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Business

Dominion Sues Fox Information, Claiming Defamation in Election Protection

Fox News and its powerful owner, Rupert Murdoch, face a second major libel suit over the network’s coverage of the 2020 presidential election, a new front in the growing litigation over media disinformation and its aftermath.

In the recent aftershock of Donald J. Trump’s attempt to undermine President Biden’s victory, Dominion Voting Systems, an electoral technology company at the center of an unsubstantiated pro-Trump conspiracy theory about rigged voting machines, filed a lawsuit on Friday in Fox News has been accused of promoting lies that ruined its reputation and business.

Dominion, who has filed for a lawsuit, is seeking at least $ 1.6 billion in damages. Less than two months ago, another electoral technology company, Smartmatic, filed a $ 2.7 billion lawsuit against Murdoch’s Fox Corporation, naming Fox anchors Maria Bartiromo, Lou Dobbs and Jeanine Pirro as defendants.

In a 139-page complaint filed with the Delaware Supreme Court, Dominion depicted Fox as an active participant in spreading false claims that the company changed the number of votes and tampered with its machines to aid Mr. Biden in the election.

These falsehoods were relentlessly promoted in public forums, including appearances on Fox programs, by Mr. Trump’s attorneys, Rudolph Giuliani and Sidney Powell.

In January, Dominion sued Mr. Giuliani and Ms. Powell on charges of defamation. The company also sued Mike Lindell, the executive director of MyPillow and an ally of Trump’s who was a frequent guest at Fox and other conservative media outlets. Each of these lawsuits seek damages in excess of $ 1 billion.

“The truth matters,” wrote Dominion’s attorneys in Friday’s complaint against Fox. “Lies have consequences. Fox sold a false story of electoral fraud for its own commercial purposes, seriously injuring Dominion in the process. If this case does not result in defamation by a broadcaster, it does nothing. “

In a statement on Friday, Fox said the coverage of the 2020 election “is in the highest tradition of American journalism” and pledged to “vigorously defend this unsubstantiated lawsuit in court.”

Dominion’s filing opened a new phase in the battle against the critics, and Thomas A. Clare, an attorney who represents the company, said Fox’s lawsuit was unlikely to be the final legal action. Susman Godfrey law firm, known for bringing cases to court, recently partnered with Mr. Clare’s law firm to support Dominion’s case.

Fox Corporation has filed a motion to dismiss the Smartmatic lawsuit, arguing that the false claims of election fraud on its channels were part of coverage of a short-lived story of significant public interest.

“A sitting president’s attempt to question the outcome of an election is objectively newsworthy,” Fox wrote in the motion.

The tale that Mr. Trump and his allies made about Dominion was one of the baroque creations of a month-long effort to cast doubt on the 2020 election results and convince Americans that Mr. Biden’s victory was illegitimate.

Founded in 2002, Dominion is one of the largest voting machine manufacturers in the United States. More than two dozen states, including several owned by Mr. Trump, used their equipment over the past year.

Mr. Trump’s allies falsely portrayed Dominion as biased against Mr. Biden, arguing without evidence that it was linked to Hugo Chavez, the long-dead Venezuelan president. Dominion founder John Poulos and other employees received harassing and threatening messages from people who believed the company had undermined the election results, according to the complaint.

Fox News and Fox Business programs were part of the mass media in which supporters of Mr. Trump denounced Dominion. The lawsuit also cites examples of Fox hosts, including Ms. Bartiromo and Mr. Dobbs, being uncritically repeated or vouching for false claims made by Mr. Giuliani and Ms. Powell.

“Fox took a small flame and turned it into a forest fire,” wrote Dominion in the lawsuit, adding that the network “gave these fictions a meaning they would otherwise never have achieved.”

Dominion attorneys also cited an unusual argument by Ms. Powell on Friday in a motion filed Monday to dismiss Dominion’s separate lawsuit against her.

In that motion, her lawyers alleged that “no sane person” would accept Ms. Powell’s allegations as facts because the political language is often imprecise. The motion essentially argues that their claims about Dominion’s voting machines were hyperbolic and therefore not defamatory.

Mr. Clare described Ms. Powell’s allegation as “ridiculous,” but said her acknowledgment that her allegations were not factual may prove relevant to Dominion’s lawsuit. “Fox knew these were lies, but they made a conscious choice to pass them on to their huge audience,” Clare said on a call to journalists.

Dominion said it recently lost key contracts with election officials in Georgia and Louisiana, adding that the company now faces “the hatred, scorn and distrust of tens of millions of American voters”.

Defamation battles are a relatively novel tactic in the fight against disinformation, but they have produced some early results.

In February, two days after Smartmatic filed its lawsuit, Fox Business canceled its highest-rated program, Lou Dobbs Tonight. An anchor on Newsmax – a pro-Trump cable channel that received letters from Dominion and Smartmatic warning of imminent legal action – interrupted an interview with Mr Lindell after the MyPillow founder began attacking Dominion.

Combined, Dominion and Smartmatic are seeking at least $ 4.3 billion in damages from Fox. Fox Corporation, which is controlled by Mr. Murdoch, 90) and his older son Lachlan, said it had pretax profits of $ 3 billion on sales of $ 12.3 billion from September 2019 to September 2020 .

As a large media organization, Fox News enjoys solid protection under First Amendment case law, which often protects newspapers and broadcasters from being held liable for claims made by interviewees. If a court found Dominion to be a public figure, its attorneys would have to show that Fox acted with “real malice” and “reckless disregard” for the truth, which is usually a high standard.

“There is concern that putting Fox under liability could lead to the suppression of information about which people have a strong interest,” said Timothy Zick, a professor at William and Mary Law School, who referred to the law first Specializes in change.

In its lawsuit on Friday, Dominion argued that Fox had an incentive to spread falsehoods about a rigged election, in part to reassure pro-Trump viewers who were upset about the network’s early projection that Mr. Biden would wear Arizona .

Dominion also claims that Fox and its hosts have benefited from uncritically reiterating these baseless claims. The lawsuit cites a surge in ratings for anchors like Ms. Bartiromo and Mr. Dobbs after the election, noting that Ms. Pirro’s ex-husband, who spoke on the air of a stolen election, later received a pardon from Mr. Trump.

