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mostlysignssomeportents · 1 year

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Johnson and Johnson's bankruptcy gambit fails

The Third Circuit Court of Appeals has foiled Johnson & Johnson’s plan to use a bankruptcy scam called the Texas Two-Step to escape paying 40,000 women who were injured when the pharma giant sold them asbestos-tainted talcum powder to dust over their vulvas, leading to gruesome cancers:

https://www.wxxinews.org/2023-01-30/appeals-court-clears-the-way-for-more-lawsuits-over-johnsons-baby-powder

If you’d like an essay-formatted version of this post to read or share, here’s a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2023/02/01/j-and-j-jk/#risible-gambit

Back in 2018, a jury awarded $4.69 billion to 22 women whose ovarian cancer was caused by J&J’s toxic product, $4.14b of which was punitive, awarded because J&J ignored the link between applying talcum powder to one’s genitals and cancer, and continued to market its products as a “Shower to Shower” genital deodorant:

https://www.cnn.com/2018/07/13/health/4-69-billion-verdict-johnson--johnson-talcum-powder/index.html

With thousands more lawsuits in the pipeline, the company sprung into action, restructuring in Texas using a quirk of the state’s merger laws that allows a single company to “merge” into two separate entities.

https://statutes.capitol.texas.gov/Docs/BO/htm/BO.10.htm

The Texas Two-Step is a corrupt gambit that uses this quirk to allow large companies to escape liability for their misdeeds, by creating one company that holds the assets and profitable businesses of the firm, and another company that holds the firm’s toxic products and the liabilities they produced. The “bad” company then declares bankruptcy, leaving the “good” company to walk away with the billions it made by harming people, and leaving the victims to squabble over the meager assets from the bankruptcy.

To maintain the pretense that this maneuver isn’t just a ruse to escape liability, companies undertaking the Texas Two-Step have the “good” company guarantee some of the liabilities of the “bad” company. That’s what J&J did, and the women it injured sued over it:

https://www2.ca3.uscourts.gov/opinarch/222003p.pdf

The appeals court didn’t find J&J’s bankruptcy persuasive. They found that any bankruptcy for the “bad” company should come after it had exhausted all guarantees the “good” company had made. Summarizing the court opinion Bloomberg’s Matt Levine writes, “You want to file for bankruptcy while you still have plenty of money to pay claims, but not too much money.”

https://www.bloomberg.com/opinion/articles/2023-01-31/matt-levine-johnson-johnson-s-jnj-bankruptcy-didn-t-work

J&J has vowed to appeal. If their appeal succeeds, it will be another blow against corporate accountability and against the bankruptcy system, both of which have are at their lowest ebb in living memory. Just the fact that J&J is still in business is remarkable. Poison talcum powder is only the latest salvo in J&J’s war on women’s reproductive organs — just a year ago, the company was ordered to pay hundreds of millions for selling women vaginal meshes, aggressively marketed for incontinence and prolapse, long after it learned that these meshes could permanently fuse with patient’s pelvic floors, leading to “severe pain, bleeding, infections, discomfort during intercourse.”

https://www.theguardian.com/us-news/2022/apr/13/johnson-johnson-pelvic-mesh-implant-ads-case

J&J was also neck-deep in the opioid crisis, going to far as to commission a report from McKinsey entitled “Maximizing Value of the Narcotics Franchise,” on how to use its dominance of poppy-extract to corner the market on opioids:

https://pluralistic.net/2022/06/30/mckinsey-mafia/#everybody-must-get-stoned

It was the opioid sector that brought popular attention — and well-earned disgust — to the US bankruptcy. The criminal Sackler family, owners of Purdue Pharma and proprietors of OxyContin, used a nakedly corrupt move to shift their bankruptcy proceeding to Judge Robert Drain of the Southern District of New York:

https://pluralistic.net/2021/08/07/hr-4193/#shoppers-choice

Drain is notoriously tolerant of corporate crime and is an enthusiastic booster for the principle of using bankruptcies to escape consequences for corporate mass-murder. Which is exactly what the Sacklers did, cramming through a bankruptcy deal that let them walk away with billions, stiffing the survivors of their opioid business:

https://pluralistic.net/2021/07/29/impunity-corrodes/#morally-bankrupt

J&J told women to put carcinogens down their underwear. For decades. It gave tens of thousands of women ovarian cancer. Then it tried to use Texas’s courts to walk away with billions. But this time, a court stopped them. This time there’s no separate system of justice, like the one that gave the Sacklers billions in dirty money. This time, the company might just have to pay for its crimes.

