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Teenager Fatally Shot During ‘Ding Dong Ditch’ TikTok Prank


A Virginia man has been charged with second degree murder after fatally shooting a teenager who was filming a prank for TikTok known as “ding dong ditch” with two friends around 3 a.m. on Saturday, according to court records and local authorities.

The Spotsylvania Sheriff’s Office responded to a reportof a resident firing shots during a burglary, and found two teenagers with gunshot wounds, the office said in a statement. One of the teenagers, Michael Bosworth Jr., 18, later died of his wounds. The second person was treated for minor injuries, and a third person in the group was unharmed, the sheriff’s office said. The two friends with Mr. Bosworth were both under 18.

The teenagers had been in the neighborhood to make a TikTok video, one of them told investigators in an affidavit filed in Spotsylvania Circuit Court. A “ding dong ditch” prank involves ringing doorbells or knocking on the front doors of houses before running away, and has become popular fodder for social media videos.

“The juvenile advised it’s something that people are doing to put on TikTok,” the affidavit said.

The group had knocked on a few doors in the area, one of the teenagers told a detective, adding that they were not familiar with the neighborhood. They were running away from a residence when they were shot, according to the affidavit. At least one video showing the teenagers doing the prank was still on one of the friends’ phones, the affidavit said.

The authorities arrested Tyler Chase Butler, 27, of Spotsylvania County, on Tuesday on charges of second degree murder, malicious wounding and use of a firearm in the commission of a felony, the sheriff’s office said. He was being held at Rappahannock Regional Jail on no bond, it said.

Mr. Bosworth was a senior at Massaponax High School in Fredericksburg, Va. The high school, which was set to hold its graduation for seniors on May 13, sent a message to the school community that counselors would be available to help grieving students.

A spokesman for the Spotsylvania Sheriff’s Office, reached by phone, declined to comment further. A lawyer for Mr. Butler did not immediately respond to requests for comment. G. Ryan Mehaffey, the Commonwealth’s Attorney for Spotsylvania County, declined to comment but said a preliminary hearing had been scheduled for June 18.

This style of prank has led to tragedy in the past. In 2020, a man in California crashed into a car of six teenagers, killing three of them, after they played a similar prank on him. He was sentenced to life in prison in 2023.

On Tuesday, a group of students gathered on the football field at Massaponax High School to remember their classmate, according to a video shared by an Instagram account run by students from the school. They shared memories about Mr. Bosworth and wrote messages on balloons before releasing them at sunset.

Jonathan Wolfe and Michael Levenson contributed reporting. Susan C. Beachy contributed research.





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Robert A.G. Monks, Crusader Against ‘Imperial’ C.E.O.s, Dies at 91

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Robert A.G. Monks, a lawyer and businessman from a prominent Massachusetts family who unsuccessfully ran for the U.S. Senate three times but found a calling in his 40s as an influential defender of shareholder rights, died on April 29 at his home in Cape Elizabeth, Maine. He was 91.

The cause was pancreatic cancer, which was diagnosed about a week before his death, his son, Bobby, said.

By age 40, Mr. Monks had worked his way up to partner at the Goodwin Procter law firm in Boston, amassed a fortune running a regional oil and coal firm and other businesses, and made the first of three unsuccessful runs for U.S. senator in Maine.

While campaigning during a Republican primary there in 1972, he noticed “big, slick bubbles of industrial discharge” in a river, Mr. Monks wrote in an unpublished memoir. That and other signs of pollution made him wonder how corporate behavior could be better controlled. His answer was to persuade shareholders to assert their ownership rights by pressuring corporate executives to act more responsibly toward society at large. This epiphany, as he described it, ultimately gave him the sense of purpose and direction he had been seeking.

He pursued his activist-shareholder agenda at the U.S. Labor Department, where he was appointed in 1983 to oversee the pension system. And in 1985, Mr. Monks, with Nell Minow, founded Institutional Shareholder Services, or ISS, which advises investors on how to vote on such matters as elections of directors, compensation policies and shareholder proposals.

ISS, now majority-owned by Deutsche Börse of Germany, and a rival company, Glass Lewis, are today the largest providers of such advisory services. Their influence is such that some corporate leaders and Republican politicians, accusing the firms of pursuing “woke” agendas, have recently called for the Securities and Exchange Commission to rein them in.

Mr. Monks’s main target was the concentration of power at the highest levels of corporate leadership. In 1991, he campaigned for a seat on the board of Sears, Roebuck & Co., whose share price had plunged amid losses of market share to more nimble retailers. Among other things, he sought to curb the powers of Edward A. Brennan, who was then serving as both chairman and chief executive of Sears.