Fox has argued that its coverage of the election should be viewed in its entirety, noting that at least one host, Tucker Carlson, was skeptical of Ms. Powell’s statements. The network has also said that allegations made by the president’s lawyers in an electoral battle were inherently timely.

Freedom of expression experts said Fox was forced to defend its journalism more fully than the particular claims it made about Dominion and Smartmatic.

“Fox had a problem because many of its experts said the very things that prompted Dominion to bring this lawsuit,” prominent First Amendment attorney Floyd Abrams said in an interview.

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Health

Liesbeth Stoeffler, 61, Runner Stored Going by Uncommon Lung Therapy, Dies

Liesbeth Stoeffler’s doctors had to make a courageous decision in 2009. Ms. Stoeffler was on a ventilator and deeply sedated after cystic fibrosis destroyed the lungs that had once given her the ability to run and hike.

She needed a double lung transplant, but doctors feared that prolonged ventilatory time could make her too weak or malnourished to be eligible for a transplant.

Doctors at Columbia University’s Irving Medical Center took her off the ventilator in about a day and hooked her to an extracorporeal membrane oxygenation machine (ECMO) that pumped blood out of her body, removed carbon dioxide, and flowed oxygen-rich blood back into her. In fact, it looked like an artificial lung.

It was a rarely known and risky use of the machine, which not only enabled Ms. Stoeffler to wake up from the calm. She was also able to eat, talk on her smartphone, exercise in bed, and walk on the spot while connected – an unusually long 18 days for the transplant to take place.

“The ECMO was the bridge between my respiratory failure and the transplant,” Ms. Stoeffler told USA Today in 2009.

ECMO – a treatment for viruses that damage the lungs – has proven extremely helpful in the past in cases of H1N1 flu (or swine flu) and is used, according to Columbia and other ECMO centers around the world. A study published in the medical journal The Lancet last September showed that 62.6 percent of 1,035 seriously ill Covid-19 patients survived after ECMO treatment.

Ms. Stoeffler’s transplanted lungs worked well for almost a decade, allowing her to hike in the mountains near her parents’ home in Austria and complete two New York marathons, half marathons, an Ironman bike course, and a sprint triathlon.

But her body eventually refused the transplanted lungs, and she underwent another transplant in 2019. It didn’t work that well or lasted so long. Ms. Stoeffler died of cystic fibrosis at Irving Medical Center on March 4, said her brother Ewald Stoffler. She was 61 years old.

Liesbeth Stoeffler was born on June 18, 1959 in Hermagor, Austria, a town at the foot of the Carnic Alps. Her father Johann was a truck driver; Her mother, Margarethe (Strempfl) Stoeffler, was a housewife.

After graduating from business school, she left Austria in 1977 for an au pair job in Manhattan, where she had hoped to move since she was a teenager, her brother said in an email.

Updated

March 26, 2021 at 12:43 am ET

“During the first three years that Liesbeth spent in New York, she refused to speak a single word of German,” wrote Stoeffler, “so that she could learn English as quickly and as well as possible.”

She took courses in computers and graphic design and was hired by Deutsche Bank, Blackstone Group, and eventually investment management firm Sanford C. Bernstein (now AllianceBernstein). She worked there for nearly 20 years, rising to vice president and presentation specialist, creating graphics for marketing and sales documents.

During her time at Bernstein, she developed breathing problems and found out in 1995 that she had cystic fibrosis. But she kept this largely to herself.

“She always coughed and got her staff to ask her to check it out,” said Christina Restivo, a close friend she met in Bernstein and who headed a support team of friends who looked after her. “She kept it private until she got to the point where the only way to live was a double transplant.”

In June 2009, after a routine blood test in the hospital, Ms. Stoeffler felt too exhausted to return home. One of her doctors, David Lederer, a pulmonologist, admitted it.

“She was in intensive care and on a ventilator within 48 hours,” he said in a video of her case created by Irving Medical Center. He added, “She didn’t really improve the vent support we provided for her so we knew we had to do something for her.”

Using the ECMO helped her remain eligible for the transplant. “About five days later she told me it was the best thing she’d felt in years,” said Dr. Matthew Bacchetta, who also treated Ms. Stoeffler, an online publication in Columbia.

In less than two years, Ms. Stoeffler started running seriously. Starting with the Fred Lebow Classic, a five-mile race in Central Park in January 2011 (named after the founder of the New York City Marathon), she finished 47 different races hosted by the New York Road Runners Club. Their last was an 8-kilometer event in August 2017.

Ms. Restivo said her friend’s running likely extended the life of her transplanted lungs.

“Because your immune system is so suppressed by a transplant, she was told not to work out in a gym where she could pick up bacteria,” she said. “She used nature to exercise her lungs.”

In addition to her brother Ewald, three sisters, Gabriele and Birgit Stoeffler and Waltraud Wildpanner, Mrs. Stoeffler survive. and another brother, Hannes.

Ms. Restivo, who is Ms. Stoeffler’s executor, said Ms. Stoeffler would sometimes write to the doctors with instructions. Another text arrived on her last day.

“I got a call to go to the hospital at 3:30 am,” she said. “Liesbeth was still vigilant with her oxygen mask, texting me as usual, telling me what to do and keeping me informed of her status. Fully aware at all times. “

Categories
Politics

Who Are Gavin Newsom’s Enemies?

Much remains to be changed: if the organizers of the recall hit the signature threshold, the vote on Mr Newsom’s recall and the election of his successor – both of which would be in a single ballot – would likely only take place near the end of the year.

This recall is being led by Orrin Heatlie, a Conservative and former sergeant in the Yolo County Sheriff’s Department who shared her views on vaccination and LGBTQ online as recently as last year. However, the company is backed by a number of political action committees, most of which are right-wing.

Randy Economy, a political advisor and talk radio host, is serving as senior advisor to Recall Gavin Newsom, the group organizing the effort. He said the governor’s behavior and conduct made the recall necessary. “It’s up to Gavin Newsom himself and the way he’s been acting every day since he became governor,” Economy said in an interview. “It was more about his image and his self-aggrandizement than about fixing the problems.”

