testified that the start-up faked demonstrations of its machines for potential investors, hid technology failures and threw out abnormal blood test results.

Mr. Mattis testified that he was not aware of any contracts between Theranos and the military to put its machines on medevac helicopters or on the battlefield, as Ms. Holmes had frequently told investors.

testimony from Roger Parloff, the journalist who wrote a magazine cover story about Ms. Holmes, helping propel her to acclaim. Mr. Parloff’s article was sent to numerous investors as part of Ms. Holmes’s pitch.

Yet notably absent from the courtroom were some of the most prominent witnesses on the prosecution’s list. Ms. Holmes’s rise was aided by her association with business titans such as the media mogul Rupert Murdoch, elder statesmen such as Henry Kissinger and Adm. Gary Roughead, and the lawyer David Boies. Theranos was felled, in part, by whistle-blowers such as Tyler Shultz, a grandson of George Shultz, the former secretary of state, who sat on Theranos’s board. None of them testified.

Also absent was Mr. Balwani, who was charged with fraud alongside Ms. Holmes and faces trial next year. His role as a fiery defender of Theranos who went after anyone who questioned the company has been in the background of much of the testimony.

At nearly every turn, Ms. Holmes’s lawyers sought to limit testimony and evidence. They attacked the credibility of investors, using legal disclaimers to show that investors knew they were gambling on a young start-up. The lawyers also poked holes in investors’ limited due diligence on Theranos’s claims. At one point, they directed Erika Cheung, a key whistle-blower who worked in Theranos’s lab, to read the entire organizational chart of the people employed in lab to show she played a small role in the overall operation.

she said in one of the videos. “Anything that happens in this company is my responsibility.”

View Source

>>> Don’t Miss Today’s BEST Amazon Deals! <<<<

How Chemours and DuPont Avoid Paying for PFAS Pollution

The transactions that created Chemours and reinvented DuPont laid the groundwork for a blame-shifting exercise that has made it difficult for regulators and others to hold anyone accountable for decades of contamination in North Carolina and elsewhere.

State attorneys general in Ohio, New Jersey, New Hampshire, Vermont and New York each sued the companies for having released toxic chemicals into the air, water and soil and for concocting a spinoff to shield DuPont from responsibility. Dutch prosecutors began criminally investigating Chemours for the use of PFOA at a factory in Dordrecht from 2008 to 2012, before Chemours was created.

Yet in courts, in the media and in public settings, DuPont and Chemours have used the spinoff to distance themselves from the problems.

In a court filing in Ohio, where the state has sued over pollution from the Washington Works factory on the West Virginia border, Chemours claimed that the contamination happened before “Chemours even came into existence.” In a securities filing this summer, Chemours stated that it “does not, and has never, used” PFOA. Yet Chemours continues to manufacture other versions of PFAS, including GenX.

DuPont adopted a similar stance. Because Chemours was independent and had assumed responsibility for Washington Works, DuPont claimed it had nothing to do with the pollution. In fact, DuPont insisted, because it was technically a new company, it had never even made the toxic substances in question.

In 2019, Chemours, deep in debt, sued DuPont. Chemours contended that the spinoff was conceived to get DuPont off the hook for its decades of pollution. According to the complaint, DuPont executives decided against a $60 million project that would have stopped Fayetteville Works from discharging chemicals into the Cape Fear River. Instead, DuPont executives made a $2 million change, which they abandoned shortly before they announced the Chemours spinoff.

The lawsuit asked, “Why bother spending money to fix the problem, DuPont apparently reasoned, when it could be conveniently passed on to Chemours?”

View Source

>>> Don’t Miss Today’s BEST Amazon Deals! <<<<

Prominent Chinese #MeToo Figure Vows to Appeal After Losing Case

A former television intern who became a prominent voice in China’s #MeToo movement against sexual assault and harassment has vowed to fight on after a court in Beijing ruled that she had not produced sufficient evidence in her harassment case against a star presenter.

The former intern, Zhou Xiaoxuan, told supporters and journalists outside the Haidian District court in Beijing that she would appeal after judges ruled against her claim late Tuesday night.

Ms. Zhou asserted in 2018 that Zhu Jun had assaulted her in a dressing room four years earlier. Mr. Zhu denied that accusation and sued Ms. Zhou, and she countersued him. Their legal battles became a focal case in China’s expanding movement against the sexual coercion of women.

The court in Beijing rejected Ms. Zhou’s case in a terse online statement that did not go into the substance of her claims. She had “tendered insufficient evidence to prove her assertion that a certain Zhu had engaged in sexual harassment,” the court stated.

crack their heads and spill blood” if they tried to stop its rise.

