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    Crown Paints donates Ksh 1m for vulnerable Muslim families

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    Inaugural IUCN Africa protected areas congress launched

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    Court orders brothers to share inheritance with married sisters

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    Family Bank Redeems Ksh2 B Medium Term Note On Maturity

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    KRA intercepts 6000 litres of suspected ethanol worth Kshs.2.2 million tax

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    Kenyas Corruption Lock out US firms from tenders

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    Cash strapped Posta pushing for Ksh1 billion annual allocation

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    Gamer overcomes 15,728 odds to bag winnings

    Gamer overcomes 15,728 odds to bag winnings

    Gamer overcomes 15,728 odds to bag winnings

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    Absa Bank Launches An Asset Management Subsidiary

    Tough times for Kenyans as Tomato retails for Ksh 25

    Tough times for Kenyans as Tomato retails for Ksh 25

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    AKADEMIYA2063, African Economic Research Consortium sign MOU to Support Evidence-based Policymaking

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    Defiant Digital Taxi App Operators Given 30 Days Notice to Comply

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    Maize Flour Prices to Rise Millers Association Warns

    Eat’N’Go joins Kenyan Market after acquiring Dominos Pizza

    Eat’N’Go joins Kenyan Market after acquiring Dominos Pizza

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    Network International appoints Hany Fekry as Regional President

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    Mi Vida bets on 200 Years Experience To Bring Affordable Housing to Kenya

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    Nairobi Ranked the Best City in Africa

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    Investors still Consider Land A Good Investment Asset in the Long Term

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    Residential rents declined by 19% says new report

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    17% of Kenyan Billionaires looking to buy a house in 2021

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    LG bags 31 prestigious design awards

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    Businessman Makes Ksh 2 trillion, Then Lost It All in Just 2 Days

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    SoftBank Under Investigation Over Risky ‘Nasdaq Whale’ Investments

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    IMF maintains Kenyas debt is still sustainable, Says loan is for the good of Kenyans

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    Absa Group CEO abruptly steps down

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    Inaugural IUCN Africa protected areas congress launched

    LG bags 31 prestigious design awards

    LG bags 31 prestigious design awards

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    Employee Now Wants Ksh100 Million for Wrongful Dismissal

    Court orders brothers to share inheritance with married sisters

    Court orders brothers to share inheritance with married sisters

    HELB clearance will now be free for non beneficiaries

    Students who have overstayed in Universities to pay their own fees

    Family Bank Redeems Ksh2 B Medium Term Note On Maturity

    Family Bank Redeems Ksh2 B Medium Term Note On Maturity

    Kenyas Corruption Lock out US firms from tenders

    Kenyas Corruption Lock out US firms from tenders

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    Cash strapped Posta pushing for Ksh1 billion annual allocation

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      Absa Group CEO abruptly steps down

      Absa Group CEO abruptly steps down

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      Family Bank Redeems Ksh2 B Medium Term Note On Maturity

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      Equity CEO James Mwangi accused of running a Ponzi scheme, swindling staff

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      Family Bank defy pandemic to grow profits to Ksh1.4 B

      Family Bank defy pandemic to grow profits to Ksh1.4 B

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      AAR Insurance Net profits down 55 percent

      AAR Insurance Net profits down 55 percent

      The Association of Insurance Brokers of Kenya (AIBK) appoints Anthony Mwangi as board chairman

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      Faulu Bank to lend Ksh 3 billion to SMEs to boost growth

      Faulu Bank to lend Ksh 3 billion to SMEs to boost growth

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      OPINION: Energy Efficiency Will Decide Whether We Meet Our Global Climate Targets!

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Kenyan Business Feed
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  • News
    Crown Paints donates Ksh 1m for vulnerable Muslim families

