks. Over the past couple of
months, we’ve had the opportunity to meet with privacy
professionals to hear about their top challenges and offer some
practical perspectives of our own.

FDA’s Draft Guidance
on Cosmetics Registration and Listing: A Good Reminder of
End-of-Year Deadlines

Earlier this month, in a step toward implementing the
Modernization of Cosmetics Regulation Act of 2022 (MoCRA), FDA issued a draft guidance document
titled “Registration and Listing of Cosmetic Product
Facilities and Products: Guidance for Industry.” For those who
may be new to MoCRA, this legislation significantly overhauled FDA
oversight of the cosmetics industry by requiring manufacturers,
packers, and distributors, to comply with a range of new standards,
including mandatory product and facility registration, creation of
safety substantiation information, and adverse event reporting
subject to a December 2023 deadline (per the one-year timeframe set
per statute). Additional compliance measures, including issuance of
good manufacturing practices regulations, updated fragrance
allergen disclosures, and domestic contact labeling are expected in
2024 and thereafter.

FTC and Six States
Announce Settlement Over Fake Reviews and Claims

A year ago, the FTC and six states filed a lawsuit against
Roomster and its owners, alleging that they had posted “tens
of thousands of fake positive reviews to bolster their false claims
that properties listed on their Roomster platform are real,
available, and verified.” At the same time, the regulators
announced a settlement with an individual (doing business as
AppWinn) who allegedly sold Roomster many of the fake reviews.
Today, the FTC and states announced a settlement Roomster and its
owners that includes some notable provisions.

In Your Face:
Connecticut District Court Denies Motion To Dismiss in Coppertone
“FACE” Sunscreen False Ad Case

A few months ago when sun-seeking consumers were eagerly
anticipating the start of summer, we wrote about a consumer false
advertising case involving Beiersdorf’s Coppertone sunscreen
brand. In that case, plaintiff Tonya Akes, a consumer, sued
Beiersdorf, Inc., maker of Coppertone sunscreen, alleging that
Beiersdorf engaged in deception because it sold the SPF 50
Coppertone Sport Mineral Face sunscreen, which she alleges she
believed was “specifically designed” for use on the face
based on the front-of-pack claims, at twice the price as the
regular Coppertone Sport Mineral sunscreen, despite the formulas
being identical.

NAD Addresses Apples and
Oranges in Price Claims

Google recently ran two commercials for its YouTube TV service,
each of which ended with the following tagline: “More than
cable. For $600 less than cable.” A disclosure at the bottom
of the screen explained: “Annual average savings based on a
study by SmithGeiger of the published cost of comparable standalone
cable in the top 50 Nielsen DMAs, including all fees, taxes,
promotion pricing, DVR box rental and service fees, and a 2nd cable
box.”

Mounting Focus on Data
Brokers: Is More Regulation Coming?

During the past year, there’s been a flurry of regulatory
activity related to data brokers. Whether in Congress or state
legislatures, at federal agencies or the White House, many
policymakers are pushing in the direction of increased regulation.
For those not following this issue closely, here’s a snapshot
of some key developments, starting with some history.

Answers to: Guess the Vacation Location

1 – Arizona River

2 – Yarmouth, MA

3 – Paris, France

4 – Selinunte, Sicily

5 – Hilton Head Island, SC

6 – Keystone, SD

7 – Wellfleet, MA

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

The post Ad Law News And Views – September 21, 2023 – Advertising, Marketing & Branding appeared first on Attorney Legal Counsel.

NATIONAL COLUN: Trump and his minions just keep shoveling | Opinion

attorneylegalcounsel99 — Sun, 17 Sep 2023 09:39:58 +0000

Time was when getting caught in a malicious lie about a rival would have ended an American politician’s career. We no longer live that way. Just the other day, Donald Trump unleashed a torrent of falsehoods attacking President Joe Biden that would have shamed a carnival barker.

Speaking to a rally in South Dakota, Trump delivered a series of mocking claims, beginning with the allegation that the administration was using made-up jobs numbers: If you ask Trump, only 2.1 million jobs have been created during the president’s 30 months in office. The actual statistics show somewhere over 13 million jobs — along with near-record growth in GDP (Gross Domestic Product) during the recovery from the 2020 COVID slump.

Then Trump got personal. “He makes up these stories, like there’s a picture of a fighter jet … [mocking] ‘I used to be a fighter jet pilot.’ Then there’s a picture of a truck. ‘I used to drive a truck.’ The worst is, did you ever see his golf swing? He said he’s a 6-handicap! A 6-handicap is a good golfer. This guy can’t hit a ball … I think that’s the greatest lie of all, if you want to know the truth.”

