Tuesday, March 31, 2020

Google: Marking a Business ‘Temporarily Closed’ Doesn’t Impact Rankings via @MattGSouthern

Google’s Danny Sullivan confirms that marking a Google My Business listing as temporarily closed will not harm rankings or visibility. As businesses shut their doors to mitigate the spread of coronavirus, Google introduced a “temporarily closed” indicator in Google My Business. Initially there was concern about this indicator negatively impacting search rankings. A concerned business owner reached out to Sullivan suggesting Google should introduce a solution that wouldn’t lead to reduced visibility in search. That’s important as some businesses are still operating online even though their physical location in closed. Here is Sullivan’s response: Previously, Google’s guidance explicitly stated that closed businesses will appear on Google with reduced visibility. As captured in this screenshot from Tharindu G, a warning would appear before marking a business as temporarily closed. google-marking-a-business-temporarily-closed-doesnt-impact-rankings-via-mattgsouthern.pnggoogle-marking-a-business-temporarily-closed-doesnt-impact-rankings-via-mattgsouthern.png As of March 30, Google has officially updated its guidance regarding temporary closures of businesses affected by COVID-19. A temporarily closed business will now be treated the same as an open business:
“If your business is affected by COVID-19, update your Google My Business profile to provide the most accurate information to your customers… Marking your business temporarily closed will not affect search ranking and it will be treated similar to open businesses.”
This is a brand new change that Google just rolled out. Sullivan says the company plans to have better messaging about it soon. For now, the most important thing to note is you can mark a business as temporarily closed without consequence. After doing so, Google will display the following message on the business’s profile in search results. google-marking-a-business-temporarily-closed-doesnt-impact-rankings-via-mattgsouthern.jpggoogle-marking-a-business-temporarily-closed-doesnt-impact-rankings-via-mattgsouthern.jpg Now that you know there’s no impact to search rankings, here’s how to mark a business as temporarily closed.

Google My Business: Temporarily Closed

To make a business profile appear as temporarily closed on Google Maps and Search, follow the steps below:
  • Sign in to Google My Business on desktop.
  • In the menu on the left, click Info.
  • To the right, point to the section “Close this business on Google.”
  • Expand this section and click click “Mark as temporarily closed.”
Source: Google My Business Help

FAQ

What should I do if my business is temporarily closed due to COVID-19?

Update your Google My Business listing to keep customers informed as to the actions you’re taking in response to the coronavirus outbreak.

https://www.businesscreatorplus.com/google-marking-a-business-temporarily-closed-doesnt-impact-rankings-via-mattgsouthern/

Monday, March 30, 2020

Operating During COVID-19: Helpful Tips for Local Businesses

Local businesses know better than any other model what it means to fully participate in community life. You are the good neighbors who are there to serve, inspire, and sustain the people and traditions that make your town a unique and enjoyable place to call home. As we explore this topic of what local businesses can do during the COVID-19 pandemic, I want to honor all that you have always done to take care of your community as a local business owner or marketer. Thank you. In this article, you will find local SEO tips that could make a difference for your business in the coming weeks, innovative resources for support, advice from my own tight-knit community of some of the world’s best local SEOs, and some serious thinking about building a better local future.

Adhere to all regulations

First and foremost, start each day with a review of both local and national news to be sure you are complying with the evolving regulations for your city, county, and country. Policies designed to mitigate the harm of COVID-19 vary widely from region to region, and your business must keep informed of which forms of service you are allowed to offer in this dynamic scenario. And, while social media can be a great connector within your community at any time, beware of misinformation and, sadly, scams in the days ahead. Get your news from sources you trust, and if you are not certain about interpreting a guideline, directly contact local authorities. This article does not take the place of laws and regulations specific to your community.

Communicate abundantly

The most helpful thing any local business can do right now, whether it’s deemed an essential or non-essential service, is to provide accurate information to its community. There are three key places to do this:

Google My Business

“More than ever, your Google Business Profile is a critical communication nexus with your customers”. —Mike Blumenthal, GatherUp Local businesses know just how big a role Google plays as intermediary between brands and the public. This remains true during this difficult time however, Google’s local product is not running at full strength. Joy Hawkins’ article for Local University on March 23 details the limited support for or complete discontinuation of Google Q&As, posts, descriptions, reviews, and owner responses. It’s an evolving scenario, with local SEOs reporting different outcomes each day. For example, some practitioners have been able to get some, but not all, Google posts to publish. As of writing this, there are four fields you can utilize to communicate current information to customers via GMB, but please be aware that some edits may take several days to go into effect:

Name

Google is allowing businesses to edit their business name field to reflect that they are offering curbside service, takeout, and delivery. For example, if your current name is “John’s Grill”, you are allowed to temporarily change your name to “John’s Grill — Delivery Available”.

Phone number

If regulations are keeping you at home but you still want customers to be able to reach you on your home or cell phone for information, update your work answering machine to reflect the changes and edit your GMB phone number to the appropriate new number.

Hours of operation

The discussion on how best to show that your business either has no hours or limited new hours is ongoing. I believe the best route for the present is to use Google’s method of setting special hours. This option should be especially useful for multi-location enterprises who can set special hours via the API. Be advised, however, that there are some instances of agencies setting special hours for clients and then clients receiving emails from Google asking if the business has closed. This can alarm those clients. However, to date, it appears that when Google receives responses to this prompt that yes, the business is closed, they simply put a message about this on the listing rather than remove the listing entirely. On March 25, Google implemented a “temporarily closed” button inside the “Info” tab of the GMB dashboard, as reported by Joy Hawkins. Utilizing this button may temporarily decrease your rankings, but you will be able to remove the label in the future and I strongly hope (but cannot guarantee) that this will remove any effects of suppression. I recommend using this button if it applies to your business because we must put safety first over any other consideration.

COVID-19 update posts

operating-during-covid-19-helpful-tips-for-local-businesses.jpg Google has newly created a Google posts type that you’ll see as an option in your GMB dashboard. While other post types have been published sporadically, I am seeing examples of the COVID-19 Update posts going live. Try to fit as much information as you can about the changed status of your business into one of these posts. In addition to the edits you make to your GMB listing, update your most visible local business listings on other platforms to the best of your ability, including on:
  • Bing: A “Temporarily closed” business status is available in the Bing Places dashboard. This is currently not available in the API.
  • Yelp: Yelp has introduced a new field called “temporarily closed”. This is meant to be used by businesses which are or will be closed (but not on a permanent basis) due to the COVID-19 outbreak. Businesses need to indicate the “end date” for when this business status will end. Given the uncertainty surrounding timelines, Yelp is allowing users to provide an “estimate” for the end date which they can always update later. Special opening hours can be added on Yelp itself, too. Neither field is available in the API.

Website

Google My Business may be experiencing support issues right now, but thank goodness you still have full control of your website as a home base for conveying important information to the public. Here’s a quick checklist of suggested items to update on your site as soon as you can:
  • Put a site wide banner on all pages of the website with key information such as “temporarily closed”, “drive-up service available 9-5 Monday - Friday” or “storefront closed but we can still ship to you.”
  • Provide the most complete information about how your business has been affected by COVID-19, and detail any services that remain available to customers.
  • Edit location landing pages in bulk or individually to reflect closures, new hours, and new temporary offers.
  • Be sure hours of operation are accurate everywhere they are mentioned on the website, including the homepage, contact page, about page, and landing pages.
  • If your main contact phone number has changed due to the situation, update that number everywhere it exists on the website. Don’t overlook headers, footers, or sidebars as places your contact info may be.
  • If you have a blog, use it to keep the public updated about the availability of products and services.
  • Be sure your website contains highly visible links to any social media platforms you are using to provide updated information.
  • It would be a worthy public service right now to create new content about local resources in your community for all kinds of basic needs.

Social media and email

“Make it clear what you're doing, such as things like home delivery or curbside pickup. And mention it EVERYWHERE. The companies that are being successful with this are telling people non-stop how they can still support them. Additionally, don't be afraid to reach out to people who have supported you via social media in the past and ask them to mention what you're doing.” —Dana DiTomaso, Kick Point Whether your customers’ social community is Facebook, Twitter, Instagram, YouTube, or another platform, there has never been a more vital time to make use of the instant communication these sites provide. It was Fred Rogers who famously said that in times of crisis, we should “look for the helpers.” People will be looking to your brand for help and, also, seeking ways that they can help, too. If you can make the time to utilize social media to highlight not just your own services, but the services you discover are being provided by other businesses in your city, you will be strengthening your community. Ask your followers and customers to amplify information that can make life safer or better right now. And, of course, email is one of the best tools presently at your disposal to message your entire base about changed conditions and special offers. My best practice advice for the present is to be sure you’re only communicating what is truly necessary. I’ve seen some examples of brands (which shall remain nameless) exploiting COVID-19 for senseless self-promotion instead of putting customers’ concerns and needs first. Don’t go that route. Be a helper! Beyond your local business listing, websites, social media platforms, and email, don’t overlook offline media for making further, helpful informational contributions. Call into local radio shows and get in touch with local newspapers if you have facts or offers that can help the public.

