Big Tobacco, E Cigarettes and the Future of Nicotine Delivery
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The Defend Trade Secrets Act Whistleblower Immunity Provision: a Legislative History, 1 Bus
The Business, Entrepreneurship & Tax Law Review Volume 1 Article 5 Issue 2 Fall 2017 2017 The efeD nd Trade Secrets Act Whistleblower Immunity Provision: A Legislative History Peter Menell Follow this and additional works at: https://scholarship.law.missouri.edu/betr Part of the Intellectual Property Law Commons Recommended Citation Peter Menell, The Defend Trade Secrets Act Whistleblower Immunity Provision: A Legislative History, 1 Bus. Entrepreneurship & Tax L. Rev. 398 (2017). Available at: https://scholarship.law.missouri.edu/betr/vol1/iss2/5 This Conference Proceeding is brought to you for free and open access by the Law Journals at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in The usineB ss, Entrepreneurship & Tax Law Review by an authorized editor of University of Missouri School of Law Scholarship Repository. Menell: DTSA Whistleblower Immunity SYMPOSIUM ARTICLE The Defend Trade Secrets Act Whistleblower Immunity Provision: A Legislative History Peter S. Menell** ABSTRACT The Defend Trade Secrets Act of 2016 (“DTSA”) was the product of a multi-year effort to federalize trade secret protection. In the final stages of drafting the DTSA, Senators Grassley and Leahy introduced an important new element: immunity “for whistleblowers who share confidential infor- mation in the course of reporting suspected illegal activity to law enforce- ment or when filing a lawsuit, provided they do so under seal.” The mean- ing and scope of this provision are of vital importance to enforcing health, safety, civil rights, financial market, consumer, and environmental protec- tions and deterring fraud against the government, shareholders, and the public. This article explains how the whistleblower immunity provision was formulated and offers insights into its proper interpretation. -
Big Tob Acco's Tricks
BIG TOBACCO'S TRICKS E-cigarette companies target youth with kid-friendly marketing. Researchers at Stanford University concluded that JUUL's marketing launch was "patently youth-oriented" and closely resembled the themes and tactics that the tobacco industry had successfully used for decades. JUUL hired social media influencers to promote JUUL and attend its launch events, amplifying the reach of JUUL's marketing on social media. JUUL's launch included a series of at least 50 highly stylized parties in cities across America. Thousands of young people were given free JUULs, often given out by attractive young girls. E-cigarette companies flood social media with youth-targeted marketing, often using influencers and celebrities and utilizing hashtags to spread their reach. E-cigarettes are easy for kids to get. Retailers are significantly less likely to card underage youth for purchase attempts of e-cigarettes than cigarettes. A California study found that tobacco and vape shops have the highest rates of sales to minors, with 45% selling to underage buyers. Studies have found that youth can succesfully purchase e-cigarettes over the internet in 94-97% of online purchase attempts. E-cigarettes companies have manipulated their products to make them more addictive. JUUL and other e-cigarette companies use "nicotine salts," which allow them to deliver high doses of nicotine with the irritation of other tobacco products. Each JUUL pod can contain as much nicotine as a pack of 20 cigarettes. www.TakeDownTobacco.org BIG TOBACCO'S TRICKS The tobacco industry spends $9.1 billion a year to market cigarettes and smokeless tobacco products in the U.S. -
Chapter 14. Tobacco Companies.Pdf
