Tag Archives: legal action

Dominion Sues MyPillow, CEO Mike Lindell Over Election Claims

WASHINGTON—One of the largest makers of voting machines in the U.S. on Monday sued a prominent supporter of former President Donald Trump, alleging that the businessman had defamed the company with false accusations that it had rigged the 2020 election for Joe Biden.

Dominion Voting Systems sued Mike Lindell, chief executive of Minnesota-based MyPillow Inc., and his company in the U.S. District Court for the District of Columbia, seeking more than $1.3 billion in damages.

In its complaint, the company cites a number of statements made by Mr. Lindell, including in media appearances, social-media posts, and a two-hour film claiming to prove widespread election fraud. Mr. Lindell said he helped produce the film, which he released online in early February.

The complaint alleges that Mr. Lindell made false claims about the integrity of Dominion’s voting machines and that he knew no credible evidence supported his claims that the company had stolen the election from Mr. Trump—what Dominion has called the “Big Lie.”

“He is well aware of the independent audits and paper ballot recounts conclusively disproving the Big Lie,” the complaint states. “But Lindell…sells the lie to this day because the lie sells pillows.”

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Hacker Claims to Have Stolen Files Belonging to Prominent Law Firm Jones Day

A hacker claims to have stolen files belonging to the global law firm Jones Day and posted many of them on the dark web.

Jones Day has many prominent clients, including former President Donald Trump and major corporations.

Jones Day, in a statement, disputed that its network has been breached. The statement said that a file-sharing company that it has used was recently compromised and had information taken. Jones Day said it continues to investigate the breach and will continue to be in discussion with affected clients and appropriate authorities.

The posting by a person who self-identified as the hacker, which goes by the name Clop, includes a few individual documents that are easily reviewed by the public, including by The Wall Street Journal. One memo is to a judge and is marked “confidential mediation brief,” another is a cover letter for enclosed “confidential documents.” The Journal couldn’t immediately confirm their authenticity.

The Journal was able to see the existence of many more files—mammoth in size—also purported to belong to Jones Day, posted by the hacker on the so-called dark web. Hackers typically post such stolen information after the hacked entity fails to pay a ransom. The Journal was able to contact the hacker using an email on its blog.

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More Proud Boys Arrested on Capitol-Riot Conspiracy Charges

Several alleged members of the far-right Proud Boys were arrested Thursday on conspiracy and other charges for their alleged involvement in the U.S. Capitol riot, as prosecutors continue to home in on far-right groups and examine what planning might have gone into the attack.

Kansas resident William Chrestman and four others were arrested in Missouri and Arizona, authorities said, describing in two complaints allegations that the five people coordinated their efforts to advance together onto the Capitol grounds, dressed in tactical gear bearing strips of orange tape.

According to several of Mr. Chrestman’s friends and former classmates, he grew up in California, developing more radical views in recent years. They said that before his Facebook page was deleted he posted conspiracy theories there about vaccines and QAnon, and engaged with people in heated online debates.

Affidavits for the arrest of the five people said they marched as a group with other known members of the Proud Boys, which describes itself as an organization for “Western chauvinists.” Several of those members have been previously arrested on similar charges, and, according to the affidavits, worked to prevent law enforcement from securing the area.

Since the riot on Jan. 6, more than 200 participants have been arrested on charges ranging from unlawful entry of a restricted building to assaulting federal officers. Prosecutors have also focused more specifically on alleged members of the Proud Boys and several militia groups including the Oath Keepers, building cases that accuse small subsets of the larger group of rioters of coordinating their actions and planning the assault in advance.

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Tencent Executive Held by China Over Links to Corruption Case

An executive at Tencent Holdings Ltd. , China’s most valuable publicly listed company, has been held by Chinese authorities, part of a probe into a high-profile corruption case involving one of the country’s former top law-enforcement officials, people familiar with the matter said.

Zhang Feng has been under investigation by China’s antigraft inspector since early last year for alleged unauthorized sharing of personal data collected by Tencent’s social-media app WeChat, the people said. They said Mr. Zhang was suspected of turning over WeChat data to former Vice Public Security Minister Sun Lijun, who is being investigated by Beijing for undisclosed violations of Communist Party rules.

Investigators are looking at what type of data Mr. Zhang allegedly might have shared with Mr. Sun and what Mr. Sun might have done with it, the people said.