  • Behind the Takeover of Hong Kong: One year ago, the city’s freedoms were curtailed with breathtaking speed. But the clampdown was years in the making, and many signals were missed.
  • One Year Later in Hong Kong: Neighbors are urged to report on one another. Children are taught to look for traitors. The Communist Party is remaking the city.
  • Mapping Out China’s Post-Covid Path: Xi Jinping, China’s leader, is seeking to balance confidence and caution as his country strides ahead while other places continue to grapple with the pandemic.
  • A Challenge to U.S. Global Leadership: As President Biden predicts a struggle between democracies and their opponents, Beijing is eager to champion the other side.
  • ‘Red Tourism’ Flourishes: New and improved attractions dedicated to the Communist Party’s history, or a sanitized version of it, are drawing crowds ahead of the party’s centennial.
  • Since then, the Chinese Communist Party has moved to rein in public protest and contention over women’s rights, and fewer such cases have burst onto the internet.

    An exception was in July, when the police detained Kris Wu, a popular Canadian Chinese singer, after an 18-year-old university student in Beijing accused him of offering young women like her help with their careers, and then pressing them to have sex. He has denied the accusations.

    Mr. Wu was formally arrested last month on suspicion of rape. His case became one in a number of scandals that have prompted the Chinese government to crack down on youth celebrity culture and warn actors and performers to stick to official rules for propriety.

    Ms. Zhou has been barred from Weibo, the popular Chinese social media service where her claims against Mr. Zhu first spread. (His lawsuit against her has still not gone to trial.)

    Traditional state-run media outlets were ordered not to cover Ms. Zhou’s claims and lawsuit, according to three journalists who received the instructions and asked for anonymity because of the risk of repercussions. But word of Ms. Zhou’s loss in court rippled across Chinese social media on Wednesday. Many reactions that remained on Weibo were critical of her, some accusing her of making up her claims and acting as a pawn for forces hostile to China. Her supporters said that, despite the setback, she had set a lasting example.

    “I was very disappointed, but it didn’t surprise me,” said Zheng Xi, 34, a feminist in Hangzhou, in eastern China. “Her persistence in the last three years has educated and enlightened many people.”

    View Source

    >>> Don’t Miss Today’s BEST Amazon Deals! <<<<

    In Epic vs. Apple Court Fight, a Win for App Developers

    Apple is widely expected to ask a judge to keep the order from going into effect. Either company could also appeal to the U.S. Court of Appeals for the Ninth Circuit. In that court, a three-judge panel could review the decision, a process that could take a year or more. After a ruling there, Apple or Epic could appeal to the Supreme Court.

    The ruling allows both sides to claim a partial victory. Apple now has a court ruling that says it does not run a monopoly in an important digital marketplace, which undercuts its opponents’ efforts to claim that it violates antitrust laws. But Epic’s lawsuit could also force Apple to crack open its airtight iPhone software to create an avenue for developers to avoid its commission.

    Apple’s shares fell nearly 3 percent on the Nasdaq exchange after the ruling was announced.

    “Today the court has affirmed what we’ve known all along: The App Store is not in violation of antitrust law,” Apple said in a statement. “As the court recognized, ‘Success is not illegal.’ Apple faces rigorous competition in every segment in which we do business, and we believe customers and developers choose us because our products and services are the best in the world.”

    The ruling did uphold many of the principles of Apple’s App Store business, including that it can prohibit third-party iPhone app marketplaces and can continue to charge a 30 percent commission on many transactions. Epic had challenged those practices.

    “It puts an economic question mark around the App Store, but at the same time, it affirms the principles” of the business, said Adam Kovacevich, a former Google lobbyist who now runs a tech-policy group that is in part sponsored by Apple.

    Tim Sweeney, Epic’s chief executive, said on Twitter that he was not satisfied with the ruling because it did not go far enough in allowing companies to complete in-app transactions with their own payment systems, versus having to direct customers to outside websites. He said Fortnite would not return to the App Store until such rules were in place.

    “Today’s ruling isn’t a win for developers or for consumers,” he said. “We will fight on.”

    Mr. Rubin, the antitrust lawyer, said that Apple would feel relieved to dodge being labeled a monopoly, but that the judge’s verdict would most likely do little to strengthen its standing in other investigations because antitrust lawsuits can vary. He said Apple might also have to consider lowering its commission now that it will be easier for developers to send customers elsewhere to make purchases.

    View Source

    >>> Don’t Miss Today’s BEST Amazon Deals! <<<<

    How Facebook Relies on Accenture to Scrub Toxic Content

    In 2010, Accenture scored an accounting contract with Facebook. By 2012, that had expanded to include a deal for moderating content, particularly outside the United States.

