From the category archives:

Miscellaneous

Glenn Beck, Ayn Rand, and Social Justice

by Michael J. Evans on July 16, 2010

in Miscellaneous

I’m going to take this blog off the topics of law, technology, and legal marketing for just one post. Instead of my normal subject matter, this post will discuss politics and religion or, more specifically, Glenn Beck’s teachings about politics and religion. [click to continue…]

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I’m not a Wall Street lawyer, so I’m asking a novice question here, but I would like to know why the synthetic CDOs created by Goldman Sachs aren’t considered “wagering contracts” void under New York state law?  Before I read Michael Lewis’s fantastic book “The Big Short” I had never heard of synthetic CDOs.  Lewis explained how Goldman Sachs and other Wall Street firms created synthetic CDOs to allow investors to place a bet on the probability that subprime mortgages would pay off.  The synthetic CDOs allowed investors to bet on the mortgages without having any ownership interests in the mortgages themselves.  It was purely and simply a gamble.  Investors who believed the mortgages were healthy could go “long” on a synthetic CDO, while investors who thought the mortgages would default could go “short.”  If the mortgages defaulted (as they did), the shorts made fortunes, while the institutional longs lost fortunes. [click to continue…]

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I just drove past a Blockbuster Video store with a big “Closing” sign across the front. It reminded me of the time I was in San Francisco and I noticed the Virgin Records store in Union Square was going out of business.  Across the street was an Apple store with long lines of customers waiting patiently to plunk down their money. The irony wasn’t lost on me. Now, I believe that online video is to Blockbuster what Apple was to Virgin. [click to continue…]

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After a break from blogging, I’m finally back at it. Some stuff I found interesting during the break: [click to continue…]

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According to an excellently reported article by Susan Brinkmann for the Philadelphia Daily Bulletin, Dr. Diane Harper, the lead researcher during clinical trials of two human papiloma vaccines, Gardasil and Cervarix, dropped a bombshell (or perhaps multiple bombshells) at the 4th International Public Conference on Vaccination.  Dr. Harper said the drugs will do little to reduce cervical cancer (even though Merck, the maker of Gardasil, has spent millions on an ad campaign designed to convince people the drug will prevent cervical cancer).

(Forgive this blog post’s extensive quotations from the article, but there was much I simply didn’t want to leave out, and couldn’t improve upon.  Also forgive my addition of bold type in several places.  As the father of three girls, and the grandfather of a 5-year-old girl, I don’t feel you can overemphasize the risks of the vaccine and the lack of any real benefit to young girls. MJE).

Dr. Harper, director of the Gynecologic Cancer Prevention Research Group at the University of Missouri, made her remarks during an address at the 4th International Public Conference on Vaccination.  Although Dr. Harper’s talk was intended to help promote the vaccine, participants said they came away convinced the vaccine should not be received.

“I came away from the talk with the perception that the risk of adverse side effects is so much greater than the risk of cervical cancer, I couldn’t help but question why we need the vaccine at all,” said Joan Robinson, Assistant Editor at the Population Research Institute.  After hearing Dr. Harper say  that “four out of five women with cervical cancer are in developing countries.”  Ms. Robinson said she could not help but wonder, “If this is the case, then why vaccinate at all? But from the murmurs of the doctors in the audience, it was apparent that the same thought was occurring to them.”

During her remarks, Dr. Harper revealed:

* 70 percent of all HPV infections resolve themselves without treatment within a year. Within two years, the number climbs to 90 percent. Of the remaining 10 percent of HPV infections, only half will develop into cervical cancer, which leaves little need for the vaccine;
* the incidence of cervical cancer in the U.S. is already so low that “even if we get the vaccine and continue PAP screening, we will not lower the rate of cervical cancer in the US.
* there will be no decrease in cervical cancer until at least 70 percent of the population is vaccinated, and even then, the decrease will be minimal;
* four out of five women with cervical cancer are in developing countries;
* there have been no efficacy trials in girls under 15 years of age;
* Merck, the manufacturer of Gardasil, studied only a small group of girls under 16 who had been vaccinated, but did not follow them long enough to conclude sufficient presence of effective HPV antibodies;
* giving the vaccine to girls as young as 11 years-old “is a great big public health    experiment.” Dr. Harper first made the statement in a 2007 interview with KPCNews.com, which was at the height of Merck’s controversial drive to have the vaccine mandated in schools. Dr. Harper remained steadfastly opposed to the idea and said she had been trying for months to convince major television and print media about her concerns, “but no one will print it.” “It is silly to mandate vaccination of 11 to 12 year old girls,” she said at the time. [Remember, this statement was made when Merck was pushing states to make the vaccination mandatory for school children. MJE] “There also is not enough evidence gathered on side effects to know that safety is not an issue.”
Dr. Harper had previously commented on a report published in the Journal of the American Medical Association that raised questions about the safety of the vaccine, saying bluntly: “The rate of serious adverse events is greater than the incidence rate of cervical cancer.”

When asked why she was speaking out, she said: “I want to be able to sleep with myself when I go to bed at night.”