    Crown Paints donates Ksh 1m for vulnerable Muslim families

    Inaugural IUCN Africa protected areas congress launched

    Inaugural IUCN Africa protected areas congress launched

    Court orders brothers to share inheritance with married sisters

    Court orders brothers to share inheritance with married sisters

    HELB clearance will now be free for non beneficiaries

    Students who have overstayed in Universities to pay their own fees

    Family Bank Redeems Ksh2 B Medium Term Note On Maturity

    Family Bank Redeems Ksh2 B Medium Term Note On Maturity

    KRA intercepts 6000 litres of suspected ethanol worth Kshs.2.2 million tax

    KRA intercepts 6000 litres of suspected ethanol worth Kshs.2.2 million tax

    Kenyas Corruption Lock out US firms from tenders

    Kenyas Corruption Lock out US firms from tenders

    Cash strapped Posta pushing for Ksh1 billion annual allocation

    Cash strapped Posta pushing for Ksh1 billion annual allocation

    Ksh5.8 Billion Deal: KenGen Gets To Drill Geothermall Wells In Ethiopia

    KenGen completes first drilling at Tulu Moye geothermal site in Ethiopia

  • Markets
    Gamer overcomes 15,728 odds to bag winnings

    Gamer overcomes 15,728 odds to bag winnings

    Gamer overcomes 15,728 odds to bag winnings

    Gamer overcomes 15,728 odds to bag winnings

    Absa Bank Launches An Asset Management Subsidiary

    Absa Bank Launches An Asset Management Subsidiary

    Tough times for Kenyans as Tomato retails for Ksh 25

    Tough times for Kenyans as Tomato retails for Ksh 25

    AKADEMIYA2063, African Economic Research Consortium sign MOU to Support Evidence-based Policymaking

    AKADEMIYA2063, African Economic Research Consortium sign MOU to Support Evidence-based Policymaking

    Defiant Digital Taxi App Operators Given 30 Days Notice to Comply

    Defiant Digital Taxi App Operators Given 30 Days Notice to Comply

    Maize Flour Prices to Rise Millers Association Warns

    Maize Flour Prices to Rise Millers Association Warns

    Eat’N’Go joins Kenyan Market after acquiring Dominos Pizza

    Eat’N’Go joins Kenyan Market after acquiring Dominos Pizza

    Network International appoints Hany Fekry as Regional President

    Network International appoints Hany Fekry as Regional President

  • Real Estate
    Kenyas economic outlook turned negative due to Covid-19 says report

    Gigiri and Karen performed better in rental yields despite covid-19 – Cytonn

    Mi Vida bets on 200 Years Experience To Bring Affordable Housing to Kenya

    Mi Vida bets on 200 Years Experience To Bring Affordable Housing to Kenya

    Nairobi Ranked the Best City in Africa

    Nairobi Ranked the Best City in Africa

    Investors still Consider Land A Good Investment Asset in the Long Term

    Investors still Consider Land A Good Investment Asset in the Long Term

    Residential rents declined by 19% says new report

    Residential rents declined by 19% says new report

    This is how to get awarded Sh50,000 by Cytonn Real Estate

    The Kenyan retail sector performance softened in 2019 with rental yields declining 1.6%

    Cytonn’s Affordable Housing Investment Plan (CAHIP)

    17% of Kenyan Billionaires looking to buy a house in 2021

    17% of Kenyan Billionaires looking to buy a house in 2021

    Kenyan Firm awarded Most Innovative Community Developer 

    #OmokaNaAlma: This is how you get awarded Sh50,000 by Cytonn Real Estate

  • Tech
    LG bags 31 prestigious design awards

    LG bags 31 prestigious design awards

    OPPO Reno5 named official smartphone partner of PUBG MOBILE Esports

    OPPO Reno5 named official smartphone partner of PUBG MOBILE Esports

    Cryptocurrency: Bitcoin is the Fastest Asset to Reach a $1 Trillion Market Cap

    Cryptocurrency: Bitcoin is the Fastest Asset to Reach a $1 Trillion Market Cap

    You Can Now Buy Airtime Using Fuliza From Safaricom

    You Can Now Buy Airtime Using Fuliza From Safaricom

    Nokia to launch 6 cheaper and durable smartphones today

    Nokia to launch 6 cheaper and durable smartphones today

    Safaricom Appoints Sitoyo Lopokoiyit As Head of New Mpesa Africa Joint Venture

    Sitoyo Lopokoiyit takes over as M-pesa Africa Managing Director

    60 graduate from Multichoice Talent Factory academy

    60 graduate from Multichoice Talent Factory academy

    Digital Partnership: Mastercard,Uber to boost payment digitization, advance financial inclusion across MEA region

    Digital Partnership: Mastercard,Uber to boost payment digitization, advance financial inclusion across MEA region

    Kenyans abandon 500million in their mobile accounts for fear of being known

    Kenyans send 11.4 billion daily over mobile phone

  • World Business
    Businessman Makes Ksh 2 trillion, Then Lost It All in Just 2 Days

