Sunday, November 17, 2019

Lots Of Merck-Specific News -- In Prior Comments, This Past Week...

Our comment box -- to the immediately prior post -- contains news stories from the past week. It was an unusually active news week, for Kenilworth. Do go check those out.

But I'll highlight the final EU and WHO global approvals of Merck's single dose Ebola vaccine -- to be called Ervebo® [waiting on the graphical version of the trademark/logo, to add it to the image at right] -- as being the most monumental, for the eradication of suffering, and the advancement of global human health care.

. . . .Within 48 hours of the European Commission approving the vaccine earlier this week, the World Health Alliance (WHO) verified that the treatment also reached its health and safety standards for global use, making it the first vaccine with clinical efficacy to protect individuals 18 years of age or older at risk of infection with the Ebola virus. . . .

Data from clinical trials and compassionate use protocols have shown that Ervebo protects against Ebola virus disease in humans following a single-dose administration. . . .

Onward, to an exciting week ahead. Now you know.


Tuesday, November 12, 2019

UPDATE: As The Fate Of DACA Is Argued At The Supremes -- A Decision Likely, By Summer 2020.

We will re-run an older one, and predict yet again. . . DACA will survive this test.

DACA II TRO / Preliminary Injunction Upheld In The Ninth Circuit. On, To The Supremes

Dateline: November 8, 2018 -- Here is last week's installment on this topic, for ready reference. And an earlier one, on the merits. [There are dozens; search "DACA", in upper left.]

So, now it's on to the Supremes, which will take it up on this record -- which spells near-certain death to Trump's chances of overturning the nationwide injunction, in my estimation. His people would do better to start over, creating a new written record of some more plausible grounds for his actions. Here's a bit -- and the full 99 page PDF Ninth Circuit opinion, just entered and published, in San Francisco:

. . . .It is no hyperbole to say that Dulce Garcia embodies the American dream. Born into poverty, Garcia and her parents shared a San Diego house with other families to save money on rent; she was even homeless for a time as a child. But she studied hard and excelled academically in high school.

When her family could not afford to send her to the top university where she had been accepted, Garcia enrolled in a local community college and ultimately put herself through a four-year university, where she again excelled while working full-time as a legal assistant. She then was awarded a scholarship that, together with her mother’s life savings, enabled her to fulfill her longstanding dream of attending and graduating from law school. Today, Garcia maintains a thriving legal practice in San Diego, where she represents members of underserved communities in civil, criminal, and immigration proceedings.

On the surface, Dulce Garcia appears no different from any other productive — indeed, inspiring — young American. But one thing sets her apart. Garcia’s parents brought her to this country in violation of United States immigration laws when she was four years old. Though the United States of America is the only home she has ever known, Dulce Garcia is an undocumented immigrant.

Recognizing the cruelty and wastefulness of deporting productive young people to countries with which they have no ties, the Secretary of Homeland Security announced a policy in 2012 that would provide some relief to individuals like Garcia, while allowing our communities to continue to benefit from their contributions. Known as Deferred Action for Childhood Arrivals, or DACA, the program allows those noncitizens who unwittingly entered the United States as children, who have clean criminal records, and who meet various educational or military service requirements to apply for two-year renewable periods of deferred action — a revocable decision by the government not to deport an otherwise removable person from the country. . . .

The government may not simultaneously both assert that its actions are legally compelled, based on its interpretation of the law, and avoid review of that assertion by the judicial branch, whose “province and duty” it is “to say what the law is.” Marbury v. Madison, 5 U.S. (1 Cranch) 137, 177 (1803). The government’s decision to rescind DACA is subject to judicial review. And, upon review, we conclude that plaintiffs are likely to succeed on their claim that the rescission of DACA — at least as justified on this record — is arbitrary, capricious, or otherwise not in accordance with law. We therefore affirm the district court’s grant of preliminary injunctive relief. . . .

Um. . . ya' ought-ta' jes' give up start ova', 45. Jes' sayin'. . .


Monday, November 11, 2019

Re-Running Last Year's Post: Veterans... ARE Immigrants.

We will re-run this, from a year ago, to remind that [many, if not most] veterans are also. . . of fairly recent immigrant stock.

We Were Just First Generation Irish (And Hungarian) Immigrants, Then: Armistice Day, 100 Years On.

