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SANTA CLARA, Calif.--(BUSINESS WIRE)--Dec 23, 2024-- Last Wednesday, attorneys from Susman Godfrey LLP and Benesch Friedlander Coplan & Aronoff, LLP filed an antitrust lawsuit on behalf of CDS Litigation, LLC, against Align Technology, Inc. (“Align”), the American Dental Association (“ADA”), and the American Association of Orthodontists (“AAO”). The lawsuit, filed in the Superior Court of California, alleges that the Defendants engaged in a multi-year coordinated and illegal conspiracy to eliminate their most serious market competitor to protect their industry dominance at the expense of consumers’ ability to access effective, affordable, and proven orthodontic care. This lawsuit arises from evidence described in the complaint that the Defendants colluded to drive SmileDirectClub, a leading provider of affordable and effective telehealth-based orthodontic solutions, out of business. Align initially invested tens of millions of dollars in SmileDirectClub and supported its business model as an investor, board member, lender, and manufacturer. All that changed, however, after SmileDirectClub rejected Align’s proposed buyout bid and an arbitrator later forced Align out of the company entirely for improperly using its access to confidential and proprietary SmileDirectClub information to try to copy SmileDirectClub’s business. The complaint explains how Align, no longer able to profit off of SmileDirectClub’s growth, turned to colluding with the ADA and AAO on a years-long campaign to destroy SmileDirectClub. Despite SmileDirectClub’s high customer satisfaction ratings and proven track record of offering effective care, the Defendants’ coordinated actions described in the complaint ultimately required the company to cease operations, resulting in fewer choices and higher costs for consumers. SmileDirectClub’s innovative model disrupted the orthodontic industry and threatened the financial interests of the Defendants by offering affordable, effective, and accessible clear aligner treatment, with clinical supervision and approval by state-licensed dentists and orthodontists on a fully remote basis, thereby doing away with the need for in-office visits and eliminating key barriers of cost and geography for millions of consumers. As detailed in the complaint, Align was initially attracted to this new model, investing $59.5 million for a 19% ownership stake in SmileDirectClub and becoming the company’s exclusive third-party supplier of clear aligners. This partnership granted Align extensive access to SmileDirectClub’s confidential business information, as well as a seat on its board of directors. But as the lawsuit explains, after SmileDirectClub rejected Align’s $1.5 billion buyout offer, Align instead used the confidential information it had learned from SmileDirectClub and opened a series of copycat “Scan Shops” modeled directly on SmileDirectClub’s innovative SmileShops. SmileDirectClub brought an arbitration against Align because of Align’s violation of the restrictive covenants it had previously agreed to, and the arbitrator ruled in SmileDirectClub’s favor in early 2019. The ruling ordered Align to divest its stake in SmileDirectClub at a steep discount, costing Align hundreds of millions of dollars. The arbitrator also enjoined Align from opening competing stores until August 2022. At this point, the complaint alleges that Align pivoted and launched its new strategy to eliminate SmileDirectClub as a competitor and secure a monopoly in the clear aligner market. The complaint details allegations as to how Align worked in concert with the ADA and AAO to spread false and misleading claims about SmileDirectClub’s safety and efficacy to damage its reputation with consumers and industry professionals, filed baseless complaints with the Food and Drug Administration (FDA) and Federal Trade Commission (FTC), and leveraged exclusive agreements with dental support organizations - while also interfering with other third-party relationships - to block SmileDirectClub from accessing vital market opportunities. According to the lawsuit, these actions represented a calculated and coordinated effort by the Defendants to stifle competition and innovation in orthodontic care as part of their conspiracy to monopolize the industry and prevent consumers from accessing additional proven treatment options at more affordable prices. The lawsuit also shows how these actions directly contradicted the positions two of the conspirators—Align and the ADA—had taken up until the point when Align’s efforts to buy or copy SmileDirectClub failed. As the lawsuit explains, prior to embarking on the conspiracy, Align’s own CEO had forcefully debunked the exact same false assertions about SmileDirectClub’s services that Align and its coconspirators would repeatedly promote once Align shifted from trying to copy or buy SmileDirectClub to trying to destroy it. Similarly, as the lawsuit shows, the ADA expressly supported and endorsed “asynchronous” teledentistry (i.e., dentists treating patients without having to meet with them live) for years, only to reverse course right when it began conspiring with Align to falsely denigrate SmileDirectClub’s business model. The alleged actions of Align, the ADA, and the AAO significantly reduced competition, requiring consumers to pay higher prices for orthodontic treatment while limiting their access to proven and less expensive alternative solutions. Before its bankruptcy, SmileDirectClub provided millions of consumers with an affordable and effective telehealth solution for clear aligner treatment, receiving high customer satisfaction ratings and helping those who used the company’s products achieve successful outcomes. Despite its effectiveness and proven product quality, the filing explains that SmileDirectClub was forced into bankruptcy and ceased operations in 2023 as a result of the Defendants’ systematic anticompetitive actions. The Plaintiff in this case, CDS Litigation, LLC, has the right to pursue litigation