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Marketplace Pulse reported in February that Amazon sellers are paying as much as 50% of their revenue to Amazon in fees, a point that is echoed in the FTC's suit. "Amazon also recognizes that sellers believe 'that it has become more difficult over time to be profitable on Amazon,'" the FTC filing reads. According to the filing, Amazon's ads reach 96% of Americans between the ages of 25 and 54 each month. "According to an internal Amazon study, Amazon's sellers live 'in constant fear' of Amazon arbitrarily interfering with their ability to sell on Amazon, which 'put[s] their businesses and livelihoods at risk,'" the complaint reads. "When Amazon detects elsewhere online a product that is cheaper than a seller's offer for the same product on Amazon, Amazon punishes that seller," it reads.
Persons: David Zapolsky, Zapolsky, Nessie, Douglas Farrar Organizations: Federal Trade Commission, FTC, Marketplace, Amazon, Amazon Prime
Washington CNN —In her new book “Enough,” former White House aide Cassidy Hutchinson paints the closing days of the Trump White House as even more chaotic and lawless than she previously disclosed in her shocking televised testimony last summer. “We killed Herman Cain,” Meadows told Hutchinson and asked for his wife’s phone number. Unlike White House communications director Alyssa Farah, who resigned on December 3, 2020, or deputy White House press secretary Sarah Matthews, who left on January 6, 2021, Hutchinson remained. In the summer of 2017, Trump’s first year in office, Hutchinson was an intern in Sen. Ted Cruz’s office. It turns out, Hutchinson writes, that she coordinated with Farah, who is now a CNN political commentator, telling her everything she knew.
Persons: Washington CNN —, Cassidy Hutchinson, Donald Trump, Mark Meadows, Trump, Rudy Giuliani gropes Hutchinson, Kevin McCarthy, Joe Biden, “ Cass, ” Meadows, Hutchinson, Cassidy Hutchinson's, Simon, Schuster, Meadows, , ” Hutchinson, Herman Cain, Covid, furtively, Hunter Biden, Tony Bobulinski, Mark ’ Meadows, National Intelligence John Ratcliffe, Tom Brenner, McCarthy, Ken Paxton, ” Trump, Trump . Hutchinson, Devin Nunes, “ Mark doesn’t, , Tony Ornato, Mike Flynn, Sidney Powell, Patrick Byrne, Derek Lyons, Brad Raffensperger, Pat Cipollone, Cipollone, Tony, , ” Ornato, They’re, Giuliani, Rudy Giuliani, Brendan Smialowski, Alyssa Farah, Sarah Matthews, Donald Trump’s, Hey Cass, Kimberly Guilfoyle’s, , , Kayleigh McEnany, Wisconsin Tom Brenner, Trump’s, Sen, Ted Cruz’s, didn’t, Stefan Passantino, Passantino, “ Stefan, Andrew Harnik, Farah, Liz Cheney, Jobs Organizations: Washington CNN, White, Trump White House, Trump, Capitol, White House, GOP, CNN, Secret Service, Republican National Committee, National Intelligence, Texas, Meadows, Georgia, State, Biden, Capitol Hill, Getty, Team Trump, Legislative Affairs, Press, Air Force, Texas Republican Locations: Tulsa , Oklahoma, North Carolina, Meadows, Fulton, Georgia, AFP, Russia, you’re, California, Wisconsin, Texas, Florida
The document does not mention the $68.7 billion Activision deal, which had been announced months earlier. It shows gaming revenue doubling to $36 billion in the 2030 fiscal year, compared with a forecast of $18 billion for the 2022 fiscal year. Actual fiscal 2022 gaming revenue totaled $16.23 billion, according to an annual report. And it indicated that management saw revenue from mobile transactions reaching $2.6 billion, compared with none in fiscal 2022. The total of the two categories is $4 billion, or 11% of total gaming revenue.