Dateline: November 2018 -- It has been one full century now, this morning -- when at the stroke of noon, the shelling and shooting ceased.

It was the end of the "war, to end all wars. . ." [Though it didn't (even remotely) turn out that way.] But WW I was now. . . over, and my grandfather, at right -- just a first generation immigrant then, with only an eighth grade formal education -- was to board a ship, and return home from France. Home, to the Rockies -- of the West.

Mother Ireland, in County Cork, was no longer home. These United States were. . . home. Yes we were. . . immigrants. That is our legacy. This Veterans Day, I whole-heartedly thank all who served our nation, and have passed on.

Each and every one of the enlisted deserve our honor, our gratitude and our enduring respect. And we must remember that most of those who died, for America, in each of the "great wars", was first or second generation -- at best.

So, it is also incumbent on each of us as voters -- as stewards, if you will -- of these lives, to think clearly before we commit our troops -- sons and daughters, brothers, sisters and cousins -- to a cause that is in truth no more than a political stunt -- our troops are sleeping 20 to a tent, in Southern California, Arizona and Texas, of all places (getting no combat pay, despite being "deployed" -- away, from the comfort of a base) -- with no air conditioning, little running water -- and being asked to "guard" a border no one is seriously threatening. Some two months from now, "huddled masses, yearning to breathe free air. . ." will arrive there -- and seek entirely lawful asylum. That is all.

And so, today, we should all keep in mind what a then 20 year-old soldier had scribbled in pencil, and left in his mess kit, shortly before his own death -- in the trenches of World War I France -- three years before the Armistice ended that killing:

When you see millions of the mouth-less dead

Across your dreams in pale battalions go,

Say not soft things as other men have said,

That you’ll remember. For you need not do so.

Give them not praise. For, deaf, how should they know

It is not curses heaped on each gashed head?

Nor tears. Their blind eyes see not your tears flow.

Nor honour. It is easy to be dead.

Say only this, ‘They are dead.’ Then add thereto,

‘Yet many a better one has died before.’

Then, scanning all the o’ercrowded mass, should you

Perceive one face that you loved heretofore,

It is a spook. None wears the face you knew.

Great death has made all his for evermore.

-- Charles Hamilton Sorley (1915)

For his part, my grandfather returned strong, hale and whole, from the "great war" -- to live on. . . to see another seven decades of peace and prosperity -- to work in the mines, marry the love of his life, run a mountain Post Office, see his fine children grow into late middle age, and adore all of his many, many grandchildren (and by the time of his own peaceful passing, to have held and adored with crinkled Irish eyes, at least a handful of his now many, many great-grandchildren). Not so, this other Charles (as quoted above). And so -- I do give honor, respect and gratitude to those who fell, in the causes of our nation. I just ask that we all be very careful about which causes we choose, henceforth.

Do go to truly love one another. I do so, with a call for all of us (in the EU and the US) to be more open: to open our borders, to peoples fleeing oppression. . . . That is freedom's. . . beacon for all. Pax tecum. . . .


Friday, November 8, 2019

UPDATE: Trump's Personal Accounting Records March Toward Disclosure In Mazars, LLP: DC Appeals Court Order, Overnight.

We see Judge Rao's hand, in the bit of the order overnight which doesn't immediately cause the turnover of Trump's accounting records.

However, once rehearing is denied -- on Trump's motion -- the records must be sent to the US House committee within seven days, by Mazars LLP. Full text below:

. . . .PER CURIAM ORDER [1814803] filed denying [US House Committee's] motion for immediate issuance of the mandate or, in the alternative, to shorten the time to petition for rehearing or rehearing en banc [1811186-2]; denying [Trump's] motion to stay issuance of the mandate [1812461-2]. On October 24, 2019, the Trump appellants filed a petition for rehearing and/or rehearing en banc, making the Committee’s alternative request moot. Should the October 24, 2019 petition be denied, the mandate will issue 7 days from the date of denial. See Fed. R. App. P. 41(b).

This decision takes into consideration the Trump appellants’ request for a period of at least 7 days to seek relief in the Supreme Court.

Before Judges: Tatel, Millett and Rao. . . .

