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Elon Musk Seems to Answer to No One. Except for a Judge in Delaware.

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Judge Kathaleen St. J. McCormick has become a very important person in the rambunctious life of Elon Musk.

The Delaware Chancery Court judge has given Mr. Musk until Friday to close his long-promised, $44 billion deal to acquire Twitter. If he doesn’t, Judge McCormick will preside over a trial in November that could end with Mr. Musk being forced to make good on the deal he made with Twitter in April.

The 43-year-old judge is also expected to preside over another case involving Mr. Musk in November. A Tesla shareholder accused him in a lawsuit of unjustly enriching himself with his compensation package while running the electric vehicle company, which is Mr. Musk’s main source of wealth. The package, which consisted entirely of a stock grant, is now worth around $50 billion based on Tesla’s share price.

Judge McCormick is also overseeing three other shareholder lawsuits against Mr. Musk, though it is not yet clear whether those will go to trial, too.

before it represented Mr. Musk. But, he said, “the deal will either close and then she will be a hero. Or not and Musk will look really bad.”

As a young girl, Judge McCormick played first base on the softball team and managed the high school football team. She has a long-held soft spot for the book “To Kill a Mockingbird,” about a Black man in small-town Alabama who was wrongfully accused of sexual assault.

unsolicited bid worth more than $40 billion for the social network, saying he wanted to make Twitter a private company and allow people to speak more freely on the service.

She then worked as a staff attorney with the Community Legal Aid Society, where she represented the needy and victims of domestic violence. She moved to a corporate law role at the firm Young Conaway Stargatt and Taylor in 2007, a mainstay in the Delaware legal circuit.

In 2018, she was nominated by John Carney, the governor of Delaware, to serve as vice chancellor on the state’s high court, the Delaware Chancery Court. In 2021, Gov. Carney nominated Ms. McCormick to become the first woman to lead the court.

More than 1.8 million businesses are incorporated in Delaware, including more than two thirds of Fortune 500 companies — and they all look to the court for guidance. When Twitter filed its lawsuit against Mr. Musk in July forcing him to close his acquisition, its case went to Delaware, where the company, like many others, is incorporated.

Judge McCormick, who has first dibs on any proceeding that comes before the court, chose herself of among a court of seven judges to oversee one of the most high profile corporate court battles in years.

At a hearing in September, as lawyers for Mr. Musk argued to delay the trial to take into account new claims from a whistle-blower, she poked at the billionaire’s decision to skip due diligence in his race to sign the deal in April. When Mr. Musk’s lawyer argued it would have been impossible to find out about the whistle-blower before the deal, she interjected, “We’ll never know, will we?” She added that “there was no due diligence.”

wrote in a ruling.

“She evidently was not putting up with any nonsense,” said Lawrence Hamermesh, a professor of law at Delaware Law School.

In October, after weeks of presiding over bruising back and forth arguments between the two sides, Judge McCormick granted Mr. Musk’s requests to put the trial on hold to give him more time to complete his financing for the acquisition. Judge McCormick granted him until Oct. 28 — a three-week delay.

“She had one eye on the clock,” said Brian Quinn, a professor at Boston College Law School, noting the two sides did not seem ready for a trial just two weeks away. “Another eye,” Mr. Quinn said, was “on potential appeals. She is looking forward saying, ‘Well, what if I ruled against Musk, and he appealed, and his appeal is that I pushed him — I rushed him toward the trial when he wanted to close the deal.’”

Judge McCormick is well-versed in trials involving deals with buyers that tried to walk away. As an associate at the law firm Young Conaway Stargatt and Taylor, she worked on cases involving deals that went awry when the stock market crashed in 2008. That included representing the chemical company Huntsman in 2008 when the private equity firm Apollo Global Management scuttled the deal it had struck to combine the chemical company with another it owned.

That deal, and others like it, paved the way for the kinds of contracts Twitter signed with Mr. Musk. Sellers learned how to prevent buyers from trying similar escape hatches. Companies increasingly structure deals with “specific performance” clauses allowing them to force a deal to close.

to follow through with its acquisition of a cake supplier after it argued that the pandemic had materially damaged the business by curbing demand for party cake.

Kohlberg contended it could not complete the deal because its debt financing had fallen apart. Judge McCormick did not buy that argument.