    That year, Facebook sent employees to Manila and Warsaw to train Accenture workers to sort through posts, two former Facebook employees involved with the trip said. Accenture’s workers were taught to use a Facebook software system and the platform’s guidelines for leaving content up, taking it down or escalating it for review.

    What started as a few dozen Accenture moderators grew rapidly.

    By 2015, Accenture’s office in the San Francisco Bay Area had set up a team, code-named Honey Badger, just for Facebook’s needs, former employees said. Accenture went from providing about 300 workers in 2015 to about 3,000 in 2016. They are a mix of full-time employees and contractors, depending on the location and task.

    The firm soon parlayed its work with Facebook into moderation contracts with YouTube, Twitter, Pinterest and others, executives said. (The digital content moderation industry is projected to reach $8.8 billion next year, according to Everest Group, roughly double the 2020 total.) Facebook also gave Accenture contracts in areas like checking for fake or duplicate user accounts and monitoring celebrity and brand accounts to ensure they were not flooded with abuse.

    After federal authorities discovered in 2016 that Russian operatives had used Facebook to spread divisive posts to American voters for the presidential election, the company ramped up the number of moderators. It said it would hire more than 3,000 people — on top of the 4,500 it already had — to police the platform.

    “If we’re going to build a safe community, we need to respond quickly,” Mr. Zuckerberg said in a 2017 post.

    The next year, Facebook hired Arun Chandra, a former Hewlett Packard Enterprise executive, as vice president of scaled operations to help oversee the relationship with Accenture and others. His division is overseen by Ms. Sandberg.

    View Source

    >>> Don’t Miss Today’s BEST Amazon Deals! <<<<

    Inside a Fatal Tesla Autopilot Accident: ‘It Happened So Fast’

    George Brian McGee, a finance executive in Florida, was driving home in a Tesla Model S operating on Autopilot, a system that can steer, brake and accelerate a car on its own, when he dropped his phone during a call and bent down to look for it.

    Neither he nor Autopilot noticed that the road was ending and the Model S drove past a stop sign and a flashing red light. The car smashed into a parked Chevrolet Tahoe, killing a 22-year-old college student, Naibel Benavides.

    One of a growing number of fatal accidents involving Tesla cars operating on Autopilot, Mr. McGee’s case is unusual because he survived and told investigators what had happened: He got distracted and put his trust in a system that did not see and brake for a parked car in front of it. Tesla drivers using Autopilot in other fatal accidents have often been killed, leaving investigators to piece together the details from data stored and videos recorded by the cars.

    “I was driving and dropped my phone,” Mr. McGee told an officer who responded to the accident, according to a recording from a police body camera. “I looked down, and I ran the stop sign and hit the guy’s car.”

    Distracted driving can be deadly in any car. But safety experts say Autopilot may encourage distraction by lulling people into thinking that their cars are more capable than they are. And the system does not include safeguards to make sure drivers are paying attention to the road and can retake control if something goes wrong.

    Mr. McGee, who declined to comment through his lawyer, told investigators that he was on the phone with American Airlines making reservations to fly out for a funeral. He called the airline at 9:05 p.m. on April 25, 2019. The call lasted a little more than five minutes and ended two seconds after his Model S crashed into the Tahoe, according to a Florida Highway Patrol investigation. Florida law makes it illegal to text while driving, but the state does not prohibit drivers from talking on a hand-held cellphone except in school or work zones.

    no vehicle on sale today is close to achieving.

    Tesla’s critics contend that Autopilot has several weaknesses, including the ability for drivers like Mr. McGee to use it on local roads. With the help of GPS and software, G.M., Ford Motor and other automakers restrict their systems to divided highways where there are no stop signs, traffic lights or pedestrians.

    Tesla owners’ manuals warn customers not to use Autopilot on city streets. “Failure to follow these instructions could cause damage, serious injury or death,” the manual for 2019 models says.

    a California couple sued Tesla in connection with a 2019 crash that killed their 15-year-old son.

    The National Highway Traffic Safety Administration is investigating more than two dozen crashes that occurred when Autopilot was in use. The agency said it was aware of at least 10 deaths in those accidents.

    posted videos on YouTube showing that the camera sometimes fails to notice when drivers look away from the road and that it can be fooled if they cover the lens. When the camera notices a Tesla driver looking away from the road, it sounds a warning chime but does not turn Autopilot off.

    G.M. and Ford systems use infrared cameras to monitor drivers’ eyes. If drivers look away for more than two or three seconds, warnings remind them to look straight ahead. If drivers fail to comply, the G.M. and Ford systems will shut off and tell drivers to take control of the car.

