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Crowell & Moring Adds Veteran DOJ Health Care Litigator Jeff McSorley in Washington, D.C.
Jeff McSorley, a first-chair trial lawyer with 20 years of litigation experience including a decade as senior trial counsel in the DOJ Civil Division's Fraud Section, has joined Crowell & Moring's Health Care Group in Washington, D.C. He led more than 70 FCA investigations at DOJ, securing more than $500 million in recoveries for the United States.
Excessive Litigation Undermines Small Business Growth, Innovation and Opportunity - Small Business & Entrepreneurship Council
By Karen Kerrigan – America’s small businesses are remarkably resilient. They continue to navigate rising costs, economic challenges, robust competition, rapidly changing markets and workforce gaps while continuing to invest, innovate, and serve their customers. SBE Council’s latest Small Business Outlook Survey (October 2026) revealed that 81% of small business owners said their business is […]
Jefferson County Health Department Pays $2.25M to Settle Data Breach Lawsuit
Jefferson County Health Department, a public health agency for Jefferson County in Hillsboro, Missouri, has agreed to settle class action litigation that Jefferson County Health Department in Missouri has agreed to pay $2.25 million to settle a class action lawsuit stemming from a 2022 data breach affecting almost 116,000 individuals.
INOVIO Announces Favorable Judgment in Litigation with VGXI, Inc. and GeneOne Life Science
/PRNewswire/ -- INOVIO Pharmaceuticals, Inc. (Nasdaq: INO), a biotechnology company focused on developing and commercializing DNA medicines to help treat and...
Viewpoint: How the anti-abortion movement twists medical facts and promotes science misinformation
Misinformation and junk science about abortion are spreading at alarming rates and are becoming key components in legislation and litigation as well as in
Starbucks lawsuit puts sugary drinks in spotlight as doctor warns of health risks
Dr. Michael Aziz, an attending physician at Lenox Hill Hospital, discusses the sugar content of specialty coffee beverages amid litigation involving Starbucks, with estimates reflecting specific sizes and customizations.
Crews begin clearing 169 trees at DC golf course Trump plans to convert to championship course
The East Potomac Golf Course is home to one of several Trump administration renovation projects wrapped up in litigation brought by preservationists.
More Than 500 Trees to Be Cut Down at D.C. Golf Course That Trump Wants to Redo
The National Park Service notified a court of the plan as part of continuing litigation over the president’s proposal to create a “champion-level” course.
Valley Oaks Health Data Breach Settlement Gets First Nod from Court
Valley Oaks Health faced class action litigation over a June 2023 data security incident that affected 50,352 individuals. The consolidated lawsuit has Valley Oaks Health has agreed to settle a consolidated class action lawsuit stemming from a 2023 hacking incident that affected more than 50,000 individuals.
California comp report signals pressure for higher employer costs
California employers could face higher workers compensation insurance costs as rising claim frequency, litigation expenses and persistent underwriting losses put pressure on rates…
Hershey changes Reese’s Pumpkins packaging after lawsuit over design
A new disclaimer is appearing on Reese’s Peanut Butter Pumpkins after litigation over claims that the decorative designs shown on the packaging did not match the actual candy.
Trump bucks and the politics of mailing checks
The checks started going out last week, nearly one million of them, and mostly to battleground states. With a return address for the U.S. Treasury and a letter enclosed signed by President Donald Trump, these one-time checks for $500 were ostensibly government rebates for Obamacare enrollees who overpaid. In the accompanying letter, however, Trump attacks his predecessor and talks about his record in office on an important issue he’s not polling well on, which makes it seem more like the most expensive political mailer in U.S. history. The average piece of direct mail costs between 30 cents and $3, according to Mail Processing Associates, a print, mail, and fulfillment company. At $500 a pop plus roughly 50 cents each to issue the paper check, the cost of Trump’s healthcare mailer sent to more than 950,000 enrollees comes in at more than $475 million. Trump’s midterm healthcare message “For years, the Biden Administration overcharged you to fund the operation of HealthCare dot gov,” Trump wrote in the letter. “That money belongs to hard-working Americans, not the Government, and now, I am returning it to you!” In the letter, Trump makes false and misleading claims about his administration’s record on healthcare costs, an issue Democrats have a 20 point advantage on over Republicans, according to a recent poll from KFF, a nonpartisan health policy think tank. Trump touts his administration’s TrumpRX program, which he claims is “delivering massive discounts.” However, new research from KFF found that of a selection of drugs available on the TrumpRX platform, just five were the lowest price, while 13 were the highest price. Trump also falsely claims in the letter that he’s fighting to lower healthcare costs. In reality, average monthly premium payment costs for enrollees rose 58% under Trump while marketplace sign-ups declined 5%, per KFF. Under Trump’s One Big Beautiful Bill Act, it’s estimated 10 million more Americans will be uninsured by 2034. You get a check and you get a check and you get a check Trump’s long promised cash outs to his fans, from his days as a casino operator and gameshow host to his presidency. During the early days of the COVID-19 pandemic in 2020, the first Trump administration made the unprecedented move to put Trump’s name on checks that went out under the CARES Act (notably the $500 refund checks this time around don’t feature Trump’s name). Ever since, Trump’s been chasing that high. In his second term, Trump’s promised more stimulus that never arrived, like refund checks from DOGE cuts and tariffs, while he said at his party’s convention last month that he’d give out $5,000 checks to everyone if Republicans win in November. In reality, DOGE overstated its cost cutting and Trump’s government actually now spends more than former President Joe Biden’s, while Trump’s tariffs actually grew the trade deficit. His proposal for $5,000 checks would add about $1.2 trillion to the national debt. The problem is there’s no money to give. These $500 checks — plus $90 Medicare rebate checks also going out as well as $250 deposited this week in some Trump Accounts for kids courtesy Dell Technologies CEO Michael Dell and his wife Susan — represent the closest Trump’s going to get to making good on his promise to deliver cash fast. And the checks seem especially targeted. Though the $500 checks went out to enrollees in one of 30 states that use the federal HealthCare dot gov marketplace, a Reuters review found 71% of the payments, or $339 million, went to enrollees in 13 states that have the most competitive elections for governor and U.S. Senate. Most Americans don’t buy it Could Trump bucks sway the election? An Economist-YouGov poll found 57% of U.S. adults doubt Trump will deliver on his promise for $5,000 checks, compared to 21% who do. “I’m waiting on my DOGE check and I’m still waiting on my tariff check,” one 2024 Trump voter who’s since turned on him told a recent focus group. “It felt like kind of trying to buy people’s votes, which honestly felt like in elementary when the class president was like, hey we’re going to take you to the water park if you vote for me. It’s like, I don’t think it works like that.” But for voters in swing states who got a check, it could still matter. One survey published in 2022 found receiving a physically personalized check in the mail during the pandemic was associated with a much greater self-reported likelihood of voting for Trump in 2020, and those gains mainly came from out partisans. The issue for Trump comes if these checks are mostly going to Obamacare enrollees whose premiums have gone up by more than just $500 since he took office and who view the money as something like a bribe before the election rather than an actual long-term solution to lowering household costs. Spending $500.50 per mailer would be absurd as a normal campaign expenditure, but since Trump’s checks and letter are a government rebate, his campaign and super PAC didn’t have to spend a dime and he got out his message regardless. If enough voters in key states are swayed by the one-time payment, it could prove to be the best $0 the Trump campaign spent. Subscribe [ ](https://www.yellopolitics.com/p/why-independent-candidates-are-making) [ Why independent candidates are making independence central to their brand ](https://www.yellopolitics.com/p/why-independent-candidates-are-making) Hunter Schwarz · Oct 6 [ Read full story ](https://www.yellopolitics.com/p/why-independent-candidates-are-making) [ ](https://www.yellopolitics.com/p/these-designers-and-grocery-nerds) [ These designers and grocery nerds will brand Mamdani’s NYC grocery stores ](https://www.yellopolitics.com/p/these-designers-and-grocery-nerds) Hunter Schwarz · Oct 2 [ Read full story ](https://www.yellopolitics.com/p/these-designers-and-grocery-nerds) Trump wants to turn his first-ever golf course into a government course for presidents
Supreme Court weighs local governments' climate lawsuits against oil, gas firms
Key justices appeared wary about the potential sweep of litigation, but torn over the complex legal interplay of federal and state laws raised by the case
Supreme Court weighs local governments' climate lawsuits against oil, gas firms
Key justices appeared wary about the potential sweep of litigation, but torn over the complex legal interplay of federal and state laws raised by the case
Lexology Index Recognizes Five Hecker Fink Partners in 2026 Business Crime Defence Guide
Hecker Fink Partners Shawn Crowley, Jenna Dabbs, Mike Ferrara, Sean Hecker, and Amy Jeffress have been recognized in the Lexology Index guide for Business Crime Defence. The 2026 guide honors leading lawyers worldwide who “stand out among peers for their exceptional work representing companies, corporate officers, and individuals in criminal litigation arising from their business activities.”
25 Years of Business Income Insurance Coverage Claims Since the Attacks of Sept. 11, 2001
The 9/11 attacks reshaped business income insurance, spurring decades of litigation over loss calculations, restoration periods, expert evidence, and terrorism coverage. These disputes continue to influence claims and policyholder protections after major catastrophes.
At Supreme Court: Can oil companies be forced to pay for climate woes?
The outcome of the Colorado case could affect California's 2023 lawsuit against the five largest oil companies and other similar litigation.
September Monthly Review: Health MCP Guy?
For all the time I spend talking about APIs and data exchange, this newsletter has had embarrassingly little interoperability of its own. It’s old-school SaaS, baby - UI or bust. Not all of that is my fault! Substack, for all its popularity, is (as mentioned before) really frustrating as my system of record. The primary user it optimizes towards is the reader, whose attention feeds the app, the Notes feed, and the recommendation network that Substack is actually selling. Health API Guy is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Subscribe They’re falling into the same trap that Medium once sprinted into, albeit at a much more glacial speed. Younger generations may not remember (or never knew) it, but Medium once lured publications like The Ringer and Signal v. Noise onto its platform, only to lose them as it rebuilt itself around a paywall and an algorithmic feed. Substack’s original pitch circa 2020 was the antidote (you own your list), but every new feed feature chips away at it. I get it: writers are generic supply in the eyes of the Substack product team. Generic supply follows demand, so the consistent pressure on the PMs is to generate demand, which leads to every product cycle going toward discovery (Notes, recommendations, the app, live video). The end result lackluster author tools (laggy and broken analytics are truly crippling) all despite the premium price point. The archive is where it crosses from authorial gripes to actual reader impact, though. Across Substack and LinkedIn, I’ve published 1,218 posts and nearly 900,000 words since 2018. Substack’s native search can see only the 464 posts that live on Substack, and even there it’s woefully inadequate at surfacing relevant content (even for the guy who wrote it)! Readers have the same problem, writ large. Ask the Archive Fixing search (for both my readers and my own use) turned out to be extremely non-trivial, unfortunately: There’s no public API for readers to access content RSS exists for new content notification, but it only carries the 20 most recent posts and cuts paid ones off at the preview The only Substack MCP is an admin tool for analytics The export exists for authors, but it’s painfully awkward and slow. So I built something to work around that: the Health API Guy MCP. It’s a private MCP server holding the full text of everything I’ve written across Substack and LinkedIn. Add it to Claude or ChatGPT as a connector and you can ask things like: It pairs keyword search (for acronyms and case names, of which we have many) with semantic search. Every post is also labeled by topic, form, and court case, so you can pull a lawsuit’s (or multiple cases’) entire docket across Substack and LinkedIn in one query: Hail, Healthapiguyhydra This is also a bit of me eating my own cooking. I’ve spent the year arguing that headless healthcare is arriving and that developers want primitives over abstractions. Last week in Hail, Benihydra, I watched Salesforce plug its platform into Claude and bet that the records underneath outlive whatever interface sits on top: Salesforce must believe that the Hydra’s immortal head is the records, permissions, and business logic (in that they will survive whatever happens to the interface). It felt a bit hypocritical to keep my own archive behind a Substack search bar. The archive is the body. Substack is one head, and now whatever tool you might use is another. Will the EHRs follow my lead? Probably not imminently, but one can hope! Why Founding Members Only The MCP is available to Founding Member subscribers. A few reasons: It costs money and time to run. Hosting, the database, Clerk usage and AI compute for search and labeling are significant operational costs (that increase with usage). Substack gives me no way to automate access. There’s no API to check whether someone is a paid subscriber, so every user is manual operations for now. It’s a beta. We’ll need to improve things and parts will break. I’d rather they break for a small group of dedicated readers who will tell me about it. The Founding tier deserved a real benefit. Until now it was mostly a generous tip. Now it comes with something. If you’re already a Founding Member, reply to this email with the address you’d like provisioned. If you’re not and want in, upgrade here. Larger teams (such as companies) can get access too: group subscriptions at the Founding tier come with the group discount. The admin for the subscription can reply with the list of addresses to provision. Get 20% off a group subscription Pricing Founding membership is now a flat $200 a year, replacing the old suggested $150 that readers could adjust. Existing Founding Members will have access grandfathered in at their previous rate. Month in Review Articles Published Make Networks Dumb Again (Sep 11): AI is making old analog networks cheaper to use and flooding them with machine traffic in the process. A plea for agent-native rails with the intelligence at the endpoints, and for Washington to drag them to ubiquity. Interoperability, Unbuttoned (Sep 29): Interoperability is a series of workflows in a trenchcoat, and this post finally takes the trenchcoat off. A color-coded map shows which provider workflows went digital, which are fragmented, and which still run on fax. Video Content Antitrust’s System of Record Problem (Sep 3): The FTC’s investigation into Epic prompted a ninety-minute webinar, now posted with chapters and a smoothed transcript. We get into why market definition, missing B2B share data, and the SSNIP test leave antitrust poorly suited to systems of record, plus why information blocking may be doing more than any pending lawsuit. The Information Exchange: Cerner Milking Edition (Sep 18): This was so fucking fun. Ryan Tucker, Ryan Brickner, Brad Thorson, and I try an Around the Horn format, complete with points, penalties, and a mute button. We debate whether Oracle Health is dead, who would actually buy Cerner (IBM enters the chat), p(Doom), and why the front desk still hands you a clipboard. Regulatory Ask Not What Your Network Can Do (Sep 23): CDC’s RFI on public health data intermediaries lists use cases already served, unevenly, by eCR, lab reporting, IZ Gateway, and syndromic surveillance. The real opportunity sits in one question about AI: a network that can handle the next emergency without another interface project. Court cases Particle v. Epic: The Naughty Schoolteacher (Sep 4): After a summer-long vigil, the answer on Epic’s early summary judgment bid is two paragraphs and a remedial assignment. Particle advances to the next grade, and market definition gets another year of discovery. The Epic Discovery Files (Sep 8): Texas’s motions to compel arrive with a 251-page appendix of requests, objections, and meet-and-confer letters with Cravath. Inside: Epic using generative AI for document review, denied interoperability requests in scope, and Noerr-Pennington raised against lobbying discovery. Epic v. Health Gorilla: “Working as Designed” (Sep 9): Epic wants nothing to do with the data breach MDL, and explaining why puts fresh discovery on the public docket. The spiciest allegation: Health Gorilla told GuardDog to scrub its law firm business from its website instead of cutting off access. Veeva v. Epic: Legal Bypass Surgery (Sep 15): Veeva asks the Wisconsin Supreme Court to skip the Court of Appeals, while law professors and three policy groups line up as amici. Meanwhile, Epic’s lawyers apologize for another round of citation errors, including a quote that never existed. Texas v. Epic: Behind the Black Bars (Sep 17): The court portal served up Epic’s unredacted filings, revealing a $5 million document review budget and the AI workflow behind it. Also inside: the 200-plus company names Texas wants searched, and one very expensive Zoom invitation. OpenEvidence v. Doximity: Consequences Will Follow (Sep 25): OpenEvidence tells the court it will not comply with a discovery order, and its own lawyers at Quinn Emanuel say they won’t defend the choice. Add years of Slack reported unrecoverable, and Rule 37 sanctions come into view. Health Tech Keeps Choosing Violence (Sep 28): Doximity moves to end OpenEvidence’s case, Epic asks Texas to show its work, and a sleepy Audacious Inquiry patent fight sprouts antitrust and information blocking counterclaims. The main event is a long-sealed Cognizant v. Infosys ruling that hints where system of record antitrust claims can survive. EHRs One Verb for Oracle Health (Sep 14): Oracle’s earnings call quantifies every data center to the decimal point, while Oracle Health gets a single verb: “accelerate.” Panning the few healthcare mentions turns up an agentic care management system, a research-to-care ledger play, and the question of whether healthcare gets Larry’s patience. Epic’s Forretress Under Siege (Sep 30): Judy Faulkner tells a panel Epic paused hundreds of projects to harden its software and calls it a “shame,” while a spokesperson insists the roadmap hasn’t changed. Project Glasswing, a Pokémon-branded QAN sprint, and a trove of Jodel grievances reconcile the two Epics and preview the Jevons paradox coming for all software. Industry Analysis Scanning for a Network (Sep 1): Scan.com raises $220M to build the imaging network labs never got, speedrunning Zocdoc’s consumer-to-B2B pivot. Its wedge to network density may be the most American one available: personal injury litigation. The Front Desk Wants the Damn Whole Building (Sep 16): Hello Patient buys Converse Health, pushing its AI front desk into referrals, chart work, and prior auth. The copilot categories keep blurring, and your distribution partner is still your final boss. Cross-industry Comparisons A Different Patchwork Quilt (Sep 10): Healthcare loves to envy open banking, but the US version has no mandate, a toll booth at Chase, and data quality problems of its own. The grass isn’t greener; it’s another American patchwork quilt, and perhaps a worse one. Hail, Benihydra (Sep 21): Salesforce brings its platform into Claude, Slack, and its own agent, inviting the interfaces that might replace it. Cut off one head and more grow back, so long as the records underneath stay put. Living on A Trade Secret Prayer (Sep 22): Six credit unions are suing Fiserv, the Epic of core banking, by claiming their own member records as trade secrets. Banking has no Cures Act, so its lawyers reach for legal alchemy that healthcare has already tried. Other News None this month External Media Nabla Accelerate NYC: I kicked off fall conference season at Nabla’s Accelerate event in New York, where Delphine Groll opened by asking the room to picture the company it wants to become and the one it doesn’t. I liked her framework of bureaucracy, fear, and ego as the blockers. I also love vendor conferences/events in general - different vibe than industry biggies. Healthcare 101 with Nikhil Krishnan: I briefly guest lectured Out-Of-Pocket’s Healthcare 101 class. Appreciated Nikhil’s takeaways cover whether AI doctors can query HIEs, why healthcare’s data-liberation rules beat most industries’, and the hi-res graphic is in the comments. HCN: Epic Probed by the FTC: I joined the HCN guys to talk through the FTC’s investigation into Epic. Cedric’s new hairdo was an unexpected plot twist. The episode also covers MFN drug pricing, healthcare M&A and Eli Lilly’s acquisition streak. Fall Conferences: At eHealth Exchange’s Annual Meeting in Austin on Oct 27, I’ll moderate a panel on the tensions between AI, HIEs, and timely patient access with Jean Ross (Primary Record), Therasa Bell (Kno2), Byron Crowe (Doctronic), and Michael Marchant (Freenome). Here’s the rest of my schedule if you want to meet up: CommonWell (Redwood Shores, CA): Oct 13-14 Will be participating in a fun Jeopardy event Open@Epic (Madison, WI): Oct 20-23 Will be enjoying Verona, Willy Street, and other local adventures eHealth Exchange and Sequoia Project (Austin, TX): Oct 27-29 Yeehaw HLTH (Vegas): Nov 15-18 Groundhog Day, Venetian Edition RSNA (Chicago): Nov 30-Dec 2 See me at “Governing AI in Breast Imaging: What Health Systems Are Actually Doing” Digital Health Counsel 2026 AI Summit (Seattle): December 2-3 Will likely be speaking to a bunch of lawyers about information blocking Posts I Liked ChatGPT’s Epic integration: game changer or nothing burger?: Joshua Liu, MD offers five thoughts on OpenAI’s Epic launch, starting from the point that it rides the same open APIs available to anyone. He argues read-only access leaves ordering to Art and the ambient startups, and asks why HCA is piloting it alongside Commure. He’s sorta a must-follow at this point - consistently excellent, thought-provoking takes. Epic, Lilly, and the Discovery pass: Seth Chaney reads Epic’s first major Discovery deal (with Eli Lilly), as well as its revised developer terms on commercial displays, as the pipe finally opening between EHRs and pharma. Life sciences and health continue to collide. Scott Rossignol on EHR payer platforms and ePA fees: Scott argues the top ambulatory EHR vendors are turning the prior auth mandate into a per-member-per-year toll on payers, for an API whose operating cost has nothing to do with covered lives. His fix is two lines of regulatory text: put the CRD/DTR/PAS certification criteria in the Base EHR definition, and bring payer-facing ePA connectivity under § 170.404’s cost-based fee rules. It’s a good solution. Health API Guy is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Subscribe
Unfinished business: Stalled hotel construction in Solvang remains inactive amid yearlong litigation
More than a year after Solvang red-tagged his unfinished hotel, Ed St. George said he has no intention of raising a white flag over the dormant development. “We’re already 90 percent done. If we were 40 percent done, I would be willing to tear it down. But we are literally 90 percent done,” the developer […]
The Mental Health Association Data Breach Settlement Agreed
The Mental Health Association, a Chicopee, Massachusetts-based human services agency that provides substance use recovery and support services for The Mental Health Association, a Massachusetts-based human services agency, has agreed to a settlement to resolve class action litigation over a November 2024 cyberattack and data breach that affected 12,633 individuals.