If Mr. Musk does not come through with Twitter’s money by Friday, that could ding his credibility in court, legal experts say. That could matter in November, when Judge McCormick is set to preside over a separate trial involving Mr. Musk and his compensation.

The case, filed in 2018, had originally been assigned to another judge on the Delaware Chancery Court, Joseph R. Slights III, before he retired in January. Judge McCormick picked up the case on Jan. 12, the same month Mr. Musk began to buy up shares of Twitter stock that ultimately led to his planned purchase of the company.

“It’s not ideal for him,” said Ann Lipton, a professor of corporate governance at Tulane Law School, of Mr. Musk’s multiple run-ins with Judge McCormick. “She’s uniquely low drama, which is the opposite of Musk. ”

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AP s: Cleveland Browns QB Deshaun Watson Suspended For 6 Games

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Watson recently settled 23 of 24 lawsuits filed by women alleging sexual harassment and assault during massage therapy appointments in 2020 and 2021.

Cleveland Browns quarterback Deshaun Watson was suspended without pay for six games Monday for violating the NFL’s personal conduct policy following accusations of sexual misconduct made against him by two dozen women in Texas, two people familiar with the decision said.

The people spoke on condition of anonymity because the decision had not been publicly released. Watson, who played for four seasons with Houston before being traded to Cleveland in March, recently settled 23 of 24 lawsuits filed by women alleging sexual harassment and assault during massage therapy appointments in 2020 and 2021.

The NFL has three days to appeal the decision by disciplinary officer Sue L. Robinson. The NFL Players’ Association already stated it would abide by her ruling. If either side appeals, NFL Commissioner Roger Goodell or someone he designates will make the decision, per terms of the collective bargaining agreement. The union then could try to challenge that ruling in federal court.

The league had pushed for an indefinite suspension of at least one year and at least a $5 million fine for the 26-year-old Watson during a three-day hearing before Robinson in June.

Watson can continue to practice and play in exhibition games before his suspension begins the first week of the regular season. He would be eligible to return on Oct. 23 when the Browns play at Baltimore.

Watson, who signed a fully guaranteed $230 million, five-year contract, will lose only $345,000 if the suspension is unchanged because his base salary this season is $1.035 million. His $45 million signing bonus is not affected by the suspension.

After learning the ruling was imminent, the NFLPA issued a joint statement with Watson on Sunday night, saying they will not appeal Robinson’s ruling and urged the league to follow suit.

“Every player, owner, business partner and stakeholder deserves to know that our process is legitimate and will not be tarnished based on the whims of the League office,” the union said in a statement.

As he awaited the ruling, Watson has been in training camp with the Browns. He has continued to take most of the reps with the first-team offense, which will be turned over to backup Jacoby Brissett while he’s sidelined.

While the NFL pushed for a severe penalty, the union had argued Watson shouldn’t be punished at all because he was not convicted of any crime.

Two grand juries in Texas declined to indict Watson on criminal complaints brought by 10 of the women.

This was the first case for Robinson, a former U.S. district judge who was jointly appointed by the NFL and the union to handle player misconduct — a role previously held by Goodell.

A three-time Pro Bowl pick with the Texans, Watson has seen his playing career stalled by the allegations that he acted inappropriately with the women during massage therapy sessions he scheduled via social media. He sat out the 2021 season.

In their lawsuits, the women accused Watson of exposing himself, touching them with his penis or kissing them against their will. One woman alleged Watson forced her to perform oral sex.

Watson has denied all wrongdoing, insisting any sexual activity with three of the women was consensual. He publicly insisted his goal was to clear his name before agreeing to confidential financial settlements with 20 of the women on June 21.

“This case started because one woman had the fortitude to step forward and make her voice heard,” said attorney Tony Buzbee, who represents the women in the civil lawsuit. “Her courage inspired many others with the same experience. None of this saga would have occurred without that one brave voice. One person can make a difference.

“I have been asked repeatedly about my thoughts in regard to the NFL’s proceeding with Deshaun Watson. Although some of my clients do have strong feelings in that regard, I have nothing meaningful to say about that process. I’ve said in the beginning that the civil process and the NFL’s disciplinary process are very different. My role was to advance the cause of my clients, in civil court—nothing more. I’ve done that. I am extremely proud of these women and our legal team’s efforts. The settlements are confidential. I won’t comment further on them.”

