They Would Have to Put Half a Dozen Children on a Spit and Toast Them at the Flame That Comes out of Their Mouth?

Over at the New York Times, Gretchen Morgenson observes that the CEO of United Airlines was fired for paying bribes to politicians, and was allowed to keep his performance bonuses, and asks, “How Badly Must a C.E.O. Behave Before His Pay Is Clawed Back?“

You see, Jeffery Smisek got to keep his bonuses and his generous golden parachute:

United Airlines’ contempt for customers was on full display in April, when it dragged a passenger from an overbooked plane, bloodying him in the process.

Since then, shares of United Continental Holdings, the airline’s parent, have rebounded smartly, so perhaps investors consider the incident an anomaly.

But those who do may want to check out a lawsuit unfolding in Delaware Chancery Court, one that involves the former chief executive of United and a prime figure in the Bridgegate scandal that has dogged Gov. Chris Christie of New Jersey. The facts of the case reflect a similar disdain for United’s shareholders by the corporate board members who are supposed to serve them.

At the heart of the lawsuit is the refusal by United’s directors to retrieve any of the $28.6 million received by Jeffery A. Smisek, United’s former chief executive, when he was defenestrated in 2015 amid a federal corruption investigation.

………

These tawdry events have disturbed at least one of United’s institutional shareholders: the City of Tamarac, Fla., Firefighters Pension Trust Fund. In a litigation demand, it requested that the company’s board claw back the severance pay given to the executives who took part in the bribery scandal. By doing so, United’s board would correct its breach of fiduciary duty and prevent “the unjust enrichment” of company executives.

Seems fair enough. But United’s board has refused. Its justification for not recouping the pay is, well, pretty rich.

In a letter to the pension fund, a lawyer for United explained that it would harm the company to give the board “unfettered discretion to recoup compensation” in cases involving wrongdoing. “Where such discretion is out of step with industry norms,” the letter said, it would “make it difficult for United to recruit and retain top talent, particularly at the senior management level.”

Murder parent? Check.

Ask for mercy as an orphan? Check.

We really need to start throwing executives in jail for this sh%$.

0 for 6 This Session

For the 6th time, the Supreme Court has reversed a decision from the Federal Circuit (Patent Court):

Yesterday the Supreme Court vacated in part and reversed in part the U.S. Court of Appeals for the Federal Circuit’s decision in the consolidated patent cases Sandoz v. Amgen and Amgen v. Sandoz, completing the specialized circuit’s dismal 0-for-6 record in patent cases at the court this year.

The case involved another skirmish in the long-running battle between research pharmaceutical companies, which tend to seek more intellectual property and regulatory protections for their innovations, and generic pharmaceutical companies, which typically seek to curb intellectual property and regulatory protections.

………

Sandoz emerged as the clear victor in the case, winning the right to bring “biosimilar” versions of complex biologic drugs to market sooner and also gaining a small but potentially important procedural right for future litigations.

………

The first specific legal issue in the case was whether, when Sandoz filed an FDA application to market a biosimilar to Amgen’s biologic drug, Amgen was entitled to obtain Sandoz’s application. On this question, the court provided only a partial answer. It held that Amgen could not get a federal injunction to force Sandoz to turn over the application.

The Federal Circuit had also reached that conclusion, but the Supreme Court did not agree with the lower court’s reasoning. Although the Federal Circuit held that federal injunctive relief was foreclosed by Section 271(e) in the Patent Act (35 U.S.C. § 271(e)), the Supreme Court relied exclusively on 42 U.S.C. § 262(l)(9)(C), which is the provision in the Biologics Act that authorizes research pharmaceutical companies such as Amgen to sue for declaratory injunctions if generic companies such as Sandoz do not turn over their biosimilar applications.

………

The second issue decided by the court was whether Sandoz provided Amgen the proper notice of its intent to market a biosimilar. The Biologics Act requires companies seeking to market biosimilars to provide notice to the first biologics company “not later than 180 days before the date of the first commercial marketing of the [biosimilar] product licensed [by the FDA].”

Sandoz sent Amgen notice while its biosimilar application was still pending before the FDA, and the Federal Circuit held that Sandoz had provided the notice too early. The court of appeals believed that the notice would have “to follow [FDA] licensure, at which time the product, its therapeutic uses, and its manufacturing processes are fixed.”

That holding of the Federal Circuit was the financial crux of the case. A delay of 180 days (approximately half a year) can mean hundreds of millions of dollars in additional revenue for a drug company that retains exclusivity over the original biologic. The Federal Circuit’s ruling meant that any company seeking to market a biosimilar would have to stay out of the market for the entire time of the FDA’s licensing process plus another 180 days after the FDA issued the license.

