Rudy Giuliani May Be In Contempt, In TWO Federal Courts, By Mid December... Sequential Jailings?! NY, And DC?

This is, almost word for word, what the cogent Wilkie Farr lawyers (pro bono, for the Georgia election workers) asked for yesterday.

Just read what the able USDC Judge Liman in Manhattan entered, overnight -- all three pages -- and a bit of it: [This man is also subject to jailing, in DC as we mentioned yesterday -- for his continuing to defame the Georgia election workers over the public airwaves -- and thus willfully violating the injunction entered, against such speech and conduct.]

. . .Among other things, it also ordered Defendant, his agents, employees, and those acting in concert with them to comply with the directives of the Plaintiffs Receivers issued pursuant to the Turnover Order. Id. at 21 ¶ 4(f). Defendant did not object to the appointment of receivers or to the terms of the Turnover Order or powers of the receivers, other than limited objections with respect to specific items of property. Dkt. No. 44. No motion for reconsideration of the Turnover Order was made.

On November 7, 2024, after the Court had been informed that Defendant had turned over none of the Receivership Property ordered to be turned over by October 29, 2024, the Court issued a further order that was then memorialized in a November 8, 2024 written order. Dkt. No. 94. As memorialized in the November 8, 2024 order, Defendant was required by November 15, 2024, to deliver to Plaintiffs-Receivers “all items of property identified in the Turnover Order, according to the Plaintiffs-Receivers’ instructions.” Id. at 2. Defendant has not complied with that order nor with the Turnover Order. Dkt. No. 147.

In light of Defendant’s noncompliance, Plaintiffs-Receivers have issued new directives to Defendant pursuant to the Turnover Order. Id. at 7-8. The Court has reviewed the directives and finds that they are consistent with, and authorized by, the Turnover Order. Accordingly, and for the avoidance of doubt, the Court orders that Defendant Giuliani shall comply with the following instructions provided by the Plaintiffs- Receivers on pain of contempt. . . .

By no later than 5 p.m. Friday, December 6, 2024, Mr. Giuliani shall segregate all Receivership Property located at the CTS Facility from property that is not subject to the Turnover Order. . . . By the same date and time, Mr. Giuliani shall provide a detailed list containing pictures of the segregated Receivership Property located at the CTS Facility sufficient to show the size and quantity of that property. . . .

Defendant Giuliani, his attorneys, agents, and persons in active concert or participation with him or them shall not transfer, encumber, or interfere with any of Defendant’s property located at Corporate Transfer and Storage, Inc. (“CTS”) or America First Warehouse (“AFX”) until the Receiver files notice on the docket that the above conditions have been satisfied.

SO ORDERED. . . .

Damn. What a precipitous fall. . . from what he was, in the late 1980s to about 2001. Damn.

He will die penniless, and alone now -- in some low rent trailer or motel in the Florida panhandle.

If not in. . . some county drunk tank. Out.

नमस्ते

So... An Mpox Clade 1b Case Was Just Seen In At Least One Canadian Who Recently Traveled To West Africa... Ugh.

The importance of available vaccines, in wherever the index cases are seen -- in the future -- cannot be overstated. For its part, Ebola has almost never made wholesale leaps, to other parts of the world, since 2014. That is because we have an effective vaccine -- and each time a new flare-up occurs, everyone who had contact with any index case gets a vaccine. The dying though lamentable, is limited to at most a few dozens, now in all recent outbreaks, post 2017.

So too, we (the WHO, the EU Health Commission, Britain's public health ministers, the US CDC -- and similar Japanese authorities) must now stock the world -- and Africa particularly. . . for the "fire next time" -- even as this Mpox Clade 1b outbreak is leveling off. In Canada -- this represents a still-ongoing failure of public health education, for travelers to West Africa, to be sure. Here's the latest:

. . .Canada’s Public Health Agency (PHAC) has confirmed the country’s first case of clade I mpox in a traveller from Manitoba. The individual contracted the virus, linked to an outbreak in central and eastern Africa, during their travels and sought medical care upon returning to Canada.

“The individual sought medical care for mpox symptoms in Canada shortly after their return and is currently isolating,” reported by Reuters. . . .

PHAC noted that the case was identified as clade Ib mpox following testing by the National Microbiology Laboratory, which informed Manitoba health officials on 22 November. . . .

Now you know -- and. . . go Buffs -- at two this afternoon!

नमस्ते

430 Light Years Out, In Taurus -- An "Infant" Planet, Still Glows Around A Warped Disk...

Now, just one more celestial beauty, to close out our Friday evening festivities!