Persons: Jacqueline Scott Corley, Corley, Phil Spencer, Candy, Spencer, Amy Hood Organizations: Microsoft, Federal Trade Commission, Activision Blizzard, U.S, Northern, Northern District of, Activision, Twitter, Yahoo, Xbox, King Digital Entertainment, United Kingdom's, Markets Authority, Ubisoft Locations: Northern District, Northern District of California
WASHINGTON (AP) — Federal prosecutors in the case charging Donald Trump with scheming to overturn the 2020 presidential election are alleging that the former president has targeted individuals with threats, harassment and inflammatory statements, a judge said Friday. U.S. District Judge Tanya Chutkan made the revelation in an order permitting special counsel Jack Smith's team to file a redacted motion on the topic that will black out the names and identifying information of the individuals who say they have been targeted. “The history of harassment and threats towards the individuals whose information has been redacted demonstrates the real likelihood that they could suffer further intimidation upon disclosure of their identities,” Chutkan wrote. “And the government’s proposed redactions are tailored to mitigate that risk, covering only those individuals’ identifying information in a handful of instances and the witness interview transcripts.”Copyright 2023 The Associated Press. This material may not be published, broadcast, rewritten or redistributed.
Persons: Donald Trump, Tanya Chutkan, Jack Smith's, ” Chutkan Organizations: WASHINGTON, , U.S, Associated Press
The State of Oregon, representing Oregon’s public employees retirement fund, joined the New York City funds in their lawsuit against Fox. The lawsuit, which was filed in Delaware, was shared with The New York Times. It will remain under seal at the court for five days to allow time for redactions before it is made public. The board includes the media mogul Rupert Murdoch and his son Lachlan Murdoch, who control the company. Fox has faced numerous legal battles in the wake of its promotion of election conspiracy theories.
Persons: Fox, Donald J, Trump, , , Rupert Murdoch, Lachlan Murdoch Organizations: New, Fox, Fox Corporation, The New York Times, redactions, Fox News, Dominion Locations: Oregon, New York City, Delaware
A Bloomberg report did not say former U.S. President Barack Obama was late disgraced financier Jeffrey Epstein’s “middle man,” despite online posts that misrepresent the article on revelations from court filings by JPMorgan Chase and the U.S. Virgin Islands. A post on messaging platform X, formerly known as Twitter, said: “BREAKING: President Obama has been named as Jeffrey Epstein’s middle man to JP Morgan according to Bloomberg” (here). Some posts link to an Aug. 16 Bloomberg report with the headline, “Epstein Tapped JPMorgan to Help Goldman Lawyer Open Account” (here). The report mentions a “former Obama White House lawyer,” but it does not name Obama as Epstein’s so-called “middle man” to JPMorgan. A Bloomberg report did not name former U.S. President Barack Obama as Jeffrey Epstein’s “middle man” to JPMorgan.
Persons: Barack Obama, Jeffrey Epstein’s “, JPMorgan Chase, Epstein, Obama, Jeffrey Epstein’s, JP Morgan, Bloomberg ”, “ Epstein, , Kathy Ruemmler, Lesley Groff, Epstein’s, Mary Erdoes, ’ ” Erdoes, Michelle, Richard Branson, Read Organizations: Bloomberg, JPMorgan, U.S ., U.S . Virgin Islands, Reuters, Twitter, Facebook, Goldman, Obama White House, White, Free Law Locations: U.S, U.S . Virgin Islands, , British Virgin
REUTERS/Mike Acquire Licensing Rights Read moreCompanies JPMorgan Chase & Co FollowNEW YORK, Aug 15 (Reuters) - JPMorgan Chase (JPM.N) and the U.S. Virgin Islands traded new accusations this week in legal filings over their relationships with the late disgraced financier Jeffrey Epstein. The largest U.S. bank detailed how Epstein allegedly funneled hundreds of thousands of dollars in payments and loans to a former U.S. Virgin Islands governor and his wife. The territory in a separate filing cited a 2011 email from a senior JPMorgan executive about suspicious cash withdrawals by Epstein. The filing containing the U.S. Virgin Islands accusations was more than 680 pages. The U.S. Virgin Islands also failed to show that the bank committed obstruction, JPMorgan said.
Persons: JP Morgan Chase, Mike, JPMorgan Chase, Jeffrey Epstein, Epstein, John de Jongh, Cecile, John Duffy, JE, Duffy, Mary Erdoes, , Erdoes, Jonghs, USVI, JPMorgan, Nupur Anand, Tatiana Bautzer, Lananh Nguyen, David Gregorio Our Organizations: JP, Co, JPMorgan Chase, REUTERS, JPMorgan, U.S . Virgin Islands, U.S . Virgin, Thomson Locations: New York, U.S, Manhattan
A federal judge forced Twitter to pay $350,000 for initially refusing to turn over records related to Trump. Special counsel Jack Smith's team had filed a search warrant for records related to @realDonaldTrump. Circuit Court of Appeals panel later upheld a lower court's decision that protected Smith's request over Twitter's First Amendment defense. It's not clear if Twitter CEO Elon Musk was aware of Smith's search warrant. Twitter was forced to pay the $350,000 fine after the district court found that it failed to turn over the records to Smith's team by the deadline.