Mr. Monks lost in that effort but continued to push for changes in Sears’ strategy. In May 1992, he bought a full-page ad in The Wall Street Journal naming Sears board members and shaming them as “non-performing assets.”

Sears at the time had been seeking to diversify, buying up financial service companies like the brokerage firm Dean Witter Reynolds and Discover credit card operations. But under pressure from Mr. Monks and other investors, Sears decided later that year to dump those businesses and focus on retail.

In 2003, Mr. Monks turned his attention to Exxon Mobil. At the company’s annual shareholders meeting, he lectured Lee Raymond, the chairman and chief executive. “The scope of your operations is global, and goes beyond the usual language of business into politics and foreign policy,” Mr. Monks said. “The scope of your power, Mr. Chairman, is truly imperial. You are an emperor.”

In addition to starting ISS, Mr. Monks founded a small fund-management firm, wrote books and essays, gave speeches and formed coalitions with other corporate-governance crusaders.

Partly as a result of his efforts and those of like-minded activists, more companies split the jobs of chairman and chief executive. (Among S&P 500 companies, 61 percent now divide those roles, up from 20 percent in 2000, according to ISS.) Far fewer boards are dominated by insiders, and institutional investors are more inclined to demand effective and ethical governance, Ms. Minow, the ISS co-founder, said.

Mr. Monks told The New York Times in 2007, “The notion that a company that creates a problem is exempted from trying to find a solution to that problem is like being in the elephant business but not having anyone in charge of going behind the elephant and cleaning up after it.”

In one area, executive pay, he conceded that he was unable to change behavior. Pay packages for chief executives have continued to climb from levels he considered “obscene” decades ago.

Using another animal metaphor, Mr. Monks described the limits of shareholder power: “When two gorillas get ready to fight, they throw dust at each other. I’m in the gorilla-dust business, and I’m in the gorilla-dust business not because I like it, but because it’s the only game in town.”

Robert Augustus Gardner Monks was born in Boston on Dec. 4, 1933, and spent his early years in what he described as a “rambling mansion” in the western Massachusetts town of Lenox. His ancestors, including Gardners and Peabodys, had been wealthy for generations. Dividends from AT&T and General Electric sustained the family comfortably through the Depression.

His father, George Gardner Monks, was a priest in the Episcopal Church and led the private Lenox School. His mother, Katherine (Knowles) Monks, ran the household and helped oversee family properties.

After graduating from St. Paul’s School in Concord, N.H., Mr. Monks went to Harvard, earning an undergraduate degree in history in 1954. He had stood out as a 6-foot-6 rower for the varsity crew and was awarded a Phi Beta Kappa key. He later rowed for the University of Cambridge in England, where he also studied history as a Fiske scholar.

In 1954, he married Millicent Sprague, known as Milly, a descendant of the Carnegie steel family. She later founded a dance company in Maine and wrote a memoir, “Songs of Three Islands: A Story of Mental Illness in an Iconic American Family.” She died in 2023.

In addition to his son, Mr. Monks is survived by a daughter, Melinda Monks; three grandchildren; and six great-grandchildren.

Mr. Monks earned his law degree at Harvard in 1958. At Goodwin Procter, his first stop after law school, he impressed colleagues with his ability to find clients among his many family connections. At age 31, though, he was tired of law and left Goodwin to take on various executive roles revitalizing and in some cases selling family businesses.

A friend recruited him to be a director of Boston Co., a fund management concern, where he became chairman and a major shareholder — and cashed in when the firm was sold in 1981. Donations to Republican causes set him up for his Labor Department appointment during the Reagan administration.

As a dogged Republican candidate for the Senate, Mr. Monks lost to Senator Margaret Chase Smith in the primary in 1972, to Senator Edmund Muskie, a Democrat, in the general election in 1976, and to Susan Collins, a Republican who remains in office, in the 1996 primary. He concluded that his political talents were slight. In his memoir, however, he wrote that campaigning was a joyful experience that brought him into contact with working-class people he never would have met otherwise.

A 1999 biography of him by Hilary Rosenberg was titled “A Traitor to His Class,” a label that Mr. Monks called appropriate. A devotee of transcendental meditation, he enjoyed being a maverick and needling plutocrats — a tendency that had the effect of shrinking his social circle, he wrote.

Even so, he was careful not to exaggerate his heroism. “I’m more conservative than I like to think,” he told The Financial Times in 2005. “I’m talking a brave game, but I have a lot of money, and I’m never risking anything I can’t afford to lose.”



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Raducanu races past Teichmann in dominant performance in Rome

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Highlights of the Rome Open match between Emma Raducanu and Jil Teichmann.



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Newark Airport Suffers Another Radar Outage

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An air traffic control facility that guides planes at Newark Liberty International Airport suffered a brief radar outage on Friday morning, the latest technological disruption at one of the nation’s busiest airports.