The Senate passes the Protect College Sports Act, but the bill's future is unclear
The bill's supporters, which include the NCAA, say it will tame what they call a "Wild West" era of college sports as litigation chips away at long-held rules around eligibility, transfers and pay.
Health Tech Keeps Choosing Violence
Last week was an absolute dump of health tech litigation mayhem, with enough new filings to make my wife seriously question my bedtime reading. Here’s what’s inside: OpenEvidence v. Doximity: Doximity didn’t wait for the deadline. It wants OpenEvidence’s case thrown out entirely, and its motion adds some awkward details about vanished Slack data and borrowed NPIs. Plus, Epic v. Apple offers a look at what a normal discovery fight looks like. Texas v. Epic: Epic took another shot at the State’s antitrust pleadings, asking the court to make Texas spell out how its employment restrictions harm competition and why Texas law reaches a Wisconsin company’s noncompetes. Veeva v. Epic: The two Wisconsin law professors finally weighed in on whether a would-be employer can challenge someone else’s noncompete. Audacious Inquiry v. CRISP: Our sleepy patent case just evolved into a much more interesting form, with CRISP firing back with attempted monopolization and information blocking counterclaims. Cognizant v. Infosys: After weeks of emails and phone calls, I finally have Judge Starr’s sealed ruling on Infosys’s antitrust counterclaims. Some survived, offering clues about where the Epic (and other system of record) antitrust cases stand their best chance OpenEvidence v. Doximity
Alabama is taking TikTok to trial over teen mental health claims in a U.S. first
The trial, beginning Monday in Montgomery, is the first case against TikTok to reach a jury in sweeping social media litigation
First US trial against TikTok to test claims platform fueled teen mental health crisis
An Alabama jury will hear the state's claims that TikTok and its Chinese parent company ByteDance made the platform addictive to young users and misled consumers about its safety, in the first case against the company to reach trial in the sweeping litigation over social media's impact on teen wellbeing.
CVS Health; Criteo Agree to Pay $20.5 Million to Resolve Website Tracking Litigation
Settlements have been agreed to resolve class action litigation against CVS Health & Criteo and American Wellness Corp. The lawsuits stem from their CVS & Health and Criteo have agreed to pay $20.5 million to resolve class action litigation over the use of website tracking tools. American Wellness Corp. has agreed to pay $2 million to settle a similar class action complaint.
Banks Do Not Owe a Duty of Care to Non-customers in Business Email Compromise and Wire Fraud Cases
Business email compromise (BEC) and other third-party fraud inducing funds transfers have generated a wave of litigation against banks: not just those
AI Boom, Politics, Inflation Stoke Anxiety Across Big Law
AI’s ascendance, polarized politics, and stubborn inflation are weighing down legal professionals, survey shows.
Gordon Rees, Maynard Nexsen Grow Business Litigation Expertise in the Southeast
Baker Donelson also grew its Birmingham office with a two-attorney equipment finance team.
Whether you like it or not, celebrities have an impact on politics
The global groundswell of support for Macklemore’s pro-Palestinian advocacy serves to remind us that maybe celebrity activism really is that deep after all, writes Cheek’s Varsha Yajman. Subscribe In the last week, publications, podcasts, and influencers that have either rarely or never spoken about Israel’s genocide in Palestine have flooded my social feed. And it was all because singer Ed Sheeran and his team dropped Macklemore as his opener for saying “Free Palestine” on stage. Millions raised, millions speaking up in support of Palestine - all of this confirming my view that, whether I like it or not, celebrities do have an impact on political outcomes. And this is interesting when much of the time celebrity activism can induce an eye roll - I love to see Charli XCX pointing out a Palestinian flag in the crowd, but it’s hardly the bold symbol of allyship that some fans would make it out to be. But there’s a line between healthy scepticism and outright dismissal - and I’d argue that the latter lets the rich and powerful off far too easily. For instance, actress Jennifer Lawrence, once outspoken about her political views, last year told The Times she no longer believes celebrities have a role to play: “Celebrities do not make a difference whatsoever on who people vote for. So then what am I doing? I’m just sharing my opinion on something that’s going to add fuel to a fire that’s ripping the country apart.” While it’s a narrative she might find comfort in, it simply is not true. Grassroots movements often garner worldwide attention when celebrities and other high-profile spokespeople bring a mainstream platform to their causes. And this frustrates me. We have had three years of a live-streamed genocide. Macklemore himself has been calling for a Free Palestine long before he booked the Sheeran concert. Yet it’s the high-profile fallout of the last week that finally seems to have made saying “Free Palestine” socially acceptable in the mainstream. It feels like the collective mood has shifted, where calling out censorship is now the obvious response - not just the business of ‘radical’ activists. To recap, Sheeran’s decision followed an ultimatum from billionaire Robert Kraft, owner of Gillette Stadium, one of the venues Sheeran was scheduled to perform at: either drop Macklemore as your opener after only two of the eight scheduled shows, or you do not play at any stadiums. Sheeran’s disappointing decision to stand on the side of billionaire-led censorship has ultimately seen a surge in support for Free Palestine. It began when all his openers and his backing band pulled out of Sheeran’s tour, in solidarity with Macklemore and with the Palestinian cause. It was met with an uproar of support from those who had never or barely touched politics before: influencers lip-syncing to Macklemore’s music, singers like Jack Antonoff singing “Free Palestine,” and publications and podcasts standing with Macklemore. And finally, we saw material support: Macklemore donated $1 million in profits from his two nights opening for Sheeran’s tour to several Palestinian aid groups and called for Sheeran and Kraft to match it, which they have since promised to do. We’ve also seen children’s entertainer Ms Rachel follow suit with a $1 million donation to Palestinian aid, and publication PopBase has donated $10,000. Anera, a humanitarian aid group working in Palestine, Lebanon, and Jordan, said donations since Macklemore’s announcement were more than triple this month’s daily average. The group’s Instagram page has also gained 8,000 followers. Macklemore far from the first celebrity to speak and participate in politics in the Western World. In 1924, singer Al Jolson supported Republican candidate Warren G. Harding for president, and decades later, celebrities such as Harry Belafonte, Lena Horne, and Aretha Franklin voiced their public support for the Civil Rights movement. More recently, in the lead-up to the 2024 US election, ‘The Daily Show with Trevor Noah partnered with the organisation Power the Polls to recruit poll workers to address shortages- a problem disproportionately affecting voters of colour. The campaign saw 170,000 new sign-ups - 35,000 of which came directly through the TV show’s link - resulting in the recruitment of 713,000 total poll workers that year, an almost three-fold increase on the organisation’s goal. Alongside recruiting workers, celebrities in the US (where voting in elections is not compulsory) have made a huge difference by calling for people to register to vote. Taylor Swift’s endorsement of Kamala Harris in 2024 saw over 400,000 visitors on the voter registration site within 24 hours of her Instagram post. In 2023, Swift had urged her fans to register, resulting in 35,000 new voter registrations. Similarly, Ariana Grande promoted voter registration in 2019 by setting up booths at concerts on the American leg of her tour, resulting in over 33,000 voters registering. And the same thing is happening closer to home. This year, musician Jack River successfully called for government action to ensure creatives in Australia do not have their work scraped by generative AI companies. Celebrity as the mediator between the punter and the politician Celebrity activism isn’t just a feel-good news story - research tells us it actually makes a difference. By directing attention to issues affecting the average person, like voting inaccessibility or a lack of action on a genocide, researchers Alfred Archer and Amanda Cawston state that “celebrities can play a useful bridging role between political elites and the people they represent”. Alternatively, in a world where talking about politics is “not cool,” or where people lack exposure or knowledge to engage with politics, celebrities can act as an educational resource or an entry point into the political world - when they speak up about an issue, their audience gets exposed to it. Olivia Rodrigo’s Daisy Chain Fields festival is a perfect example. Rodrigo partnered with twelve organisations focused on women’s issues, such as reproductive rights. These organisations had stalls at the festival for people to meet them and were also featured heavily on social media, giving their issues global attention and raising $20 million for the organisations. We have also seen celebrities at award shows such as the Emmys wearing F*CK ICE pins, referring to the U.S. Immigration and Customs Enforcement’s treatment and detainment of people - generally people of colour. When celebrities speak up about political issues in public forums, they put the issue at the forefront of mainstream media, rally their supporters, and make it clear that, however much they disagree, the government cannot simply ignore it. Our over-reliance on celebrities versus our politicians As much as I love seeing my favourite celebrity use their platform for a good cause, there is an important question to ask: not whether celebrity activism is good or bad, but whether we should have to rely on celebrities. And the answer would, in an ideal world, be no. In an ideal world, or merely a just world, action on Palestine would’ve happened decades ago, climate change would be taken seriously, and most importantly, people would understand their democratic rights. However, that is not our reality. Only around 28 per cent of Australian Year 10 students reach proficiency in civics and citizenship. In the US, almost two-thirds of people under 30 say high school civics education didn’t prepare them to understand voting deadlines, how to research candidates, or how to vote by mail. When civics education is weak, our trust in these institutions and our understanding of change-making processes also decline. This is where celebrity steps in and becomes our main source of reliance. As Mary R. Connelly notes in _The Tartan, “_Celebrities will always be involved in campaigns in one form or another, but their presence is not what causes people to vote blindly. The lack of political engagement and literacy is what allows celebrities to wield their influence on the political sphere so impactfully.” About the author Varsha Yajman is the Digital Content Producer at Cheek Media. She is a youth advocate and lawyer with a background in climate litigation and is passionate about looking at the intersection between race, climate justice, and mental health. Thanks for reading Cheek Media Co. ! This post is public so feel free to share it. Share
North Bay firms urge Newsom to sign website privacy lawsuit reform bill
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Science Vs on the 49ers Substation: Anatomy of a Hatchet Job
In August, Pablo Torre Finds Out and Science Vs released an episode about my theory that electromagnetic fields from the electrical substation beside the 49ers facility may be contributing to the team’s run of soft-tissue injuries. As the originator of the theory, I was also a subject of the episode. I sat was interviewed by Wendy Zukerman and Rose Rimler of Sciene Vs. I sent them research, connected them with scientists, and spent hours digging through the City of Santa Clara’s and Silicon Valley Power’s records to help clarify critical details. Both Wendy and Rose came off as affable and professional, showing curiosity during the interviews, with Wendy going out of her way to question the “conspiracy theory” framing itself. Then they titled the episode We Solve the 49ers Viral Conspiracy Theory. I was familiar enough with their catalog that I never expected them to agree with my theory, but I did expect them to give it a fair hearing and to deliver their findings honestly. On both counts they came up short. They were not directly dishonest in anything they said, but rather in what they left out, in how what remained was cut, and in the picture painted by those two things in combination. They asked me to recorded the interview on my phone for better audio quality, and I held on to my copy for reference later. That turned out to be a fortuitous decision. Here is the raw audio of my first interview, unedited*. Only my side was recorded, so their questions aren’t on it, but you can generally infer them from the answers, and every claim I make below about what I said can be checked against my statements in this clip. (Note: Wendy had connection trouble at the beginning of the interview and was cutting in and out, which accounts for the false starts.) 0:00 -1:19:13 Audio playback is not supported on your browser. Please upgrade. Science Vs is a fun show. It is pitched at roughly a high-school understanding of science, for an audience that is skeptical, Snopes-oriented, and worried about misinformation. Take a claim circulating online, interview a supporter of the claim, interview consensus scientists, and then tell people which side of the line it lands on. I have listened to their episodes on raw milk, seed oils, 5G and other contested issues in the wellness space. I have problems with all of them, but each at least made an honest attempt to represent the actual range of scientific opinion by talking to credentialed scientists with differing perspectives. Dissenting researchers were heard from, answered, and often given a chance to respond. This episode did not do that. This article is not a relitigation of the science. I have written extensively about that already. This post is for the record. It is simply an accounting of what was wrong with their episode. Contents Is there a power plant next to the 49ers practice facility? — the clearest single example of getting something objectively wrong For the record — a high-level overview of all of the problems with their investigation Draw your own conclusions — why they had to make this episode at all What they left out about childhood leukemia — the exposure threshold, and playing games with statistics to minimize sick children What they left out about the mechanism — the body of literature they refused to cover, and evidence for the mechanism used against it The scientists Science Vs interviewed and did not air — four credential scientists who support myhe theory, recorded and cut, or not even called How they misrepresented me and my case — an answer severed from its question, and three telling edits How you would actually study the injuries — it doesn’t actually matter which team is the most injured, overall The theory: magnetic fields, oxidative stress, and collagen Since the episode never states my theory, here it is below. Those who are familiar with my work can skip this section. Electrical equipment produces magnetic fields, and those fields induce faint electrical currents in anything that passes through them, including people. My argument goes further than induced current. Mitochondria — the structures that generate a cell’s energy — run on continuous flows of electrons and protons, and those flows carry faint electromagnetic fields of their own. Maxwell’s principle of superposition shows that when two fields share the same space, they add together. An external field does not need to be strong to alter an internal field, it only needs to be present. The electron transport chain inside the mitochondria leaks a small fraction of its electrons by design, and those become reactive oxygen species — free radicals, which healthy cells use as signals. External magnetic fields cause the rate of leakage to change, increasing free radicals. When free radicals accumulate faster than the cell’s antioxidant systems can clear them, the result is oxidative stress. Oxidative stress is a recognized driver of chronic illness, including cardiovascular disease, neurodegeneration, diabetes and cancer, and it is in every medical school curriculum. One of its ordinary effects in connective tissue is that it switches on matrix metalloproteinases — MMPs, the enzymes that break collagen apart — while suppressing new collagen synthesis. Tendons are made of collagen. An athlete loading his soft tissue heavily six days a week is already creating oxidative stress in the tendons, so the addition of magnetic field exposure compounds the damage and inhibits repair, making him more susceptible to injury when enormous force lands on a tendon in a fraction of a second. That is the theory. We know that EMF causes oxidative stress, and we know that oxidative stress degrades collagen. The only thing missing is a study showing that direct connection. I have never claimed certainty that the substation is contributing to the elevated injury rate. I do believe it is likely, and I believe it warrants caution, and that a revenue machine like a major NFL team can easily afford to remove the exposure out of precaution. Is there a power plant next to the 49ers practice facility? Here is the clearest single instance of the problem with this episode. It requires no knowledge of electromagnetic fields at all. This story first came to me through Jon Feliciano, a former 49er, in an interview on Willard & Dibs on 95.7 The Game. Asked about why the 49ers are always injured, he said players used to joke that it was the power plant behind the practice fields. Wendy Zukerman corrects him on air. “It’s important to say that it’s not a power plant near the 49ers site.” Torre then asks her to explain the difference between a substation and a power plant. Her answer: a power plant generates electricity and transmits it to a substation, which converts the voltage into something your house can use and sends it on to your home or your business. There are two problems with that. The first is that there is a power plant on that site. The Gianera Generating Station is a natural-gas-fired peaker plant owned by Silicon Valley Power, and it has been there since 1986. I have published aerial photographs of the location from 1987 in which the gas plant is the only thing standing, before the practice facility was even there. I even mentioned the gas plant in my first interview. (Feliciano has since gone on record about this issue, and it is clear he had the substation in mind rather than the gas plant.) The second is that her definition describes a distribution substation, and the facility beside the 49ers is not that. It is the Northern Receiving Station, which takes in bulk power from outside the city’s grid and delivers it to distribution substations. Silicon Valley Power’s own map distinguishes receiving stations from substations, and Rose Rimler even reads the label out loud in the episode when she walks through that map on air. A few minutes before the map segment, Zukerman tells Torre: “like I said, we fact check everything.” Well, maybe not everything. I made a mistake On the morning of July 6th, at 10:20, I sent Rose and Wendy two studies. During the interview I had been asked which human studies show oxidative stress from electromagnetic fields, and I had not been able to name one on the spot. Rose emailed asking for the studies, I quickly searched for a couple, and I wrote that I thought these were the most relevant from that search. Unfortunately, I was busy and did not read either one closely at first. I picked them because they were topically relevant — one on substation workers, one on power plant workers. Neither were great studies, and their problems go past the ones raised in the episode. That was careless on my part. There is context that did not make the episode, though. Before that email I had been on a Zoom call with Rose talking about EMF and oxidative stress, and I pointed her to Dr. Henry Lai at the University of Washington, who has spent years aggregating the literature on this question. His tallies show that roughly 90% of studies since the late 1990s find oxidative effects from electromagnetic field exposure — hundreds of studies, systematically counted. Rose told me she was already aware of his work. So when she asked for studies, I understood her to have the aggregate view already and that she would report anything within that context. Not reading those two carefully was still a mistake, but the larger mistake was assuming the episode would be based on a thorough review of the actual body of literature, rather than on whatever I happened to send that morning. The second email At 1:49 that same afternoon — three hours and twenty-nine minutes after the first — I sent them a second email that I had been preparing for a while. It was a structured document in six numbered sections, written in response to a request they had made two weeks earlier, laying out my entire argument with citations attached to every link in the chain. The episode aired on August 13th, five weeks later, and not a single item from the second email is in it. Here is how it opens: The full email is included at the bottom of this post in Appendix B. Nearly 1,500 words in total. It contains two named mechanisms with the physics behind them. Occupational studies in humans. The literature on oxidative stress and collagen. A section addressing the strongest counter-evidence against my own theory, which I raised myself. And a closing section stating plainly what the theory cannot yet show. My entire argument, in writing, with detailed citations for every claim, provided to them five weeks before broadcast, and none of it made it into the episode. That is the single largest omission, but it is not an isolated one. The whole episode is riddled with similar problems, and the conclusion they came to is not merely a difference of opinion about the scientific evidence. Through omission and through strategic editing, Science Vs misinformed its audience — about what the evidence shows, about what I argued, and about who they spoke to. That is a notable outcome for a show whose stated purpose is correcting misinformation. For the record I am not going to tell you that Science Vs set out to discredit me, or that they had come to their conclusion before they reported the story, or that they used misleading editing to make me look like a man retreating from his own theory. I cannot know what was in anyone’s head, and I am not going to pretend otherwise, either. What I can tell you is what is on the record. They asked me for evidence and aired the weakest thing I sent. They interviewed three scientists who supported my theory and aired none of them. They discussed childhood leukemia without ever saying the exposure level at which it appears. And they took an answer I gave weeks before Ken Karipidis, the one EMF scientist who was put on air, was interviewed, and placed it directly after his critique, where it comes off as a major concession. A friend of mine who has worked as a journalist for thirty years read that last one and called it sleazy. I agree with her. Those are just the four issues that are impossible to defend as pure editorial decision, but they are not the only issues. The most glaring issues stem from what they left out: The exposure level at which the childhood leukemia association actually appears — three to four milligauss, a number the episode never states despite it being much lower than what I measured. The mechanism itself: The episode gets as far as “oxidative stress could weaken collagen,” which leaves it sounding like speculation, rather than a known pathway. The second email, and all the studies in it. Dr. Paul Héroux at McGill, whose work my proposed mechanism rests on, whose contact details I supplied, and who was never called. Dr. Beatrice Golomb at UC San Diego, who runs a research group on oxidative stress and mitochondrial function and has specific expdertice in collagen, interviewed and not aired. Dr. David Carpenter at Albany, the most prominent academic voice on the harm from magnetic field exposure, interviewed and not aired. Dr. Joel Moskowitz at Berkeley, interviewed and not even credited. The specific, testable condition I put in writing that would make me abandon the theory. My own unprompted statement of the theory’s evidentiary gap. My caveats about my own measurements. My ranking of EMF as one factor among several rather than the only one. The new equipment installed at those facilities between 2010 and 2014, and the sharp rise in system load from 2013 onward. But that is not all. What they kept, they selectively edited to serve a narrative that was not served by the raw transcripts of the interviews. A description of thousands of commercial routers in a workplace, reduced to the Wi-Fi in your house. My own acknowledgment, multiple times, that "I'm not a scientist" clipped in an episode that spends considerable energy pointing out that I am not a scientist. And a qualification I volunteered about my own measurements, cut from my answer