More stories

  • in

    Twitter Takes Round 1

    Judge Kathaleen McCormick granted the social media giant’s request for an expedited hearing. Now, the two sides are gearing up for a trial in October.Twitter: 1, Musk: 0.Jim Wilson/The New York TimesTwitter suit takes the fast laneTwitter won its effort to expedite its trial with Elon Musk yesterday, in its lawsuit to force Musk to close his $44 billion acquisition of the company. So many people tried to listen to the proceedings that the dial-in hit capacity — and we hear advisers across Wall Street were huddled around speakerphones.It’s a big win for Twitter. In granting an expedited hearing, Judge Kathaleen McCormick effectively repudiated the notion that the court needed to allow time for a deep dive into whether Twitter had accurately counted the number of bots on its platform. She cited the “cloud of uncertainty” that was hanging over the company the longer the case went undecided as the reason for her decision to fast-track the trial. And in what may be another good sign for Twitter, Judge McCormick said she was unsure that damages would be a sufficient remedy for the social media company, which wants Musk to buy it, not pay damages to walk away.Please see Page 5. A centerpiece of Musk’s claims is that Twitter’s disclosures about the percentage of active users on its platform that are bots are misleading, which would have a “material adverse effect” on the company’s value. But Musk has yet to tell the court what, exactly, in Twitter’s disclosures might be false. This became an issue when Musk’s lawyer at Quinn Emanuel, Andy Rossman, took aim at Page 5 of Twitter’s annual report, which explains its bot count. But Twitter’s lawyer at Wachtell, Bill Savitt, in his rebuttal, noted that Twitter fills that page with hedges and warnings that numbers might be off. (It reads, in part: “Our estimation of false or spam accounts may not accurately represent the actual number of such accounts, and the actual number of false or spam accounts could be higher than we have estimated.”) Of Twitter’s disclosure, Savitt said: “This does not require a recreation of all things known to humanity.” Judge McCormick seemingly agreed.The two sides are gearing up for a trial in October. Over the next weeks, they have to agree on schedules for depositions and discovery. And Musk will have time to prepare for another hearing before Judge McCormick that month: a defense of his whopping Tesla pay package — money that could come in handy if she forces him to buy Twitter.HERE’S WHAT’S HAPPENING Netflix loses fewer subscribers than expected. The streaming service reported yesterday that it lost nearly 1 million subscribers in the second quarter, far fewer than it had forecast. What’s more, Netflix said some of its strategies to stem losses, like an ad-supported option for consumers and a crackdown on password sharing, would boost revenue as soon as next year.A heroic act in an Indiana mall shooting renews the debate over gun access. In the days since a 22-year-old armed bystander killed a gunman two minutes into a shooting spree, the U.S. is again debating the wisdom of easier access to guns. But an analysis of 433 active shooter attacks in the U.S. between 2000 and 2021 found just 22 had ended with a bystander shooting the attacker, according to the Advanced Law Enforcement Rapid Response Training Center at Texas State University.The CHIPS Act passes a procedural hurdle in the Senate with more than 60 votes. The legislation, stalled for more than a year, gives chip manufacturers what they say is help they need to build factories in the U.S. The Senate is expected today to officially vote to pass the bill, which has been slimmed down and still needs to return to the House before it can go to the president.Intelligence agencies say Russia remains a threat in elections. Top F.B.I. and National Security Agency officials warned yesterday that Russia could still seek to meddle or promote disinformation during the 2022 midterm races, even as it wages war in Ukraine. Iran and China also remained potent threats, the officials said.The House moves to protect same-sex marriage from Supreme Court reversal. New legislation, which garnered some Republican support, would recognize same-sex marriages at the federal level, but it faces an uncertain path in the Senate. The move was a direct answer to Justice Clarence Thomas’s concurring opinion in the ruling last month that overturned federal abortion rights.The loans that may haunt Silicon ValleyTech workers have taken out loans in recent years based on the value of their start-up stock. But as the start-up economy has deflated, that may come back to haunt them, writes The Times’s Erin Griffith.Start-up loans stem from the way workers are typically paid. As part of their compensation, most employees at privately held tech companies receive stock options. That’s where loans and other financing options come in. Start-up stock is used as a form of collateral for cash advances. The loans vary in