BigTech & The State Attorney General

Jane Genova: Speechwriter - Ghostwriter

That's the state attorney general. After all, the litigation against BigTobacco and the companies previously in the lead paint industry began on the level of the state attorney general.   According to sources, about 12 to 20 state attorneys general could become involved in probing consumer and competitive matters related to BigTech. BigTech is under attack.    It's for many issues.

The New Superheroes - State Attorneys General Poking Around Facebook

Jane Genova: Speechwriter - Ghostwriter

New York state attorney general Letitia James is investigating Facebook.   Most recently 31 attorneys general for other states have joined her. state attorneys general who come up with something concrete against Facebook could be hailed the new kind of superhero. The old type had been those like Sheldon Whitehouse in Rhode Island. He launched the infamous RI class action lead paint public nuisance litigation.

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Sherwin-Williams, Lead Paint & Investors

Jane Genova: Speechwriter - Ghostwriter

  That was the lead paint class action public nuisance lawsuit filed in Santa Clara County, California. In 2014, three defendants were convicted of causing a public nuisance (lead paint in older housing) and ordered to pony up $1.15 That's a fairly routine arrangement and was used in the 2 Rhode Island class action lead paint public nuisance trials. Obviously, lead paint litigation is a factor investors have to monitor. It went on for 19 years. 

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U.S. Supreme Court - Taking a Look Beneath the Robes and at Power of State Attorneys General

Jane Genova: Speechwriter - Ghostwriter

He catapulted into the big time through launching, as Rhode Island attorney general, the landmark state class action public nuisance lead paint litigation. Now, other ambitious leaders of municipalities and plaintiff lawyers could also create giant leaps in their careers and branding by also involving themselves in lead paint public nuisance litigation. Now, the U.S. Supreme Court is under the microscope.    Recently, several Democrats in the U.S.

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In the Public Interest - Lawsuits as Platform to Big Time for the State Attorney General

Jane Genova: Speechwriter - Ghostwriter

Both were filed by the state attorney general. Some recall how Rhode Island attorney general Sheldon Whitehouse catapulted to fame with his lawsuit against the former lead paint companies.   Launching a high-profile lawsuit in the public interest can be a genius move for a state attorney general. Both the pelvic mesh litigation against J&J in Washington and the opioid lawsuit in Ohio regarding opioids had similarities.

2019 40

State Attorneys General Contending Public Nuisance on Side of the Angels

Jane Genova: Speechwriter - Ghostwriter

Beginning tomorrow, Johnson & Johnson will face off in court with the Oklahoma Attorney General Mike Hunter. Those AGs, dating back to Sheldon Whitehouse in the Rhode Island lead paint class action, who configure public nuisance lawsuits essentially have been hailed heroes. Most recently it was used successfully in a bench trial against former lead paint companies such as Sherwin-Williams in Santa Clara, California.

2019 40

Superhero Branding - Municipal Leaders Who Take on Former Lead Paint Companies

Jane Genova: Speechwriter - Ghostwriter

  It was the first state to win a class action public nuisance lead paint lawsuit. Many recall that the high-profile Rhode Island one had been tossed by that state's supreme court.  The question is: Will Sherwin-Williams seek to settle class action lead paint litigation as had BigTobacco? It has been represented in the class action lead paint suits by Jones Day.    MA is an ideal setting for a dramatic CA Lead Paint 2.0.

2019 40

SCOTUS Puts Decision to Review CA Public Nuisance Law in Limbo - Investors Beware, State Attorneys General Have Much to Gain

Jane Genova: Speechwriter - Ghostwriter

Both companies were convicted in a bench trial of creating a public nuisance through lead paint. If the conviction stands, they will have to pay funds to fix the health hazard of lead paint in older housing stock in designated locations in CA. When children ingest the residue of lead paint, that lead in their blood can result in medical problems such as cognitive impairment. The Wall Street Journal outed an internal memo from 1900 indicating the hazards of lead.