Hong Kong-listed Tencent, which has a market capitalization of about $900 billion, confirmed Thursday that Mr. Zhang is under investigation. The case “relates to allegations of personal corruption and has no relation to WeChat or Weixin,” a spokesman said in a statement to The Wall Street Journal. Weixin is WeChat’s sister app for the Chinese market.

Mr. Zhang was referred to as a Tencent vice president in a statement released by the municipal government of Zhangjiakou, a city near Beijing, in which he was described as having met the city’s mayor in October 2018.

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Vale Agrees to $7 Billion Settlement for Brumadinho Dam Collapse

SÃO PAULO—Brazilian miner

Vale

agreed Thursday to pay $7 billion in compensation to the state of Minas Gerais where the collapse of its dam two years ago killed 270 people, polluted rivers and obliterated the surrounding landscape.

The settlement, the biggest in Brazilian legal history, is a watershed moment for a country long hampered by impunity and where miners and big businesses have often exerted more power than the state, especially in rural areas.

Public prosecutors said the $7 billion agreement is meant to compensate the state for the socioeconomic and environmental damage caused by the disaster. But it doesn’t affect the many pending homicide and other criminal charges in the case against the world’s largest iron-ore miner and former executives, including Vale’s previous chief executive,

Fabio Schvartsman.

The attorney general of Minas Gerais state,

Jarbas Soares Júnior,

said he hoped the size of Thursday’s settlement would send a message to the rest of the world: “We will not accept the exploitation of our resources without a minimum level of commitment to social and environmental responsibility.”

Vale accepted the decision and said it would book an additional expense of about $3.7 billion in its 2020 results.

“Vale is committed to fully repair and compensate the damage caused by the tragedy in Brumadinho and to increasingly contribute to the improvement and development of the communities in which we operate,” CEO

Eduardo Bartolomeo

said. “We know that we have work to do and we remain firm in that purpose.”

Mourners visited a memorial for victims of the Brumadinho dam collapse in 2019. Suicides and attempted suicides in the region soared following the disaster, particularly among women.



Photo:

douglas magno/Agence France-Presse/Getty Images

Vale’s investors welcomed the settlement as a way to avoid a drawn-out court battle, as did public prosecutors who cited other lawsuits over environmental problems in the state that haven’t been resolved after nearly 20 years.

The miner’s shares, which have increased about 60% in value since the dam collapsed, initially rose after news of the settlement, signaling investors’ hopes that the company can finally move past the disaster.

“Vale was able to get a discount of about one-third based on what the state government was asking, so they were skillful in this negotiation,” said

Ilan Arbetman,

an equities analyst at the Brazilian brokerage Ativa Investimentos. The miner has already provisioned a big part of the agreed value and is benefiting from high iron-ore prices, he said.

When Vale’s dam burst near the town of Brumadinho in January 2019, it unleashed a tsunami of mining waste speeding down the valley at up to 50 miles an hour, wiping out the on-site canteen where many workers were at lunch and destroying nearby homes and a guesthouse.

Two years later, the bodies of 11 victims still haven’t been found.

The collapse, one of the deadliest anywhere in the world, came only three years after a dam at another iron-ore mine jointly owned by Vale ruptured 100 miles away in the town of Mariana, killing 19 people and polluting more than 400 miles of river. The company vowed at the time that such a disaster would never happen again.

The settlement funds will be spent on environmental projects and shoring up local water supplies as well as improving transport networks and health services. The agreement also includes Vale’s initial costs in the aftermath of the disaster, when the company paid for temporary housing, mental-health professionals and emergency monthly stipends for residents.

Suicides and attempted suicides in Brumadinho soared in the year following the collapse, particularly among women. Some lost their husbands, sons and fathers at the mine, one of the region’s biggest employers, and were forced to wait months for rescue workers to recover the remains of their loved ones from the hardened mud.

Following the Mariana collapse in 2015, Vale and its partner at that dam,

BHP Group Ltd.

, created the Renova Foundation to manage compensation, which said it had paid out about $2.1 billion as of December last year. Prosecutors have said they believe that the second dam collapse in 2019 might not have occurred if Vale and BHP had faced tougher consequences for the first one.