The Federal Aviation Administration said that the outage, which affected communications and radar displays at the facility in Philadelphia, occurred just before 4 a.m. and lasted about 90 seconds.

An air traffic controller mentioned the outage to the pilot of FedEx flight 1989 around that time, according to a publicly available recording of air traffic control communications with pilots.

“FedEx 1989, I’m going to hand you off here, our scopes just went black again,” the controller said. “If you care about this, contact your airline and try to get some pressure for them to fix this stuff.”

“Sorry to hear about that,” the pilot replied.

ABC News reported on the outage earlier.

A similar outage last week, on a Monday afternoon, upended travel at the airport, leaving controllers with no way to communicate with pilots and keep planes from crashing into one another. Several controllers working that afternoon were distressed by that episode and took time off, which resulted in several days of low staffing at the facility, causing widespread flight delays and cancellations.

This is a developing story. Check back for updates.

Michael Levenson contributed reporting.



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The 2006 Zuckerberg Quote at the Center of Meta’s Antitrust Trial


In September 2006, Mark Zuckerberg, the chief executive of Facebook, described what made his social network special.

“Facebook is about real connections to actual friends,” he wrote in a company post.

Two decades later, that description is at the center of a landmark antitrust trial against Mr. Zuckerberg’s social networking empire, now called Meta, and whether it illegally stifled competition. In essence, the trial has raised the question of whether social networking is simply about connections to friends and family, or whether it is something more.

The Federal Trade Commission, which is prosecuting the case, has tried to narrowly define social networking as a service that links friends and family. Under that definition, Meta would really compete only with Snap, the maker of Snapchat, which it dwarfs in size and users. But Meta has argued that all social media companies count as rivals, especially TikTok and YouTube, which would mean that competition was more abundant.

“The friend part has gone down quite a bit,” Mr. Zuckerberg said in testimony at the trial last month, downplaying his words from 2006.

The opposing definitions of social media in the case — Federal Trade Commission v. Meta Platforms — illustrate how much social networking has evolved over more than a decade and how slippery it has become to pin down. Meta has expanded far beyond Facebook’s roots as a bulletin board for college students, and scores of newer companies have developed similar products, emulating popular features such as the “like” button and news feed.

In the first four weeks of the trial, a parade of social media executives from companies including Reddit, Pinterest and LinkedIn have done little to help clarify a social networking definition. They acknowledged that they all competed for the same users, but in many cases offered very different products.

Defining where Meta fits into the social media landscape will be the first and most important decision for Judge James E. Boasberg of the U.S. District Court for the District of Columbia, who is presiding over the trial.

It will be “no walk in the park,” Judge Boasberg wrote in an opinion late last year.

The case examines whether Meta’s purchases of Instagram in 2012 for $1 billion and WhatsApp in 2014 for $19 billion illegally quashed competition. Judge Boasberg’s decision will have broad implications for the tech market as the industry faces a yearslong bipartisan push to curb Silicon Valley’s power and grip over speech, entertainment, commerce and computing.

If he sides with the government, which has said it seeks to break up Meta, the decision could deter the voracious appetites of the biggest tech companies to buy smaller rivals. That would shake up the start-up economy, where many founders rely on bigger players to acquire their companies for huge sums of money, allowing investors to cash out.

“It is a significant case because the world we’re in now has gotten a lot more complex, and so if the F.T.C. wins, there will likely be more aggressive antitrust enforcement,” said Daniel Rubinfeld, a former deputy assistant attorney general at the Justice Department who worked on the government’s antitrust case against Microsoft more than two decades ago.

In most antitrust cases, the competitive market is easier to define, legal experts said. Prices are used as the foundation to evaluate a company’s power and effect on competition. That could include a merger or anticompetitive behavior that pushes up prices for airline tickets or home appliances, for example.

But internet companies like Meta offer free services to consumers, turning its case into a novel legal debate.

In his opening statements, Daniel Matheson, the government’s lead lawyer in the case, accused Meta of being “a monopolist of personal social networking services in the United States,” with two competitors: Snap and the tiny app MeWe.

Mr. Matheson argued that Meta’s network of people who knew one another was key to the company’s growth and that it attracted advertisers that were interested in users promoting goods to their close connections.

Meta fired back, saying that it now primarily competed for the attention of users who scrolled through short-form videos on YouTube and TikTok. Its top litigator, Mark Hansen, said the company went into “crisis” mode when TikTok became available in the United States in 2018.

On Thursday, one of Meta’s lawyers asked Adam Mosseri, the head of Instagram, if the app was more like Facebook or TikTok.

“I’d put Instagram between the two, but much closer to TikTok,” he said. Instagram began as an app to connect friends, he added, but users now turn to it much more for entertainment.