This truly is. . . an unprecedented era, of discoveries. Here's the latest on it all, from NASA:

. . .The massive planet, likely still glowing from the heat of its formation, lies in the Taurus Molecular Cloud, an active stellar nursery with hundreds of newborn stars some 430 light-years away. The cloud’s relative closeness makes it a prime target for astronomers. But while the cloud offers deep insight into the formation and evolution of young stars, their planets are usually a closed book to telescopes like TESS, the Transiting Exoplanet Survey Satellite. These telescopes rely on the “transit method,” watching for the slight dip in starlight when a planet crosses the face of its host star. But such planetary systems must be edge-on, from Earth’s vantage point, for the transit method to work. Very young star systems are surrounded by disks of debris, however, blocking our view of any potentially transiting planets.

A research team has just reported an extraordinary stroke of luck. Somehow, the outer debris disk surrounding this newborn planet, IRAS 04125+2902 b, has been sharply warped, exposing the baby world to extensive transit observations by TESS. . . .

Now you know -- and now the sheets are chanting my name, sweet and low, but chanting just the same… Sleep well -- one and all of good will!

नमस्ते

Power-Alley: TRC Capital Tries To Catch Retail Investors Unaware, And Buy Shares Below NYSE Quoted Prices... Ugh. Ignore Them.

This is a securities lawyer's PSA: entities like TRC look to buy up under 5% of various high dividend, solid, long standing blue chip companies' free shares -- all to either clip the dividend, and/or then resell on a small rise on the NYSE. At the moment, the outfit is offering about 4% below today's NYSE prices, for shares of Merck. Don't fall for it.

Walmart, Pfizer, P&G and AMD are just a few of the names TRC has targeted in the past. Most of these bids see anemic participation / performance, once the word gets out. And Rahway is putting out the word tonight, after market-close:

. . .Merck has been notified that TRC Capital Investment Corporation (TRC Capital) has commenced an unsolicited “mini-tender” offer, dated November 12, 2024, to purchase up to 1,000,000 shares of Merck common stock at $96.38 per share. The offer price is approximately 4.32% below the closing price of the Merck common stock on November 11, 2024 ($100.73), the last trading day before the date of the offer, and approximately 3.48% below the closing price of the Merck common stock on November 21, 2024 ($99.86), the day prior to this release.

Merck does not endorse TRC Capital’s offer and recommends that Merck shareholders reject the offer and not tender their shares in response to TRC Capital’s unsolicited mini-tender offer. This mini-tender offer is at a price below the closing price for Merck’s shares. . . .

Like TRC Capital’s other offers, this one puts individual investors at risk because they may not realize they are selling their shares at a discount. Merck urges shareholders to obtain current stock quotes for their shares of Merck common stock, to review the terms and conditions of the offer, to consult with their brokers or financial advisers, and to exercise caution with respect to TRC Capital’s mini-tender offer.

Merck shareholders who have already tendered are advised they may withdraw their shares by following the procedures for withdrawal described in the TRC Capital offer documents prior to the expiration of the offer, which is currently scheduled for 11:59 a.m. EST on December 11, 2024. . . .

Now you know -- ignore these jokers, people. The practice, without more in the way of affirmative fraud -- is lawful. So you must protect. . . yourself. If you do want to cash some of your Merck stock, just call your own broker, and set a limit order slightly above the last closing price on the NYSE. It is my opinion that within 12 months, this stock will reach $130 a share, and most of Wall Street sees it that same way, with an injectable version of Keytruda due in 2025. [Don't give these clowns your potential 30% gain in a year.] Onward, grinning!

नमस्ते

[Now, With NY Updates, Too!] DC Federal Court Case -- Defamation: Contempt Hearing On December 12, 2024 -- End Of The Line, For Rudy G...?

Before you read the rest, about the DC case -- read this, about Rudy's continued disdain for the Manhattan federal court turnover orders -- it just got filed, moments ago, and seeks answers to its nine pages, by this coming Tuesday. Rudy's minions are apparently trying (via press conference / instructions from Mr. Cammarata, his new divorce lawyer) to intimidate the workers seeking to secure and inventory his possessions in two storage facilities. Apparently Mr. Giuliani is a "partner" in at least one of the storage facilities, and may be directly obstructing justice, here. End, updated portion.

[This below pertains to the DC case -- to be clear.] Yep, the guy is just. . . burning. himself. up.

By December 12, 2024, he will have to be sitting inside the federal courtroom of the very able USDC Judge Howell, in DC -- awaiting a decision on whether the various remarks he continues to make on radio broadcasts show disdain for a prior court order -- an injunction, against defaming these two Georgia election workers from the 2020 cycle, by falsely alleging that they somehow "fabricated" Democratic votes, back then.