The Supreme Court reversed the Federal Circuit on this issue and held that “the applicant may provide notice either before or after receiving FDA approval.” To the justices, that result followed from the language of the statute, which imposes only a “single timing requirement” (180 days before commercial marketing of the biosimilar) not “two timing requirements” (after FDA licensure and 180 days before commercial marketing).

To simplify this, once again the Patent Court went with a position that favored the IP holder that had no justification in the statute (they do a lot of that), and then SCOTUS slapped them down.

It’s getting to be a regular thing, because the United States Court of Appeals for the Federal Circuit is completely out of control.  Case in point, this court has literally allowed for the patenting of a rainy day.

This court really needs to be shut down, and its judges transferred to Dancing with the Stars or somesuch.

Payback is a Bitch, Corporate Edition

No, I am not referring to Uber, but rather the moral reprobates who comprise Mylan NV board of directors.

You remember Mylan, don’t you? They are the ones who jacked up the price of the EpiPen and defrauded Medicaid.

Now their board is facing a shareholder challenge:

An influential advisory firm, the Institutional Shareholder Services (ISS), has urged Mylan’s already mutinous shareholders to vote against the company’s incumbent board of directors following the damaging EpiPen scandal and exorbitant executive salaries, Reuters and Bloomberg report.

The ostensible price gouging and greed of the incumbent board led to “significant destruction in shareholder value” and “long-term reputational damage,” ISS wrote in an e-mailed report. In an unusually aggressive move, it urged shareholders to try to oust ten Mylan director nominees, including Chief Executive Heather Bresch, President Rajiv Malik, and Chairman Robert Coury, as well as the compensation committee members.

“All incumbent directors should be considered accountable for material failures of risk oversight over a number of years, when warning signs were available to the company but no actions appear to have been taken,” the firm concluded.

In addition, ISS called executive compensation decisions “egregious,” urging shareholders to reject the company’s compensation packages. Those included paying Coury more than $160 million in compensation and payments last year.

The recommendations from ISS echo that of a campaign from a group of shareholders, who urged their fellow investors to vote against the board, which the group said “reached new lows in corporate stewardship in 2016.” It also follows a government report that Mylan overcharged taxpayers up to $1.27 billion over 10 years by misclassifying EpiPens under the Medicaid Drug Rebate Program. Mylan had previously agreed to settle the matter with the federal government for just $465 million.

Unfortunately, it requires a ⅔ super-majority to remove a member of the board, but the fact that there is a challenge, and that a well respected firm has called them irresponsible in no uncertain terms, means that the writing is on the wall.

If this gets enough ink in their official headquarter nation of the Netherlands, (particularly if the outrageous executive compensation levels) then they might see some regulatory actions on that end.

I Don’t Expect This to Last

In response to the shooting of a Republican Congressman at a baseball practice in Arlington, Virginia, Ted Nugent is now saying that people should be more civil in discussing politics, and he said that this would apply to him.

I expect the aging rocker to break his promise before Labor Day:

Singer Ted Nugent claims that he has seen the light and will stop using toxic rhetoric to attack Democrats.

In a Thursday interview with 77WABC Radio, Nugent swore that he has “reevaluated” his language and would refrain from saying “anything that can be interpreted as condoning or referencing violence.”

“At the tender age of 69, my wife has convinced me I just can’t use those harsh terms,” he admitted. “I cannot and will not and I encourage even my friends/enemies on the left, in the Democrat and liberal world, that we have got to be civil to each other.”

Nugent is well known for attacking Democrats, particularly former Secretary Hillary Clinton, former President Barack Obama and Sen. Bernie Sanders (I-VT). He once referred to the former president as “a piece of sh*t” and “sub-human mongrel” and urged him to “suck on my machine gun.” He then went on to encourage Clinton to “ride one of these into the sunset, you worthless b*tch.”

Anyone want to set up an office pool on when Nugent goes all assassination again?

Linkage

This cure for IT department bullsh%$ both works, and shows the inanity of many IT department policies:

IT upgraded our computer so now the mouse has to keep moving so it doesn’t go into sleep mode during the run. #LabHack pic.twitter.com/PNcVbwtKha

— Karine (@KarineReiter1) June 9, 2017

World Class Trolling

In response to a Trump lawyer suggesting that former FBI Director James Comey should be prosecuted for leaking his notes about the Trump meeting, Vladimir Putin has offered him political asylum in Russia.