Operate as fully as you can

“Find out what support is being made available for you at government level, tap into this as soon as you can — it's likely there will be a lot of paperwork and many hoops through which you'll need to jump.” —Claire Carlile, Claire Carlile Marketing While the social safety net differs widely from country to country, research any offers of support being made to your business and make use of them to remain as operational as possible for the duration of this pandemic. Here are six adjustments your business should carefully consider to determine whether implementation is possible:

1. Fulfill essentials

If your business meets local, state, or federal regulations that enable it to continue operating because it’s deemed “essential”, here are the ways different business models are adapting to current conditions:
  • Some healthcare appointments can be handled via phone or virtual meetings, and some medical facilities are offering drive-up testing.
  • Drivethrough, delivery, and curbside pickup are enabling some brands to offer takeout meals, groceries, prescriptions, and other necessary goods to customers.
  • Supermarkets and grocery stores without built-in delivery fleets are contracting with third parties for this service.
  • Farms and ranches can offer honor system roadside stands to allow customers to access fresh produce, dairy products, and meats with proper social distancing.
  • Companies that care for vulnerable populations, banking, laundry, and fuel can implement and communicate the extra steps they are taking to adhere to sanitation guidelines for the safety of customers and staff.
  • Brands and organizations that donate goods and services to fulfill essential needs are taking an active role in community support, too.

2. Evaluate e-commerce

If your local business already has an e-commerce component on its website, you’re many steps ahead in being well set up to keep selling via delivery. If you’ve not yet implemented any form of online selling, investigate the following options:
  • If you have a credit card processing machine, the most basic solution is to take orders over the phone and then ship them, allow curbside pickup, or deliver them.
  • If you lack a credit card processing service, PayPal invoicing can work in a pinch.
  • If your site is built on WordPress and you’re quite comfortable with that platform, Moz’s own Sha Menz highly recommends the ease of the WooCommerce plugin for getting online shopping set up with PayPal as a built-in payment option. It allows easy setup of flat rate or free shipping and local pickup options. WooCommerce automatically sends order confirmation emails to both owner and customer and even supports creation of discount coupons.
  • Pointy is a simple device that lets you scan product barcodes and have them catalogued online. Read my 2019 interview with the company’s CEO and determine whether Pointy plus shipping could be a solution to keep you in business in the coming months.
  • If you’ve determined that robust investing in e-commerce is a wise move for the present and future, I found this 2020 overview of options from Shopify to Volusion to Magento very useful. Don’t overlook the Moz blog’s e-commerce category for free, expert advice.

3. Connect virtually

In my very large family, one relative has transitioned her yoga studio to online classes, another is offering secure online psychotherapy appointments, and another is instructing his orchestra on the web. While nothing can replace in-person relationships, virtual meetings are the next-best-thing and could keep many business models operating at a significant level, despite the pandemic. Check out these resources:

4. Use downtime for education

If COVID-19 has somewhat or completely paused your business, it’s my strong hope that there will be better days ahead for you. If, like so many people, you find yourself with much more time on your hands than usual, consider using it to come out of this period of crisis with new business knowledge. Please make use of this list of resources, and I want to give special thanks to my friend, Claire Carlile, for contributing several of these suggestions:

Begin working towards a stronger local future

“I would say generally it's critical for business owners to connect with one another. To the extent they can join or form groups for support or to share ideas, they should. This is a terrible and scary time but there are also potential opportunities that may emerge with creative thinking. The 'silver lining', if there is one here, is the opportunity to reexamine business processes, try new things and think — out of necessity — very creatively about how to move forward. Employees are also a great source of ideas and inspiration.” —Greg Sterling, Search Engine Land I’d like to close with some positive thinking. Local SEO isn’t just a career for me — it’s a personal belief system that well-resourced communities are the strongest. Every community, town, and city shares roughly the same needs, which we might depict like this: operating-during-covid-19-helpful-tips-for-local-businesses-1.jpg In this simple chart, we see the framework of a functional, prepared, and healthy society. We see a plan for covering the basic needs of human existence, the cooperation required to run a stable community, contributive roles everyone can play to support life and culture, and relief from inevitable disasters. We see regenerative land and water stewardship, an abundance of skilled educators, medical professionals, artisans, and a peaceful platform for full human expression. COVID-19 marks the third major disaster my community has lived through in three years. The pandemic and California’s wildfires have taught me to think about the areas in which my county is self-sustaining, and areas in which we are unprepared to take care of one another in both good times and bad. While state and national governments bear a serious responsibility for the well-being of citizens, my genuine belief as a local SEO is that local communities should be doing all they can to self-fulfill as many data points on the chart above as possible. While it’s said that necessity is the mother of invention, and it certainly makes sense that the present moment would be driving us to invent new solutions to keep our communities safe and well, I find models for sane growth in the work others have already contributed. For me, these are sources of serious inspiration:
  • Learn from indigenous cultures around the world about stewardship and community. Here is just one example of how knowledge is being applied by tribes in the Pacific Northwest during the pandemic. In my own state of California, a number of tribes are leading the way in mitigating wildfires via cultural burning, addressing what has become an annual disaster where I live.
  • Look at the policies of other countries with a higher index of human happiness than my own. For example, I am a great admirer of Norway’s law of allemannsrett which permits all residents to responsibly roam and camp in most of the country, and more importantly, to harvest natural foods like mushrooms and berries. In my community, most land is behind fences, and even though I know which plants are edible, I can’t access most of them. Given current grocery store shortages, this concept deserves local re-thinking.
  • Study the Economic Bill of Rights US President Franklin Delano Roosevelt introduced but didn’t live to see passed. Had this been implemented, my local community would not now be suffering from a shortage of medical providers and denial of medical care, a shortage of nearby farms for complete nutrition, homelessness and unaffordable housing, and a widespread lack of education and essential skills. From a purely commercial standpoint, FDR’s bill could also have prevented the collapse of “Main St.”, which local search marketers have been fighting every day to reverse.
  • Join organizations like the American Independent Local Business Alliance which exist to build more resilient local communities via methods like the Buy Local movement and community education. I strongly encourage you to check in with AMIBA for guidance in these times.
Other models and examples may personally inspire you, but I share my friend Greg Sterling’s opinion: now is the time to bring creativity to bear, to connect with fellow local business owners and community members, and to begin planning a more realistic and livable future. For now, you will have to make those connections virtually, but the goal is to come out of this time of crisis with a determination to make local living more sustainable for everyone. You can start with asking very basic questions like: Where is the nearest farm, and how many people can it feed? What do we need to do to attract more doctors and nurses to this town? Which facilities could be converted here to produce soap, or bathroom tissue, or medical supplies? I don’t want to downplay the challenge of forward-thinking in a time of disruption, but this I know from being a gardener: new seeds sprout best where the earth is disturbed. You have only to visit the margins of new roads being laid to see how digging is quickly followed by verdant crops of fresh seedlings. Humanity needs to dig deep right now for its best solutions to serious challenges, and this can begin right where you are, locally. Please allow me to wish many better days ahead to you, your business, and your community, and to work by your side to build a stronger local future.

https://www.businesscreatorplus.com/operating-during-covid-19-helpful-tips-for-local-businesses/