Now you know. Onward to a clear, cold and bright weekend, here in the Chi. . . . grinning; ever grinning. His time in the barrel draws nigh. . . .


Thursday, November 7, 2019

Applause, For Judge Paul L. Friedman...

Just read all of this.

It likely means Trump's time for honoring himself. . . is coming to an end. CNN has it down right:

". . . .The reality is that when the Trump administration has lost cases in the courts, it is not because of Clinton or Obama judges, but because of judges who are trying to follow the law and the Constitution," he said.

To make his case, the judge detailed Trump's wide-ranging attacks on Judges Richard Seeborg, William Orrick, James Robart, Jon Tigar and Gonzalo Curiel. During the 2016 campaign, Trump had accused Curiel, who was born in the US, of having an "inherent conflict of interest" in a lawsuit against a Trump University lawsuit because of his Mexican heritage.

Friedman said Wednesday the "personal ad hominem attacks" on Curiel "set a terrible precedent and encouraged others to join the chorus."

"This was beyond a dog whistle," he said. "This was a shout." William Taylor, a well-known Washington defense lawyer, said Friedman got a "standing ovation which went on for some minutes" after he criticized the President for attempting to bully the federal judiciary. . . .

We -- all of us -- are better. . . than this small minded, small p president. We, the people. . . are.


Meanwhile, In The Ninth Circuit -- In San Francisco -- Where Trump's Appealing His Loss In East Bay Sanctuary III...

It is often the little things -- that speak volumes, right? And, in a decidedly guilty admission -- give us the most joy.

In East Bay III, now on appeal in the Ninth Circuit, from Trump's multiple losses -- the government [for Trump] has filed five pages of their errors in citations, eighteen in all -- in their opening brief, seeking to end the nationwide injunctions. That would be comical, if they hadn't earlier forgotten to sign the first notice of appeal to that court. [Yes this is the same series of cases, under Sarah Fabian's lead; she was previously the subject of a shocking video-taped exchange with another Ninth Circuit panel, this past summer.]

. . . .[Team Trump] regrets these [eighteen] errors. The government is prepared to file a corrected brief with these changes should the Court so request. . . .

This truly is "the gang that can't [cite] straight. . ." Onward, on a crisp clear snow dappled morning, here.


Wednesday, November 6, 2019

Two More Status Reports, For Friday's "Missing Border Kids" Hearings -- In San Diego

I am about as bone-weary of Trump's malevolence, and endless cruelty. . . as I can possibly be.

Even so, the "Ukraine quid pro quo" story -- now well documented, in sworn testimony of Trump's own acolytes -- may be less damning, ultimately, in the historical record, some years from now -- than the below narrative arc. Intentionally mis-placing thousands of children -- many of them not over two years old -- abominable. And clearly, in at least some cases, allowing third parties to swoop in, and offer the babies for US private charity "adoptions", despite having kidnapped them from their parents at the border -- such a thing was unthinkable, just four years ago. Here is report one [eighteen pages]. Here is the New York ancillary report [five pages], from the Ms. MMM class action. They paint an improving -- but still grim -- picture.

This whole two year organized onslaught is a crime against humanity, and the shocking scope of it is. . . in my estimation, less than widely known. We are well over 4,400 children who were unlawfully taken at the border -- and whose status and safety is still being determined. This is thus. . . our government -- the one we all pay for:

. . . .Since the last Joint Status Report, the government has provided two more lists that disclose 266 previously unreported children of potential class members. The Steering Committee is actively attempting to reach families of these children. . . .

Onward. Let us now swiftly impeach him [as is the sworn duty, under our Constitution] -- and end his officially sanctioned malevolence, permanently. McConnell should now well know: if he doesn't act appropriately in the Senate -- and even if he does -- his seat is likely gone, come November 2020, given last night's Governor election results, in Kentucky, and elsewhere.


Tuesday, November 5, 2019

[U -- Kentucky/Virginia Wins Edition] Eleven Years Ago... What A Time It Was, In America...

Food for continued thought and reflection -- recalling a time when we had a unifying statesman as President:

Ahem -- here on Friday morning, we may safely say it: "so goes Kentucky -- so goes Virginia." Be warned Trump. Your hatred is being. . . rejected now, in the largely white suburbs of red states -- where you won by thirty points, or more in '16.