Trump shakes his head in feigned disbelief as the crowd laughs and applauds. (Never mind that there’s a bestselling book by veteran sportswriter Rick Reilly called “Commander in Cheat: How Golf Explains Trump,” describing how he races down fairways in his golf cart, kicks opponents’ balls into ponds, drops his own onto the green, etc. Filled with interviews of golf pros and caddies, it’s actually quite funny.)

So is Trump’s performance, or it would be if you didn’t know — South Dakota isn’t exactly a golfing hotbed — that every single word of it is a malicious lie. Biden has never claimed to be a truck driver or a fighter pilot. Don’t you think you’d have heard?

Biden has mostly made self-deprecating jokes about his golf game, commenting that “the course record remains intact” after his initial outing as president. Back in 2018, he carried a USGA handicap of 6.7, according to Golf News Net, which is pretty good — no surprise, as Biden was an accomplished athlete as a young man. But he’s never boasted about it.

Anyway, who cares? As a politician, Trump himself is treated by audiences and reporters alike as a stand-up comic, which would be fine if he stuck to stage performances. Alas, polls show that millions of gullible Americans believe even the most absurd of his inventions. Deep-thinking pundits are writing columns about Biden’s great unpopularity, which reality-oriented blogger Kevin Drum shows is largely a function of false memories.

I like Drum because he’s an engineer by training who lives in Orange County, California, and he’s congenitally immune to inside-the-Beltway conventional wisdom. Recently he posted a graph comparing the favorability ratings of the last several presidents at the equivalent points in their respective administrations. It turns out that they all hovered in the 40s. It comes with the territory. Biden’s in no worse shape politically than Clinton, Obama or Trump.

Only George W. Bush, thanks to the strong patriotic surge in response to the 9/11 terrorist attacks, was in better shape. However, Dubya’s disastrous second term drove his approval down to 24% by 2008.

So, no, President Biden isn’t deeply unpopular with the public, and certainly not in comparison with Trump, whose negatives are markedly worse even in Fox News surveys. That said, polls mean very little at this point in the election cycle and have largely failed to predict the results in any of the last several national contests.

Remember the vaunted “red wave” in 2022? Never happened. People don’t answer their phones anymore unless they know who’s calling. The whole business of public opinion polling is an increasingly shaky enterprise.

I suspect it’s the same with the Fox News-generated Hunter Biden saga. Supposedly, a majority of Americans believes Joe Biden has violated the law in his dealings with his wayward son. Apart from not paying his taxes on time, however, it isn’t even clear what crimes the younger Biden is alleged to have committed. It’s not against the law to work for a foreign corporation, nor to drop Daddy’s name in business meetings.

If it were, there wouldn’t be a Trump in-law walking around free, much less cashing humongous checks from Saudi Arabia.

Doting father that he is, I quite doubt that Joe Biden fills out Hunter’s IRS form 1040. Nor that after decades in public life with no sign of financial impropriety, he suddenly got greedy in his 70s.

However, the Fox News imagineers appear to have persuaded millions of viewers that with all the manure they’ve shoveled, there must be a pony.

Gullible cynicism regarding politicians is always tempting. But if they go ahead and impeach the president, they’d damned well better produce that pony.

The post NATIONAL COLUN: Trump and his minions just keep shoveling | Opinion appeared first on Attorney Legal Counsel.

Todd and Julie Chrisley’s attorney wants to reduce even more time off prison sentence

attorneylegalcounsel99 — Sat, 09 Sep 2023 19:42:53 +0000

Todd and Julie Chrisley’s attorney is hopeful the couple will have their prison sentences reduced even more after some time was shaved off both of their jail time this week.

“They were able to get some time off for both of them,” lawyer Jay Surgent told People Friday. “There’s going to be the adoption of the Federal Sentencing Guidelines, changes, modifications, recommendations for reduction of sentences for nonviolent offenders.

“So [I] don’t know at this point in time, but they should be getting two points a piece for that. So that’ll further reduce their sentences.”

Surgent also said he is working on the “Chrisley Knows Best” alums’ appeals.

Todd and Julie Chrisley’s attorney is hopeful their sentences will be reduced even more.Jordan Strauss/Invision/AP

“There’s hope,” he shared. “There’s always hope, but I feel as though they have a strong appeal.”

The attorney’s comments come hours after Todd and Julie’s sentences were each shortened by more than a year, according to federal prison records obtained by Page Six Friday.

The dad of five will now be released from Florida’s Federal Prison Camp Pensacola on Jan. 22, 2033 — which is two years shy of his original 12-year sentence.

