Last week Professor William Jacobosn, of Cornell Law School, uncovered that in 2002 Elizabeth Warren gave a sworn statement listing some of her law clients. When she released her list of clients prior to Monday’s debate, Warren left off two of the clients Jacobson uncovered, Dow Chemical, and Owens Corning.
Dow and Owens Corning are involved in a joint venture called Dow-Corning which made breast implants. In 1997 Dow-Corning offered to settle with breast implant patients, who claimed that the silicone implants caused amongst other things Breast Cancer.
The Dow Corning Corporation yesterday offered a settlement worth an estimated $2.4bn (pounds 1.5bn) to women who claim they have suffered adverse effects from the company’s silicone breast implants. The company said it would acknowledge that the implants can cause medical complications, but not disease.
Around 200,000 women worldwide say they were injured or made ill by the implants. They could receive between $1,000 and $200,000, depending on the seriousness of their condition and medical costs.
The legal problems stemming from the claims of breast cancer caused Dow Corning to go into bankruptcy which it finally came out of in 2004.
Elizabeth Warren confirmed yesterday to the Boston Globe that her work for Dow Chemical involved the Breast Cancer crisis induced bankruptcy.
A 2002 affidavit, first posted on the conservative blog Legal Insurrection, shows examples of some of those consulting clients not mentioned in Monday night’s release. That affidavit shows that among them were Dow Chemical “in the early days of the Dow Corning bankruptcy,” according to Warren’s 2002 affidavit, filed as part of another case. The campaign confirmed that Warren, an expert in bankruptcy trusts, consulted for the company, but did not provide details, citing attorney client privilege. In that period, the company set up a trust to pay plaintiffs who claimed in lawsuits that silicone breast implants had led to health problems.
Why was Elizabeth Warren trying to hide her work for Dow Corning? What was the nature of that work?
Update: Professor Jacobson at Legal Insurrection writes on the subject here.
The Dow Chemical representation is yet another case in which Warren sided with big companies, along with Travelers and LTV Coal. Although the Globe did not include a link, Warren’s failure to disclose the Dow Chemical representation was exposed in my post, Elizabeth Warren issues incomplete list of cases based on Warren’s 2002 Affidavit in a bankruptcy case where she was hired to provide “professional legal services” (that case also was not dislosed by Warren).
Since Dow Corning filed for bankruptcy in 1995 when Warren already was Cambridge, and this would be yet another legal representation Warren undertook from Massachusetts without being licensed in Massachusetts.
The Dow Corning bankruptcy was to protect against claims from women suffering the health effects of silicone breast implants manufactured by Dow Corning, Dow Corning In Bankruptcy Over Lawsuits