Monday, November 4, 2019

Both Voyagers Are Now... Inter-STELLAR Travelers...

At the suggestion of our long term anonymous contributor. . . we offer an homage, this evening to the twin Voyagers.

We have written of them many times before -- especially when the engine on One, fired right on cue, after sitting dormant in negative 260 degree darkness for nearly 40 years [as depicted at right].

But now, it is definitively settled -- both of them are. . . INTERSTELLAR Voyagers. Perfect:

Onward, ever in search of the. . . undiscovered country. That long sought horizon -- the future, forever receding into our own mists, of human limitations -- time, ambitions and age. But onward, still. Onward. . . .


Sunday, November 3, 2019

Yet Another Graceful Deep Dive, By Juno -- Around Mighty Lord Jupiter, Tonight...

And... like other passes, around a heavenly body -- this one unfolds below, with unwasted grace, overnight:

. . . .I’m now inbound for my next close pass by Jupiter! Current speed relative to the planet: 55,000 mph (89,000 kilometers per hour). At closest approach I’ll come within about 2,000 miles (3,200 kilometers) of the cloud tops at speeds of about 130,000 mph (209,000 kph). . . .

Now you know. . . smiling in spite of myself. . . onward, to tomorrow.


Prominent Radio Journalist And Ebola Education Activist Murdered -- In Lwemba, Mandima Province, DRC

Twice now, in just the last few days, murderous thugs have killed workers in the field-fight against Ebola, in the DRC.

Here is the latest of the tragedies:

. . . .Professor Steve Ahuka, national co-ordinator of the fight against Ebola, confirmed that a local worker involved in the fight against Ebola in Lwemba had been killed.

A journalist at Radio Lwemba, the local radio station where he worked, confirmed the details.

"Our colleague Papy Mumbere Mahamba has been killed at his home by unknown attackers. . ." who had stabbed him to death, Jacques Kamwina told AFP. . . .

DRC declared an Ebola epidemic in August 2018 in the eastern provinces of North Kivu, South Kivu and Ituri, that border Uganda, Rwanda and Burundi. The outbreak has so far killed 2,185 people, according to the latest official figures.. . .

This. Simply. Must. End. Ignorance is killing people whose sole and laudatory goal is. . . the eradication of. . . Ebola.


Trump Threatens to "Shut Down" Government, If Impeachment Doesn't End, Now.

Look closely, my friends -- of all political stripes. This is what a lawless dictator looks like.

This is the man Jefferson, Hamilton and Washington warned us about.

Make no mistake -- that is precisely why they wrote the process of impeachment into our Constitution.

We must do our duty. We must end his lawless tyranny. Resist. To. The. End. Out.


Friday, November 1, 2019

UN Setback, On Ebola: Factional Violence Flares At South Sudan Border Crossings -- Three Aid Workers Dead

This is difficult -- just as the current DRC ebola outbreak is waning, we must report new gun violence deaths, at the border with South Sudan.

The violence predates any ebola outbreak in the area. It is fighting that is endemic to the region. And still, health workers get caught in the cross-fire. So the UN's IOM is pulling back. I get it. But it means more people will die from Ebola. Here's the bit:

. . . .The International Organization for Migration said several of its volunteers were caught in the crossfire during clashes between rival groups on Saturday morning in South Sudan's Central Equatoria region. Two men and one woman died, and two male volunteers sustained non-life-threatening injuries. . . .

And, sensibly, all monitoring at various border checkpoints in and out of the DRC are at least temporarily suspended, until better security may be provided to health workers, on the ground.

Very. . . discouraging. Onward, just the same.


[U -- O/T, But Hilarious] From Another Of Our Properties -- Covering Various Bitcoin Foibles And Woes...

The Seychelles-Based Crptyo-Exchange [One That Allows 100X Leveraged Trades!]. . . Just Self-Pwned Its Clients. Y A W N.

UPDATED 11.04.2019: It was human error, just as we said it was highly likely to have been. End update.

These guys -- and make no mistake -- this is undoubtedly, overwhelmingly. . . a bunch of young privileged MBA toting white guys, almost exclusively under age 40. . . continue to prove, on the regular, that they are not even remotely ready -- for "prime time" finance.

