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. 

Lead 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

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Sherwin Williams, PPG - The Story of Lead Paint Isn't Dead

Jane Genova: Speechwriter - Ghostwriter

Environmentalists are again focusing on the toxic effects of lead paint. Only, at the current time, the lead paint issue isn't in the U.S. companies selling that lead paint in locations ranging from Africa to Asia will create an international crisis. Sherwin Williams has been sued a number of times for the manufacture and sale of lead paint in the U.S. If they are covered with lead paint and the child ingests that, there could be severe medical consequences.

2016 43

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

Jane Genova: Speechwriter - Ghostwriter

"City officials (in New York City] revealed Thursday there were 1,375 positive lead poisoning tests in children since 2012 in NYCHA (public housing) - the first complete figures in the widening scandal."  Lead paint, banned for residential use in the late 1970s, still exists in older housing stock. Since young children mouth everything, if the lead paint is present under the layers of other kinds of paint, there is extreme danger.

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

CA Supreme Court Won't Reviw Lead Paint Public Nuisance Conviction - Grim Implications

Jane Genova: Speechwriter - Ghostwriter

"In a split decision, the California Supreme Court on Wednesday [this week] declined to review a state appeals court ruling against major manufacturers of lead paint that held them liable for hundreds of millions of dollars in remediation costs."  This refusal of review represents a major setback for the three defendants in the class action lead paint public nuisance litigation in CA.

2018 40

Intersection of Court of Public Opinion, Court of Law - Sherwin-Williams and Lead Paint

Jane Genova: Speechwriter - Ghostwriter

The "it" is the filing of lead paint public nuisance lawsuits by other municipalities when it looked like the U.S.   As many recognized, the odds against the SCOTUS review increased when The Wall Street Journal outed that a 1900 internal memo at Sherwin-Williams acknowledged the danger in lead paint. Yet, not long after, Sherwin-Williams published an advertisement promoting lead paint for residential use.

2018 43

Sherwin-Williams, Lead Paint, "Santa Clara" Trial Starting July 15, 2013

Jane Genova: Speechwriter - Ghostwriter

The elephant in the room when it comes to Sherwin-Williams is how much the latest trial over lead paint will hurt its brand.  Back in the late 1990s and until the Rhode Island Supreme Court tossed the litigation, the Sherwin-Williams brand took major hits.  Can this court room drama and all the media coverage unleash again grassroots antipathy toward the currently respected company which at one time made and sold lead paint? 

2013 43

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.

CA 47

The New Superheroes - State Attorneys General Poking Around Facebook

Jane Genova: Speechwriter - Ghostwriter

The old type had been those like Sheldon Whitehouse in Rhode Island. He launched the infamous RI class action lead paint public nuisance litigation. New York state attorney general Letitia James is investigating Facebook. That probe is separate from those being conducted by the DOJ and FTC. Essentially, James is looking at whether Facebook, reports TechCrunch , endangers consumer data, reduces consumer choices, and/or increases prices for advertising. 

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

Jane Genova: Speechwriter - Ghostwriter

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. "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." " - Brent Kendall and John McKinnon, The Wall Street Journal , May 15, 2020.    The focus is two-fold.

2020 40

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.

2019 43

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.

BigTech & The State Attorney General

Jane Genova: Speechwriter - Ghostwriter

After all, the litigation against BigTobacco and the companies previously in the lead paint industry began on the level of the state attorney general. For instance, when he was attorney general in Rhode Island Sheldon Whitehouse kicked off the iconic lead paint class action public nuisance litigation against companies such as Sherwin-Williams. BigTech is under attack.    It's for many issues.

PA Lawsuit Against Uber - The Legalities & Politics

Jane Genova: Speechwriter - Ghostwriter

In Rhode Island, filing a class action public nuisance lawsuit about four former lead paint manufacturers/marketers helped make the brandname of AG Sheldon Whitehouse prominent. A ghost from Uber-Leadership-Past has come to visit. Travis Kalanick was in charge in 2016 when Uber was hacked but there was no public announcement. About 57 million users were affection. 

