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☆ DeSantis' tough words may come back to haunt him in Disney lawsuit, experts say
▼ + stars: | 2023-04-28 | by ( Tom Hals | Thomson Reuters | Tom Hals Is An Award-Winning Reporter With Years Of Experience Working In Asia | ) www.reuters.com time to read: +5 min

[1/2] Florida Governor and likely 2024 Republican presidential candidate Ron DeSantis speaks as part of his Florida Blueprint tour in Pinellas Park, Florida, U.S. March 8, 2023. Disney on Wednesday sued DeSantis to prevent the state from ending the company's virtual autonomy in central Florida where it has its theme parks. Disney said DeSantis' actions amounted to a "targeted campaign of government retaliation." Disney claimed in its lawsuit that the state adopted a "targeted campaign of government retaliation — orchestrated at every step by Governor DeSantis as punishment for Disney’s protected speech." DeSantis' tough talk toward Disney is cited throughout the lawsuit, including 18 quotes referring to some form of "woke Disney."

Disney sued DeSantis on Wednesday to block a state law that created an oversight board that Disney said will interfere with billions of dollars of planned development. Disney alleges a law that imposed an oversight board was punishment for voicing opposition to DeSantis' classroom instruction law known as the Parental Rights in Education Act. The gender-education statute, derided by critics as the "Don't Say Gay" law, survived challenges in federal court before a different judge. Free speech has been central to several rulings by Walker against DeSantis, although the judge has also at times sided with the governor. Walker said Florida had become a place where the First Amendment allowed, rather than prevented, the state to limit speech.

Investors are using provisions in Delaware corporate law to demand internal Fox records to investigate how Fox's leaders acted as its Fox News network aired segments on Trump's false claims that he lost the 2020 presidential election due to voter fraud, two sources confirmed. In moves not previously reported, shareholders are looking for records such as board minutes, emails and texts that may contain evidence that Fox directors and executives were derelict by allowing the network to air the false claims. It was not clear how many Fox shareholders are pursuing information demands. Fox has argued that Dominion's case falls short of proving actual malice and its damages request is "untethered from reality." If Fox prevails in the Dominion case, the shareholders' cases would not be as strong, said Ann Lipton, a professor at Tulane University Law School.

☆ Dominion defamation trial against Fox to proceed Tuesday after delay
▼ + stars: | 2023-04-17 | by ( Helen Coster | ) www.reuters.com time to read: +5 min

Dominion sued Fox Corp and Fox News. Rupert Murdoch, the chair of Fox Corp, is set to testify during the trial, along with a parade of Fox executives and on-air hosts, including Tucker Carlson, Sean Hannity and Jeanine Pirro. Fox's filing cited a Friday email from a Dominion lawyer saying that Dominion would not pursue its lost profit claim at the trial. Davis on Wednesday sanctioned Fox News, handing Dominion a fresh chance to gather evidence after Fox withheld records until the eve of the trial. Fox has also said that Dominion cannot pin actual malice on the individuals Dominion has said were responsible for the defamatory statements.

But even if those legal efforts fail and last Friday's order by U.S. District Judge Matthew Kacsmaryk in Amarillo, Texas goes into effect, essentially rendering the drug unapproved, the U.S. Food and Drug Administration could nonetheless continue to allow access to the drug, legal experts say. The FDA, which has said it stands behind it determination that mifepristone is safe and effective, declined to comment. CONTRADICTORY RULINGSThe FDA approved mifepristone, which is the first of a two-drug regimen to terminate a pregnancy within the first 10 weeks, in 2000. Kacsmaryk put his ruling on hold until Friday to give the Biden administration, which supports access to abortion, time to pursue its appeal. 1985 PRECEDENTBut, even if the abortion pill's approval remains suspended, the FDA has precedent on its side to do nothing, legal experts said.

On Monday, Fox News and its parent company Fox Corp (FOXA.O) head to trial over Fox's coverage of false election-rigging claims. Fox News had disclaimed that Murdoch was a company officer, which shaped how Dominion litigated the case, according to Nelson. As a Fox News officer, Murdoch would likely have been subject to more probing discovery by Dominion. A Fox lawyer told the hearing in Wilmington, Delaware, that Murdoch disclosed the title in a February deposition and he called the title "honorific." Superior Court Judge Eric Davis called the delayed disclosure "bizarre" and chided Fox attorneys for having made representations that Murdoch wasn't an officer of Fox News, only to reverse on the eve of trial.