and delivered later by their EMF expert as a correction. Together their edit produce a portrait of a wellness guy with Wi-Fi phobia and two bad studies, backing away from his theory the moment a “real” scientist looked at it. A practice facility where nothing changed because no new substation was built. Injuries written off as random because the 49ers were not quite the single most injured team in the league over the period in question. That portrait is false even though almost no individual statement made in the episode is. Draw your own conclusions At the top of the episode, Pablo Torre says his show had been flooded with requests to investigate the substation — that it was the thing they were asked to look into over and over again. Neither show went hunting for this story. It arrived from their own audience, in volume, and it could not be waved off. A thread I posted on X reached twenty-two million people. A guy with a gaussmeter and a brand-new Substack obligated a Pultizer prize winning program to spend an hour on a question about player health, that is considered fringe enough that most media operations won’t touch it. Pablo Torre Finds Out could not ignore it. So Science Vs came in and ran a “debunking” operation instead of an investigation. Everything below is what had to be left on the cutting room floor to deliver the “debunking”. They could not ignore it. So they tried debunked it instead. The demand was strong enough to force an episode, and since the episodes release the 49ers have sustained more injuries, including season ending ones, and interest has only grown. Demand from fans and playets is strong enough to force a better investigation from someone else. An omission is not a lie until you find out what was omitted. What follows is the detailed record so you can see the full picture. Draw your own conclusions. I have drawn mine. I am going to keep publishing. A note about Pablo Torre Finds Out After the episode aired I posted publicly, calling out Pablo Torre Finds Out for concerns I had about the integrity of their investigation, and about an interview directly with Pablo Torre which had been offered but never happened. I have since spoken with a producer at PTFO. The offer had rested on a misunderstanding about where things stood between us, and it fell away as the Science Vs part of the production widened past the science. He apologized for the miscommunication and I accepted. The producer also confirmed to me that they did essentially hand off the entire investigation to Science Vs for narrative purposes — so Pablo would be genuinely curious or potentially surprised by their findings — while still taking responsibility for what went out under their name. I appreciated the candor and the accountability, and I am comfortable with where we left things. So this post is not about PTFO. My disagreement is with Science Vs. What they left out about childhood leukemia Childhood leukemia appears at three milligauss. They gave no number at all. 1. They built an EMF ruler, then discussed childhood cancer without it. The sequence on air went like this: First I measured almost 9 mG, then I measured up to 50 milligauss. Torre reacts with concern — “that sounds high.” Cut to Karipidis: the public limit is 2,000 milligauss. Torre reacts again — “What happens at 2,000?” Karipidis explains that nothing happens at 2,000, that safety factors are built in. Then: at more than 50,000 milligauss you get flickers of light in the retina, and higher still, nerve stimulation. The listener now has a ruler (their ruler) to measure these numbers with. Fifty is nothing by their ruler. Then the episode turns to childhood leukemia and states, accurately, that there is a real association — but tellingly, they never give the exposure level at which that association appears. Childhood leukemia appears at three milligauss. They conveniently left that out. The pooled analyses that produced the World Health Organization’s carcinogen classification found roughly a doubling of childhood leukemia risk above three to four milligauss. That is the number that belongs in that segment, and it is more than ten times below the reading that had just been dismissed as trivial. I gave them that number myself, on tape, in the interview. Describing my own threshold, I said my comfort level for long-term chronic exposure is three to four milligauss, but preferably one. 2. Six children in thirteen million. The episode reports that these fields might explain one to four percent of childhood leukemias, then reframes it as a German estimate of perhaps six cases among thirteen million children. Torre, to his credit, is uncomfortable. What never gets explained is why that number is small. Almost no children lives above three milligauss in Europe. Fewer than two children in a hundred, in the Italian data. So even if the risk to those children doubles, the number of additional cases across an entire country stays small — not because the hazard is small, but because hardly anyone is exposed to it. Count the whole population and the few who are exposed disappear. And the reason hardly anyone is exposed is that siting rules keep housing away from transmission lines. In Europe, at least. The Dutch government has a standing precautionary policy against building new homes in any zone where the annual average magnetic field exceeds 4 milligauss — the same number the episode never mentioned. Denmark and Norway treat 4 milligauss as the level that triggers a look at mitigation. That is five hundred times below the ICNIRP figure quoted on air. The United States has no federal equivalent. That is evidence of infrastructure siting policy working. It is not evidence that there is no hazard. It is evidence that we already act as though there is one. If you listen to the raw audio you will hear that my proposed solution is EMF exposure is to build better infrastructure. What they left out about the mechanism 3. They accused me of cherry-picking, and then cherry-picked themselves. On air, Zukerman tells Torre that people who worry about electromagnetic fields dismiss the studies showing null results and collect the ones showing harm, and that this is why you have to be careful not to cherry-pick. They had two papers I had rattled off in a hurry, and a second email containing a carefully chosen set. They ran the two weakest, graded them on air, and presented the result as the state of the evidence for not only my theory, but the whole question of oxidative stress from magnetic fields. That is cherry-picking from my emails. The bigger picture is what they did with the literature as a whole. Zukerman acknowledges it exists, dismisses it, and disposes of it in a single stroke. You can go online right now, she tells Torre, and find scores of studies showing these fields increase oxidative stress. The issue, she says, is that they are not studies in people. Many of them are in people. The occupational studies in my second email are in people. That email had been in her inbox for five weeks. She waved off the literature on a factual claim that the documents in her possession contradict. (I have written separately about the evidentiary standard at work here). The effect was that they essentially baited me: ask the subject to supply the evidence, take the weakest thing he sends, and let that stand as a proxy for the whole argument. Wendy has been doing this show for ten years and clearly knows how to extract what she needs for her desired narrative. 4. They presented the collagen-improvement research as a gotcha, but I had already addressed it. The episode treats the existence of studies showing that EMF can improve collagen as a surprise that undercuts me, but I had pre-emptively addressed that five weeks earlier in the email they ignored. Those studies use measured, high-intensity pulsed dosing. The mechanism by which they work is oxidative signalling. The cell reads a controlled rise in reactive oxygen species as a warning, upregulates its antioxidant defenses, mounts a repair response, and the therapy stops before the system is overwhelmed. The key point is that it induces an oxidative response, which means those studies are actually evidence for my proposed mechanism, not against it. A field that produces a therapeutic effect cannot be biologically inert (which is the implication when they say “Nothing happens at 2,000 milligauss). Chronic ambient exposure is the same pathway with no off switch, and it is most consequential during the evening and while sleeping, when the body is in repair mode and the exposure does not stop. Section 5 of my email is titled What about the study showing improved collagen synthesis. I raised the counter-evidence myself, explained why I did not think it refuted the theory, and wrote that I was disappointed the question had not come up in the interview. That is worth holding against the cherry-picking charge in the item above: the studies they presented as inconvenient for me were studies I had gone out of my way to put in front of them. 5. Section 1 of my email stated a critical argument that was never put to the expert directly responsible for it. My email says the exposure limits exist to prevent acute effects and do not address chronic exposure at all, and that my dispute is with the entire framework. Zukerman gestures at this once. After Karipidis gives the 2,000 milligauss figure, she tells Torre that I would object because those levels do not capture “more subtle effects.” That is not my argument, and “subtle” is doing a lot of work here. My argument is that the limits are built to prevent acute effects — nerves firing, muscles twitching, etc — and were not designed to address chronic exposure at all. In fact, ICNIRP’s own documents state as much themselves. Mine is a structural objection to what the standard measures, reduced as a concern about subtlety, it becomes a matter of degree, rather than a categorical difference. They interviewed Ken Karipidis, vice chair of ICNIRP — the body that writes those limits. He was asked what the limit is, but he was never asked how it applies to chronic exposure. The scientists Science Vs interviewed and did not air 6. They interviewed four officials of the standards body. The episode credits roughly a dozen researchers. Four of them are associated with ICNIRP. Ken Karipidis is the vice chair. Rodney Croft chaired ICNIRP from 2020 to 2024 and led the development of its current guidelines. Dan Baaken is ICNIRP’s scientific secretary. Frank de Vocht sits on the Main Commission. One of them speaks in the episode. Their institution’s position is more than adequately represented — the 2,000 milligauss figure, the safety factors, the assurance that nothing happens below the line. 7. The four who were left out. Dr. Beatrice Golomb is Professor of Medicine at UC San Diego — a physics undergraduate degree, a PhD in biology, an MD. She directs a research group whose stated focus is the relationship between oxidative stress, mitochondrial function and health. That is the mechanism the episode spent its first half dismissing. Her published work includes the fluoroquinolone case series behind the FDA’s black box warning on an antibiotic class that ruptures tendons, where the accepted mechanism is oxidative stress and mitochondrial toxicity — the back half of my chain, already on a drug label. She is in the credits. She is not in the episode. She has told me she finds my theory biologically plausible, and that she has a recording of her interview. Dr. David Carpenter directed the Institute for Health and the Environment at the University at Albany for decades and is the most prominent academic voice arguing these fields cause harm. Childhood leukemia is the reason these fields carry a WHO classification at all, and Carpenter is the person you call if you want that case made by someone who has spent a career on it. He is in the credits. He is not in the episode. He has told me that when he was interviewed they could not have been less interested in what he had to say. Dr. Joel Moskowitz directs the Center for Family and Community Health at UC Berkeley’s School of Public Health. He told me directly that they interviewed him and that he thought it went well. He does not appear in the episode, and unlike Golomb and Carpenter, he does not even appear in the credits. Dr. Paul Héroux at McGill is the researcher whose work provides the foundation for the oxidative stress mechanism my theory rests on. I gave Rose his email address and phone number. He was never interviewed. They never even called him. 8. “He’s not a scientist.” The episode leans hard on the fact that I am not a credentialed scientist. Zukerman says it. Torre repeats it. “At all.” Having built a segment on that, they then left out the physicist-biologist-physician, the professor of public health, the director of a university environmental health institute, and the McGill researcher whose work the primary mechanism comes from. They spent the episode telling their audience I am not a scientist, and then kept four actual scientists who support the theory off because their argument does not survive otherwise. How they misrepresented me and my case 9. They played my words as a response to an interview I had never heard. Near the end of the hour, Zukerman says she went to me and told me the evidence was lacking. Then she plays me saying I am not wedded to it being an EMF, that I have staked my reputation on it needing more study, and that I am not certain of anything. That segment was placed immediately after Karipidis had finished taking the cherry-picked papers apart. It plays as a man folding under expert scrutiny. Commenters have used it against me since, but it is incorrect. Here is the sequence as it happened. I was interviewed. Karipidis was interviewed weeks later. I was never told what he said, or even who he was. I was never asked to respond to it. I did not know his name until the episode aired. That is not a simple editing decision. That is a quote from one interview, moved to follow a critique from a different interview it was not a response to, so that it would land as a concession. A friend of mine who has spent thirty years as a journalist read that sequence and called it sleazy. She is right. The full passage is reproduced in Appendix A, and it is worth reading. What airs is the preamble. Four paragraphs later I say “to directly answer your question” — and that answer, about what would change my mind if the team relocated, is not in the episode. Neither is the sentence two paragraphs on, where I say the EMF might turn out to be ten percent of the problem. I will say the underlying point again, though, because I meant it and I still do. I am not wedded to my theory that magnetic fields from the substation are contributing to the 49ers injuries. I could be wrong. What I am wedded to is the process of scientific inquiry, and the fact that we should be cautious around these exposures and we need more independently funded studies. 10. Three telling edits. They cut “I’m not a scientist” mid-sentence. What I said: “...and I am not certain of anything. I’m not a scientist. To me, I find the mechanisms compelling. I will go back to the fact that I got into this not because of the 49ers, but because of clients I was working with who suffer from EDS...” What aired: “...and that I am not certain of anything. I’m not.” The clip ends on the first two words of the sentence in which I say I am not a scientist, in an episode that spends considerable energy establishing that I am not a scientist. The full sequence is in Appendix A. They cut my own description of my work. Asked what I do, I said I run a wellness business, that I am focused on writing software to help people navigate environmental stressors, that environmental health is my focus, and that I also do independent journalism and research. What aired is the wellness business and the environmental health, with the software and the journalism removed from my own answer. The software engineering does come up later — narrated by them, as a hacker who grew up to write firmware — but my current work, in my own words, arrives as “wellness guy.” Thousands of commercial routers became home Wi-Fi. What I described: working at a wireless networking company surrounded by thousands of Wi-Fi routers, and a stress-induced health collapse afterward that working in that environment contributed to. What aired: Wi-Fi, the kind you have at home — reinforced by a clip of Christian McCaffrey talking about turning his router off at night. Three cuts, and every one of them makes me seem less credible. That is not a coincidence. 11. I gave them my own caveats and the test that would disprove me. In the first email I wrote that a well-designed chronic, ambient-level exposure study in tendon showing no collagen degradation, run over many months, would undercut my confidence in the theory. That is a specific, testable condition, stated in advance and in writing. There was a second interview, weeks later, which was not used in the episode, but in that I asked again for the falsification criterion to be included. What the episode presents instead is a man saying “we need more study,” which reads as a hedge, an open-ended request for the benefit of the doubt. It is the opposite of a hedge. Section 6 of my second email says, unprompted, that as far as I am aware there is not a single study showing EMF-driven oxidative stress degrading collagen in a human in vivo or in human tendon in a lab. I wrote that because it is true and because it is the first thing anyone should check. Under their standard it becomes the hinge of the entire first half, framed as something they had to surface without my cooperation. I had handed it to them five weeks earlier. And in the interview I said that my 25 to 50 milligauss readings were taken at knee level, and that these fields attenuate quickly, so by the time it reaches your head it is not that high anymore. That did not air either. The qualification arrives later, from Karipidis, as a correction. How you would actually study the injuries 12. They measured the wrong thing. The episode spends its final act on whether the 49ers are the most injured team in the NFL, finds no clean ranking, and lands on “injuries are random”. That is the wrong test. You would define the exposure — measured field levels at the facility — and the outcome narrowly: soft-tissue injuries, not a single MSK injury count that a broken finger and a ruptured Achilles both land in. Then you would compare the 49ers to themselves before and after the exposure changed, and compare that change against every other team over the same window. That controls for league-wide shifts in rules, turf and training load. It is a difference-in-differences design, and it is standard. I sent them that argument on July 28th, in writing, along with the fact that in eleven of the past twelve seasons the 49ers had finished top ten in Adjusted Games Lost. And by the episode’s own reporting, the 49ers are second in games lost to injury over the past decade, with FTN’s Aaron Schatz confirming that once you adjust for starters they come out second worst in the league — after having been one of the healthiest teams for years before that. A finding like that is where an investigation starts, not where it stops. 13. I did a lot of substation research for the episode that was never aired. I had reported that the substation next to the facility was expanded in 2014. That was wrong, and Rose Rimler and I sorted it out together. They gave me credit on air, which I appreciated, but framed it as a concession on my part to something they had found. In fact I had been investigating it myself, was uncertain before they asked, but was waiting for clarification from Silicon Valley Power. The uncertainty centered around a substation named “Esparanca” that was proposed right behind the facilities as part of the stadium construction, but now appears to never have been built. I spent days in Silicon Valley Power’s records, and did eventually reach Silicon Valley Power for confirmation and indentified the mistake myself. I also gave them highly detailed documents on what we do know about those facilities: new equipment installed between 2010 and 2014, and load growth across the system with an inflection around 2013–2014, with the Northern Receiving Station carrying the highest capacity in the system and sitting closest to the data center corridor. None of that is in the episode. I have a separate piece about it coming out soon. *I cut 2 seconds from the raw audio to remove personal information that had no connection to anything in the episode. Appendix A: the passage the clip was taken from This is the sequence from my first interview, in full. The episode uses one fragment of it. It’s tricky because my understanding is that there’s something like a 15-year half-life on collagen remodeling issues. They’re going to get a new crop of players. What I really need, though, is for the injuries to be broken down so we can see the soft tissue injuries. Right now, they’re categorized as MSK injuries, but let’s say we can actually identify them more specifically. Is that right? He was able to do that? Oh, cool. I wasn’t able to find that information. Interesting — I didn’t know that data existed. I tried so hard to get it, and I didn’t know it was available. Maybe you could connect me with that person. That would be amazing. I’m not wedded to it being an EMF, honestly. I’m not. I would say that, to a certain extent, I’ve staked my reputation on the fact that it needs more study. It’s important to look into it, and I am not certain of anything. I’m not a scientist. To me, I find the mechanisms compelling. I will go back to the fact that I got into this not because of the 49ers, but because of clients I was working with who suffer from EDS, Ehlers-Danlos Syndrome, a tendon hypermobility issue. This condition is documented to be partially caused by oxidative stress. I’ve worked with them to mitigate their EMF exposure and have seen people improve. I think it’s a bigger story. In a way, the 49ers represent an occupational cluster with specific exposure risks. If someone would conduct a study on this, I believe we could learn a lot. Perhaps we would discover that it’s like, okay, maybe it’s 10% of the problem. I don’t know the exact number, but I think either way, conducting the study would provide valuable insights. To directly answer your question, it’s challenging for me because it’s part of a bigger story. If the 49ers move and stop having injuries, I might conclude that it was related to the substation. However, if they move and still experience injuries, I would want to analyze the nature of those injuries. Are they primarily soft tissue injuries? I don’t think it’s necessarily a case closed, but the story might lose traction at that point regardless. Three things are worth noting. The aired fragment stops immediately before the sentence in which I say I am not a scientist — the cut described in item 10. It also stops four paragraphs before the words “to directly answer your question.” What the episode plays is the throat-clearing. The actual answer, about what would change my mind, never airs. And two paragraphs in, I say the EMF might turn out to be ten percent of the problem. That is the ranking the episode says I never gave. Appendix B: the full email, July 6th, 1:39 PM Hi Rose, You asked me to send you some studies a couple of weeks ago. I apologize for the delay. I have been incredibly busy. I also wanted to give you a chance to dig in yourself, and get your own perspective before I influenced you too much with mine. That said, I do want to make sure that the actual argument is abundantly clear, so here it is! One note before I begin, there are really two separate questions here: Does the substation cause the soft-tissue injuries? That was my specific claim, and what the podcast is about. Is the theory biologically sound? Can 50/60 Hz fields at these levels do anything biological below the safety limits? Question two is why people have been calling me a conspiracy theorist. The regulatory and advisory bodies (ICNIRP, etc) maintain that anything below their exposure limits is biologically inert, and that position is broadly accepted within the mainstream, but the actual science paints a different picture. To defend my theory I’ve had to defend a much larger claim: that the advisory bodies have the biology wrong. I can’t honestly answer question 1 without first addressing that. Here’s is a simplified outline of my theory, with links to studies: 1. Advisory body thresholds for biological effects The ELF magnetic-field limits (ICNIRP’s ~2,000 mG public / 10,000 mG occupational) exist to prevent acute effects from exposure. If a magnetic field is strong enough, it makes nerves fire and muscles contract. Muscles twitch. You can see faint flashes of light in your vision. People can even feel tingling or even a shock. That happens due to Faraday’s law, which states that a time-varying magnetic field induces an electric field inside the body via the creation of Eddy currents.The standards assume that those currents do nothing below the twitch threshold. They do not consider chronic effects at all. My argument is that they are biologically active and do have chronic effects. 