Watson’s high-profile case has renewed scrutiny of the league’s handling of player misbehavior, along with its support for women, and left the Browns wondering if they’ll ever find a franchise quarterback.

Since the trade, Watson has been on public display, with fans questioning whether the league had the authority to ban him from playing despite no criminal charges.

The league has been sensitive about its image and handing out the appropriate discipline for Watson after being criticized for its handling of previous cases of domestic violence or sexual misconduct against women involving Baltimore running back Ray Rice, Pittsburgh quarterback Ben Roethlisberger and Cleveland running back Kareem Hunt, among others.

For their part, the Browns were widely condemned for signing Watson. The team has been desperate to find a long-term answer at quarterback — they’ve had a league-high 32 starters since 1999 — and many questioned why the team would take on a player with so much baggage.

During his introductory news conference after he was traded to Cleveland, Watson was adamant about his innocence.

“I have never assaulted, disrespected or harassed any woman in my life,” he said at the dais, where he was joined by Browns general manager Andrew Berry and coach Kevin Stefanski. “I was raised differently. That is not my DNA. That is not my culture. That is not me as a person.”

He repeated those comments three months later during the Browns’ minicamp, insisting his only goal was to clear his name. However, a week later he settled 20 of the civil lawsuits. Any remaining lawsuits could still go to trial, but not until 2023 after both sides agreed to wait until after the upcoming season.

On July 15, 30 women settled lawsuits against the Texans after claiming the team ignored and enabled Watson as he harassed and assaulted them during the therapy sessions. Terms of the settlements were kept confidential.

Despite Watson’s legal entanglement, the Browns — along with several other teams — pursued Watson after the first grand jury declined to indict him.

Initially, Watson turned down the Browns. But Cleveland owners Dee and Jimmy Haslam enticed him with the richest fully guaranteed contract in league history, to that point.

Watson had other offers but chose the Browns and waived his no-trade clause to join a team coming off a disappointing 8-9 season. Cleveland completed the deal on March 18 by agreeing to send Houston three first-round draft picks and six selections overall for Watson.

The Haslams said any concerns they had about his character or behavior were alleviated when they flew to Houston along with Berry and Stefanski and spent time talking to Watson.

An All-American at Clemson, Watson was drafted by the Texans with the No. 12 pick in 2017. He started six games as a rookie before passing for 4,165 yards and 26 touchdowns in his second year.

Watson has developed into one of the league’s elite QBs, throwing for 4,823 yards and 33 TDs in 2020 despite playing on a Texans team that went just 4-12.

Additional reporting by The Associated Press.

Related StoryLawsuit Calls NFL's Deshaun Watson As 'Serial Predator'Lawsuit Calls NFL’s Deshaun Watson As ‘Serial Predator’

: newsy.com

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Why Are Border Encounters At An All-Time High?

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CBP estimates show one in four people agents encountered in May were caught crossing the border more than once.

2022 has been a record year along the U.S.-Mexico border. U.S. Customs Border and Protection data shows monthly encounters have nearly doubled month to month from last year.  

In 2021, there were a total of 1.7 million migrants. CBP has already seen more than 1.5 million encounters this fiscal year. 

For over two years, border agents have sent millions of people back from the border under Title 42. 

The health policy allows officials to turn away asylum seekers under the justification that there is “serious danger of the introduction of disease into the United States.” 

Officials say this has led to repeat crossers. 

CBP estimates show one in four people agents encountered in May were caught crossing the border more than once. 

Title 42 is tied up in the courts as the Biden administration seeks to end the order. 

A second Trump administration immigration policy may soon come to an end. 

The Supreme Court in late June sided with the Biden White House in its effort to end the “Remain in Mexico” policy. 

The rule required migrants from a third country to wait in Mexico while their asylum application moves through the courts. 

Politicians, like Republican governor Greg Abbott of Texas, point the blame of the ongoing surge at the Biden administration. 

Most migrants illegally crossing the border have landed in Texas. Agents say the influx has left them overburdened. 

 The Biden administration says it has maintained its message that the border is not open. 

Vice president Kamala Harris, who is tapped to lead the white house’s response to border challenges, says more needs to be done to address the root causes as to why so many migrants are arriving at the border. 