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

Jane Genova: Speechwriter - Ghostwriter

Some recall how Rhode Island attorney general Sheldon Whitehouse catapulted to fame with his lawsuit against the former lead paint companies. Both the pelvic mesh litigation against J&J in Washington and the opioid lawsuit in Ohio regarding opioids had similarities. Both were filed by the state attorney general. In WA that was Bob Ferguson. In OH it was Mike DeWine who later successfully ran for state governor.

2019 40

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

Jane Genova: Speechwriter - Ghostwriter

When I was blogging the public nuisance lead paint trial in Rhode Island, those Wall Street players called me daily. So was then attorney general Sheldon Whitehouse in the original RI lead paint public nuisance litigation. The function of the state attorney general has become one of the most powerful - and feared - in the U.S. On Law.com , Sue Reisinger documents that.

Nuisance Law Used Against U.S. Catholic Church

Jane Genova: Speechwriter - Ghostwriter

Many have become all too familiar with public nuisance law through the class action lawsuits against former lead  paint manufactures such as Sherwin-Williams. It took years before public nuisance law, applied to lead paint, resulted in a conviction that survived the appeal process. In Rhode Island, the state supreme court threw out the whole case.

"Edwin Hardeman v. Monsanto" Could Be Bayer Investor Nightmare

Jane Genova: Speechwriter - Ghostwriter

When Sherwin-Williams was found guilty in February 2006 of creating a public nuisance in the Rhode Island class action lead paint trial its stock plummeted.  "Edwin Hardeman v. Monsanto" is the first lawsuit to have been tried in the multidistrict litigation. The plaintiffs contend that herbicide Roundup causes non-Hodgkin lymphoma in human beings.    The parent company of Monsanto is Bayer. Here is a summary of the complaint.

2019 40

Ronan Farrow, et al. - Being "Threatened" BigBrand Builder

Jane Genova: Speechwriter - Ghostwriter

  When I was blogging the Rhode Island lead paint trial (November 2005 - February 2006), I received an email threat to stop mentioning a judge in Pennsylvania. Ronan Farrow has embraced investigative journalism. And, like another investigative journalist - Gabriel Sherman - he got very lucky. The celebrity he was exposing allegedly  triggered threats. In itself that alleged development creates the platform for building the BigBrand for the journalist. 

Artificial Intelligence in Services - Allstate's Smart Public Relations

Jane Genova: Speechwriter - Ghostwriter

Way back in 2005, when I was blogging the Rhode Island lead paint trial, there were former full-time journalists covering the courtroom action as "stringers" (gig workers) in order to pick up some extra money. Tom Wilson, chief executive officer at Allstate, predicts that artificial intelligence (AI) will have the force of a tsunami in services. Here he is quoted in Fortune. But, in this era of Cruel Capitalism, Allstate has made a smart move.

2018 43

"People V. ARCO" - Implications For Sherwin-Williams' Investors, Branding

Jane Genova: Speechwriter - Ghostwriter

The threat of lead-paint public nuisance litigation to investors of Sherwin-Williams seemed to have abated (pun intended). Sherwin-Williams was among the three defendants in the Rhode Island lead paint public nuisance lawsuit which had been let off the hook by the state's supreme court - Download Statev.LeadIndustriesAssoc.,Inc. But, from the get-go, another state-level lead paint public nuisance lawsuit - "People v.

2015 59

Recovery & Unintended Consequences: Can get into my skinny jeans

Jane Genova: Speechwriter - Ghostwriter

  That was the skinny jeans I hadn't been able to fit into since 2006 when the Rhode Island lead paint trial was over and I finished being in a courtroom blogging it for four months. No one I know isn't busy trying to keep up with all the new business coming in.      For once in years, many of us have a backlog. An unintended consequence of too much work is that my metabolism seems to be racing. 