Court records previously obtained by Page Six showed the Chrisleys’ prison sentences were each reduced by more than a year.Getty Images

Meanwhile, Julie will be released from Kentucky’s Federal Medical Center Lexington on Oct. 19, 2028, 14 months short of her seven-year sentence.

In January, Todd, 54, and Julie, 50, reported to their respective prisons two months after they were sentenced for fraud and tax evasion.

For more Page Six reality TV update

Prosecutors accused the reality stars of submitting fake documents to banks when applying for loans.

Todd and Julie were sentenced to 12 and seven years, respectively, behind bars.NBCU Photo Bank/NBCUniversal via Getty Images

The mom of three was also alleged to have submitted false credit reports and bank statements when trying to rent a home in California.

The couple — who tied the knot in 1996 — were found guilty of their crimes in June 2022 and sentenced to a combined 19 years behind bars.

Since their incarceration began, Todd and Julie’s children have spoken out about how life has been for their parents behind bars.

The “Chrisleys Knows Best” alums were found guilty of fraud and tax evasion in June 2022.Getty Images

The pair’s daughter, Savannah Chrisley, recently revealed that her folks hadn’t spoken to each other since they turned themselves in.

“195 days without a word to each other…” the 26-year-old wrote on her Instagram Stories last month alongside throwback pics of her parents. “My heart is breaking…”

Todd and Julie are also parents to sons Chase, 27, and Grayson, 17. The “Growing Up Chrisley” star is also dad to daughter Lindsie, 33, and son Kyle, 32, both of whom he shares with his ex-wife, Teresa Terry.

attorney-wants-to-reduce-even-more-time-off-prison-sentence/”>Source link

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Ad Law News And Views – September 21, 2023 – Advertising, Marketing & Branding

Summer Vacations, Upcoming Webinars and more!

GUESS THE VACATION LOCATION

IAPP Privacy. Security. Risk.

REGISTER HERE

ADDITIONAL UPCOMING EVENTS

Navigating Critical Components of any Privacy Program

REGISTER HERE

Thursday, September 28, 2023 at 2:45 pm PT

Embracing the Beauty of New Technologies While Avoiding the Dangers of Data Privacy Violations

REGISTER HERE

New Hampshire attorney General’s Office

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IN THE NEWS AND LATEST UPDATES

FTC Confirmation Hearings Promise a Return to Bipartisanship

State AGs and CFPB Stop Tempoe’s Rhythm

FTC Recommends Sharpening Blurred Lines When Advertising to Kids

California Just Passed SB 362: Whatever You Think About the Merits of the Law, It’s a Big Deal

Texas Court Puts Hold on CFPB’s Use of Unfairness Authority to Include “Discrimination”

Can’t Lie About Your AI: The FTC’s Most Recent Case with AI Allegations

Practical Privacy: Lessons from the Front Lines

FDA’s Draft Guidance on Cosmetics Registration and Listing: A Good Reminder of End-of-Year Deadlines

FTC and Six States Announce Settlement Over Fake Reviews and Claims

In Your Face: Connecticut District Court Denies Motion To Dismiss in Coppertone “FACE” Sunscreen False Ad Case

NAD Addresses Apples and Oranges in Price Claims

Mounting Focus on Data Brokers: Is More Regulation Coming?

Answers to: Guess the Vacation Location

NATIONAL COLUN: Trump and his minions just keep shoveling | Opinion

Todd and Julie Chrisley’s attorney wants to reduce even more time off prison sentence

Thursday, September 28, 2023 at 2:45 pm
PT

Embracing the Beauty of New Technologies While Avoiding
the Dangers of Data Privacy Violations

REGISTER
HERE

FTC Confirmation
Hearings Promise a Return to Bipartisanship

State AGs and CFPB Stop
Tempoe’s Rhythm

FTC Recommends
Sharpening Blurred Lines When Advertising to Kids

California Just Passed
SB 362: Whatever You Think About the Merits of the Law, It’s a
Big Deal

Texas Court Puts Hold on
CFPB’s Use of Unfairness Authority to Include
“Discrimination”

Can’t Lie About Your
AI: The FTC’s Most Recent Case with AI Allegations

Practical Privacy:
Lessons from the Front Lines

FDA’s Draft Guidance
on Cosmetics Registration and Listing: A Good Reminder of
End-of-Year Deadlines

FTC and Six States
Announce Settlement Over Fake Reviews and Claims

In Your Face:
Connecticut District Court Denies Motion To Dismiss in Coppertone
“FACE” Sunscreen False Ad Case

NAD Addresses Apples and
Oranges in Price Claims

Mounting Focus on Data
Brokers: Is More Regulation Coming?