Twitter trial against Elon Musk set for October

Twitter trial against Elon Musk set for October
Twitter trial against Elon Musk set for October
Nikolas Kokovlis/NurPhoto via Getty Images

(NEW YORK) — A Delaware court on Tuesday determined that the trial in a lawsuit brought by Twitter against Elon Musk should take place in October, granting an expedited timeline for the case.

Twitter sued Musk — the chief executive of Tesla and the richest person in the world, according to Forbes’ Billionaires List — in an attempt to force him to complete his purchase of the company, after he declared in early July he was walking away from the deal.

The scheduling decision made Tuesday — to hold the trial over five days in October — appeared to align more closely with a timeline requested by Twitter, which had sought a four-day trial in September. Musk asked the court to set a trial date no earlier than mid-February 2023.

“The reality is that delay risks irreparable harm” to Twitter, said Court Chancellor Kathaleen McCormick.

Attorneys for Musk and Twitter alleged on Tuesday that their opponents held ulterior motives for the timelines they sought.

William Savitt, an attorney from Wachtell, Lipton, Rosen & Katz, who is representing Twitter, accused Musk of delaying the court proceeding in the hope of increasing his negotiating leverage or scuttling the deal with Twitter altogether.

“The company is faced with substantial increasing risk specifically by the overhanging of the merger agreement — and it’s by design,” Savitt said.

“Mr. Musk has been and remains contractually obligated to use his best efforts to close this deal,” Savitt added. “What he’s doing is the exact opposite of best efforts. It’s attempted sabotage.”

Andrew Rossman, an attorney for Musk and a managing partner at Quinn Emanuel Urquhart & Sullivan, rebuked the claim. Instead, he argued that Twitter has sought to accelerate the case to prevent Musk and his representatives from assessing the company’s estimate in an SEC filing that less than 5% of accounts on the platform are bot or fake accounts.

“There’s no reason to try to do this in two months, except for one. The one reason is what Twitter wants to do is continue to shroud in secrecy the issue regarding their less than 5% spam and false account representation,” he said.

“As long as is necessary to get this deal railroaded through and force Mr. Musk to close,” he added.

“Twitter’s bid for extreme expedition rests on the false premise that the Termination Date in the merger agreement is October 24, glossing over that this date is automatically stayed if either party files litigation. By filing its complaint, Plaintiff has rendered its supposed need for a September trial moot,” Alex Spiro, an attorney for Musk, wrote in a court filing on Friday.

The Delaware Chancery Court will determine whether Musk remains obligated to purchase Twitter.

Musk has claimed Twitter failed to disclose the number of fake accounts on the platform. Twitter has said 5% of active users are bots but Musk has said he believes the figure is higher.

“Post-signing, Defendants promptly sought to understand Twitter’s process for identifying false or spam accounts. In a May 6 meeting with Twitter executives, Musk was flabbergasted to learn just how meager Twitter’s process was,” Musk’s filing said.

The legal battle marks the latest chapter in a monthslong saga that began in January when Musk started investing in Twitter.

Musk reached an acquisition deal with Twitter in April, but in the weeks since, he has raised concerns over spam accounts on the platform, claiming Twitter has not provided him with an accurate estimate of their number. Twitter has rebuked that claim, saying it has provided Musk with information in accordance with conditions set out in the acquisition deal.

Last Tuesday, Twitter sued Musk to force him to complete the deal.

“Musk refuses to honor his obligations to Twitter and its stockholders because the deal he signed no longer serves his personal interests,” Twitter said in the lawsuit. “Musk apparently believes that he — unlike every other party subject to Delaware contract law — is free to change his mind, trash the company, disrupt its operations, destroy stockholder value, and walk away.”