Sunday, March 29, 2020

Law Firm's Communication During the COVID-19 Crisis

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A crisis like the current Covid-19 pandemic is fertile ground for misinformation and communication missteps. Right now, with so many firms’ offices closed and staff members working remotely, there are some important communication best practices to follow to keep employees informed, ease concerns, build trust, and keep business moving forward. Of vital importance for mass tort law firms is consistent, concrete communication from leadership to all stakeholders. In fact, it’s a business imperative, largely because, in the absence of information, people will make it up. Therefore, it is important to communicate often and provide relevant updates on cases or company news. Be timely and frequent In rapidly changing situations, it’s important to share information in a timely manner, as often as needed. You might not have all the answers immediately, but start with what you know today and build from there as updates become available. Frequency helps build trust, closes information gaps, and reduces speculation. Your audiences will be assured that they will hear from you about what they need to know. This also requires a commitment from leadership to stay on top of the situation in order to share new information appropriately. Bear in mind that claimants may fall into higher risk categories for Covid-19 and may be more anxious and perhaps more isolated than many others. They may also be dealing with income challenges right now. Staying in touch with claimants and getting them answers to their questions will provide assurance that you are on top of the case and understand their frustrations or concerns. Be brief This isn’t the time for long, complex communications. Keep it brief with the “need to know” facts and communicate more frequently. Be positive Discuss what you are doing as a company to help people and your employees and focus on the positive where possible. Share an inspiring story about an employee’s community outreach endeavor or an organization the firm supports, or talk about positive developments with current cases. Employees first Although you need to think about all stakeholders prioritize communication to your employees first. They are your frontline ambassadors and, during uncertain times, can be helpful in communicating to your other audiences (clients, colleagues or claimants). Tell them what you want them to know (as often as you need to), as well as what you want and don’t want them to do. PUBLIC IS PUBLIC: Once you establish your employee message, use it as your firm’s public message. Doing so keeps communications consistent, and avoids having mixed or multiple messages.  Remote communications In these days of Covid-19, face-to-face communication has been halted. Video is the next best thing. It needn’t be formal or done with expensive equipment. Authentic communication puts a human face on your firm’s news and information. Monitor social media Nervous or eager claimants may take to social media to complain if they are not getting any answers about their case—especially during a crisis event. Designate an individual within the firm (if you do not retain PR counsel) to monitor social media platforms, look for any online mentions of the firm, and check online reviews. If there are comments on the firm’s pages, respond when appropriate. If someone posts something that is factually incorrect, correct it diplomatically. Demonstrate that you care and answer questions with available facts; if you do not have all the answers, convey that you will provide updates as they become available. Once the issue is addressed on social media, take the conversation offline to control your message. Dealing with the media If someone from the media calls for any reason, follow these three rules for managing the press in a crisis:
  • Be the first to tell your story – have a designated spokesperson to deliver your message
  • Be truthful – this is not the time for spin
  • Be prepared – be clear about what you will and can say; always reply, even if you cannot provide comment
For more information on communicating with your remote workforce and managing firm communications during a crisis, please call us at 888.681.1129, fill out this form or email us at info@verusllc.com and we will reply immediately. |CONTACT US| |REQUEST PROPOSAL|

https://www.forlawfirmsonly.com/law-firms-communication-during-the-covid-19-crisis/

Friday, March 27, 2020

Dicamba litigation against Bayer, BASF poised to explode, lawyers say

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Thousands of farmers from multiple states are expected to join mass tort litigation pending in federal court over claims that weed-killing products developed by the former Monsanto Co. and other chemical companies are destroying and contaminating crops, including organic production, a group of lawyers and farmers said on Wednesday. The number of farmers seeking legal representation to file suit against Monsanto and BASF has surged over the last week and a half after a staggering $265 million jury award to a Missouri peach farmer who alleged the two companies were to blame for the loss of his livelihood, according to Joseph Peiffer of the Peiffer Wolf Carr & Kane law firm. Peiffer said more than 2,000 farmers are likely to become plaintiffs. There are already over 100 farmers making claims against the companies that have been combined in multidistrict litigation in U.S. District Court in Cape Girardeau, Missouri. Earlier this month the bellwether trial for that litigation ended with a unanimous jury awarding the family-owned Bader Farms $15 million in compensatory damages and $250 million in punitive damages, to be paid by  Bayer AG, the German company that bought Monsanto in 2018, and by BASF.  The jury concluded that  Monsanto and BASF conspired in actions they knew would lead to widespread crop damage because they expected it would increase their own profits. We now have the road map to get justice for dicamba victims.  The Bader verdict in Missouri sent a clear signal that you can’t profit off of hurting innocent farmers and get away with it,” said Peiffer.  “The crop damage research and increasing farmer complaints forecast a much bigger problem than Monsanto/Bayer and BASF want to admit.” U.S. Right to Know asked the Environmental Protection Agency (EPA), which approved the dicamba herbicides despite scientific evidence of the risks, to provide a national tally for the total number of dicamba drift complaints. But while the EPA said it was taking the reports “very seriously,” it declined to provide a tally and said it was up to state agencies to handle such complaints. The EPA also indicated it was not certain the damage reported by farmers was, in fact, due to dicamba. “The underlying causes of the various damage incidents are not yet clear, as on-going investigations have yet to be concluded,” said an EPA spokesperson. “But EPA is reviewing all available information carefully. “Ticking Time Bomb” Just as Monsanto and Bayer have been confronted with damning internal documents in losing three trials over claims Monsanto’s glyphosate-based herbicides cause cancer, there are many internal corporate documents discovered in the dicamba litigation that helped convince the jury of the company’s guilt, according to Bader Farms attorney Bill Randles. Randles has obtained hundreds of internal Monsanto and BASF corporate records demonstrating the companies were aware of the harm their products would create even as they publicly professed the opposite. He said one BASF document referred to dicamba damage complaints as a “ticking time bomb” that “has finally exploded.” Bader and the other farmers allege that Monsanto was negligent in rolling out genetically engineered cotton and soybeans that could survive being sprayed with dicamba herbicides because it was known that using the crops and chemicals as designed would lead to damage. Dicamba has been used by farmers since the 1960s but with limits that took into account the chemical’s propensity to drift far from where it was sprayed. When Monsanto’s popular glyphosate weed killing products such as Roundup started losing effectiveness due to widespread weed resistance, Monsanto decided to launch a dicamba cropping system similar to its popular Roundup Ready system, which paired glyphosate-tolerant seeds with glyphosate herbicides. Farmers buying the new genetically engineered dicamba-tolerant seeds could more easily treat stubborn weeds by spraying  entire fields with dicamba, even during warm growing months, without harming their crops, according to Monsanto, which announced a  dicamba collaboration with BASF in 2011. The companies said their new dicamba herbicides would be less volatile and less prone to drift than old formulations of dicamba. But they refused to allow for independent scientific testing. The EPA approved the use of Monsanto’s dicamba herbicide “XtendiMax” in 2016. BASF developed its own dicamba herbicide that it calls Engenia. Both XtendiMax and Engenia were first sold in the United States in 2017. DuPont also introduced a dicamba herbicide and could also face multiple farmer lawsuits, according to the plaintiffs’ lawyers. In their legal claims,  farmers allege that they have experienced damage both from the drift of old versions of dicamba and drifting newer versions as well. The farmers claim that the companies hoped fears of drift damage would force farmers to buy the special GMO dicamba-tolerant seeds in order to protect their cotton and soybean fields. Farmers growing other types of crops have been without any means to protect their fields. North Carolina farmer Marty Harper, who grows about 4,000 acres of tobacco as well as peanuts, cotton, corn, soybeans, wheat, and sweet potatoes, said dicamba-related damage to his tobacco fields exceeds  $200,000.  He said part of his peanut crop has also been damaged. More than 2,700 farms have suffered dicamba damage, according to University of Missouri crop science professor Kevin Bradley.

https://www.forlawfirmsonly.com/dicamba-litigation-against-bayer-basf-poised-to-explode-lawyers-say/

Glyphosate Fact Sheet: Cancer and Other Health Concerns

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Glyphosate, a synthetic herbicide patented in 1974 by the Monsanto Company and now manufactured and sold by many companies in hundreds of products, has been associated with cancer and other health concerns. Glyphosate is best known as the active ingredient in Roundup-branded herbicides, and the herbicide used with “Roundup Ready” genetically modified organisms (GMOs). Herbicide tolerance is the most prevalent GMO trait engineered into food crops, with some 90% of corn and 94% of soybeans in the U.S. engineered to tolerate herbicides, according to USDA data. A 2017 study found that Americans’ exposure to glyphosate increased approximately 500 percent since Roundup Ready GMO crops were introduced in the U.S in 1996. Here are some key facts about glyphosate:

Most Widely Used Pesticide

According to a February 2016 study, glyphosate is the most widely used pesticide: “In the U.S., no pesticide has come remotely close to such intensive and widespread use.” Findings include:
  • Americans have applied 1.8 million tons of glyphosate since its introduction in 1974.
  • Worldwide 9.4 million tons of the chemical has been sprayed on fields – enough to spray nearly half a pound of Roundup on every cultivated acre of land in the world.
  • Globally, glyphosate use has risen almost 15-fold since Roundup Ready GMO crops were introduced.