    Businessman Makes Ksh 2 trillion, Then Lost It All in Just 2 Days

    SoftBank Under Investigation Over Risky ‘Nasdaq Whale’ Investments

    SoftBank Under Investigation Over Risky ‘Nasdaq Whale’ Investments

    IMF maintains Kenyas debt is still sustainable, Says loan is for the good of Kenyans

    IMF maintains Kenyas debt is still sustainable, Says loan is for the good of Kenyans

    Facebook Fined Ksh67 Million In Cambridge Analytica scandal

    Sensitive data of 533 million Facebook users have been leaked online

    Realme C11 a ‘hot cake’ as it makes top sales in Kenya

    Realme C11 a ‘hot cake’ as it makes top sales in Kenya

    How a religious festival turned into a massacre

    How a religious festival turned into a massacre

    Fire destroys servers at Europe’s largest cloud services firm

    Fire destroys servers at Europe’s largest cloud services firm

    1ST Commonwealth women’s Entrepreneurship Summit launched

    1ST Commonwealth women’s Entrepreneurship Summit launched

    OPPO Announces Global Partnership with Volkswagen

    OPPO Announces Global Partnership with Volkswagen

  • KBF
    • All
    • Agribusiness
    • Banking
    • Insurance
    • Manufacturing
    • Opinion
    Absa Group CEO abruptly steps down

    Absa Group CEO abruptly steps down

    Inaugural IUCN Africa protected areas congress launched

    Inaugural IUCN Africa protected areas congress launched

    LG bags 31 prestigious design awards

    LG bags 31 prestigious design awards

    Employee Now Wants Ksh100 Million for Wrongful Dismissal

    Employee Now Wants Ksh100 Million for Wrongful Dismissal

    Court orders brothers to share inheritance with married sisters

    Court orders brothers to share inheritance with married sisters

    HELB clearance will now be free for non beneficiaries

    Students who have overstayed in Universities to pay their own fees

    Family Bank Redeems Ksh2 B Medium Term Note On Maturity

    Family Bank Redeems Ksh2 B Medium Term Note On Maturity

    Kenyas Corruption Lock out US firms from tenders

    Kenyas Corruption Lock out US firms from tenders

    Cash strapped Posta pushing for Ksh1 billion annual allocation

    Cash strapped Posta pushing for Ksh1 billion annual allocation

    • Agribusiness
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      Absa Group CEO abruptly steps down

      Absa Group CEO abruptly steps down

      Family Bank Redeems Ksh2 B Medium Term Note On Maturity

      Family Bank Redeems Ksh2 B Medium Term Note On Maturity

      Equity Restructures Ksh92 Billion Loans To cushion Customers Against COVID-19

      Equity CEO James Mwangi accused of running a Ponzi scheme, swindling staff

      CBK okays liquidation of Chase Bank

      CBK okays liquidation of Chase Bank

      Absa Bank Launches An Asset Management Subsidiary

      Absa Bank Launches An Asset Management Subsidiary

      SoftBank Under Investigation Over Risky ‘Nasdaq Whale’ Investments

      SoftBank Under Investigation Over Risky ‘Nasdaq Whale’ Investments

      Equity beat KCB as Kenyas’ most profitable lender

      Equity beat KCB as Kenyas’ most profitable lender

      Government looking to re introduce loan relief measures

      Government looking to re introduce loan relief measures

      Family Bank defy pandemic to grow profits to Ksh1.4 B

      Family Bank defy pandemic to grow profits to Ksh1.4 B

    • Insurance
      AAR Insurance Net profits down 55 percent

      AAR Insurance Net profits down 55 percent

      The Association of Insurance Brokers of Kenya (AIBK) appoints Anthony Mwangi as board chairman

      The Association of Insurance Brokers of Kenya (AIBK) appoints Anthony Mwangi as board chairman

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      Stima Sacco announce a Ksh.1.02 billion profit

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      Faulu eyeing lucrative agribusiness ecosystem in Limuru

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      OPINION: Energy Efficiency Will Decide Whether We Meet Our Global Climate Targets!

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      After fuliza, Safaricom introduces another way to borrow money

      OPINION: Why Safaricom’s Fuliza is a rip off!

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Home World Business

California Shareholder Sues Bayer over Monsanto Acquisition ‘Disaster’

by Montui
March 11, 2020
in World Business
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A California shareholder of Bayer AG on Friday filed a lawsuit against the companies’ top executives claiming they breached their duty of “prudence” and “loyalty” to the company and investors by buying Monsanto Co. in 2018, an acquisition the suit claims has “inflicted billions of dollars of damages” on the company, USRTK reported Friday.