Clouding the picture, the parade of executives from other social media companies have done little to define the industry’s market.

“YouTube and Instagram are TikTok’s most important competitors,” according to an internal TikTok document from 2021 presented by Meta’s lawyers.

When asked about the rivalry, Adam Presser, TikTok’s head of operations, undercut the idea by saying the apps function differently: “I don’t think of us as a social app.”

YouTube is mainly used for entertainment, and people rarely use the platform to share content or follow other users they know, said Aaron Filner, a senior director at the company.

When it comes to the social media site X, “I would guess that more people these days think of it as a place to see what’s new and what’s happening in the world versus thinking of it as a place to share pictures and whatnot with friends and family,” said Keith Coleman, the company’s vice president of product.

Legal experts said it was typical to squabble over market definitions.

In 1997, the F.T.C. successfully sued to block a merger of Staples and Office Depot, warning of concentration in the office supply store market. The companies had argued they competed against other retailers like Walmart.

The next year, the government accused Microsoft of squeezing competition by tying its internet browser to its popular Windows operating system. The government persuaded the judge to narrowly define the market in the case as personal computers that run on Intel chips, excluding Apple computers and hand-held devices.

“The F.T.C. in the Meta case is taking a traditional approach to defining markets narrowly, but the challenge here is that the market feels different because it is digital and it makes sense that the competition is for eyeballs and attention,” said John Newman, a professor of law at the University of Miami and a former F.T.C. official who worked on the agency’s case against Meta.

Judge Boasberg has given little indication of his thinking. Still, he has noted that the various social media apps seem to have many of the same features, asking if the way they are used is “just a difference in degree.”

He noted that texting had supplanted voice calls, something he described as “elderly communications.” Younger users are even more facile in switching up platforms and technologies.

“Aren’t those norms changing all the time?” Judge Boasberg, who doesn’t use social media, asked an expert witness.



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Republican Agenda Hits Familiar Obstacle: State and Local Taxes


Gerhard Randers-Pehrson, an 81-year-old resident of Ossining, N.Y., believes the $10,000 cap should go up — but not too much. While Mr. Randers-Pehrson, a retired research scientist, said he paid $16,000 in state and local taxes last year, he does not expect to personally benefit from a higher cap. He would take the standard deduction instead of itemizing. But the issue still bothers him.

“I don’t think we should punish areas that try to do right by the municipal services they provide,” he said. His congressman, Representative Mike Lawler, a Republican and one of the holdouts on the issue, has proposed lifting the cap to $100,000 for individuals and $200,000 for married couples. Mr. Randers-Perhson believes such an increase would be too high.

Even among Republicans who want to raise the limit, agreeing on a demand has been a challenge.

Representative Jeff Van Drew, Republican of New Jersey, has said that a cap around $30,000 or $40,000 would be acceptable, while a group of four New York Republicans put out a statement on Thursday calling a $30,000 cap “insulting.” Representative Young Kim, Republican of California, recently floated a $62,000 deduction per individual. Representative Nicole Malliotakis, a New York Republican on the Ways and Means Committee, meanwhile, has suggested that Americans under a certain income limit should be able to take the full deduction.

“I was always focused on people that I represent in Staten Island and Brooklyn, who mostly all make under $500,000,” she said.

House Republican leaders remain optimistic they can thread the needle. Beyond SALT, they are also grappling with a last-minute push from Mr. Trump to raise taxes on the rich, though the president appeared to again back away from that idea in a social media post on Friday. “Republicans should probably not do it, but I’m OK if they do!” the president wrote.



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Trump Suggests Openness to Slashing China Tariffs Ahead of Trade Talks

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President Trump suggested on Friday that he was open to sharply reducing the tariffs that the United States had imposed on China, as American and Chinese negotiators prepare to meet in Switzerland this weekend for high-stakes trade talks.

Trade tensions between the United States and China have roiled international markets and the global economy. The negotiations on Saturday and Sunday are intended to de-escalate the situation and help set the stage for a broader trade pact between the two economic superpowers.

In a post on social media, Mr. Trump said that an 80 percent tariff on China “seems right,” adding that it would be “up to Scott B,” an apparent reference to Treasury Secretary Scott Bessent.

An 80 percent tariff would be a big drop from the current 145 percent that Mr. Trump imposed on Chinese imports in recent months. But that high a level would still shut off most trade between the countries. Chinese data released on Friday showed shipments from that country to the United States plunged 21 percent in April from the same period a year ago.

It’s also unclear if the talks will lead to any short-term resolution for two governments that have serious economic disputes and have taken a harsh tone toward the other in recent months.

The Trump administration has been racing to strike trade deals with other countries ahead of a self-imposed deadline for additional tariffs to go in effect on most trading partners. But it has remained in a standoff with China, which is already subject to a minimum tariff of 145 percent on all imports.