The guy is. . . reportedly often drunk by midday, now -- and rambling aimlessly, about one perceived grievance or another, most evenings. He's coming to the very end of the line. As we've said before, these are matters over which Tangerine holds no sway, let alone any pardon power. They are all. . . federal and state civil actions -- beyond the reach of any preznit. Here's the overnight order:

. . .Set/Reset Deadlines/Hearings:

Defendant Response To [19] Motion For Civil Contempt due by 12/2/2024.

Plaintiff Reply, if any, due by 12/6/2024.

Contempt Hearing set for 12/12/2024 09:30 AM in Courtroom 26A | In Person before Judge Beryl A. Howell. . . .

Now you know -- and he still hasn't surrendered the paper title to the Mercedes, despite an order to do so, last week. All this just. . . couldn't happen to a nicer guy. Out.

नमस्ते

An Unusual Infant Star, And Its Ultra Hot, And Bright, Accretion Disk -- Way Out, In Orion [Under Observation Since 1936(!)]...

I am certain that within a year or two, the JWST will slew past this section of the constellation Orion -- to enhance, and confirm the data just collated from Hubble.

This is an amazing time of discovery, to be certain -- almost daily, now we read of new insights -- new discoveries, in many cases millions of light years off into the night skies. Truly. . . wonderful! Here's the latest, from NASA's Hubble team (at over three decades, "on mission", now):

. . .In 1936, astronomers saw a puzzling event in the constellation Orion: the young star FU Orionis (FU Ori) became a hundred times brighter in a matter of months. At its peak, FU Ori was intrinsically 100 times brighter than our Sun. Unlike an exploding star though, it has declined in luminosity only languidly since then.

Now, a team of astronomers has wielded NASA's Hubble Space Telescope's ultraviolet capabilities to learn more about the interaction between FU Ori's stellar surface and the accretion disk that has been dumping gas onto the growing star for nearly 90 years. They find that the inner disk touching the star is extraordinarily hot — which challenges conventional wisdom. . . .

"We were hoping to validate the hottest part of the accretion disk model, to determine its maximum temperature, by measuring closer to the inner edge of the accretion disk than ever before," said Lynne Hillenbrand of Caltech in Pasadena, California, and a co-author of the paper. "I think there was some hope that we would see something extra, like the interface between the star and its disk, but we were certainly not expecting it. The fact we saw so much extra — it was much brighter in the ultraviolet than we predicted — that was the big surprise. . . ."

This is -- as they say. . . a very bright-burning youngster, indeed -- and we all have known some, in our time. [Consider Travis "Heisman" Hunter, above in the masthead -- in action again tomorrow afternoon, against the Kansas Jayhawks.] Smile -- and consider. . . from 12 years ago, to roughly eight years ago -- now. . . out of Music City. Wishing you and the kiddos all the best, at Thanksgiving and always -- grinning. Onward.

नमस्ते

Mr. Giuliani's NEW [Divorce] Lawyer Missed Filing Appeal Date -- By Listing A WRONG Case Number / Set Of Parties?!

As they say -- "A" people. . . hire "A" people. . . but "B" or "C" people. . . hire. . . "D" people. Seems that adage here applies.

Mr. Cammarata (on the 29^th day) meant to appeal a judgment to the Second Circuit, for the seizures of Rudy's property, among other matters. But he listed the wrong parties, and the wrong case file number. I am pretty sure the SDNY -- and the Second Cir. Clerk -- will allow him to correct the filing, and move forward with this largely specious appeal, anyway -- even though his filing has now missed the 30 day deadline. Here's the clerk's note -- advising him to RE-file (overnight):

. . .Notice to attorney Joseph Cammarata to RE-FILE Document No. [140] Notice of Appeal.

The filing is deficient for the following reason(s): The wrong case number is listed on the document. Re-file the appeal using the event type Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed. . . .

I should note also that this is not the lawyer that represented Paula Jones, some three decades ago -- no relation whatsoever. This guy is a former NY cop and firefighter, who went to law school after 9.11.

Now you know. He is depicted above right, along with his Staten Island divorce law offices. From where I sit, this all is "giving" a strong echo -- of the stop the steal "press conference", in later 2020, at the "Four Seasons" Lawn & Gardening, across from the porn shop -- in NYC. Heh.

नमस्ते

Tangent: The Supremes Decide Today NOT To Hear A "Feces-book" Claimed Defense -- To Federal Securities Fraud.

We do often cover cases where life-science companies omit material adverse information -- in SEC filings. Consider our coverage of "Fast" Fred Hassan, here -- and more recently, Martin Shkreli. [We've been documenting, and analyzing -- such cases, since at least 2008 here.]

Even so, I'll make short work of this, as it relates to the use (in the 2016 election cycle) by Cambridge Analytica of user details / data stolen from Facebook. [Facebook knew it, but did not disclose that it had been breached for more than 14 months.] Facebook has as of this morning, now effectively lost, on the claim that this was "no harm" to its shareholders.