structure, but most providers charge interest and take a percentage of the worker’s stock when the company sells or goes public. Some are structured as contracts or investments.This lending industry has boomed in recent years. Many of the providers were created in the mid-2010s as hot start-ups like Uber and Airbnb put off initial public offerings of stock as long as they could, hitting private market valuations in the tens of billions of dollars.Debate has ignited in Silicon Valley over the proliferation of loans backed by stakes in still-private start-ups. Proponents say the loans are necessary for employees to participate in tech’s wealth-creation engine. But critics say the loans create needless risk in an already-risky industry and are reminiscent of the dot-com era in the early 2000s, when many tech workers were badly burned by similar loans.As the start-up economy deflates, these loans can be risky. While most are structured to be forgiven if a start-up fails, employees could still face a tax bill because the loan forgiveness is treated as taxable income.“No one’s been thinking about what happens when things go down,” said Rick Heitzmann, an investor at FirstMark Capital. “Everyone’s only thinking about the upside.”“The thing I’ve always been taught by my parents is to be the first one in and last one out. But there’s no one else there.”— Alex Hyman, who pictured his internship at a Los Angeles entertainment agency this summer as being one part “Entourage” and one part “The Office,” but found it more like “Home Alone.” It’s a common experience in an age of remote-working bosses.Mooch’s crypto problemAnthony Scaramucci, who is famous for his 11-day stint as former President Donald Trump’s communications director, is facing a mass exodus of investors from his funds.Earlier this week, Bloomberg reported that Scaramucci’s firm SkyBridge Capital had halted withdrawals from one of its smaller funds, Legion Strategies, which contains just over $200 million. But Scaramucci is also struggling to hold onto investors in SkyBridge’s flagship fund, the SkyBridge Multi-Adviser Hedge Fund Portfolios, which managed as much as $2 billion at the end of March. Its investments lost nearly a quarter of their value in the second quarter.Investors in SkyBridge’s flagship fund are seeking to withdraw as much as $890 million, or about half of the money that it held as of the end of last month, Scaramucci told DealBook. But many of those investors will be stuck in the fund for a while. Under its rules, investors in the Multi-Adviser fund are only allowed to withdraw money during certain windows. Those used to occur four times a year, but SkyBridge cut them to twice a year in 2020, after big losses at the beginning of the pandemic. Earlier this month, SkyBridge told investors they would only collectively receive about 16 percent of the money they requested. The letter said it was issuing investors’ notes that would be paid no later than October.Scaramucci’s losses come just over a year after SkyBridge’s pivot into crypto. SkyBridge’s flagship fund, which Scaramucci bought from Citigroup, has long specialized in buying and selling stakes of other hedge funds. For a time, that, along with strong performance in the years after the 2008 financial crisis, made Scaramucci one of the most powerful players in the hedge fund industry.Scaramucci says he is still a long-term believer in crypto. The fund manager says that about 22 percent of his flagship fund remained in crypto and related investments as of the end of last month. “I am not smart enough to time the market,” he told DealBook. “But we’ve done a tremendous amount of research and we think anyone who has will see that blockchain technology is good and is the future.”THE SPEED READ DealsPimco bought $1 billion worth of debt backing Apollo’s acquisition of a payments company at a steep discount. (Bloomberg)Start-ups are racing for share of the market for home chargers of electric vehicles, and several have already been acquired. (Reuters)“Sam Bankman-Fried Turns $2 Trillion Crypto Rout Into Buying Opportunity” (Bloomberg Businessweek)PolicyDan Cox, a Trump loyalist, won the primary to be the Republican candidate for governor of Maryland. (NYT)Novavax’s Covid vaccine was cleared for use in the U.S. (NYT)The Secret Service said texts requested by the Jan. 6 commission were probably lost for good. (NYT)U.K. inflation has exceeded economists’ forecasts, hitting 9.4 percent (FT)President Vladimir Putin signaled that Russia would resume gas deliveries through a key pipeline but at a reduced level. (NYT)Best of the restLeaked salary data at Twitter showed a pay gap of as much as 225 percent for the same role in different countries. (Input)Soaring overdose rates in the pandemic reflect widening racial disparities. (NYT)How the pain of past economic crises is haunting Italy. (NYT)“Fighting a Brutal Regime With the Help of a Video Game” (NYT)We’d like your feedback! Please email thoughts and suggestions to dealbook@nytimes.com. More