Image: James Wagstaff (modified) https://www.flickr.com/photos/jesse/2256760407/

Mike Mozart (modified) https://www.flickr.com/photos/jeepersmedia/26191532093

CC BY 2.0 https://creativecommons.org/licenses/by/2.0/

[Image ID: A picture of a white-out dust storm at Burning Man. A giant tulip rises out of the dust. Its petals are suggestive of a vulva. A giant bottle of Johnson and Johnson baby powder enters the frame from the top right corner.]

#pluralistic #j&J #johnson and johnson #bankruptcy #texas two-step #corporate murder #corruption #asbestos

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thepowerisyouth · 2 months

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Eh mental health is annoying. Buying & cooking cheap low-FODMAP diet is annoying. My best top note for now is I'm using this blog to practice writing. I need more practice in it. I only know business, accounting & economics stuff. Its stupid stuff. Theres too much actual fraud everywhere that its annoying

Also I use mobile so formatting sucks cause Nvidia GPUs, or Arch dont like tumblr site. Or tumblr site dont like tumbkr site

Also also I 100,000% support all my fellow ones-and-zeros and their identity. Everyone is welcome here.

Except transphobes/zionist/long list of others but you get it. I'll help harrass any of those types endlessly if someone wants to tag me, and bring me in on an argument like that friend you call for backup with fights

Im unhinged so who's to say exactly what will end up here but this is also a completely public blog to me friends, family, hell, even acquaintances i dont give a fuc.

Blog should be expected to be roughly as child-friendly as simpsons or bobs burgers. But also boring like a civics/economics lesson sometimes. Yay

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I (and my husband) am ex mormon. Its a weird thing. Look into it if you havent recently. Realllllyyyy look into. Takes time to figure it all out in this fuckin fucked up world.

I just moved a year ago. Didnt watch the US stock market as much as I normally do. Had my first snowstorm 10 weeks ago, that was.. fun to handle while ill prepared. About 6 weeks ago I was hopping back on the market and notice its a huge tech bubble about to pop and all the conditions Ive been warned about my whole career imply this is not good. Just took a little more thinking & digging and I'm a little too confident to stop talking about it now.

(Oh I'm also care-free as fuc so I dont really read or desire to change past posts more than lil-nitpicks. More informative for the reader & myself-in-the-future-reading that way)

And I'm not kidding I do love feedback & questions. Its a very public blog tho so I get that part for sure.

If you search "life story" in my tags I had that pinned for a min Im just moving shit around rn

Being poor sucks. Will write more on that later.

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First of all-- the exact timeline of an "economic shock" is literal insanity. Dont worry about the exact timing of any of this-- just know its doomed to happen soon.

Here are some effects I predict of this upcoming economic downturn

If anyone comes across any sources for these events that support my arguments please feel free to add in comments, reblogs, etc.

This concise list is mainly for my own reference, but it would be great to add to it if any one has something to add!

0.5. US Stock market collapse-- I have no desire to try and predict this one exactly. Too many conspiracies are actually correct about this big guy. Lets just say 7 US Tech stocks are worth 25% of the entire worlds market, roughly. "Too big to fail"-- I believe is the phrase

1. Corporate (slightly later will be residential by extension) real estate crisis: currently way too overvalued. Most of the houses, land, & urban corporate property we see could stand to decrease by about 60-90% from its current price.