While the Supremes simply decided this morning to "undo" their previous grant of cert., as "improvidently granted" -- it seems clear that some or all of what Amalgamated Bank said about Facebook, here. . . is what led to the Supremes leaving the Ninth Circuit finding of liability, against Facebook in place -- in the Cambridge Analytica failure to disclose / securities fraud cases.

Mr. Musk [and CEO of "Truth", Devin Nunes] should take heed -- since both of them regularly skirt the disclosure rules of the SEC -- with material omissions. Musk, particularly, has a bevy of enforcement actions and consent decrees. . . to prove it.

Onward, grinning -- snows are just about all melted already, after six inches yesterday morning. Out.

नमस्ते

On A Quiet, Snowy Pre-Thanks. Thursday Afternoon -- We Will Post Up The Monster Amazon Lobby Spending (~2X to ~10X), For Comparison / Contrast -- Vs. Big Pharma, Side By Side, In Q3 2024

It is almost eerily quiet here now, with about six inches down, and still flurries swirling. . . so, why not?

I'll list the health -- and employee-related spending Mr. Bezos laid out, and leave all the core logistics biz spend, to the side. But the $4.38 million, to be clear -- in Q3 2024. . . is for all of the lobbying, not just PPS / health / tele-medicine / owned clinics related:

. . .Issues related to health information technology, Medicare, healthcare and telehealth, including the Telehealth Expansion Act (H.R. 1843 / S. 1001), the Telehealth Benefit Expansion for Workers Act (H.R. 824), the CONNECT for Health Act (S. 2016 / H.R. 4189), the Telehealth Modernization Act (H.R. 7623 / S. 3967), and the Primary Care Enhancement Act (H.R. 3029 / S. 628); issues related to pharmacy, including the Better Mental Health Care, Lower-Cost Drugs, and Extenders Act (S. 3430); and issues related to Fiscal Year 2024 appropriations bills and the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2025 (H.R. 9029). . . .

Issues related to the Equality Act (H.R. 5 / S. 5), the Justice in Policing Act (H.R. 8525), and cannabis reform, including the States Reform Act (H.R. 6028) and the Cannabis Administration & Opportunity Act (S. 4226). . . .

Issues related to Amazons Climate Pledge, including alternative fuel vehicles, electric vehicle charging infrastructure, renewable electricity data, federal fleet electrification, maritime and shipping decarbonization, sustainable aviation fuel (SAF), low-carbon R&D, and plastics. Issues related to energy and environmental provisions in the Infrastructure and Jobs Investment Act (P.L. 117-58) and the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2025 (H.R. 8998). . . .

Issues related to the implementation of the Foundations for Evidence-Based Policymaking Act of 2018 (P.L. 115-435); and implementation of the Federal Artificial Intelligence Risk Management Act of 2023 (P.L. 117-263). . . .

Issues related to STEM education, computer science education, and job training in the CHIPS and Science Act of 2022 (P.L. 117-167). . . .

Issues related to veterans hiring and training, employee compensation and benefits, workplace safety, competition, contracting, and minimum wage, including the AMERICA Act (S. 1073), the Warehouse Worker Protection Act (H.R. 8639 / S. 4260), and a bill to provide that certain discriminatory conduct by covered platforms shall be unlawful, and for other purposes (AICOA) (S. 2033). . . .

Issues related to USDA SNAP online purchasing, including reauthorization of the Agricultural Improvement Act of 2018 (P.L. 115-334), the Farm, Food, and National Security Act of 2024 (H.R. 8467), Electronic Benefit Transfer, the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), and food safety. . . .

Issues related to immigration, high-skilled immigration, and non-immigrant visas, including issues related to employment-based visas, green card backlog, the STEM visa exemption provision, and Deferred Action for Childhood Arrivals (DACA). . . .

Issues related to cybersecurity, including critical infrastructure protection, payments security, cloud security, authentication, government procurement, cybersecurity incident reporting, and artificial intelligence; the Federal Improvement in Technology (FIT) Procurement Act (S. 4066), and the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (H.R. 8070). . . .

Issues related to data protection, encryption, data retention, data breach notification, data security, cross border data flows, privacy, including the American Privacy Rights Act of 2024 (H.R. 8818), law enforcement access, fraud prevention, product safety related to the sale of counterfeit and/or stolen products, including the Combating Organized Retail Crime Act (H.R. 895 / S. 140), cloud computing, including the American Data Privacy and Protection Act (H.R. 8152), and Esther's Law (S. 4298). . . .

