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On Monday the National Legal and Policy Center filed its brief in federal court in Omaha, Nebraska opposing Warren Buffett‘s and Berkshire Hathaway‘s motion to dismiss NLPC’s lawsuit filed in May to hold them accountable for having NLPC’s Chairman, Peter Flaherty, arrested at Berkshire’s 2023 Annual Meeting. Mr. Flaherty’s presentation, as part of the meeting agenda, supported NLPC’s shareholder proposal to have the positions of Chairman and CEO be held by separate individuals, as a matter of good corporate governance.
As part of his presentation, Mr. Flaherty criticized Mr. Buffett’s billions of dollars of support to the Bill and Melinda Gates Foundation, which promotes the controversial Critical Race Theory teaching that “math is inherently racist,” and a Gender Identity Toolbox, “which asserts that gender is a result of socially and culturally constructed ideas.” Mr. Flaherty also pointed out Bill Gates‘s relationship with convicted sex offender Jeffrey Epstein, which had been reported in a Wall Street Journal story two days before the meeting. As he spoke, Buffett cut Flaherty’s microphone and ordered his security guards to eject Mr. Flaherty from the arena, who had an Omaha Police officer arrest Flaherty on the spot.
“The silencing and arrest of a shareholder who was speaking in favor of a shareholder proposal has never before occurred at an annual meeting of a public company in the United States,” Flaherty said.
“We look forward to having our day in court to hold Mr. Buffett and Berkshire Hathaway accountable for their actions,” said NLPC Counsel Paul Kamenar.
It is expected that the federal court will rule in the coming weeks on Berkshire’s motion to dismiss.
Click here for NLPC’s Brief.
Click here for Exhibit #1 (charge dismissal document).
Click here for Exhibit #2 (meeting transcript)
Click here for Exhibit #3 (Flaherty Declaration)
Click here for NLPC’s original Complaint (May 3, 2024)
Founded in 1991, the National Legal and Policy Center promotes ethics in public life through research, investigation, education and legal action.
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National Legal and Policy Center
Dan Rene
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