2018 40

Investors Listen Up: U.S. Supreme Court Refused to Review Sherwin-Williams' Public Nuisance Lead Paint Conviction

Jane Genova: Speechwriter - Ghostwriter

Supreme Court refused to review Sherwin-Williams' conviction in the Santa Clara, California public nuisance class action lead paint trial. And that means that the paint company which once manufactured and marketed lead paint is wide open territory for copycat lawsuits - both throughout CA and the rest of the nation. Those lead paint lawsuits, at the state level, could be, if won, a windfall for government. " The carnage extends beyond lead paint.

2018 40

Lead Paint Career-Maker in RI - Judge Overseeing Historic Trial Retires Today

Jane Genova: Speechwriter - Ghostwriter

Today, after 24 years serving as a judge in Rhode Island Superior Court, Silverstein is stepping down. But one whose issues continue to today had been the lead paint public nuisance class action litigation. Sherwin-Williams and two other defendants in the CA litigation are still on the hook for creating a public nuisance through lead paint. The lead paint litigation in RI was a tide that lifted the boats of many careers.

2018 40

Investors Watching Lead Paint Litigation Issues: Sherwin-Williams, Arco et al.

Jane Genova: Speechwriter - Ghostwriter

As with asbestos, litigation against the former manufacturers and sellers of lead paint could wallop stock prices. Some assumed those legal issues had bit the dust when the Rhode Island Supreme Court dismissed the state's public nuisance lawsuit. This year the huge lead paint public nuisance lawsuit - "Santa Clara v Atlantic Richfield" - will finally go to trial.

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Vice Media - Its Beef About Google's Advertising Business Could Be Documented in Federal/State Antitrust Lawsuits

Jane Genova: Speechwriter - Ghostwriter

"Both the Justice Department and a group of state attorneys general are likely to file antitrust lawsuits against Alphabet's Google - are well into planning for litigation." In Rhode Island, the state-level public nuisance class action lead paint litigation helped then attorney general Sheldon Whitehouse's journey to the U.S.

2020 40

From Sheldon Whitehouse to Mike DeWine - Public Nuisance Litigation as Platform for (extreme) Career Mobility

Jane Genova: Speechwriter - Ghostwriter

The function of the state attorney general has become one of the most powerful - and feared - in the U.S. American Company" that the state attorney general began figuring out how to get, hold, and grow power. Soon enough, security analysts began paying attention to litigation filed by the state attorney general. When I was blogging the public nuisance lead paint trial in Rhode Island, those Wall Street players called me daily.

Public Affairs - Will It Push Sherwin-Williams, Like Tobacco Companies, into a Type of Master Settement?

Jane Genova: Speechwriter - Ghostwriter

" If the answer is "no," then the door is wide open for other states, counties, and cities to file similar lawsuits alleging that the residue of lead paint in housing stock constitutes a public nuisance. Their request could range from damages to funds to render the lead paint safe. Once it's in the blood of children, the lead from the paint could cause consequences ranging from cognitive impairment to behavioral problems.

PA Lawsuit Against Uber - The Legalities & Politics

Jane Genova: Speechwriter - Ghostwriter

  Now, reports Recode : "Pennsylvania Attorney General Josh Shapiro is suing Uber for failing to disclose within a reasonable time that the company had suffered a data breach that affected 600,000 drivers globally."   It can enhance the brand - and re-electability - of a state attorney general to become associated with high-profile litigation. A ghost from Uber-Leadership-Past has come to visit.

The Voodoo of Public Nuisance - Spells Cast in California and Oklahoma

Jane Genova: Speechwriter - Ghostwriter

This morning on broadcast news the media focus was on how the Oklahoma attorney general Mike Hunter used the concept of public nuisance to bring Janssen Pharma (whose parent if Johnson & Johnson) into court. Introduced by the media was even the historical data of how this leveraging of public nuisance had first been used by state attorneys general against BigTobacco. In Rhode Island, the state Supreme Court eventually tossed it.

