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Opioid Companies Reach Last-Minute $261M Settlement to Avoid First Federal Opioid Trial

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  • Five pharmaceutical companies reached a $261 million settlement to avoid a lawsuit that accused them of contributing to the opioid crisis. 
  • The settlements were reached around midnight Monday, just hours before the trial was set to begin.
  • The immediate trial was averted, but these companies—as well as Johnson & Johnson—are not free of the larger case, which is a consolidation of more than 2,500 lawsuits from various state and local governments.

New Settlements Avert Immediate Trial

Five companies involved in a massive federal opioid lawsuit settled with two Ohio counties early Monday morning, paying $261 million dollars to avert the first trial in a larger case.

These settlements do not prevent the full trial, but they do delay it significantly. The portion of the trial scheduled to begin Monday would have involved both Cuyahoga and Summit counties and would have been known as a “bellwether trial,” a beginning trial examining a smaller portion of the larger case.

The outcome of it would have then been used to anticipate the results of the larger case, which is a consolidation of more than 2,500 lawsuits lodged by cities, counties, tribes, and states. It accuses the companies of contributing to the opioid crisis.

Companies originally involved in the lawsuit include AmerisourceBergen, Cardinal Health, and McKesson—which are known as the “Big Three” drug distributors in the country. Walgreens, Teva Pharmaceuticals, Purdue, and Johnson & Johnson were also named.

Between midnight and 1:00 a.m., the “Big Three” averted the first of the trials by agreeing to pay a combined $215 million to Ohio’s Cuyahoga and Summit counties. Teva additionally reached an agreement to pay $20 million in cash and another $25 million in suboxone, which is a drug used to treat opioid addiction.

Additionally, Henry Schein Medical agreed to pay $1.25 million.

“If this was a war, today was supposed to be D-Day, where we engage the enemy and storm the beach,” Paul Farrell Jr., an attorney for the two counties, told NPR. “So, last night at 11:50 p.m., the defendants retired from the field and decided to settle this particular skirmish rather than fight.”

Previously, the lone judge presiding over the cases encouraged both sides to reach settlements in order to prevent a potentially lengthy and bitter trial, meaning victims of the opioid crisis would begin to start seeing money sooner.

Notably, Walgreens did not reach any settlements, but its trial has now been delayed for up to six months, provided the pharmacy doesn’t end up reaching a settlement of its own beforehand. 

As for that larger trial involving the other 2,500 lawsuits, those are still scheduled to begin early next year if these companies fail to reach additional settlements.

The case has been closely scrutinized as a potentially precedent-setting trial; however, by settling, these companies prevent a landmark decision by the federal government that could serve as a legal litmus test for holding opioid companies accountable. 

Purdue and Johnson & Johnson Settle

Purdue was the first pharmaceutical company listed in the trial to settle, notably reaching a global agreement of $12 billion.

Purdue then filed for Chapter 11 bankruptcy, which is still pending and will eventually be expected to form a new company that will continue manufacturing the painkiller OxyContin. The new company is expected to also donate addiction treatment and overdose reversal drugs.

The owners of Purdue were also expected to pay no less than $3 billion and up to $4.5 billion of the grand total, though some state attorneys generals said the fine did not account for the damages they’ve seen their states. 

“These people are among the most responsible for the trail of death and destruction the opioid epidemic has left in its wake,” North Carolina AG Josh Stein said in a promise to go directly after the Sacklers.

On Oct. 1, Johnson & Johnson reached a settlement for $20.4 million dollars for Cuyahoga and Summit counties. 

Johnson & Johnson Loses Oklahoma Trial

In August, Johnson & Johnson became the first pharmaceutical company to lose a case holding it responsible for the opioid crisis.

The case, which is lost to the state of Oklahoma, was considered a precedent among experts, though Johnson & Johnson has appealed it to the state’s Supreme Court.

At the time, Johnson & Johnson had been ordered to pay $572 million, but that number was later brought down by $107 million after a miscalculation by Judge Thad Balkman. Balkman said the number could continue to change before he gives his final order.