Mr. Newsom’s approval rating is nowhere near as low as Governor Gray Davis’s in 2003, when voters ousted him on a recall. Arnold Schwarzenegger, who ran as a moderate Republican, benefited from these efforts, won the recall elections and served as governor for more than seven years.

California politics is different – and decidedly more democratic – than it was 18 years ago. Democrats now have a 2: 1 advantage in terms of voter registration across the state. Just because there’s a Republican-led effort doesn’t mean that a Republican will be the one who will ultimately benefit from it. Mr Economy, who volunteered for Mr Trump’s presidential campaign in 2016 but has also worked for Democrats in the past, insisted that his team’s goal was non-partisan.

“It’s not our job to choose the next governor. Our job is to ensure that this governor is recalled and removed from office, ”he said.

The state shines a light on prominent (let alone popular) GOP politicians, and some ambitious Democrats already seem ready to run through the open door. All of this suggests a possible irony: even if it were only the second successful recall in California history, the conservative-led push could ultimately elevate another Democrat, possibly one to the left of Mr. Newsom.

Categories
Business

‘Previous guard’ of buyers is again in cost

CNBC’s Jim Cramer says investors are optimistic about the introduction of Covid vaccines. This caused US stocks to rally on Friday.

The Dow Jones Industrial Average gained 453.40 points, or 1.4%, while the broad S&P 500 rose 1.7% to hit a record high. Tech-heavy Nasdaq ended the day after falling 0.8% at a point 1.2% higher.

“Virtually every sector recorded aggressive buying, with the exception of the once so hot, very expensive and difficult to understand technology stocks,” said the host of “Mad Money”. “I think it’s all about the ‘big reopening’ as the United States will have 240 million vaccines from Moderna, Pfizer and J&J by next week when they ramp up.”

The increased availability of vaccines means that bottled consumer demand is entering the economy sooner than expected, Cramer said. He pointed out that L Brands – the owner of Bath & Body Works and Victoria’s Secret – increased its earnings outlook for the first quarter on Friday. The company’s shares rose over 3% during the session.

“Reopening trade throws a wide web,” said Cramer. “I think the buy was so strong that it masked the endless liquidation of stocks that were once loved by younger buyers,” he added.

It’s not exactly clear where the new entrants were going, Cramer said. Nevertheless, he said, “the old guard seems to be in command again”.

“For once, the ‘Great Reopening’ trade felt hugely positive today … with many winners and very few losers,” he added. “If that’s the new norm, call me a happy camper, but let’s see if it lasts next week.”

Cramer offered his game plan for the upcoming winning list:

A sign is displayed at a Lululemon Athletica Inc. store in Pasadena, California.

Getty Images

Tuesday: McCormick & Company, PVH, Lululemon, Chewy and BlackBerry

McCormick & Company

  • Fiscal 2021 First Quarter Results Before The Bell; Conference call at 8 a.m. ET
  • Projected EPS: 59 cents according to FactSet

“We’re going to see how much this company thrives under the ‘big reopening.’ Here’s the problem: McCormick has a huge food service business serving restaurants and that was a real dog,” Cramer said. “But the stock did a fabulous run over the past year as consumer business flourished under the ‘stay-at-home’ economy. Now people will assume the stock took its run after trading more than $ 2 , 5 million people vaccinated each day. “

PVH

  • Fourth Quarter 2020 Results After The Bell; Conference call at 9 a.m. ET Wednesday
  • Expected loss per share: 32 cents according to FactSet

Lululemon

  • Fourth Quarter Fiscal 2020 Results After The Bell; Conference call at 4:30 p.m. ET Tuesday
  • Projected EPS: $ 2.49 per FactSet

“Upon graduation, we’ll hear from a clothing company believed to be a victim of the pandemic, PVH, and one widely viewed as a Covid winner, Lululemon,” Cramer said. “I think the market decided that this is the time for PVH to shine – it’s been roaring since the vaccine rollout began in earnest. Lulu on the other hand … it was shunned because everyone’s their stuff as the kind looks at casual clothes you wear when you stay home from work and no one is looking at you. Let’s see what they have to say. “

Tough

  • Fourth Quarter 2020 Results After The Bell; Conference call at 5 p.m. ET Tuesday
  • Expected loss per share: 10 cents according to FactSet

blackberry

  • Fourth Quarter 2020 Results After The Bell; Conference call at 5:30 p.m. ET
  • Projected EPS: 3 cents according to FactSet

Both Chewy and BlackBerry are stocks preferred by investors who congregate on online forums like Reddit’s WallStreetBets, Cramer said.

“The WallStreetBets crew likes Chewy because they were co-founded by Ryan Cohen. He’s the man with the plan to turn GameStop around from his place on the board of directors,” said Cramer. “Blackberry is one of the meme stocks that caught fire in January thanks to a Reddit-induced short squeeze. I don’t see the appeal. Maybe the neighborhood can change my mind. Don’t hold your breath.”

Wednesday: Walgreens Boots Alliance, Micron and Dave & Buster’s

Walgreens Boots Alliance

  • Fiscal 2021 Second Quarter Results Before The Bell; Conference call at 8:30 a.m. ET
  • Projected EPS: $ 1.13 according to FactSet

Rosalind Brewer, Walgreens’ new CEO, is “one of my all-time favorite managers,” said Cramer. Hopefully she’ll tell us some of her plans to grow sales. Brewer comes from Starbucks where she was COO, and to speak to someone who owns Starbucks for my charitable trust, losing her to Walgreens was a big blow. “

micron

  • Second Quarter Fiscal Year 2021 Results After The Bell; Conference call at 4:30 p.m. ET
  • Projected EPS: 93 cents according to FactSet

“I also can’t wait to hear from Micron after close of trading. I believe both businesses – and that’s DRAM and Flash – are buzzing. I expect the numbers to go up significantly. The stock appears to be so anticipate, “said Cramer.