Statements from scientists and health care providers

Cancer concerns

The scientific literature and regulatory conclusions regarding glyphosate and glyphosate-based herbicides show a mix of findings, making the safety of the herbicide a hotly debated subject. In 2015, the World Health Organization’s International Agency for Research on Cancer (IARC) classified glyphosate as “probably carcinogenic to humans” after reviewing years of published and peer-reviewed scientific studies. The team of international scientists found there was a particular association between glyphosate and non-Hodgkin lymphoma. U.S. agencies: At the time of the IARC classification, the Environmental Protection Agency (EPA) was conducting a registration review. The EPA’s Cancer Assessment Review Committee (CARC) issued a report in September 2016 concluding that glyphosate was “not likely to be carcinogenic to humans” at doses relevant to human health. In December 2016, the EPA convened a Scientific Advisory Panel to review the report; members were divided in their assessment of EPA’s work, with some finding the EPA erred in how it evaluated certain research. Additionally, the EPA’s Office of Research and Development determined that EPA’s Office of Pesticide Programs had not followed proper protocols in its evaluation of glyphosate, and said the evidence could be deemed to support a “likely” carcinogenic or “suggestive” evidence of carcinogenicity classification. Nevertheless the EPA issued a draft report on glyphosate in December 2017 continuing to hold that the chemical is not likely to be carcinogenic. In April 2019, the EPA reaffirmed its position that glyphosate poses no risk to public health. But earlier that same month, the U.S. Agency for Toxic Substances and Disease Registry (ATSDR) reported that there are links between glyphosate and cancer. According to the draft report from ATSDR, “numerous studies reported risk ratios greater than one for associations between glyphosate exposure and risk of non-Hodgkin’s lymphoma or multiple myeloma.” European Union: The European Food Safety Authority and the European Chemicals Agency have said glyphosate is not likely to be carcinogenic to humans. A March 2017 report by environmental and consumer groups argued that regulators relied improperly on research that was directed and manipulated by the chemical industry. A 2019 study found that Germany’s Federal Institute for Risk Assessment report on glyphosate, which found no cancer risk, included sections of text that had been plagiarized from Monsanto studies.  In February 2020, reports surfaced that 24 scientific studies submitted to the German regulators to prove the safety of glyphosate came from a large German laboratory that has been accused of fraud and other wrongdoing. WHO/FAO Joint Meeting on Pesticide Residues determined in 2016 that glyphosate was unlikely to pose a carcinogenic risk to humans from exposure through the diet, but this finding was tarnished by conflict of interest concerns after it came to light that the chair and co-chair of the group also held leadership positions with the International Life Sciences Institute, a group funded in part by Monsanto and one of its lobbying organizations. California OEHHA: On March 28, 2017, the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment confirmed it would add glyphosate to California’s Proposition 65 list of chemicals known to cause cancer. Monsanto sued to block the action but the case was dismissed. In a separate case, the court found that California could not require cancer warnings for products containing glyphosate. On June 12, 2018, a U.S. District Court denied the California Attorney General’s request for the court to reconsider the decision. The court found that California could only require commercial speech that disclosed “purely factual and uncontroversial information,” and the science surrounding glyphosate carcinogenicity was not proven. Agricultural Health Study: A long-running U.S. government-backed prospective cohort study of farm families in Iowa and North Carolina has not found any connections between glyphosate use and non-Hodgkin lymphoma, but the researchers reported that “among applicators in the highest exposure quartile, there was an increased risk of acute myeloid leukemia (AML) compared with never users…” The most recent published update to the study was made public in late 2017. Recent studies report cancer links and concerns about validity of EPA classification: 

Cancer lawsuits

More than 42,000 people have filed suit against Monsanto Company (now Bayer) alleging that exposure to Roundup herbicide caused them or their loved ones to develop non-Hodgkin lymphoma (NHL), and that Monsanto covered up the risks. As part of the discovery process, Monsanto has had to turn over millions of pages of internal records. We are posting these Monsanto Papers as they become available. For news and tips about the ongoing legislation, see Carey Gillam’s Roundup Trial Tracker. The first three trials ended in large awards to plaintiffs for liability and damages, with juries ruling that Monsanto’s weed killer was a substantial contributing factor in causing them to develop NHL. Bayer is appealing the rulings. Monsanto influence in research: In March 2017, the federal court judge unsealed some internal Monsanto documents that raised new questions about Monsanto’s influence on the EPA process and about the research regulators rely on. The documents suggest that Monsanto’s long-standing claims about the safety of glyphosate and Roundup do not necessarily rely on sound science as the company asserts, but on efforts to manipulate the science. More information about scientific interference:

Endocrine disruption and other health concerns

Some research suggests that glyphosate may be an endocrine disruptor. It has also been linked to liver disease, birth defects and reproductive problems in laboratory animals; and may kill beneficial gut bacteria and damage the DNA in human embryonic, placental and umbilical cord cells. A 2019 study in a Nature journal reported increases in obesity, reproductive and kidney diseases, and other problems in the second- and third-generation offspring of rats exposed to glyphosate. See the study and Washington State University press release. Recent studies have shown adverse biological effects from low-dose exposures to glyphosate at levels to which people are routinely exposed.
  • A 2017 study associated chronic, very low-level glyphosate exposures to non-alcoholic fatty liver disease in rats. According to the researchers, the results “imply that chronic consumption of extremely low levels of a GBH formulation (Roundup), at admissible glyphosate-equivalent concentrations, are associated with marked alterations of the liver proteome and metabolome,” the biomarkers for NAFLD.
  • A birth cohort study in Indiana published in 2017 – the first study of glyphosate exposure in US pregnant women using urine specimens as a direct measure of exposure – found detectable levels of glyphosate in more than 90% of the pregnant women tested and found the levels were significantly correlated with shortened pregnancy lengths.
  • A 2018 ecological and population study conducted in Argentina found high concentrations of glyphosate in the soil and dust in agricultural areas that also reported higher rates of spontaneous abortion and congenital abnormalities in children, suggesting a link between environmental exposure to glyphosate and reproductive problems. No other relevant sources of pollution were identified.
  • A 2018 rat study conducted by the Ramazzini Institute reported that low-dose exposures to Roundup at levels considered safe significantly altered the gut microbiota in some of the rat pups. Another 2018 study reported that higher levels of glyphosate administered to mice disrupted the gut microbiota and caused anxiety and depression-like behaviors.
  • A 2018 rat study by Argentinian researchers linked low-level perinatal glyphosate exposures to impaired female reproductive performance and congenital anomalies in the next generation of offspring.
Glyphosate has also been linked by recent studies to harmful impacts on bees and monarch butterflies.

Sri Lankan scientists awarded AAAS freedom award for kidney disease research

The AAAS has awarded two Sri Lankan scientists, Drs. Channa Jayasumana and Sarath Gunatilake, the 2019 Award for Scientific Freedom and Responsibility for their work to “investigate a possible connection between glyphosate and chronic kidney disease under challenging circumstances.” The scientists have reported that glyphosate plays a key role in transporting heavy metals to the kidneys of those drinking contaminated water, leading to high rates of chronic kidney disease in farming communities. See papers in  SpringerPlus (2015), BMC Nephrology (2015), Environmental Health (2015), International Journal of Environmental Research and Public Health (2014). The AAAS award had been under review since February amidst a fierce opposition campaign by pesticide industry allies to undermine the work of the scientists.

Desiccation: another source of dietary exposures 

Some farmers use glyphosate on non-GMO crops such as wheat, barley, oats, and lentils to dry down the crop ahead of harvest in order to accelerate the harvest. This practice, known as desiccation, may be a significant source of dietary exposure to glyphosate.

Glyphosate in food: U.S. drags its feet on testing

The USDA quietly dropped a plan to start testing food for residues of glyphosate in 2017. Internal agency documents obtained by U.S. Right to Know show the agency had planned to start testing over 300 samples of corn syrup for glyphosate in April 2017. But the agency killed the project before it started. The U.S. Food and Drug Administration began a limited testing program in 2016, but the effort was fraught with controversy and internal difficulties and the program was suspended in September 2016. Both agencies have programs that annually test foods for pesticide residues but both have routinely skipped testing for glyphosate. Before the suspension, one FDA chemist found alarming levels of glyphosate in many samples of U.S. honey, levels that were technically illegal because there have been no allowable levels established for honey by the EPA. Here is a recap of news about glyphosate found in food:

Pesticides in our food: Where’s the safety data?

USDA data from 2016 shows detectable pesticide levels in 85% of more than 10,000 foods sampled, everything from mushrooms to grapes to green beans. The government says there are little to no health risks, but some scientists say there is little to no data to back up that claim. See “Chemicals on our food: When “safe” may not really be safe: Scientific scrutiny of pesticide residue in food grows; regulatory protections questioned,” by Carey Gillam (11/2018).

https://www.forlawfirmsonly.com/glyphosate-fact-sheet-cancer-and-other-health-concerns/

15 Ideas for Relieving Stress During Coronavirus Quarantine via @searchmastergen

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We’re certainly living in strange times. While a global pandemic sweeps through our nation – and across the world – there is plenty to feel stressed about. People are losing their jobs. Parents are forced to find a way to have their child taken care of in response to mandatory school closing. Most terrifyingly, the weak and elderly – our grandparents, parents, aunts, uncles, in-laws, and lifelong friends – are all very much at risk of being gravely affected by COVID-19, the novel coronavirus. Oh, yeah. We’re all confined to our homes for the most part, too. There is no shortage of stress-inducing realities that we are all facing, and it’s looking like this will be the case for the foreseeable future, at the very least. So, it’s time to explore some easy stress relievers while we are locked in our homes with limited human contact in an effort to keep our shit together, our attitudes positive, and our outlook on each day better than the day before.