Pew Research Center findings show most migrants are coming from countries other than Mexico, predominantly from the northern triangle countries of El Salvador, Guatemala, and Honduras.  

According to the Council on Foreign Relations, high rates of domestic violence, poverty and gang activity have contributed to more families fleeing north. 

The passage is risky. More than 50 migrants died inside an overheated semi truck in San Antonio.  

And the Missing Migrants Project recorded more than 1,200 migrants who went missing or died along the U.S.-Mexico border in 2021. 

The White House says it is focusing efforts on its new anti-smuggling campaign. 

The president says officials have made over 2,400 arrests in the three months since its creation. 

In Washington, Democrats and Republicans agree action is needed. But there is no agreement on what needs to change. 

Democrats are split on Title 42, with some wanting the policy to stay in place until there is a full plan to deal with increased activity at the border.  Republicans want the policy intact, and construction on president Trump’s border wall to resume to stem the flow of people heading north. 

But as both sides look for answers, the surge in migration shows no signs of ending soon.

: newsy.com

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China’s Surveillance State Encounters Public Resistance

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Chinese artists have staged performances to highlight the ubiquity of surveillance cameras. Privacy activists have filed lawsuits against the collection of facial recognition data. Ordinary citizens and establishment intellectuals alike have pushed back against the abuse of Covid tracking apps by the authorities to curb protests. Internet users have shared tips on how to evade digital monitoring.

As China builds up its vast surveillance and security apparatus, it is running up against growing public unease about the lack of safeguards to prevent the theft or misuse of personal data. The ruling Communist Party is keenly aware of the cost to its credibility of any major security lapses: Last week, it moved systematically to squelch news about what was probably the largest known breach of a Chinese government computer system, involving the personal information of as many as one billion citizens.

The breach dealt a blow to Beijing, exposing the risks of its expansive efforts to vacuum up enormous amounts of digital and biological information on the daily activities and social connections of its people from social media posts, biometric data, phone records and surveillance videos. The government says these efforts are necessary for public safety: to limit the spread of Covid, for instance, or to catch criminals. But its failure to protect the data exposes citizens to problems like fraud and extortion, and threatens to erode people’s willingness to comply with surveillance.

for mishandling data. But the authorities rarely point fingers at the country’s other top collector of personal information: the government itself.

Security researchers say the leaked database, apparently used by the police in Shanghai, had been left online and unsecured for months. It was exposed after an anonymous user posted in an online forum offering to sell the vast trove of data for 10 Bitcoin, or about $200,000. The New York Times confirmed parts of a sample of the database released by the anonymous user, who posted under the name ChinaDan.

In addition to basic information like names, addresses and ID numbers, the sample featured details that appeared to be drawn from external databases, like instructions for couriers on where to drop off deliveries, raising questions about how much information private companies share with the authorities. Of particular concern for many, it also contained intensely personal information, such as police reports that included the names of people accused of rape and domestic violence, as well as private information about political dissidents.

leaked databases used by the police in China that were left online with little to no protection; some contained facial recognition records and ID scans of people in a Muslim ethnic minority region.

Now, there are signs that people are growing wary of the government and public institutions, too, as they see how their own data is being used against them. Last month, a nationwide outcry erupted over the apparent abuse of Covid-19 tracking technology by local authorities.

Protesters fighting to recover their savings from four rural banks in the central Chinese city of Zhengzhou found that the mobile apps used to identify and isolate people who might be spreading Covid had turned from green — meaning safe — to red, a designation that would prevent them from moving freely.

“There is no privacy in China,” said Silvia Si, 30, a protester whose health code had turned red. The authorities in Zhengzhou, under pressure to account for the episode, later punished five officials for changing the codes of more than 1,300 customers.

posted on Weibo that he was refusing to wear an electronic bracelet to track his movements while in isolation, saying the device was an “electronic shackle” and an infringement on his privacy. The post was liked around 60,000 times, and users flooded it with responses. Many said the bracelet reminded them of the treatment of criminals; others called it a ploy to surreptitiously collect personal information. The post was later taken down by censors, the blogger said.

researcher on technology policy at Yale Law School and New America. “People are far more trusting overall in how government entities handle their personal information and far more suspicious about the corporate sector.”

