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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LOS ANGELES (AP) — Former federal prosecutor Nathan Hochman has advanced to a runoff against Los Angeles County District attorney George Gascón, one of the country’s most progressive prosecutors.

Gascón and Hochman will compete in November in the race to lead an agency that prosecutes cases in the most populous county in the U.S.

Hochman was a one-time California attorney general candidate. Running as a Republican in 2022, he lost to Democratic candidate Rob Bonta. Hochman’s district attorney campaign says he raised $2 million in his bid to unseat Gascón.

To win the primary outright in California, a candidate needs to get a 50%-plus-one vote. Anything less triggers a runoff race between the top two candidates in November regardless of party.

Political experts said Gascón was expected to advance from the nonpartisan primary but are less optimistic about his chances in the fall.

Hochman emerged from 11 challengers running against Gascón, who was elected on a criminal justice reform platform in 2020 in the wake of George Floyd’s killing by police. Gascón faced a recall attempt within his first 100 days and a second attempt later, which both failed to get on the ballot.

Hochman has tried to capitalize on voter anger over crime and homelessness, issues that led voters to unseat San Francisco District attorney Chesa Boudin in a recall election in 2022.

In his campaign ads, Hochman, a defense attorney, vowed to change the direction of the district attorney, saying: “It’s time we had a DA who fights for victims, not criminals.”

The challengers, ranging from line prosecutors in Gascón’s office to county judges to former federal prosecutors like Hochman, sought to blame Gascón and his progressive policies for widespread perceptions that the city is unsafe. They highlighted shocking footage of a series of brazen smash-and-grab robberies at luxury stores. The feeling of being unsafe is so pervasive that even the Los Angeles mayor and police chief said in January that they were working to fix the city’s image.

But while property crime increased nearly 3% within the sheriff’s jurisdiction of Los Angeles County from 2022 to 2023, violent crime decreased almost 1.5% in the same period.

During his first term, Gascón immediately imposed his campaign agenda: not seeking the death penalty; not prosecuting juveniles as adults; ending cash bail for misdemeanors and nonviolent felonies; and no longer filing enhancements triggering stiffer sentences for certain elements of crimes, repeat offenses or gang membership.

He was forced to roll back some of his biggest reforms early in his tenure, such as initially ordering the elimination of more than 100 enhancements and elevating a hate crime from misdemeanor to a felony. The move infuriated victims’ advocates, and Gascón backpedaled, restoring enhancements in cases involving children, older people and people targeted because of their race, ethnicity, sexual orientation or disability.

Hochman has vowed to reverse many or nearly all of his most progressive policies, such as his early orders to eliminate filing for sentencing enhancements.

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The post Nathan Hochman advances to Los Angeles County district attorney runoff against George Gascón – Lufkin Daily News appeared first on Attorney Legal Counsel.

LOS ANGELES — Former federal prosecutor Nathan Hochman has advanced to a runoff against Los Angeles County District attorney George Gascón, one of the country’s most progressive prosecutors.

Gascón and Hochman will compete in November in the race to lead an agency that prosecutes cases in the most populous county in the U.S.

Hochman was a one-time California attorney general candidate. Running as a Republican in 2022, he lost to Democratic candidate Rob Bonta. Hochman’s district attorney campaign says he raised $2 million in his bid to unseat Gascón.

To win the primary outright in California, a candidate needs to get a 50%-plus-one vote. Anything less triggers a runoff race between the top two candidates in November regardless of party.

Political experts said Gascón was expected to advance from the nonpartisan primary but are less optimistic about his chances in the fall.

Hochman emerged from 11 challengers running against Gascón, who was elected on a criminal justice reform platform in 2020 in the wake of George Floyd’s killing by police. Gascón faced a recall attempt within his first 100 days and a second attempt later, which both failed to get on the ballot.

Hochman has tried to capitalize on voter anger over crime and homelessness, issues that led voters to unseat San Francisco District attorney Chesa Boudin in a recall election in 2022.