Stress Relievers in Times of High Anxiety

There are the easy answers:
  • Home workouts.
  • Reading good books.
  • Walks outside in fresh air (while keeping your minimum 6-foot distance from others).
  • Online shopping.
These are some of the more common alternatives to losing your mind on accelerate. And they make sense. Working out is scientifically proven to naturally reduce stress through the release of endorphins and other chemical responses. Reading helps get the creative juices flowing. Fresh air is always good for the mind and body, too. But what about some other basic, not-so-common outlets for stress and anxiety in these strange times?

1. Take it Slow

Most important thing for us anxious, oft-worried people is to just take is slow. Deep breaths and relaxation remain unrivaled. But it’s easier said than done. Anyone with real anxiety knows that. Just never turn your back on the basics. The faster we realize we need to gain control to handle what comes at us, the easier everything else becomes. Remember to take it slow and think of the big picture. We’ve made it this far and we’re living in a big world. Appreciate it for what it is. More often than not, everything falls into place.

2. Less Coffee If You’re Like Me Right Now

For the naturally anxious and occasionally uncontrollable personalities, like me, less coffee can be better. I need at least a couple of cups to get going in the morning, especially on Mondays. Also, I have found myself four (or more) cups deep before noon due to working from home – and making coffee by the pot. It’s easy to get overwhelmed and anxious in these uncertain times. But I try to help myself stay grounded by regulating just how much caffeine I put into my body, especially when my total daily movement is at an all-time low. A cup or two is all most of us need for the day. Move onto water at some point. Then keep your focus once you’re awake and working at a pace that works for you. Don’t just keep drinking coffee until you’ve got the shakes and are about to explode. (Yes, I speak from experience!)

3. Take Breaks from Watching the News

We all want to stay up to date on the current situation to ensure we have the facts and know what we can truly expect. But there has to be a saturation point. As a news junkie myself, I typically watch hours of news each day. In these trying times, that’s probably not the healthiest choice. I’ve reduced my news-watching time significantly, mostly saving my viewing for the morning and evening news telecasts only. The mess on Facebook is a much different story. Sure, there can be good information on the social media platform, and it’s usually nice to have that human exposure – albeit virtually – but, we all know far too well, there’s a lot of crap on Facebook, too. Just like we manage our time watching the news, we need to manage our time on platforms like Facebook. Honestly, I have zero interest in having real-life contact with several of my “friends” on Facebook  anytime soon. I also wonder why so many people never paid attention in ninth-grade library class (nor understand credibility, proper sourcing, etc.). No matter how you slice it, we need to manage and regulate our exposure to the outside madness when it comes to the news media and social media platforms.

4. Take a Trip on Foot (With or Without the Dog)

This is an easy one. And it’s a good one. There are a lot of things we are currently not allowed to do. Thankfully, walking outside is not one of them. So long as we keep our 6-foot distance from others, we are more than welcomed to get outside, get some fresh air while we take a quick run or walk the dog, and simply get in touch with the basics of life. Highly recommend.

5. Clean the House

If you’re like me, working in chaos is second nature. But working in a mess is a nightmare. And that, my friends, is one of the biggest dilemmas for working from home, at least for me. I find it hard to get in the zone if I’m sitting among dirty dishes, clothes that need to be put away, and piles of unnecessary toys that my 3-year-old leaves laying around always. So, I pick them up. I’m a lucky one in that cleaning is therapeutic to me. So, this helps in a multitude of ways. But the biggest factor here is the mental satisfaction I get from having a home (and temporary office) that is clean and tidy. It’s just one more way to eliminate unnecessary stress.

6. Talk to Friends & Family

As we now know, social distancing is not easy. It’s a fun joke or punchline when we bail on our friends (maybe even several times) to claim that we just want to be home alone in our pajamas. But being forced to stay in our homes and overthinking everything we touch for the small periods we actually leave (at the grocery store, gas station, bank, etc.) is no way to navigate life. We need to keep communicating with the outside world while we can, too. As mentioned, social networks help with this drastically. But there is plenty of toxicity out there that needs to be waded through as well. I’ve had several meetups with friends and/or coworkers since the 100 percent work-from-home mandate for non-essential employees in New York. And, while I still don’t think I am nearly as pretty as my mom pretended I was growing up (which became even more evident after staring at myself in the webcam during the meetups), this is definitely a fun and unique way to pass the time and stay somewhat normal. Zoom is easy to use, has some fun options for things like virtual backgrounds, and it’s free. We may not see these people (in person) for a couple more weeks, but we can connect with them in some capacity and keep things familiar with relative ease.

7. Start a Journal

As a journalist at heart, this is a no-brainer for me. But, like most of these alternatives, what works for me may not work for others. I’m just trying to provide some ideas; take what you’d like and modify as needed. I typically don’t keep a journal or diary, but when I do revisit old notes from certain periods of my life, I’m always intrigued. To be able to look back at a period of life and recite your thoughts is a strong, impactful way to remember the past. Pictures are great, but written dialogue (especially when written and read by the same person) has incredible power. It also offers some peace of mind and sanity. It’s almost like I’m visiting my shrink through handwriting at home.

8. Meditate

I don’t personally meditate, but many friends and coworkers do, and swear by it. It’s on the list of things I will certainly explore during this strange time. But meditation, along with breathing and mental-awareness exercises, are sure winners as ways to reduce stress by definition.

9. Try Something New

While many of us may be reluctant to break from what we already know we enjoy, now is also an ideal time to try some new things. Many of us will try some new programs on Netflix, maybe teach ourselves a new valuable skill, perhaps even cook up a new dish or two as we explore self-entertaining. It doesn’t hurt to try new things. Some of the new things I plan to do to keep my cool throughout quarantine are meditation, learn some coding skills, and definitely cooking things I never have before. I will be trying some new shows on Netflix, too.

10. Indulge in Satisfaction… But Work Toward It as a Reward

Another big one that seems pretty easy but may be overlooked is rewarding yourself with some of the finer things in life. A lot of us have been joking on social media about how we are going to be fat after this quarantining period is over with. And I’m not saying it’s wrong. Staying sane for the next few weeks may come with a few extra pounds when we are allowed to come out of our houses. I’ll take it. Some of my favorite “rewards” are ice cream, chocolate, Swedish Fish – even non-edibles like video games and other time-out pleasurables that help us feel good but should probably be indulged in at a regulated pace. Some of us also enjoy alcoholic beverages. Nothing wrong with that. I’ve just found it best to keep myself restricted to having my first drink until after 4 p.m. when my workday ends at 5 (officially). That time has since moved up to 3 p.m. over the last two days. The important part is just to keep it righteous and don’t do more harm than good.

11. Catch Up With Yourself & Life

I have long said that I need 36 hours in a day to get even half of the things done I would like to in one day. Life moves fast. I tend to, too. But this mandatory slow-down time – if you’re lucky enough to still have a job, be able to work from home, and are in good health – has allowed me to get a lot of my messy life elements in order. I’ve caught up on my mail. My house is clean. My laundry is done. There is something to be said for having order in life that helps with a positive outlook. And, for work, I am catching up on time-consuming tasks that would otherwise probably not get done anytime soon.

12. Don’t Work on the Same Thing Too Long

I’m extremely productive when I work from home. I also tend to go crazy a lot faster. Something I have found useful is the ability to shift gears regularly, or as needed. Same for when working in the office. If you’re able/don’t mind it, change up gears and put down a 3,000-cell Excel spreadsheet to take on a task or two that are easier. Maybe grab lunch, too. Come back and hammer out the spreadsheet for a couple of hours. Everybody loves a slight change of scenery, especially now.

13. Enjoy a Hobby – Any Way Possible

Face it. We don’t get enough time to enjoy the things we love. Even if we actually do. We’ll say we don’t. That’s why they are the things we love! In this period of social distancing, doing more of what we love is critical. Most of us have hobbies we like but just don’t get to do as much as we’d like. It could be painting, drawing, knitting, writing, reading, making music, or a million other things. Whatever you enjoy and makes you happy is the right answer here.

14. Sharpen Your Skillset

We live in a world where knowledge is very much available, and usually for free. And knowledge is power. Been meaning to teach yourself how to code? How to play the guitar? Learn a new language? Now is the time. There are plenty of free platforms out there to learn code, including Codecademy and a myriad of YouTube resources. Fender is giving away three months of free guitar lessons in this time of quarantine. Duolingo is a dependable easy-to-use free resource for learning a new language, too. Heck, maybe you’ve been meaning to read (and master) Kamasutra. Now’s the time.