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Secret Service will say no new Jan. 6 texts found after records were deleted; investigation requested

Secret Service will say no new Jan. 6 texts found after records were deleted; investigation requested
Secret Service will say no new Jan. 6 texts found after records were deleted; investigation requested
400tmax/Getty Images, FILE

(WASHINGTON) — The Secret Service is preparing to notify the House Jan. 6 committee that it has found no new text messages related to the Capitol riot, a source says — the same day the National Archives and Records Administration (NARA) sent a letter requesting the agency investigate the deletion of some its records from Jan. 6, 2021, which drew the scrutiny of an internal watchdog.

The Secret Service’s plans were confirmed to ABC News on Tuesday by a source familiar with the matter.

A Secret Service spokesman last week acknowledged that text messages from Jan. 5 and Jan. 6, 2021, were deleted after being sought by the Department of Homeland Security Office of Inspector General.

A letter sent Wednesday by the inspector general to the heads of the House and Senate Homeland Security Committees said the messages were deleted “as part of a device-replacement program” despite the inspector general requesting such communications.

The director of communications for the Secret Service, Anthony Guglielmi, subsequently dismissed any “insinuation” the agents had intentionally deleted the texts.

The Jan. 6 committee subpoenaed the Secret Service on Friday — its first such order to an executive agency.

Rep. Zoe Lofgren, a member of the Jan. 6 committee, said on ABC’s “This Week” on Sunday that the panel expected more information about the Secret Service texts by Tuesday.

“We need all of the texts from the fifth and sixth of January. I was shocked to hear that they didn’t back up their data before they reset their iPhones. That’s crazy, and I don’t know why that would be,” Lofgren, D-Calif., said then. “But we need to get this information to get the full picture.”

In its letter on Tuesday, the NARA wrote that “if it is determined that any text messages have been improperly deleted” — “regardless of their relevance” to Jan. 6 investigations — “then the Secret Service must send NARA a report within 30 calendar days of the date of this letter with a report documenting the deletion.”

“This report must include a complete description of the records affected, a statement of the exact circumstances surrounding the deletion of messages, a statement of the safeguards established to prevent further loss of documentation, and details of all agency actions taken to salvage, retrieve, or reconstruct the records,” NARA wrote.

The Secret Service — which has faced fresh controversy over its conduct amid the insurrection and then-President Donald Trump’s behavior that day — has repeatedly said it is readily cooperating with both the inspector general and the Jan. 6 committee.

“Over the last 18 months, we have voluntarily provided dozens of hours of formal testimony from special agents and over 790,000 unredacted emails, radio transmissions, operational and planning records,” spokesman Guglielmi said Friday. “We plan to continue that cooperation by responding swiftly to the Committee’s subpoena.”

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The Interrupters release new song “As We Live” with Tim Armstrong & Rhoda Dakar

The Interrupters release new song “As We Live” with Tim Armstrong & Rhoda Dakar
The Interrupters release new song “As We Live” with Tim Armstrong & Rhoda Dakar
Hellcat/Epitaph Records

The Interrupters have teamed up with two pillars of punk for their new song, “As We Live.”

The track, which will appear on the “She’s Kerosene” outfit’s upcoming album In the Wild, features Tim Armstrong of Rancid and Operation Ivy and Rhoda Dakar of the U.K. ska band The Bodysnatchers.

“Love is the fuel for everything beautiful in the world,” Aimee Interrupter says of “As We Live.” “Love should be approached with urgency and that’s what we are trying to capture with this song. It is truly humbling to have musical legends, Tim Armstrong and Rhoda Dakar co-writing and singing this one with us.”

“As We Live” is available now via digital outlets.

In the Wild is due out August 5. It also includes the previously released songs “In the Mirror,” “Anything Was Better” and “Jailbird.”

You can catch The Interrupters perform on ABC’s Jimmy Kimmel Live! this Thursday, July 21.

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‘Law & Order: Organized Crime’ crew member murdered in New York City set “ambush”

‘Law & Order: Organized Crime’ crew member murdered in New York City set “ambush”
‘Law & Order: Organized Crime’ crew member murdered in New York City set “ambush”
Eric Liebowitz/NBC

A crew member working on the New York City set of Law & Order: Organized Crime was fatally shot by an unknown assailant in what is being called an “ambush.”