2. There are multipe ELF-EMF mechanisms for inducing oxidative stress. This is basic biophysics. Below are the two primary mechanisms. Simplest first. Dr. Paul Héroux of McGill has the most intuitive explanation, which rests on Maxwell’s principle of superposition: because Maxwell’s equations are linear, two sets of electromagnetic waves sharing the same space simply add together. In the interview I pictured a pebble dropped into a pond, sending out clean ripples. Then a boat motors past at distance, sending larger waves, and where they meet the ripples, the two add together and the original pattern gets distorted. In our cells, the mitochondria run on continuous currents of electrons and protons that carry their own faint electromagnetic fields. An external field from a substation, by the principle of superposition, adds to those internal currents and shifts the pattern. The electron transport chain in the mitochondria leaks a fraction of its electrons by design as reactive oxygen species (ROS), which act as signalling molecules in a healthy cell. Distorting that field increases that electron leakage, creating oxidative stress. A tiny electromagnetic interference results in a large downstream effect. https://www.sciencedirect.com/science/article/pii/S2405844025006474 The more complex pathway is Dimitris Panagopoulos’s Ion Forced-Oscillation / Voltage-Gated Ion Channel (IFO-VGIC) mechanism. Weak, polarized, low-frequency fields force the ions (calcium, potassium, sodium) next to an ion channel’s voltage sensor to oscillate; because that force scales with the inverse cube of the distance involved, fields far below the stimulation threshold can still force the channel open, disrupting the cell’s ion balance and driving ROS overproduction (Nitric oxide and superoxide interact and produce peroxynitrite, a highly unstable cytotoxin that breaks down into free radicals). https://www.researchgate.net/publication/366088934 https://www.spandidos-publications.com/ijo/59/5/92 https://www.mdpi.com/1422-0067/22/18/10041 https://www.frontiersin.org/journals/public-health/articles/10.3389/fpubh.2025.1585441/full https://pmc.ncbi.nlm.nih.gov/articles/PMC3772193/ 3. Evidence of oxidative stress, in vivo, in humans from ELF-EMF There are many studies, and the strongest are occupational, which applies to the 49ers situation. 115 power-plant workers vs. 145 office controls. Serum malondialdehyde (MDA, the standard lipid-peroxidation marker), superoxide dismutase, and catalase were all significantly higher in the exposed group, and the markers rose with increasing field exposure. https://journals.sagepub.com/doi/abs/10.3233/WOR-203244 A follow-up where they reversed the oxidative stress in power plant workers. A double-blind randomized controlled trial: 91 power-plant workers given vitamin E, vitamin C, both, or placebo for 90 days. The antioxidant groups showed reduced lipid peroxidation and raised antioxidant capacity versus controls. https://pubmed.ncbi.nlm.nih.gov/32191586/ A spot-welder study: 46 welders occupationally exposed at 50 Hz, showed significantly altered red-blood-cell antioxidant enzyme activity and concluded ELF-MF “might act as an oxidative stressor… even at the recommended levels of exposure.” https://pubmed.ncbi.nlm.nih.gov/18504600/ A substation-specific study found oxidative stress and DNA damage https://pubmed.ncbi.nlm.nih.gov/24460415/ 4. Oxidative stress degrades collagen This half isn’t controversial at all. Oxidative stress activates the matrix metalloproteinases (MMPs) that break collagen down and suppresses its synthesis. Here are three example studies: Siwik et al. 2001: Oxidative stress raises MMPs and lowers collagen synthesis in cardiac fibroblasts. https://pubmed.ncbi.nlm.nih.gov/11121376/ Fisher et al. 2009: Collagen fragmentation drives oxidative stress and elevates MMP-1 in aged human skin. https://pmc.ncbi.nlm.nih.gov/articles/PMC2631323/ Varani et al. 2006: Decreased collagen production in oxidatively aged skin. https://pubmed.ncbi.nlm.nih.gov/16723701/ 5. What about the study showing improved collagen synthesis I’m glad you asked this question, and I’m bummed we didn’t get to it in the interview because it is a great question, and very important to understand. Superficially it may appear to be a refutation of my theory, but I would argue that it actually supports the underlying argument. That study used a short, high-intensity pulsed dose: therapeutic-PEMF, the same type of field used clinically to stimulate bone and tissue healing. The reason this works is because it triggers the very same biological pathways that can lead to oxidative stress. The exposure still stimulates ROS production, but done at a controlled dosage, for a limited duration it has a different effect. The cell reads the ROS as a warning signal and it upregulates its antioxidant defenses, and mounts a repair/proliferation response. The therapy is then stopped before the cell gets overwhelmed. That is essentially a hormetic response: a small dose of a stressor producing a beneficial adaptation. Two things follow: At the very least, this means the field is biologically active, which by itself undercuts the regulatory claim that these fields are inert below their thresholds. There is a wealth of literature on PEMF (pulsed EMF) bone regeneration and calcium channel signalling (which is the second mechanims in section one). Here is one. https://www.nature.com/articles/srep13856 At best, it leads us straight to my actual concern, which is that under chronic, chaotic and unregulated exposure, the cell’s antioxidant capacity gets overwhelmed, resulting in oxidative stress. There are plentiful examples of things that are beneficial at controlled doses, but harmful at uncontrolled doses. Excecise is one obvious, uncontroversial example. Botox is perhaps a more interesting example. 6. What about a study that shows EMF causing collagen degradation in humans? As far as I am aware there is not a single study showing EMF-driven oxidative stress degrading collagen in a human, in vivo, or in human tendon in a lab. There are studies involving isolated fibroblasts though, which secrete collagen. The most relevant one showed that human fetal scleral fibroblasts exposed to 50 Hz ELF-EMF showed a significant decrease in collagen synthesis and that MMP-2 expression was upregulated, which is the exact mechanism I described in section 2. https://pmc.ncbi.nlm.nih.gov/articles/PMC3626379/ That’s it! Thanks again for the interview. Best, Peter Anthony Cowan Environmental Health · Wellness Tech · Researcher & Journalist Publisher & Editor, Living Energy Bio: petercowan.comSocial: X · Instagram · TikTokApp: sunlightis.lifePhone: [redacted]
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Please Stop Conflating Sports Betting Handle With Spending On Entertainment
Editor’s note: The Cashout for paid subscribers will publish on Tuesday. Every September there’s a huge uptick in how much people bet on sports with the start of football season. Which means it’s time to get ahead of a ridiculous narrative before it picks up steam on social media or in mainstream media. Subscribe Every few months I see some version of this: [ Charlie Bilello@charliebilello Americans bet over $165 billion on sports last year, which is more than they spent on movies, books, concerts and sports tickets - combined. 1:00 PM · Jun 28, 2026 · 4.1M Views 258 Replies · 674 Reposts · 4.23K Likes ](https://x.com/charliebilello/status/2071217050328895935?s=20) Fortune published this in July. The headline and start of the story tell the same narrative (emphasis added): Gambling becomes America’s favorite pastime as Americans spend more on sports bets than movies, arts, museums, and music combined: The North American box office totaled $8.87 billion in 2025, which is still 22% below pre-pandemic levels. Recorded music revenue hit a record $11.5 billion. Live music like concerts and festivals brought in $18.51 billion. Meanwhile, book publishers tracked by the Association of American Publishers reported $14.6 billion for the year. And the U.S. museum industry generated an estimated $16.4 billion. Add it up and the total comes to roughly $70 billion, which is less than half what Americans wagered on sports. The story, to its credit, goes on to tell us why sports betting is entirely different, although people who only read headlines will miss that nuance. (The tweet above definitely skips over the nuance.) I will mostly be preaching to the choir here, but it’s worth saying out loud: Wagering money on sports is not the same thing as spending on entertainment from a financial perspective. When you spend money on a movie or concert ticket, that money is gone. You exchanged money for an experience. It’s a good trade! I get to have fun for “x” dollars. (Unless the movie sucks, I guess.) When you bet money on sports, the money is not necessarily gone every time you wager it. It could be gone, but sometimes it’s not and you actually get more money back! That’s not “spending” money or something you should try to compare directly to entertainment spend. A far better comp would be how much people lose at sports betting. That number was more like $17 billion in the US last year, at least for state-regulated sportsbooks. Why are we trying to equate handle and entertainment spending? I dunno. It makes for splashy headlines, I guess. Now, people should be betting for entertainment, and not because they expect to win in the long term; no doubt about it. Anyway, here’s hoping I don’t see people saying Americans “spent” hundreds of millions of dollars on sports betting this fall. Mindway AI and DraftKings Expand Responsible Gaming Drive with Launch of Gamalyze American Football In time for the NFL kickoff, Mindway AI has expanded its partnership with DraftKings to launch Gamalyze American Football the second title in the neuroscience-based Gamalyze Sports collection. Following the success of Gamalyze Football (soccer) during the FIFA World Cup, this gridiron-themed update replaces static questionnaires with immersive, stadium-inspired gameplay. Backed by 10+ years of Aarhus University research, Gamalyze evaluates real-time decision-making to deliver instant, unbiased player risk assessments. Integrated into DraftKings’ platform and nationwide activations, it engages fans when excitement peaks. Ready to upgrade your player protection? Contact Mindway AI to try Gamalyze Sports today. Gambling news roundup 🚨The important stuff 1st NFL Sunday of Season ‘Champagne-Popping Day for Bettors’ (Covers): “The first NFL Sunday of the season was a champagne-popping day for bettors, while the book was left cleaning up the corks,” Caesars’ head of football Joey Feazel said prior to the Sunday night game. “Caesars Sportsbook reported that Detroit’s Jahmyr Gibbs, Baltimore’s Derrick Henry, Indianapolis’ Jonathan Taylor, and Atlanta’s Bijan Robinson were among the top five most-bet players to reach the end zone, and all of them cashed tickets.” [ Ben Fawkes@BFawkes22 A @CaesarsSports oddsmaker on how Week 1 has gone so far: “The first NFL Sunday of the season was a champagne-popping day for bettors, while the book was left cleaning up the corks.” ➡️8 of 10 most popular anytime TD scorers cashed 1:31 AM · Sep 14, 2026 · 276K Views 16 Replies · 16 Reposts · 615 Likes ](https://x.com/BFawkes22/status/2099310001927995849?s=20) 🔍 Are we already getting a “customer-friendly results” narrative in Week 1? NFL Commissioner Roger Goodell spoke with CNBC about the prediction markets industry: “We think that there needs to be stronger regulations into the predictive markets,” Goodell said. “We want to see that to protect the integrity of our game. We want to make sure we’re protecting the consumers that are on those platforms for the NFL. So, we’re continuing to have conversations with them and talk to them about the things that we think they need to do to strengthen that so that they could be potential partners at some point in the future.” More on the NFL + PMs: [ Straight to the Point Quid Pro Quo The NFL has asked Kalshi and other prediction markets to remove certain easy to manipulate markets. Does a potential partnership hang in the balance… Read more 6 hours ago · 19 likes · Steve Ruddock ](https://straighttothepoint.substack.com/p/quid-pro-quo?utm_source=substack&utm_campaign=post_embed&utm_medium=web&embedding_publication_id=1472492) Kalshi was on my podcast?: Kalshi was on my podcast [ The Event Horizon Episode 32: Talking Prediction Market Enforcement With Kalshi’s Robert DeNault Kalshi? On my podcast? Yep… Listen now 5 hours ago · 6 likes · 1 comment · Dustin Gouker ](https://nexteventhorizon.substack.com/p/episode-32-talking-prediction-market-enforcement-kalshi?utm_source=substack&utm_campaign=post_embed&utm_medium=web&embedding_publication_id=1472492) DraftKings Enhances Responsible Engagement Efforts With New Customer Initiatives, Tools and Education (press release): DraftKings Inc. today announced a series of new initiatives designed to promote responsible engagement and increase awareness and use of the tools and resources to help customers make informed decisions and engage responsibly. The efforts include a new digital advertising campaign featuring Kevin Hart and Nick Jonas that promotes responsible engagement, a PGA TOUR sweepstakes that promotes customer engagement with responsible engagement features, the launch of Gamalyze American Football in collaboration with Mindway AI, and new custom cool-off options that give customers enhanced flexibility when choosing a cool-off period. The initiatives build on DraftKings’ commitment to making responsible engagement an integral part of the customer experience and providing players with accessible tools and resources that help them make informed choices about their gaming experience. “At DraftKings, responsible engagement is embedded in how we operate and is essential to building trust with our customers and our long-term sustainability,” said Lori Kalani, Chief Responsible Gaming Officer at DraftKings. “We’ve continued to invest in tools and resources that give customers enhanced access to information about their play and more choices for managing how they engage. From My Budget Builder and My Stat Sheet to player-set limits and new custom cool-offs, we’re continuing to evolve our approach while promoting awareness and use of the tools and resources available to help customers play responsibly.” … DraftKings is launching a new digital advertising campaign featuring Kevin Hart and Nick Jonas that continues the pair’s road trip and promotes responsible engagement and awareness of the tools and resources available to help customers make informed choices about their gaming experience and engage responsibly. The campaign was initially launched on Sep. 10th and will reach customers through digital channels, bringing responsible engagement messaging to fans in an engaging way. bet365 Launches “The Matchup,” a New Weekly Video Podcast Hosted by Super Bowl Champions Chris Harris Jr. and Emmanuel Sanders (press release): "bet365, a global leader in online sports betting and gaming, today announced the launch of “The Matchup,” a new weekly video podcast hosted by former Super Bowl Champions Chris Harris Jr. and Emmanuel Sanders. Featuring current and former NFL players, the original series marks a significant, intentional investment in football as bet365 works to become a go-to destination for U.S. bettors throughout the season. “The Matchup” premieres September 10, with new episodes released weekly in both video and audio formats. Full episodes will be available on YouTube, Apple Podcasts, Spotify and wherever podcasts are available, with clips and additional content rolling out across YouTube, X, Instagram, Facebook, Threads, and TikTok. The show is being produced by Last Row Digital Media. Each week, Harris and Sanders will be joined by guests from across the game to break down the biggest NFL matchups, unpack the latest league news and share perspectives that go beyond the box score. By bringing together two former players with distinct perspectives and firsthand experience, “The Matchup” will give audiences timely context and a deeper understanding of the teams, players and storylines shaping the week ahead. “Every great football conversation starts with a matchup—who has the edge, what everyone is overlooking and what could change the game,” said Chris Harris Jr. “Emmanuel and I have experienced the game from different perspectives, and we want the audience to feel like they are part of the conversation and leave every episode knowing more about the week ahead.” Today’s iGaming companies face new litigation threats as expansive consumer protection statutes spark lawsuits with sky’s-the-limit aspirations, sometimes backed by private funders. Clients of Ifrah Law have a staunch defender in Robert Ward – an agile litigator and case tactician who responds to the changing state of play with creative legal defenses and efficient case-closing strategies. Robert draws on federal clerkship experience and appellate defense work to advise iGaming clients on litigation exposure, white-collar risk, and regulatory defense across multiple jurisdictions. Read More: Robert Ward on Helping iGaming Clients Outmaneuver Lawsuit-Obsessed Adversaries 🔮 Prediction markets Update on legal action in Connecticut: [ Daniel Wallach@WALLACHLEGAL Connecticut says gaming service license holders which received subpoenas over sports prediction markets “are not under investigation” by the @CTDCP but may possess information that could assist the state “in evaluating the conduct of prediction market platforms.” 2:31 PM · Sep 13, 2026 · 844 Views 5 Likes ](https://x.com/WALLACHLEGAL/status/2099143914271670576?s=20) American Gaming Association Opposes CFTC Bid to Block New York Prediction-Market Enforcement (DeFi Rate): “The brief points to the Ninth Circuit’s Aug. 28 decision in KalshiEX LLC v. Assad, which the AGA says supports New York’s authority to regulate sports contracts as gambling. It also cites Kalshi advertising, product comparisons and reporting on Kalshi’s sports volume to argue that the economic product resembles a sportsbook wager more than a conventional financial hedge.” [ Daniel Wallach@WALLACHLEGAL AGA intervenes in CFTC v. NY case to oppose CFTC request for preliminary injunction, says the CFTC’s arguments “obfuscate a simple truth: prediction markets offer sports betting.” Highlights CA9 decision, @DustinGouker (6x), and $1.32 billion in OSB taxes for NY (0 from PMs). Daniel Wallach @WALLACHLEGAL High stakes hearing on Monday in CFTC v. New York State. If SDNY judge Lorna Schofield denies the CFTC’s motion for preliminary injunction, the New York AG would have a clearer path for securing a state court geofencing order against Kalshi, Coinbase, and Gemini Titan. 2:08 AM · Sep 13, 2026 · 4.78K Views 1 Reply · 2 Reposts · 8 Likes ](https://x.com/WALLACHLEGAL/status/2098957043474280584?s=20) Gaming Commission remains member of gambling council after questions raised over ties to Kalshi (Mass Live): “The Massachusetts Gaming Commission will not follow the leads of gaming regulators in Ohio and Michigan and drop ties with the National Council on Problem Gambling over its new association with Kalshi.” Sponsor’s messageTrusted Voices: Conversations About Betting is designed to equip adults, including parents and coaches, with tools and resources to talk to young people about gambling, including information on warning signs, risks and proxy betting. The program is led by retired professional basketball player Randy Livingston and his wife, basketball agent Anita Smith, who share their personal stories related to problem gambling, with the hope of preventing others from experiencing similar harms. Learn more and join the conversation here. 📣 Industry news Gaming M&A: Latest Mergers, Acquisitions and Deals (SBC Americas): “But what else is happening in the world of gaming mergers, acquisitions, investments, and partnerships? Here, we round up some of the news you might have missed.” BetMGM Named Official Sports Betting and Online Casino Partner of the Minnesota Vikings in Canada (press release): BetMGM, a leading iGaming and sports betting operator, announced a multi-year partnership with the Minnesota Vikings, naming it the Official Sports Betting Partner and Online Casino Partner of the team in Canada. The agreement gives BetMGM rights to use Vikings marks across approved sports betting, online casino and marketing activities in Canada. In addition, Vikings Big Kick LuckyTap™, a casino game by Design Works Gaming, is available now exclusively at BetMGM Casino in Alberta and Ontario. “Vikings fans bring a level of passion and loyalty that extends well beyond game day,” said Matt Prevost, Chief Revenue Officer at BetMGM. “As the home of one of the largest collections of sports-themed casino content in North America, BetMGM is uniquely positioned to combine sports fandom with iGaming. We are eager to start football season off strong with another fantastic partnership especially as we expand our reach in Canada to Alberta.” Martin Nance, Minnesota Vikings Chief Marketing Officer, said, “As we continue to deepen our connection with Vikings fans across Canada, we’re proud to welcome BetMGM as the team’s official sports betting and online casino partner in Canada. Their commitment to innovation and fan engagement aligns well with our organization, and we’re excited to create memorable experiences that celebrate Vikings football and connect with Canadian fans in new and meaningful ways.” Caesars Entertainment Launches Ball Rush Jackpots™ in New Jersey,the Latest Proprietary Online Title from Empire Creative™ (press release): Caesars Entertainment, Inc. (NASDAQ: CZR) (“Caesars”) today announced the launch of Ball Rush Jackpots™, a new ball-and-peg style online casino game developed by Empire Creative™, the Company’s in-house game development studio. Now live in New Jersey across Caesars Palace Online Casino, Caesars Sportsbook & Casino and Horseshoe Online Casino, Ball Rush Jackpots is expected to become available in additional jurisdictions where Caesars offers online casino gaming following regulatory approval. The title expands Caesars’ growing portfolio of proprietary online casino titles, following the successful launch of Ca$hline™ earlier this year and further diversifying the Company’s lineup beyond traditional slots and table games. Ball Rush Jackpots follows the traditional ball-drop gameplay experience where players drop a ball down a board filled with pegs to land in a prize slot. As balls navigate independently through a field of pegs, every drop creates new opportunities to collect feature symbols, unlock bonuses and pursue jackpots, delivering a different experience with every round. “Ball Rush Jackpots delivers a different kind of casino experience for our players, combining easy-to-understand gameplay with meaningful customization, exciting bonus opportunities and jackpot potential,” said Matthew Sunderland, Senior Vice President and Chief iGaming Officer at Caesars Digital. “As we continue expanding our proprietary content portfolio, we’re focused on creating games that are simple to pick up, rewarding to revisit and designed around the features players enjoy most.” Bally’s Corporation Secures New Financing to Support the Development of the Bally’s Bronx Project (press release): Bally’s Corporation (NYSE: BALY) (“Bally’s” or the “Company”) announced today that it secured new financing led by WhiteHawk Capital Partners, LP to fund further development of the Bally’s Bronx project and general corporate purposes. The new financing comprises closing date term loan commitments in an aggregate principal amount of $400 million and delayed draw term loan commitments in an aggregate principal amount of $160 million (together, the “Facilities”). … Bally’s Chairman of the Board, Soo Kim, commented, “This important financing allows us to progress the pre-construction planning process so that we are ready to complete the remainder of the capital raise and remain on schedule. Furthermore, the additional liquidity provides us greater flexibility for other capital opportunities.” WORLD JAI ALAI LEAGUE LAUNCHES CENTENNIAL SEASON AND ENTERS NEXT CHAPTER IN MIAMI (press release): The World Jai Alai League will open its 2026 fall season on Tuesday, September 15 at Miami’s JAM Arena, beginning a milestone season that marks 100 years since professional Jai Alai first arrived in Miami. Season X, the tenth season of the Battle Court team-based competition launched in 2022, will also be the first since entrepreneur and sports asset investor Rob Gough acquired the World Jai Alai League in August 2026. The acquisition marks the beginning of a new chapter for the league. World Jai Alai League will maintain the existing Battle Court competition and operating format, with Chief Operating Officer Scott Savin overseeing Season X. Gough and his team will use the coming months to listen to players and fans, evaluate opportunities across the league, and execute plans for a broader evolution of Jai Alai’s presentation, live experience, media, marketing and commercial strategy beginning in 2027. “This is a really unique moment for Jai Alai,” said Rob Gough, Owner of the World Jai Alai League. “We have a sport with more than 100 years of history in Miami, extraordinary athletes and incredible speed, but I also believe there is enormous untapped potential.” bet365 reveals most popular online slots in 3 US states in August (SBC Americas): “In its monthly Gaming Insights and Performance report, growing online casino operator bet365 tracks player trends and game performance in online slots across its North American online casino markets.” The Closing Line is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Subscribe
Business People: Former Minnesota Solicitor General Liz Kramer joins Dorsey
LAW Dorsey & Whitney, Minneapolis, announced that Liz Kramer has joined the firm as partner in the Commercial Litigation group in Minneapolis. Before joining Dorsey, Kramer served as Minnesota Solicitor General for two terms, leading…
Costco's newest store is about to open in SoCal after years of litigation
Following legal opposition that delayed the project, Costco is slated to open a new outpost in October.