15. Create

Weird situations like the coronavirus-created life shutdown are rare, but they’re real. We don’t have much choice in the matter. What we do with our time is important, for our sanity, but also for our production. I can confidently say that I’ve been working more efficiently than usual on my regular day-to-day tasks, but I also feel privileged to be lucky enough to have a job with flexibility, good teammates, and good clients. Outside of my regular eight to 10 hours of work per day, I’ve explored other ways to occupy my time and aren’t coming out of my TV but also help keep the stress down. Working on a book I’ve put on far too long, catching up on old episodes of “Grey’s Anatomy”, and re-organizing my filing cabinet are three things I’ve put time into so far in quarantine, and all have helped regulate my stress.

Do What Works for You

Some things work for some people and others work for other people. The important thing to remember is not everything works the same for everyone. Finding what works well for you is one of, if not the, most important element to keeping your mind right in these times. There are many uncertainties that exist in this unsure time. One thing we all certainly need is to keep our cool. More Resources:

https://www.businesscreatorplus.com/15-ideas-for-relieving-stress-during-coronavirus-quarantine-via-searchmastergen/

Thursday, March 26, 2020

Blanket Deadline Extension Orders: Short-Term Relief and Jurisdictional Risks

  blanket-deadline-extension-orders-short-term-relief-and-jurisdictional-risks.jpg Civil litigation is a highly deadline-driven activity – statutes of limitation, discovery responses, notices of appeal. The “use it by a date certain or lose it” nature of all of these deadlines pushes the wheels of justice forward, steadily, if sometimes slowly. Over the past 48 hours, in response to the novel coronavirus, state and federal courts across the country have applied the brakes to the judicial system – canceling appellate arguments, postponing jury trials, and pushing out deadlines, sometimes potentially for months. In the short-term, the orders provide welcome relief for firms and clients coping with office closures and directives in many parts of the country to shelter in place. But the relief in many cases may be incomplete – in some instances, courts lack the power to relieve parties from jurisdictional deadlines. As illustrative examples, here we look at a series of orders, all effective March 17, 2020, from a federal court in Chicago, and from state courts in Illinois, California, and New York. On March 16, 2020, Chief Judge Pallmeyer of federal court in Chicago signed Amended General Order 20-0012 (AGO). For civil cases, the order extended “all deadlines” set by the Federal Rules of Civil Procedure or by local rules “by 21 days” and struck hearings, trials, and settlement conferences that had been set to occur between March 17 and April 3, 2020, to be re-set after April 6, 2020. See AGO, ¶¶ 1-2. But the order notably did not – because it could not – extend the deadline for appeal. “The parties are cautioned that this Amended General Order does not affect the rights to or deadlines concerning any appeal from any decision of this Court. That is, the deadlines for filing a notice of appeal remain in place and must be followed to preserve appellate rights.” Id. ¶ 2 (emphases in original). Instead, the AGO invited parties to file timely extension requests under Appellate Rule 4(a)(5)(A) and stated that that rule’s good cause requirement would be deemed to exist. Id. What the AGO also did not do is extend the deadline for challenging the sufficiency of the evidence to support a jury verdict under Rule 50(b), because Rule 6 specifically strips District Courts of the power to extend that deadline. This matters, even in light of the AGO, because an evidentiary sufficiency challenge must be raised in the District Court in order to be raised on appeal. See Unitherm Food Sys. v. Swift-Eckrich, Inc., 546 U.S. 394, 404-05 (2006). All of this means that for any party who lost a jury trial and had a judgment entered against it before March 17, 2020 (or who has one entered afterwards), the AGO may provide no relief. Instead, unless Congress passes a stop-gap measure to realign the post-judgment and appellate rules, it will be business as usual for parties seeking post-judgment relief. (Timely Rule 50(b) motions do stay appeal deadlines, but those motions can be a weeks’-long effort; a notice of appeal can be prepared in much less time.) Unlike the federal courts, the Illinois Supreme Court appears to be less constrained in moving appellate deadlines. On March 17, 2020, the Court entered an order empowering lower courts to suspend deadlines for as long as 30 days following the end of the current state of emergency. The Court also suspended any Illinois Supreme Court Rules “to the extent contrary to any provision of this order.” See In re: Illinois Court Response to COVID-19 Emergency, No. M.R. 30370 (Ill. S. Ct. March 17, 2020). The order noted that it was “subject to constitutional limitations,” but where civil litigation is concerned, the Illinois Constitution simply creates the Illinois courts and defines their subject matter and appellate jurisdiction. The Illinois Supreme Court itself sets by rule the deadlines for invoking that jurisdiction. Accordingly, the March 17, 2020 suspension of rules may well include Ill. S. Ct. R. 303, which sets the 30-day deadline filing a notice of appeal in a civil case following entry of judgment; that suspension in turn may occur without a party needing to seek an extension of time. But here too, the rules are complex, and there is a potential glitch. Under the Illinois post-trial motion statute, 735 ILCS 5/2-1202(b), a post-trial motion challenging the sufficiency of the evidence to a support a judgment following a jury verdict (or to seek a new trial) must be filed within 30 days following entry of judgment. As with a Rule 50(b) motion in federal court, a timely Section 2-1202(b) motion stays the appeal deadline. And as with Rule 50(b), failing to file a Section 2-1202(b) motion operates as a forfeiture of an evidentiary sufficiency challenge (and in Illinois, also of the right to seek a new trial on appeal). But Section 2-1202 is a statute, not an Illinois Supreme Court Rule, so the Illinois Supreme Court’s March 17, 2020 order could not suspend it. Here, though, and unlike in federal court, the Illinois trial courts are already empowered by statute to extend the Section 2-1202(b) deadline, but the March 17, 2020 order did not automatically extend all post-judgment motion deadlines. On March 17, 2020, the California Supreme Court took yet a third approach, directing in Alameda County Superior Court cases that any dates between March 17, 2020 and April 3, 2020, inclusive, would be “deemed holidays” for purposes of computing time under Cal. Code Civ. Proc. §§ 12 and 12a, without purporting to amend or suspend the Code. In New York City, the trial court on March 17, 2020 adjourned “to a future date” all applications and all motions that had not been fully submitted and directed that it would hear only “essential” applications. The same day, the New York intermediate appellate court “suspended indefinitely” all appellate filing deadlines, other than those where a “deadline is conferred by statute.” While all of these orders – and many others that have been entered in the past few days and will be in the days to come – aim to provide relief to anxious litigators and their clients, the orders are complex and the relief they provide is necessarily incomplete. It is crucial to consult with experienced appellate counsel, who can help ensure that you can be pencils down when appropriate and be pencils up when essential.

https://www.forlawfirmsonly.com/blanket-deadline-extension-orders-short-term-relief-and-jurisdictional-risks/

