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The Silver Lining in Joe Biden’s Failed Economy

President Joe Biden has presided over a failed economic recovery marred by rampant inflation and a Democratic megadonor’s multibillion-dollar fraud scheme. Nevertheless, there is a silver lining to the sluggish economy: Corporate diversity consultants and left-wing hack journalists are getting fired at a rapid clip.

Major tech companies such as Meta, Amazon, and Twitter have cut thousands of jobs over the past several weeks. Fortune magazine reports that these layoffs are “decimating human resources and diversity teams.” That’s great news for America.

Last month, for example, the ride-hailing company Lyft cut 13 percent of its workforce. Hannah Said, the firm’s “Diversity and Inclusion Business Partner,” announced that she was fired along with the “majority” of her department. In that role, according to her LinkedIn profile, Said “strategically influenced Talent Acquisition/Recruitment through equitable hiring trainings, outreach and engagement activations, and Diversity, Equity, and Inclusion Councils,” among other things.

Dalana Brand, the “Chief of People and Diversity” at Twitter, resigned shortly after immigrant billionaire Elon Musk took over the social networking website and started firing people, including several leaders of the company’s diversity-focused employee resource groups. Musk also reportedly dissolved “the entire human rights team.” Whatever that means.

Media companies are also firing employees. BuzzFeed on Tuesday said it was cutting about 12 percent of its workforce. NPR announced a hiring freeze in an effort to cut $10 million from its annual budget. Newspaper chain Gannett has fired 600 employees since August. CNN has fired a number of partisan hacks, including conference call masturbator Jeffrey Toobin, and announced last week that hundreds more were likely to be terminated in the coming weeks.

Biden’s presidency is certainly one of the saddest moments in American history, which is why it is so important to highlight these silver linings. There may be hope yet for our wonderful country.

The post The Silver Lining in Joe Biden’s Failed Economy appeared first on Washington Free Beacon.

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BUSTED: House Ethics Committee Launches Bipartisan Investigation Into AOC

The House Ethics Committee is launching a bipartisan investigation into Rep. Alexandria Ocasio-Cortez (D., N.Y.), the panel announced Wednesday.

The committee did not disclose the nature of its investigation, which was jointly launched by acting committee chairwoman Susan Wild (D., Pa.) and acting ranking member Michael Guest (R., Miss.). But Ocasio-Cortez has faced numerous allegations of ethical impropriety during her time in Congress, including the possibility that she improperly accepted gifts ahead of the 2021 Met Gala.

A spokesperson for Ocasio-Cortez said she is confident the matter will be dismissed. “The Congresswoman has always taken ethics incredibly seriously, refusing any donations from lobbyists, corporations, or other special interests,” the spokesperson told Forbes.

Watchdogs say the Democratic firebrand violated House ethics rules when she “borrowed” jewelry and a glitzy custom-made “tax the rich” gown for the 2021 Met Gala. Ocasio-Cortez also impermissibly accepted free tickets to the event for her and her then-boyfriend, Riley Roberts, the Foundation for Accountability and Civic Trust and National Legal and Policy Center watchdog groups alleged in their respective ethics complaints.

Ocasio-Cortez did not report receiving any gifts connected to her attendance at the Met Gala in her 2021 financial disclosure. She did, however, disclose receiving a $3,057.04 engagement ring from Roberts.

Ocasio-Cortez wouldn’t be the first lawmaker to be investigated over their attendance at the Met Gala. The Office of Congressional Ethics reported in June that there is “substantial reason to believe” outgoing Rep. Carolyn Maloney (D., N.Y.) violated ethics rules for allegedly soliciting an invitation to the event.

“If they’re going after Representative Carolyn Maloney for her soliciting a free ticket to the gala, worth $30,000, surely AOC is a target for more scrutiny,” National Legal and Policy Center attorney Paul Kamenar told the Washington Free Beacon.