claims held by SmileDirectClub against the Defendants. The filing describes the pivotal roles the ADA and the AAO played in the conspiracy to destroy SmileDirectClub, leveraging their positions as influential trade associations and active market participants to shield giant sponsors - like Align - and block disruption in the industry. The complaint alleges that the ADA and AAO participated in this monopolistic conspiracy by using their position as both market participants and powerful trade associations to preserve the profits and dominance of entrenched industry leaders and ensure that disruptive innovations – like SmileDirectClub’s affordable and accessible care model – could not succeed. The lawsuit is being led by the team at Susman Godfrey that secured a $787.5 million settlement on behalf of Dominion Voting Systems in its defamation case against Fox News. “The filing alleges that Align Technology abused its market dominance to systematically crush competition and protect its monopoly at the expense of consumers,” . “According to the complaint, after Align was forced to give up its ownership interest in SmileDirectClub, it suddenly changed its tune as to SmileDirectClub’s model and conspired with the ADA and AAO to spread falsehoods, disrupt SmileDirectClub’s business relationships, and block its access to essential equipment and partnerships. Align’s conduct alleged in the complaint was anticompetitive, calculated, and illegal. The allegations in the complaint show how the entrenched and powerful incumbents in Big Dentistry manipulated the system to collude against a revolutionary and otherwise successful competitor, restrict affordable and effective options for consumers, and inflict lasting reputational damage through their dissemination of demonstrably false claims.” “As explained in the complaint, the Defendants didn’t just target their main competitor - they targeted the millions of consumers who stood to benefit from the affordable and accessible orthodontic care the competitor offered. The effectiveness of SmileDirectClub’s model and products threatened the Defendants’ market and financial interests, who, according to the filing, conspired to destroy the company rather than compete with them fairly,” . “This complaint presents a textbook example of how dominant players collude to maintain market power, stifle competition, and harm consumers.” Susman Godfrey LLP is a leading national trial firm with an unmatched track record in high-stakes litigation. The firm has earned recognition as a fearless advocate for fairness, representing clients seeking justice against entrenched industry leaders. Benesch, Friedlander, Coplan & Aronoff joins Susman Godfrey as co-counsel and is being led by a team that has extensive experience representing SmileDirectClub. “Having previously litigated and won against Align, we are all too familiar with the sort of abusive anticompetitive acts alleged in the Complaint against Align and other dominant players in the traditional dental market. SmileDirectClub pioneered the use of teledentistry to advance oral care with over 2 million satisfied customers, and the Complaint details the astonishing tactics the Defendants devised to run SmileDirectClub out of business,” Benesch’s award-winning Litigation Practice Group has secured multibillion-dollar wins for plaintiffs and defendants in precedent-setting cases. An Am Law 200 firm, Benesch is nationally recognized by Chambers USA, Benchmark Litigation, and Best Law Firms “Best Lawyers” for earning a place of distinction representing mid-size to Fortune 100 companies in high-stakes litigation and jury trials across the country. Founded in 1938, Benesch has grown to more than 400 attorneys across six U.S. offices. Over the last five years, Benesch’s Litigation Practice Group has expanded by 40% to more than 170 attorneys, making it among the fastest-growing practices in the country. View source version on : Jeremy Adler,jeremy@uplandworkshop.com KEYWORD: CALIFORNIA UNITED STATES NORTH AMERICA INDUSTRY KEYWORD: LEGAL PROFESSIONAL SERVICES HEALTH DENTAL SOURCE: Susman Godfrey LLP Copyright Business Wire 2024. PUB: 12/23/2024 02:30 PM/DISC: 12/23/2024 02:30 PM
BLUEFIELD – Bids are being sought for the next step in converting former hospital space into classrooms and other facilities that will be used for training new generations of medical professionals. Bluefield State University announced that the institution is accepting bids for ceiling demotion and other services needed to prepare for Phase 2 of its medical education center’s building renovations, according to a legal advertisement in the Dec. 24 edition of the Bluefield Daily Telegraph. The university’s Medical Education Center is located at the former Bluefield Regional Medical Center. About three years ago, Bluefield State University purchased the former hospital with plans for creating a dormitory space so the university would have its first dorms in more than 50 years, President Darrin Martin said. The cafeteria has been renovated and work started earlier this year on the second floor to create new classrooms for the university’s health programs such as nursing and radiology. The project’s first phase was for the university’s nursing program. U.S. Senator Shelley Moore-Capito, R-W.Va., toured the nursing classrooms last October. Capito also toured parts of the building which will make up the medical education center’s Phase II. Plans call for starting construction in early 2025 and completing it by late summer that same year. The university offers programs in health care administration, education, imaging science, radiologic technology, nuclear medicine and nursing. Capito said this facility will allow expansion over time to add radiologic technology and other health care programs, including dental hygiene, mammography, respiratory therapy and surgical technology. Capito, who is a ranking member of the Senate Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies, helped secure a $7.4 million grant last September for the renovations from the U.S. Department of Health and Human Services. There is a need across the nation for more nurses, Capito said during her tour in October. Some hospitals fill staffing gaps by hiring traveling nurses and medical technicians, but this can be an expensive option. Although the former Bluefield Regional Medical Center closed several years ago, WVU-Medicine Princeton Community Hospital still operates an emergency room there. Contact Greg Jordan at gjordan@bdtonline.com