New legal filings over alleged Roundup dangers amid court coronavirus delays

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Even as the spread of the coronavirus closes courthouse doors to the public and lawyers, legal maneuvering continues over claims of danger associated with Monsanto’s glyphosate-based herbicides. Two nonprofit advocacy groups, the Center for Food Safety (CFS) and the Center for Biological Diversity (CBD), filed an amicus brief on behalf of cancer patient Edwin Hardeman on March 23. Hardeman won a jury verdict against Monsanto of $80 million in March of 2019, becoming the second winning plaintiff in the Roundup litigation.  The trial judge reduced the jury award to a total of $25 million. Monsanto appealed the award nonetheless, asking an appellate court to overturn the verdict. The new legal brief supporting Hardeman counters one filed by the Environmental Protection Agency (EPA) that backs Monsanto in the Hardeman appeal. The CFS and CBD brief states that Monsanto and the EPA are both wrong to assert that the EPA’s approval of glyphosate herbicides preempts challenges to the safety of the products:         “Contrary to Monsanto’s claims, Mr. Hardeman’s case is not preempted by EPA’s conclusion relative to glyphosate because Roundup is a glyphosate formulation that EPA has never evaluated for carcinogenicity. Moreover, significant flaws and biases undermined EPA’s evaluation of glyphosate’s carcinogenicity and the district court was correct in allowing testimony to that effect,” the brief states.          “Monsanto wants this Court to believe that “glyphosate” is synonymous with ‘Roundup.’ The reason is simple: if the terms are interchangeable, then, they argue, EPA’s finding that glyphosate is “not likely to be carcinogenic” would apply to Roundup and might preempt Mr. Hardeman’s case. However as the evidence presented at trial demonstrated, “glyphosate” and “Roundup” are very much not synonymous, and Roundup is far more toxic than glyphosate.  Moreover, EPA has never evaluated Roundup for carcinogenicity. Glyphosate formulations, like Roundup, contain additional ingredients (co-formulants) to improve performance in some way. EPA understands these formulations are more toxic than glyphosate alone, yet nevertheless focused its cancer evaluation on pure glyphosate…” Separate lawsuit names EPA  In a separate legal action, last week the Center for Food Safety filed a federal lawsuit against the EPA over its continued support of glyphosate. The claim, made on behalf of a  coalition of farm workers, farmers, and conservationists, alleges the EPA is violating the Federal Insecticide, Fungicide, and Rodenticide Act as well as the Endangered Species Act by continuing to allow widespread use of glyphosate herbicides. “While EPA defends glyphosate, juries in several cases have found it to cause cancer, ruling in favor of those impacted by exposure,” CFS said in a press release. “Glyphosate formulations like Roundup are also well-established as having numerous damaging environmental impacts. After a registration review process spanning over a decade, EPA allowed the continued marketing of the pesticide despite the agency’s failure to fully assess glyphosate’s hormone-disrupting potential or its effects on threatened and endangered species.” Bill Freese, science policy analyst at CFS said: “Far from consulting the ‘best available science,’ as EPA claims, the agency has relied almost entirely on Monsanto studies, cherry-picking the data that suits its purpose and dismissing the rest.” Virus-related court disruptions Monsanto and its German owner Bayer AG have been working to try to settle a large number of the tens of thousands of Roundup cancer claims brought in U.S. courts. That effort continues, and specific settlements have already been reached for some individual plaintiffs, according to sources involved in the talks. US Right to Know reported in early January that the parties were working on a settlement of roughly $8 billion to $10 billion. However, many other cases continue to work their way through the court system, including the appeal of Dewayne “Lee” Johnson, the first plaintiff to win against Monsanto in the Roundup litigation. Johnson’s attorneys had hoped the California Court of Appeal would hold oral arguments in Monsanto’s appeal of Johnson’s win sometime in April. But that now appears extremely unlikely as other cases scheduled for March have now been pushed into April. As well, all in-person sessions for oral arguments in the appeals court are currently suspended. Counsel who choose to present oral argument must do so over the telephone, the court states. Meanwhile, courts in multiple California counties are closed and jury trials have been suspended to try to protect people from the spread of the virus. The federal court in San Francisco, where the multidistrict Roundup litigation is centralized, is closed to the public, including a suspension of trials, until May 1. Judges can still issue rulings, however, and hold hearings by teleconference. In Missouri, where most of the state court Roundup cases are based, all in-person court proceedings (with a few exceptions) are suspended through April 17, according to a Missouri Supreme Court order.  One Missouri case that had been set to go to trial in March 30 in St. Louis City Court now has a trial date set for April 27.  The case is Seitz v Monsanto #1722-CC11325. In ordering the change, Judge Michael Mullen wrote: “DUE TO THE NATIONAL PANDEMIC OF THE COVID-19 VIRUS AND THE UNAVAILABILITY OF JURORS IN THIS CIRCUIT THE COURT HEREBY REMOVES THIS CASE FROM THE MARCH 30, 2020 TRIAL DOCKET. CAUSE IS RESET FOR A TRIAL SETTING CONFERENCE ON MONDAY, APRIL 27, 2020 @ 9:00 AM.”

https://www.forlawfirmsonly.com/new-legal-filings-over-alleged-roundup-dangers-amid-court-coronavirus-delays/

COVID-Consumers: Pessimistic, but spending more online

By Greg Sterling Consumer sentiment has turned sharply negative as the virus has disrupted every aspect of daily American life. According to a consumer survey from Engine, 88% of consumers in the U.S. are now concerned about the pandemic. And according to another survey of roughly 2,600 U.S. adults from L.E.K. Consulting and Civis (.pdf), between 80% and 90% of adults expect a recession next year. Buying patterns shifting quickly. In addition to measuring consumer sentiment, the survey explored how the coronavirus has shifted buying patterns across industries. Generally, the survey finds “significant increases in at-home activities, particularly cooking at home, watching television, browsing social media and exercising at home.” Conversely, people are “limiting activities with high exposure risk,” which include going to bars/restaurants, gyms and public events (if those venues aren’t already closed). In addition, the survey found that “online spend is also on the rise, growing 10%-30% across grocery and non-grocery purchases.”

Change in time spent on various activities due to coronavirus as of March 18

covid-consumers-pessimistic-but-spending-more-online.pngSource: LEK Consulting, Civis consumer survey (2020).

Even though consumers are spending considerably more online than before the outbreak, that spending has shifted. According to the Civis survey there are very clear winners and losers. In the former category are at-home entertainment services, at-home fitness, grocery and pet supplies. Losers include dining out (as expected), major household purchases (e.g., furniture) but also restaurant takeout, electronics and clothes.

The data suggest that the money being spent online is a redistribution of aspects of traditional offline spending. Other purchases are being deferred or cancelled entirely.

Changes in monthly consumer spending as of March 18

covid-consumers-pessimistic-but-spending-more-online-1.pngSource: LEK Consulting, Civis consumer survey (2020)
More online shopping, some experimentation. A separate survey of 1,000 U.S. adults in mid-March, conducted by Valassis echoed many of the findings and trends in the Civis survey. It discovered that 42% of consumers were shopping more online with only 8% saying they were engaged in less e-commerce. The virus also appears to be motivating many consumers to try on new shopping behaviors such as restaurant and grocery delivery and, in some cases, buy-online-pick-up-in-store. In addition, Valassis found that at least under the circumstances, brand loyalty was being impacted:
  • 48% are remaining loyal to their usual/familiar brands.
  • 21% are purchasing a mix of usual and new brands.
  • 13% are “taking the opportunity to discover new brands.”
  • 19% are feeling less brand loyal, buying what’s available.
These experiences may result in some longer-term changes in consumer shopping patterns. However, about half survey respondents (48%) said they didn’t expect to adopt new behaviors in the aftermath of the outbreak. Social media usage way up. Finally, as multiple surveys have confirmed, social media usage is up. Valassis found that 39% of respondents have increased social media usage, while 7% have decreased it. The remainder are consistent in their social media behavior. Facebook itself said that usage was “skyrocketing,” as much as 50% in some hard-hit countries. However, the company also said that the usage increase wasn’t translating into a corresponding increase in ad spending and revenues. Why we care. While there’s no crystal ball, it’s clear that the virus is a major event for retail and e-commerce, and that some consumer behaviors will change (perhaps significantly) over the long term. E-commerce giants such as Amazon are set to benefit, as will the online channels of many established retailers such as Costco, Target and Walmart. However, many traditional retailers will struggle and perhaps fail in a post-COVID environment. But more concerning is the consumer expectation of a recession, which may be a sober and realistic assessment of current circumstances. Roughly 70% of U.S. GDP is made up of consumer spending. But expectations can translate into reality with consequences for the entire economy and digital marketing industry.

More about marketing in the time of the coronavirus

 

About The Author

covid-consumers-pessimistic-but-spending-more-online.jpg
Greg Sterling is a Contributing Editor to Search Engine Land, a member of the programming team for SMX events and the VP, Market Insights at Uberall.

https://www.businesscreatorplus.com/covid-consumers-pessimistic-but-spending-more-online/

Coronavirus And The Impact On Businesses So Far – Who’s Up & Who’s Down? via @MattGSouthern

A brand new report reveals the business impact of Coronavirus so far in the US, including which categories are up and which are down. The report was published by Yelp this week and reflects data gathered from March 1 through March 22. Yelp’s report looks at which types of businesses have risen or fallen in interest relative to others in the same general line of business. Data is focused strictly on consumer interest, measured in terms of daily activity from US users. Since the coronavirus outbreak was declared a pandemic, consumer behavior has drastically shifted.
“Consumers are responding to fears of infection, social distancing recommendations, stay-at-home orders and mandated business closures by changing their behavior around eating, shopping, planning their finances, and taking care of their health and beauty.”
Here are some of the key highlights from the report.