Talking LIke A Lawyer - That Involves Judgment Call

Jane Genova: Speechwriter - Ghostwriter

In the historic Rhode Island lead paint trial 2005-2006, John Tarantino, lawyer representing ARCO, presented himself as a kind of Mr. Smith Goes to Washington. In   The Washington Post , David Neigel observes that during the second debate, Yale JD, Hillary Clinton, talked like a lawyer. 

2016 47

Laura Ellsworth & Linda McMahon Template

Jane Genova: Speechwriter - Ghostwriter

  I first encountered Ellsworth when I was blogging the Rhode Island lead paint class action public nuisance second trial (November 1, 2005 - February 22, 2006). At the time, the litigation was high profile because corporations feared that lead paint could become The Next Tobacco.  When I received an email requesting donations for Laura Ellsworth's campaign for Pennsylvania governor, I thought: She's doing a Linda McMahon.

2018 43

Domestic Flashpoints - Too Many Ending in Suicide-Murders

Jane Genova: Speechwriter - Ghostwriter

  I recall interviewing the jurors for the Rhode Island lead paint trial (November 1, 2005 to February 22, 2006). The residue of lead paint was a poison from within.  Yet another domestic murder-suicide has occurred. This method of dealing with a problem or chronic stress within a group living together has become contagious. 

2018 40

No, Cleveland, we don't have a problem

Jane Genova: Speechwriter - Ghostwriter

  Today the California Supreme Court ruled to allow contingency in the Santa Clara lead paint public nuisance lawsuit.   The last time it had been involved in that sort of thing was Rhode Island and the stock gyrated.  Does the market assume that lead paint public nuisance litigation is no longer a wild card but one Sherwin-Williams and its law firm Jones Day can manage wisely and well?  The stock market has become legally sophisticated. 

Facebook - Why Isn't Its Reputation Restoration Going Better?

Jane Genova: Speechwriter - Ghostwriter

The defendants in the Rhode Island lead paint litigation, including Sherwin-Williams, had Prism Public Affairs, based in Washington D.C.  Later, Prism merged with Rasky Baerlein which handled the lead paint defendants' public affairs in CA litigation. No smart corporations go into legal-generated controversies without top of the line public affairs representation.

2018 40

America Grows Up - Optimism Goes Lite

Jane Genova: Speechwriter - Ghostwriter

The Rhode Island Supreme Court tossed the class action lead paint public nuisance long-running lawsuit.   In Santa Clara, California, there was pending another class action lead paint public nuisance lawsuit. Here are details from Anthony J. Sebok. The lawyers, including those from Jones Day, and the defendants, including Sherwin-Williams, were mighty pleased.

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

Jane Genova: Speechwriter - Ghostwriter

As many know, public nuisance litigation succeeded in Santa Clara, California against former lead paint manufacturers/marketers.   The CA bench trial was, one might say, the big bang in public nuisance because previously class action public nuisance litigation regarding the vestiges of lead paint had failed. In Rhode Island, the state Supreme Court eventually tossed it. senator Sheldon Whitehouse who introduced that lead paint class action litigation in RI.

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. 

BOSTON HERALD offering buyouts - Hard times continue for newspapers

Jane Genova: Speechwriter - Ghostwriter

  When I was blogging the Rhode Island lead paint trial, from November 2005 though February 2006, a print stringer from BLOOMBERG was also covering it.  Yet again, the BOSTON HERALD is offering buyouts.    They're being extended to all employees who have until July 1 to decide.    After that, layoffs could take place.    For those who opt out or get cut this could mean the end of a career. 

Thought Leadership - At The Time, It Was The Right Decision

Jane Genova: Speechwriter - Ghostwriter

The recent classic example of that was the manufacturing, marketing, and selling of lead paint by companies such as Sherwin-Williams. The Rhode Island Supreme Court tossed the class-action lawsuit against Sherwin-Williams, et al. "Father, forgive me. My sin, and it is hurting the company, is that I have defaulted into apology. Yet, at the time, and given our strategy, the decisions were right on the money.