In January last year, Brazilian prosecutors charged former Vale CEO Mr. Schvartsman and 10 others from the mining company with homicide. They also filed homicide charges against five people at Germany’s TÜV SÜD, the auditing company that certified the mine-waste dam as safe months before it ruptured.

All 16 people, including several high-level executives and directors at Vale, were also charged with environmental crimes, as were both companies as entities. Those charges are still being disputed in Brazil’s court system.

Prosecutors said last year it was clear that the dam had presented a critical structural risk since at least 2017 and that Vale had been fully aware of its safety problems. The German inspector certified the dam as safe despite also knowing about its structural problems, eyeing a chance to win multiple contracts with Vale and expand its Brazilian operations, they said.

As part of a year-long investigation into the disaster, The Wall Street Journal first reported in February 2019 the conflict of interest between Vale and TÜV SÜD, which worked as both an internal consultant and an independent safety evaluator for the miner.

A spokeswoman for Vale said Thursday that the miner wasn’t aware of an imminent risk at the dam. TÜV SÜD said it reiterated its commitment to “see the facts of the dam’s collapse clarified,” adding that it was cooperating with authorities. Mr. Schvartsman and the individuals facing criminal charges have denied wrongdoing in the case.

In recent years, Brazil’s public prosecutors have battled big companies with little success. After an oil spill off the coast of Rio de Janeiro in 2011, prosecutors filed lawsuits against

Chevron Corp.

for more than $7 billion. Two years later, they settled with the U.S. oil giant for $55 million.

Write to Samantha Pearson at samantha.pearson@wsj.com and Jeffrey T. Lewis at jeffrey.lewis@wsj.com

Copyright ©2020 Dow Jones & Company, Inc. All Rights Reserved. 87990cbe856818d5eddac44c7b1cdeb8

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McKinsey Agrees to $573 Million Settlement Over Opioid Advice

Consulting giant McKinsey & Co. has reached a $573 million settlement with states over its work advising OxyContin maker Purdue Pharma LP and other drug manufacturers to aggressively market opioid painkillers, according to people familiar with the matter.

The deal, reached with 47 states and the District of Columbia and expected to be publicly announced Thursday, would avert civil lawsuits that attorneys general could bring against McKinsey, the people said. The majority of the money will be paid upfront, with the rest dispensed in four yearly payments starting in 2022.

McKinsey said last week it is cooperating with government agencies on matters related to its past work with opioid manufacturers, as state and local governments sue companies up and down the opioid supply chain. At least 400,000 people have died in the U.S. from overdoses of legal and illegal opioids since 1999, according to federal data.

The consulting firm stopped doing opioid-related work in 2019 and said in December its work for Purdue was intended to support the legal use of opioids and help patients with legitimate medical needs.

While some companies have reached deals with individual states to avoid trials, the McKinsey settlement marks the first nationwide opioid pact to come from the flood of litigation that began in 2017. A much larger, $26 billion deal with three drug distributors and Johnson & Johnson has been in the works for more than a year but is still being negotiated.

The Wall Street Journal reported last week that McKinsey was close to a settlement with states and that a deal could be worth hundreds of millions of dollars. The negotiations occurred as hundreds of exhibits describing McKinsey’s work to boost OxyContin sales were made public in recent months during Purdue’s chapter 11 bankruptcy case in White Plains, N.Y.

Memos McKinsey sent Purdue executives in 2013 that have been made public in bankruptcy court filings included recommendations that the company’s sales team target health care providers it knew wrote the highest volumes of OxyContin prescriptions and shift away from lower-volume prescribers. McKinsey’s work became a Purdue initiative called “Evolve to Excellence,” which the U.S. Justice Department described in papers released last year in connection with a plea agreement with Purdue as an aggressive OxyContin marketing and sales campaign.

According to bankruptcy court records, McKinsey sent recommendations to Purdue in 2013 that consultants said would boost its annual sales by more than $100 million. McKinsey recommended ways Purdue could better target what it described as “higher value” prescribers and take other steps to “Turbocharge Purdue’s Sales Engine.”

Stamford, Conn.-based Purdue pleaded guilty in November to three felonies, including paying illegal kickbacks and deceiving drug-enforcement officials. The drugmaker filed for chapter 11 protection in 2019 to address thousands of opioid-related lawsuits brought against it. Purdue said in a lawsuit filed last week against its insurers that creditors have asserted hundreds of thousands of claims in the bankruptcy case and collectively seek trillions of dollars in damages.