Legal analysts said any disciplinary actions resulting from the Shanghai police database breach were unlikely to be publicized. There are few mechanisms in place to hold Chinese government agencies responsible for their own data leaks. For many citizens, that lack of recourse has contributed to a sense of resignation.

Occasionally, though, they notch small victories, as Xu Peilin did when she took on her neighborhood committee last year. She had returned to her apartment building in Beijing one day to find that the compound wanted residents to submit to a facial recognition scanner to enter.

“It was insane,” said Ms. Xu, 37, a project manager at a start-up company. She said it reminded her of one of her favorite television shows, the British science fiction series “Black Mirror.”

Ms. Xu badgered her neighborhood committee by telephone and text message until it relented. For now, Ms. Xu said, she can still enter her compound using her key card, though she believed it was only a matter of time until the facial recognition devices became mandatory again.

“All I can do for now,” she said, “is continue to resist on a small scale.”

Zixu Wang contributed reporting.

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How to Find ‘Stalkerware’ on Your Devices

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Fighting stalkerware is tough. You may not suspect it’s there. Even if you did, it can be difficult to detect since antivirus software only recently began flagging these apps as malicious.

Here’s a guide to how stalkerware works, what to look out for and what to do about it.

Surveillance software has proliferated on computers for decades, but more recently spyware makers have shifted their focus to mobile devices. Because mobile devices have access to more intimate data, including photos, real-time location, phone conversations and messages, the apps became known as stalkerware.

Various stalkerware apps collect different types of information. Some record phone calls, some log keystrokes, and others track location or upload a person’s photos to a remote server. But they all generally work the same way: An abuser with access to a victim’s device installs the app on the phone and disguises the software as an ordinary piece of software, like a calendar app.

From there, the app lurks in the background, and later, the abuser retrieves the data. Sometimes, the information gets sent to the abuser’s email address or it can be downloaded from a website. In other scenarios, abusers who know their partner’s passcode can simply unlock the device to open the stalkerware and review the recorded data.

So what to do? The Coalition Against Stalkerware, which was founded by Ms. Galperin and other groups, and many security firms offered these tips:

In the end, there’s no true way to defeat stalkerware. Kevin Roundy, NortonLifeLock’s lead researcher, said he had reported more than 800 pieces of stalkerware inside the Android app store. Google removed the apps and updated its policy in October to forbid developers to offer stalkerware.

But more have emerged to take their place.

“There are definitely a lot of very dangerous, alarming possibilities,” Mr. Roundy said. “It’s going to continue to be a concern.”

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Women Are Battling China’s Angry Trolls. The Trolls Are Winning.

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The feminists’ social media accounts had been slowly disappearing in China for days. And when that wasn’t enough for their angry critics, a powerful voice on the internet stepped in to help.

In a discussion on the popular Chinese platform Weibo, one of the critics asked for better guidelines on how to file complaints against women who shared feminist views. The user suggested that the company add “inciting mass confrontation” to the list of violations that could have them removed. A Weibo account long affiliated with the company’s chief executive, Wang Gaofei, joined the conversation to offer tips.

“Here,” the person using the account said on April 14, posting a screenshot with easy instructions for filing complaints against the women. Under “type of complaint,” click “inciting hatred,” the screenshot showed. Under specific reason: “gender discrimination.”

half a dozen state media reports and a podcast. “He accused me of gender discrimination, which is the most laughable thing in the world,” she said.

Ms. Liang, a 28-year-old lawyer in New York, is one of the women whose accounts were removed by Weibo. She is suing the company for violating China’s civil code, saying it did not adequately explain its accusations against her.

The women’s accounts first started disappearing after March 31. Two days earlier, Xiao Meili, a well-known feminist in China, had left a hot pot restaurant in the southwestern city of Chengdu, angry that a man had ignored her repeated requests to stop smoking illegally indoors. The man was so furious that he hurled a cup of hot liquid at Ms. Xiao and her friends.

four other feminists on a charge of “picking quarrels and provoking troubles” ahead of a campaign about sexual harassment on public transportation. The detentions led to an international outcry.

Feminist ideas have slowly entered the mainstream. Many women have been encouraged by the small gains in the country’s nascent #MeToo movement. And feminist thought appeals to Chinese women who feel that the government fails to address issues of gender discrimination, said Lu Pin, a veteran women’s rights activist based in New York whose account was also removed.