Persons: Twitter, Jack Smith's, Donald Trump, Smith's, Trump, Joe Biden's DOJ, Peter Carr, It's, Smith, Judge Florence Pan, Elon Musk Organizations: Trump, Service, Politico, Capitol, Twitter, Biden, of Appeals Locations: Wall, Silicon
Still, some open government and civil rights advocates are already raising concerns that the government's move toward using AI to help address FOIA problems may create new ones. So far, government agencies haven't widely disclosed to the public what kinds of AI tools are being used, and in what fashion, Marshall said. But experts widely agree the FOIA process must be modernized and fixed, as requests can sometimes take months, even years, to fulfill. An increasing number of requesters have turned to the courts for help in prying records loose in a timely manner. The state department is now testing two AI models to help process FOIA requests, Stein said.
Persons: , Jason R, Adam Marshall, Marshall, they're, Michael Sarich, Eric F, Stein, that's, There's, Bradford Brown, Brown, Mitre, Baron, Clinton, Brett Max Kaufman Organizations: State Department, Justice Department, Centers for Disease Control, NBC News, University of Maryland, Freedom, Press, Justice Department's, Information, Department of Veterans Affairs, Justice, CDC, NBC, Mitre Corp, National Archives, Records Administration, Mitre Locations:
Here's an exclusive look at the Notion document used by the startup during its fundraising process. Although fundraising in the creator economy has slowed over the last several quarters, Schwartz sees Whop as a pivot in the space. "Historically, the creator economy, at least up until maybe a year and a half ago, has been pictures and text content," Schwartz said. Instead of creating a fancy pitch deck to send off to investors, Whop's team built a deck using productivity software Notion. Check out the Notion document Whop used to raise its $17 million Series A:Note: The document Whop shared with Insider includes several redactions.
Persons: Steven Schwartz, Cameron Zoub, Schwartz, Whop's, Jack Sharkey, Zoub, Sharkey, Whop, Peter Thiel, Justin Mateen, VCs Josh Richards, Griffin Johnson Organizations: Facebook, Twitter, Insight Partners
An Australian judge ruled that a 75-year-old man had died intestate — or without a will — even though a document was found. That's because the names of beneficiaries on the will were obscured by black ink splodges. A judge in Australia ruled that a 75-year-old man had died without a will after the names of his beneficiaries were obscured by black ink on the document, according to a recent court filing. "The markings effectively obliterate the names of the executors and beneficiaries, on its face stripping the will of its essential elements," he said. Thomas wasn't married or in a domestic relationship, did not have any immediate relatives, or left any records of alternative beneficiaries.
Persons: Howard Edwin Thomas, Richard, Deborah Nightingale —, Thomas, Steven Moore, Moore, " Moore, Thomas wasn't Organizations: Supreme, Australian Financial Locations: Australian, Australia, Victoria, Melbourne
The DOJ has released a less redacted document underpinning the search warrant at Mar-a-Lago. A judge ordered the less redacted FBI affidavit's release after news organizations filed a motion for it to be unsealed. These details were redacted in the initial version of the affidavit that was released last year, shortly after the Mar-a-Lago search and before Trump was formally charged. The less redacted affidavit also lays out how investigators sought and were granted security camera footage of the area where the storage unit is located. Reinhart ordered Wednesday's release of the less redacted affidavit following a push from numerous news organizations.
Persons: Trump, , Donald Trump's Mar, Bruce Reinhart, Department's, Donald Trump, Reinhart, Waltine Organizations: DOJ, Service, Department, Justice, Wednesday, FBI, Mar, National Archives, Trump, Prosecutors Locations: Mar, Lago, Bedminster , New Jersey, Miami
June 14 (Reuters) - A U.S. congressional leader on Wednesday issued a subpoena seeking information from climate activists over antitrust issues, joining other Republicans who have criticized companies' growing concern for environmental, social and governance (ESG) matters. Ceres is a sponsor of the latter, an investor coalition aiming to convince companies to address climate change by cutting emissions or disclosing transition details. The letter included a subpoena and states Ceres did not adequately respond to a previous information request. He said membership in the coalition did not pose antitrust issues since investors chose whether to join and use the group to engage with stock issuers. It's like you and your friend deciding you want to get a burger so you go to a burger place," he said.