Since the drug’s introduction in 2006, the public has been learning many of these facts the hard way. To date, 15,037 girls have officially reported adverse side effects from Gardasil to the Vaccine Adverse Event Reporting System (VAERS). These adverse reactions include Guilliane Barre, lupus, seizures, paralysis, blood clots, brain inflammation and many others. The CDC acknowledges that there have been 44 reported deaths. Dr. Harper also participated in the research on Glaxo-Smith-Kline’s version of the drug, Cervarix, currently in use in the UK but not yet approved here.  Since the government began administering the vaccine to school-aged girls last year, more than 2,000 patients reported some kind of adverse reaction including nausea, dizziness, blurred vision, convulsions, seizures and hyperventilation. Several reported multiple reactions, with 4,602 suspected side-effects recorded in total. The most tragic case involved a 14 year-old girl who dropped dead in the corridor of her school an hour after receiving the vaccination.

Joan Robinson, Assistant Editor at the Population Research Institute, said Dr. Harper failed to make the case for Gardasil. “For me, it was hard to resist the conclusion that Gardasil does almost nothing for the health of American women.”

Okay, that’s the end ot he article, and the beginning of this blogger’s commentary.  Ms. Robinson was being kind (or cautious), when she said “it was hard to resist the conclusion that Gardasil does almost nothing for the health of American women.”  Excuse me if I disagree, but Gardasil does a lot for the health of American women (and let it be noted that some of these “women” are as young as 9 years old.  And if you don’t believe me when I say it’s being administered to 9-year-olds, run a Google search on Merck’s corporate website and take a look at the 133 pages where Merck says it can be administered to girls and women 9 through 26 years old).

Yes, Gardasil does a lot for the health of American women.  It kills and injures thousands of them!

Even before Dr. Harper’s remarks, I wondered about the message we were sending young girls by vaccinating them with Gardasil.  What were we saying, it’s okay to have unprotected sex because we’ve cut down on the risk of HPV, even though you still may get AIDs, herpes, and other STDs that are potentially more serious than HPV?

Dr. Harper is to be complimented for telling the truth about HPV vaccines.  It’s important for this truth to be communicated to girls, their parents and doctors as soon as possible.  It’s also important for some consumer attorneys to make themselves available to represent those girls who have been injured, and the families of girls who have died, as a result of taking the HPV vaccines.

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According to a MediaPost article, investment bank Goldman Sachs recently demanded that blogger Mike Morgan take down his gripe site GoldmanSachs666.com.  A lawyer for the bank sent Morgan a letter last week demanding that he stop using the Goldman Sachs trademark in the site’s domain name.  Instead, Morgan filed a preemptive lawsuit against the bank on Monday in the U.S. District Court for the Southern District of Florida. In his lawsuit, Morgan says that he owns the domain name GoldmanSachs666.com, which he uses “to display news and commentary” regarding the bank.

The site, which went live at the end of March, is devoted to criticizing the bank, with posts like, “Breakup Goldman Sachs — Too Big To Fail Means Too Much Power.”

Courts have ruled against other companies that have attempted to use trademark law to shut down gripe sites. For example, last year a court rejected Wal-Mart’s attempt to shut down the sites walocaust.com and walqaeda.com.

In general, courts determine trademark disputes by evaluating whether a particular use of a trademark is likely to confuse people. Who does Goldman Sachs think they’re kidding? Nobody is likely to confuse Morgan’s site with Goldman Sach’s official website. It seems to me that Goldman Sachs’ lawyers thought they could throw their weight around and make the poor blogger shut down his site. Now they’re stuck in federal court in Florida with a legal position that is frivilous. But hey, what does Goldman Sachs care? The taxpayer bailout is probably paying the lawyers.

If Goldman Sachs were to get away with their ridiculous interpretation of trademark law, that would shut down a substantial portion of the lawyer websites in this country.  When a lawyer puts up a website talking about filing lawsuits against manufacturers of Ortho Evra or Yamaha Rhinos, does anybody confuse those websites with sites maintained by the manufacturers?  No.  And neither would anybody confuse Morgan’s site with Goldman Sachs.

Can anybody tell me whether the First Amendment to the Constitiution has been repealed in this country?  I didn’t think so.

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I usually attend the Mass Torts Made Perfect seminars in Las Vegas twice a year. They’re always loaded with great speakers, great topics, and they provide a painless way to get your CLE. They also give you some great ideas about litigation you might find interesting. But I’ve got the flu, or a reasonable facsimile, and will be cancelling my flight and hotel reservations after making this post. The next seminar is October 15 and 16, 2009 at the Bellagio Hotel in Las Vegas. I hope to see you there.

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Do we really need a new blawg?

by Michael J. Evans on January 22, 2009

in Miscellaneous

The short answer is no.  We’ve got plenty.  But I’ve owned the mjevans.com domain name since the late 1990s just so I could use it for email.  Most people, myself included, find that mjevans[at]mjevans.com is easier to remember than the other email addresses I had.  I recently thought “I’ve already got the domain, so why not write about some things that interest me?  I’m on the Internet much of the day anyway, so it wouldn’t take much longer to put interesting stuff in a blog”  So this is it.  We’ll see if it’s worth continuing after a few weeks.

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