Dave & Buster’s

  • Fourth quarter 2020 results after market close; Conference call at 5 p.m. ET
  • Estimated Loss Per Share: $ 1.29 according to FactSet

“I suspect his stock will react well no matter what because it’s such an obvious reopening game. We saw it with Darden,” Cramer said, referring to Olive Garden’s parents. “I thought everyone knew Darden was going to be good. [The stock] went even higher. … I expect the same story from Dave & Buster. “

Thursday: CarMax

CarMax

  • Fiscal Fourth Quarter 2021 on the Bell; Conference call at 9 a.m. ET
  • Projected EPS: $ 1.26 according to FactSet

“I think this will be the best quarter of the week. This will be the standout one as CarMax mainly sells used vehicles,” said Cramer. “At the moment, automakers are continuing to cut production because they can’t get enough semiconductors. That’s why more and more people are buying used ones and that drives up prices. CarMax is in heaven.”

Categories
Entertainment

Beverly Cleary, Writer of Ramona Quimby Books, Dies at 104

Beverly Cleary died on March 25 at the age of 104, according to a statement from HarperCollins. The beloved children’s author was responsible for creating some of the most recognizable characters in children’s literature, including Ramona Quimby, Beezus Quimby, Ralph S. Mouse, and others. Beverly died in Carmel, California, where she had lived since the 1960s, and is survived by her two children, Malcolm and Marianne, three grandchildren and one great-grandson.

“We’re sorry that Beverly Cleary, one of the most popular children’s authors of all time, passed away yesterday, March 25, at the age of 104,” said Suzanne Murphy, president and editor of HarperCollins Children’s Books, in a statement. “In retrospect, Beverly often said, ‘I had a happy life,’ and generations of readers consider themselves lucky, too lucky to have the very real characters she created, including Henry Huggins, Ramona and Beezus Quimby and Ralph S. Mouse as true friends who shaped their youth. “After hearing of Beverly’s death, a Facebook commenter wrote,” The first author I ever loved. May you rest in a well-deserved peace. Thank you for all that You have given millions of budding readers. “

Beverly’s 55-year writing career began in 1950 with the publication of Henry Hugginsthrough which she began to set a standard for realistic children’s literature with her authentic storybook characters. Her books have since sold more than 85 million copies and have been translated into 29 different languages. During her lifetime, Cleary received the American Library Association’s Laura Ingalls Wilder Award in 1975, the Catholic Library Association’s Regina Medal in 1980, and the University of Southern Mississippi Silver Medallion in 1982, among others. In 1984 she was the American author for the international Hans Christian Andersen Award and in 2000 was named “Living Legend” by the Library of Congress.

Donations on Beverly’s behalf can go to the Library Foundation of Portland or the University of Washington Information School.

We’re sad that Beverly Cleary, one of the most popular children’s authors of all time, has passed away …

Posted by Beverly Cleary on Friday March 26th, 2021

Image source: Alan McEwan

Categories
Health

WHO warns towards gross sales of counterfeit Covid vaccines on the darkish net

Small bottles labeled “Vaccine” stickers are placed near a medical syringe in front of the words “Coronavirus COVID-19” displayed in this April 10, 2020 illustration.

Given Ruvic | Reuters

The World Health Organization warned of counterfeit Covid-19 vaccines being sold on the internet during a press conference on Friday.

“We urge all people not to buy vaccines outside of government vaccination programs. Any vaccine outside of these programs can be inferior or counterfeit and potentially cause serious harm,” said Tedros Adhanom Ghebreyesus, WHO Director General.

The WHO top official said the group was also aware of reports of “criminal groups” reusing empty vaccine bottles and manipulating the supply chain for Covid vaccines.

“We urge the safe disposal or destruction of used and empty vaccine bottles to prevent them from being reused by criminal groups,” said Tedros. He urged countries and individuals to look out for suspicious vaccine sales and report them to national authorities. “The flow of information is important to identify and map global threats and protect trust in vaccines,” he said.

WHO stressed that harm from counterfeit vaccines does not reflect the safety of real vaccines.

Law enforcement agencies in the UK cataloged more than 6,000 cases of Covid-related fraud totaling £ 34.5 million (US $ 48 million) last year, the BBC reported.

Americans lost $ 382 million to fraud related to the coronavirus pandemic, according to the Federal Trade Commission. More than 217,000 people have filed a Covid-related fraud report with the agency since January 2020.

Categories
Business

Stay Updates on Enterprise Information, Shares, Bonds and Oil

Here’s what you need to know:

Tens of millions of lower-income Americans are still waiting for their stimulus checks, but there’s been some progress toward getting them paid.

People who receive benefits from Social Security, Supplemental Security Income, the Railroad Retirement Board and Veterans Affairs — while also not having to file tax returns because they don’t meet the income thresholds — have faced delays because the Internal Revenue Service didn’t have the proper payment files to process their stimulus checks.

Now the I.R.S. has all of the necessary files in hand, but it’s still not clear how long it will take for payments to be processed. The I.R.S. did not immediately comment on Friday.

Democratic leaders from the House Ways and Means Committee and other congressional subcommittees had sent a letter to the Social Security Administration and the I.R.S. on Monday, urging the quick transmission of the files. By Wednesday, the lawmakers’ request became an ultimatum: They demanded that the files for 30 million unpaid beneficiaries be sent by Thursday.

The Social Security Administration delivered its files to the I.R.S. on Thursday, according to a statement from the Ways and Means committee. (Veterans Affairs said it delivered its files on Tuesday; the Railroad Retirement Board delivered its files on Monday.)

The Social Security Administration notified congressional leaders that it had transmitted the necessary data to the I.R.S. at 8:48 a.m. Thursday.

Members of the committee blamed the delay on the Social Security Administration’s commissioner, Andrew Saul, who was appointed by President Trump. But the agency said it had been unable to act immediately because Congress hadn’t directly given it the money to do the work.

AARP also sent letters to both the Social Security Administration and I.R.S. on Thursday, urging them both to provide clear information on when beneficiaries could expect their payments.

Many federal beneficiaries who filed 2019 or 2020 returns — or who used the tool for non-filers on the I.R.S. website to update their information — have already received their payments.

So far, the I.R.S. has delivered roughly 127 million payments in two batches, totaling $325 billion.

Credit…Brendan Mcdermid/Reuters

Shares of ViacomCBS, the media goliath led by Shari Redstone, took a nosedive this week, with the company losing more than half of its market value in just four days.