Big Law Moves to Meet Demand for Nonprofit, Business Litigation Work in Atlanta, Raleigh
Firms also added a mergers and acquisitions attorney in Nashville and a former federal prosecutor for white-collar work in Alabama.
Barry I. Levy
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Ana C. Shields
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Hon. Gail Prudenti
Hon. Gail Prudenti joined Burner Prudenti Law as partner in 2023, focusing her practice areas on estate administration, estate litigation and guardianship.
Howard Fensterman
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Tom Dargan
Tom Dargan, a principal and co-managing partner of Lewis Johs Avallone Aviles, focuses his practice on representing commercial clients in transportation law and complex civil litigation.
Epic v. Health Gorilla: “Working as Designed”
We’ve been on a bit of a legal bender since just before Labor Day, so let’s keep a good thing going! As predicted, Epic does not want its case against Health Gorilla consolidated with the data breach cases, so it filed a motion to vacate the conditional transfer. And because they had to explain to the Panel why this case is different, they put a good chunk of previously unseen Epic v. Health Gorilla discovery record on the public docket! Roll the tape! The Case Against Consolidation Before we get to the fun stuff, let’s do the housekeeping. Epic's motion boils down to three arguments (sorted in ascending order of how well they land): A judge has already decided this. Judge Olguin declined to relate the fraud action to another ELU case (Patterson v. UVA Health), holding that the two do not call for determination of substantially similar questions of law or fact. Epic asks the Panel to treat that (a Rule 42 ruling) as law of the case. The overlap is thin. The three common questions Health Gorilla and the Panel identified are neither numerous nor complex (the qualities the Panel looks for before centralizing). Moreover, they are outnumbered by the questions unique to each side: The breach cases turn on security architecture, notification timing, and patient-level access. The fraud action turns on false treatment attestations and breaches of the framework agreements. Consolidation costs more than it saves. 17 of 21 parties in the fraud action do not appear in a breach case. The cases are also at very different stages: Olguin has a scheduling order running through a January 2028 trial while the breach actions are much more nascent. I like the last two more than the first because they attack the basic economics of an MDL: there just may not be enough shared discovery here to justify dragging all the defendants and a relatively mature fraud case all the way to Florida. On the other hand (while I know exceedingly little about MDL and Rule 42), I have a hard time seeing why a district judge's decision about his own docket would control what the Panel does with the separate § 1407 question. I might be reading between the lines too much, but I sorta think Epic's own brief half-concedes this, framing the two provisions as "two sides of the same coin" but then adding "respectfully submit" (which is often lawyer speak for “we know this is a reach”). The Ladder Gets More Rungs Anyway, the arguments are not why you're here (aside from the lawyers, maybe). Back in June, we discussed how Epic was using the smaller defendants to build an evidentiary ladder toward Health Gorilla and Unit 387. Turns out discovery has been adding a few rungs of its own.
LSU Will Not Roster Former NFL Players Wright, Harris
It’s unclear if de-escalation will be enough to end the litigation altogether.
Alabama representative criticizes ongoing prison mental health litigation
Rep. Chris England, D-Tuscaloosa wants information on how much it would cost to settle the ongoing case against continuing to pursue it in court.
August Monthly Review: ChatGPT In Epic
Death, taxes, another frontier lab healthcare launch inspiring truly insane LinkedIn takes. As much as I want to stay away, I repeatedly am the crewman unplugging his ears whenever we pass these sirens. So it’s not the first and probably not the last time we dial up the typewriter rather than tie ourselves to the mast. The full blow-by-blow timeline: Health API Guy is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Subscribe The End of the Standalone PHR (Jan 8): ChatGPT Health arrives for consumers, at the time powered by b.well. I was bullish on the approach in that the best way for the PHR to finally solve distribution was to meet consumers were they already are (i.e. When Horizontal Meets Healthcare (Jan 9): OpenAI for Healthcare puts out the shingle for enterprises, with SharePoint ingestion standing in for the EHR integration the product actually needed. Another One: Anthropic’s Healthcare Debut (Jan 16): Claude's version, on HealthEx rails instead of b.well, with Agent Skills for FHIR development as the one true vertical-specific investment. ChatGPT for Clinicians: The Trap Sprung (Apr 24): OpenAI filled in the missing GTM middle with a free product for verified clinicians, effectively peeling the enterprise wrapper off ChatGPT for Healthcare and taking the PLG fight directly to OpenEvidence. OpenAI’s Second Attempt at Health (Jul 31): a relaunch of their patient specific app, now branded Health in ChatGPT, where the privacy partition came out, the connectors thinned, and b.well disappeared in favor of first-party FHIR work against a smaller network Beyond a Shingle So what was announced now? Today, we’re introducing a new electronic health record integration that brings authorized patient context from Epic into ChatGPT for Healthcare, along with the Healthcare Public Data plugin for direct, structured access to official healthcare datasets like PubMed, DailyMed, and CMS Coverage. Together, these capabilities bring ChatGPT closer to the systems and sources healthcare teams trust, while supporting the controls and compliance healthcare work requires. The core portfolio is unchanged from prior announcements we delineated and discussed (aside from the relaunch of patient-facing). Since trade publications still seem to be confusing them by using the wrong names: Enterprise sales motion: ChatGPT for Healthcare Protecting their core product / PLG: ChatGPT for Clinicians Consumer/patient-facing product: Health in ChatGPT So really, this is a feature release (specifically for ChatGPT for Healthcare when it comes to EHR integration). What’s cool about it, though, is that we are moving beyond just putting out a shingle. Everything in the January enterprise launch was horizontalizable: Horizontal tech companies thus generally start verticalization with their “putting out a shingle phase”. Telling the world you’re open for business as a horizontal tech company reliably attracts early inbound interest from buyers who are already trying to force-fit horizontal tools into domain-specific workflows and are eager for any signal that the vendor intends to support their use case more directly. Nothing was really vertical specific, which is exactly what you'd expect from the ultimate hypergrowth horizontal company dipping their toes into specific industries. But eventually you have to stop changing the sign on the door and start changing the product. Can you guess where the horizontal product was going to run out of road? This is the core dilemma writ large: verticalization requires differentiation, while scale economics of consumer and horizontal push toward unification. I’ve buried the lede so deep here it will be painful to some readers, but what should be shocking to no one is that my perspective is that EHR integration is the only path that meaningfully resolves this tension for ChatGPT for Healthcare. Integration with Microsoft Sharepoint is fine, but it is categorically insufficient for any product that hopes to influence clinical decision-making. SMART Money Well here we are, eight months later! Real vertical investment has begun, which surprised a few people. One friend in the industry messaged me: “Absolutely no way Epic gave ChatGPT API access.” Looking forensically at the announcements, the integration is notably read-only across appointment notes, laboratory results, medications, and specialist documentation. So while I’m not a betting man, I'd wager the house this is a SMART on FHIR launch: That sounds a lot like USCDI! The recommended path for the workflow they outline would be SMART on FHIR Their Health AI lead’s post is evocative of both standalone and EHR launch SMART, which another termed “ChartGPT” and “EHR Plugin” The implementation burden for SMART on FHIR is the lowest of the available integrative paths This is the team who literally did patient-facing SMART on FHIR with Epic last month Most importantly, if you’re a horizontal company, you generally still haven’t taken the full plunge and thus (overly) value reusability. SMART on FHIR is the logical compromise: healthcare-specific enough to matter, but standardized enough to reuse. Nobody Asked Judy Another friend asked “I thought they had to go to each health system, or did they go direct to Epic and now health systems opt in?” Given the trust paradigms in healthcare, this functionally cannot be Epic hoovering up all the data for OpenAI and shoving ChatGPT in their customers’ faces (or they would revolt). However, I do believe the aforementioned terrible coverage by TechCrunch and other outlets is probably responsible for that question, given the 325 million reference. When using FHIR as a business associate to an Epic customer, there is no EHR gatekeeping to speak of, as that isn’t how fhir.epic.com works: You register an app You pick your APIs You test against the sandbox APIs You list as “Ready for Production” Hospitals pick your app You test and go live with them Bluntly, nobody had to say yes or no in Verona (nor were they given the chance). Vendor Services (their next developer tier up that I doubt OpenAI is using quite yet in this initial release) certainly has contractual paperwork that some resent, but even there, the twin pressures of mounting antitrust and information blocking make outright gatekeeping increasingly fraught. My friend’s sentiment is, to me, representative of a broader industry neurosis, perhaps a sort of scar tissue of prior eras: people assume the gate is still there and never actually try the door. There are certainly other ways Epic (and any EHR) can put its thumb on the scale, but they are not so dumb as to stand in front of a federally mandated API and play bouncer at this exact moment in time. So I think they can and probably should go deeper, as this release is at best parity and at worst behind vertical-specific competition. OpenEvidence did a basic SMART launch with Sutter Health in February, allowing for more convenient evidence search by providers. They then add patient-context (the equivalent SMART on FHIR flow to what we see here) when Cedars-Sinai went enterprise-wide in May. UpToDate has four distinct applications across deeper workflows like patient engagement listed in Epic Showroom and announced a partnership with Epic to power Art at UGM Abridge and other ambient scribes have invested deeply into the deepest bidirectional clinical copilot workflow with integrations well beyond SMART on FHIR. In that light, the “Who is OpenAI primarily targeting here?” is clear. This release brings them into striking distance of OpenEvidence, but not the others quite yet. They are the only one of the three you can reach without building something truly Epic-specific. When will they go further? Competition is a great motivator to overcome the horizontal demons and start building things that can’t be reused: not across industries, not across EHRs, maybe not past the customer you built them for. That’s the price of actually verticalizing. The question is if and when OpenAI will be willing to pay it. Month in Review Here is the monthly review. As a reminder, this is a regular round-up of the month’s posts and other content to surface things you may have missed across regulation, litigation, interoperability, and beyond. AI assistance is used in these bullet summaries so I can focus on articles. Articles Published: None this month Video Content: The Information Exchange: Standards-based Thruple Edition (Aug 14): Back to school for us too, with Brad reporting in from the CMS Health Tech Ecosystem’s one year anniversary in DC. We get into the January CMS-0057 deadline, the fall rulemaking reading list, and why enrollment still keeps most apps off FHIR. The Information Exchange: Epic Dúnadan Edition (Aug 25): A UGM roundup with Ryan Brickner joining for the first time to check our takes against what the building actually thinks. Rangers, Ergo sitting on top of EHI, and a down-market lineup that needs some cuts. Regulatory: Stacked Deck, Bad Hand (Aug 05): ONC’s website refresh took the entire HIT Policy Committee record with it, so I rebuilt the archive and went looking for the regulatory capture story everyone assumes is buried in there. Stacking the deck and winning the hand turn out to be very different things. The Sixth Generation of Patient Access (Aug 19): A quick catalog of the five generations of patient access we’ve layered on since HIPAA, and the two candidates now competing to be the sixth. One is planned. The other is the market routing around the plan entirely. Court cases: Three Cases Walk Into a Docket (Aug 06): Two surprise settlements cleared the board in a single week, and then Judge Maddox dropped ninety-four pages on Vyne v. Henry Schein. The sleeper is a DMCA holding that makes direct-to-database a considerably riskier business model. Epic v. Health Gorilla: Into the MDL (Aug 10): Nine class actions are headed to Miami, and the Panel signaled it wants to bring the case that spawned them along too. That would leave Epic arguing the requests were obviously fraudulent in one courtroom and unknowable in the other. Amazon v. Perplexity: Agents Are Legalized! (Aug 11): The Ninth Circuit vacated the injunction against Comet, holding that the user is the one accessing the servers rather than the company that built the agent. A real win for agentic access, and a much narrower one than the headline suggests. Veeva v. Epic: Come At Me, Bro (Aug 26): Epic’s response brief wants the dismissal affirmed and, unusually, wants the opinion published as precedent. Buried in it is Epic’s own description of what its non-competes actually prohibit, which current and former employees should read closely. EHRs: The Contract Epic Would Never Sign Today (Aug 04): A 1999 SEC exhibit catches Epic licensing nearly its entire product line, Tapestry included, to the company that became TriZetto. The marketing services menu attached to it is the part that will make you blink. Forecast from Verona (Aug 07): The Epic Almanac makes one argument six different ways: the AI is only as good as the networks behind it. Emmie headlines, Art’s context stack is the most ambitious part, and Penny finally gets an autonomous coding date on the calendar. Works With Epic MyChart (Aug 17): Epic’s first new Showroom category since the death of Workshop certifies hardware instead of software, badge on the box and all. Made for iPhone, but for blood pressure cuffs, and rough news for anyone selling the RPM stack sitting in between. UGM Hot Takes 2026 (Aug 20): Everyone else covered the AI announcements, so I went after Savvy deleting the payment gateway, Rangers as Boost with the timer removed, and a down-market lineup with too many entries. Plus the Health Grid tidbits I cannot help myself on. MyChart Central Grows Up (Aug 24): Device data and Emmie turn Epic’s identity hub into a full consumer platform, which is both a logical answer to ChatGPT and a bit of a mistake. It also happens to be the best scraping target Epic has ever shipped. Industry Analysis: The Wrong Yardstick (Aug 12): Vertical software keeps getting judged against Superhuman and Notion, which is the wrong bar entirely. Your user is comparing your product to a whiteboard and forty phone calls before lunch. Primitives vs. Abstractions (Aug 27): Developers want building blocks, systems of record prefer to hand out business logic, and both sides have a real case. There’s no test from the outside that separates the engineering reason from the competitive one, which is why this keeps ending up in court. Cross-industry Comparisons: The Two Kinds of Platform Power (Aug 18): Attention power and record power are different problems that keep getting handed the same regulatory toolkit. Congress’s latest swing at Big Tech shows both what’s possible and where it falls apart. The Dogs of (Platform) War (Aug 21): A CourtListener alert turned up a property management fight with healthcare’s exact shape and none of the Cures Act. Shell prospects, ghost accounts, a notetaker bot that came back to haunt someone, and a lawyer arguing both sides of the same theory in two states. Fractals All the Way Down (Aug 31): Yardi dominates property management right up until you zoom into one segment, where AppFolio owns it outright and Yardi doesn’t appear at all. Where you draw the line around a B2B software market is about to decide an awful lot of cases. Other News: If Judy Had the Courage (Aug 13): A short eulogy for the era when software was allowed to look insane: WinAMP, bold colors, and everything the grey chatbot era has taken from us. External Media: Portland Monthly Health Tech Meetup: Erin O’Brien channeled my own feelings - maybe it’s just because it’s August and beautiful, but the monthly edition of the PDX Health community meetup was a ripper. Make sure to reach out if interested to join for the next one. STAT’s Coverage of Epic This Month: Brittany Trang of STAT did a fantastic job of breaking the FTC investigation that’s been lurking, as well as UGM related coverage, so I had to give her her wish of a meme. Fall Conferences: I’m pumped to be kicking off my fall conference season in NYC at Nabla Accelerate next month, which Chrissy provided the link to apply for. Here’s the rest of my schedule in case you want to meet up: Commonwell (Redwood Shores, CA): Oct 13-14 Open@Epic (Madison, WI): Oct 21-22 eHealthExchange (Austin, TX): Oct 27 Sequoia Project (Austin, TX): Oct 28-29 HLTH (Vegas): Nov 15-18 RSNA (Chicago): Nov 29-Dec 3 Posts I Liked: HTI-6 Should Unbundle API Certification: Josh Mandel makes the case that HTI-6 should split (g)(10) into separate authorization and data certifications, so a PACS or a genomics platform can certify only the role it actually performs. Imaging is the urgent example, but the structure solves a much bigger problem. On implementing ePrior Auth with Epic: Scott Rossignol’s field notes from a live ePrior Auth build on Epic, including the two app registrations nobody warns you about and the CPT mapping problem waiting at the end. CMS-0057 implementations are going to be such a beast. Healthcare point solutions are starting to look a lot like streaming services: Spencer Dorn runs the cable-to-streaming arc against health IT and lands squarely on the bundling half of the cycle. Bundling can be good! It can also be bad! Life is nuanced. Health API Guy is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Subscribe
TN Politics: Some county legal fees come due; MLGW wraps up storm restoration
Legal expenses for the MSCS takeover and Wanda Halbert litigations should advise future intra-government battles, says Otis Sanford.