This is is truly inspired trolling:

Russian President Vladimir Putin on Thursday offered to give political asylum to former FBI Director James Comey, poking at tensions between Comey and President Trump.

“If Comey will be under the threat of political persecution, we are ready to accept him here,” Putin said at a press conference, according to Russian state media outlet TASS.

Comey testified last week that Trump pressured him to “let go” of the FBI investigation into former national security adviser Michael Flynn before Trump fired him. Comey acknowledged leaking his personal memos about his conversations with Trump to the media, which the White House has seized on to attack the former FBI head’s credibility.

Putin compared Comey’s decision to leak details of conversations with Trump to the actions of Edward Snowden, the National Security Agency leaker who was granted asylum by Russia.

It appears that KGB training includes a 300 level course in training, because is the best trolling I have seen since Jeremy Corbyn suggested that the displaced Grenfell fire victims be lodged in empty houses bought as investments by rich people in the neighborhood.

Daym!  This has been a good week for trolling.

Gripen E Makes Maiden Flight

The upgraded Gripen, which is basically a completely new aircraft, jas just made its first flight:

Swedish aerospace and defense company Saab has completed the first flight of its prototype E-model Gripen fighter jet.

The prototype, coded 39-8, took to the air at 10:32 a.m. local time June 15 from the company’s development facility at Linkoping, flying for 40 min. and reaching an altitude of 13,000 ft. before touching down safely.

Video and imagery of the aircraft departing and inflight showed a relatively short takeoff run in dry power and revealed that the company retracted the landing gear inflight, a relatively rare occurrence in first flights. Two twin-seat JAS-39D Gripens acted as chase aircraft.

The aircraft took 10 years to develop, which by the standard of modern fighter development is a very short time, and while pricier than its it is still far cheaper to operate than its competitors.

Total employment on the program is less than that of just the program office for the F-35, and total development cost for the program was less than that of the most recent software release for the JSF. (link)

There is no reasonable justification for the protracted and expensive developments that have become the standard in western fighter programs.

Here is a PR video from Saab:

Where I Endorse a Company That I Try to Avoid

It’s an auto body shop, and so it’s not a place where you want to go unless you have to.

Who wants to be rear-ended by some inattentive bloke in a Ford, but if you do I highly recommend Iggy’s Auto Body.

He is competent, timely, and above all, honest.

(on edit)

Contact information:
Iggy’s Auto Body
2929 Industrial Park Dr., # N
Finksburg, Maryland 21048

Phone    (410) 526-2900

Tories Are Lucky That the Grenfell Fire Did Not Happen Two Weeks Ago

By now, you have doubtless heard of the Grenfell Tower fire in London, where perhaps as many as 100 people in a public housing tower died in a ferocious blaze.

The facts at this point are that the residents had been complaining about potential fire hazards for years, and the fire was likely made much worse by the addition of cosmetic cladding that was both flammable (so flammable that it has been banned in the US) and functioned as a chimney for the flames.

The indications are that the cladding was added because the building was located in the very tony Kensington borough, and they wanted to improve the views.

Theresa May should be thanking her lucky stars that this didn’t happen before the election, because her housing/fire safety minister specifically argued against better fire regulations, and when May initially went to the scene of the fire, she refused to meet with the former residents of the apartments.

By comparison, Jeremy Corbyn visited with the former residents, and promised that they would be told what happened.

Heck, even the singer Adele went to talk to the fire victims.

If this had happened a week before the elections, Jeremy Corbyn would now be the Prime Minister.

BTW, Corbyn has already made a proposal to help the people displaced by the fires, he wants to put them in the empty flats in the area that are owned by rich people who use London real estate to launder their money:

Empty flats in North Kensington should be “requisitioned if necessary” for people left homeless by the Grenfell Tower fire, Jeremy Corbyn says.

The Labour leader has also said he is “very angry” that so many lives were lost in a deadly tower block fire.

………

And he told MPs on Thursday: “The south part of Kensington is incredibly wealthy, it’s the wealthiest part of the country.

“The ward where this fire took place is, I think the poorest ward in the whole country.

“And properties must be found, requisitioned if necessary, in order to make sure those residents do get re-housed locally.

“It cannot be acceptable that in London you have luxury buildings and luxury flats kept as land banking for the future while the homeless and the poor look for somewhere to live.”

It a good solution, and it is precisely the sort of action that makes Tory heads explode, which makes it even more delicious.

Wells Fargo Again

In addition to creating phony accounts for customers, it appears that Wells Fargo modified mortgages of people who had filed for bankruptcy, which is illegal in at least two levels:

Even as Wells Fargo was reeling from a major scandal in its consumer bank last year, officials in the company’s mortgage business were putting through unauthorized changes to home loans held by customers in bankruptcy, a new class action and other lawsuits contend.