  • in

    Draghi Says He’ll Stay as Italy’s Prime Minister, if Parties Unite

    Days after he tendered his resignation, the Italian leader offered a way out of political crisis. Now it depends on the parties to accept or reject it.ROME — Prime Minister Mario Draghi of Italy, who offered to resign last week after a rebellion in his broad national unity government, challenged the country’s fractious parties on Wednesday to stick together for the good of the country as a condition of him staying on.“The only way forward, if we want to stay together, is to rebuild from the top this pact, with courage, altruism and credibility,” Mr. Draghi said in a speech to the Italian Senate, throwing down a gauntlet ahead of confidence votes in the upper and lower chambers of Parliament on Wednesday and Thursday that will determine the fate of his government, along with the stability of Italy and much of Europe at an especially tenuous time.Mr. Draghi, speaking to long applause but also to some heckling, said that the public outcries for the government to continue were “impossible to ignore.”“Italy is strong when it knows how to be united,” he said, calling the period a “miracle” for Italy, but adding that political motivations had “unfortunately” led parties to seek to distinguish themselves, weakening “the desire to move forward together.”That politicking has left Italy teetering on the brink of instability once again after a period of relative calm, progress and expanding influence under Mr. Draghi’s leadership, which has made Italy an essential part of Europe’s united front against Russia in response to its war in Ukraine and its efforts to rebuild its economies amid the pandemic.Now, much will depend on whether Italy’s political parties take up Mr. Draghi’s offer, especially the Five Star Movement, which set off the current crisis by withholding its support last week in a key vote on the government’s spending priorities.That rebellion prompted the offer to resign by Mr. Draghi. Sergio Mattarella, Italy’s president, rejected the resignation and asked Mr. Draghi to address Parliament, where confidence votes will force all of the parties to take responsibility for their decisions.Mr. Draghi told the Parliament on Wednesday that Five Star’s revolt signified “the end” of the pact of trust that had fueled his government, and that it was unacceptable. If one party could do it, anyone “could repeat it,” he warned, adding that ransom demands on the government to suit narrow political interests could become the norm.He said that because he was appointed as a caretaker prime minister and not directly elected, his legitimacy was contingent on “as ample support as possible.”Giuseppe Conte, the leader of the Five Star Movement, this month in Rome. Mr. Draghi told the Parliament on Wednesday that Five Star’s revolt signified “the end” of the pact of trust that had fueled his government, and that it was unacceptable.Massimo Percossi/EPA, via Shutterstock“Are you ready to rebuild this pact?” Mr. Draghi repeated several times, concluding that the answer to this question was owed not to him, but to the Italian people.If Mr. Draghi does not receive the support he asked for on Wednesday, he will resign for good, and many analysts believe that Mr. Mattarella will call for early elections, as soon as September.Mr. Draghi’s speech was an effort to avoid the chaos that such a crisis would most likely bring.On the one hand, he tried to remind Parliament, and the country, all that Italy had been able to achieve since he took power in February 2021 in a government crisis caused by the forced removal of Prime Minister Giuseppe Conte, now the leader of Five Star, which stirred the insurrection against Mr. Draghi. He repeated that the efficacy of the government, its ability to move fast and make quick decisions was rooted in a national unity that “was the best guarantee for a legitimate democracy.”Mr. Draghi said that unity had allowed Italy to get out of the worst phase of the pandemic, funnel financial assistance quickly to those who needed it, cut “useless bureaucracy” that slowed the country, and aided the growth of the economy in a deeply challenging time.He listed key overhauls in a variety of sectors, including increased energy independence from Russia, which he called “essential for the modernization of Italy,” and noted that Italy had already received 45.9 billion euros (about $47 billion) from the European Commission in recovery funds, with €21 billion more on the way. “If we can’t show that we can spend this money well,” he said, Italy would not receive more.Mr. Draghi also attributed Italy’s greater footprint in Europe, and its strong position backing Ukraine with arms and condemning Russian aggression, to the period of political unity.“The merit of these accomplishments was yours,” he told Parliament, adding to long applause, “I have never been as proud to be an Italian as I have been in these moments.”But many analysts believe that they are actually creditable to Mr. Draghi and his reputation as a senior European statesman who saved the euro as the president of the European Central Bank. Without him, they say, the period of stability, and potentially Italy’s support for Ukraine and relevance in Europe, would be imperiled.The Italian government held a confidence vote on Wednesday in the Senate. If Mr. Draghi does not receive the support he asked for, he will resign for good, and many analysts believe that President Sergio Mattarella will call for early elections.Fabio Frustaci/EPA, via ShutterstockMr. Draghi’s willingness to step back, at least momentarily, from the breach overcame the day’s first hurdle for Italians hoping that the current government will continue. But the Senate had five hours of dramatic debate ahead of it, and no one was quite sure what any of the parties would do as they all weighed their personal interests.Five Star, riddled with warring factions, was in a particularly delicate situation, as a decision to back or bolt from the government both seemed likely to splinter the movement and cause defections.It was also unclear if Mr. Draghi would continue or resign without the support of Five Star if many of its members left to support him. Another confidence vote is scheduled for Thursday in the Lower House of Parliament, where more Five Star defections are likely.