This week, the two sides agreed to hold meetings in Geneva that will include Mr. Bessent; Jamieson Greer, the U.S. trade representative; and He Lifeng, China’s vice premier for economic policy.

Stock markets in the United States opened higher on Friday after Mr. Trump expressed a willingness to lower tariffs and said in a separate post that many trade deals were “in the hopper.” On Thursday, Mr. Trump highlighted a new preliminary economic pact with Britain as evidence that his tariff strategy is working.

The recent elevation of Mr. Bessent, who is viewed as a pragmatist on trade, to lead the talks with China has also helped to calm markets. The Treasury secretary has argued that the tariffs and trade restrictions that the United States and China have levied are “unsustainable” and has urged Beijing to begin talks to address what the Trump administration views as unfair trade practices.

Despite signs of greater flexibility from Mr. Trump, an 80 percent tariff may not be low enough to restart business across the Pacific.

While it differs from company to company, some executives have said that tariffs above 50 percent are generally enough to freeze exports to the United States. Companies that are not able to find an alternative source of supply for their products outside China are facing the prospect of bankruptcy and layoffs as the summer grinds on and even 25 percent tariffs can be crippling.

Speaking at the Milken Institute Global Conference in Los Angeles this week, Jane Fraser, the chief executive of Citigroup, said companies could withstand lower tariffs, though trade uncertainty had forced them to pause investment and hiring.

“If it is 10 percent, most of the clients we talk to say, ‘Yeah, we can absorb that,’” she said. “If it is 25 percent, not so much.”

Economists have warned that the chances of a recession in the United States are rising because of Mr. Trump’s tariffs. Last month, the International Monetary Fund downgraded its outlook for the United States and global output.

While some companies have started to increase their prices as a result of the levies, the effects of Mr. Trump’s tariffs haven’t been so obvious yet for U.S. consumers. That is because it takes many weeks to ship items to the United States from China by sea, and because companies have stockpiled generous amounts of inventory ahead of the tariffs coming into effect.

But as trade between the United States and China remains at a standstill, those effects start to compound and become more apparent, in the form of higher prices and short supply.

“The companies know what’s happened,” said Ryan Peterson, the chief executive of Flexport, a logistics company. “Their business models are under a huge amount of pressure.”

The longer the United States waited to make changes to tariffs, he added, “the more severe the shock will be.”

It remains unclear how Beijing will receive Mr. Trump’s change of tone. After weeks of refusing to “kneel down” to the demands of the United States, China said it had decided to come to the table because of “global expectations, China’s interests and the calls of American industry and consumers.”

But it has also struck a defiant tone. “We have no fear,” Hua Chunying, vice foreign minister, told reporters on Friday during a trip to China’s countryside. “We do not want any kind of war with any country. But we have to face up to the reality,” she said, according to a report from Reuters.

The Chinese government has not confirmed who else will be with Mr. He in talks with American officials. But Wang Xiaohong, China’s minister of public security, was traveling with Mr. He in Switzerland, according to one source who agreed to speak on the condition of anonymity. Any negotiations on fentanyl would be led by Mr. Wang, who is also the director of China’s narcotics control commission.

The talks “seem more like efforts to probe at the positions of the other side,” said Ja-Ian Chong, an associate professor of political science at the National University of Singapore. The Chinese side may say it is willing to make concessions in areas like balancing the country’s trade surplus, or help to curb the export of precursors for fentanyl.

“I am doubtful anything concrete is going to come out of this upcoming set of meetings,” Mr. Chong added.

But the Trump administration has been under pressure to show progress in trade talks after weeks of volatility in markets and growing fears on Wall Street and in corporate America of a downturn.

“Everything that’s been going on with the meeting in Switzerland is very promising to us,” Kevin Hassett, director of the White House’s National Economic Council, said on CNBC on Friday. “We’re seeing collegiality and also sketches of positive developments.”

Mr. Trump said at the White House this week that he expected the talks with China to be substantive. But analysts have tempered their optimism about a quick breakthrough because China usually prefers to engage in extended and formal negotiations. Besides tariff reductions, a more specific list of requirements from both sides are expected for a comprehensive deal.

Despite Mr. Trump’s affinity for imposing tariffs, in a separate post on Truth Social on Friday he made the case for open markets and called on China to expand access for American businesses.

“CHINA SHOULD OPEN UP ITS MARKET TO USA — WOULD BE SO GOOD FOR THEM!!! CLOSED MARKETS DON’T WORK ANYMORE!!!” Mr. Trump wrote.

Tony Romm contributed reporting.