Public Nuisance as Monster from The Deep - Judge Keeps It in "County of Summit, OH et al. v. Purdue, et al."

Jane Genova: Speechwriter - Ghostwriter

At the top of the list could be the former lead paint manufacturers/marketers such as Sherwin-Williams.    Settlement talks between Purdue and the state attorneys general in the loop broke down over the weekend. Public nuisance first became a power tool of state attorneys general when BigTobacco had been targeted. senator Sheldon Whitehouse who had put the first major lead paint lawsuit in play in Rhode Island.

2019 40

Public Nuisance Lawsuits, The People, and Politics

Jane Genova: Speechwriter - Ghostwriter

Some lawyers may recall how the Rhode Island lead paint public nuisance class action litigation went through two trials and then a review by the state Supreme Court. One of the first to file a public nuisance lawsuit, Ohio Attorney General Mike DeWine agreed with the judge.   In RI, the universe smiled on Sheldon Whitehouse after he filed the first lead paint lawsuit when state Attorney General.

2018 40

Will stock market be long or short on Sherwin-Williams et al. Monday?

Jane Genova: Speechwriter - Ghostwriter

It's lead paint public nuisance again and that means that the stocks of the possible defendants in that litigation in California will be subject to lots of scrutiny in off-hours trading and especially on Monday.  If contingency is allowed then the Santa Clara, California lead paint public nuisance litigation could move forward to trial. 

Opioids As "Public Nuisance" - Ohio AG Lawsuit against 5 Manufacturers

Jane Genova: Speechwriter - Ghostwriter

Again, the attorney general of a state has leveraged the legal concept of public nuisance to create a major lawsuit against companies. Many of us remember how Rhode Island et al. conducted class action litigation against the former lead paint manufacturers for the alleged public nuisance created by that product. One of the defendants had been Sherwin-Williams, which law firm Jones Day represented.

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Litigation as Investment Issue: Security analysts always wary of "another tobacco"

Jane Genova: Speechwriter - Ghostwriter

The massive class-action lawsuit against the tobacco companies, filed by state attorneys general, rocked American business. "  Lead paint, which had been banned by the federal government for residential use in the 1970s, was feared to fit nicely into the groove established by plaintiff lawyers and municipal government with tobacco.  One of those being tried for allegedly creating a public nuisance through lead paint is Sherwin-Williams.

Arrogance: Not meme of 21st paradigm-shifting century

Jane Genova: Speechwriter - Ghostwriter

  A sign of the times is that the influential publication Bloomberg  features the non-arrogant attorney Gary Naftalis of Levin Naftalis & Frankel who is defending former McKinsey head Raja Gupta.    That Manhattan attorney mirrors the Providence, Rhode Island attorney John Tarantino of Adler Pollock & Sheehan who got his client ARCO off the hook in that state's lead paint public nuisance trial.

How a 1904 Ad Came Back to Bite Sherwin-Williams Where It Could Hurt for Decades

Jane Genova: Speechwriter - Ghostwriter

In 1904, the Sherwin-Williams corporation put out there an advertisement promoting its lead paint.  Supreme Court (SCOTUS) not to review Sherwin-Williams' conviction in the class action lead paint public nuisance litigation "County of Santa Clara v. If the conviction stands, then Sherwin-Williams, along with two other convicted defendants, has to pay for the process which renders the lead paint in residences non-hazardous.

2018 40

Politicos, Trial Lawyers, Unemployed - Likeability Is Inside Job

Jane Genova: Speechwriter - Ghostwriter

In the Rhode Island lead paint trial II, members of the jury, whom I interviewed, like defense attorney, John Tarantino. Long before the social media phenomenon of  'Like," journalist Hedrick Smith documented that likeability is a form of power. It's right up there with access to the brass, wealth, and title. That was all in his now-iconic late-1980s book "The Power Game."