In August, Ocasio-Cortez openly admitted through her spokeswoman that she was flouting financial disclosure rules by failing to report her 2021 disclosure by the Aug. 13 deadline. She ultimately filed the disclosure on Sept. 12, one day before she would have been levied a fine.

In June, Ocasio-Cortez and her fellow “Squad” member Rep. Ilhan Omar (D., Minn.) were arrested outside the Supreme Court as part of a stunt coordinated with a dark money group funded by liberal billionaire financier George Soros.

Her troubles with the law didn’t start there. Ocasio-Cortez illegally parked her Tesla outside a Washington, D.C., Whole Foods on multiple occasions in 2021, a Free Beacon exposé found.

The Ethics Committee said in a statement that disclosure of its investigation is not proof Ocasio-Cortez violated House ethics rules. The committee added that further details about the investigation will be announced after the 118th Congress convenes in January.

The post BUSTED: House Ethics Committee Launches Bipartisan Investigation Into AOC appeared first on Washington Free Beacon.

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Lichfield and O’Toole cited by the Indian Express Times on the logistical issues of implementing a price cap on Russian oil

Read the full article here.

The post Lichfield and O’Toole cited by the Indian Express Times on the logistical issues of implementing a price cap on Russian oil appeared first on Atlantic Council.

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Dem governor: Caring is key to connecting with rural voters

FRANKFORT, Ky. (AP) — Kentucky Gov. Andy Beshear said Wednesday that Democrats have a better chance of connecting with rural voters in his home state and elsewhere when they talk about the things people need and the ways they can help them.

“When we think about how do we communicate with our rural families, the first thing is to care about them,” the Democratic governor said in an interview with The Associated Press at the state Capitol. “And to show that you care about them, and to earn their trust that you do truly care about them.”

Beshear said his party’s candidates need to show up with a core message centered on good-paying jobs, access to quality health care and good public schools — all issues that he sees as resonating with rural voters who have abandoned the party in droves in recent elections.

Beshear, who faces his own tough reelection fight next year in a state dotted with small towns and farms, is better positioned than most Democrats to talk about connecting with rural voters. He has maintained strong job approval ratings in a state where the GOP has become the dominant party.

The Kentucky governor’s race, falling as it always does in the year before a presidential election, has been flagged as the Democratic Governors Association’s top priority in 2023. GOP candidates, including several who have battled Beshear on legal and political fronts during his first term in office, are lining up for the chance to challenge Beshear.

Beshear has devoted much of his time as governor leading recovery efforts in rural areas of Kentucky stricken by devastating tornadoes a year ago and historic flooding earlier this year.

To make inroads in rural regions, candidates need to focus on the things that matter most to people — whether they’re making enough to support their families, can afford quality health care that’s accessible and can send their children to good schools.

“Whenever people get focused on the red versus blue, or the D versus R, they lose focus that our job is to serve the families in our states,” Beshear said. “Families want to hear that you’re trying to make their life better. You’re not trying to move something to the right or the left, but you’re trying to help them move forward.”

Beshear spoke about his administration’s work to provide clean drinking water for rural Kentuckians, and said one of his most satisfying days as governor was when he announced economic development projects in rural counties at both ends of the Bluegrass State.

“I think Democrats should show up more in rural America because it’s America,” the governor said. “Every person counts. The great lesson of COVID is that we all matter. And if we’re not lifting up every single part of Kentucky, we’re not doing our job.”

Beshear is preparing for his reelection campaign bearing a strong family brand — his father is a former two-term Kentucky governor — while yoked to a greatly diminished Democratic brand. Republicans built their dominance in Kentucky by cultivating reliable strongholds spanning the state’s rural regions — from the Appalachians in the east to the farming country in the west.

In 2011, the governor’s father, Steve Beshear, won more than three-fourths of Kentucky’s 120 counties to claim a second term. In 2019, Andy Beshear carried less than one-fourth of the counties but ran up big margins in cities and suburbs to narrowly defeat GOP incumbent Matt Bevin.