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How Apple Created a Legal Mess When It Skirted Judge’s Ruling


Several weeks after a federal appeals court said Apple would have to loosen its grip on its App Store, Tim Cook, the company’s chief executive, and his top lieutenants debated what to do.

For more than a decade, Apple had required apps to use the App Store payment system and collected a 30 percent commission on app sales. Now, in 2023, the courts were ordering it to allow apps to avoid Apple’s payments and go directly to online consumers. Mr. Cook wanted to know: Could Apple still charge a commission on those sales without violating a court order?

Phil Schiller, who oversaw the App Store, worried that new fees could be illegal. He favored making online sales free of an Apple commission. Luca Maestri, who oversaw the company’s finances, disagreed. He favored charging a commission of 27 percent for online sales because it would protect the company’s business.

Mr. Cook sided with Mr. Maestri, and Apple set out to justify that choice. It “manufactured” an independent economic study to legitimize its decision, a federal judge said in an angry ruling last week. It withheld thousands of documents under attorney-client privilege claims. And at least one of its executives lied on the witness stand.

The judge’s ruling, as well as witness testimony this year and company documents released on Thursday, shows the extraordinary measures that Apple took to keep every penny it collected in the App Store. The decision by Judge Yvonne Gonzalez Rogers, who heard the initial lawsuit brought by the video game company Epic Games in 2020, could cast a shadow over Apple’s business for years, weakening its credibility as legal scrutiny of its operations intensifies.

The company is also trying to fend off a half dozen other legal challenges, including a Justice Department antitrust lawsuit accusing it of maintaining an iPhone monopoly, class action lawsuits from app developers in the United States and anticompetitive investigations of its App Store by the European Union, Britain, Spain and potentially China.

“If you burn your credibility with the courts, the next judge is going to be a lot less willing to forgive,” said Mark A. Lemley, a Stanford University professor of antitrust and technology law. In future cases for Apple, he said, “it’s going to be easier for a judge to jump to the conclusion that people are lying.”

Google has shown that a company’s actions can cast a shadow over high-stakes legal proceedings. Last month, in an antitrust case over its advertising technology, a judge said the company’s efforts to conceal its communications had raised questions about whether it would follow the court’s remedies for its behavior.

Apple is appealing Judge Gonzalez Rogers’s ruling, which held the company in civil contempt. In requesting a delay of the court’s order to loosen its grip on the App Store, Apple said on Wednesday that it would show the contempt finding was “unwarranted.” The company declined to comment further for this article.

Epic, the developer of Fortnite, sued Apple in 2020, accusing it of violating antitrust laws by forcing developers to use its App Store payment system. Judge Gonzalez Rogers ruled largely in favor of Apple, finding it wasn’t a monopoly, as Epic had argued. But she said Apple had violated California competition law and ordered the company to allow apps to include links and buttons to buy software and services outside the App Store.

Apple created a task force, code-named Project Wisconsin, to respond to the order. It considered two different solutions. The first would allow apps to include links for online purchases in restricted locations, free of a commission. The second would allow apps to offer those links where they wished but force them to pay a 27 percent commission on sales.

With links and no commission, Apple estimated it could lose hundreds of millions of dollars, even more than $1 billion. With a 27 percent commission, it would lose almost nothing.

Mr. Cook met with the team in June 2023. He reviewed a range of commission options, from 20 to 27 percent. He also evaluated analysis showing that few developers would leave Apple’s payment system for their own if there was a 27 percent commission, court records show. Eventually, he chose that rate while also approving a plan to restrict where apps put links for online purchases.

Afterward, Apple hired an economic consultant, Analysis Group, to write a report that Apple could use to justify its fees. The report concluded that Apple’s developer tools and distribution services were worth more than 30 percent of an app’s revenue.

Apple also created screens to discourage online purchases by making them seem scary and “dangerous,” court documents show. Mr. Cook weighed in, asking the team to revise a warning to emphasize Apple’s privacy and security. Rather than “You will no longer be transacting with Apple,” the company said: “Apple is not responsible for the privacy or security of purchases made on the web.”

When Apple revealed its 27 percent commission in January 2024, Epic filed a claim in court that Apple wasn’t complying with the judge’s order. Judge Gonzalez Rogers brought Apple and Epic back to court. Alex Roman, a vice president of finance, testified that Apple had made its final decision on its commission on Jan. 16, 2024. Executives also testified that the Analysis Group report had helped them set the commission rate.

Judge Gonzalez Rogers questioned whether Apple was telling the truth and asked the company to provide documents about its plans. It produced 89,000 documents but claimed a third of them were confidential. The court said those claims were “unsubstantiated” and forced Apple to turn over more than half of the documents.

The documents made clear that Mr. Roman had lied under oath, that the Analysis Group report was a “sham” and that Apple had “willfully” disregarded a court order, Judge Gonzalez Rogers said. She called it a “cover-up.”