Persons: Jim Jordan, Ceres, Mike Boudett, Ross Kerber, Matthew Lewis Organizations: U.S, Republican, Thomson Locations: Boston
Those weaknesses were previously verified by federal cybersecurity officials, who urged election officials across the country to update their systems. Georgia election officials insist it is highly unlikely that the vulnerabilities will be exploited in real attacks. Georgia officials have dismissed the potential for these weaknesses to be exploited. But Georgia has not implemented the recommended security patch and state officials said they are waiting to do so until after 2024. The report was placed under seal by a judge “given the serious election security concerns” raised by its potential release, according to court records.
Persons: Brad Raffensperger, Mike Hassinger, ” Gabriel Sterling, Alex Halderman, , Halderman, Mitre Organizations: Washington CNN, Republican, CNN, Dominion, Systems, University of Michigan, Mitre Corp Locations: Georgia
Some 31 classified documents are at the epicenter of the Trump indictment. We can glean a lot about what Trump kept from the prosecutor's descriptions and the classification marks. There are 31 classified documents recovered by FBI agents that are at the epicenter of the case. But right after the TOP SECRET classification level, two other access codes were redacted by prosecutors. Federal prosecutors listed 31 highly sensitive documents they recovered via an FBI search of Mar-a-Lago in August, 2022.
Persons: Trump, , Donald Trump didn't, wasn't Organizations: Service, FBI, Trump, Records, US, of Justice, Prosecutors, Mar, Justice Locations: Lago, Florida
Those charges were dropped in early 2016 by the Virgin Islands Department of Justice. The filing is part of the bank's defense of a civil lawsuit by the U.S. Virgin Islands alleging JPMorgan facilitated Epstein's sex trafficking of young women. CNBC has reached out to the de Jonghs for comment through an asset management firm in the Virgin Islands where the former governor is a director. Bryan also asked $30,000 go to the Virgin Islands Little League, according to the document. "In addition to visas, some of the young women Epstein brought to the island also neededemployment," the filing noted.
WASHINGTON (Reuters) -The FBI lacked “actual evidence” to investigate Donald Trump’s 2016 presidential campaign and relied too heavily on tips provided by Trump’s political opponents to fuel the probe, U.S. Special Counsel John Durham concluded in a report released on Monday. FILE PHOTO: U.S. Republican presidential nominee Donald Trump speaks at his final campaign event at the Devos Place in Grand Rapids, Michigan, U.S. November 8, 2016. That Crossfire Hurricane investigation would later be handed over to Special Counsel Robert Mueller, who in March 2019 concluded there was no evidence of a criminal conspiracy between Trump’s 2016 campaign and Russia. In his new 306-page report, Durham concluded that U.S. intelligence and law enforcement did not possess any “actual evidence” of collusion between Trump’s campaign and Russia prior to launching Crossfire Hurricane. He also accused the bureau of treating the 2016 Trump probe differently from other politically sensitive investigations, including several involving Trump’s Democratic rival Hillary Clinton.
John Durham, the Trump-era special counsel who for four years has pursued a politically fraught investigation into the Russia inquiry, accused the F.B.I. of a “lack of analytical rigor” in a final report made public on Monday that examined the bureau’s investigation into whether the 2016 Trump campaign was conspiring with Moscow. Mr. Durham’s 306-page report appeared to show little substantial new information about the F.B.I.’s handling of the Russia investigation, known as Crossfire Hurricane, and it failed to produce the kinds of blockbuster revelations impugning the bureau that former President Donald J. Trump and his allies had once suggested that Mr. Durham would find. Instead, the report — released without substantive comment or redactions by Attorney General Merrick B. Garland — repeated previously exposed flaws in the inquiry, including from a 2019 inspector general report, while concluding that the F.B.I. suffered from a confirmation bias as it pursued leads about Mr. Trump’s ties to Russia.