The changes, which surprised the customers, typically lowered their monthly loan payments, which would seem to benefit borrowers, particularly those in bankruptcy. But deep in the details was this fact: Wells Fargo’s changes would extend the terms of borrowers’ loans by decades, meaning they would have monthly payments for far longer and would ultimately owe the bank much more.

Any change to a payment plan for a person in bankruptcy is subject to approval by the court and the other parties involved. But Wells Fargo put through big changes to the home loans without such approval, according to the lawsuits.

The changes are part of a trial loan modification process from Wells Fargo. But they put borrowers in bankruptcy at risk of defaulting on the commitments they have made to the courts, and could make them vulnerable to foreclosure in the future.

Seriously, what does a bankster need to do to get arrested in the USA?

Here’s Hoping that Someone Rolls on the Governor

There have now been manslaughter charges filed against senior officials in Michigan over the poisoning of Flint.

Given that the water change appears to have largely been driven by Governor Snyder attempting to benefit political supporters from the fracking industry, so if this gets followed to the top, Snyder may find himself in the dock:

Michigan’s health department director and four other officials involved with Flint’s lead-contaminated water were charged Wednesday with involuntary manslaughter, the most serious charges to date in the criminal investigation.

Nick Lyon was accused of misconduct in office and involuntary manslaughter, becoming the highest-ranking member of Gov. Rick Snyder’s administration to be targeted in the criminal probe. The manslaughter charges carries a penalty of up to 15 years in prison and a $7,500 fine, while the misconduct charge carries a prison sentence of up to five years and a $10,000 fine.

Lyon, former Flint Emergency Manager Darnell Earley, former Michigan Department of Environmental Quality Drinking Water Chief Liane Shekter-Smith, state Water Supervisor Stephen Busch and former Flint Water Department Manager Howard Croft are accused of failing to alert the public about an outbreak of Legionnaires’ disease in the Flint area. Earley, Shekter-Smith, Busch and Croft already have been charged with less-serious crimes.

I am so hoping that Snyder ends up in the dock.

Pass the Popcorn………

I have always said that the whole Russian conspiracy thing is bullsh%$, with the actual crime, at best, being a violation of campaign finance laws.

That being said, the cliche, “It ain’t the crime, it’s the coverup,” does apply.

It turns out that attempting to instruct an investigation of a crime is still obstruction of justice, even if the underlying crime turns out not to have happened.

It appears that Bob Mueller is investigating Trump for obstruction of justice:

The special counsel overseeing the investigation into Russia’s role in the 2016 election is interviewing senior intelligence officials as part of a widening probe that now includes an examination of whether President Trump attempted to obstruct justice, officials said.

 The move by special counsel Robert S. Mueller III to investigate Trump’s conduct marks a major turning point in the nearly year-old FBI investigation, which until recently focused on Russian meddling during the presidential campaign and on whether there was any coordination between the Trump campaign and the Kremlin. Investigators have also been looking for any evidence of possible financial crimes among Trump associates, officials said.

 Trump had received private assurances from then-FBI Director James B. Comey starting in January that he was not personally under investigation. Officials say that changed shortly after Comey’s firing.

Normally, this would alarm me, but when this news is coupled with the fact that Mike Pence is lawyering up over the same investigation, which implies that even if the Vice President expects to be the target of investigation as well:

Vice President Pence has hired outside legal counsel to help with both congressional committee inquiries and the special counsel investigation into possible collusion between President Trump’s campaign and Russia.

The vice president’s office said Thursday that Pence has retained Richard Cullen, a Richmond-based lawyer and chairman of McGuireWoods who previously served as a U.S. attorney in the Eastern District of Virginia.

Pence’s decision comes less than a month after Trump hired his own private attorney, Marc E. Kasowitz, to help navigate the investigations related to the Russia probe, and a day after The Washington Post reported that special counsel Robert S. Mueller III is widening his investigation to examine whether the president attempted to obstruct justice.

“I can confirm that the Vice President has retained Richard Cullen of McGuireWoods to assist him in responding to inquiries by the special counsel,” said Jarrod Agen, a Pence spokesman, in an emailed statement. “The Vice President is focused entirely on his duties and promoting the President’s agenda and looks forward to a swift conclusion of this matter.”

I am amused.

You’re an Imbecile

There are not a whole bunch of discussions where I think that the only response is to immediately dismiss its proponents as stupid and engage in no further dialog.