2. Bankruptcy crisis: similar to the after-effects of the 70s inflation-- we can expect to see a huge wave of bankruptcies affecting a variety of business: from the micro-self employed; to the small business with leased buildings; to the largest corporations who commit massive accounting fraud & hope to escape accountability in time

3. Bank runs-- there is an extremely high overreliance on the Federal Reserve, who does not have good control over this situation. Once it becomes clear that there is a crisis (we call this a catalyst event)-- bank runs for physical cash are a surety. Hard to say how long a crisis like this might last. I should ask my siblings who lived near the SVB bank crisis hotspot (but those were rich fucks they do their "bank runs" over the phone)

3.5. Global currency collapse, which takes effect in every single local, state, & national economy at slightly different times. This means prices lower. Much lower. But takes time

4. Whatever the fuck the geopolitics is gonna do???. Its weird. You got Russia wanting to invade Europe? (Look at global economic forum 2024) Trump wants to let them. Biden wants to be an establishment corporate ass. North Korea has changed its #1 public enemy to South Korea (dont remember my source but it was a couple months ago). USA is stationing more troops in Taiwan, but probably only because of semiconductor technology?

The scope of our global financial woes are larger than can be explained in any of our lifetimes. Its much, much closer to pre-revolution France or the late 1920s. Big change is coming. Itll be soon

5. More to come

#anti capitalism #economics #geopolitics #real estate #bankruptcy #banks #corporate fucks #pinned post #mental health sucks ball sacks #arch linux #nvidia is a scam bubble like enron #simpsons #bobs burgers #intro post #will change it more later

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dontmeantobepoliticalbut · 9 months

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Three years after receiving a $700 million pandemic-era lifeline from the federal government, the struggling freight trucking company Yellow is filing for bankruptcy.

After monthslong negotiations between Yellow’s management and the Teamsters union broke down, the company shut its operations late last month, and said on Sunday that it was seeking bankruptcy protection so it could wind down its business in an “orderly” way.

“It is with profound disappointment that Yellow announces that it is closing after nearly 100 years in business,” the company’s chief executive, Darren Hawkins, said in a statement. Yellow filed a so-called Chapter 11 petition in U.S. Bankruptcy Court in Delaware.

The downfall of the 99-year-old company will lead to the loss of about 30,000 jobs and could have ripple effects across the nation’s supply chains. It also underscores the risks associated with government bailouts that are awarded during moments of economic panic.

Yellow, which formerly went by the name YRC Worldwide, received the $700 million loan during the summer of 2020 as the pandemic was paralyzing the U.S. economy. The loan was awarded as part of the $2.2 trillion pandemic-relief legislation that Congress passed that year, and Yellow received it on the grounds that its business was critical to national security because it shipped supplies to military bases. Government watchdogs have scrutinized the loan because of the company’s financial turmoil and close ties to the Trump administration, which awarded the loan.

Since then, Yellow changed its name and embarked on a restructuring plan to help revive its flagging business by consolidating its regional networks of trucking services under one brand. As of the end of March, Yellow’s outstanding debt was $1.5 billion, including about $730 million that it owed to the federal government. Yellow has paid approximately $66 million in interest on the loan, but it has repaid just $230 of the principal owed on the loan, which comes due next year.

The fate of the loan is not yet clear. The federal government assumed a 30% equity stake in Yellow in exchange for the loan. It could end up assuming or trying to sell off much of the company’s fleet of trucks and terminals. Yellow aims to sell “all or substantially all” of its assets, according to court documents. Mr. Hawkins said the company intended to pay back the government loan “in full.”

The White House declined to comment.

Yellow estimated that it has more than 100,000 creditors and more than $1 billion in liabilities, per court documents. Some of its largest unsecured creditors include Amazon, with a claim of more than $2 million, and Home Depot, which is owed nearly $1.7 million.

Yellow is the third-largest small-freight trucking company in a part of the industry known as “less than truckload” shipping. The industry has been under pressure over the last year from rising interest rates and higher fuel costs, while customers have been reluctant to accept higher prices.

Those forces collided with an ugly labor fight this year between Yellow and the Teamsters union over wages and other benefits. Those talks collapsed last month and union officials soon after warned workers that the company was shutting down.