Her ruling will give prosecutors, regulators and judges ammunition against Apple’s defense strategies in a half dozen similar cases around the world, several antitrust and tech law professors and lawyers said.

When the company tries to redact or withhold documents, prosecutors and judges can point to how those strategies were found to be “tactics to delay the proceedings” in the Epic Games case, these experts said. When Apple executives testify, prosecutors and judges could question their credibility because the company was found to “hide the truth” and “outright lie.”

In the Justice Department’s antitrust case and others against Apple, said Colin Kass, an antitrust lawyer at Proskauer Rose, courts and regulators seeking Apple documents “will start the process by saying, ‘Open your doors, and don’t you dare try those silly little games you used in the past.’”

The company will face more skepticism about defenses, as well, in the Justice Department’s lawsuit, said Rebecca Haw Allensworth, a law professor at Vanderbilt University who studies antitrust. In the past, Apple has said it shows green bubbles for an Android owner’s messages because communicating across smartphone systems is less secure. But she said those claims might be considered less credible after the Epic ruling.

Ms. Allensworth said the judge’s opinion also could stiffen the resolve of the European Union, Britain, Spain and others pressing Apple to change its App Store practices because regulators and courts often find safety in numbers.

“Apple has been acting like they’re above the law,” she said. “This sends a signal Apple is not.”



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DOGE’s Zombie Contracts: They Were Killed but Have Come Back to Life

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At least 44 of the government contracts canceled on the orders of Elon Musk’s cost-cutting initiative have been resurrected by federal agencies, wiping out more than $220 million of his group’s purported savings, according to a New York Times analysis of federal spending data.

But Mr. Musk’s group continues to list 43 of those contracts as “terminations” on its website, which it calls the “Wall of Receipts.” The group even added some of them days or weeks after they had been resurrected. The result was another in a series of data errors on the website that made the group seem more successful in reducing government costs than it had been.

The White House says that this is a paperwork lag that will be remedied.

The revived contracts ranged from small-dollar agreements about software licenses to large partnerships with vendors that managed government data and records. Most of the contracts were canceled in February and March, when Mr. Musk’s group, the Department of Government Efficiency, was demanding that agencies make huge cuts in spending and staff.

Then agencies reinstated them, sometimes just days later. In one case, the Environmental Protection Agency revived a contract after just 2 ½ hours. Mr. Musk’s group still listed that one as canceled for weeks afterward, even after it had been revived and then extended — so that it will cost more now than before.

These reversals illustrated not only the struggles of Mr. Musk’s team to produce accurate data about its results, but also the drawbacks of its fast, secretive approach to cutting spending as part of a sweeping effort to slash $1 trillion from the $7 trillion federal budget in a few months.

Contractors said that, in its rush, Mr. Musk’s group had recommended killing contracts that were unlikely to stay dead. Some were required by law. Others required skills that the government needed but did not have.

Their reversals raise broader questions about how many of the Musk group’s deep but hasty budget cuts will be rolled back over time, eroding its long-term effect on bureaucracy and governing in Washington.

In Northern Virginia, the government contractor Larry Aldrich was notified in February that his company, BrennSys, had lost its contract to do web design and produce videos for a Department of Veterans Affairs website for veterans with post-traumatic stress disorder.

“The V.A. cannot do this work on its own,” Mr. Aldrich said. “They don’t have the manpower, or the skill set.”

It did not last.

“Two weeks later, we got an email saying it was going to be reinstated,” Mr. Aldrich said. “I was like, Wow, somebody must have gone back and told them, ‘We can’t do this.’”

A White House spokesman, Harrison Fields, said the reversals showed that agencies had re-evaluated cuts they made in the initial push to comply with Mr. Musk’s directions.

“The DOGE Wall of Receipts provides the latest and most accurate information following a thorough assessment, which takes time,” Mr. Fields said. “Updates to the DOGE savings page will continue to be made promptly, and departments and agencies will keep highlighting the massive savings DOGE is achieving.”

Mr. Musk’s group has listed more than 9,400 contracts it claims credit for canceling, for a total of $32 billion in savings. In all, Mr. Musk’s group says it has saved taxpayers $165 billion.

Compared with that output, Mr. Fields said, the reversals identified by The New York Times were “very, very small potatoes.”

He declined to say if contracts on the group’s list beyond those that The Times found had also been revived.

The Times uncovered those reversals by searching the Federal Procurement Data System, a government system that tracks changes to contracts. The Times looked for instances where contracts listed as canceled on Mr. Musk’s website had shown signs of new life, such as having added funding, an extended timeline, or an update that included words like “rescind” or “reinstate.”

That search turned up 44 of the cost-cutting group’s zombies, contracts killed but then restored to life.