Thes stock was as high as $100 on Monday. By the close of trading on Friday it had fallen to just over $48, a drop of more than 51 percent in less than a week.

There’s no better way to say it: The company’s stock tanked.

What happened? Several things all at once. First, it is worth noting that ViacomCBS had actually been on a bit of a tear up until this week’s meltdown, rising nearly tenfold in the past 12 months. About a year ago, it was trading at around $12 per share.

That rally came as the company, like the rest of the media industry, had made a move toward streaming. It recently launched Paramount+ to compete against the likes of Netflix, Disney+, HBO Max and others. The service tapped ViacomCBS’s vast archive of content from the CBS broadcast network, Paramount Film Studios and several cable channels, including Nickelodeon and MTV.

That shift matters because ViacomCBS has been hit hard by an overall decline in cable viewership. The company’s pretax profits have fallen nearly 17 percent from two years ago, and its debt has topped more than $21 billion.

But the stock rose so much that Robert M. Bakish, ViacomCBS’s chief executive, decided to take advantage of the boon by offering new shares to raise as much as $3 billion. The underwriters who managed the sale priced the offering at around $85 per share earlier this week, a discount to where it had been trading on Monday.

You could say it backfired. When a company issues new stock, it normally dilutes the value of current shareholders, so some drop in price is expected. But a few days after the offering, one of Wall Street’s most influential research firms, MoffettNathanson, published a report that questioned the company’s value and downgraded the stock to a “sell.” The stock should really only be worth $55, MoffettNathanson said. That started the nosedive.

“We never, ever thought we would see Viacom trading close to $100 per share,” read the report, which was written by Michael Nathanson, a co-founder of the firm. “Obviously, neither did ViacomCBS’s management,” it continued, citing the new stock offering.

Streaming is still a money-losing enterprise, and that means the old line media companies must still endure more losses over more years before they can return to profitability.

In the case of ViacomCBS, it seemed to hasten the cord-cutting when it signed a new licensing agreement with the NFL that will cost the company more than $2 billion a year through 2033. As part of the agreement, ViacomCBS also plans to stream the games on Paramount+, which is much cheaper than a cable bundle.

As the games, considered premium programming, shifts to streaming, “the industry runs the risk of both higher cord-cutting and greater viewer erosion,” Mr. Nathanson wrote.

On Friday, an analyst with Wells Fargo also downgraded the stock, slashing the bank’s price target to $59.

But the market decided it wasn’t even worth that much. It closed on Friday barely a quarter above 48 bucks.

Google’s offices in London.Credit…Ben Quinton for The New York Times

The Biden administration is keeping on the table the threat of tariffs on Austria, India, Italy, Spain, Turkey and the United Kingdom over their taxes on digital commerce as negotiations over a global tax agreement proceed.

The office of the United States Trade Representative said on Friday that those countries continue to be “subject to action” because they discriminated against American technology companies with their digital services taxes. Those taxes, which are levied against the digital services that tech companies like Amazon and Google provide — even if they have no physical presence in those nations — have become a huge global issue with which regulators are wrestling.

The United States has until June to decide whether to move forward or delay retaliatory tariffs under the terms of an investigation that began last year under the Trump administration.

“The United States is committed to working with its trading partners to resolve its concerns with digital services taxes and to addressing broader issues of international taxation,” said Katherine Tai, the newly confirmed United States Trade Representative. “The United States remains committed to reaching an international consensus through the O.E.C.D. process on international tax issues.”

U.S.T.R. will release a list of products from those countries that could face tariffs, and it will hold hearings in May about the investigations. Senior administration officials said on Friday that the step is procedural and not intended to provoke America’s trade partners. However, the administration wants to keep its options open to make sure that the negotiations continue to move forward productively.

In January, before President Biden took office, U.S.T.R. suspended tariffs that were about to be imposed on French imports while the other investigations proceeded.

U.S.T.R. said that the Biden administration is ending its investigations into Brazil, the Czech Republic, the European Union and Indonesia because the digital services taxes that they were considering have not been adopted. U.S.T.R. could still initiate new investigations if those countries decided to proceed.

The Biden administration has said it plans to take a much more deliberative approach to trade policy than the previous administration, and it is conducting a broad review of the tariffs that President Donald J. Trump levied on China and other countries. Administration officials have signaled a desire to adopt a more conciliatory approach to trade with American allies, like Europe.

Earlier this month, the United States and European Union agreed to temporarily suspend tariffs levied on billions of dollars of each others’ aircraft, wine, food and other products as both sides try to find a negotiated settlement to a long-running dispute over the two leading airplane manufacturers, Boeing and Airbus.

Last year, the Trump administration paused the international digital tax talks taking place through the O.E.C.D. so that countries could focus on the pandemic.

The Treasury Department will assume a leading role in the talks this year. In February, Treasury Secretary Janet L. Yellen signaled that the United States could be more flexible in the negotiations when she told the Group of 20 finance ministers that it was no longer calling for a contentious “safe harbor” plan that would have essentially given American companies the ability to opt out of some of the taxes.

Negotiations are expected to continue at international economic forums this summer, and officials have said that the United States’ new position has given the talks renewed momentum.

In the case of The New Yorker Union, negotiations with Condé Nast have dragged out for more than two years. Credit…Amy Lombard for The New York Times

Union workers at The New Yorker, Pitchfork and Ars Technica said Friday they had voted to authorize a strike as tensions over contract negotiations with Condé Nast, the owner of the publications, continued to escalate.

In a joint statement, the unions for the three publications said the vote, which received 98 percent support from members, meant workers would be ready to walk off the job if talks over collective bargaining agreements continued to devolve. At The New Yorker, the unionized staff includes fact checkers and web producers but not staff writers, while most editors and writers at Pitchfork and Ars Technica are members.

The unions, which are affiliated with the NewsGuild of New York, which also represents employees at The New York Times, have been separately working toward first-time contracts with Condé Nast. In the case of The New Yorker Union, negotiations have dragged out for more than two years.