    Ms. Benavides emigrated from Cuba in 2016 and lived with her mother in Miami. She worked at a Walgreens pharmacy and a clothing store while attending community college. An older sister, Neima, 34, who is executor of the estate, said Naibel had been working to improve her English in hopes of getting a college degree.

    “She was always laughing and making people laugh,” Neima Benavides said. “Her favorite thing was to go to the beach. She would go almost every day and hang out with friends or just sit by herself and read.”

    Neima Benavides said she hoped the lawsuit would prod Tesla into making Autopilot safer. “Maybe something can change so other people don’t have to go through this.”

    Ms. Benavides had just started dating Mr. Angulo when they went fishing on Key Largo. That afternoon, she sent her sister a text message indicating she was having a good time. At 9 p.m., Ms. Benavides called her mother from Mr. Angulo’s phone to say she was on the way home. She had lost her phone that day.

    On the 911 call, Mr. McGee reported that a man was on the ground, unconscious and bleeding from the mouth. Several times Mr. McGee said, “Oh, my God,” and shouted “Help!” When an emergency operator asked if the man was the only injured person, Mr. McGee replied, “Yes, he’s the only passenger.”

    Mr. Angulo was airlifted to a hospital. He later told investigators that he had no recollection of the accident or why they had stopped at the intersection.

    An emergency medical technician spotted a woman’s sandal under the Tahoe and called on others to start searching the area for another victim. “Please tell me no,” Mr. McGee can be heard saying in the police video. “Please tell me no.”

    Ms. Benavides’s body was found about 25 yards away.

    View Source

    >>> Don’t Miss Today’s BEST Amazon Deals! <<<<

    Activision, Facing Internal Turmoil, Grapples With #MeToo Reckoning

    More than 1,500 workers for the video game maker Activision Blizzard walked out from their jobs this week. Thousands signed a letter rebuking their employer. And even as the chief executive apologized, current and former employees said they would not stop raising a ruckus.

    Shay Stein, who used to work at Activision, said it was “heartbreaking.” Lisa Welch, a former vice president, said she felt “profound disappointment.” Others took to Twitter or waved signs outside one of the company’s offices on Wednesday to share their anger.

    Activision, known for its hugely popular Call of Duty, World of Warcraft and StarCraft gaming franchises, has been thrown into an uproar over workplace behavior issues. The upheaval stems from an explosive lawsuit that California’s Department of Fair Employment and Housing filed on July 20, accusing the $65 billion company of fostering a “frat boy workplace culture” in which men joked about rape and women were routinely harassed and paid less than their male colleagues.

    Activision publicly criticized the agency’s two-year investigation and allegations as “irresponsible behavior from unaccountable state bureaucrats.” But its dismissive tone angered employees, who called out the company for trying to sweep away what they said were heinous problems that had been ignored for too long.

    Hollywood, restaurants and the media — the male-dominated video game sector has long stood out for its openly toxic behavior and lack of change. In 2014, feminist critics of the industry faced death threats in what became known as Gamergate. Executives at the gaming companies Riot Games and Ubisoft have also been accused of misconduct.

    Now the actions at Activision may signal a new phase, where a critical mass of the industry’s own workers are indicating they will no longer tolerate such behavior.

    “This could mean some real accountability for companies that aren’t taking care of their workers and are creating inequitable work environments where women and gender minorities are kept at the margins and abused,” said Carly Kocurek, an associate professor at the Illinois Institute of Technology who studies gender in gaming.

    She said California’s lawsuit and the fallout at Activision were a “big deal” for an industry that had traditionally shrugged off claims of sexism and harassment. Other gaming companies are most likely watching the situation, she added, and considering whether they need to address their own cultures.

    spared little detail. Many of the misconduct accusations focused on a division called Blizzard, which the company merged with through a deal with Vivendi Games in 2008.

    The lawsuit accused Activision of being a “a breeding ground for harassment and discrimination against women.” Employees engaged in “cube crawls” in which they got drunk and acted inappropriately toward women at work cubicles, the lawsuit said.

    In one case, a female employee died by suicide during a business trip because of the sexual relationship she had been having with her male supervisor, the lawsuit said. Before her death, male colleagues had shared an explicit photo of the woman, according to the lawsuit.

    on Twitter.

    Employees reacted furiously. An open letter addressed to Activision’s leaders calling for them to take the accusations more seriously and “demonstrate compassion” for victims attracted more than 3,000 signatures from current and former employees by Wednesday. The company has nearly 10,000 employees.