Imperial British American LEADING TOBACCO MANUFACTURER CHAPTER Tobacco Tobacco: London, UK By country, 2006 TOBACCO COMPANIES Group: Bristol, UK Imperial Tobacco/ “In the tobacco business, big is beautiful.” SWEDEN FINLAND Altria/Philip Morris None NORWAY Altadis 14 ESTONIA —RONALD WILDMANN, AN ANALYST AT ZURICH’S BANK LEU AG, British American State Monopoly No data ON THE ROTHMANS/BAT MERGER, 1999 UNITED DENMARK LATVIA KINGDOM LITHUANIA Tobacco Location of NETHERLANDS RUSSIAN FED. BELARUS Japan Tobacco Other headquarters of IRELAND POLAND International/Gallaher GERMANY major transnational BELGIUM tobacco companies Philip Morris CZECH REP. UKRAINE SLOVAKIA n recent years, dozens of cigarette manufacturing International: AUSTRIA SWITZ. REP. RUSSIAN HUNGARY MOLDOVA Lausanne, SLOVENIA FEDERATION companies have consolidated under four major private CANADA Switzerland FRANCE CROATIA ROMANIA BOSNIA AND HERZEGOVINA corporations: Altria/Philip Morris, British American SERBIA ITALY BULGARIA I Altadis: MONTENEGRO Tobacco, Japan Tobacco International, and Imperial Tobacco. FYR MACEDONIA Madrid, Spain ALBANIA State monopolies are also major cigarette manufacturers. The PORTUGAL SPAIN GREECE KAZAKHSTAN largest state monopoly is China National Tobacco Corporation, with a global cigarette market share that exceeds that of any UZBEKISTAN Altria: Richmond, GEORGIA KYRGYZSTAN private company. Because the European Union intends to AZERBAIJAN DPR UNITED STATES OF AMERICA Virginia, USA TURKEY TURKMENISTAN KOREA ARMENIA JAPAN Japan Tobacco restrict further mergers and acquisitions that increase a tobacco SYRIAN REP. MALTA KOREA International: CYPRUS ARAB CHINA TUNISIA LEBANON REP. IRAQ ISL. REP. Tokyo, Japan company’s market-share dominance, industry consolidation MOROCCO ISRAEL JORDAN OF IRAN trends may have peaked. NEPAL LIBYAN PAKISTAN The tobacco industry includes some of the most powerful ALGERIA ARAB KUWAIT JAMAHIRIYA EGYPT MEXICO UAE transnational corporate entities in the world. -
Smoking out Big Tobacco: Some Lessons About Academic Freedom
Pepperdine Law Review Volume 24 Issue 2 Article 1 1-15-1997 Smoking Out Big Tobacco: Some Lessons About Academic Freedom, The World Wide Web, Media Conglomeration, and Public Service Pedagogy from the Battle Over the Brown & Williamson Documents Clay Calvert Follow this and additional works at: https://digitalcommons.pepperdine.edu/plr Part of the Consumer Protection Law Commons, Evidence Commons, First Amendment Commons, Internet Law Commons, Litigation Commons, and the Torts Commons Recommended Citation Clay Calvert Smoking Out Big Tobacco: Some Lessons About Academic Freedom, The World Wide Web, Media Conglomeration, and Public Service Pedagogy from the Battle Over the Brown & Williamson Documents, 24 Pepp. L. Rev. Iss. 2 (1997) Available at: https://digitalcommons.pepperdine.edu/plr/vol24/iss2/1 This Article is brought to you for free and open access by the Caruso School of Law at Pepperdine Digital Commons. It has been accepted for inclusion in Pepperdine Law Review by an authorized editor of Pepperdine Digital Commons. For more information, please contact [email protected], [email protected], [email protected]. Smoking Out Big Tobacco: Some Lessons About Academic Freedom, The World Wide Web, Media Conglomeration, and Public Service Pedagogy from the Battle Over the Brown & Williamson Documents Clay Calvert* In May 1994, a box of documents arrived mysteriously, unsolicited, and without a return address at the office of Dr. Stanton A. Glantz, Professor of Medicine at the University of California, San Francisco (UCSF).' Its contents ultimately provided powerful evidence for * Assistant Professor of Communications and Associate Director of the Pennsyl- vania Center for the First Amendment at Pennsylvania State University. -
Big Tobacco, Big Avoidance Report 2020 1
Big Tobacco, Big Avoidance report 2020 1 Big Tobacco, Big Avoidance An analysis of the main tax avoidance structures used by British American Tobacco, Imperial Brands, Japan Tobacco International and Philip Morris International, based on annual reports of parent companies and major subsidiaries in 2010-2019 4 November 2020 A cooperative of highly specialized investigative journalists The Investigative Desk is a cooperative of highly specialised investigative journalists Office: Gaasterlandstraat 5, 1079 RH Amsterdam, the Netherlands +31 6 54674124 / www.investigativedesk.com / [email protected] Big Tobacco, Big Avoidance report 2020 2 Authors: Stefan Vermeulen (TheID) Manon Dillen (TheID) Co-author: Dr. J Robert Branston, Senior Lecturer (Associate Professor) in Business Economics School of Management, University of Bath, UK Researchers: Sergio Nieto Solis (TheID) Nadia el Khannoussi (TheID) Editor-in-chief and supervisor: Dr. Marcel Metze (TheID) The Investigative Desk is a cooperative of highly specialised investigative journalists Office: Gaasterlandstraat 5, 1079 RH Amsterdam, the Netherlands +31 6 54674124 / www.investigativedesk.com / [email protected] Big Tobacco, Big Avoidance report 2020 3 Summary of key findings There is growing pressure worldwide for companies to pay their fair share of tax. One sector that has lucrative revenue and profits is the tobacco industry (see chart). Although the sector makes billions in revenue, it pays relatively little in corporate taxes. Tobacco’s Big Four transnational companies - British American Tobacco, Imperial Brands, Japan Tobacco and Philip Morris - make extensive use of the entire range of common tax avoidance methods. We did not find any clear evidence of illegal practices (tax evasion), but analysis of their annual reports and those of a number of crucial subsidiaries in the period 2010-2019 shows that all four have ‘aggressive tax planning’ strategies, in spite of their own codes of conduct suggesting otherwise. -
The Tobacco Industry & the Black Community: the Targeting Of
TOBACCO June 2021 INDUSTRY THE TOBACCO INDUSTRY & THE BLACK COMMUNITY The Targeting of African Americans Big Tobacco, including more recent players like Juul Labs, has a sordid and lengthy history of targeting and exploiting Black, Indigenous, and other historically marginalized racial and ethnic groups, youth, the LGBTQ+ community, women, and others for corporate gain. The tobacco industry does this through sophisticated marketing tactics to lure new consumers to its deadly products and keep them hooked. An additional, lesser known tactic, one that the industry uses to whitewash its This factsheet is intended to raise awareness reputation, safeguard its regulatory influence of this form of the industry’s manipulation and power, manipulate messaging, and gain and abuse of targeted, at-risk populations. It public support is to make hefty contributions to describes the tobacco industry’s use of front culturally-relevant organizations, newspapers, groups, distortion, and corporate giving to mask magazines, and events of targeted communities. disreputable corporate conduct and highlights The tobacco industry is notorious for making recent examples of the way the industry exploits corporate donations to numerous organizations the African American community to maintain and causes championed by the very populations political access and shape policies that serve its it preys upon for profit. corporate interests. www.publichealthlawcenter.org June 2021 Corporate Malfeasance Since their inception, tobacco companies have used their vast resources -
UC Santa Barbara Go Global Newsletter
UC Santa Barbara Go Global Newsletter Title GoGlobal Summer 2006 Permalink https://escholarship.org/uc/item/75z4f32t Author Global & International Studies Publication Date 2006-06-01 eScholarship.org Powered by the California Digital Library University of California SUMMER 2006 Newsletter for Global & International Studies Program and Orfalea Center for Global & International Studies University of California, Santa Barbara The Masters are Coming! The new M.A. program in Global & Graduate Assistant. Joni not only had responsibility for all of the International Studies is looking forward to an arrangements, but also proved to be a highly effective ambassador excellent entering class next fall. Our open house to our applicants. Joni, so convinced of the unique appeal of our April 3-4, 2006 attracted twenty applicants, program, offered a wager, predicting an acceptance rate exceeding 50% whose two-day visit included meetings with – unheard of for a brand new program. I foolishly accepted her bet and faculty, a trolley tour of Santa Barbara, and lost. Joni has a party at Mark Juergensmeyer’s Isla since moved “Our success is refl ected in the fact that 20 Vista beachfront house. on to become students out of 33 admitted have indicated While informal socializing was the top offi ce they will be part of our 2006-2007 inaugural a major part of the event, we did manager of class.” -Richard Appelbaum, MAG&IS Director not neglect saturating our visitors the English with nuts-and-bolts information Department, about the program and graduate where we wish her continued success. Thanks also go to Global student life. -