Andy Beshear will have to replicate that performance to win a second term, said Scott Jennings, a Kentucky-based Republican political commentator and former adviser to President George W. Bush. Democrats in Kentucky have no shot at regaining rural support anytime soon, Jennings said.

“The Democratic Party espouses economic and cultural values that are completely foreign to most rural voters, and is unapologetic about it,” said Jennings, who sees Beshear as the frontrunner at this point but said the incumbent is “beatable.”

Beshear will face waves of attacks from Republicans eager to consolidate their power by winning back the governorship.

“Andy Beshear and the Democrat Party do not represent Kentucky’s values,” state GOP spokesperson Sean Southard said in a statement earlier this week.

He pointed to Beshear’s vetoes of bills aimed at gradually phasing out state individual income taxes and preventing transgender girls and women from participating in school sports matching their gender identity. The GOP-dominated legislature overrode those and other Beshear vetoes this year.

Beshear invoked his faith Wednesday in response to a question about transgender rights and other debates resolving around social issues.

“My faith teaches me not to judge but to love,” the governor said. “It teaches me that we are to love our neighbors as ourselves and that everybody’s our neighbor.”

Beshear, a church deacon, comfortably refers to his Christian faith when discussing his policy priorities. He describes access to health care as a basic human right. The governor recently extended Medicaid coverage for dental, vision and hearing care to hundreds of thousands of Kentucky adults.

“How you talk about your faith and your values is very personal,” Beshear said Wednesday during the interview. “It’s very important to me. And I don’t talk about it because of any political bent. I talk about it because it’s part of me and it’s also part of how I make decisions.”

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Making ‘indie’ video games gets trickier as industry evolves

Video game developer Ben Esposito’s first big break was a quirky game called Donut County starring a raccoon who dropped small objects and then entire neighborhoods into an ever-growing hole in the ground.

His latest, Neon White, is a campy twist on the first-person shooter genre that involves careening across heaven at breakneck speeds to stop a demon invasion. Drawn in an anime style and with a romantic subplot, it’s nominated for “Best Indie” and “Best Action” game at Thursday’s Game Awards, an Oscars-like event for the video game industry.

Every year, some tiny and independent video game developer studios like Esposito’s Angel Matrix hold their own with the big leagues by making hit games that achieve commercial success or at least critical acclaim. Even one of the world’s most popular games, Minecraft, was started by an independent game developer in Sweden who later sold his studio to Microsoft for $2.5 billion.

“I have really odd taste,” said Esposito, 33. “When I’m picking stuff, it’s about trying to come up with that rare intersection of something that is offbeat and interesting to me, but if presented the right way, it could be financially successful.”

How long these “indie” studios can flourish is up for debate as the gaming industry undergoes increasing consolidation – symbolized by Xbox-maker Microsoft’s pending $69 billion takeover of giant game publisher Activision Blizzard that awaits approval from U.S. and European regulators.

Esposito, the game’s co-creator and director, and his wife, co-creator Geneva Hodgson, worked out of their home near Los Angeles to lead development of Neon White over the past three years. At the height of production, about five people worked full time on the game. Add friends, contractors and freelancers and it was still fewer than 20 people who touched the product, Esposito said.

And while there’s no one formula for transforming an offbeat idea into a blockbuster hit found on computers, phones or a family’s PlayStation, Xbox or Nintendo Switch, there are plenty of indie studios that have managed to build an audience for their games.

Thursday’s Game Awards event in Los Angeles is showcasing several. Those include the French-made summer hit Stray, about a cute cat navigating the alleyways of a post-apocalyptic city; another game about a cult led by a possessed lamb; and the retro-looking Vampire Survivors that pits its hero against a constant stream of monsters.

But as the industry keeps consolidating, some developers including Esposito worry that a golden age for high-quality indie games could be threatened as a smaller group of distributors makes choices about what gets funded.