Issues related to artificial intelligence safety and research and development, including the Future of AI Innovation Act (S. 4178), the AI Research Innovation, and Accountability Act (S. 3312), the Protecting Consumers from Deceptive AI Act (H.R. 7766), the National AI Commission Act (H.R. 4223), and the Create AI Act (S. 2714). . . .

Issues related to taxes, including renewable energy tax credits, digital goods and services, international and corporate taxation, the Tax Relief for American Families and Workers Act (H.R. 7024), and implementation of the Tax Cut and Jobs Act (P.L. 115-97). . . .

Issues related to intellectual property, including copyright reform and artificial intelligence; and issues related to patent reform, intermediary liability, and rights of publicity. Issues related to patent reform, including the PREVAIL Act (S. 2220) and the Patent Eligibility Restoration Act (S. 2140). . . .

Now you know. Grinning, as my house starts to fill up as of tonight, for the feast next Thursday. . . weary travellers, headed home. Perfect!

नमस्ते

It Appears Mr. Grant Has Agreed To A Payment, From Team Tangerine -- For The Latter's Stealing "Electric Avenue" In 2020. Woot!

Well. . . that did not take too terribly long [the mandated settlement conference was two days ago, now]. And, unless Team Trump defaults on its payment obligations (and thus forces a collection / receivership action) -- we aren't likely to know how much Mr. Grant has been paid.

But as with all matters. . . Tangerine, the probability is. . . that he may very well default, on this court ordered agreement. So we may yet know.

For Eddy's sake -- I will hope that Tangerine just pays what he owes, quietly. But I'd not bet the ranch on it, honestly. So we will keep an eye on that case / docket / file. Here's the overnight order, and a bit of it:

. . .ORDER: It having been reported to this Court that the parties have settled this action, it is hereby ordered that this matter be discontinued with prejudice but without costs; provided, however, that within 30 days of the date of this order, counsel for the plaintiff may apply by letter for restoration of the action to the calendar of the undersigned, in which event the action will be restored. Any application to reopen must be filed within thirty (30) days of this order; any application to reopen filed thereafter may be denied solely on that basis.

Further, if the parties wish for the Court to retain jurisdiction for the purpose of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same thirty-day period to be so-ordered by the Court. Unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. All pending motions are dismissed as moot. All conferences are canceled. The Clerk of Court is directed to close this case.

SO ORDERED. (Signed by Judge John G. Koeltl on 11/20/2024). . . .

Now you know. Snows are now easing up here -- done shovelling -- and baby girl, in tonight, very late -- from the Baja (Mexican) coast. Grin -- oh, and Matt Gaetz is. . . toast.

नमस्ते

Time For A Candid -- And Yet Strident, Assessment Of "What Went Wrong" -- In Mpox's First 100 Days...

I am afraid that, as we all know. . . those who refuse to learn from history. . . are fated to repeat it. [I am looking right at you, Mr. Kennedy, and "Dr." Oz.] This Mpox Clade 1b outbreak is Exhibit A, in that regard.

Do take the time to read it all -- it draws from lessons we should have learned in both COVID-19, and in the last two Clade 2 mpox outbreaks. Here's the UK Guardian's fine piece:

. . .To sum it up, at day 100, we still don’t have a WHO-approved antigen-based RDT, or true point-of-care tests that can distinguish between mpox clades (ie, which type it is) and be easily used in rural communities. Without tests at the community level, efforts to monitor and contain spread will be impeded. Until then, we must decentralise laboratory testing to districts and strengthen human and infrastructural testing capacity.

There is some hope that treatments used for other diseases could be repurposed for mpox, with clinical trials under way and monoclonal antibody-based drugs being explored. But the reality is that after 100 days, no therapeutic is available for the new variant. . . . Efforts are being made to address this through the establishment of a therapeutics development coalition – though this will be a long road, with most candidate treatments still in preclinical stages. . . .

Leaders should actively commit to the equitable rollout of pledged vaccines and implementing community-centred public health measures. They should be accelerating access to promising point-of-care tests that identify different mpox strains and speeding up the evaluation of repurposed treatments, while also investing in development for new treatments and committing to expanding and expediting clinical trials for any promising drugs that arise.

Mpox is testing our resolve and our preparedness. Despite progress, the sad reality is that if we had learned and embedded the lessons from previous emergencies, we could have responded faster. This is the second mpox emergency in two years. If we had accelerated research and development in 2022, we might have had many more tools at our disposal now. . . .

We are watching large, fluffy flakes wheel lazily to the still green lawn, here. . . and wondering. . . wondering: are these middle/center GOP Senators smart enough to vote down nominations that will doubtless cause hundreds of thousands of avoidable deaths?

We shall see -- thinking here about. . . Oz; thinking about Kennedy; and yes, Hegseth; McMahon and most of all: Gaetz. Sheesh.