Group Term Paper
Paper 3: Group Paper and Presentation CSCI 3316 Fall 2018 1 Goals • To watch an outstanding movie: The Insider, directed by Michael Mann, starring Al Pacino and Russell Crowe, 1999, 2 hours 40 minutes. Before watching it, you might want to check out the reviews on Rotten Tomatoes. • To understand that movie using the ethical framework we have developed this term, and to gain perspective on several of those issues. • As a team, to research and write about one issue that was woven throughout this movie. • To present your material to the class in an compelling and educational way. 2 Choose a Team and a Topic At about midterm time, I will ask students to team up in groups of three. Everyone will watch the same movie, but each team will report on a different ethical theme that was present in the movie. Organize your team. The names on the sign-up sheet will determine the eight project teams. Within each team, there are three roles: each student should present one aspect of technology in that decade. Choose a topic. I watched The Insider yesterday. It is a nail-biting thriller about these things: • Whistle blowing: Jeffrey Wigand / Brow and Williamson • Whistle blowing: Lowell Bergman / CBS • Trust: building it, losing it, and how it affects people • Public perception vs. falsified news • Money, power, corruption, and their effects • You cannot undo your past. Events are not erased. So is redemption possible? • Non-disclosure agreements: ethical uses and misuses Whichever topic you are working on, give a brief outline of the relevant events in the movie. -
COPD & Lung Cancer • Smoking Cessation : Self Help Book
1990- chest physician • Red Cross Hospital: COPD & Lung cancer • Smoking cessation : self help book: Netherlands stop! Smoking & book on Motivational Interviewing • 2013 Netherlands Cancer Institute- Lung Cancer • IASLC Tobacco Comittee & Lung Cancer • Chair Youth Smoking Prevention Foundation 2009 • Law suit against the State WHO FCTC 5.3 2015 • Member Endgame Tobacco & Smokefree Generation Alliance 25-03-17 ECTOH Porto SOS Youth Smoking Prevention Foundation The Foundation seeks to limit and prevent the use of tobacco –especially- by children and youngsters in order to ultimately turn tobacco use into history. A second statutory goal to which the Foundation subscribes is to contribute to civil knowledge and understanding of the dangers of tobacco use as well as the denormalisation of its use. 25-03-17 ECTOH Porto SOS Replacement smokers 25-03-17 ECTOH Porto SOS Netherlands in numbers 2015 38,1 % of the Dutch youth between 20 and 30 years smoked (60,1 % on a daily basis ) (Of the total disease burden in the Netherlands 13,1 % is attributable to smoking. In 2015 12.217 people were diagnosed with lung cancer. In 2014 48.400 people were diagnosed with COPD. Low intensity smoking for many years mortality >) 25-03-17 ECTOH Porto SOS Netherlands in numbers: small country, big in tobacco • > 50 %-66% of the smokers die because of a disease caused by smoking (Doll& Peto) • 20.000 people die annually because of a disease caused by smoking 25-03-17 ECTOH Porto SOS “In a way I am immortal”-JC 25-03-17 ECTOH Porto SOS Criminal law suit against the -
Tobacco Companies: Philip Morris Without Some of the Risks of Smoking
56 RESEARCH Says: Cigarette Market Share 57 Chapter These companies remain some of the most Sweden Finland by country, 2008 Norway . This is thanks in part to their endless British Estonia “profitable in the world American Russian United Kingdom Tobacco Latvia Fed. 18 London, inventive ways of undermining and circumventing regulation. Lithuania Denmark Russian Federation Ireland Philip Morris USA/ Anna Gilmore, University of Bath, UK, 2011 Netherlands Belarus Philip Morris International ” Canada Poland Imperial Tobacco Group Germany Bristol, UK Belgium n recent years, publicly traded tobacco Nicoventures, a separate company dedicated to Czech Rep. Ukraine British American Tobacco Philip Morris International Slovakia Rep. Lausanne, Switzerland Austria Moldova I companies have consolidated through creating alternative nicotine products that offer Switz. Hungary Slovenia— France —Croatia