See what others are saying: (Politico) (Reuters) (NBC News)

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Student Group Selling NFTs of Trump Tweets Will Donate Sales To “Charities He Hates”

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  • Several students known as Strategic Meme Group are selling over 46,000 tweets from former President Donald Trump as NFTs in a bid to reclaim some of his most controversial messages. 
  • The students said 100% of the sales will go “to charities [Trump] hates,” including organizations that benefit communities the one-term president targeted on Twitter. For example, sales from Trump’s “ChinaVirus” tweets will go to charities such as the Asian Pacific Fund.
  • “As an [Asian and Pacific Islander] person myself, and also our founders Jason Yu and Theodore Horn… Trump’s tweets have had a negative impact on us,” Jackie Ni, Chief Meme Officer of SMG, told Rogue Rocket on Friday. “And so, we were just thinking, ‘Is there a way to get something good out of this? Is there a way that we can potentially benefit the community being harmed?’
  • So far, Ni said the group has raised $9,500 through the sale of 118 tweets.

Trump Tweets for Sale

A group of high school and college students have taken former President Donald Trump’s most controversial tweets and turned them into nonfungible tokens in an attempt raise funds for the groups he targeted online.

“Trump tweets for sale,” their website, drumpfs.io, reads. “100% profits to charities he hates. Environmentally friendly.”

Source: drumpfs.io

In total, 46,964 of the one-term president’s tweets are for sale on the site, including some of his more racially charged messages.

That includes tweets involving multiple uses of the term “ChinaVirus,” which has been condemned by critics as racist and a contributor to the recent uptick in violence against Asian Americans since the beginning of the coronavirus pandemic. 

But the students behind this project, known as Strategic Meme Group (SMG), are hoping to reclaim those tweets by donating their sales to specific charities, including the Asian American Legal Defense and Education Fund and the Asian Pacific Fund.

“We don’t want people to forget about the things Trump did or the things he said,” Jackie Ni, Chief Meme Officer of SMG, told Rogue Rocket on Friday. “This man is really flawed. This man is actually really hateful. If you look at his past tweets, these are not presidential. These are not human honestly.”

“As an [Asian and Pacific Islander] person myself, and also our founders Jason Yu and Theodore Horn… Trump’s tweets have had a negative impact on us,” Ni added. “And so, we were just thinking, ‘Is there a way to get something good out of this? Is there a way that we can potentially benefit the community being harmed?’”

Source: drumpfs.io

Some of the other tweet-specific charities featured on the site include the Clinton Foundation, Americares, Clean Air Task Force, the American Civil Liberties Union, the Southern Poverty Law Center, Doctors Without Borders, and the National Association for the Advancement of Colored People.

The site also lists a “general fund,” which Ni said is used for tweets that are harder to categorize. Ni said SMG will ultimately hold a vote to determine which charities those sales go toward once the fund reaches a $10,000 threshold.

How Much is a Drumpf NFT?

On the site, Trump’s tweets are divided into four categories: for sale, infamous, deleted, and flagged. 

The vast majority of his tweets are being sold for 0.0232 Ethereum, which was valued at around $81 as of Friday morning. Notably, 232 is the number of electoral college votes Trump received during the 2020 Presidential Election. 

A smaller subset of Trump’s most infamous tweets, such as covfefe,” are being sold for 4.5 Ethereum, which was just shy of $16,000 as of Friday morning.

Ni said SMG has already raised over $9,500 through the sale of 118 NFTs since launching the website on April 22. Most of the tweets are ones Ni described as ironically “funny,” as the majority of them include Trumps’s infamously-iconic catchphrases “drain the swamp,” “fake news,” etc.

“And it’s not funny that like we’re laughing with Trump,” Ni told Rogue Rocket. “It’s more like we’re laughing at him.”

Ni said he expects sales to cross the $10,000 threshold soon, and from there, the group will begin the process of determining how to best donate to the listed charities since converting from Ethereum to U.S. dollars involves multiple steps.

What is SMG?

SMG is actually the second political venture for these students. 