The core of their demands, the unions said, were fair contracts that included wage minimums in line with industry standards, clear paths for professional development, concrete commitments to diversity and inclusion, and work-life balance. They said in the statement that Condé Nast had “not negotiated in good faith.”

“Condé Nast has long profited off the exploitation of its workers, but that exploitation ends now,” the statement said.

A Condé Nast spokesman said management had already reached agreements on a range of issues with The New Yorker, Pitchfork and Ars Technica unions over the course of negotiations.

“On wages and economics, management has proposed giving raises to everyone in these bargaining units; increasing minimum salaries for entry-level employees by nearly 20 percent; and providing guaranteed annual raises for all members, among other enhancements,” the spokesman said in a statement.

He added: “All of this has been accomplished in just two rounds of bargaining, as we first received the unions’ economic proposals at the end of last year. We look forward to seeing this process through at the bargaining table.”

The labor disputes at Condé Nast have spilled into the public arena a number of times. In January, union members at The New Yorker, including fact checkers and web producers, stopped work for a day in protest over pay. Last year, two high-profile speakers at The New Yorker Festival — Senator Elizabeth Warren and Representative Alexandria Ocasio-Cortez — vowed not to cross a picket line in solidarity with unionized workers.

The NewsGuild of New York said it would hold a rally for fair contracts on Saturday at Condé Nast’s offices in downtown Manhattan.

A sign at facebook’s headquarters in Menlo Park, Ca.Credit…Jim Wilson/The New York Times

Facebook said on Friday that it would bring employees back into its California offices beginning in May, one of the first large tech companies to lay out a plan for workers to physically return to offices.

The social network said employees would begin working in its San Francisco Bay Area offices — including its headquarters in Menlo Park, as well as those in Fremont, Sunnyvale and downtown San Francisco — starting on May 10 and on a rolling basis thereafter. The offices would be at 10 percent capacity, the company said, as long as national health data continued to improve.

“The health and safety of our employees and neighbors in the community is our top priority and we’re taking a measured approach to reopening offices,” said Chloe Meyere, a Facebook spokeswoman. She said Facebook would require regular weekly testing for on-site workers, as well as physical distancing and mask wearing indoors.

The San Francisco Chronicle earlier reported on Facebook’s back-to-office plans.

Mark Zuckerberg, Facebook’s chief executive, has been a vocal proponent of remote work since the pandemic began. Last May, Mr. Zuckerberg said he would allow some employees to work from home permanently, though they would face salary reductions if they moved to different parts of the country.

For now, Facebook has given employees the option to work from home until July 2, after which any employee who was not hired as a full-time remote worker can continue to work from home until their office is operating at 50 percent capacity. The latest health data, Facebook said, suggested that it would be able to reopen its largest offices at 50 percent capacity after Sept. 7.

Those who were designated as full-time remote workers can continue to work remotely, the company said.

Other office reopenings will be on a case-by-case basis, as Facebook continues to study regional data provided by the World Health Organization, Centers for Disease Control and Prevention and other health agencies.

“We will continue to work with experts to ensure our return to office plans prioritize everyone’s health and safety,” Ms. Meyere said.

Martin Winterkorn, left, answering questions at the 2011 Detroit auto show. Mr. Winterkorn is facing criminal charges tied to the Volkswagen emissions scandal.Credit…Fabrizio Costantini for The New York Times

Volkswagen said on Friday that it would seek financial compensation from its former chief executive and the former head of the Audi division, accusing them of failing to act after learning that diesel vehicles sold in the United States were fitted with illegal emissions-cheating software.

The decision by the German carmaker’s supervisory board marks a turnabout. Volkswagen had been reluctant to publicly accuse former top managers of complicity in the emissions fraud, which has cost Volkswagen tens of billions of euros in fines, settlements and legal fees.

At the same time, the supervisory board said it found “no breaches of duty” by other executives who were members of Volkswagen’s management board in September 2015, when the scandal came to light.

That group includes Herbert Diess, now the chief executive of Volkswagen, who had joined the company two months earlier from BMW. Hans Dieter Pötsch, now chairman of the supervisory board, was chief financial officer and a member of the Volkswagen management board at the time, a position he had held for more than a decade.

Volkswagen’s supervisory board said that in a statement on Friday that a law firm hired to review evidence in the case found that Martin Winterkorn, the former chief executive, failed “to comprehensively and promptly clarify the circumstances behind the use of unlawful software functions” after learning about the misconduct in July 2015.

Mr. Winterkorn, who resigned shortly after the emissions fraud became public, also failed to ensure that questions by U.S. authorities “were answered truthfully, completely and without delay,” the supervisory board said. Shareholders suffered damages as a result, the board said, although it did not say how much money the company will try to recover.

Mr. Winterkorn’s lawyers said in a statement Friday that he denied the accusations and had done everything possible “to avoid or minimize damage” to Volkswagen.

The Volkswagen board said it also concluded that Rupert Stadler, former chief executive of the Audi luxury car division, was negligent because he failed to investigate the use of illegal software in diesel vehicles sold in the European Union.

Mr. Winterkorn and Mr. Stadler face criminal charges in Germany that revolve around the same circumstances. Mr. Winterkorn’s trial was scheduled to begin in April, but judges in the case postponed it this week until September, citing the pandemic.

Mr. Stadler has been on trial in Munich since last year on charges that, even after the wrongdoing came to light, he allowed Audi to continue selling cars that were programmed to recognize when an official emissions test was underway and dial up emissions controls to make the car appear compliant. The cars were not capable of consistently meeting pollution standards.

Mr. Stadler’s lawyer did not immediately respond to a request for comment. In the past, Mr. Stadler has denied wrongdoing.

Personal spending declined in February, but a fresh round of federal relief payments is expected to produce a renewed surge this month.Credit…Laura Moss for The New York Times

Personal income and spending dipped last month as the effects of stimulus checks faded following a big jump in January, but both are expected to rebound as another round of federal payments arrived in March.

The government reported on Friday that personal income fell 7.1 percent in February from the previous month, while consumption dropped by 1 percent. Powered by $600 checks to most Americans from a December relief bill, income in January leapt by 10.1 percent, while consumption rose by 3.4 percent, a figure revised Friday from the originally reported 2.4 percent.