Romania Imperial Tobacco Group privatization and mergers. Today there are five the same experience expected from cigarettes Bosnia & Herzegovina Serbia Kazakhstan Japan Tobacco/ major private tobacco companies: Philip Morris without some of the risks of smoking. Bulgaria Albania —FYR Japan Japan Tobacco International Philip Morris International Italy Macedonia DPR Portugal Uzbekistan China National International, Altria/Philip Morris USA, Japan New York, NY Spain Georgia Kyrgyzstan Korea United States of America Greece Tobacco Corporation Korea Estimates of revenues from the global tobacco Armenia— —Azerbaijan Beijing State-Owned Tobacco Company Turkmenistan Rep Tobacco International, British American Altria Group/Philip Morris USA Turkey industry vary widely but are likely approaching Richmond, VA —Malta Syrian Tobacco, and Imperial Tobacco. In addition to Tunisia Cyprus— China Japan Tobacco/ Other Arab Rep. Japan Tobacco International half a trillion dollars annually. Although Lebanon*— Isl. -
Addiction at Any Cost: Philip Morris International Uncovered Chapter One Chapter
ADDICTION AT ANY COST Philip Morris International Uncovered ADDICTION AT ANY COST Philip Morris International Uncovered Acknowledgements & Contributions We acknowledge the support of Bloomberg Philanthropies Stopping Tobacco Organizations and Products project funding (www.bloomberg.org). The following researchers from the University of Bath authored each of the report chapters: Chapter 1 – Mateusz Zatonski, Silvy Peeters, Anna Gilmore Chapter 2 – Britta K Matthes, Rosemary Hiscock, Karen Evans-Reeves Chapter 3 – Karen Evans-Reeves, Kathrin Lauber (contributions from Janet Hoek, Lindsay Robertson and Debby Sy) Chapter 4 – Tess Legg with input from Anna Gilmore Chapter 5 – Tess Legg with input from Anna Gilmore Karen Evans-Reeves acted as lead author and editor of the report. Anna Gilmore provided substantive edits for each chapter. The authors would like to thank STOP Partners – the Global Center for Good Governance on Tobacco Control, Vital Strategies & The International Union Against Tuberculosis and Lung Disease (The Union) – for feedback on a draft of the report, Union subgrantees for providing information on combustible cigarette marketing and Lindsay Robertson for editorial assistance. Vital Strategies were responsible for the production design and publishing of the report and a corresponding website. Contents Executive Summary Glossary of Terms 10 Chapter 1 The Tobacco Industry and Harm Reduction: A History of Deception 22 Chapter 2 Global Tobacco and Next Generation Product Market, and Philip Morris International 30 Chapter 3 Philip -
Whistleblowing at Work: Ethical and Juridical Issues
UNIVERSITÀ CARLO CATTANEO - LIUC FACOLTA’ DI GIURISPRUDENZA Corso di Laurea Magistrale in Giurisprudenza - classe 22/S WHISTLEBLOWING AT WORK: ETHICAL AND JURIDICAL ISSUES Relatore: Prof.ssa Claudia Rimoldi Correlatore: Prof. Mario Zanchetti Tesi di Laurea di: Giorgio Fraschini matr. 10045 Anno Accademico 2006-2007 A mamma e papà TABLE OF CONTENTS Introduction……………………………………………………………………………………..1 Chapter 1. Whistleblowing: a preliminary outlook………………………………………...…3 Chapter 2. Whistleblowing: an ethical approach..……………………………………….….11 Chapter 3. United States Legislation…………………………………………………………21 3.1 The Sarbanes-Oxley Act………………………………………………………………….…22 3.2 Whistleblowing before the SOX……………………………………………………………25 3.3 SOX complaints and investigations…………………………………………………………27 3.4 SOX discovery and hearings………………………………………………………………..29 3.5 SOX Appeals……………………………………………………………………………..…31 3.6 Proof of discrimination……………………………………………………………………...33 3.7 Protected Activities………………………………………………………………………....36 3.8 The “reasonable belief” standard…………………………………………………………....38 3.9 Adverse action……………………………………………………………………………....39 3.10 Damages…………………………………………………………………………………...40 3.11 Attorney fees and costs………………………………………………………………….....43 3.12 Settlement of SOX complaints…………………………………………………………….44 3.13 Attorneys as whistleblowers…………………………………………………………….....46 3.14 Audit Committees and Corporate Employee Concerns Programs………………………...48 3.15 Criminal Sanctions for Retaliation…………………………………………………….…..51 Chapter 4. United Kingdom legislation………………………………………………………53 4.1