Lawyering-up

Pensioner Jan van Deursen engage Hoecker Lawyers to sue me in court

Jan van Deursen engaged a notorious German law firm against me. The former Mayo Clinic professor denies accusations of bullying and discrimination and obviously seeks to prevent his lab members from talking to the press. Hoecker Lawyers claim van Deursen resigned as pensioner on 24 July 2020, voluntarily.

Former Mayo Clinic professor Jan van Deursen is not happy about my reporting, in particular my quoting of their former colleagues. So he engaged German lawyers to issue two cease-and-desist letters, attached to them a hefty bill for €3000 legal costs, with implied demand for damage compensation, and of course with a threat to go to court.

The self-proclaimed pensioner van Deursen disagrees with former lab members who raise accusations of bullying, misogyny and racist behaviour. And what better way to prove to the world that you are never a bully or a racist than to engage the German law firm Hoecker, which specialises on threatening journalists and whose most prominent client is the infamous German far-right party Alternative für Deutschland (AfD). Hoecker lawyers even warned a member of German Bundestag not to call the AfD a “political arm of the right-wing terrorism”. The lawfirm’s owner Ralf Hoecker (who likes to say: “It’s OK to threaten journalists!”) recently resigned from political activities citing some obscure threats. Threats, for which the German police and state prosecutor found no evidence whatsoever. The threats which Hoecker however distributes against journalists, are very real, and for me it is already the third time. Third and fourth actually, because Hoecker Lawyers now threaten libel lawsuits.

Important point: van Deursen openly admits in the Hoecker letter not to work at the Mayo Clinic anymore. The high-ranking cancer and ageing researcher and businessman claims to have resigned as pensioner (German verbatim: “Pensionierung”, “in den Ruhestand”) on 24 July 2020, voluntarily. van Deursen offers no proof of that, certainly no documents from the Mayo Clinic. But with this statement, van Deursen admits to have left science and employment completely. Which kind of fits, even the pensioner’s own company Unity Biotechnology told a Rochester journalist that they do not employ their founder.

Update 27.07.2020: As I was informed, the pensioner van Deursen was born in April 1963, for which the legal retirement age in Minnesota is 67. This means the Mayo professor resigned into what he calls “retirement” ten years too early, aged merely 57. Which also means the senolytics drugs must work backwards! And did van Deursen show this Mayo Clinic memo from February 2020 to Hoecker lawyers?

The author of both cease-and-desist letters is the Hoecker lawyer Lucas Brost, who routinely puts “It’s OK to threaten journalists!” into practice. In October 2015, Brost warned me in a letter never to write anything negative about Hoecker client, the former cancer researcher Tina Wenz. A year ago, Brost issued an Order to Delete an article about the neuroscience professor Katrin Amunts, who is also scientific director of the Human Brain Project.

Will this be the time Hoecker Lawyers finally get to sentence me in court? Well, the rules have slightly changed in Germany since I was last sentenced in Paolo Macchiarini case: courts are not allowed anymore to issue injunctions behind journalists’ backs, after a decision of the Federal Constitutional Court in late 2018. With the new decision, a journalist must be heard first, in a hearing or at least via a written submission. This is why I replied immediately, with two long statements rejecting Hoecker Law baseless demands and claims. My statements (in German) can be shared with you upon request.

One important point is: van Deursen is US citizens and residents. He has exactly zero connection to Germany and should not be able to claim any interest or damage here. They certainly should never succeed in court and prevent their colleagues from talking to talk to press about his behaviour or his research.

All these quotes which Hoecker Lawyers declare as libellous were provided by sources whose identity is known to me and has been verified. One source has now even published her own guest post on my site, signed: Robin Ricke. She also spoke to Post Bulletin, who also independently verified other sources among van Deursen’s past and present lab members. The newspaper also received a statement from the Mayo Clinic, which contains this telling part:

“Mayo Clinic is committed to providing a safe work and learning environment that is free of harassment, bullying, discrimination, and disrespectful behavior…. Mayo Clinic’s commitment to safety also includes meeting applicable reporting obligations with governmental and regulatory agencies, including the National Institutes of Health.”

Which basically means, Mayo Clinic has notified NIH about van Deursen’s departure for creating a toxic work environment. Grant money will likely be cancelled or even paid back. Not many academic pensioners resign with at least a dozen of running NIH grants, some awarded just in 2020.

So much for van Deursen’s and Hoecker Lawyers claim that the resignation was utterly voluntarily and that the anonymous sources reporting bullying and discrimination are all slanderous.