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Dominick Dunne - Recorder of Courtroom Drama Dies

Jane Genova: Speechwriter - Ghostwriter

  That visual, gossipy, and value-laden approach changed not only legal journalism but also how attorneys, judges, plaintiffs and defendants comported themselves during trials.    Here is my ebook derived from my live-blogging the Rhode Island lead paint public nuisance trial II  Download Publicnuisancevoodoo.  Without My professional comeback as a writer piggybacked on Dominick Dunne's. 

No-Fail Media Coverage: Pick a fight with Catholic Church or have it pick a fight with you

Jane Genova: Speechwriter - Ghostwriter

  Kennedy-Townsend was Maryland Attorney General from 1995 until 2003.  Representative from Rhode Island Patrick Kennedy had the good fortune to be instructed by Catholic Bishop Tobin not to receive communion.    Lead characters like Hail Mary Full of Shit are devout Catholics.   It's that easy: Take on the Catholic Church or have it vilify you and the media spotlight its yours.    There's more. 

John Murtha Dead: More than six degrees of separation

Jane Genova: Speechwriter - Ghostwriter

  When I was live-blogging the Rhode Island lead paint trial [see that under "legal"] the defense attorneys for Sherwin-Williams were from Jones Day in downtown Pittsburgh, a few blocks from where I used to work at the former Gulf Oil, now Chevron.    The head attorney Mickey Pohl had been the Chairman of the Board of my alma mater Seton Hill. 

Our Classmates, Ourselves: Slouching toward the future through Class of '67

Jane Genova: Speechwriter - Ghostwriter

  Was it simply a situation as Rhode Island attorney John Tarantino leverages as a key argument in litigation: It was a different time.    Tarantino used that in the RI lead paint public nuisance trial, which I live-blogged, and got his client ARCO acquitted.  Being stuck usually means unfinished business from the past. 

Geezer Glory: Blossoming [way] after 50 years old

Jane Genova: Speechwriter - Ghostwriter

  Jones Day product liability attorney Mickey Pohl brought home the gold in the decade-old Rhode Island lead paint public nuisance litigation when he was past 50. Artist Carmen Herrera sold her first painting when she was 89.    Now, reports THE NEW YORK TIMES, at age 94, her work is part of the permanent collections at the Museum of Modern Art, the Hirshhorn Museum and the Tate Modern. Herrera is part of the growing list of late bloomers. 

Accidental Greek Chorus: How Google Creates That Role

Jane Genova: Speechwriter - Ghostwriter

  My compulsive interest in the Rhode Island lead paint litigation, the Mary Winkler "preacher's wife" trial for murder, and the FBI's pursuit of plaintiff attorney Dickie Scruggs set loose media interviewing me.  "You saved my life." " Several times the aging unemployed called me, sent email, or even popped for a stamp for snail mail to tell me just that. 

"Hogan v. Gawker" Mutates into "Peter Thiel v. Pierre Omidyar" - And, maybe the First Amendment has nothing to do with it

Jane Genova: Speechwriter - Ghostwriter

Pierre Omidyar, an eBay co-founder, is leading the charge to support Gawker in its appeal of a $140 million judgment. When the verdict against three defendants, including Sherwin Williams, in the Rhode Island lead paint class action public nuisance litigation was appealed to the state supreme court, there was a flood of amicus briefs supporting the plaintiff. "Two Silicon Valley billionaires with a history of bad blood are squaring off over Gawker.

2016 43

Drudge Report's Machiavellian Move and More - Best of Political Times for Students of Power

Jane Genova: Speechwriter - Ghostwriter

Attorney General Jeff Sessions. For example, when blogging the Rhode Island lead paint class action public nuisance trial, my insights about the state's political system generated assignments for other kinds of thought leadership articles and a book. The front lines of progressive lawyers and legal journalists are focused on their law-associated strategies and tactics to rid democracy of Donald Trump. Among them is Abovethelaw's lawyer-journalist Joe Patrice.

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