“When it comes to bigger budgets, it’s a challenge because the industry feels like it’s contracting a bit,” he said. “Studios get bought up. Talent gets concentrated into certain areas and then budgets change.”

Games that Esposito describes as having middle-tier budgets in the $2 million range — neither cheap to make, nor as expensive as the major studio franchises — could get sidelined.

“I think we’re seeing that kind of mid-budget game start to disappear,” he said. “I think that’s really sad because that’s the kind of budget that I think can produce really interesting, odd, risky but well- realized projects and I think Neon White’s one of those.”

Both Stray and Neon White benefited from the support of arthouse publisher Annapurna Interactive, the games division of the film studio behind movies like “Her” and “American Hustle.” In the case of Neon White, that allowed Esposito’s team to enhance the game by hiring professional voice actors.

“It’s always a very risky endeavor to make an independent video game,” said Stray producer Swann Martin-Raget. The tools to make games are becoming more accessible, and so many studios are making them that it can be “really hard to get people’s attention,” he said.

Stray captured plenty of people’s attention this summer with its cinematic visuals of a realistic-looking tabby cat scampering around a city menaced by robots and other hazards. Its maker was BlueTwelve Studio, a small team of developers in the southern French city of Montpellier, some of whom previously worked at the nearby office of big game-maker Ubisoft.

As a sign of its upstart success, Stray is competing against big-budget blockbusters like Bandai Namco’s Elden Ring and Sony’s God of War Ragnarök for Thursday’s prestigious “Game of the Year” award.

Games analyst Steve Bailey at London-based market research firm Omdia said it’s hard to define what classifies a game as indie.

It used to mean “you have a small team, they do everything themselves and they release it without a publisher and they do not care about success. That was part of the original kind of indie spirit.” Now it sometimes describes anything that doesn’t come out of big studios making the highest-profile games.

“So it could even be somebody who has a publisher, some quite large studios actually, and budgets that might run into tens of millions of dollars that still get classed as indie,” Bailey said.

Bailey said there’s no question that players today have a rich and diverse collection of games to choose from on consoles, and from popular web-based game platforms such as Steam or Epic.

“There’s this interesting balancing act that’s taking place that the opportunities now are greater than they’ve ever been” for independent developers, Bailey said. “But the competition itself is absolutely massive.”

In the short term, the consolidation could be good for independent developers as companies like Microsoft strive to offer the widest possible array of games to get people hooked on buying a monthly subscription-based service such as Xbox Game Pass.

In the longer term, there’s more uncertainty if the game market starts to look more like streaming movie services like Netflix that can apportion budgets and contracts based on past viewership, Bailey said.

“In the future, when Xbox is focusing on profitability instead of expansion and acquisition, there might be a change of power,” he said. “It might be harder for indies to get traction on subscription platforms. It’s great for the people who are on there who get to be part of that wave, but the ones who are off, things might get harder.”

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Turns out the DOJ is way further along in its Donald Trump probe than we knew

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The DOJ has Donald Trump’s lawyers so cornered on obstruction, they’re now ratting him out for having hidden classified documents in a secret warehouse that no one even knew about. That’s how masterfully the DOJ is handling this investigation. And it’s why Trump will go to prison.


The DOJ probably wouldn’t have uncovered this secret warehouse on its own. How could it have? You can’t just raid every warehouse in South Florida on the off chance that one of them might belong to Trump. But because it took the time to target Trump’s lawyers, it got them to give up the existence of a secret warehouse.

So if you’re tempted to yell things like “why doesn’t the DOJ just search Trump’s other properties” maybe you should instead consider that the DOJ is way, way ahead of where you are on this. You’re stuck on simplistic ideas. The DOJ is using sophisticated tactics to unearth secret warehouses of classified documents.

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Inside a Kramatorsk hospital saving the lives of Ukraine’s war wounded





CNN

 — 

As the young soldier lies motionless in the machine, a group of health professionals huddle about a personal computer in an adjoining area.