This morning, CoinDesk is reporting that BitMEX sent out an all user email -- one which included the list of all the other recipients' private email addresses. At least 22,000 of them.

So they all can get to know each other, presumably(?!). . . OMG.

Add to this, that these people are using up to 100 times leverage to trade, and that it is all run out of the Seychelles. . . and we have the "Perfectly Nigerian Prince" style-spam reply -- loaded up and ready to solicit them [see below the pull-quote]. Here's the bit, from CoinDesk:

. . . .According to data tweeted by data analytics firm Skew, BitMEX has around 22,000 users daily.

“We are aware that some of our users have received a general user update email earlier today, which contained the email addresses of other users,” the blog states. “Our team have acted immediately to contain the issue and we are taking steps to understand the extent of the impact.”

BitMEX has now asked customers to add BitMEX’s support email to their contact lists to decrease phishing emails along with adding 2-factor authentication (2FA). The exchange appeared to suggest a bug caused the incident, saying: “The error which has caused this has been identified and fixed.” [Ed. Note: the "bug" was a human / interventional error, almost certainly.]

The mishap adds to the woes of the exchange, which is also reportedly being probed by the U.S. Commodity Futures Exchange Commission (CFTC) over whether it has allowed U.S. traders to use its platform. BitMEX geo-blocks multiple countries from participating on its exchange, including the United States. Some users may jump the fence by using virtual private networks (VPNs), however. . .

Here is the Prince: "Hello my 22,000 dear friends. We have all made [and lost] a lot trading Bitcoin, on borrowed money. I can give you each 110,000 Bitcoin, tomorrow, if you will send me your 5,000 Bitcoin account details, today. I need to release my one million Bitcoin from the military [my estranged father's] account holding it, but need to post collateral to do so. I will share with you..."

But you of course, know the rest.

Onward. You've been warned -- no matter who is CEO of this exchange. . . it is not ready for real robust security. Too many simple human factor errors plague all these entities, not just BitMEX -- ones a complete and utter lack of financial security training exposes -- on the daily. Clear, cold and beautifully lustrously white, here this morning. . . . onward, indeed.


Thursday, October 31, 2019

Ivanka Wears Her Halloween Costume 24/7/365... Tweeted A Jefferson Quote About How Unfair DC Is To Daddy...

I won't spend much time on her tweet.

But she [with irony dying, just dying. . . on her every breath] quoted Jefferson, thus -- below.

“. . . .[S]urrounded by enemies and spies catching and perverting every word that falls from my lips or flows from my pen, and inventing where facts fail them.”

Thomas Jefferson’s reflections on Washington, D.C. in a letter to his daughter Martha.

Some things never change, dad!

Me? I'm not a huge Jefferson fan -- but since she thinks he "gets her" -- and her pops, I'll offer his retort, as mine, above.

As irony would have it -- she's actually. . . more right than she knows. Jefferson would agree: some things never change. His quote at above right is precisely what is wrong with her feckless persona, and her father's. . . and that's before we get to the crimes against humanity -- of the both of them.

Yes -- every damn day, she wears a costume -- but we all KNOW it is a simple. . . dress up game, for her. And Jared, of course. Onward, into the blinding blizzard here, this afternoon, on All Hallows' Eve.


Wednesday, October 30, 2019

If You Had The Mis-Fortune Of Buying Beyond Meat, In The Secondary, This Summer...

Beyond Meat has managed to bleed off about 66 per cent of the shareholders' cash paid value, just since August, even with the markets in record territory, for much of that time. [More, here.]

On top of it, Beyond announced positive quarterly results, overnight. That was unable to staunch the flow of blood, though -- as no one took adequate notice of the pillaging IPO terms. . . .

The only logical conclusion is that Beyond's investment bankers, and the executive team wildly mismanaged the IPO process -- to their own personal benefit. The lock-ups [particularly the cliff expiries] were not at all well thought out. Negligence at best -- and perhaps. . . malevolence, at its worst.

The pricing itself smacks of breach of fiduciary duties: It was crystal clear that the market making after the original IPO and the follow on secondary were both egregiously overpriced. And yet the team went to market, and took investor cash -- even though, as Billy long-ago pointed out, at those prices, the sales multiple was over 60. Said another way, it would be sixty years, before the stock price would support/at least equal the annual sales figures.

