DAILY UPDATE: Meta Anti-Trust Trial and Drug Price Negotiations with Few UP and Many DOWN Stocks

Posted on April 22, 2025 by Dr. David Edward Marcinko MBA MEd CMP™

MEDICAL EXECUTIVE-POST – TODAY’S NEWSLETTER BRIEFING

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Meta’s antitrust trial resumes: The FTC is accusing CEO Mark Zuckerberg of purchasing Instagram and WhatsApp to gain an unfair monopoly in the social media space, while the defense is expected to argue that the success of those apps is a product of Meta’s acquisition. Testimony will continue this week, with one Vanderbilt law professor telling Quartz that she expects to hear more expert testimony: “Judges tend to put a lot of stock in expert opinion in antitrust cases, especially when it comes to market definition and monopoly power.”

CITE: https://tinyurl.com/2h47urt5

🟢 What’s up

  • Netflix rose 1.57% on a strong vote of confidence from Wall Street pros: After last week’s earnings blowout, the streaming service received price target upgrades from JPMorgan, Wells Fargo, Goldman Sachs, Evercore ISI, Morgan Stanley and Piper Sandler today.
  • Discover Financial Services climbed 3.53% after its merger with Capital One got the greenlight from regulators. Capital One rose 1.54%.
  • MicroAlgo exploded 74.93% after the tech holding company became the latest hot penny stock du jour.
  • Gold miners continue to mint big gains as the hot commodity broke yet another record. Barrick Gold gained 1.39%, while Anglogold Ashanti climbed 2.13%.

What’s down

  • Chipotle sank 3.48% after announcing plans to open its first restaurant in Mexico.
  • Hertz Global gave up some of last week’s big gains today, dropping 4.98% as investors took profits following Bill Ackman’s hint that the rental car company may team up with Uber.
  • Speaking of, Uber fell 3.08% after the FTC sued the ride-hailing company for “deceptive billing and cancellation practices.”
  • Amazon lost 3.11% thanks to a downgrade from Raymond James analysts. They believe the e-commerce titan’s retail and advertising businesses are too exposed to tariffs.
  • Salesforce stumbled 4.45% on a downgrade from DA Davidson analysts, who say the SAAS company is too focused on AI and not on its core business.
  • Deutsche Post AG, better known as DHL, announced it is suspending shipments worth over $800 as the international shipping company struggles with tariffs. Shares fell 1%.
  • Comerica lost 4.36% after the regional bank forecast lower loans and deposits in 2025.

CITE: https://tinyurl.com/tj8smmes

Now that the US government is negotiating drug prices directly with manufacturers, states want to get in on the action, too. These efforts vary by state, but generally involve creating a board to review drugs’ affordability and sometimes setting upper price limits (UPLs). While none have implemented UPLs as of April, as the idea gains momentum, there are questions about UPLs and boards’ legality, practicality, and whether they will actually lower costs for patients.

Visualize: How private equity tangled banks in a web of debt, from the Financial Times.

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LEGAL: Expert Witness Defined

Posted on March 29, 2025 by Dr. David Edward Marcinko MBA MEd CMP™

By Staff Reporters

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What exactly is an Expert Witness?

At D.E. Marcinko & Associates an “expert witness” possesses specialized knowledge in a particular field and is qualified to provide deposition or testimony in court and under oath. This testimony can be based on their personal experience, education, training and/or research. The role of an expert witness is to provide objective and unbiased opinions, analysis, and insights to help a lawyer, judge and/or jury understand technical or complex issues related to the case.

EDUCATION: Books

An expert witness can be called by either the prosecution or the defense in a legal case. The expert witness may be required to provide a written report or affidavit detailing their opinions, analyses and conclusions, and they may be asked to testify in court to provide oral testimony and answer questions from the judge and lawyers.

MORE: https://marcinkoassociates.com/expert-witness/

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Malpractice Trial Jury Selection

Posted on February 16, 2024 by Dr. David Edward Marcinko MBA MEd CMP™

Understanding the Trial Process

[By Dr. Jay S. Grife; Esq, MA]insurance-book

The selection process for a jury begins with what is called the jury pool.  A number of citizens are selected as potential jurors, usually several times the number of jurors needed for a trial.  From this pool of potential jurors, the jury panel is selected.

Jury Size and Constituency

The size of the jury panel varies by state and locale.  Most juries consist of about six to twelve individuals on a panel.  In addition, one or more alternate jurors may also be selected.  Alternate jurors sit with the jury and hear evidence just as all the other jurors.  In some states, they also sit in on jury deliberations, though they are not allowed to participate.  If for some reason a member of the panel is unable to continue with the trial or other deliberations, the alternate juror fills in.  The number of alternate jurors varies, and determining the number is usually left to the discretion of the judge.  Generally; longer trials require more alternate jurors.

Pre-Trial Questionnaires

Before any potential juror appears at the courthouse for a trial, usually a questionnaire form is mailed for the individual to complete and return to the court.  Such forms request information such as name, age, occupation, educational background, participation as a party or witness in previous litigation, previous jury service, etc.  Attorneys for the parties are able to obtain and review these questionnaires in advance of the trial date.

More Questions

On the day of trial, when the potential jurors arrive at the courthouse, the judge typically asks some generic questions about their ability to serve.  The judge may ask whether any potential juror has a problem staying for the duration of the trial, or whether the potential jurors know any of the parties or their attorneys.  The purpose of these questions is for the judge to determine which, if any, of the potential jurors will be excused immediately from service.

Assessment

Many juries tend to be comprised of citizens with little or no college education.  One of the possible reasons for this result is that many professionals, especially medical professionals, request to be excused from jury service, citing their professional commitments as justification.  Ironically, professionals are usually the first to complain when juries who lack any representatives with advanced education hear their own cases.  Once the judge is finished with the preliminary screening of the jury pool; attorney questioning of the jurors and voir dire begins.

Conclusion

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U.S.A. DOJ versus GOOGLE LLC

Posted on September 16, 2023 by Dr. David Edward Marcinko MBA MEd CMP™

By Staff Reporters

One week into the 10-week trial in the U.S.A’s government’s high-stakes antitrust case against Google as the two sides have already staked out their positions.

The DOJ claims that Google spends billions per year to maintain its monopoly over search, paying to be the default on web browsers and mobile devices. Google, meanwhile, asserts that its dominant position comes from being better than all its competitors.

“If Google is prevented from competing, that won’t make Yahoo or DuckDuckGo run faster,” the company’s lawyer reportedly said in court.

DOJ: https://www.justice.gov/atr/case/us-and-plaintiff-states-v-google-llc

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