The unidentified crew member was sitting in his car in Greenpoint, Brooklyn early Tuesday morning, awaiting the arrival of the crew — a common practice to prevent people from parking in spots meant for production vehicles — when someone approached him.

WABC-TV reports the suspect opened the car door and shot the victim multiple times in the face and the neck. The victim was taken to Woodhull Hospital, where he was pronounced dead.

The suspect, a man wearing a black hoodie and black pants, fled the scene.

In a joint statement obtained by ABC Audio, producers NBC and Universal Television noted, “We were terribly saddened and shocked to hear that one of our crew members was the victim of a crime early this morning and has died as a result. We are working with local law enforcement as they continue to investigate. Our hearts go out to his family and friends and we ask that you respect their privacy during this time.”

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Miranda Lambert’s new single “Strange” is “permission to let go”

Miranda Lambert’s new single “Strange” is “permission to let go”
Miranda Lambert’s new single “Strange” is “permission to let go”
RCA Records Nashville/Vanner Records

Miranda Lambert is real “Strange” in her new single. 

The track finds the singer admitting that she feels out of place in the modern world where “country don’t twang, rock ‘n’ roll ain’t loud” and everyone is just looking to be famous. To cut through the noise, Miranda encourages us to hop on an airplane to anywhere, dance like no one is watching, “have a smoke and buy a round.” “Do anything to keep you sane/’Cause times like these make me feel strange,” she sings. 

“‘Strange’ is permission to just let go for a [second]. We were really wanting the chorus to lift – literally and emotionally – and go into a happy place,” Miranda says of the song she co-wrote with Natalie Hemby and Luke Dick. “It’s such a song for the time that we’re in right now, but it doesn’t feel like it won’t matter in 10 years, either.” 

“Strange” is the second single off her latest album, Palomino, which follows the top 15 hit “If I Was a Cowboy.”

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Camila Cabello reveals she’s tested positive for COVID-19

Camila Cabello reveals she’s tested positive for COVID-19
Camila Cabello reveals she’s tested positive for COVID-19
John Lamparski/WireImage

Camila Cabello is the latest celebrity to test positive for COVID-19, and she’s letting her fans know she’s doing all right.

The “Bam Bam” singer broke the news on Monday via a spunky TikTok video soundtracked to Black Point‘s “Watagatapitusberry.” She captioned the clip, “I got the rona.”

Despite falling ill, the Grammy nominee ensured fans that COVID won’t stop her from entertaining her millions of followers. To prove she’s in high spirits, Camila films herself goofing off in her bedroom — from rolling around in her bed to pumping up her virus-fighting must-haves, including cough syrup, a bag of cough drops and a box of medicated chest rub.

She later shared the video to her Instagram stories and added further, “If u got the rona and still gonna live it up in isolation make some f***in noise.”

Camila did not go into further detail, but fans are already wishing her a speedy recovery.

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Emily Ratajkowski and Sebastian Bear-McClard reportedly break up after four years together

Emily Ratajkowski and Sebastian Bear-McClard reportedly break up after four years together
Emily Ratajkowski and Sebastian Bear-McClard reportedly break up after four years together
Gotham/GC Images

It’s reportedly over for Emily Ratajkowski and Sebastian Bear-McClard.

The pair, who were together for four years, “have split,” a source told Entertainment Tonight.

“They had been having issues as a couple for a bit,” the insider added. “Emily is focused on herself and their son. Emily is adjusting to this change and plans to file for divorce soon.”

News of the break-up comes just a few days after the model was spotted out and about without her wedding ring. She also does not appear to be wearing it in recent Instagram photos.

Ratajkowski and Bear-McClard were first romantically linked in early February 2018 and got hitched at New York City’s City Hall later that same month. They welcomed their son, now one-year-old Sylvester Apollo Bear, in March 2021.

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Will the BA.5 COVID strain force new mask mandates?