The illustrations or photos from the CT scanner display shrapnel lodged deep in the still left-hand side of the man’s brain. “He requirements urgent surgical procedure,” 37-yr-previous neurosurgeon Oleg Serkiz claims.

As a person affected person is ready for the operating desk, paramedics in armed forces fatigues deliver a different soldier on a stretcher, and then another – a frequent stream of Ukraine’s fittest bodies now torn by metallic and punctured by bullets.

These gentlemen ended up rushed from the frontline to a expert trauma medical center in the town of Kramatorsk on Wednesday afternoon after remaining wounded in the bloody fight for the japanese town of Bakhmut. Only several hours previously, they had been the adrenaline-pumped vanguard of the Ukrainian army’s try to just take on the Russian troops – between them mercenaries that maintain substantially of the region. Now they wait, chilly and pale, for their turn on the operating desk.

Main surgeon Dr. Vitaly Malanchuk is normally the very first to evaluate the men’s accidents.

“We’re working with shrapnel wounds and gunshot wounds,” he suggests. “People can have severed limbs, with large facial defects… Furthermore there is polytrauma, where by distinctive organs are associated.”

“Polytrauma” is what a lay man or woman would contact lots of holes in the body.

Medics wheel in a soldier for treatment

The surgical team has treated all-around 100 patients a day over the previous number of weeks, and operated on about 50 % of them. It is powerful work, done underneath the menace of missile assaults from Russian-held territory just 30 kilometres absent. The pace of arrivals indicate there’s no time to shelter when air raid warnings audio right here. Tape on the windows seems the only attempt to mitigate problems from any blast.

Essential to the surgeons’ perform is a one CT scanner that shows surgeons the harm to a patient’s mind and spinal cord. It would commonly operate 15 or 20 scans for each day. Now, it processes 70 or 80. There is a “screaming need” for a alternative, Dr. Malanchuk says. They have located a utilised scanner for sale in the west of Ukraine that charges about 120,000 US bucks. The hospital’s administrators below have elevated about $60,000 but are captivating for help with the relaxation.

The troopers that can stroll into the medical center unaided know they are fortunate. A 35-yr-previous, who goes by the callsign “Duck”, was capturing mortars at the Russians on Wednesday morning when the enemy returned fire. “I bought hit in the leg and my mate in the arm,” he mentioned. “If I’m sitting down here, I’m fortunate.”

He stated he will visit his relatives for a week and then would like to return to the fight for Bakhmut, which he describes as “the most hellish part of the entrance. The Russians are throwing all their forces at it… [but] we’re hanging in there.”

Another solddier, 26-yr-outdated “Czech,” was together with “Duck” when they have been strike. He describes the battle for Bakhmut as, “Trenches, mud, blood, trenches, mud all over again, artillery. Trench warfare…. Environment War I and Globe War II. Verdun, the Somme… anything like that.”

“Czech” states his unit has weapons from NATO allies but not more than enough to avert injuries at this scale. “Not sufficient at all… not enough tanks, aviation, armored motor vehicles so [that] we can go just after their tools and not get this sort of a major hit with artillery. The West provides Ukraine weapons for guerrilla warfare. But we are not battling as partisans, we are battling as a standard army wherever two fronts meet.”

In this seemingly infinite war of attrition, doctors, like soldiers, are spurred on by results wherever they come across it.

35-year-old

“You recognize that you are exhausted, you understand that there is a method of inside burnout,” the Dr. Malanchuk explained. “But to be genuine, in some means we do get electricity from it. Our eyes really light-weight up when we see those people people who thank us, who are recovering, who are just after surgery… And that alone can make us not get fatigued, go ahead and most importantly it accumulates power. It appears to be that you are fatigued, and then the next affected individual arrives along and the process does its get the job done yet again.”