Adding to the volatile legal landscape around abortion, a federal judge in Washington state on Friday issued a seemingly conflicting injunction that prevented federal regulators from altering access to the same abortion drug. Kacsmaryk's ruling is a preliminary injunction that would essentially ban sales of mifepristone while the case by anti-abortion groups before him continues. By choosing to sue in Amarillo, the plaintiffs ensured that the case would go before Kacsmaryk, a conservative former Christian activist. Circuit Court of Appeals, which has a conservative reputation, with more than two-thirds of its judges appointed by Republican presidents. The FDA in January said that the government for the first time will allow mifepristone to be dispensed at retail pharmacies.

Companies Fox Corp FollowRupert Murdoch FollowWILMINGTON, Del, April 5 (Reuters) - Fox Corp (FOXA.O) executives Rupert and Lachlan Murdoch can be called to testify at this month's defamation trial over a $1.6 billion lawsuit claiming the media company lied about voter fraud in the 2020 U.S. presidential election, a judge said on Wednesday. Rupert Murdoch, the 92-year-old chair of Fox Corp, and his son, Lachlan Murdoch, its CEO, were not on the list of witnesses that Fox intends to make available for the trial, in a case brought by Dominion Voting Systems. Davis said Fox board member Paul Ryan, a former Republican speaker of the U.S. House of Representatives, could also be issued a trial subpoena. The judge said there was an objection by Fox to Rupert Murdoch's testimony which would probably have to be resolved at trial. The trial already features a parade of Fox's biggest on-air personalities, including Tucker Carlson, Sean Hannity and Maria Bartiromo.

On Friday, Trump, who was not charged in his company's case, lashed out at Merchan on his Truth Social platform. "The Judge 'assigned' to my Witch Hunt Case, a 'Case' that has NEVER BEEN CHARGED BEFORE, HATES ME," wrote Trump, who has launched a campaign to regain the presidency in 2024. Merchan has been a Manhattan criminal court judge since 2009 after prior stints on the state's Court of Claims, which hears cases against the state and its agencies, and family court in the Bronx. Merchan presided over the 2012 case of the so-called "Soccer Mom Madam" Anna Gristina, which garnered lurid headlines in the New York media. Gristina sued Merchan in 2021 to unseal records in her case as part of an effort to vacate her record.

Kashtanova received a copyright in September, and declared on social media that it meant artists were entitled to legal protection for their AI art projects. Copyright Office suddenly reversed itself, and Kashtanova became the first person in the country to be stripped of legal protection for AI art. A spokesperson for the copyright office declined to comment. Copyright Office, petitioned the U.S. Supreme Court and has a patent case before the U.K. Supreme Court. REUTERS/Shannon Stapleton 1 2 3 4Meanwhile, many artists and companies that own creative content fiercely oppose granting copyrights to AI owners or users.

Delaware Superior Court Judge Eric Davis denied motions from Fox and partially granted Dominion motions to resolve the issue of defamation liability ahead of the scheduled April 17 trial date. The ruling puts the high-profile case in the hands of a jury that will determine whether Fox acted with actual malice and whether Dominion suffered any damages. The judge ruled in Dominion's favor on some elements of defamation including that the allegedly defamatory statements by Fox concerned Dominion, that the statements had been published by Fox and were false. Davis, however, said in his ruling the doctrine would not shield Fox from liability, because the network did not conduct disinterested reporting. Fox faces a similar lawsuit by voting-technology company Smartmatic, which is seeking $2.7 billion in damages from Fox Corp, the cable network, Fox hosts and guests.

Delaware Superior Court Judge Eric Davis denied motions from Fox and partially granted Dominion motions to resolve the issue of defamation liability in each side's favor - summary judgment - ahead of the scheduled April 17 trial date. A jury will determine whether Fox acted with actual malice and whether Dominion suffered any damages, according to the ruling. The judge ruled in Dominion's favor on some elements of defamation including that the allegedly defamatory statements by Fox concerned Dominion, that the statements had been published by Fox and were false. Fox faces a similar lawsuit by voting-technology company Smartmatic, which is seeking $2.7 billion in damages from Fox Corp, the cable network, Fox hosts and guests. Reporting by Tom Hals in Wilmington, Delawared; editing by Jonathan Oatis and Bill BerkrotOur Standards: The Thomson Reuters Trust Principles.