In his campaign ads, Hochman, a defense attorney, vowed to change the direction of the district attorney, saying: “It’s time we had a DA who fights for victims, not criminals.”

The challengers, ranging from line prosecutors in Gascón’s office to county judges to former federal prosecutors like Hochman, sought to blame Gascón and his progressive policies for widespread perceptions that the city is unsafe. They highlighted shocking footage of a series of brazen smash-and-grab robberies at luxury stores. The feeling of being unsafe is so pervasive that even the Los Angeles mayor and police chief said in January that they were working to fix the city’s image.

But while property crime increased nearly 3% within the sheriff’s jurisdiction of Los Angeles County from 2022 to 2023, violent crime decreased almost 1.5% in the same period.

During his first term, Gascón immediately imposed his campaign agenda: not seeking the death penalty; not prosecuting juveniles as adults; ending cash bail for misdemeanors and nonviolent felonies; and no longer filing enhancements triggering stiffer sentences for certain elements of crimes, repeat offenses or gang membership.

He was forced to roll back some of his biggest reforms early in his tenure, such as initially ordering the elimination of more than 100 enhancements and elevating a hate crime from misdemeanor to a felony. The move infuriated victims’ advocates, and Gascón backpedaled, restoring enhancements in cases involving children, older people and people targeted because of their race, ethnicity, sexual orientation or disability.

Hochman has vowed to reverse many or nearly all of his most progressive policies, such as his early orders to eliminate filing for sentencing enhancements.

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As the results trickle in for the 2024 California Primary Election, data released by the San Diego Registrar of Voters allows for a closer look into how different regions of the county voted on ballot measures and in local and national races.

City of San Diego voters were asked to narrow down the field of candidates for mayor and city council this election cycle. The top two vote-getters will head to the November General Election, except in one case where a majority vote could end the race. Here’s how San Diego voted on key issues this election cycle.

Mayor Todd Gloria overwhelmingly took the lead in the race to keep his seat. He is likely to be challenged by police officer Larry Turner in the general election. The map below shows who San Diegans favored, by precinct.

In the city attorney‘s race, the only two candidates on the ballot this primary will face off again in the November General Election either way, but the map below gives insight into how San Diegans voted.

Here’s how San Diegans in District 4 voted for their next city council member. Henry Forester III was leading with a large margin over his challengers. He can avoid a runoff election if he maintains more than 50% of the vote.

Voters were asked to decide on a charter amendment that would authorize the city auditor and an audit committee to use outside legal council instead of the elected city attorney. The measure appears to have passed with more than 66% of respondents voting “yes.” Here’s the breakdown by precinct.

How many voters participated in this election county-wide?

More than 1.9 million ballots were mailed out to registered voters and the Registrar of Voters, which tracks election result data for San Diego County, estimates about 700,000 ballots were cast before the polls closed on March 5, 2024. That would be around 36% voter turnout when all the results are tallied, which could make participation for the 2024 Primary the second-highest for San Diego.

There are more than 800,000 registered Democrats in San Diego County and more than 528,800 registered Republicans. The breakdown of voter turnout by party is not yet clear.

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The post Los Angeles County's progressive district attorney leads in early results against 11 challengers – News-Press Now appeared first on Attorney Legal Counsel.

LOS ANGELES (AP) — Los Angeles County voters are set to decide next month if embattled District attorney George Gascón will remain the head of the nation’s largest prosecutor’s office in a race centered on perceptions of public safety.

Gascón, who was elected in 2020 on a criminal justice platform alongside a wave of progressive prosecutors, faces 11 challengers in the March 5 nonpartisan primary. Voting is already underway.

Gascón’s challengers say his policies are to blame for rising crime, including a series of brazen smash-and-grab robberies at luxury stores that have garnered national attention from critics who say California’s Democratic leaders are allowing lawlessness. Property crime increased nearly 3% within the sheriff’s jurisdiction of Los Angeles County from 2022 to 2023.