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The post Inside a Kramatorsk hospital saving the lives of Ukraine’s war wounded appeared first on Ukraine Intelligence.

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Analysis: Peru markets take in political drama as investors focus on fundamentals

2022-12-07T22:50:09Z

On a day of high drama for Peruvian politics that saw the president threaten to dissolve Congress before himself being ousted, the Andean country’s financial markets absorbed the punch.

The Peruvian sol currency and dollar bond prices recovered early losses after President Pedro Castillo was removed in an impeachment trial following his attempt to dissolve Congress.

The stock market fell sharply earlier in the day, only to end higher after Congress voted to oust the president, who was photographed inside a police station, though it was unclear whether he was detained.

“We saw the big sell off when Castillo tried to dissolve Congress and there was some uncertainty around what that actually meant for not only Congress, but the impeachment vote but we’re seeing the sol recover ground,” said Brendan McKenna, international economist and FX strategist at Wells Fargo.

“A lot of the stress that we saw early on has been absorbed. Peruvian assets are not so much under pressure as they were when the news first broke.”

Peruvian markets have been resilient in the face of what was scheduled to be a third vote to impeach the leftist president by the current Congress, with investors focused on the solid fundamentals of the South American economy. The sol remains one of the few emerging market currencies with gains against the U.S. dollar so far this year.

“You have fairly high credit ratings – on the back of low debt to GDP ratio – a high level of international reserves, a large share of debt in local currency, a current account deficit almost fully covered by foreign direct investment,” said Alejo Czerwonko, CIO for Emerging Markets Americas at UBS Global Wealth Management.

“So much political uncertainty is never welcome, yet the reason why markets have historically shrugged off political developments in Peru has to do with the fact that the country’s fundamentals are decently strong.”

The sol fell over 2% against the dollar at its session low of 3.8898 before recovering slightly to trade down 1.4% at 3.8625 per dollar in early afternoon trading.

The broad stock market index (.SPBLPGPT) fell 3.6% at the session low but ended up 0.5%, while some dollar-denominated government bonds fell as much as 1 cent in price before recouping losses and trading higher.

Spreads to U.S. Treasuries widened to as much as 211 basis points from the 198 bps close on Tuesday, before tightening back to 200 bps. Peru’s spreads rank among the lowest in Latin America.

“Castillo’s attempt to overthrow Congress and other political institutions was clearly a Hail Mary by the president to avoid impeachment which obviously failed,” said Aaron Gifford, emerging markets sovereign analyst in the Fixed Income division at T. Rowe Price.

“I think from here we’ll see nerves calm down.”

Vice President Dina Boluarte was sworn as president through 2026 and the first woman to lead the Andean nation.

Related Galleries:

A money changer holds Peruvian Sol bills at a street in downtown Lima, Peru, December 15, 2017. REUTERS/Mariana Bazo

People attend a protest while security forces stand guard after Congress approved the removal of President Pedro Castillo, in Lima, Peru, December 7, 2022. REUTERS/Alessandro Cinque
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Republican lawmakers criticize U.S. grant to battery company with China ties

2022-12-07T22:32:41Z

Two senior Republican lawmakers on Wednesday were highly critical of the decision by the U.S. Energy Department to award $200 million to Microvast Holdings (MVST.O) over the lithium battery company’s ties to the Chinese government.

In October, Texas-based Microvast won a $20 million U.S. grant from the department to help build a new EV battery components plant in Tennessee.

Representative Frank Lucas, top Republican on the House Science Committee, said nearly 80% of Microvast’sassets are in China and 61% of its revenue in 2021 originated in China.

“Award of funding to a company with known ties to the Chinese Communist Party (CCP) raises serious concerns about the department’s ability to protect U.S. taxpayer dollars from exploitation by the CCP,” Lucas wrote in a letter to Energy Secretary Jennifer Granholm.