Judge blocks Trump’s Postal Service regulation on mail-in ballots
A federal judge issued a temporary restraining order that prevents the Postal Service from inserting itself into the election process while litigation continues.
Judge allows Trump’s mail-in ballots plan to proceed, at least for now
With litigation moving quickly, a Postal Service regulation implementing Trump’s proposal could still be blocked.
Archer adds McCutcheon to Business Litigation Practice Group
Law firm Archer announced Aug. 24 that Michael W. McCutcheon has joined the firm as an associate in its Business Litigation Practice Group.
US lawmakers question Health Secretary Kennedy on vaccine settlement disclosures
A group of U.S. senators said Health Secretary Robert F. Kennedy Jr.'s recent explanation for how he disposed of a financial stake in litigation involving Merck's Gardasil vaccine conflicts with earlier answers he gave in written testimony and federal ethics filings, a letter reviewed by Reuters shows.
Walter’s TWG taps Goldman lawyer Markowitz amid federal probe
The former co-head of litigation and regulatory proceedings at Goldman, Markowitz joins Mark Walter's holding company as the firm faces a U.S. Department of Justice investigation.
Kirkland's Alternative Fee Structures Help Fuel Litigation Business
Roughly 30% of its litigation revenue is through AFA structures, amounting to more than $1 billion through these arrangements last year.
Health Gorilla lawsuits consolidated into multidistrict litigation
Nine class action privacy suits have been consolidated in federal court, and it could signal that judges are scrutinizing accountability for healthcare data in motion, say privacy experts.
Kuehn Law Encourages Investors of WEBTOON Entertainment Inc. to Contact Law Firm
/PRNewswire/ -- Kuehn Law, PLLC, a shareholder litigation law firm, is investigating whether certain officers and directors of WEBTOON Entertainment Inc....
Business Restructuring Review Vol. 25 No. 4 July-August 2026
In This Issue New York Bankruptcy Court: Premature Allegations of Creditor Mistreatment Insufficient to Deny Chapter 15 Recognition of Foreign Restructuring Proceeding In In re ARD Finance, S.A., No. 25-12794 (MG), 2026 WL 817458 (Bankr. S.D.N.Y. Mar. 25, 2026), the U.S. Bankruptcy Court for the Southern District of New York was presented with a petition seeking chapter 15 recognition of Luxembourg's recently enacted bankruptcy law governing judicial reorganization proceedings. The court granted the petition, turning aside challenges to recognition voiced by a creditor group arguing that recognition should be denied based upon allegations of unfairness to creditors in the Luxembourg proceeding that would make recognition manifestly contrary to U.S. public policy. According to the bankruptcy court, recognition was warranted because: (i) the rules and procedures governing the proceeding under Luxembourg law were fundamentally fair; (ii) the petition otherwise satisfied chapter 15's recognition requirements; and (iii) the creditor group's allegations were premature, given the fact that the Luxembourg court presiding over the debtor's restructuring proceeding had not confirmed a restructuring plan, and all creditors had the right to participate fully and voice their objections in the proceeding (including the right to appeal an order approving a plan). [read more …] Florida Bankruptcy Court Examines Scope of Discovery in Chapter 15 Cases In In re Banco Master, S.A., No. 25-24568-SMG, 2026 WL 931729 (Bankr. S.D. Fla. Apr. 6, 2026), the U.S. Bankruptcy Court for the Southern District of Florida granted in part and denied in part post-recognition motions filed by an insider of a foreign debtor seeking to bar or limit discovery sought by the debtor's foreign representative concerning allegedly voidable transfers involving the debtors' U.S. real property. According to the court: (i) although chapter 15 includes its own discovery provisions among the relief that may be granted to a foreign representative, the expansive discovery available in cases under other chapters of the Bankruptcy Code is also available in chapter 15 cases; (ii) the discovery sought by the foreign representative was permissible; (iii) discovery regarding matters that were the subject of a pending adversary proceeding had to be undertaken under the more restrictive rules applicable to such proceedings; and (iv) a discovery request would be barred to the extent that it sought production of documents or testimony from a subpoenaed entity that exceeded the geographic limitations specified in such rules. [read more …] Delaware District Court Affirms Chapter 15 Recognition Order Enforcing Nonconsensual Third-Party Releases In U.S. Int'l Dev. Fin. Corp. v. Credito Real S.A.B. de C.V. SOFOM, E.N.R. (In re Credito Real S.A.B. de C.V. SOFOM, E.N.R.), 677 B.R. 192 (D. Del. 2026), appeal filed, No. 26-2356 (3d Cir. June 5, 2026), the U.S. District Court for the District of Delaware affirmed a bankruptcy court order granting chapter 15 recognition to a Mexican "concurso mercantile" proceeding and enforcing nonconsensual third-party releases approved by the Mexican court. Agreeing with the bankruptcy court that the releases were not manifestly contrary to U.S. public policy, the district court concluded: "It is well settled that U.S. bankruptcy courts can give effect to foreign orders in recognized foreign proceedings pursuant to the authority granted in Chapter 15, even when those orders contain relief unavailable under U.S. law. [The appellant's] arguments misconstrue the Supreme Court's narrow holding in Purdue, applicable in Chapter 11 cases, as well as the statutory framework of Chapter 15 and its core policy objectives. Accordingly, I will affirm the Enforcement Order." The ruling has been appealed to the U.S. Court of Appeals for the Third Circuit. [read more …] Fifth Circuit: Bankruptcy Court, Not State Court, Had Jurisdiction to Allow or Disallow Administrative Expense Claim In Storey Minerals Ltd. v. EP Energy E&P Co., LP (Matter of EP Energy E&P Co., LP), 169 F.4th 609 (5th Cir. 2026), the U.S. Court of Appeals for the Fifth Circuit affirmed lower courts' rulings disallowing a creditor's administrative expense claim. It also rejected the creditor's argument that, because the claims were predicated on state law, a state court should adjudicate the merits of the state law causes of action before the bankruptcy court could allow or disallow the claim as an administrative expense. According to the Fifth Circuit, even though the causes of action were based on state law, the bankruptcy court had jurisdiction to determine whether the creditor's claims should be conferred with administrative expense priority in the debtors' chapter 11 case. [read more …] New York Bankruptcy Court: Dismissal of Involuntary Chapter 11 Case Filed Prior to Commencement of Foreign Restructuring Proceeding Unwarranted In In re Xinyuan Real Estate Co. Ltd., No. 25-10745 (PB), 2026 WL 592250 (Bankr. S.D.N.Y. Mar. 3. 2026), the U.S. Bankruptcy Court for the Southern District of New York considered the bona fides of an involuntary chapter 11 petition filed by certain holders of U.S. dollar-denominated notes against a holding company for a group of Chinese property development companies that filed a restructuring proceeding in the Cayman Islands after the noteholders filed the involuntary chapter 11 petition. The court denied the debtor's motion to dismiss the chapter 11 case. Given the timing of the filing of the Cayman Islands restructuring proceeding, the absence of any progress in the proceeding for seven months, the debtor's need to restructure notes governed by U.S. law, and the debtor's lack of any meaningful contacts to the Cayman Islands, dismissal of the chapter 11 case was unwarranted under the applicable provision of the Bankruptcy Code, international comity, or the doctrine of forum non conveniens. [read more …] Bankruptcy Court Evaluates Trustee's Authority to Sell Avoidance Actions and Right of Target Defendants to Object In In re Law Enf't Officers Sec. Union, No. 24-70277-JAD, 2026 WL 560452 (Bankr. W.D. Pa. Feb. 27, 2026), a chapter 7 trustee sought court approval to sell certain avoidance actions to a creditor of the debtor's estate. Potential targets of the subject avoidance actions objected, arguing that such claims were nontransferable powers of the trustee rather than saleable estate property and urging the court to approve their competing settlement with the trustee. The U.S. Bankruptcy Court for the Western District of Pennsylvania disagreed with the potential defendants, holding that they lacked standing to object to the proposed sale, that avoidance actions are indeed estate property, and that the sale—rather than the settlement—best served the estate's interests. [read more …] U.S. Supreme Court Bankruptcy Roundup in Brief In Keathley v. Buddy Ayers Construction Inc., No. 25-6, 2026 WL 1686028 (U.S. June 11, 2026), the U.S. Supreme Court overturned a Fifth Circuit decision judicially estopping a chapter 13 debtor from asserting a personal injury claim against a construction company because the debtor failed to disclose the claim during his bankruptcy case. In so ruling, the Court held that "[t]he Fifth Circuit erred by artificially narrowing its inquiry to whether the debtor had knowledge of the underlying facts or a potential motive to conceal the claim." It represents the first time that the Court has applied judicial estoppel in the bankruptcy context, although it has suggested in other contexts that it may be inappropriate where an inconsistent legal position resulted from "inadvertence or mistake." Also in June, the Court denied petitions for certiorari in a few notable bankruptcy cases. [read more …] Newsworthy Heather Lennox (Cleveland/New York) (Star Individual), Bruce Bennett (Los Angeles) (Senior Statesperson), Kevyn D. Orr (Washington) (Eminent Practitioner), Gregory M. Gordon (Dallas) (Band 1), Carl E. Black (Cleveland), Corinne Ball (New York) (Senior Statesperson), Brad B. Erens (Chicago), Jeffrey B. Ellman (Atlanta), T. Daniel Reynolds (Cleveland), and Dan T. Moss (Washington/New York) were recognized as leading lawyers in the practice area Bankruptcy/Restructuring in the 2026 edition of Chambers USA: The World's Leading Lawyers for Business. The 2026 edition of Lawdragon 500 Leading Bankruptcy and Restructuring Lawyers ranked the following lawyers: Corinne Ball (New York) (Hall of Fame), Bruce Bennett (Los Angeles), Carl E. Black (Cleveland), Jeffrey B. Ellman (Atlanta), Brad B. Erens (Chicago), Gregory M. Gordon (Dallas), Heather Lennox (Cleveland/New York), Joshua M. Mester (Los Angeles), and Kevyn D. Orr (Washington). Fabienne Beuzit (Paris) and Jasper Berkenbosch (Amsterdam) were among the "Leading Individuals" ranked in the 2026 edition of The Legal 500 EMEA guide in the field of Restructuring and Insolvency or Insolvency. Rodolphe Carrière (Paris) was named a "Next Generation Partner" in the practice area Insolvency. Sid Pepels (Amsterdam) was selected by Global Restructuring Review's 40 under 40 2026. He was identified as a Rising Star within the global cross-border restructuring community. Global Restructuring Review is a leading digital subscription service, news outlet, and information platform dedicated exclusively to cross-border insolvency and corporate restructuring law. Fabienne Beuzit (Paris), Rodolphe Carrière (Paris), and Isabelle Maury (Paris) were recognized in the 2027 edition of The Best Lawyers in France™ in the practice area Insolvency and Reorganization Law. An article written by Corinne Ball (New York) titled "Comity and Fairness are Critical to Granting Additional Assistance under Chapter 15: A Canadian Reverse Vesting Order and Related Releases in Proceedings Involving Canadian and U.S.-Affiliated Companies Are Approved" was published in the June 24, 2026, edition of the New York Law Journal. An article written by Caitlin K. Cahow (Detroit) titled "New York Bankruptcy Court Weighs In on Adequate Assurance of Future Performance under Assigned Leases and Chapter 11 Plan Exculpation Provisions" was published on June 8, 2026, in Lexis Practical Guidance. An article written by Trisha L. Mowbray (Real Estate; Chicago) and Ryan Sims (Washington) titled "Chapter 11 Plan that Abridged Non-Debtor Lessee's Rights to Remain in Possession After Rejection Unconfirmable as Having Been Proposed in Bad Faith" was published on June 16, 2026, in the Harvard Law School Bankruptcy Roundtable. An article written by Dan T. Moss (Washington/New York), Corinne Ball (New York), Isel M. Perez (Miami), and David S. Torborg (Washington) titled "Texas Bankruptcy Court Adopts Barnet Rule Requiring Foreign Debtor to Have U.S. Assets to Be Eligible for Chapter 15 Relief" was published on June 10, 2026, in Lexis Practical Guidance. An article written by Daniel J. Merrett (Atlanta) and Nathaniel Parr (Atlanta) titled "Southern District of Texas Clarifies Post-Purdue Course for Consensual Third-Party Releases and Gatekeeping Provisions" was published on June 11, 2026, in Lexis Practical Guidance. An article written by Corinne Ball (New York) titled "LMEs, Sophisticated Investors and Equitable Mootness: The Fifth and Third Circuits Warn Against Testing the Limits of Chapter 11" was published in the June 2026 issue of the American Bankruptcy Institute Journal. Nicholas J. Morin (New York) was quoted in an article titled "Serta Ruling Offers Damages Road Map in Lender-on-Lender Disputes," published by Bloomberg Law on July 7, 2026. The article discussed U.S. Bankruptcy Judge Christopher Lopez's July 7, 2026, ruling that participating lenders in Serta Simmons Bedding's 2020 non-pro rata uptier exchange breached the credit agreement's ratable-sharing provision, and awarding excluded lenders more than $261 million in damages. The opinion resolves six years of litigation related to Serta's 2020 transaction, where it raised $200 million in new financing and exchanged $1.2 billion of term loans for $875 million in superpriority debt. Judge Lopez found that the debt-for-debt exchange constituted a "payment" under the credit agreement, requiring proportional sharing among lenders, and dismissed various defenses raised by the participating lenders. The case is Serta Simmons Bedding LLC v. AG Centre Street Partnership (In re Serta Simmons Bedding LLC), 2026 WL 1968535 (Bankr. S.D. Tex. Jul. 7, 2026). The New York Law Journal has recognized Andrew M. Butler (New York) as a 2026 "Rising Star" in Restructuring/Bankruptcy as part of the New York Legal Awards. The Rising Star category recognizes New York's most promising lawyers age 40 and under who have distinguished themselves through exceptional legal work, leadership, and contributions to the profession. Lawyer Spotlight: Daniel J. Merrett Dan Merrett, a partner in the Atlanta Office, has spent nearly 20 years representing all manner of stakeholders in complex corporate restructurings and chapter 11 reorganizations. His practice extends to related transactions and disputes involving acquisitions; divestitures; credit facilities; securities; environmental obligations; and vendor, employee, and governance matters. Dan has substantial experience managing mass tort liabilities, including the restructurings and related chapter 11 cases of affiliates of Georgia Pacific and Johnson & Johnson, implemented to resolve asbestos and talc liabilities. He also represents key parties in energy and infrastructure matters, including facility owners, EPC contractors, and joint-venture parties. Dan was a key player in the restructuring teams in the historic bankruptcies of the City of Detroit and Chrysler. His other significant representations in chapter 11 cases include AFA Foods, Alpha Natural Resources, Dana Corporation, M&G Chemicals, McDermott International, Monster/CareerBuilder, Transtar Industries, and Westinghouse. He is licensed in both the United States and England & Wales and recognized in restructuring by Chambers USA and Best Lawyers.
Medical aid in dying law takes effect in New York
Some Catholic groups are continuing to pursue litigation.
Reps. Jeffries, Morelle lead voter protection hearing in Rochester
Several experts spoke, including former White House counsel, the deputy commissioner of the Monroe County Board of Election, and a policy and litigation expert.
US lawmakers press Health Secretary Robert F. Kennedy Jr. on vaccine settlement
The letter notes that Merck earlier this year agreed to pay $50 million to settle litigation over Gardasil.
Banner Health; LifeStance Health Group Settle Tracking Technology Lawsuits
Two healthcare providers have agreed to settle lawsuits over their use of pixels and other website tracking technologies. The tools allegedly resulted in Banner Health and LifeStance Health Group were sued over their use of pixels and other website tracking technologies, which were alleged to have resulted in impermissible disclosures of patient data to third parties. Settlements have been agreed to resolve the litigation.
DOJ’s Recent Small Business Administration FCA Settlement Highlights Risks for Contractors
A recent $21.3 million False Claims Act (FCA) settlement with an electrical contractor and its subsidiary highlights the U.S. Department of Justice’s (DOJ) focus on U.S. Small Business Administration (SBA) set-aside programs and scrutiny of whether companies improperly represent themselves as qualifying small businesses or—importantly for larger businesses—improperly represent their use of qualifying small businesses to secure federal contracts.
Big Pharma gets a lesson in trusting the science
J&J reached a relatively cheap $5.5 bln settlement that could end over a decade of litigation related to talc. The healthcare giant exited Kenvue, its former consumer goods unit, partly to escape similar legal worries. In retrospect, it looks to have handed a rival a deal.
Rhode Island Officials Will Refund Marijuana Business License Application Fees As Process Restarts Following Litigation
“We understand there may be questions about where things stand and where we are headed.” By Christopher Shea, Rhode Island Current Seventy-five prospective Rhode Island cannabis retailers will soon receive $7,500 refunds as state regulators prepare to restart the licensing process that was halted under a federal court order. The Rhode Island Cannabis Control Commission […]
Understanding the ERC Pleading Standard: Federal Claims Court Deferral in I Health and Life Insurance Services
I Health and Life Insurance Services v. United States, No. 25-1315T, United States Court of Federal Claims, July 23, 2026 For tax professionals advising clients on the Employee Retention Credit (ERC), the litigation landscape continues to evolve, establishing rigorous pleading and evidentiary stan
Mired in litigation with longtime imaging partner, hospital system switches radiology groups
Mary Washington Healthcare in Virginia is switching to Medical Center Radiologists after decades of working with Radiologic Associates of Fredericksburg, which is suing the hospital group seeking nearly $3 million.