After its bankruptcy filing, company officials placed much of the blame on the union, saying its members caused “irreparable harm” by halting its restructuring plan. Yellow employed about 23,000 union employees.

“We faced nine months of union intransigence, bullying and deliberately destructive tactics,” Mr. Hawkins said. The Teamsters union “was able to halt our business plan, literally driving our company out of business, despite every effort to work with them,” he added.

In late June, the company filed a lawsuit against the union, asserting it had caused more than $137 million in damages by blocking the restructuring plan.

The Teamsters union said that Yellow’s executives unjustly blamed the union for the demise of the company, which had been “plagued with financial trouble for nearly two decades,” officials said in a statement.

“Teamster families sacrificed billions of dollars in wages, benefits and retirement security to rescue Yellow,” said Sean O’Brien, the union’s general president. “The company blew through a $700 million government bailout.” Calling Yellow’s top executives “dysfunctional” and “greedy,” he blamed them for failing to “take responsibility for squandering all that cash.”

The bankruptcy could create temporary disruptions for companies that relied on Yellow and might prompt more consolidation in the industry. It could also lead to temporarily higher prices as businesses find new carriers for their freight.

“Those inflationary prices will certainly hurt the shippers and hurt the consumer to a certain extent,” said Tom Nightingale, chief executive of AFS Logistics, who suggested that prices would probably normalize within a few months.

In late July, Yellow began permanently laying off workers and ceased most of its operations in the United States and Canada, according to court documents. Yellow has retained a “core group” of about 1,650 employees to maintain limited operations and provide administrative work as it winds down. Yellow said it expected to pay about $3.4 million per week in employee wages to operate during bankruptcy, which “may decrease over time.” None of the remaining employees are union members, the company said.

The company also sought the authority to pay an estimated $22 million in compensation and benefit costs for current and former employees, including roughly $8.7 million in unpaid wages as of the date of filing.

Yellow had readily accessible funds of about $39 million when it filed for bankruptcy, which it said would be insufficient to cover its wind-down efforts, and it expected to receive special financing to help support the sale process and payment of wages.

Jack Atkins, a transportation analyst at the financial services firm Stephens, said that Yellow’s troubles had been mounting for years. In the wake of the financial crisis, Yellow engaged in a spree of acquisitions that it failed to successfully integrate, Mr. Atkins said. The demands of repaying that debt made it difficult for Yellow to reinvest in the company, allowing rivals to become more profitable.

“Yellow was struggling to keep its head above water and survive,” Mr. Atkins said. “It was harder and harder to be profitable enough to support the wage increases they needed.”

David P. Leibowitz, a Chicago bankruptcy lawyer who represents several trucking companies, said Yellow had found itself in a “perfect storm, and they have not managed that perfect storm very well.”

The company’s financial problems fueled concerns. It lost more than $100 million in 2019 and was being sued by the Justice Department over claims that it defrauded the federal government during a seven-year period. Last year it agreed to pay $6.85 million to settle the lawsuit.

Congressional oversight committees have scrutinized the company’s relationships with the Trump administration. President Donald J. Trump tapped Mr. Hawkins to serve on a coronavirus economic task force, and Yellow had financial backing from Apollo Global Management, a private equity firm with close ties to Trump administration officials.

Democrats on the House Select Subcommittee on the Coronavirus Crisis wrote in a report last year that top Trump administration officials had awarded Yellow the money over the objections of career officials at the Defense Department. The report noted that Yellow had been in close touch with Trump administration officials throughout the loan process and had discussed how the company employed Teamsters as its drivers.

In December 2020, Steven T. Mnuchin, then the Treasury secretary, defended the loan, arguing that had the company been shuttered, thousands of jobs would have been at risk and the military’s supply chain could have been disrupted. He predicted that the federal government would eventually turn a profit from the deal.

“Yellow had longstanding financial problems before the pandemic, was not essential to national security and thus should never have received a $700 million taxpayer bailout from the Treasury Department,” Representative French Hill, Republican of Arkansas and a member of the Congressional Oversight Commission, said in a statement. “Years of poor financial management at Yellow has resulted in hard-working people losing their jobs.”

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