[1/3] Former U.S. President Donald Trump attends his first campaign rally after announcing his candidacy for president in the 2024 election at an event in Waco, Texas, U.S., March 25, 2023. Trump has denied Daniels's claim, and his lawyer has accused Daniels, whose real name is Stephanie Clifford, of extortion. To elevate that charge to a felony, prosecutors must prove that Trump falsified records to cover up a second crime. The New York Times and NBC News reported that Trump is expected to surrender next week, citing his lawyers. If Trump for some reason decided not to come in voluntarily, prosecutors could seek to have him extradited from Florida.

California banking regulators on March 10 closed Silicon Valley Bank in the largest U.S. bank failure since the 2008 financial crisis. Kurt Gwynne, an attorney for the FDIC as receiver for Silicon Valley Bank, disputed at Tuesday's hearing that regulators had done anything improper. Destroyed SVB (Silicon Valley Bank) logo is seen in this illustration taken March 13, 2023. Glenn said he was prepared to allow SVB Financial to use up to $100 million for investment activity. Silicon Valley Bank was SVB Financial's largest asset, accounting for more than $15.5 billion of SVB Financial's $19.7 billion in total assets.

☆ Donald Trump could be charged any day - what happens next?
▼ + stars: | 2023-03-19 | by ( Joseph Ax | ) www.reuters.com time to read: +5 min

Trump has denied the affair, and his lawyer has accused Daniels, whose real name is Stephanie Clifford, of extortion. Were he charged, Trump would become the first former U.S. president to face criminal prosecution. While serving as president, Trump reimbursed Cohen for the Daniels payments, and federal prosecutors who charged Cohen said in court papers that the payments were falsely recorded as for legal services. Trump's lawyer, Joe Tacopina, told CNBC on Friday that Trump would surrender if charged. If Trump refused to come in voluntarily, prosecutors could seek to have him extradited from Florida, where he currently resides.

☆ Judge to hear final arguments in trial over Musk's $56 billion Tesla pay
▼ + stars: | 2023-02-21 | by ( Tom Hals | Thomson Reuters | Award-Winning Reporter With More Than Two Decades Of Experience In International News | ) www.reuters.com time to read: +2 min

[1/2] Tesla vehicles are shown at a Tesla service center in San Diego, California, U.S., January 13, 2023. REUTERS/Mike BlakeCompanies Tesla Inc FollowWILMINGTON, Del, Feb 21 (Reuters) - Lawyers for Elon Musk and a Tesla Inc (TSLA.O) investor will make closing arguments on Tuesday in a trial over his $56 billion pay package and whether it fueled the electric carmaker's growth or improperly subsidized Musk's dream of one day traveling to Mars. The arguments follow a five-day trial in November that featured testimony from the Tesla chief executive about the origins of the 2018 pay package and whether its performance goals were difficult to achieve and accurately described to investors. Musk, who founded rocket company SpaceX, admitted during his testimony that his pay package provided funds he would use to finance interplanetary travel. His lawyers also argued the pay plan benefited shareholders by increasing the value of their stock 10 times.

[1/2] Tesla vehicles are shown at a Tesla service center in San Diego, California, U.S., January 13, 2023. At Tuesday's closing arguments in a Delaware court, a judge pressed lawyers representing Tesla directors and the investor challenging Musk's pay over whether the company's explosive growth outweighed misleading disclosures about the pay plan in 2018. The pay package contributed to Musk's fortune, the world's second-largest, and has no comparison in the world of executive pay. Tesla investor Richard Tornetta sued Musk and the board in 2018, arguing it unjustly enriched Musk and should be voided. Attorneys for the Tesla directors argued that Tornetta never challenged the main details of the proxy that described the plan, such as the goals Musk had to meet.

The 51-year-old Fulton County district attorney will need that kind of tenacity if she decides to bring criminal charges against Trump, who is seeking the 2024 Republican presidential nomination. Willis, a Democrat, has taken an aggressive approach in the Trump investigation, subpoenaing some of his allies including Republican U.S. "It doesn't matter if you're rich, poor, Black, white, Democrat or Republican," Willis, who is Black, told CNN last year. Trump, who in November announced another run for the presidency in 2024, has denied wrongdoing and has called Willis a "Radical Left Prosecutor." To assist with the Trump investigation, Willis retained private Atlanta lawyer John Floyd, who wrote a guide on prosecuting state racketeering charges and worked with Willis on the teacher case.

