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. That probe is separate from those being conducted by the DOJ and FTC.

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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, the U.S. Supreme Court is under the microscope.    Recently, several Democrats in the U.S. Senate issued a brief. It indicates concern about the alleged political nature of SCOTUS and recommends a review of its structure and how justices are appointed. Here is that brief.

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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.

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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. Among what will be on trial is the legal concept of public nuisance as applied to the opioid epidemic.

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

That's the kind of "smoking gun" which, for example, other state attorneys general could leverage in class action public nuisance lead paint litigation.  Instead they can sell this kind of litigation to state attorneys general and others. Those state attorneys general who initiate such a lawsuit in the public interest can enhance their brand - and political futures. Increasingly, it looks like the U.S.

2018 40

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.

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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.

More on School for Scandal.

Jane Genova: Speechwriter - Ghostwriter

Paul's School in Rhode Island. Last July, RI's state attorney general's office commenced an investigation of alleged sexual abuse. Long before sexual misconduct allegations rocked the entertainment and media worlds, they shook up elite prep schools. Among them had been St. That dated back to 1948. Let's face it: Those insulated institutions are usually tucked away in rural areas. It's all too easy for faculty and administrators to influence the students.

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

Jane Genova: Speechwriter - Ghostwriter

State attorneys general, such as Rhode Island's Sheldon Whitehouse who is now a U.S. Back in the 1990s, state attorneys general faced a similar situation of a public health hazard with tobacco. It was between 46 state attorneys general, five U.S. Full Disclosure: I blogged the Rhode Island 2005-2006 class action lead paint public nuisance jury trial. Sherwin-Williams and its legal team at Jones Day are waiting to find out if the U.S.

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

Jane Genova: Speechwriter - Ghostwriter

Many recall that the high-profile Rhode Island one had been tossed by that state's supreme court.  senator Sheldon Whitehouse had been the state attorney general filing the now-historic RI lead paint class action. The op-ed for WBUR urges Massachusetts to follow the example of California. Of course, CA is always a kind of pioneer.    It was the first state to win a class action public nuisance lead paint lawsuit.

2019 40

Sherwin-Williams, Lead Paint & Investors

Jane Genova: Speechwriter - Ghostwriter

That's a fairly routine arrangement and was used in the 2 Rhode Island class action lead paint public nuisance trials. This all began when state attorneys general and plaintiff lawyers conjured up that approach against the tobacco industry. It went on for 19 years.    That was the lead paint class action public nuisance lawsuit filed in Santa Clara County, California.

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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

  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.   Later it was leveled by the combination of state attorneys general and plaintiff lawyers operating on a contingency basis against corporations which had been in the residential lead paint loop. At the time he was the attorney general.

2019 40

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.

Lead-Poisoned Children - Public Policy/Public Relations Had Ruled Out That Possibility

Jane Genova: Speechwriter - Ghostwriter

  In other states, ranging from Rhode Island to California, the state attorneys general, frequently working on contingency with plaintiff law firm Motley Rice , sued former lead paint manufacturers and marketers for allegedly causing a public nuisance. Given this current tragedy in NYC public housing, NY state attorney general Barbara Underwood and Motley Rice can ride in as white knights, leveraging legal tools to address this problem. 

2018 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

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

Jane Genova: Speechwriter - Ghostwriter

Some assumed those legal issues had bit the dust when the Rhode Island Supreme Court dismissed the state's public nuisance lawsuit. Meanwhile, over in Wisconsin, attorney Peter Earle has filed a lawsuit, reports the JOURNAL SENTINEL , to declare the provision of the state budget unconstitutional which interferes with litigation against the former lead paint companies. 

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

Jane Genova: Speechwriter - Ghostwriter

  When I was covering the Rhode Island lead paint public nuisance litigation the plaintiffs in California contacted me about sending them some of the briefs.    In their ruling tossing the Rhode Island lead paint public nuisance litigation, that state's Supreme Court did not forbid the use of contingency Download Statev.LeadIndustriesAssoc.,Inc.

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

Jane Genova: Speechwriter - Ghostwriter

In Ohio, where the opioid epidemic can't be contained, the attorney general had already filed a public nuisance lawsuit about pharmaceutical companies.   Full Disclosure: I had blogged the Rhode Island lead paint public nuisance class action litigation (2005-2006). It's a very dark day for Sherwin-Williams. And its stock price reflects that. The shorts could move in. Investors have to pay close attention. Today, the U.S.

2018 40

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.

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.   Here is the ruling from the Rhode Island Supreme Court when the lead paint public nuisance long-running litigation was dismissed there  Download Statev.LeadIndustriesAssoc.,Inc.

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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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.  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.  The death  of John Murtha shouldn't have been on my radar screen. 

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. 

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.   The state attorney general who originally filed the case - Sheldon Whitehouse - is now a U.S. He is a dead-ringer for those judges from central casting who would appear in those old-line afternoon soap operas. Michael A. Silverstein is tall, has a thick mop of white hair, a deep voice, and New England patrician bearing.

2018 40

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

Jane Genova: Speechwriter - Ghostwriter

About a decade ago, in Rhode Island, that state's supreme court had thrown out the class action public nuisance lead paint lawsuits, but only after two jury trials. Yesterday's media coverage, which started out in The Wall Street Journal , about the ad and the internal memo could send a signal to the plaintiff bar to become aggressive in approaching state attorneys general about filing lawsuits modeled after the successful CA one.

2018 40

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.  Being stuck usually means unfinished business from the past.    Parts of the business woman in me [as opposed to the writer who keeps taking great leaps forward] have been mighty stuck. 

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

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. At the hearing before that court, some justices were sarcastic with the plaintiff's attorney hired on contingency (Motley Rice). "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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