नमस्ते

Meanwhile, As Rudy G. Continues To Defame The Plaintiffs -- In DC, They Move Today For Contempt -- And A Possibility Of Incarceration -- And Fines, For Violations Of The Prior Orders...

Most of us, long ago, learned -- where and when. . . the "first rule of holes" applies -- as here: when you find yourself in one, stop digging.

The former Mayor of New York, now a disbarred former attorney, and bankrupted man -- seems not to have ever learned this lesson. This evening, in DC federal court, the two Georgia election workers moved to have him held in contempt, for failing to abide by an agreed federal injunction, against his making statements disparaging of the plaintiffs. And yet, he did so, again, just this week -- on radio broadcasts, according to sworn federal court filings just made public. What a. . . putz:

. . .Mr. Giuliani is now brazenly violating that Consent Injunction. In two recent broadcasts of his nightly show, Mr. Giuliani claimed -- unambiguously referring to Plaintiffs -- that “they never let me show the tapes that show them quadruple counting the the the ballots,” that his tapes showed Plaintiffs “passing these little uh little hard drives that we maintain were used to fix the machines right and they say it was candy. Well you look at it looks like a hard drive to me and they told me it was a hard drive and there’s no proof that it was candy,” and that “you can see if you want uh in living color her quadruple counting votes and the people uh thrown out of the Arena.”

These statements repeat the exact same lies for which Mr. Giuliani has already been held liable, and which he agreed to be bound by court order to stop repeating. They constitute unambiguous violations of the Consent Injunction. The Court should hold Mr. Giuliani in civil contempt and -- following a hearing, if necessary -- impose sanctions calculated to ensure Mr. Giuliani’s compliance with the Consent Injunction. . . .

Prepare to meet "The Kraken", indeed -- Rudy. But this time. . . it may well haul you. . . off into custody, either in Manhattan or the District of Columbia. Sheesh.

नमस्ते

Seeking To Expedite Mr. Giuliani's [Reluctant] Compliance With Prior Federal Court Orders, Here... Yikes!

One would literally be hard pressed to make up. . . a tale of such shocking hubris, from whole cloth, about a former US Attorney, and Mayor of the nation's largest city. It would be thought. . . unimaginable, just two decades ago. But we are now in the age of "pals of Tangerine" -- people who think the law doesn't apply. . . to them.

This letter speaks volumes, about the abuses Rudy is attempting to heap, broadly on the judicial system -- and on the individual Georgia women / the parties he has injured, more specifically:

. . .Preparing those issues for trial by January 16, 2025 -- including by having adequate documents in time to address them at Defendant’s deposition -- will require Defendant’s prompt compliance with discovery requests. Unfortunately, Mr. Giuliani has already demonstrated his unwillingness to comply with discovery deadlines in No. 24-cv-6563, ignoring the first set of RFPs filed in that case altogether. See No. 24-cv-6563, ECF No. 92.

Meanwhile, in seeking withdrawal from this case, Mr. Giuliani’s would-be outgoing counsel have hinted that Mr. Giuliani’s underlying legal position regarding his discovery obligations is so beyond the pale that it cannot even be said out loud. See ECF No. 126 (Mr. Giuliani’s counsel stating that “when ‘addressing’ discovery disputes, we cannot truthfully and completely state Defendant’s position -- to Plaintiffs’ counsel, or on the public record of these actions -- without prejudicing Defendant”). In short, there is no reason to believe that discovery in this action will be any different than discovery in No. 24-cv-6563. Even apart from the impending trial date, shortening the default period for Defendant to respond to discovery requests in this action to 14 days will maximize the efficiency with which the Court can address the inevitable issues with Defendant’s productions (or lack thereof) as they arise. . . .

Now you know. Onward, resolutely.

नमस्ते

One of My Long Time Favorite Mid-Century Surrealists' Paintings (One in a Series, of 27)... Just Sold For A Record Sum, At Christie's, Yesterday...

The painting, by Magritte -- is. . . vastly famous (as is the artist), to be sure. [And that may in part explain the outsized sale price.] It is but one of 27 L'empire des lumières paintings, by the artist -- but aside from the brown bowler hat guy paintings, is likely his most well-known work.

The midday blue sky, with puffy clouds floating above a clearly late night street lamp lit scene, with puddles from an earlier rain. . . is both puzzling, and soothing -- in one. Here are the details [and please forgive me for stylizing the painting for this website's sensibilities -- but that also assures that no one will filch it -- and frame it. Hah!]

The deets, then:

. . .Though perhaps best known for his surrealist depictions of bowler hat-wearing men, Magritte spent a period of 15 years exploring the fleeting transition from day to night in landscape painting. He produced a total of 17 oil paintings and 10 gouaches (water-based paintings) that all share the name “L’empire des lumières” –– and each with small alternations between versions. . . .