It is bizarre that van Deursen cries slander and protests to never never have tried to coerce pregnant women not to take their full maternity leave of 12 weeks, to which they are legally entitled. Not only am I in touch with the exactly same female lab member whose pregnancy provoked van Deursen into bullying and apparently set off the Mayo investigation, Robin Ricke narrates on my site how she herself was in a very similar situation only a couple of years before!

van Deursen’s other point is: opinions by former lab members I quoted are slanderous because that colleagues complain about their research being not reproducible. I pointed them as well as Hoecker Lawyers towards a 2017 white paper by the German Research Council (DFG), which clearly and repeatedly states that non-reproducibility of science is neither something bad nor accusatory, and certainly not an evidence of any bad scientific practice. For all we know, van Deursen’s abysmal lab leadership style, bullying and favouritism simply prevented transfer of lab skills to other lab members (which Ricke also experienced). Over which van Deursen now want to sue, in a German court!

Otherwise, van Deursen’s accusations of libel are based on his own perception of his own behaviour. So what if his lab members wrongly felt bullied and discriminated in a sexist or racist way. The ex-professor himself saw his approach as perfectly fair, thus everyone complaining commits slander.

One more point: van Deursen’s departure from the Mayo Clinic was likely regulated by a mutual agreement to keep quiet and not to reveal any details. But the present announcement to have resigned as pensioner on own accord while pretending there were never any bullying charges and investigations, is most likely an actionable breach of this contract.

Update 29.07.2020

Post Bulletin brought a follow-up story today, it cites several sources to describe van Deursen’s excessive bullying, including against the pregnant student which his Hoecker Lawyers claim never happened. The article also mentions:

“When asked about the researcher’s status, Mayo Clinic’s Bob Nellis responded on Sunday with this statement: “We can tell you that Dr. van Deursen no longer is employed at Mayo Clinic. Beyond that we have no further comments.”

Separate sources informed me and the Post Bulletin journalist Jeff Kiger that van Deursen planned to move to University of Texas San Antonio, but then again, it seems he chose not to go there after all.

Please also note this memo from the Mayo Clinic from February 2020:

Update 10.08.2020

Hoecker Lawyers now seek court injunctions against me. When I returned from vacation yesterday, I found my mailbox brimming full with court files. Now I do need a lawyer, because the court does not allow self-representation. There is no verdict or injunction yet, due to a change in German media law from late 2018. The court hearing is set on 1 September.

vna Deursen claims he is still professor at Mayo (“I am a professor”), but in German translation the false claim under oath was turned to past tense (“I was professor”). The court was satisfied.

Update 25/26.08.2020

van Deursen’s professorship at Mayo Clinic ended with his terminated employment, he is by all means NEVER an emeritus, rather the opposite of it, from Mayo’s viewpoint. In his original letter from 17 July, van Deursen saw for some reason the urgency to be presented as Prof Dr, but in the later court submission only as Dr van Deursen. Also his lawyer admits now that his client holds no professor title anymore. I checked the information in van Deursen’s CV which lists two adjunct “honorary professor” degrees in the Netherlands. This is why I contacted both Dutch universities.

Radboud University of Nijmegen declared in an email:

In 2010 Jan van Deursen has been appointed for five years by the faculty of medical sciences (Radboudumc) as Adjunct Professor, in Dutch gasthoogleraar. The task of an Adjunct Professor is to work and teach at the faculty one or two weeks a year. There is no current affiliation. As far as I know Radboud University is not familiar with the term ‘Honorary Professor’, though we do grant honorary doctorates.

The University of Groningen (RUG) explained:

Prof. Van Deursen had a term of 5 years twice, so after 10 years his hon. professorship ended (1/1/2020) and he is no longer affiliated to the RUG.

The spokesperson also confirmed “that the adjunct professorships are limited to two terms“.

In any case, in the public presentation of his own company Unity Biotechnology van Deursen remains Mayo Clinic professor, as well as “Honorary Professor” in Groningen (here backup).

Meanwhile van Deursen’s personal profile page and his online CV at Mayo were deleted (they were still there on 22 July 2020). This never happens when someone retires as pensioner.

Update 29.08.2020

On the Unity Biotechnology website, “Professor of Biochemistry and Molecular Biology at The Mayo Clinic; Professor of Pediatrics at The Mayo Clinic“, the large-lettered headline under van Deursen’s name, has been deleted in the last 24 hours (backup here). His Mayo Clinic employments are now in the past tense, but this still needs correction: “He is an Honorary Professor at the University of Groningen, the Netherlands“.

Update 10.09.2020

This article has been modified for legal reasons, further modifications might occur.

Update 21.09.2020

Today my lawyer shared with me the court verdict delivered on 15 September 2020. The court decided to rule on foreign language without certified translation, because it assumed Hoecker translations were actually quotes of my (non-existing) German original. I was explicitly berated for writing in English. The article was edited accordingly, and since I lost 2/3 in the van Deursen case, your donations will be most welcome. Please also read this new story about van Deursen’s business activities.

I requested internet archive services to urgently remove any possible backups of this website and reject herewith all responsibility for all 3rd party internet content.