Despite the drop last month, a big pickup is expected in March with the arrival of $1,400 payments to most Americans from the $1.9 trillion relief package signed into law this month.

In the months ahead, most economists expect consumers to return in greater numbers to stores, restaurants and other gathering places as vaccination efforts gather speed and consumers put the stimulus money and lockdown-accumulated savings to work.

“In February, households were waiting for the bigger stimulus check coming in March and there will be a surge in consumer spending, particularly on services,” said Gus Faucher, chief economist at PNC Financial Services in Pittsburgh.

All of the drop in spending last month was for goods, Mr. Faucher noted, as consumers pulled back on buying big-ticket items like automobiles and appliances. Services should benefit in the coming months, he added, as people have more opportunities to go out and life increasingly returns to normal more than one year after the pandemic hit.

“Consumer spending will be very strong for the remainder of this year and into 2022,” Mr. Faucher added. “There’s a lot of money saved up.”

In another sign of optimism, the University of Michigan reported Friday that its index of consumer sentiment rose to the highest level since the pandemic began.

Economists have improved their forecasts for U.S. economic growth, with Bank of America foreseeing a 7 percent increase this year in gross domestic product.

By: Ella Koeze·Data delayed at least 15 minutes·Source: FactSet

Stocks rose on Friday, along with government bond yields, amid a bout of optimism about the economic recovery.

The gains came a day after President Biden said he wanted the United States to administer 200 million vaccines by his 100th day in office, on April 30, a target the country is already on track to meet. The Federal Reserve vice chair, Richard Clarida, pushed back on concerns that the government’s spending plans would fuel higher sustained inflation.

In a victory for financial institutions, the central bank said that pandemic-era rules that restricted share buybacks and dividend payouts by banks would end midway through 2021 for most firms. On the economic front, gross domestic product data for the fourth quarter was also revised slightly higher on Thursday.

  • The S&P 500 index rose 1.7 percent, ending the week with a 1.6 percent gain. Bank stocks fared better than the broad market, with the KBW Bank index up 2 percent.

  • The Stoxx 600 Europe rose 0.9 percent, logging a fourth consecutive week of gains.

  • The yield on 10-year Treasury notes rose to 1.67 percent.

  • Shares of ViacomCBS plunged 27 percent on Friday, bringing the stock’s losses for the week to 50 percent. The decline followed Viacom’s announcement that it plans to raise $3 billion by selling stock and put some of those funds toward building its streaming offering.

  • Personal income and spending in the United States dipped last month as the effects of stimulus checks faded following a big jump in January, but both are expected to rebound as another round of federal payments arrived in March.

  • Retail sales in Britain rose 2.1 percent in February, rebounding from a slump of 8.2 percent the month before, when the country entered a third national lockdown.

  • A survey of German business expectations rose to the highest level in nearly three years.

  • Oil prices rose with futures of Brent crude, the global benchmark, climbing 3.9 percent to $64.34 a barrel.

Garments stored at a ThredUp sorting facility in Phoenix. The thrift-store start-up priced its stock at $14 a share, raising $168 million.Credit…Matt York/Associated Press

The thrift-store start-up ThredUp on Friday will become the latest clothing resale website to become publicly traded, a move that seeks to take advantage of a growing interest in secondhand retailers among young shoppers.

The company sold 12 million shares for $14 each in its initial public offering, raising $168 million and valuing the business at $1.3 billion.

Founded in Oakland in 2009, ThredUp built its inventory by sending prepaid packages, or “clean out kits,” to sellers, who fill the bags with used clothes and accessories and mail them back.

The website joins Poshmark, which went public in January, and The RealReal, which went public in 2019, on the Nasdaq stock market.

The three companies are all leaders in secondhand shopping, but they take different approaches to resale. The RealReal consigns high-end brands exclusively. Poshmark allows sellers to directly list their items. ThredUp has formed partnerships with brands including Gap, Walmart and Macy’s, helping these large retailers incorporate resale into their stores and e-commerce platforms.

All three emphasize the environmental benefits of resale — but ThredUp more so than its competitors. The company refers to itself as a “force for good” and has criticized the fashion industry’s carbon footprint, including by writing open letters to luxury brands like Burberry that have burned their unsold inventory.

James Reinhart, the chief executive and a co-founder of ThredUp, said Thursday that the company was “ushering in a more circular future for fashion by helping new waves of consumers, brands and retailers take steps toward sustainability.”

With the retail analytics firm GlobalData, ThredUp also publishes a widely cited annual “Resale Report,” which tracks growth of the secondhand market. By the end of 2021, the market value of online resale is estimated to grow to $12 billion, up from $7 billion in 2019, according to the last year’s report.

Much of that growth has been attributed to Generation Z’s preference for online shopping and passion for sustainability. ThredUp’s revenue was $186 million in 2020 (up from $163.8 million in 2019). It posted a net loss of $47.9 million last year.

Still, the company was not immune to retail’s upheaval during the pandemic, as detailed in a March filing with the Securities and Exchange Commission. Average monthly orders have now returned to prepandemic levels, ThredUp said, but the company has not “seen sustained growth” in the time since.

VideoCinemagraphCreditCredit…By Ben Denzer

In today’s On Tech newsletter, Shira Ovide writes that people are buying digital items like a tweet and a meme for bonkers amounts of money. But we need to take a step back.

Categories
Politics

Bernie Sanders goals to decrease Medicare eligibility age in restoration invoice

US Senator Bernie Sanders

Ever Countess | Getty Images

Senator Bernie Sanders hopes to include a Medicare expansion in the Democrats’ upcoming stimulus plan.

The chairman of Vermont’s independent Senate and Senate Budgets Committee hopes to lower the age of eligibility for coverage from the current age of 65 to 60 or 55, an adviser to Sanders confirmed on Friday. Sanders also wants to make sure Medicare covers dental visits and glasses, among other things.

He wants to fund the expansion of coverage by allowing Medicare to negotiate prices directly with drug companies. Politico first reported on the senator’s plans.

Sanders wants the provision to be included in the next Democratic budget adjustment bill, which can be passed without Republican votes in the Senate, which is 50-50 split by party. Democrats may have to run part or all of their sprawling infrastructure and economic recovery – which could exceed $ 3 trillion – through the process.