Will the BA.5 COVID strain force new mask mandates?
Will the BA.5 COVID strain force new mask mandates?
EMS-FORSTER-PRODUCTIONS/Getty Images

(NEW YORK) — The new COVID-19 variant, called BA.5, has been rapidly spreading across the country and is now estimated to make up more than 60% of new cases, according to the CDC. It is highly transmissible, compared to previous variants, and seemingly more resistant to prior vaccinations and immunities.

These factors are making people think differently about wearing masks, which experts say are still an effective way to curb the spread of the virus. Los Angeles County, for example, will likely reinstate an indoor mask mandate at the end of the month due to rising COVID-19 cases.

ABC News’ “Start Here” podcast spoke on Monday with John Brownstein, Chief Innovation Officer at Boston’s Children’s Hospital, professor at Harvard Medical School and ABC News Medical contributor, about best practices for protecting people against this latest variant.

START HERE: John, the mask debate has been with us as long as COVID. Los Angeles County is talking about reinstating mask rules. How effective are masks against this super contagious subvariant BA.5?

BROWNSTEIN: You know, Michelle, there is nothing as contentious as the mask debate of anything that we’ve dealt with with the pandemic. And it’s very surprising as a scientist, because a layer between you and others that protects you from transmission, it seems like very basic science.

But also at the community level, when you take on masks at the community level, you will see transmission go down. And that is why communities like L.A. are deciding to take on masking, because they’re looking at their particular context, seeing a surge and ultimately applying correct interventions to help reduce risk and ultimately not allowing for further transmission. That would ultimately create a surge in our hospitals and a capacity concern.

And so masking makes sense, but in a highly targeted way. That’s why we have to be very specific in the timing of masking. You’re pre-surge in the community. You’re seeing cases go up. That’s when you want to bring in masks to help reduce transmission, help reduce the risk to our health systems.

But these are not broad scale mask mandates across the country for undefined amounts of time. These are very targeted and this is why it’s done at the local public health level. They can look at the data and make these decisions and have people engage in a very important intervention to reduce the risk to the community.

START HERE: In terms of vaccination…we are in a much better place than last year. More Americans are vaccinated, boosted. There are treatments to help with symptoms. But how is this latest subvariant throwing a wrench into all the tools we have at our disposal?

BROWNSTEIN: Well, first, it’s really important to note that the tools that we have still work. If you’re fully up to date with your vaccines, especially if you’re on that booster and that second booster, if eligible, it dramatically reduces your risk of severe illness and death. So that’s point No. 1. Testing still works. Masking still works. So all the tools still work.

The issue is that this new variant is highly transmissible. It’s immune evasive in the sense that if you are exposed to this variant, your previous immunity from vaccination and potentially other variants, likely non-human variants, doesn’t necessarily protect you in the same way as previous infections. And so we’re going to see increased amounts of breakthrough infections.

Many of those will not turn, of course, into severe illness, but they’re turning into infections that ultimately lead to more transmission. And then we’ll see the impact in our most vulnerable communities, those that are elderly, immunocompromised, and we’ll see history repeating itself. And that’s the real concern we have with this new immune evasive variant.

START HERE: And how does testing factor in — should Americans be testing regularly at home?

BROWNSTEIN: Yeah, testing is such an important first line of defense. It’s been the cornerstone of our response. We’ve seen testing dramatically reduce. People are not going to get PCRs and even home testing is declining.

And that’s a problem because if people don’t have awareness of their infection, they are not necessarily isolating and potentially creating risk into the community. And that leads, of course, to these surges that we’re seeing. And so I advocate, you know, the testing. It’s simple. You know, there’s so much availability. There’s free home tests that the Biden administration is offering. Please use those because that really will have such an impact on the course of this BA.5 surge.

START HERE: Health experts say they are focusing on a booster for adults this fall — a new one targeting the latest subvariants? But should the government be expanding access to the second booster we have now for all adults?