Nintendo says it has no legal duty to pass its U.S. tariff refunds on to consumers
Nintendo is asking a court to dismiss a proposed class action suit that was filed this past spring by gamers who say the Mario maker is breaking the law if it doesn’t pass on its U.S. tariff refunds to consumers. Those consumers “received exactly what they bargained and paid for” when buying price-hiked Nintendo goods last year, the company said in a filing on Monday in the case of Hoffert et al v. Nintendo. “Plaintiffs are not entitled to a rebate simply because of intervening legal developments related to tariffs.” Nintendo increased the price of Switch 2 controllers and the original Switch last year, following the imposition of globe-spanning U.S. tariffs (tariffs described by Nintendo’s lawyers on Monday as “sweeping” and “constantly changing”). This past February, the U.S. Supreme Court ruled that the tariffs were illegal. A month later, Nintendo sued the U.S. government to get a refund. And in April, gamers filed the class action claim against Nintendo in Washington, saying it would be illegally double-dipping if it made money from tariff-hiked sales and then from a refund. The gamers sought relief for anyone in the U.S. who bought price-hiked Nintendo items between February 2025 and February 2026. “The common thread among Plaintiffs’ claims is that it is somehow ‘unfair; that Nintendo has not retroactively adjusted its prices for completed sales in response to the outcome of the tariff litigation,” the company’s lawyers wrote in today’s motion to dismiss. “But that is now how commercial transactions work.
Bonta says Paramount litigation isn’t ‘anti-Trump’
The California attorney general insisted in an interview with POLITICO that his antitrust litigation is about competition, not politics.
After Firing of Key Multnomah County Health Leader, Accusations Fly and Potential Litigation Brews
A major health institution that has gone through five leaders in six years must now find another.
More Trust and Estate Disputes Are Becoming Business Litigation
As more families transfer business interests, commercial real estate, and other complex assets, trust and estate advisers may need to brush up on partnership law, corporate governance, contractual rights, tax planning, or real property law, FBFK Law’s Holly Gilani says.
The States Try to Topple WarnerMount…Thus Begins the Local Antitrust Era
(Welcome to the “Most Important Story of the Week”, my bi-weekly strategy column analyzing the most important (but often not buzziest) news story of the last two weeks. I’m the Entertainment Strategy Guy, a former streaming executive who now analyzes business strategy in the entertainment industry. Please subscribe.) Well, it looks like it’s time for another strategy column. Can I finally avoid writing about M&A? No, it seems I cannot. Admittedly, I’m a week early with this column, since I usually put it out every other week. But this news couldn’t wait. This will make three “Most Important Stories” in a row with a merger or acquisition as its centerpiece. First, Roku-Fox (an acquisition), then Comcast-NBCUniversal (a divestment!), and now the State AGs and the WGA’s lawsuits against Paramount’s pursuit of Warner Bros. Discovery (antitrust). M&A is usually the “most important” topic any given week, simply because a giant company merging or breaking up (or preventing those outcomes) can have the biggest impact on the streaming board. If you think about these companies as players in a game, changing the number of players is one of the biggest changes you can make. I shouldn’t really complain, either, since this lawsuit is very good news for customers and suppliers (econ speak for talent, workers and indie studios in Hollywood). So let me answer some questions about this potential trial, along with (shudder) making some heavily caveated predictions. I’ll also look at whether Hollywood must consolidate, whether or not the states can win, trouble at X-Box, Netflix’s YouTube binge, and more. Plus, I have five images that visualize this merger and the harm, including three brand new data looks you’ve never seen before. Subscribe Most Important Story of the Week - Can The States and the WGA Stop Hollywood’s Consolidation (Crisis)? If every other newsletter and news outlet is writing about the same story, I try to avoid writing about it as well, but I can’t ignore a story this consequential. The story of the last year was the fate of Warner Bros. Discovery, and this development potentially extends that saga into 2027. As I tried to figure out my angle, I realized, like my last column, I’m again faced with a series of questions. These questions, though, are much more forward-looking. Will the states win? Will the WGA win? If so, what happens to Warner Bros. Discovery? Either way, will this chill the market for future mergers? So you know what that means: predictions. About the future, no less, the hardest thing to predict.1 Just remember: nothing here comes with a guarantee. And the more confident someone is in their predictions, the less you should trust them. This situation is incredibly fluid, nuanced, uncertain and tenuous. So let’s try to explain what may happen. Question: Why File this Lawsuit? I’ll admit, a few months back, I was fairly pessimistic about the fate of this lawsuit. Rumors had started bubbling up that the state Attorneys General (in particular California) wanted to settle with either some minor divestments (usually CNN) or behavioral remedies. And that tracked for me: the states usually settle lawsuits, like the recent John Deere right-to-repair suit. Yet, they plan to fight this. (As they did the LiveNation-Ticketmaster monopolization trial and the Nexstar-Tegna merger.) Honestly, that also makes a ton of sense. Frankly, this move is just good politics for these State AGs. Most are still running for higher and higher office in blue states—some folks have emphasized that only Democratic AGs joined this suit, but given the Ellison/Trump ties, and fears of retribution, that tracks—and a high profile case like this will help them move up the electoral ladder, especially since Paramount and its leadership (the Ellisons, father and heir) have sided with the other side of the political aisle. That makes them unsympathetic to Democratic voters and Hollywood workers in particular. Why did this lawsuit happen? In addition to the very real concerns about industry consolidation, this is why. That said, I don’t think we would have seen this lawsuit for Netflix and Warner Bros., simply because they’re more sympathetic and aligned with Democrats. But those consolidation concerns are real. The “town”—meaning Hollywood and such—really is seeing the damage of mergers on this industry. That’s why the WGA also filed its own lawsuit in defense of workers as well. (Wildcard: What about Europe? Will they try to stop the deal, too? There have been some rumors out of the UK they may try to fight the deal, and UK enforcers just stopped a Getty Images-Shutterstock tie up, so there is precedence. This argument could go either way, though. On one hand, the EU doesn’t need to step in, cause they states are handling it. On the other hand, this could make the EU’s case easier. Just imagine if both sides coordinated. I’ll simply say, “We’ll see!”) Question: Will The State AGs or the WGA Win? Can the state AGs play David to Paramount-Skydance’s Goliath here? That’s really the whole thing, isn’t it? If you know this result, you could make a lot of money. When things are uncertain, it’s tempting to shrug and say, “Eh” meaning it’s a 50/50 proposition. I wouldn’t, though. When in doubt, you should expect that the merging parties succeed. AT&T did successfully buy Warner Bros., after all, and Disney bought Fox without any challenges. Many judges are extremely sympathetic to mergers, and I’d bet the state AGs get a judge who will allow the merger. (Even Obama-appointed judges often allow mergers.) As I understand it, we’ll see two main attacks. First, theatrical films. The AGs are arguing that, when it comes to share of box office and the number of both “wide releases” and blockbuster (or “tentpole”) films, the merging parties will have over 27% market share. Now, the Supreme Court once ruled from on high that any merger that exceeds 30% is presumptively illegal, but that’s guidance, not an ironclad bar. Still, the states will have to argue that this is close to having too much power, and with that power, this will likely further worsen the theater/studio splits in particular. Indeed, as Matthew Stoller pointed out, “just five studios are responsible for 95% of all blockbusters; if this merger goes through, then Paramount and Disney will control 60% of that.” So yes, movie studios will be very concentrated after this merger. Want me to visualize some of that? Well, here’s the share of films that grossed over $200 million at the domestic box office since 2022. (Note: this isn’t all films released in over 3,000 screens, but it is a good look at market power.) First, here are the 43 films by studio: Notice all the blue (Disney), orange (Universal), and purple (Warner Bros)? Yeah, those studios are powerful, and this combines Paramount with one of them. Here’s the look by studio and share of the films that grossed over $200 million: Now, if you look at that and also think, “Huh, should we break up Disney?” I’m with you. I’ve seen some folks poo-poo this idea that this is a real category, but it is! For an upcoming article, I’ve been pulling data on the share of top 100 films at the box office as a share of total box office, and it’s massive. Here’s the chart: (This analysis looks at The-Number’s top 100 films and total domestic box office each year.) To be clear, tentpoles make up 80.7% of the box office each year, so I do think it’s a genuine market. (To be clear, films grossing over $50 million make up 80% of the domestic box office, and films grossing over $100 million make up 64.1%.) I mean, the top 100 films at the box office make up 95% of each year’s grosses. Worse, the combined studios will likely cut output to flex that market power. Everyone can just look at what happened to Disney and Fox to see the precedent. (With fewer films, the remaining theaters have to give more for those few films that remain.) Here’s an image I’ve used a lot, the share of wide-release films from Disney and Fox over time: The AGs will also argue that this consolidation will also impact the cable industry. In this case, the consolidation is actually worse, but that environment is…complicated. Paramount will argue that the cable industry is shrinking. That said, predictions that cable will “go to zero” also don’t look very well supported by the data, as the declines are shrinking, meaning “cable” or “vMVPDs” will likely stabilize at some point. Can the state Attorneys General win on those two main arguments? I honestly don’t know. Again, I’d bet no, since history in general supports that, but it depends on the judge/jury and how they interpret the arguments. Notably, Paramount won’t face accusations about monopoly power in other areas, like streaming, news, sports rights, or vertical integration. I tend to disagree with leaving out sports rights, but I also see the appeal for a simpler case. The states also aren’t really pushing novel theories about labor harm either, which should help. (By the way, Sean McNulty at The Ankler wrote a great run through of potential options, and Capitol Forum also wrote a great paper on theatrical consolidation. Both these pieces predated the lawsuit. Matthew Stoller is also out with his analysis of the pros and cons of the case too.) In some ways, the WGA’s case is even stronger. Quoting Sean McNulty’s summary: “The WGA is citing WARNAMOUNT as crossing a 30% market share in multiple sectors, a number that the Supreme Court has precedent for deeming “presumptively anticompetitive” in a market. According to the WGA numbers, WARNAMOUNT would have represented: - 35% of film writing jobs between 2021 and 2024 - 36% of TV writing projects between 2022 and 2025 - 38% of overall deals between 2021 and 2024” Notably, antitrust enforcers did win recently in the Penguin-Simon & Schuster merger by focusing on labor impact, so don’t count this thinking out. (Wildcard: Will the states try to get a jury trial? Most likely no, they’ll let a judge handle it. If I’m them, though, I’d try to put this in front of a jury. Juries tend to understand monopoly power in a more realistic way than judges faced with legions of economists.) Question: What if They Win? What if They Lose?
Akin, an Elite Global Law Firm
Akin labor & employment and complex commercial litigation partner Laura Smolowe has been named to the Los Angeles Business Journal's 2026 Leaders of Influence: Litigators & Trial Attorneys list. The…
Viewpoint: SCOTUS strikes a blow against junk science in Bayer glyphosate case. Will it deter mass tort litigators?
Mass tort litigation grows like weeds. Last week, the Supreme Court created the ultimate lawsuit-killer by rejecting state court claims that conflict with
Bayer sells stake in contraceptives business to Apollo in €3bn financing deal
Sale will help German pharmaceuticals group to bolster its balance sheet after years of litigation over Roundup weedkiller
In Medford, politics is a blood sport
The Medford mayor has clashed with unions and employees. The city council wants to know how much all the litigation is costing taxpayers.
Radiologist pushes back against snowbird couple’s claim he missed signs of a stroke
Attorneys for radiologist Eric J. Sax, MD, MBA, and MaineHealth contend the lawsuit has circumvented crucial pre-litigation requirements established in the state.
Court Stops USDA From Enforcing Funding Conditions Tied to DEI, Women’s Sports
The U.S. District Court for the District of Massachusetts recently blocked the U.S. Department of Agriculture’s (USDA) efforts to withhold funding from states and grant recipients that have not confirmed their compliance with Trump administration policies on diversity, equity, and inclusion (DEI), “gender ideology,” women’s and girls’ sports, and immigration.
Blake Lively is seeking $8.04 million in legal fees from Justin Baldoni amid 'It Ends With Us' settlement
Blake Lively is asking a judge to award her over $8 million in attorneys' fees and litigation costs for having defended herself against Justin Baldoni's now-dismissed defamation lawsuit.
But-For Causation and the Essential Business Hurdle: Analyzing the Summary Judgment in RAAM Construction
RAAM Construction Inc v. United States of America, Case No. 2:25-cv-04681-SPG-AJR, 2026 WL 18391 (C.D. Cal. June 23, 2026). The Employee Retention Credit (ERC) codified under Internal Revenue Code Section 3134 remains a significant source of controversy, audits, and high-stakes federal litigation.
Nevada takes step toward becoming corporate litigation hub with business court pilot program
The Clark County District Court this week announced it has restructured its departments to include a dedicated business court. The restructuring is expected to bring down case adjudication times, and it could help an ongoing effort to transform Nevada into a premier destination for corporate litigation. Judges Maria Gall and Joe Hardy–Departments 9 and 15, […]
Archer grows business litigation team by adding Farinella as partner
Archer announced June 23 that PJ Farinella has joined the 95-year-old law firm as a partner in its business litigation practice group.
With pending announcement on future of Sonoma State University athletics, litigation over elimination of sports reaches California Supreme Court
Litigation over SSU athletics has reached the California Supreme Court as campus leadership prepares to announce an update on the future of intercollegiate sports.
Merchants of Doubt and the attacks on Extreme Event Attribution science
Last week, I attended a meeting at Columbia University on attribution science and climate law, hosted by the Sabin Center. It was a fantastic event, bringing together scientists and legal experts working at the intersection of extreme event attribution and climate law. Subscribe For those unfamiliar with it, extreme event attribution attempts to quantify the contribution of climate change to an extreme event. For example, several groups analyzed the impact of climate change on Hurricane Harvey’s enormous rainfall totals over Houston, Texas and they found that climate change increased rainfall by 15 to 38%. One thing that came up again and again was how terrified fossil-fuel interests are of extreme event attribution science. They are acutely aware that this research could land them in court. And losing those cases would leave them legally liable for billions of dollars in climate damages. Because the legal stakes are so high, the blowback has turned ugly. I spoke with several scientists at the meeting who are facing ongoing harassment over their work. This blowback is a coordinated campaign to make the entire field look suspect. The goal is to create the impression that attribution science is too uncertain, too political, or too conflicted to be useful in court or in public policy. The strategy is not based on actual science or evidence of misconduct, but on the generation of doubt. The new Merchants of Doubt We’ve seen this before. In fact, not that long ago: We only have to go back a year to the Department of Energy (DOE) Climate Working Group (CWG) report to see an example of using doubt as the tool to push back against well-established science. This strategy is laid out in an email from a member of the CWG, Dr. Roy Spencer, that was released during litigation over the Climate Working Group process. The key quote is: About all I can hope is that what we write will provide sufficient “reasonable scientific doubt” regarding the science claims in the 2009 TSD [technical support document], based upon almost 2 decades of new science, to call into question the original reasoning for the EPA Administrator’s decision that CO2 presents a threat to human health and welfare. This statement is strong evidence that at least some members of the committee were working to support a particular policy outcome: revoking the Endangerment Finding. The email also explains how they planned to do it: by attempting to generate “reasonable doubt”. This is going to be hard, Spencer implies. Despite falsely claiming that “2 decades of new science” weakens the case, Spencer explicitly acknowledges that the actual peer-reviewed science of climate change overwhelmingly rejects his position: But if the science argument is decided upon by a vote, or by the number of published citations, we lose the science argument. We can go back even further: This CWG email shares unmistakable DNA with the infamous 1969 tobacco memo that declared: “Doubt is our product, since it is the best means of competing with the ‘body of fact’ that exists in the mind of the general public. It is also the means of establishing a controversy.” The tobacco memo also acknowledges the limit of this strategy: Like the CWG, they knew the science was not on their side. Share The new new Merchants of Doubt The people attacking the IPCC chapter on extreme event attribution are the newest iteration of the Merchants of Doubt. Their goal, like all Merchants before them, is to introduce doubt into the process. Because the report is not even out yet, they cannot attack its conclusions. So they are attacking the authors instead. Here is a press release from the House Science, Space, and Technology Committee: In the letter, the Chairmen express concerns about potential conflicts of interest involving members of the Attribution Committee, stating that “publicly available information suggests a troubling pattern” in which committee members are affiliated with nonprofits that support climate accountability lawsuits, “raising the appearance of impropriety and member bias.” To be clear, this is just innuendo. There is no actual evidence of bias. And given the robust process that these reports go through, including multiple lines of peer review, it seems very unlikely that significant bias can survive into the report. When the report comes out, critics will have the opportunity to make legitimate criticisms of the report — if any exist. If none do, however, they’ll still make criticisms, but they’ll be bogus, simply designed to generate doubt. We’ll see. A note to the press: Fix your frame To any journalists reading this: The public debate over extreme event attribution science is not going away. The science is simply too dangerous to fossil-fuel interests for them to stop fighting it. You very well might be assigned to write an article about this area of research in the future. When you do, do not automatically adopt the framing that climate misinformers want you to use. They want you to frame the story around questions like: Are climate scientists trying to put their thumb on the scale to achieve a predetermined, politically motivated result? Are climate scientists improperly letting their politics invade the science of the IPCC? That frame is a trap. Instead, you need to view this through the historical lens of the Merchants of Doubt. How does the ecosystem of doubt operate? Who funds it? What methods do they use to misrepresent science and slime researchers? What scientific results are they trying to keep people from understanding are legitimate? Ultimately, you instead need to focus your article on the generation of doubt as a way to maintain the fossil fuel industry’s social and legal license to keep burning oil, gas, and coal. If you treat the misinformers’ frame as a legitimate, good-faith scientific critique, you are helping them produce doubt. Don’t do it. Don’t be a Merchant of Doubt. Thanks for reading The Climate Brink! Subscribe for free to receive new posts and support our work. Subscribe other stuff The Staying Curious Substack has an interesting post about the different flavors of climate sensitivity. This is crucial information if you want to understand how scientists think about how much warming the Earth will experience. I’d be grateful if you could hit the like button ❤️ below! It helps more people discover these ideas and lets me know what’s connecting with readers.
Designing the Health Systems AI Promised
Every technology transition in healthcare has produced the same pattern: capability arrives before governance, deployment outpaces integration, and the accountability gap closes, eventually, through incident, litigation, or regulation. AI is running the same pattern, faster and at greater scale, in systems that were already fragile before it arrived.The more uncomfortable question shifts the lens away from what AI is doing to health systems, toward what health systems were never built to be. The institutions now absorbing...
Trump litigation has helped lift AG Campbell's political star
Attorney General Andrea Campbell has sued the federal government more than 50 times since President Trump took office, using millions of dollars in extra taxpayer funding to help form the state-level bulwark that, more often than not, has won in court.