The GOP has generally spoken out against the growth of government health programs.

President Joe Biden plans to provide more details on his infrastructure proposal in a speech in Pittsburgh next week. Democrats want the proposal to address not only transport, broadband and climate change, but also paid vacation, education and potential health care.

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The party has been looking for ways to expand insurance coverage since taking unified control of the White House and Congress in January. Biden has so far failed to respond to his suggestion to add a Medicare-like public option as his two top priorities after taking office have been coronavirus support and economic recovery.

Sens. Michael Bennet, D-Colo., And Tim Kaine, D-Va., Have called for a public option to be included in the next reconciliation bill.

Sanders has long supported a Medicare for All payer insurance scheme and said Medicare should be able to negotiate drug prices directly. He and Biden argued during the 2020 presidential primaries over how aggressively the U.S. should expand insurance coverage.

As head of the budget committee, Sanders would play an important role in getting Congress to pass the next law of reconciliation.

The Senate can use the reconciliation once per fiscal year, so it has two more options to guide the legislation through the process during the ongoing Congress.

The Biden government is considering splitting the recovery plan into two phases. Infrastructure regulations may have a better chance of winning Republican votes than plans to expand the social safety net.

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Categories
Business

Biden invitations Vladimir Putin and Xi Jinping to local weather summit

President Joe Biden speaks on fighting climate change before signing executive measures while White House Climate Commissioner John Kerry and Vice President Kamala Harris listen in the State Dining Room of the White House in Washington, USA on January 27, 2021.

Kevin Lemarque | Reuters

President Joe Biden said Friday that Vladimir Putin from Russia and Xi Jinping from China are invited to the global leaders’ climate summit, which the government is hosting in April.

The president told reporters that he did not invite Putin or Xi directly, but said leaders “know they are invited,” an event the US is hosting to highlight global efforts to reduce climate change-related emissions to advance fossil fuels.

The White House later published a list of 40 world leaders invited to the summit, including Xi and Putin.

Biden said he spoke with British Prime Minister Boris Johnson on Friday and with EU member states on Thursday. The White House has preferred to speak to close US allies before turning to China and Russia.

The government plans to unveil a new target for CO2 emissions at the summit, which will be held remotely on April 22nd and 23rd. Biden promised to host the climate negotiations during his campaign and through an executive order in January. The summit will take place in Glasgow, Scotland, ahead of the UN global climate negotiations in November.

The USA is the second largest greenhouse gas emitter in the world after China. Russia is the fourth largest emitter. It is unclear whether Russia and China will accept invitations to the summit or whether they are interested in working with the US to curb emissions.

The White House has announced that it will work with Russia and China on climate change on a number of other areas, despite mounting tensions between countries. The Biden administration has repeatedly identified Beijing and Moscow as the greatest national security threats to the US

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The Obama administration promised to cut U.S. emissions by up to 28% below 2005 levels by 2025, but former President Donald Trump halted federal efforts to meet that goal. The Biden government is expected to introduce a tougher target for the nation to be achieved by 2030.

The summit comes as Biden pledges to convert the U.S. economy to clean energy and reduce emissions from coal, natural gas, and oil. Biden reintroduced the US to the Paris Climate Agreement in January after Trump announced in 2017 that he would be pulling the country out.

Biden has announced that under the deal, the US will re-commit to its emissions reduction targets and lead efforts to help other nations update their own targets. The president has also vowed to put the US on a path to zero carbon electricity generation by 2035 and net zero emissions by 2050.

Categories
World News

Dow closes up 450 factors at its session excessive, posts a successful week

US stocks climbed Friday, ending the volatile week on a high as stocks that benefited from a successful economic reopening outperformed again.

The Dow Jones Industrial Average closed 452.97 points, or 1.4%, to 33,072.52. The S&P 500 rose 1.7% to 3,974.50, led by energy and materials. The Nasdaq Composite was down 0.8% and ended the session 1.2% higher. All three key benchmarks recovered to their session highs by the end.

Financial stocks rose after the Federal Reserve announced that banks could resume buybacks and raise dividends from late June. The central bank originally announced that it would lift restrictions on the pandemic in the first quarter, but even the belated move gives investors more clarity.

JPMorgan’s shares were up 1.5% while Bank of America was up 2%. Goldman Sachs was up 1%.

Classic re-opening games build on the dynamics of the previous session. American Airlines was up 1% while Royal Caribbean, Carnival and Norwegian Cruise Line were up more than 1%.

President Joe Biden announced a new goal Thursday of distributing 200 million Covid vaccine shots within his first 100 days in office. As of Friday, there have been 100 million coronavirus vaccinations since Biden was inaugurated.

Fears of rising inflation eased after the data showed tamed price pressures. The core consumer spending index, which excludes volatile food and energy prices, rose 0.1% month-on-month, in line with the expectations of economists polled by Dow Jones. Year after year, the measured value rose by 1.4% and was thus slightly below an estimate of 1.5%.

“PCE deflator data, which is softer than expected, supports the idea that government bond yields are likely to consolidate in the near term,” said Edward Moya, senior market analyst at Oanda. “The lower the inflation base, the easier it is for markets to convince themselves that the impending rise in price pressures will be temporary.”

The 10-year US Treasury yield fell from its peak after the inflation data, and most recently rose 3 basis points to 1.65%. The rate jumped 6 basis points earlier.

Meanwhile, consumer sentiment in the US continued to rise during the introduction of the vaccine. A University of Michigan poll released Friday found the consumer sentiment index finalized at 84.9 in March, up from 76.8 in February. Economists polled by Dow Jones expected a value of 83.7.

The Dow and S&P 500 are on track for small wins in the week of consecutive wins. However, the Nasdaq is still lower on the week. The rally to record highs has slowed in recent weeks amid rising interest rates and valuation concerns.

“The market has been feeling rather choppy lately and this could become more of the norm as we enter the second year of recovery,” said Larry Adam, chief investment officer at Raymond James. “These periods, like most, are not moving in straight lines as there will be drawdowns along the way. This is not for concern, but investors should expect and take advantage of some weakness.”