In 2020, Ni, Horn, and Yu started MemePac, which Ni described as a “youth, Gen Z super PAC” designed to oppose Trump. The group quickly gained significant traction on TikTok with more than 350,000 followers and was even featured in The New York Times

Ni said much of the inspiration behind Drumpfs, which is a nod to a 2016 John Oliver segment where he highlighted that one of Trump’s ancestral names is “Drumpf,” comes from the recent boom of tweets being converted into and sold as NFTs. In an interview with NowThis, Horn credited Twitter CEO Jack Dorsey’s sale of his first tweet for $2.9 million in March. 

Ni told Rogue Rocket that SMG was able to access the full catalogue of Trump’s tweets since they have all been archived by other organizations. As NFTs are still young, there’s little regulation behind them, meaning that the group isn’t barred for selling tweets they never posted themselves.

Environmentally Friendly”

The advent of NFTs, and more specifically blockchain technology in general, has concerned many environmentalists because of the sheer electrical energy that it requires.

With that concern in mind, Ni said SMG wanted to ensure that it worked to offset carbon emissions generated by its NFTs. 

“As a progressive Gen Z group, how can we advocate for a technology and use something that gives so much carbon emissions?” Ni said.

“What we’re trying to do to offset that is that we’re buying carbon offsets [through GoldStandard.org] double the amount generated,he added.

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Washingtonian Staffers Refuse To Publish in Protest of CEO’s Op-Ed About “Risks of Not Returning” To in-Person Work

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  • Washingtonian editorial staffers refused to publish new content Friday in response to an op-ed their CEO Cathy Merrill wrote about employees who wanted to continue doing the majority of their work remotely, which many viewed as a public threat to their jobs.
  • In the op-ed, Merrill suggested that “about 20 percent” of every office employees’ job is to participate in “extras” outside their core responsibilities, including “mentoring more junior people” and “celebrating someone’s birthday.”
  • If employees aren’t around to do so, she suggested managers have a “strong incentive” to change an employee’s work status to “contractor” to avoid paying for healthcare, a 401(k) match, and other benefits.
  • After widespread backlash, Merrill walked back on her comments in an internal memo to staffers.

Op-Ed Triggers Outrage

Editorial staff at Washingtonian, a DC-based magazine, refused to publish new content on Friday in response to an op-ed their CEO wrote that many staffers viewed as a public threat to their jobs. 

Cathy Merrill published her op-ed in The Washington Post Thursday, titled: “As a CEO, I want my employees to understand the risks of not returning to work in the office.”

In it, Merrill expressed excitement about the prospect of returning to work in person but said she was concerned about employees who wanted to continue doing the majority of their work remotely.

She claimed fellow CEOs have told her that older employees are more reluctant to return to the office because they work “from comfortable homes” and are “happy to be relieved of commuting.” Meanwhile, their younger colleagues “have been working from small apartments or their parents’ homes.”

Merrill argued that this was an issue because companies need leaders on site, and she suggested that “about 20 percent” of every office employees’ job is to participate in “extras” outside one’s core responsibilities. This includes in-person activities, such as “mentoring more junior people,” “celebrating someone’s birthday,” and doing other things that “drive office culture.”

If employees aren’t around to do so, she suggested that managers have a “strong incentive” to change an employee’s work status to “contractor.”

“That would also mean not having to pay for health care, a 401(k) match and our share of FICA and Medicare taxes — benefits that in my company’s case add up roughly to an extra 15 percent of compensation,” she continued.

“Not to mention the potential savings of reduced office space and extras such as bonuses and parking fees.”

Merrill also argued that “professional development is hard to do remotely,” and said “being out of that informal loop is likely to make you a less valuable employee.”

She closed her piece by suggesting that those who maintained personal relationships with their bosses would have more job security because “the hardest people to let go are the ones you know.”

Employees Protest

The op-ed was met with swift condemnation from fellow members of the media, as well as readers.

By Friday morning, The Washington Post had changed the op-ed’s headline to: “As a CEO, I worry about the erosion of office culture with more remote work.”

According to HuffPost reporter Dave Jamieson, “Merrill says she did not write the original headline to her op-ed and expressed to WaPo that she felt it was inaccurate.”