McKinsey also advised other opioid makers on sales initiatives. The firm’s work for

Johnson & Johnson

came up in a 2019 trial in a case brought by Oklahoma against the drug company for contributing to the opioid crisis in the state through aggressive marketing of prescription painkillers. The trial ended with a $572 million verdict against Johnson & Johnson, which was later reduced to $465 million and is still on appeal.

The vast majority of the money McKinsey will pay in the settlement will be divided among the participating states, with $15 million going to the National Association of Attorneys General to reimburse it for costs incurred in the investigation, one of the people familiar with the deal said.

The settlement also includes some nonmonetary provisions, like requiring McKinsey to create a repository of documents related to its work for opioid makers, the person said.

The holdout states include Nevada, which said Wednesday night that its investigation into the consulting giant continues “and we are conversing with McKinsey about our concerns.”

Purdue has been negotiating with creditors, which include states, since filing for bankruptcy, but finalizing a deal has been slowed by demands from some states that the company’s owners, members of the Sackler family, contribute more than the $3 billion they have agreed to.

States have been keenly focused on ensuring any settlement money from the opioid litigation goes toward helping alleviate the impact of the crisis, including through beefing up treatment programs and helping overstretched law enforcement. The states are looking to avoid the outcome of the 1990s tobacco litigation, when a $206 billion settlement was often spent to fill state budget holes. The McKinsey settlement documents say the money is intended for abatement, the person familiar with the deal said, though state laws differ widely on how settlement funds can be earmarked.

Write to Sara Randazzo at sara.randazzo@wsj.com and Jonathan Randles at Jonathan.Randles@wsj.com

Copyright ©2020 Dow Jones & Company, Inc. All Rights Reserved. 87990cbe856818d5eddac44c7b1cdeb8

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Apollo CEO Leon Black to Step Down Following Review of Jeffrey Epstein Ties

Leon Black plans to step down as chief executive of Apollo Global Management Inc. after an independent review revealed larger-than-expected payments to disgraced financier Jeffrey Epstein that it nevertheless deemed justified.

The monthslong review by Dechert LLP found no evidence that Mr. Black was involved in the criminal activities of the late Epstein, who was indicted in 2019 on federal sex-trafficking charges involving underage girls, according to a copy of the law firm’s report that was viewed by The Wall Street Journal.

In its report, Dechert found the fees that the billionaire had paid Epstein were for legitimate advice on trust- and estate-tax planning that proved to be of significant value to Mr. Black and his family. Mr. Black paid Epstein a total of $148 million, plus a $10 million donation to his charity—far more than was previously known.

Mr. Black wrote in a letter to Apollo’s fund investors that he would cede the role of CEO to co-founder Marc Rowan on or before his 70th birthday on July 31 while retaining the role of chairman. In the letter, a copy of which was viewed by the Journal, Mr. Black detailed other governance changes he is recommending to the board, including the appointment of more independent directors and the elimination of Apollo’s dual-class share structure.

Mr. Black also pledged to donate $200 million of his family’s money to women’s initiatives.

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Russia’s Putin Faces Rising Discontent Amid Alexei Navalny Protests

MOSCOW—The protests that swept Russia this weekend in support of jailed opposition leader Alexei Navalny show the challenge President Vladimir Putin faces in managing social discontent ahead of parliamentary elections this year.

Saturday’s unsanctioned rallies were among the largest in recent years and saw tens of thousands of people brave freezing temperatures, the threat of the pandemic and the possibility of incarceration. Security forces detained more than 3,500 people—the largest number in at least nine years, according to independent monitors.

The protests have left the Kremlin facing a dilemma: Either bow to the pressure from the street and undermine its own authority by releasing Mr. Navalny or risk inciting more backlash and unifying the opposition by keeping him behind bars.

“There are few good options for Putin,” said Abbas Gallyamov, a Moscow-based political consultant and former speechwriter for Mr. Putin. “It seems like Navalny is attacking and the Kremlin is defending.”

Mr. Putin’s approval ratings have swooned in recent years amid a sluggish economy and protest activity. Observers say the Navalny demonstrations, if sustained, could pose a threat to Mr. Putin’s dominance despite constitutional changes approved last year that could allow him to stay in power until 2036.

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