In November, Microvast and General Motors (GM.N)said they would work together “to develop specialized EV battery separator technology and build a new separator plant in the U.S., which is expected to create hundreds of new jobs.” The companies are investing $304 million in the project, Microvast said.

Separators serve to separate the anode from the cathode in batteries. GM said it would contribute its advanced separator technology to the Microvast collaboration.

Senator John Barrasso, the top Republican on the Energy and Natural Resources Committee, wrote Granholm in a separate letter saying that Microvast “is joined at the hip with China.” He called the award “demonstrably antithetical” to the intent of the $1 trillion 2012 infrastructure law.

The Energy Department said “Microvast is an American battery company” and because of the grant “it no longer needs to look to China to establish its manufacturing facilities” and “will allow Microvast to build a separator production plant here at home.”

Over 200 companies applied for $2.8 billion in Energy Department grants and 20 received awards.

Microvast and General Motors did not immediately comment.

A $430 billion climate bill approved in August imposes rising sourcing requirements on battery minerals and components on a $7,500 EV tax credit and aims to phase out content from countries like China.

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U.S. Energy Secretary Jennifer Granholm speaks to reporters during a press briefing at the White House in Washington, U.S., June 22, 2022. REUTERS/Kevin Lamarque/File Photo

U.S. Senator John Barrasso (R-WY) attends a U.S. Senate Energy and Natural Resources Committee hearing on Capitol Hill in Washington, U.S., July 19, 2022. REUTERS/Elizabeth Frantz/File Photo
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Kim Kardashian, other celebrities beat EMax crypto investors“ lawsuit

2022-12-07T22:36:40Z

A federal judge in California on Wednesday dismissed a lawsuit against reality TV star Kim Kardashian, boxing legend Floyd Mayweather Jr. and others over their role in promoting a cryptocurrency, saying it was not clear that the investors who sued actually saw the promotions.

The lawsuit filed in January claims EthereumMax executives schemed with celebrity promoters to induce investors to buy the EMax token, driving up its price and allowing them to sell their own tokens at a profit.

U.S. District Judge Michael Fitzgerald in Los Angeles said that the investors may amend and refile their proposed class action.

The decision comes as other celebrity promoters face lawsuits from users of the failed cryptocurrency exchange FTX, whose collapse has deepened an ongoing “crypto winter.”

Sean Masson, an attorney who represents the investors in the EthereumMax case, said they plan to revise their claims to add “a host of additional facts demonstrating defendants’ wrongdoing and liability.”

Michael Rhodes, the lead attorney for Kardashian, said the defense is “pleased with the court’s well-reasoned ruling.”

Attorneys for Mayweather did not immediately respond to a request for comment. Also named in the lawsuit was former National Basketball Association star Paul Pierce.

Kardashian promoted EthereumMax in a June 2021 post on Instagram, and Mayweather wore the company’s logo on his boxing trunks during a widely viewed fight, the investors said.

In Wednesday’s ruling, Fitzgerald said that investors had failed to show that the executives and promoters schemed to mislead investors, rather than acting in their own self-interest.

The investors’ fraud claims failed because they had not stated whether or when they saw the promotions, the judge wrote.

While the investors may revise those claims, Fitzgerald permanently dismissed their claim under California’s consumer protection law, which he said applies to tangible goods and services, not “intangible goods” such as cryptocurrency.

Kardashian agreed in October to pay the SEC $1.26 million to settle claims that she failed to disclose she was paid to promote EthereumMax tokens. She did not admit wrongdoing.

The case is In Re: Ethereummax Investor Litigation, No. 22-00163.

Related Galleries:

Kim Kardashian attends the Baby2Baby gala at Pacific Design Center in West Hollywood, California, U.S., November 12, 2022. REUTERS/Mario Anzuoni

Boxer Floyd Mayweather Jr. of the U.S. speaks during an interview with Reuters in Tokyo, Japan November 3, 2018. Picture taken November 3, 2018. REUTERS/Issei Kato/File Photo