    “We no longer trust that our leaders will place employee safety above their own interests,” the letter said, calling Ms. Townsend’s remarks “unacceptable.”

    a $155 million pay package that makes him one of the country’s highest-paid executives, added that the company would beef up the team that investigated reported misconduct, fire managers who were found to have impeded investigations and remove in-game content that had been flagged as inappropriate.

    Employees said it was not enough.

    “We will not return to silence; we will not be placated by the same processes that led us to this point,” organizers of the walkout said in a public statement. They declined to be identified out of fear of reprisal.

    View Source

    >>> Don’t Miss Today’s BEST Amazon Deals! <<<<

    WhatsApp Sues India’s Government to Stop New Internet Rules

    SAN FRANCISCO — WhatsApp sued the Indian government on Wednesday to stop what it said were oppressive new internet rules that would require it to make people’s messages “traceable” to outside parties for the first time.

    The lawsuit, filed by WhatsApp in the Delhi High Court, seeks to block the enforceability of the rules that were handed down by the government this year. WhatsApp, a service owned by Facebook that sends encrypted messages, claimed in its suit that the rules, which were set to go into effect on Wednesday, were unconstitutional.

    Suing India’s government is a highly unusual step by WhatsApp, which has rarely engaged with national governments in court. But the service said that making its messages traceable “would severely undermine the privacy of billions of people who communicate digitally” and effectively impair its security.

    “Civil society and technical experts around the world have consistently argued that a requirement to ‘trace’ private messages would break end-to-end encryption and lead to real abuse,” a WhatsApp spokesman said. “WhatsApp is committed to protecting the privacy of people’s personal messages and we will continue to do all we can within the laws of India to do so.”

    a broadening battle between the biggest tech companies and governments around the world over which of them has the upper hand. Australia and the European Union have drafted or passed laws to limit the power of Google, Facebook and other companies over online speech, while other countries are trying to rein in the companies’ services to stifle dissent and squash protests. China has recently warned some of its biggest internet companies against engaging in anticompetitive practices.

    In India, Prime Minister Narendra Modi and his ruling Bharatiya Janata Party have worked for several years to corral the power of the tech companies and more strictly police what is said online. In 2019, the government proposed giving itself vast new powers to suppress internet content, igniting a heated battle with the companies.

    The rules that WhatsApp is objecting to were proposed in February by Ravi Shankar Prasad, India’s law and information technology minister. Under the rules, the government could require tech companies to take down social media posts it deemed unlawful. WhatsApp, Signal and other messaging companies would also be required to create “traceable” databases of all messages sent using the service, while attaching identifiable “fingerprints” to private messages sent between users.

    WhatsApp has long maintained that it does not have insight into user data and has said it does not store messages sent between users. That is because the service is end-to-end encrypted, which allows for two or more users to communicate securely and privately without allowing others to access the messages.

    More than a billion people rely on WhatsApp to communicate with friends, family and businesses around the world. Many users are in India.

    ordered to take down dozens of social media posts that were critical of Mr. Modi’s government and its response to the coronavirus pandemic, which has ravaged the country. Government officials said the posts should be removed because they could incite panic and could hinder its response to the pandemic.

    The social media companies complied with many of the requests by making the posts invisible inside India, though they were still visible to people outside the country. In the past, Twitter and Facebook have reposted some content after determining that it didn’t break the law.

    Tensions between tech companies and the Indian government escalated this week when the police descended on the New Delhi offices of Twitter to contest labels affixed to certain tweets from senior members of the government. While Twitter’s offices were empty, the visit symbolized the mounting pressure on social media companies to rein in speech seen as critical of the ruling party.

    Facebook and WhatsApp have long maintained working relationships with the authorities in dozens of countries, including India. Typically, WhatsApp has said it will respond to lawful requests for information and has a team that assists law enforcement officials with emergencies involving imminent harm.

    Only rarely has WhatsApp pushed back. The service has been shut down many times in Brazil after the company resisted requests for user data from the government. And it has skirmished with U.S. officials who have sought to install “back doors” in encrypted messaging services to monitor for criminal activity.

    But WhatsApp argued that even if it tried enacting India’s new “traceability” rules, the technology would not work. Such a practice is “ineffective and highly susceptible to abuse,” the company said.

    Other technology firms and digital rights groups like Mozilla and the Electronic Frontier Foundation said this week that they supported WhatsApp’s fight against “traceability.”

    “The threat that anything someone writes can be traced back to them takes away people’s privacy and would have a chilling effect on what people say even in private settings, violating universally recognized principles of free expression and human rights,” WhatsApp said.

    View Source

    >>> Don’t Miss Today’s BEST Amazon Deals! <<<<