It’s not that my don’t quickly judge others’ intelligence, it’s that generally I like to argue.

But sometimes, something is so f%$#ing stupid that I just wash my hands.

Pretty much any argument that includes the phrase, “Cultural appropriation,” and not only do I stop listening, and simply go all Drax the Destroyer and walk away.

And now the forces of evil have captured Canada, and there is an international effort to criminalize “Cultural Appropriation” which originates from the Great White North:

Indigenous advocates from around the world are calling on a UN committee to ban the appropriation of Indigenous cultures — and to do it quickly.

Delegates from 189 countries, including Canada, are in Geneva this week as part of a specialized international committee within the World Intellectual Property Organization (WIPO), a United Nations agency.

Since it began in 2001, the committee has been working on creating and finishing three pieces of international law that would expand intellectual-property regulations to protect things like Indigenous designs, dances, words and traditional medicines.

The meeting takes place as concern grows worldwide about the rights of cultures to control their own materials. In the U.S. this week, designer Tory Burch agreed to change the description of one of her coats for women after Romanians protested that it had been described as African-inspired when it actually appropriated a traditional Romanian garment.

The only cultures that do not incorporate the characteristics of of other cultures over time are dead cultures.

What’s more, this whole thing runs counter to the very concept of a cultural commons, which is essential for a living society.  (Of course, it is coming from WIPO, which makes the US Patent Court look like Karl Marx.)

I would also add that the cultures in question are in no way harmed by this.  They still have their, “Designs, dances, words and traditional medicines,” even if, for example, Richard Simmons decides to do an aerobics video using the traditional dances of the Masai.

My apologies for the image of a Richard Simmons doing an aerobics video using the traditional dances of the Masai.

It isn’t pretty, but it needed to be said.

H/t Angry Bear, who is just as disgusted as I am.

Linkage

Fake journalist Jonathan Pie on the Brexit

UPS Employee Goes Postal

Is it just me, or does anyone else see the irony in a UPS guy going Postal?

We live in strange times:

A gunman shot and killed three people at a United Parcel Service facility in San Francisco on Wednesday morning before fatally shooting himself in front of police officers, authorities said.

Two others were wounded by gunfire, according to San Francisco police, and five had injuries that were probably sustained during the rush to evacuate.

The lone gunman, identified by police as Jimmy Lam, 38, shot himself in the head, Assistant Chief Toney Chaplin said. Two guns were recovered at the scene.

Authorities said the incident was not believed to be connected to terrorism. Police Chief William Scott told The Times that investigators were uncertain about Lam’s motive.

………

UPS spokesman Steve Gaut said Lam was a driver who was wearing his uniform when he opened fire inside the four-story shipping facility. At the time, workers were gathering for their morning meeting before departing to deliver parcels, he said.

Lam, a resident of San Francisco, had filed a grievance in March complaining about excessive overtime, Joseph Cilia, a Teamsters Union official, told the Associated Press. The Teamsters local represents UPS workers in San Francisco.

It appears that workplace shooters never follow my advice, which is to target upper management.

This whole “Going Postal at UPS” thing is kind of ironic, the protestations of grammar Fascists notwithstanding.

Whiskey Tango Foxtrot?


Troof!

Violence of any kind is unacceptable in our society and I condemn this action in the strongest possible terms. pic.twitter.com/hyfmmpgXML

— Bernie Sanders (@SenSanders) June 14, 2017

Right thing to say

In a political season characterized by death threats against candidates, (here & here) it is lamentable, but foreseeable that someone would take those threats to the next level.

Today, in the 154
sup

mass shooting in the United States so far this year, a man opened fire at a baseball practice (there is an annual charity game) for Congressional Republicans:

A man angry with President Trump unleashed a barrage of gunfire Wednesday morning at Republican members of Congress as they held a baseball practice at a park in Alexandria, wounding House Majority Whip Steve Scalise and four others in a frenzied scene that included a long gun battle with police.

The gunman, James T. Hodgkinson, a 66-year-old unemployed home inspector from southern Illinois, died after the shootout. Two Capitol Police officers assigned to Scalise’s security detail were wounded.

Hodgkinson, who had been living in his van in Alexandria for the past few months, had posted anti-Trump rhetoric on his Facebook page and had written letters to his hometown newspaper blaming Republicans for what he considered an agenda favoring the wealthy.

This is the culture that we have created, and this does not bode well for the future of our society.

As an aside the gunman volunteered for the Sanders Campaign in 2015, and Sanders immediately condemned his actions, and he was defended by Sarah Palin (Breitbart, so no link).