And still. . . this team flogged the shares to an unsuspecting public. We are handling an independent investigation now. If we decide to file suit, based on investor contacts -- we will hold no long or short position in Beyond, from then on.

नमस्ते . . . this is the sound of a bubble, popped.

It Looks Like The Merck v. Merck Lanham Act Name Litigation May Be Settling: Yesterday's Status Conference In New Jersey

We've covered this narrative arc for a solid decade now, back to early 2009 -- from the first Facebook "squatting" flap, through to this current global, cross courts' set of suits. [Just a few of the more recent, of dozens of backgrounders of mine may be found here -- and under these other links.]

But given the long date for the next status call, it is highly likely that an agreed settlement is being discussed, between the "German" Merck, and Kenilworth. It certainly has been mind-numbingly deliberate about arriving. . . even though we've expected it for five long years. Here's the order, in full text:

. . . .By agreement of the parties as discussed at the October 29, 2019 telephone conference, this matter is stayed until the telephone conference on January 29, 2020.

So Ordered by Magistrate Judge Michael A. Hammer on 10/29/2019. . . .

Now you know. . . with other round number milestones rapidly approaching. . . grin.


Tuesday, October 29, 2019

NASA/JPL Is "Back To The Drawing Board" -- On Martian Surface Mining Work-Arounds, At InSight's Outpost...

Well, the excitement was short-lived. It may well be that we never reach five meters, or fifteen feet of depth -- on the Mars lander's hammering mole experiment. The "dippin'-dots" like frozen sand globules just fall back into the center of the hole, as quickly as the hammering action of the spike slides under them, it simply creates a wider, more bowl shaped hole.

One of many MSM stories on it, here -- and to be certain, this is disappointing, as all other experiments on the lander are performing exactly as expected. The InSight team's latest tweet reads:

. . . .Mars continues to surprise us. While digging this weekend the mole backed about halfway out of the ground. Preliminary assessment points to unexpected soil properties as the main reason. Team looking at next steps. . . .

So we may not get an accurate sub-surface temperature reading for Mars, on this trip. So it goes. Onward; ever onward. Even so, much wonder exists, in this moment of interplantary science -- we are truly privileged to be alive. . . to witness it all. So. . . yes -- onward.


Monday, October 28, 2019

45 Came To My City. He Insulted All Of Us. Here Is Our Answer.

And, since our Mayor has flattened the blowhard, I'll put in a plug: if you haven't seen Eddie Murphy in the above, on NetFlix, do go do so.


Thursday, October 24, 2019

Revised Schedule -- To Address Trump-Created Issues, In Flores Class Action Immigrants' Rights Cases...

Here is the latest, from the federal district courts, in Los Angeles.

And below is the newly revised schedule -- proposed to address all of the deplorable excesses the hapless Sarah Fabian tried [and failed miserably] to defend (for Trump), before the Ninth Circuit this past summer:

. . . .The Parties, Dr. Wise, and the Monitor agreed that Dr. Wise would continue his review and prior to the next scheduled mediation prepare a more detailed set of recommendations on the issues Dr. Wise previously addressed in his report, the Monitor would provide the Parties with copies of Dr. Wise’s recommendations. . . . on October 17, 2019, the parties met and conferred in good faith mediation conducted in Los Angeles and overseen by the Monitor serving as mediator to discuss these more detailed recommendations. Dr. Paul Wise was present throughout the mediation. All Parties appeared with counsel and experts. The parties believe progress towards a settlement was made at this mediation. The parties agreed that by November 22, 2019, Defendants shall submit to the Monitor and serve on Plaintiffs a written proposal for settlement of the Ex Parte Application taking into account Dr. Wise’s reports and issues discussed at the mediation.

The parties agreed that by December 11, 2019, Plaintiffs will file with the Monitor and serve on Defendants a written response to Defendants’ proposals for settlement of the Ex Parte Application. . . .

The parties agreed that on January 14, 2020, at 9 AM, they will meet with the Monitor for mediation in Los Angeles to discuss their proposals for settlement of the Ex Parte Application. The parties agreed that the Monitor will continue to perform her ongoing responsibilities throughout this period. . . .

Now you know. It was, and is, simply preposterous that the federal government needs to be told that children need toothbrushes, soap and bedding.