Business Restructuring Review Vol. 25 No. 3 May-June 2026
In This Issue Texas Bankruptcy Court Adopts Barnet Rule Requiring Foreign Debtor to Have U.S. Assets to Be Eligible for Chapter 15 Relief In In re Siu-Fung Ceramics Holdings Limited, No. 24-33299, 2026 WL 382424 (Bankr. S.D. Tex. Feb. 10, 2026), the court denied petitions for chapter 15 recognition of Hong Kong bankruptcy and liquidation proceedings commenced on behalf of an individual debtor and a group of companies that he owned or controlled. According to the court: (i) the corporate debtors' Hong Kong liquidation proceeding was not eligible for chapter 15 recognition because the attorney retainer upon which such relief was based was not funded until nine months after the chapter 15 petition date; and (ii) the individual debtor's Hong Kong bankruptcy case could not be recognized because the debtor's "center of main interests" on the chapter 15 petition date was not in Hong Kong, and he did not even maintain an "establishment" there. [read more …] Southern District of Texas Clarifies Post-Purdue Course for Consensual Third-Party Releases and Gatekeeping Provisions In In re Container Store Group, Inc., 676 B.R. 356 (S.D. Tex. 2026), appeal filed, No. 26-20166 (5th Cir. Apr. 14, 2026), cross appeal filed, No. 26-20166 (5th Cir. Apr. 24, 2026), the U.S. District Court for the Southern District of Texas addressed consensual third-party releases and gatekeeping provisions in the aftermath of the U.S. Supreme Court's ruling in Harrington v. Purdue Pharma L.P., 603 U.S. 204 (2024). Consistent with existing Fifth Circuit precedent, the court confirmed that, in appropriate circumstances, consent for third-party releases may be obtained through a creditor's failure to opt out of granting that consent. But, the court ruled, consent through an opt-out mechanism essentially can never be inferred for creditor classes that stand to receive no recovery under a chapter 11 plan and that are deemed to reject the plan by operation of applicable bankruptcy law. Instead, those classes must affirmatively opt in to any release. The court also narrowed and remanded the bankruptcy court's acceptance of a broad gatekeeping provision, ruling that such provisions must correspond to the restrictions established by Fifth Circuit precedent. [read more …] Delaware Bankruptcy Court: Initial Transferee Need Not Be Defendant in Fraudulent Transfer Avoidance and Recovery Litigation The Bankruptcy Code gives a bankruptcy trustee the power to avoid asset transfers that are either made with the intent to defraud creditors or that are "constructively" fraudulent because an insolvent debtor did not receive adequate value in exchange. The Bankruptcy Code also permits recovery of an avoided transfer from not only the initial recipient, but also from subsequent transferees. Courts disagree over whether a transfer must actually be avoided before the trustee can seek recovery from a subsequent transferee and whether the initial transferee must also be a defendant in the recovery litigation against a subsequent transferee. The U.S. Bankruptcy Court for the District of Delaware weighed in on this debate in Phillips v. SS Associates LLC (In re ONH AFC CS Investors, LLC), No. 23-10931 (CTG), 2026 WL 312892 (Bankr. D. Del. Feb. 4, 2026). The court adopted the majority view, ruling that the initial transferee need not be a defendant in avoidance and recovery litigation against a subsequent transferee, but that the trustee must establish the elements necessary to avoid the initial transfer as part of the recovery litigation. [read more …] New York Bankruptcy Court Weighs In on Adequate Assurance of Future Performance under Assigned Leases and Chapter 11 Plan Exculpation Provisions In order to assume and assign an executory contract or unexpired lease, a bankruptcy trustee must cure most defaults under the agreement and provide "adequate assurance" of the assignee's future performance. However, the Bankruptcy Code provides no guidance as to the meaning of "adequate assurance" other than with respect to shopping center leases. In In re Broadway Realty I Co. LLC, No. 25-11050, 2026 WL 147505 (Bankr. S.D.N.Y. Jan. 19, 2026), the U.S. Bankruptcy Court for the Southern District of New York examined this issue in connection with a proposed assignment of thousands of residential leases as part of a free-and-clear sale of debtors' properties. The court held that "adequate assurance" does not mean a guarantee of the assignee's future performance, but merely demonstration that the assignee has the ability to satisfy the underlying obligations. The bankruptcy court also ruled that an exculpation provision in the debtors' chapter 11 plan exonerating non-estate fiduciaries from liability for actions taken in connection with the chapter 11 case was unobjectionable, provided it was limited in scope to postpetition conduct and actions taken in connection with implementation of the plan after its effective date. [read more …] Newsworthy Corinne Ball (New York) (Hall of Fame), Bruce Bennett (Los Angeles), Carl E. Black (Cleveland), Jeffrey B. Ellman (Atlanta), Brad B. Erens (Chicago), Gregory M. Gordon (Dallas), Heather Lennox (Cleveland/New York), Joshua M. Mester (Los Angeles), and Kevyn D. Orr (Washington) were included in the 2026 edition of Lawdragon 500 Leading Bankruptcy and Restructuring Lawyers. The Daily Business Review selected Isel M. Perez (Miami) as an "On the Rise" winner for the Florida Legal Awards. The Florida Legal Awards annually recognize those who have made significant contributions to the legal industry in Florida. Dan T. Moss (Washington/New York) was inducted as a Fellow in the 37th Class of the American College of Bankruptcy at its Annual Meeting in March 2026 in San Antonio, Texas. Christine Borries (Munich) was ranked in the practice area Restructuring/Insolvency in the 2026 edition of Chambers Germany. The 2027 edition of The Best Lawyers in Singapore™ recognized Sushma Jobanputra (Singapore) in the practice area Insolvency & Reorganization. The restructuring transaction involving Eissmann Automotive North America, Inc. received the "2025 Turnaround of the Year (Large Company)" at the Turnaround Management Association (Detroit) Annual Awards Reception. T. Daniel Reynolds (Cleveland) and Nick Buchta (Cleveland) represented subsidiaries of Eissmann Group Automotive in connection with the parent company's German insolvency proceedings. Roger Dobson (Sydney) is among 40 Jones Day lawyers recognized by The Best Lawyers in Australia 2027 for his contributions in Banking and Finance Law; Distressed Investing & Debt Trading; Insolvency and Reorganization Law; Litigation. An article written by Corinne Ball (New York) titled "Ard Finance—A Global Enterprise Combining an LME With a Foreign Insolvency Proceeding and Chapter 15" was published in the April 21, 2026, edition of the New York Law Journal. An article written by Alex Sapp (New York) titled "Recent Developments in Section 510—Subordination" was published in the 2025 edition of the Norton Annual Survey on Bankruptcy Law. An article written by Brad B. Erens (Chicago) titled "New York Bankruptcy Court Approves Insider DIP Litigation Financing" was published on April 6, 2026, by Lexis Practical Guidance. An article written by Corinne Ball (New York), Dan T. Moss (Washington/New York), David S. Torborg (Washington), and Isel M. Perez (Miami) titled "New York District Court Affirms Narrow Scope of 'Public Policy Exception' in Chapter 15 Cases" was published on April 6, 2026, by Lexis Practical Guidance. An article written by Jeffrey B. Ellman (Atlanta) titled "Statutory Cap on Lease Rejection Damage Claims in Bankruptcy Applies to Solvent Debtors" was published on April 6, 2026, by Lexis Practical Guidance. An article written by Trisha L. Mowbray (Real Estate; Chicago) and Ryan Sims (Washington) titled "Chapter 11 Plan that Abridged Non-Debtor Lessee's Rights to Remain in Possession After Rejection Unconfirmable as Having Been Proposed in Bad Faith" was published on April 6, 2026, by Lexis Practical Guidance. Lawyer Spotlight: Ben Rosenblum Ben Rosenblum, a partner in the New York Office, represents debtors, creditors, and other parties in out-of-court restructurings and court-supervised proceedings, including chapter 11 cases, municipal bankruptcies, international insolvency matters, and stockbroker liquidations. His experience spans industries such as manufacturing, shipping, mining, aviation, energy, real estate, and telecommunications. Ben's notable debtor representations include Peabody Energy, the City of Detroit, Chrysler LLC, Spansion Japan, and Dana Corporation. Significant creditor representations include General Maritime Corporation, Calpine Corporation, American Home Mortgage, and Murray Energy. He currently represents creditors in Puerto Rico's restructuring. He also has extensive experience advising financial institutions on bankruptcy law as applied to derivatives.
New OMB rule could break science in the United States
The drug that saved your mother. The treatment your doctor recommended. The clinical trial that bought someone you love more time. None of it was inevitable. It required a system built to operate outside politics and sustained over decades, because science doesn’t operate on the timeline of a politician. That system is now under direct threat. The Office of Management and Budget (OMB) has proposed a new rule to regulate all federal grants, not just science, but housing, education, defense, NASA and everything in between, that would fundamentally change how research is conducted in the United States. There have been a lot of fires in the past 16 months, and if everything is an emergency, nothing is an emergency. But this is a very big deal. These rules would strip away the independence that has kept science from becoming a political tool. The good news is there’s still something we can all do. How the grant system was designed to work When I was a new faculty member, I was full of millions of ideas, so I sat down and wrote an NIH proposal. I worked on it for months and thought it was so good. Then I sent it to my mentor. It came back covered in comments. Places where my reasoning wasn’t as airtight as I’d thought, methods that could be stronger, gaps in my thinking that I had been too close to the work to see. It stung, as honest feedback always does, but peer review almost always makes the work better. In fact, it’s the backbone of how American science has functioned for generations. At NIH, submitted proposals go to a panel of scientists who have experience in the field. These are the people who can read research methods and spot their weaknesses, who understand when an experiment is designed well and when it isn’t. Applications are scored rigorously, and often only the top 3-20% of proposals receive funding. The people making funding decisions are required to justify them based on these reviews. To be clear: this is not a perfect system, and good science still goes unfunded more often than any of us would like due to limited resources. There is also criticism that peer review may undervalue bold ideas that are risky but could have high payoffs. But the peer review system is nonetheless a meaningful part of the grant selection process. While thoughtful and careful changes could improve the system, the changes being proposed by OMB will not make things better. The rule that could change everything Through this OMB proposal, the system that helps decide what gets funded is being dismantled. There are many troubling elements buried in this proposal, but three provisions stand out in particular. Each would be damaging alone. Together, they would change what kind of science gets done in America, and who it serves. 1. Political appointees would decide which science gets funded, and peer review would be explicitly sidelined or ignored. The guidelines your doctor follows, the standards that determine what’s in your air and water, the drugs that get approved for your family: all of it starts with a funding decision. Right now, that decision is made by scientists who can evaluate whether the work is actually sound and whether it could move the needle forward. Under this proposal, funding decisions could be made by political appointees. The careful, expertise-driven review process that shapes grant funding would be effectively sidelined. That means that a poorly designed study could get funded simply because someone in a political office liked the sound of it, while rigorous, important work doesn’t get funded because it no longer aligns with the administration’s priorities. In other words, critical work that benefits all of us could now be missed just because it has become politically inconvenient. 2. Grants could be canceled at any point, without warning, in the middle of ongoing work. Say your tax dollars have been paying for a cancer study for two years. The grant was awarded for five years, so the team is mid-experiment. There are three additional years’ worth of answers that could change how the disease is treated for hundreds of thousands of people. With this new rule, the federal government could cancel the remaining funding tomorrow, walk away from the commitment it made with your money, and have no legal obligation to finish what it started. This is a huge waste of money. There are rarely other sources of funding for this work, which means the team, the graduate students, postdocs, and research staff who have dedicated years of their careers to this project could lose their jobs. Patients who have contributed their time to studies may not see it turn into useful learnings for others. Every hour of work already completed could result in nothing useful. Science can take decades to get to tangible outcomes. It needs a stable funding system to flourish. 3. Researchers would have a harder time communicating their findings without pre-approval from the federal government. There is a saying from Sir Mark Walport: “Science isn’t finished until it’s communicated.” Science is no use to anyone if it is kept locked away in the labs that produced the data. The proposed rule could make communicating research findings harder in a number of ways: Make it harder for scientists to widely share their findings in scientific journals. Publication costs, including journal fees that allow for broad public access, could not be paid for by federal funds which is often how scientists pay these costs. Restrict researchers from engaging publicly about how their findings should inform policy or public health guidelines. This would restrict scientists from doing the work that transforms years of lab work into decisions that actually affect people’s lives. Make it harder for scientists to attend conferences. Conferences would now need to be approved by the federal agency at the time of grant award. This disadvantages conferences or publications that are not politically aligned. Conferences are a key way in which scientists learn about work happening in their field so they can collaborate and build on each other’s findings. What good is science with a muzzle? The long-term impact These changes could (and hopefully would) be reversed under the next administration. But by then, damage has been done. Once projects are halted or denied funding by political appointees, people leave their science careers for other paths or even leave the country to do their amazing science elsewhere. You cannot pause a scientific study the way you pause a subscription you decided isn’t useful anymore. You cannot freeze a research team that depends on salaries to feed their families, causing a scramble for replacement funding that, in most cases, simply does not exist. When the money stops, everything stops, and all the work in progress and its potential are lost. Despite all of the language about reducing waste, fraud, and abuse, this new proposed rule increases the administrative burden tremendously. Every researcher watching this unfold will make a rational decision: don’t start anything that will take a decade to finish. This includes not building a team around funding that could vanish, or asking the big questions that need patience and stability to answer. The most consequential science, the kind that produces the treatments and the breakthroughs that reach your doctor’s office twenty years from now, is exactly the science that would be abandoned first. This is still a proposal, so we can all do something Some worry this rule is already a done deal. But by law, OMB is required to open a public comment period. Those comments matter because they inform members of Congress, they can be used in litigation, and they create a public record. So here’s what you can do: Submit a public comment. The public comment period on this proposed change is open until July 13. Anyone can submit a comment, and OMB is required to respond to substantial ones. Each comment must be different to count as distinct; identical comments will be counted only once. Comment as an individual, not on behalf of your organization. Here’s a full resource to help you, with useful examples, but in general: Share a story about how science or federal funding has benefitted you or is involved in your work. Are you or someone you loved a cancer survivor? Do you know someone with Alzheimer’s? Have you received NIH/NSF or other federal funding? All of these can be stories you use to highlight why you care. Explain why you’re worried about these proposed changes. You can use the wording found here or in other resources to help you. Ask them to withdraw this proposed rule. Contact your elected representatives. Congress allocates money to federal agencies to spend, and it has oversight of how that process works. You can let your representatives know this proposed change concerns you and ask them to intervene. There are levers they can push that can help at this moment. Let others know why federal funding matters. This isn’t just about science, but ALL federal grants, including for education systems, defense projects, and more. The process, including the importance of federal funding, is invisible to many. We can all make it more visible by sharing how science benefits us and why we value it. You can also share this article, or any of the resources linked here, to help spread awareness! Bottom line We are quickly losing ground in scientific research in the U.S. More changes, like the proposed rule by OMB, would decimate our ability to conduct research here, leaving us all worse off: fewer treatments for pancreatic cancer, less research on pollution impacts, fewer answers for patients with rare disease, and more unaddressed health needs. The impact will be very real for all of us, regardless of where we stand politically. Using our voices for science is more important than ever. Love, LM Big thanks to Dr. Megan Ranney for reading this over and providing brilliant insights, as always. Dr. Liz Marnik, PhD, is Executive Director of The Evidence Collective at YLE and a science communicator and immunologist working at the intersection of public trust, science, and public health. You can find her on Substack, LinkedIn, Instagram and Threads. Your Local Epidemiologist (YLE) comprises a team of experts, ranging from physicians to immunologists to epidemiologists to nutritionists, working together with one goal: to “Translate” ever-evolving public health science so that people are well-equipped to make evidence-based decisions. The YLE suite of newsletters reaches over 475,000 people across more than 132 countries. This newsletter is free to everyone, thanks to the generous support of fellow YLE community members. To support the effort, subscribe or upgrade below: Subscribe
What It Takes To Be A Top Tier Entertainment Lawyer in 2026
Share I’ve recently run several popular posts breaking down data related to sought after legal jobs. General Counsel Big Law Appellate Attorney Here is another in this series. Two Lawyers, One Elite Market Entertainment law can sound like a single professional category. In practice, the lawyers who reach the top of the Hollywood market often look quite different from one another. Consider two attorneys from the 2025 top-entertainment-law universe. Lesley Freeman represents one route: the company-side entertainment lawyer. She is chief legal officer of AGBO, where she oversees company-wide business and legal affairs across film, television, video game and interactive experiences, and technological innovation, after senior legal roles at MGM, Amazon MGM Studios, HBO, and O’Melveny. Daniel Petrocelli represents another route: the outside-counsel trial lawyer. He is chair of O’Melveny’s trial practice and a vice chair of the firm, with a national litigation practice that includes entertainment, sports, and media disputes. Their careers differ by platform, role, practice area, and professional identity. One sits inside an entertainment company; the other practices from a major law firm. One is associated with corporate and governance work; the other with litigation. Yet both fall within the same publicly recognized top tier of Hollywood lawyers. That contrast points to the article’s central question. If there is no single mold for a top entertainment lawyer, are the paths simply idiosyncratic, or do they follow recurring patterns? The data suggest the latter. The attorneys recognized on The Hollywood Reporter and Variety’s 2025 top-attorney lists do not follow one career template, but their paths are not random. They cluster around several defined routes: entertainment-focused private practice, company-side or operator experience, corporate and finance conversion, litigation conversion, public-service-to-litigation pathways, and smaller specialized lanes in labor, employment, and celebrity family law. Across those routes, the recurring ingredients are platform strength, educational capital or Los Angeles market proximity, long career tenure, specialized practice identity, and entertainment-industry fluency. The article examines five dimensions of the top-attorney sample: route into entertainment law, firm or organizational platform, education pipeline, seniority, and practice specialization. Data and Methodology The dataset includes 103 attorneys drawn from The Hollywood Reporter and Variety’s 2025 lists of top entertainment or Hollywood attorneys. For each attorney, the dataset tracks current organization, law school, J.D. year where available, first-known bar admission year, practice area, prior roles, platform type, and route into entertainment law. The sample is best understood as a recognized-attorney dataset, not a census of all entertainment lawyers. It captures lawyers who reached public top-tier recognition in 2025, rather than every lawyer practicing in the entertainment sector. Multiple but Defined Routes Into Entertainment Law The first question is how these lawyers entered the entertainment-law market. Because every attorney in the dataset is entertainment-related by definition, the key distinction is not whether they practice entertainment law. It is how they got there. The largest group followed what might be called the entertainment private-practice route. These attorneys appear to have built their practices around entertainment, media, talent, music, rights, production, intellectual property, or adjacent industry work relatively early. That route accounts for 40 of the 103 attorneys in the sample, or 38.8%.
Alan S King
Scope of work: King chairs the firm’s national labor and employment practice, advising Fortune 500 companies, municipalities and minority-owned businesses in employment litigation. He also serves as first deputy general counsel and is a certified mediator and arbitrator with the American Arbitration Association.Significant case: He secured victories for employers, including United Airlines and Michigan TV station WZZM, winning summary judgment in discrimination and retaliation claims.Other contributions: King is president of the board of Children First Fund, supporting Chicago Public Schools, and is a producer of the Chosen Few Picnic & Festival.
Gretchen N Miller
Scope of work: Miller co-chairs Greenberg Traurig’s products liability and mass torts practice, overseeing nearly 100 attorneys worldwide. She was recently named co-chair of the firm’s Chicago litigation practice, leading more than 50 attorneys.Significant case: She co-leads Albertsons’ defense in nationwide opioid litigation, challenging public nuisance claims, including a recent dismissal in Alaska. She secured summary judgment for Lockheed Martin in a groundwater contamination case involving 45 plaintiffs.Other contributions: Miller has held leadership roles in the Defense Research Institute, recently chairing the Products Liability Committee and winning its Outstanding Committee Chair Award, and is on the Good Sports Chicago advisory board.
Gil M Soffer
Scope of work: A former federal prosecutor, Soffer became chairman of Katten in 2024, leading 1,500 attorneys and professionals. Previously, he was Chicago managing partner and co-chaired the firm’s litigation practice.Significant case: He serves as a five-year independent monitor in a global opioid settlement and was previously a DOJ/SEC-appointed corporate compliance monitor in a major Foreign Corrupt Practices Act case.Other contributions: Soffer is on the U.S. District Court for the Northern District of Illinois' Racial Justice Diversity Committee, is WLS-TV/Channel 7's chief legal analyst and headed the Chicago Bar Foundation Investing in Justice Campaign that raised $1.4 million for pro bono services.
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