The paradoxical paintings rose in demand, particularly when a large version created in 1954 was featured in the Belgian Pavilion at the Venice Biennale and was sold to famed collector Peggy Guggenheim. Magritte went on to create three similarly large canvases — including the one that sold Tuesday — that same year so as not to disappoint other collectors.

When asked about the comparatively subtle surrealism of the “L’empire des Lumières” works, Sandra Zalman, an art history associate professor at the University of Houston, argued that the lamppost was an early iteration of the iconic bowler-hat man.

“The lamppost’s shadow alludes to the bowler-hatted man, hovering — or haunting — the space that would otherwise be considered a quiet, though eerie, landscape,” she said, in an email. . . .

There you have it -- and art like this. . . (and like. . . Banksy's and Monet's) will forever fire my imagination. I can't get enough of it. Onward, grinning into the bright sunshine -- even as temps plummet.

नमस्ते

Tangential Post | Credit, Where Credit Is... Due: Martin Shkreli At Least Gets An "A" -- For Effort, On Speaking To Philistines...

We have been pretty strident -- in our coverage critical of Mr. Shkreli's crimes and civil antitrust conspiracies. We stand by all of that. But to be fair, he tries from time to time -- to rehab his reputation. This week, it is by arguing with Neanderthals, over on X-itter, about the actual bio-science of. . . human gender. [Not some quasi-biblical mis-interpretation of the same.]

Admittedly, it is only on one topic.

But I will give him credit. . . for at least trying.

Yesterday, into today, he tried to pick a fight with a group of "Flat-Earther" people on X-itter, those who think they understand gender's bioscience. Or the Bible -- or something.

I applaud the effort, Martin -- and you are right on the DNA/genome science you offer.

But you are speaking to a social media site increasingly populated by morons and trolls -- some beholden to Russian oligarchs, and to Tangerine, of course.

That is by design, under Elon Musk. A feature, not a bug.

So -- I wish him well -- but it is a waste of. . . electrons, and breath. Just migrate to BlueSky, or Counter.Social or Mastodon, man.

Word to the wise.

I'll look for something a lil' less. . . trivial, around the noon-hour. . . as we await the snows, here.

Out.

नमस्ते

Seen On X-itter -- So Take It All With A TRUCKLOAD Of Salt... Incyte To Be Acquired By Merck? I For One Doubt It...

Separately, we can confirm definitively that Merck has boosted its quarterly dividend -- to $0.81/share -- starting in January 2025, though. [That's good news for long term holders, to be sure -- even with the less than stellar tax effect, of paying cash dividends in US companies.]

But let's put this one in the category of. . . not terribly. . . likely.

There would be little reason for Rahway to need to own the whole cow -- when it will always be able to access just the cups of milk it most desires, as a rule.

Yep -- it is a repeated rumor -- based off of a rumor, thus:

. . .Mark Kleinman, Sky News’ City editor, posted on X, the service formerly known as Twitter: “Revealed: Merck, the US-listed pharma group, is the latest industry giant to be linked to a takeover bid for Incyte, with which it collaborates on several drug development projects. Merck has a market cap of $244bn, while Incyte is valued at nearly $15bn. Both refused to comment. . . .”

As we always say -- "never say never. . ." but I am a skeptic here. But do bet on that fat dividend -- now approaching 4% a year. Grin -- now. . . go Buffs, beat the Jayhawks!

नमस्ते

Another Day; Another Non-Compliant Letter "Motion"; Another Smackdown, From USDC Judge Liman, In Manhattan -- Rudy Chronicles, Continued.

Well. . . surprising no one who's been paying much attention, Mr. Giuliani's Staten Island lawyer was -- for the second time in as many days -- told to learn how to file motions, in Manhattan's federal district courts.

He keeps dashing off very informal letters (which leave some ambiguity as to whether the statements have been verified by the lawyer, or are made, effectively under oath by Rudy hisself). That is why Manhattan local rules require formal motion practice: to prevent a lawyer (or a client) from later saying "Gee, I did not know that was a false statement to the court!"

In any event, the new Rudy four page letter (which I won't link) sought to require Judge Liman to set aside about $210,000 from any sale proceeds, from the NY Co-Op property, at right -- to be sure Rudy could get what the lawyer styled as "a homestead exemption" in one of either NY or Florida -- in cash.

That motion -- even if ultimately made properly -- will fail. Rudy's only chance now, now that he's voluntarily turned over the NY place -- is to get the Florida place exempted. But even then, he couldn't claim cash back from the plaintiffs, here -- he would just be allowed to keep living in the Florida place (or sell it himself, and generate cash -- but then the cash could be attached, excepting only about $6,000 worth) -- as non-exempt asset, subject to the prior turnover orders, already entered.