ANN ARBOR, Mich. — Michigan's defense of the national championship has fallen woefully short. The Wolverines started the season ranked No. 9 in the AP Top 25, making them the third college football team since 1991 to be ranked worse than seventh in the preseason poll after winning a national title. Michigan (6-5, 4-4 Big Ten) failed to meet those modest expectations, barely becoming eligible to play in a bowl and putting the program in danger of losing six or seven games for the first time since the Brady Hoke era ended a decade ago. The Wolverines potentially can ease some of the pain with a win against rival and second-ranked Ohio State (10-1, 7-1, No. 2 CFP) on Saturday in the Horseshoe, but that would be a stunning upset. Ohio State is a 21 1/2-point favorite, according to the BetMGM Sportsbook, and that marks just the third time this century that there has been a spread of at least 20 1/2 points in what is known as "The Game." Michigan coach Sherrone Moore doesn't sound like someone who is motivating players with an underdog mentality. "I don't think none of that matters in this game," Moore said Monday. "It doesn't matter the records. It doesn't matter anything. The spread, that doesn't matter." How did Michigan end up with a relative mess of a season on the field, coming off its first national title since 1997? Winning it all with a coach and star player contemplating being in the NFL for the 2024 season seemed to have unintended consequences for the current squad. The Wolverines closed the College Football Playoff with a win over Washington on Jan. 8; several days later quarterback J.J. McCarthy announced he was skipping his senior season; and it took more than another week for Jim Harbaugh to bolt to coach the Los Angeles Chargers. In the meantime, most quality quarterbacks wanting to transfer had already enrolled at other schools and Moore was left with lackluster options. Davis Warren beat out Alex Orji to be the team's quarterback for the opener and later lost the job to Orji only to get it back again. No matter who was under center, however, would've likely struggled this year behind an offensive line that sent six players to the NFL. The Wolverines lost one of their top players on defense, safety Rod Moore, to a season-ending injury last spring and another one, preseason All-America cornerback Will Johnson, hasn't played in more than a month because of an injury. The Buckeyes are not planning to show any mercy after losing three straight in the series. "We're going to attack them," Ohio State defensive end Jack Sawyer said. "We know they're going to come in here swinging, too, and they've still got a good team even though the record doesn't indicate it. This game, it never matters what the records are." While a win would not suddenly make the Wolverines' season a success, it could help Moore build some momentum a week after top-rated freshman quarterback Bryce Underwood flipped his commitment from LSU to Michigan. "You come to Michigan to beat Ohio," said defensive back Quinten Johnson, intentionally leaving the word State out when referring to the rival. "That's one of the pillars of the Michigan football program. "It doesn't necessarily change the fact of where we are in the season, but it definitely is one of the defining moments of your career here at Michigan." AP Sports Writer Mitch Stacy in Columbus, Ohio, contributed to this report. Get local news delivered to your inbox!How a personal DNA health guide could extend your life and how science is getting closeAmazon and Starbucks workers are on strike. Why and how Donald Trump may have something to do with this
EXCLUSIVE: 'Squid Game' Broke Netflix Records, Will Viewers Watch Season 2? 70% Of Benzinga Readers Say...Trump appears to side with Musk, tech allies in debate over foreign workers roiling his supporters— Recommendations are independently chosen by our editors. Purchases you make through the links below may earn us and our publishing partners a commission. During the busy holiday season, it's important to make sure you take some time to relax. If your idea of relaxing is binging every episode of your favorite show, we're with you. Since navigating the endless streaming platforms for top shows and movies can be a little overwhelming, we've gathered the best Black Friday 2024 streaming deals on platforms such as Disney+ , Paramount+ , Prime Video and Peacock . 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Happy 2nd birthday, ChatGPT! Here are 5 ways you've already changed the world
OTTAWA, Ontario (AP) — Notre Dame forward Danny Nelson scored twice, Western Michigan’s Hampton Slukynsky made 25 saves and the defending champion United States beat Latvia 5-1 on Saturday in the world junior hockey championship. The United States improved to 2-0 in Group A play, while Latvia dropped to 1-1 a day after stunning Canada with a 3-2 victory in a shootout. Boston College’s Ryan Leonard, Denver’s Zeev Buium and Minnesota Duluth’s Max Plante also scored for the Americans. They will be back in action Sunday at Canadian Tire Centre against Finland, then close group play Tuesday night against Canada. Davids Livsics scored for Latvia. Linards Feldbergs stopped 36 shots after making 55 saves against Canada and stopping all eight attempts in the shootout. In the only other game of the day, Czechia beat Kazakhstan 14-2 at TD Place. Czechia and Sweden are both 2-0 in Group B. Matej Mastalirsky, Vojtech Hradec and Jakub Stancl had hat tricks, with Hradec and Stancl also each assisting on two goals. AP sports: https://apnews.com/sports