There are few outlets for women to vent in China. “That’s why they go online,” Ms. Lu said.

domestic violence, the difficulties of getting a divorce and gender discrimination in the workplace. Gender-related issues are often among the most talked-about subjects on the platform. But in a male-dominated culture, that has led to resentment.

Many of the most active opponents of China’s rising online feminist discourse have hundreds of thousands of followers. Some are celebrated in state media and allied with a broader nationalist movement that sees any form of criticism as an affront to Beijing. Women are easy targets, facing death threats and accusations of being “separatists.”

Douban, an internet forum and review website, has also recently removed at least eight groups dedicated to women’s issues, according to China Digital Times, a website that tracks Chinese internet controls. Douban declined to comment.

After the hot pot incident, Taobao, an e-commerce site in China, removed 23 items from Ms. Xiao’s online store, saying that they were “prohibited content,” according to a notice viewed by The New York Times. All of the items had the word “feminist” written on them. Ms. Xiao sued Weibo in a Beijing court on April 14, seeking access to her account and $1,500 in compensation.

After she posted her lawsuit on WeChat, China’s ubiquitous instant messaging platform, her public account was removed for “violating regulations.”

Ms. Liang, the lawyer, said she was one of the many women inundated by abuse after she posted supportive messages for Ms. Xiao. She was furious when her Weibo account was frozen, because it meant she could no longer defend herself, she said. “It’s the equivalent of sealing your mouth shut, hanging you up and leaving you to burn,” she said.

One of Ms. Liang’s supposed offenses was sharing a post on Twitter by the group “Chinese for Uyghurs.” Her critics used it to accuse her of being unpatriotic by spreading awareness of the plight of the oppressed Muslim minority.

Despite the risks, many women continue to share messages of support for those who have been kicked off Weibo, Ms. Liang said. She described the platform as “the only open space for me to speak out” and said she wanted her account back, even though she knew that the same angry users would be waiting for her when she returned.

“I think having this space is especially important for young women on the internet,” she said. “I refuse to give it up to those disgusting people.”

Elsie Chen contributed reporting. Lin Qiqing contributed research.

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Investors distance themselves from the photo-sharing app Dispo after controversy.

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Some investors have started distancing themselves from Dispo, a fast-growing photo-sharing app, after its co-founder, the YouTube creator David Dobrik, became embroiled in controversy.

Dispo, which launched in 2019, is a photo-based social platform similar to Instagram that mimics the experience of using a disposable camera. Photos taken through the Dispo app take 24 hours to “develop” and appear on a user’s feed.

In October, Dispo raised $4 million in a funding round led by Seven Seven Six, the firm of Alexis Ohanian, the Reddit co-founder. In February, the company garnered an additional $20 million in a financing led by Spark Capital; the funding valued Dispo at $200 million.

But in an investigation by Insider that published last week, Mr. Dobrik was accused of playing a role in a sexual assault scandal involving a former member of his “Vlog Squad.” He later told The Information that he would leave Dispo and step down from its board. And some of Dispo’s investors have also started backing away.

posted on Twitter.

On Monday, Mr. Ohanian and Seven Seven Six also issued a statement calling the accusations against Mr. Dobrik “extremely troubling” and “directly at odds with Seven Seven Six’s core values.” Mr. Ohanian posted to Instagram that he and Seven Seven Six supported Mr. Dobrik’s choice to step down from the company.

Seven Seven Six also said on Twitter that it would donate any profits from its investment “to an organization working with survivors of sexual assault.”

Maitri, which is focused on helping South Asian survivors of domestic violence.

become enamored with the influencer world. “I feel like something has palpably shifted in the past year among investors, and it seems like everyone is talking about the creator economy now and investing in creator tools,” Li Jin, founder of Atelier, a venture firm investing in the creator space told The New York Times in December.

But several popular YouTube stars have come under fire over the past year for scandals involving racism and sexual assault.

Mr. Dobrik is one of YouTube’s most popular creators, with more than 18.7 million subscribers on his primary channel. After gaining fame on Vine, the short-video app, he and a group of friends called the “Vlog Squad” began creating short, comedic content often involving stunts for sites such as YouTube, TikTok and Instagram.

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