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18 comments on “Pensioner Jan van Deursen engage Hoecker Lawyers to sue me in court

  1. Pingback: Jan van Deursen left Mayo Clinic, accused of bullying – For Better Science

  2. Ana Pedro

    Leonid,

    Could luck once more with this. It they are covering some wrongdoing for sure now they will be caught.

    Like

  3. You may state in your post that it is your personal opinion. And you are safe.

    Like

  4. What concerns me is the possible lack of intellectual honesty in the litigants.

    I know my flaws and I know how the academic system works, and it continues to evolve into this circles-of-influence yet politically correct dystopia: meaning, its who you know that is important (to get papers published and to get grants), yet you must make the appropriate nods to political correctness as commanded by popular culture, which now includes diversity, inclusion, and doing nothing that seems abusive. You pretty much have to evolve with the system to survive and if you cant, you have to get out for good. For example, Irina Stancheva being caught for fraud, and re-inventing herself as an artisan potter.

    Once I lose my job I will be out for good, and I will have to do the same. In my case, with my chemistry I think Ill think of a cheaper way to make toilet paper, and become a zillionare. Or a more shredable form of a butt-wipe.

    Like

  5. Also, I can’t help but wonder if this has come about from pressure from the leadership from JvD’s company, Unity Biotech. Its not good when its strongly suggested buy people that worked in JvD’s lab that some of the original ideas emanating from this lab about life extension may not be reproducible, which might scare off wealthy investors who want to extend their lives and big Pharma buyers. GSK bought Sirtis and most agree (except David Sinclair) that was a big waste of money for GSK because the Sirtis data never really panned out. Its now known that this can happen, so even-bigger-Daddy-pharma-buyer beware!

    Like

  6. Pingback: O's digest all'incontrario - Ocasapiens - Blog - Repubblica.it

  7. Jakub Tomek

    Fingers crossed that the courts throw this where it belongs – to the bin.

    What I find particularly atrocious is that you can be held responsible for giving voice to someone else. If it was your claims, then ok, there can be debate about nitty-gritty of what was done – but when it’s 3rd party saying something and you just repeat that as a journalist… what the hell?

    Should all the journalists reporting on Trump suggesting to drink dissinfectant go to prison or what?

    Liked by 1 person

  8. E Helena Kross

    I wonder if you would be so much better off in the USA. Granted, our current President sucks, but the laws here may protect you better than those in Germany. I live near Madison, Wi. and I would treasure your presence here. Your work is so important!

    Like

  9. Renegade Genehunter

    Hi,
    VD doesn’t stand a chance here — this is just a SLAPP maneuver to silence this blog. VD was always deliberately pissing people off basically just for fun. He once asked me how I knew my kids were mine– just think about how insulting that is. Even though I worked very hard for him all I ever got was shit back. Glad he’s gone.
    As for the research, personally I a m worried that it might have been generated under very stressful conditions and might not be completely reproducible. Ok I am being polite here. The whole damn thing needs an full audit. The other thing is that this reproducibility' thing is a huge issue in cancer and aging-- basically half the work is wrong-- that equals billions of dollar per year and its due to labs like this that have tyrannical bosses that spend most of their time in the office and bully their staff to get results that fit theirstupid’ story. Science isn’t like that– you make observations that then guide your work and for that you have be on the bench with your workers and you have to treat them with dignity, helpfulness and respect!! I would have fired his arse years ago.
    I hope Jeff Bezos did his homework on this guy– he might have just lost a day or two’s profit.

    Like

    • Note to Hoecker lawyers: the identity of this commenter, like that of other cited sources, has been verified by me.
      And no, it will not be revealed in court because German law grants journalists same privilege as doctors and priests.

      Like

    • Yup, you nailed it—when the boss demands that data fits his hypothesis (some stupid, some not). Especially when he/she needs that for a grant deadline (that has happened to me quite a bit the past few years). If your data goes against the hypothesis a few days before deadline, watch the boss go a little wacko, at best.

      Whats so funny to me is that even though the faculty goes wacko they are not the one’s who lose their jobs, because they are tenured, although they may lose some salary. Its the poor guy generating the data that loses when the grant money runs out.

      Unless you really go really berzerk, like JvD may have done…

      Like

  10. Thank you for you work towards better science

    Like

  11. Lawyering up the way he did is a confession.

    I hope you received good legal advice, they will do this but there are limits to what can actually get done.

    Like

    • Roger Drake

      Nonsense. Lawyering up is a way to protect yourself from slander and mis-truths. Only a fool would not involve a lawyer

      Like

      • In academia….it’s a confession.

        In “the real world” – it is trickier.

        the law firm in question is less than reputable.

        Like

  12. Pingback: Jan van Deursen’s senolytics: from bench to failed clinical trial – For Better Science

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