The Post’s Editorial Page Editor Fred Hiatt said in a statement to CNN Business that he asked his staff to change the headline and said “nothing else in the op-ed has been changed.”

The change did little to ease outrage, and on Friday morning, Washingtonian staffers tweeted identical statements announcing their decision not to publish for the day.

“As members of the Washingtonian editorial staff, we want our CEO to understand the risks of not valuing our labor. We are dismayed by Cathy Merrill’s public threat to our livelihoods. We will not be publishing today,” the tweets read.

The staff is not unionized, so the refusal to work is especially notable because it carries extra risks.

CEO Walks Back

The growing outrage prompted Merrill to walk back her remarks in an internal memo to staff Friday, saying “flexible with work schedules and time in the office,” along with health and 401K benefits will not change. She said she is not going to switch full time workers to freelancer status, as she suggested in her op-ed.

“These are critical parts of our culture and also things I deeply, personally believe in,” Merrill said in the memo that reported have since shared online.

“I can and will maintain this strategy because we are a small family-owned company and I can. But I do worry about larger less personal businesses and how that may affect our country. That is precisely why I wrote the piece.”

In an earlier statement, Merrill said, “I have assured. out team that there will be no changes to benefits or employee status. I am sorry if the op-ed made it appear like anything else.”

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Unemployment Claims Fall for 4th Straight Week, Finally Dipping Below 500,000

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  • Unemployment claims fell to 498,000 last week, marking the first time claims dipped below half a million since coronavirus pandemic closures began.
  • It’s also the fourth straight week of declining unemployment claims, though the numbers are still well above the roughly 200,000 weekly claims that were being filed prior to lockdowns.
  • Continuing claims increased slightly to just under 3.7 million, but the four-week moving average for those claims is still decreasing. 

Unemployment Claims Hit Another Pandemic Low

The Labor Department announced Thursday that unemployment claims last week fell to 498,000.

Not only does that make this the fourth straight week of declining unemployment claims, but it’s also the first time since the coronavirus pandemic began that weekly claims have fallen below half a million. 

Earlier this week, it was reported that private payrolls climbed by 742,000 last month, marking the fourth-straight monthly climb. Despite that positive news, the official count was somewhat smaller than economists’ projections of 873,000 jobs. 

While those numbers highlight a hopeful trend that the labor market is continuing its journey back to pre-pandemic levels, it’s important to remember that the market still hasn’t reached “normal” yet. Before the pandemic, weekly jobless claims were at around 200,000. 

Continuing Claims 

Continuing unemployment claims were a bit more of a mixed bag over the last week. For example, while those claims rose slightly to just below 3.7 million, there was somewhat of a silver lining since the four-week moving average for those claims is still declining.

The Bureau of Labor Statistics is expected to release nonfarm payrolls Friday, and economists predict it will report nearly 995,000 jobs gained last month. If that prediction holds, the unemployment rate would drop from 6% to 5.8%.

Ending Enhanced Unemployment Benefits

Montana Gov. Greg Gianforte (R) indicated Tuesday that he is seeking to end his state’s federally enhanced unemployment benefits by the end of June amid a “severe workforce shortage.”

“Nearly every sector in our economy faces a labor shortage,” Gianforte said in a statement. “The vast expansion of federal unemployment benefits is now doing more harm than good.”

In its place, Gianforte wants to offer return-to-work bonuses. 

“Choosing to eliminate these critical benefits will have the greatest impact on the most vulnerable,” U.S. Labor Department spokesperson Michael Trupo said in a statement critical of Gianforte’s decision.

Trupo added that the move will force immunocompromised workers, as well as workers with immunocompromised family members, to “make an impossible choice” between their health and finances.

In a similar announcement to Gianforte, Florida Gov. Ron DeSantis (R) said Wednesday that those out of work in his state will soon have to prove that they’re looking for a job to continue receiving benefits. 

“Normally when you’re getting unemployment, the whole idea is that’s temporary, and you need to be looking for work to be able to get off unemployment,” DeSantis said at a news conference. “It was a disaster, so we suspended those job search requirements. I think it’s pretty clear now, we have an abundance of job openings.”

The waived work-search requirement will expire on May 29. 

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