Plaintiff Rebecca R. Haussmann, trustee of the Konstantin S. Haussmann Trust, is the sole named plaintiff in the suit, which was filed in New York County Supreme Court.  The named defendants include Bayer CEO Werner Baumann, who orchestrated the $63 billion Monsanto purchase, and Bayer Chairman Werner Wenning, who announced last month he was stepping down from the company earlier than planned. The suit claims that Wenning’s decision came after Bayer improperly obtained a copy of the then-draft shareholder lawsuit “through corporate espionage.”

The lawsuit also claims that Bayer’s recent announcement of an audit of its acquisition actions is “bogus” and “part of the ongoing cover-up and intended to create a legal barrier to this case to protect Defendants from their accountability…”

The action is a shareholder derivative complaint, meaning it is brought on behalf of the company against company insiders. It seeks compensatory damages for shareholders and disgorgement of “all compensation paid to the Bayer Managers and Supervisors who participated in bringing about this Acquisition…” The suit also seeks return of funds paid to banks and law firms involved in the acquisition.

The defendants include not only Baumann and Wenning, but also some present and former Bayer directors and top managers, as well as BOFA Securities, Inc., Bank of America, Credit Suisse Group AG and the law firms of Sullivan & Cromwell LLP and Linklaters LLP.

A Bayer spokesman did not respond to a request for comment.

The lawsuit comes a little more than a month before Bayer’s April 28 annual shareholders’ meeting in Bonn, Germany.  At last year’s annual meeting, 55 percent of shareholders registered their unhappiness with Baumann and other managers over the Monsanto deal and the subsequent loss of roughly $40 billion in market value.

Bayer’s purchase of Monsanto has been clouded by tens of thousands of lawsuits alleging Monsanto’s glyphosate-based herbicides cause non-Hodgkin lymphoma and that the company deceived customers about the risks. Bayer proceeded with the acquisition even after the International Agency for Research on Cancer in 2015 classified glyphosate as a probable human carcinogen with a positive association to non-Hodgkin lymphoma, and despite knowledge of the spreading legal claims.

Bayer then completed the Monsanto purchase just two months before the first Roundup cancer trial ended with a $289 million verdict against the company. Since that time two more trials have ended in similar findings against the company with verdicts totaling more than $2 billion, though the trial judges in each case have lowered the verdicts. All are now on appeal.

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Bayer has said there are more than 45,000 plaintiffs currently making similar claims. The company has been working to settle the lawsuits for a figure widely reported to be around $10 billion but has thus far not been successful in putting an end to the litigation.

The lawsuit claims that during 2017 and 2018, as the filing of new Roundup cancer lawsuits was escalating, the ability of Bayer management to conduct due diligence into Monsanto and the litigation risks was “severely restricted.” As a result, “Bayer could not conduct the kind of intrusive and thorough due diligence into Monsanto’s business and legal affairs called for under the circumstances.”

The suit claims that Monsanto did not disclose a material risk from Roundup and failed to quantify any potential financial impact. Monsanto’s executives “had every incentive to minimize the Roundup risk in order to get Bayer to close the deal,” the lawsuit states.

The shareholder lawsuit claims that “these types of mass-tort cases… can destroy a company.”

The lawsuit points to the fact that Monsanto’s glyphosate herbicides are now being restricted and/or banned in many parts of the world, including in Germany.

“The Monsanto Acquisition is a disaster. Roundup is doomed as a commercial product,” the lawsuit states.

Kenya

Local Kenyan media have incessantly reported that the same cancer-causing weed-killer is retailing in Kenya without any effort from the government to ban it. The Kenya Bureau of Standards (Kebs) appears to disobey court orders against the use of the chemicals.

In Kenya, agronomists and coffee marketing agents have raised the red flag over the use of harmful weed killers that are used on coffee, tea and sugarcane farms.

Bayer/Monsanto denies that the weed-killer causes cancer, but the truth is out there.

he Consumers Federation of Kenya (Cofek) said a mix of laxity and corruption within government agencies will continue exposing Kenyans to cancer and other risks.

“Most of these products that are said to be cancerous or have other negative impacts on consumers do actually meet the stands set by Kebs,” said Secretary General Stephen Mutoro.

(first part of article via Sustainable Pulse)


Kenyan Business Feed is the top Kenyan Business Blog. We share news from Kenya and across the region. To contact us with any alert, please email us to [email protected]

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