“What was supposed to be Conte’s vengeance against Draghi became the self-sinking of the former prime minister, whose political limitations have emerged,” wrote Stefano Folli, a political commentator with La Repubblica. “However it ends,” Mr. Folli added, “Five Star is doomed to a marginal role.”As the Senate began its debate on Wednesday, no one was sure what would happen.“It’s all uncertain,” said Giovanni Orsina, a political scientist at Luiss Guido Carli, a university in Rome. “We’ll need to see whether the parties want to play along and still support him.”Mr. Draghi, left, visited Irpin, Ukraine, in June with other European leaders, like President Emmanuel Macron of France.Viacheslav Ratynskyi/ReutersMany of the parties were concerned about an upcoming budget bill, which Mr. Draghi also emphasized in his speech, but there were also excruciating political calculations for each of the individual parties.Five Star, which won 33 percent of the vote in 2018 and is, as a result, still the largest party in the government, has since cratered. It has dreaded elections for years, but as the country’s next scheduled elections approach in early 2023, the downside of early elections has decreased.Still, the party, which has lost about two-thirds of its national support, would stand to be decimated at the ballot box. Mr. Conte’s decision to take a stand last week was widely seen as an effort to regain some of the party’s long lost anti-establishment identity. Instead, it seems to have backfired.Mr. Draghi on Wednesday made it clear that his government would not cave in to Five Star’s demands. He held firm on military support for Ukraine, which Five Star opposes, and for the building of new gas facilities to give Italy energy independence from Russia as a matter of national security, something Five Star has also opposed.He said that Italy’s universal income benefit for its poorest citizens, Five Star’s trademark achievement, was a positive development, but that it needed to be improved so that it actually helped those who needed it and did not become an incentive not to work. For now, it is loathed by the business sector and considered by many to be a drag on employment.Matteo Salvini, center, the leader the League party, on Wednesday in the Senate. The right-wing coalition of which the League is part, with Forza Italia and the hard-right Brothers of Italy, is currently leading in polls.Fabio Frustaci/EPA, via ShutterstockThat hard line was met by heckling and disapproval from parts of the chamber.The center-left Democratic Party, which is most supportive of Mr. Draghi, was also in a difficult position because it was counting on an alliance with Five Star, or what is left of it, to bolster its own electoral fortunes in the next elections. But now an alliance with Five Star — the party that prematurely ended the Draghi era — was itself laden with danger, and fractures had emerged in the left over its wisdom.The right-wing coalition of the League party, led by the nationalist Matteo Salvini; Forza Italia, led by former Prime Minister Silvio Berlusconi; and the hard-right Brothers of Italy, led by Giorgia Meloni, was currently leading in polls, though it was not clear how eager they were to govern at such a delicate time.Mr. Salvini and Mr. Berlusconi have vowed to no longer sit in the same government with Five Star, but they also do not want to risk their credibility — especially with a business community that likes Mr. Draghi — by being seen as the ones who brought down the government. Italy’s political observers were paying especially close attention to what Mr. Salvini would do.In his speech, Mr. Draghi mentioned as part of his government’s program the priorities of powerful League governors in the country’s north who want the prime minister to stay on, potentially driving a wedge between them and Mr. Salvini were he to consider bolting.“Politically, Italians do not love the parties who rip up the government and lead them to elections,” Mr. Orsina said. But a main member of the alliance, Ms. Meloni has skyrocketed in the polls as she stayed in the opposition, and wants elections as soon as possible. More

  • in

    Ranil Wickremesinghe Elected President of Sri Lanka

    Despite clamor for change amid the country’s economic collapse, Ranil Wickremesinghe, who is tied to the exiled former president, was elected by lawmakers to replace him.COLOMBO, Sri Lanka — Ranil Wickremesinghe was elected president of Sri Lanka on Wednesday by lawmakers in Parliament, replacing Gotabaya Rajapaksa, who was pushed out of office last week by protesters who blamed him for the country’s economic collapse.“My life is this Parliament, so I’m grateful that Parliament has bestowed upon me this honor,” Mr. Wickremesinghe said after the vote was announced. He added, “The country is in a dire state.”In the scenic Galle Face area, where protesters have maintained a camp for more than 100 days, hundreds of people watched the votes being counted in Parliament on a large screen from the steps of the president’s office. As Mr. Wickremesinghe was declared the winner, the mood quickly deflated.“Ranil is a thief, and he will not be acceptable,” said Sakshila Silva, who was among the protesters. “The protest will continue.”Elected with an overwhelming majority of 134 out of 219 valid votes, Mr. Wickremesinghe will take over a country in crisis.Understand What Is Happening in Sri LankaCard 1 of 6A president ousted. More