BROWNSTEIN: Well, you know, it’s a very complicated answer because the data isn’t absolutely clear about this for young, healthy adults, for older Americans. Those compromised. The risk is significant and getting that second booster is clear. I think we’re still waiting for compelling data at the same time. There should be broad availability. You know, there is plenty of supply out there. So if someone feels, based on their own risk tolerance, that they want that second booster, there’s really no downside.

So it makes sense to expand that availability. But we have to be very careful here because the messaging on boosters has been complicated. We don’t want to create vaccine fatigue, and we especially want to make sure that we have compelling reasons to get people boosters in the fall when we have this new variant specific bivalent vaccine. So I think making sure that we can make it available to as many people [who] will want it without sort of undermining a potential fall vaccination strategy.

START HERE: All right. That is John Brownstein with Boston Children’s Hospital. Thank you.

BROWNSTEIN: Thanks, Michelle.

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Faith No More’s Mike Patton speaks on mental health issues: “I was afraid of people”

Faith No More’s Mike Patton speaks on mental health issues: “I was afraid of people”
Faith No More’s Mike Patton speaks on mental health issues: “I was afraid of people”
Daniel Vorley/Getty Images

Last year, Faith No More and Mr. Bungle canceled their upcoming tour dates due to frontman Mike Patton dealing with mental health issues. Now, Patton has opened up about the specifics of what he’s been going through.

In an interview with Rolling Stone, Patton reveals that he was diagnosed with agoraphobia, an anxiety disorder characterized by a fear of feeling trapped or helpless. 

“I was afraid of people,” Patton shares. “I got freaked out by being around people.”

“Maybe that was because I spent two years basically indoors during COVID,” he continues. “I don’t know. Maybe it reinforced feelings that I already had. But just knowing about it, talking about it, really helped.”

Patton’s condition really manifested just as Faith No More was about to launch the band’s scheduled tour.

“That’s when I kind of lost it, and it was ugly and not cool,” Patton says. “A few days before we were supposed to go on the road. I told the guys, ‘Hey man, I don’t think I can do it.’ Somehow my confidence was broken down. I didn’t want to be in front of people, which is weird because I spent half of my life doing that.”

Patton admits that the issue caused “broken feelings on both sides” and characterizes the current status of the group as “radio silence.”

“We may reschedule stuff; we may not,” he says. “I’ll just leave it at that. It’s a little confusing and complicated. So if we do, we do. If we don’t, that’s cool, too.”

Patton currently plans to return to the road in December for shows with Mr. Bungle.

Meanwhile, Patton has announced a new album with his band Dead Cross, which also features ex-Slayer drummer Dave Lombardo. The record, titled II, arrives October 28.

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BTS officially named ambassadors for Busan’s World Expo 2030 bid, set concert for October

BTS officially named ambassadors for Busan’s World Expo 2030 bid, set concert for October
BTS officially named ambassadors for Busan’s World Expo 2030 bid, set concert for October
Courtesy of BIGHIT MUSIC

BTS appeared together in Seoul Tuesday, where they were officially appointed ambassadors for the South Korean city of Busan’s bid to host the 2030 World Expo, a world fair that’s held every five years. 

During the appointment ceremony attended by the mayor of Busan, the South Korean prime minister and other officials, the BTS members received special plaques marking their new roles. They’ll be taking part in promotional activities, including a performance at the “Global Busan Concert” in October, as part of their efforts to bring the World Expo to Busan.

Russia, Italy, Saudi Arabia and Ukraine have also submitted bids to host the event. The selection of the city will take place in 2023.

In a statement, BTS member RM said they were “honored” to be appointed and noted, “We will…make extra efforts to not only support the nation’s bid, but also promote the beautiful nature and culture of the Republic of Korea worldwide.”

The mayor of Busan said, “Through the [Global Busan] concert, I firmly believe that millions and billions of fans from all over the world will also support the bid for World Expo 2030 Busan.” 

Prime Minister Han Duk-soo added, “With the support from BTS and our people, we will be able to achieve our goal.” 

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