2014 53

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.    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. senator Sheldon Whitehouse who had put the first major lead paint lawsuit in play in Rhode Island.

2019 40

C-Span: We need Christopher Hitchens for this one

Jane Genova: Speechwriter - Ghostwriter

"  Incidentally, when I was live-blogging the Rhode Island lead paint trial, I was stunned that God was also invoked as court was called into session. The non-stop coverage of Congress on C-Span brings to light how much the deity we call "God" is invoked in government.    Should this be?    After all there is supposed to be separation of church and state. 

State Attorneys General Contending Public Nuisance on Side of the Angels

Jane Genova: Speechwriter - Ghostwriter

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. Currently, public nuisance is being argued in the filing of lawsuits related to lead paint in Pennsylvania.

2019 40

Shifting Memes - What Could Become the "Next Tobacco"

Jane Genova: Speechwriter - Ghostwriter

When I was blogging the iconic Rhode Island lead paint public nuisance class action trial, the formal public relations focused on advocacy.   The defendants promoted public policies such that the landlords were responsible for making the residue of lead paint safe. Supreme Court refused to review the conviction of the defendants, including Sherwin-Williams, in the west coast version of a lead paint public nuisance class action lawsuit.

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.   In RI, the universe smiled on Sheldon Whitehouse after he filed the first lead paint lawsuit when state Attorney General.

2018 40

Old White Men & Power - Harvey Weinstein Is Symbol of Widespread Oppression

Jane Genova: Speechwriter - Ghostwriter

That's what I observed at the Rhode Island lead paint litigation in 2006. Harvey Weinstein has captured headlines as a symbol of the power of old white men. But, there are plenty more where he sowed his destruction. Even at the level of a small town, those old white men make life miserable for many, especially women. Here  in Austintown, Ohio, they seemed to rule over a Sunday night recovery meeting. First, I sought a solution. Then, I simply stopped attending.

2017 43

All Those Designer Babies - LIfe Has Gotten Even More Unfair

Jane Genova: Speechwriter - Ghostwriter

The late mayor of Providence, Rhode Island-Buddy Cianci-used to lament that he was not a "member of the Lucky Sperm Club." There are others, observing this phenomenon, who have concerns what these new kinds of "family" relationships will lead to-socially, emotionally, medically, and spiritually.  In the U.S., the fertility industry has a growing footprint. According to the CDC, 12% of women have used it.

2017 40

Water water everywhere: But, good luck getting to the ocean on summer weekends

Jane Genova: Speechwriter - Ghostwriter

 To the North are Westerly, Rhode Island, Cape Cod, and, for those hearty souls who don't mind travel, wonderful views of exotic ocean-dwelling creatures in Maine.  It was impossible to even get moving on I-91 South which leads into I-95 to Westerly. We in Connecticut are blessed.  To the south are the Jersey Shore and the Hamptons.

Contingency Business Model - The Great Rebranding

Jane Genova: Speechwriter - Ghostwriter

The classic example had been Motley Rice's decision to assist the state of Rhode Island in its class action public nuisance lead paint complaint against companies such as Sherwin-Williams. It's obvious that BigLaw has not recovered from The Crash. Litigation is flat. In addition transactional revenues could derail off the growth curve if the value of deals continues to decline. Lawyer-journalist Joe Patrice warns about that scary scenario on Abovethelaw.com.

2017 40

Sabbaticals? - Not if you don't want to get rusty

Jane Genova: Speechwriter - Ghostwriter

  Mine will likely be in Rhode Island.    Being away from our craft inevitably leads us to become rusty. For Remember when former Apple Chief Executive Officer John Sculley took his high-profile sabbatical?    Well, to make a long story short, he returned to eventually losing his job.    That was light years ago.    Today, with the economy so turbulent, it's even more perilous to take a time out.