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The Morning Risk Report: Supreme Court Grills Bayer Over Failure to Warn Consumers About Roundup Risks
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By Max Fillion | Dow Jones Risk Journal
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Good morning. The Supreme Court grilled Bayer over whether it is liable for failing to warn consumers that its flagship weedkiller Roundup might cause cancer, in a case that could wipe out thousands of legal claims and help bring closure to a battle that has engulfed the company for years.
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Receptive audience: Justices across the ideological spectrum on Monday appeared receptive to arguments that the pharmaceutical and agriculture company can be sued for damages under a Missouri law requiring companies to warn consumers about risks from their products, even though the product wasn’t mislabeled under federal law because regulators had determined it was safe to use.
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A role for states: Chief Justice John Roberts expressed openness to Bayer’s argument that federal law is designed to create uniformity in the labeling of herbicides. But he questioned why states would be unable to do anything if a product is determined to be dangerous after the government approved its use.
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Breached containment: A ruling against Bayer would be a blow to the company’s efforts to contain the Roundup litigation, which has cost it billions of dollars. Thousands of consumers have sued the company over almost a decade claiming glyphosate, the key ingredient in Roundup, caused their cancer, and that the company should have done more to warn them about the risks.
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Bayer’s strategy: Getting a favorable ruling from the Supreme Court is a key part of Bayer Chief Executive Bill Anderson’s plan to contain the Roundup litigation this year. If Bayer prevails, it could help lead to the dismissal of thousands of cases against the company. Some plaintiffs could refile but it would also eliminate a key argument about the company’s failure to warn, making it potentially more difficult for them to win at trial.
See also: MAHA Moms Are Protesting Against Pesticides
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Content from our sponsor: Deloitte
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Navigating the AI Toolbox: Choosing the Appropriate Tool for the Job
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Survey data shows that AI deployment is rising, transformation is still uneven, and agentic AI holds promises for improving value if governance keeps pace. Read More
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The EU’s competition watchdog opened proceedings in January to instruct Google on how to comply with the bloc’s Digital Markets Act. Steve Marcus/Reuters
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EU tells Google to open Android to AI rivals.
The European Union told Alphabet’s Google what it should do to open up its Android operating system to artificial-intelligence services that compete with its own, the latest move by the bloc to rein in the search giant’s market power.
The European Commission, the bloc’s executive arm, said Monday that Google should ensure competing AI services can “effectively interact” with applications on Android devices. Those services should be able to execute tasks such as sending an email using the user’s preferred email app, order from delivery apps or share photos with the user’s friends, the commission said.
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Taiwan court hands down prison sentences over leaks of TSMC trade secrets.
A Taiwanese court on Monday sentenced a former employee of Taiwan Semiconductor Manufacturing Co. to 10 years in prison for stealing trade secrets.
The case marks the first time Taiwan has used security legislation to prosecute the theft of intellectual property involving critical chip technology. It has been closely watched as a bellwether for how Taiwan manages the security of its semiconductor sector, which is increasingly viewed through the lens of geopolitics. Taiwanese officials have said that corporate theft of sensitive information has surged over the past decade.
Monday’s ruling involved multiple defendants indicted for allegedly orchestrating leaks of TSMC’s proprietary technology to Japanese equipment maker Tokyo Electron, in violation of Taiwan’s security and trade-secret laws.
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Meta Platforms is preparing to have to unwind its acquisition of the artificial-intelligence startup Manus after China banned the transaction on national-security grounds Monday, according to people familiar with the matter.
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Australia aims to tax major tech companies 2.25% of local revenue if they don’t agree to pay local media outlets for news distributed on Facebook, Google and TikTok.
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$32 billion
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The extra costs European countries have paid for oil and gas imports since the war in Iran began, according to European Commission President Ursula von der Leyen.
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The Dow Jones Risk Journal Summit London on May 7 will convene senior business professionals for discussions on a range of corporate risks including supply chains, artificial intelligence, geopolitics and financial crime. Speakers include: Kathy Wengel, EVP, Chief Technical Operations and Risk Officer, Johnson & Johnson; Nish Imthiyaz, Global Privacy and Responsible AI Counsel, Vodafone; and Will Mayes, Chief Executive, Cyber Monitoring Centre.
Request a complimentary invitation here using the code COMPLIMENTARY. Attendance is limited, and all requests are subject to approval.
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Chris O’Meara/AP
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Budget airlines pitch Trump administration on $2.5 billion relief plan.
A group of budget airlines including Frontier and Avelo is seeking $2.5 billion in government assistance in exchange for warrants that could convert into equity stakes in the companies.
The Association of Value Airlines said Monday that it asked the administration to consider creating a $2.5 billion pool that budget carriers could draw from because they have been disproportionately affected by the run-up in fuel prices. The estimate assumed jet-fuel prices would remain above $4 a gallon on average for the rest of the year, according to people familiar with the matter.
See also: United Airlines Abandons Pursuit of Rival American Airlines
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OpenAI misses key revenue, user targets in high-stakes Sprint toward IPO.
OpenAI recently missed its own targets for new users and revenue, stumbles that have raised concern among some company leaders about whether it will be able to support its massive spending on data centers.
Chief Financial Officer Sarah Friar has told other company leaders that she is worried the company might not be able to pay for future computing contracts if revenue doesn’t grow fast enough, according to people familiar with the matter.
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Some insurers are now requiring ships to essentially follow an Iranian-approved route through the Strait of Hormuz as a condition of getting war-risk coverage, according to insurance broker Marsh. The new requirement reflects the continuing uncertainty and heightened risk over the waterway, which is effectively blocked.
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President Trump on Monday called on Disney’s ABC to remove late-night host Jimmy Kimmel over a joke he made last week about Melania Trump, in the latest skirmish between the administration and the comedian.
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The Federal Reserve succession drama now comes down to a decision only Jerome Powell can make: stay or go.
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Shell has agreed to buy Canadian energy producer ARC Resources for about $13.6 billion, a deal that gives the U.K. oil major new opportunities to export liquefied natural gas—or LNG—far from the conflict zones of the Middle East.
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Foreign-based automakers have warned the Trump administration that they are looking at pulling their cheapest car models out of the U.S. market if the U.S.-Mexico-Canada Agreement isn’t renewed or is watered down, according to people familiar with the discussions.
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The Bank of Japan extended its rate pause but signaled that hikes are firmly on the table as it raised inflation forecasts and more board members pushed to tighten policy settings.
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Prosecutors charged Cole Allen with three counts, including attempting to assassinate President Trump at the White House Correspondents’ Association dinner last weekend. He was also charged with two firearms offenses.
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OpenAI and Microsoft have forged a new deal that offers OpenAI more freedom to partner with Microsoft’s rivals, caps the amount of revenue it must share with the software giant through 2030 and removes a controversial clause in prior agreements. Microsoft, meanwhile, will retain access to the startup’s models and products.
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Larry Ellison is one of the world’s richest people. He may also be one of the world’s most indebted men—even before he guaranteed more than $40 billion for the Warner Bros. deal.
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One of the best selling points of a night out at the movies has long been how cheap it was for two hours-plus of entertainment. Not so much when it costs $50 a ticket.
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