“Strzok, at a minimum, had pronounced hostile feelings toward Trump,” Durham wrote, while quoting in a footnote previously known texts between Strzok and Lisa Page, then an FBI attorney. Witness testimony exposed the FBI’s overreliance on the dossier as it sought court approval to wiretap a former Trump campaign adviser in 2016. Mixed results over 3+ yearsBarr tapped Durham in 2019 to review the origins of the Russia probe, and the scope of Durham’s work grew over the years. Former special counsel Robert Mueller’s investigation, which inherited the initial Russia probe, released a detailed accounting of Russia’s effort to interfere in the 2016 election. Mueller found no evidence of a conspiracy between the Trump campaign and Russia, but investigators documented numerous contacts between Trump associates and Russians.
House Judiciary Committee Chair Jim Jordan, R-Ohio, threatened enforcement action against Google that could include holding the company in contempt of Congress for failing to produce documents the committee subpoenaed to learn about tech company communications with the Biden administration. Jordan requested the companies comply by March 23. Congress can hold individuals in contempt for refusing to provide information requested by a committee. Alphabet didn't assert that those redactions included privileged information, according to Jordan, and the committee requires unredacted documents to be handed over. But those documents have yet to include an "appreciable volume" of several types of communications the committee assumes Google would have.
Negotiating Financing Provisions in Mergers
  + stars: | 2023-05-01 | by ( ) www.reuters.com   time to read: +47 min
(For the complete version of this resource, which includes initial considerations and questions counsel should ask when drafting and negotiating financing provisions in merger agreements, see Drafting and Negotiating Financing Provisions in Mergers on Practical Law.) For a private placement under Rule 144A, the financing parties may offer some flexibility regarding the required financing statements. The term refers collectively to provisions that benefit debt financing parties by limiting their liability in an acquisition financing, including provisions that provide for:No recourse to the financing parties. The target company has no recourse against the financing parties and cannot pursue litigation against the financing parties directly. The financing parties are third-party beneficiaries of the Xerox provisions to permit the financing parties to enforce their rights under the merger agreement.
The New York Times and a consortium of media organizations are asking a judge to rule whether Fox News improperly redacted portions of texts and email exchanges that were introduced as evidence in Dominion Voting Systems’ defamation lawsuit against the network. Dominion and Fox settled the case last month for $787.5 million, in what is believed to be the largest out-of-court payout in a defamation case. But left unaddressed was a legal challenge filed by The Times in January that sought to unseal some of what Fox and Dominion had marked as confidential in their legal filings. On Monday, a lawyer representing The Times wrote to Judge Eric M. Davis of Delaware Superior Court saying that the issue was not moot simply because the case had been settled. There is strong legal precedent, the letter said, affirming the public’s right to understand what unfolded in cases that are resolved before they go to trial.
On that unredacted form, Kacsmaryk reported owning about $2.9 million in stock in the Florida-based supermarket company Publix. Federal judges are only required to report financial holdings in ranges, and don’t have to provide exact figures. One possible source of the Publix stock Kacsmaryk reported in 2017 is the judge’s grandmother. In 2020 and 2021, less than 4% of officials required to file judicial financial disclosures requested redaction, according to reports from the Administrative Office of the US Courts. In any case, experts said, the judge’s redacted report prevents transparency that litigants deserve.
NEW YORK, April 12 (Reuters) - A new version of a lawsuit accusing JPMorgan Chase & Co (JPM.N) of aiding in Jeffrey Epstein's sex trafficking includes claims that the bank ignored pleas to cut ties with the financier, and that someone joked about whether Epstein knew Miley Cyrus. In a complaint made public on Wednesday, the U.S. Virgin Islands said JPMorgan compliance officials urged the bank to sever ties with Epstein years before it did so in 2013. The cases in the U.S. District Court, Southern District of New York are: Jane Doe 1 v JPMorgan Chase & Co, No. 22-10019; Government of the U.S. Virgin Islands v JPMorgan Chase Bank NA, No. 22-10904; and JPMorgan Chase Bank NA v Staley, in Nos.
The theories so farA new Netflix documentary about the plane, "MH370: The Plane That Disappeared," was released in March 2023. The show's director called the plane's disappearance "the greatest aviation mystery of all time." But the July 2018 report had offered evidence against the idea that it was a deliberate act by the crew. But Australia's former prime minister, Tony Abbott, said in 2020 that the plane's disappearance was "almost certainly murder-suicide by the pilot." But the 2018 report said there was no technology on the plane that would allow control to be taken from the pilots remotely.
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