Rudy will never have substantial assets again, in life -- (absent winning the Mega-Millions!) he'll never be able to pay off the $148 million he owes -- plus interest. [And every time he gets some cash, the Georgia poll workers / mother daughter will get all but 34% of it, as garnished "wages".] He will have to live on only about 15% of what he brings in, as he will owe federal, and state, income taxes on the full amount, but be required to pay them out of his 34% allowances. Forever. And ever.

[To be clear, this would assume he can generate, at a gross level, over $200,000 a year on the radio, or in appearances at MAGA events. OTOH, if he is only earning under $60,000 a year, then his "allowance" will be higher, and his tax burden. . . lowered -- but his net take-homes will put him very near the poverty line. Forever.] Couldn't happen to a nicer guy.

Onward.

नमस्ते

Power Alley: While A Bit Behind -- On The FDA Approval Calendar -- Compared To Roche's Tecentriq®, and BMS's Opdivo®, Keytruda® Scored A Win -- In A Subcutaneous (i.e., Long Acting) Delivery Form

This will undoubtedly expand the use of the blockbuster (in certain lung cancers), especially in parts of deeply-rural America (and later, around the world) -- for people who live several hours away from any major teaching hospital or cancer center. Having to drive ten hours or more -- or fly about every week -- or every other one -- can be a logistical / financial deal-breaker. This opens the probability of only making the trip once every three months.

Here's the whole story, from the irrepressible FiercePharma -- and a bit:

. . .Two months after Roche scored an FDA approval for its subcutaneous version of PD-LI inhibitor Tecentriq, Merck has achieved a key milestone in lining up its checkpoint inhibitor Keytruda to follow suit.

On Tuesday, company revealed that its subcutaneous formulation of Keytruda has aced a phase 3 trial, demonstrating non-inferiority to the immunotherapy’s intravenous version. . . .

[S]ubcutaneous Keytruda -- which includes Alteogen’s berahyaluronidase alfa, an enzyme used to improve the absorption and dispersion of drugs and other agents -- was given to metastatic non-small cell lung cancer patients along with chemotherapy. Another group of patients received IV Keytruda and chemotherapy. . . .

Gaining approval for subcutaneous Keytruda would expand access for the world’s best-selling drug, which racked up sales of $25 billion last year. In its IV form, Keytruda is administered at infusion centers, with the procedure taking approximately 30 minutes, every three to six weeks. . . .

Now you know -- and on, to loads of Cajun Lobster, and Shrimp tonight! Woot!

नमस्ते

The ESA / Rosetta / Philae Comet Landing -- Ten Years On: A [Very Fond] Look Back.

We covered this closely, for a year -- almost exactly a decade ago, now. And what a time it was -- even though the lil' lander ended up laying in a shadow on its side.

It was then largely "missing" -- from mid November of that year, until early January, of the next-- when it was spotted again. Here's a reminder of what all went down -- for advancing celestial object science, and exploration:

. . .[In November 2014], after a ten-year journey through the Solar System and over 500 million kilometres from home, Rosetta’s lander Philae made space exploration history by touching down on a comet for the first time. On the occasion of the tenth anniversary of this extraordinary feat, we celebrate by taking a look back over the mission's highlights.

Rosetta was an ESA mission with contributions from its Member States and NASA. It studied Comet 67P/Churyumov-Gerasimenko for over two years, including delivering lander Philae to the comet’s surface. Philae was provided by a consortium led by DLR, MPS, CNES and ASI. . . [with a video below narrated with a lilting Gaelic brogue, too!].

Now you know. what a time, indeed -- a bumpy ride, going into those weeks, here on Jasoom, as well -- as we swirled between craggy lawfirms' managing partners -- and, in truth, various people -- some still in the shadows, as well. What a time, indeed.

नमस्ते

No Way To Know If A Deal Was Reached -- But Eddy Grant Had Tangerine's People "At Bargaining Table" This Morning.

In Manhattan, there has been a settlement conference -- to hammer out the damages Team Trump owes Eddy Grant for stealing "Electric Avenue" -- in a campaign ad, from the last election cycle (2020).

The court long ago ruled this was a case of willful, unlawful infringement, by the Trump 2020 Campaign.

And now the main issue is how much does the RNC/Tangerine owe to Mr. Grant:

. . .Minute Entry for proceedings held before Magistrate Judge Henry J Ricardo: Telephone Conference held on 11/18/2024. (rdz). . . .

We wait to see -- if a settlement agreement emerges on the docket in Manhattan, in the coming weeks (or months).

Onward, smiling. . . in spite of myself.

Ever... onward.

नमस्ते