Coronavirus and Consumer Behavior

Food & Drink

A big part of the shift in consumer behavior is what and where US citizens are eating. This past week has seen a major uptick in consumers sourcing food from farms. The category Community-Supported Agriculture is up 157% from last week, and the category Imported Food Stores is up 172%. When consumers order food from restaurants for takeout or delivery, there’s been a growing interest in these categories:
  • Thai (up 55%)
  • Pizza (up 53%)
  • Fast Food (up 53%)
On the opposite end of the spectrum, dining options that bring many people together in close proximity are down. The categories of food courts and buffets are both down 32%. Other similar categories that are down include:
  • Breweries (down 57%)
  • French restaurants (down 45%)
  • Coffee Roasteries (down 43%)

Recreation

When people look for things to do outside of their home, they’re now looking for exercise more often than before. Activities that keep people far apart from each other are on the rise, such as:
  • Fitness & Exercise Equipment (up 162%)
  • Hiking (up 135%)
  • Mountain biking (up 119%)
  • Lakes (up 86%)
  • Parks (up 62%)
  • Videos & Video Game Rental (up 41%)
On the contrary, interest in activities that keep people close together are down. Interest in bowling and personal trainers is down by 67% and 51% respectively. Other similar categories that are down include:
  • Yoga (down 51%)
  • Amusement Parks (down 44%)
  • Flea Markets (down 35%)

Finance

Seemingly no industry is immune to the impact of coronavirus, including the finance industry. The extension of the federal tax-filing deadline sent the category of tax services down 26%. Interest in mortgage lenders is also down by 22% The urgent need for cash-in-hand has boosted the category of check cashing & pay-day loan stores up by 37%. For a complete look at business categories that are up and down, see the charts below: coronavirus-and-the-impact-on-businesses-so-far-whos-up-whos-down-via-mattgsouthern.jpgcoronavirus-and-the-impact-on-businesses-so-far-whos-up-whos-down-via-mattgsouthern.jpgcoronavirus-and-the-impact-on-businesses-so-far-whos-up-whos-down-via-mattgsouthern-1.jpgcoronavirus-and-the-impact-on-businesses-so-far-whos-up-whos-down-via-mattgsouthern-1.jpg Source: Yelp

FAQ

Which business categories are up after the coronavirus outbreak?

Categories such as farms, food delivery, personal fitness, and outdoor recreation are all up.

Which business categories are down after the coronavirus outbreak?

Categories such as buffets, personal trainers, and tax services are all down.

https://www.businesscreatorplus.com/coronavirus-and-the-impact-on-businesses-so-far-whos-up-whos-down-via-mattgsouthern/

Wednesday, March 25, 2020

The Monsanto Papers: Roundup (Glyphosate) Cancer Trials Key Documents & Analysis

the-monsanto-papers-roundup-glyphosate-cancer-trials-key-documents-analysis.jpg
(Scroll down to see trial schedule and see Trial Tracker for detailed updates) Monsanto’s German owner Bayer AG has confirmed that more than 42,700 people have filed suit against Monsanto alleging that exposure to Roundup herbicide caused them or their loved ones to develop non-Hodgkin lymphoma, and that Monsanto covered up the risks.  The current tally of plaintiffs is reportedly well more than 80,000 and perhaps as many as 100,000. As part of the discovery process, Monsanto has had to turn over millions of pages of its internal records. The Monsanto Papers and other court records are shared here. COURT-ORDERED MEDIATION  On April 4, 2019 U.S. District Judge Vince Chhabria ordered Bayer/Monsanto to enter into mediation with plaintiffs’ attorneys. As mediation continues, more than 2,470 lawsuits are pending in U.S. District Court in San Francisco and have been combined for handling as multidistrict litigation (MDL) under Chhabria. There have been three trials to date, one in federal court and two in state courts. The federal trial was  the case of Edwin Hardeman V. Monsanto. That trial was bifurcated at the request of Monsanto, limiting evidence jurors  heard during a first phase to causation only. On March 19, 2019 a unanimous jury decision handed a first-round victory to Hardeman, as the six jury members found that Hardeman’s exposure to Roundup was a “substantial factor” in causing his non-Hodgkin lymphoma. On March 27, 2019 the jury returned a verdict of approximately $80 million, including punitive damages of $75 million.  Judge Chhabria reduced the punitive damages awarded Hardeman to $20 million from $75 million, putting the total award at  $25,313,383.02.   Court/discovery documents are posted below for Edwin Hardeman V. Monsanto.  Click here for additional documents pertaining to combined MDL cases Read internal Monsanto documents regarding the company’s ghostwriting of an important paper published in the year 2000, and how the company used that “independent” scientific literature to promote and defend its herbicides. STATE COURT – Thousands of plaintiffs have made similar claims against Monsanto in state courts. The first trial in the Roundup litigation concluded on Aug. 10, 2018 with the jury ruling that Monsanto’s weedkiller was a substantial contributing factor in causing DeWayne “Lee” Johnson’s cancer, and ordering Monsanto to pay $289.25 million in damages, including $250 million in punitive damages. The judge reduced the punitive damages to $39 million in an order dated Oct. 22, 2018 which put the total verdict at approximately $78 million. Monsanto has appealed, seeking to throw out the judgment, while Johnson has cross appealed, seeking to reinstate the jury award. The appeal is filed in the California 1st District Court of Appeal, case number A155940.  The most recent trial was Pilliod V. Monsanto. On May 13, 2019, jurors returned a verdict awarding Alva and Alberta Pilliod $2 billion in punitive damages and $55 million in compensatory damages. The judge in the case then cut the total verdict to $86.7 million. Pilliod v. Monsanto was the first case in the California Roundup Judicial Council Coordination Proceedings (JCCP) and the third Roundup cancer case to proceed to trial.  Monsanto appealed the verdict to the California 1st District Court of Appeal,  case number A158228.  The Pilliods have filed a cross-appeal. See details at this link. Upcoming Trials: (On Feb. 7, 2020, Judge Chhabria ordered a delay in upcoming trial proceedings to allow for continued mediation. ) POSTPONED 01/15/2020   – Lake County Superior Court, Lakeport, Cal., Bellah v. Monsanto POSTPONED 1/21/2020   – St. Louis City Court, St. Louis, Mo., Wade v Monsanto #1722-CC00370 POSTPONED 01/22/2020   – Alameda County  Superior Court, Bargas v. Monsanto HG19026873 POSTPONED 01/17/2020  –  Contra Costa Superior Court, Cal., Caballero v Monsanto MSC19-01821 POSTPONED 01/24/2020  – Riverside Superior Court, Cal., Cotton v Monsanto  #RIC-1903180 POSTPONED 01/27/2020   – St. Louis County Court, Clayton, Mo., Gordon v Monsanto #17SL-CC02721 POSTPONED 02/24/2020  – U.S. District Court for the Northern District of California, San Francisco, Cal.,  Stevick v Monsanto POSTPONED 04/13/2020  –   St. Louis County Court, Clayton, Mo., Priest v Monsanto 04/27/2020  – St. Louis City Court, St. Louis, Mo.,  Seitz v Monsanto #1722-CC11325 05/13/2020   –   St. Louis County Court, Clayton, Mo., Bognar v Monsanto 05/05/2020  –  Marin County Superior Court, San Rafael, Cal,, Berliant v. Monsanto #CIV 1903556 06/29/2020 –     St. Louis City Court, St. Louis, Mo., Kane v Monsanto 07/13/2020   –   St. Louis County  Court, Clayton, Mo., Whitaker v Monsanto 07/24/2020 –   Riverside Superior Court, Cal., Cotton v Monsanto  #RIC-1903180 08/03/2020  –  St. Louis County  Court, Clayton, Mo., Leung v Monsanto 09/01/2020  –  St. Louis County  Court, Clayton, Mo.,  Edwards v Monsanto 10/05/2020  –    St. Louis City Court, St. Louis, Mo., Neal v Monsanto 10/05/2020  –  St. Louis City Court, Clayton, Mo., Evans v Monsanto 11/02/2020   –  St. Louis County  Court, Clayton, Mo., Abildgaard v Monsanto 11/02/2020   –  Jackson County Court, Kansas City, Mo., Hardy v Monsanto 01/11/2021    –  St. Louis County  Court, Clayton, Mo., Mize v Monsanto 02/01/2021  –  St. Louis City Court, Clayton, Mo., Coats v Monsanto 02/08/2021  – Jackson County Court, Kansas City, Mo., Bradford v Monsanto 03/01/2021   –  St. Louis County  Court, Clayton, Mo, Jorgensen v Monsanto 03/01/2021 –    St. Louis County  Court, Clayton, Mo, Berry v Monsanto 04/05/2021   – St. Louis County  Court, Clayton, Mo., Salsman v Monsanto 05/03/2021  –  Jackson County, Kansas City, Mo.,  Gutierrez v Monsanto 05/10/2021     – St. Louis County Court, Clayton, Mo.,  Chaplick v. Monsanto  Case No. 19SL-CC04115 See background. 07/12/2021 –  St. Louis County  Court, Clayton, Mo., Moore v Monsanto 08/02/2021 – St. Louis County  Court, Clayton, Mo., Davis v Monsanto 08/09/2021  –  Jackson County, Kansas City, Mo., Steffens v Monsanto 10/04/2021   –  St. Louis County  Court, Clayton, Mo., Amm v Monsanto 10/25/2021    – Jackson County, Kansas City, Mo.,  Marler v Monsanto ON APPEAL: DeWayne Johnson v. Monsanto: San Francisco County Superior Court /California State Court of Appeals Details here on the Judicial Council Coordination Proceeding (JCCP): Alameda County Superior Court

https://www.forlawfirmsonly.com/the-monsanto-papers-roundup-glyphosate-cancer-trials-key-documents-analysis/