Violent crime, however, decreased more than 3% in the city of Los Angeles and nearly 1.5% in the county in 2023 compared to the year before. It is still above pre-pandemic levels, and the feeling of being unsafe is so pervasive that even the Los Angeles mayor and police chief said last month they are working to fix the city’s image.

“There isn’t a community, I believe, in LA County that would say things are on the right track from a crime perspective,” said Michael Bustamante, an election expert and public affairs consultant who is not involved in the race.

Gascón was elected after a summer of unrest following the police killing of George Floyd in Minneapolis.

He immediately imposed his campaign agenda: not seeking the death penalty; not prosecuting juveniles as adults; ending cash bail for misdemeanors and nonviolent felonies; and no longer filing enhancements triggering stiffer sentences for certain elements of crimes, repeat offenses or gang membership.

Gascón quickly faced backlash, including a recall attempt within his first 100 days and a second attempt later, which both failed to get on the ballot.

His challengers include local prosecutors Jonathan Hatami and Eric Siddall and former federal prosecutors Jeff Chemerinsky and Nathan Hochman, a one-time attorney general candidate, who all have garnered notable endorsements.

To win outright, a candidate must receive a 50%-plus-one vote, an unlikely outcome in the largest-ever field to seek the office. Anything less triggers a runoff race between the top two candidates in November to lead an agency made up of almost 1,000 lawyers who prosecute cases in the most populous county in the U.S.

Experts believe Gascón will survive the primary but are less optimistic about his chances in November.

“Nobody has really broken out. And with a large number of each candidate getting a decent amount of support, it could become a random thing who gets into the runoff,” said Raphael Sonenshein, executive director of The John Randolph Haynes and Dora Haynes Foundation, which focuses on social science research in Los Angeles.

The challenger field is largely campaigning on a reversal of nearly all of Gascón’s progressive policies. They’re running with a more tough-on-crime approach but are mindful of going too far for LA County’s Democratic electorate.

Chemerinsky, for example, vowed to undo almost all of Gascón’s practices but said he would keep the ban on the use of the death penalty.

Gascón’s first term has been rocky. His orders to prosecutors to stop seeking longer prison sentences and cease using sentencing enhancements, among other controversial policies, were met with immediate resistance.

The union representing rank-and-file prosecutors sued Gascón, arguing he cannot bar the use of sentencing enhancements for prior felony convictions under the state’s “three strikes” law. The California Supreme Court heard arguments last year and has not issued a ruling.

Gascón faced a slew of no-confidence votes by municipal governments across the county. Other county district attorneys took the unusual step of criticizing his policies as reckless and tried to take cases from his jurisdiction.

He also was forced to roll back some of his biggest reforms, such as initially ordering more than 100 enhancements dropped and elevating a hate crime from misdemeanor to a felony. The move infuriated victims’ advocates and Gascón backpedaled, restoring enhancements in cases involving children, elderly people and people targeted because of their race, ethnicity, sexual orientation or disability.

“I think that most of the damage to Gascón happened relatively early,” Sonenshein said.

The unions representing rank-and-file Los Angeles Police Department officers and Los Angeles County deputy sheriffs, respectively, have not publicly endorsed anyone in the primary. In 2020, both heavily opposed Gascón, a former police chief and two-term San Francisco district attorney.

The Association of Deputy District Attorneys, representing LA County prosecutors, has endorsed Siddall, its former vice president.

Hochman’s campaign said Thursday he has raised $2 million. Gascón, who got more than $12 million in contributions in 2020 — had nearly $112,000 cash-on-hand in his campaign account as of Feb. 17, according to campaign finance records. Experts said that’s a fraction of what’s needed to run a county-wide campaign.

Reports from Thursday’s filing deadline have not been made public yet.

The other candidates are David S. Milton, Debra Archuleta, Maria Ramirez, Dan Kapelovitz, Lloyd “Bobcat” Masson, John McKinney and Craig J. Mitchell.

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