That would be the kind of tenacity Willis, 51, would need if she decides to bring criminal charges against the Republican former president. Willis, a Democrat, has taken an aggressive approach in the Trump investigation, subpoenaing some of his allies including Republican U.S. To assist with the Trump investigation, Willis retained private Atlanta lawyer John Floyd, who wrote a guide on prosecuting state racketeering charges and worked with Willis on the teacher case. Willis told a judge on Jan. 24 that a decision on whether to bring criminal charges was "imminent" after a special grand jury completed its work. Portions of the grand jury's report are expected to be publicly released on Thursday, though any recommendations on criminal charges will remain sealed for now.

Jan 30 (Reuters) - A U.S. appeals court on Monday shot down Johnson & Johnson's (JNJ.N) attempt to offload tens of thousands of lawsuits over its talc products into bankruptcy court. The appeals court ruling revives those lawsuits. Monday's decision by the U.S. 3rd Circuit Court of Appeals in Philadelphia dismissed the bankruptcy filed by the J&J subsidiary in 2021. The appeals court decision could force companies considering the strategy to more carefully consider its risks, two legal experts said. The Texas two-step has garnered criticism from Democratic lawmakers in Washington, and inspired proposed legislation that would severely restrict the practice.

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Prior to Monday's agreement, judicial appointments were limited to the two major parties. He argued the major party requirement violated his right to free association under the First Amendment to the U.S. Constitution. The bare majority requirement still applies, but now that majority could consist of independents. Governor John Carney, a Democrat, had argued that the state's courts are trusted by business leaders because of the balance guaranteed by the "bare majority" rule. Reporting by Tom Hals in Wilmington, Delaware; editing by Deepa BabingtonOur Standards: The Thomson Reuters Trust Principles.

[1/2] Tesla vehicles are shown at a Tesla service center in San Diego, California, U.S., January 13, 2023. Tesla board Chair Robyn Denholm is a defendant in the lawsuit alongside Musk, Tesla and other directors. At the time of the tweets, Denholm led Tesla's audit committee, which oversees company controls meant to ensure compliance with securities law. Musk told the jury earlier this week he could have financed the potential deal from existing Tesla investors as well as a Saudi wealth fund. The "funding secured" tweet came as a surprise to him, as Goldman, which had long worked with Tesla, was not involved in the deal.

WILMINGTON, Del., Jan 25 (Reuters) - Shareholders can sue McDonald Corp's (MCD.N) former global chief people officer for the damage they claim he caused to the restaurant chain by allegedly allowing a culture of sexual harassment to flourish, according to a groundbreaking legal ruling. An attorney for shareholders declined to comment and McDonald's did not immediately respond to a request for comment. Shareholders are suing Fairhurst on behalf of McDonald's in what is known as a derivative lawsuit. Fairhurst became the global chief people officer soon after Stephen Easterbrook was named chief executive officer. Reporting by Tom Hals in Wilmington, Delaware; Editing by Bradley PerrettOur Standards: The Thomson Reuters Trust Principles.

Musk ended three days on the stand defending against claims that he defrauded investors by tweeting on Aug. 7, 2018, that he had "funding secured" to take Tesla private. The trial in San Francisco federal court is testing whether the world's second-richest person can be held liable for his sometimes impulsive use of Twitter. Musk, however, acknowledged he did not have binding agreements with investors, leaving it to the jury to decide if he misled shareholders. The Saudi fund did not immediately respond to a Reuters request for comment. But when questioned by Nicholas Porritt, a lawyer for the investors, Musk said he did not have binding agreements for financing from any interested party.

Musk is defending against claims he defrauded investors by tweeting on Aug. 7, 2018, that he had "funding secured" to take Tesla private at $420 per share, and that "investor support is confirmed." He has testified that he chose not to take Tesla private due to a lack of support from some investors and a wish to avoid a lengthy process. A jury of nine will decide whether the Tesla CEO artificially inflated the company's share price by touting the buyout's prospects, and if so by how much. In addition, Musk testified on Monday that he met on July 31, 2018, with representatives of the Public Investment Fund at Tesla's factory in Fremont, California. Musk said the fund's governor, Yasir Al-Rumayyan, later backpedaled on the commitment to take Tesla private.

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