That total may still be an undercount, because changes to contracts can take time to appear in the procurement data system, and because there is no standard way to identify a reinstated contract in this system. The Times’s search may have missed some.

The resurrections began in mid-February.

Raquel Romero and her husband had a contract to offer leadership training to lawyers at the Agriculture Department. They lost it on Feb. 14, and gained it back four days later.

That was a godsend for Ms. Romero and her husband, providing $45,000 in revenue at a time when all their other federal business had disappeared.

“We had lost all of the income that we were planning for calendar year 2025. We’ve had to sell our house. We’re in the process of moving into a condo,” she said. “We just feel really fortunate that we had this resource to buy some time.”

The Agriculture Department said in a statement that it had restored this contract after discovering it was “required by statute.” It declined to say which statute. Ms. Romero said she felt the reinstatement was the product of personal intervention, crediting a senior Agriculture Department lawyer who had been a major supporter of her and her husband’s work.

“All I know is, she retired two weeks later,” Ms. Romero said.

Other reversals began to follow.

The Department of Veterans Affairs reinstated 16 contracts, the most of any agency in The Times’s analysis.

That department declined to comment about why. But veterans’ groups noted that some of the canceled contracts involved functions required by law, such as a contractor who helped veterans search for military records to use as proof in obtaining benefits.

That contract was restored after eight days.

At the Education Department, Mr. Musk’s group said it had saved $38 million over multiple years by canceling a contract to manage a repository of data about schools nationwide. But lawmakers and advocacy groups objected, saying that the law required that data to be collected, and that the government needed it to determine which schools qualified for certain grants, like some tailored for rural areas.

“They should have used a scalpel,” said Rachel Dinkes of the Knowledge Alliance, an association of education companies, including the one that lost this contract. “But instead they went in with an ax and chopped it all down.”

That grant was restored after 18 days, but with $17 million of its potential funding stripped away.

The shortest-lived cancellation involved an E.P.A. contract, signed in 2023, to pay a Maryland-based company for help raising awareness about asthma. The E.P.A. canceled that contract at 4:31 p.m. on March 7, according to contracting data. Then it reinstated the contract — in effect, canceling the cancellation — at 6:58 p.m. the same night.

Why?

“Any procurement that is reinstated reflects that the agency determined that funding action supported Administration priorities,” the E.P.A. said. The agency declined to give details about this case. Last month, the E.P.A. extended this contract for another year, agreeing to pay $171,000 more than before the cancellation. The contractor did not respond to questions.

From the start of his group’s work, Mr. Musk said the government would most likely have to undo some spending cuts.

“We need to act fast to stop wasting billions of dollars of taxpayer money,” Mr. Musk said on “The Joe Rogan Experience” podcast in February. “But if we make a mistake, we’ll reverse it quickly.”

But Mr. Musk also made a second promise, crucial to carrying out the first. He said his group would post the details of its work online to enable the public to have an accurate and up-to-date picture of what it had cut.

“We can name the specifics, line by line,” Mr. Musk said in the same interview. “We’ve got the receipts. We post the receipts.”

The Times has found numerous errors on the group’s website since the beginning. Often, these errors inflated the value of the savings Mr. Musk’s team had achieved. Mr. Musk promised the group could make $1 trillion in budget cuts this year, but so far it has fallen far short of that aim. And even those cuts have been inflated because of the inclusion of errors and guesswork.

Mr. Musk’s group, for instance, previously claimed credit for canceling programs that actually ended years or even decades ago. It also double-counted the same cancellations, and once posted a claim that confused “billion” and “million.”

This month, The Times sent the White House a list of dozens of revived contracts that were still on the list. Two days later, Mr. Musk’s group removed one: the E.P.A. contract that had been canceled for less than a day.

But at the same time, it added five other already-revived contracts to its list of “terminations,” claiming credit for $57 million more in savings that had already been rolled back.



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A Decade-Long Search for a Battery That Can End the Gasoline Era


On a frigid day in early January, as she worked in her office in the Boston suburb of Billerica, Mass., Siyu Huang received a two-word text message.

“Spinning wheels,” it said. Attached was a short video clip showing a car on rollers in an indoor testing center.

To the untrained eye there was nothing remarkable in the video. The car could have been getting its emissions tested at a Connecticut auto repair shop (except it had no tailpipe). But to Ms. Huang, the chief executive of Factorial Energy, the video was a milestone in a quest that had already occupied a decade of her life.

Ms. Huang, her husband, Alex Yu, and their employees at Factorial had been working on a new kind of electric vehicle battery, known as solid state, that could turn the auto industry on its head in a few years — if a daunting number of technical challenges could be overcome.

For Ms. Huang and her company, the battery had the potential to change the way consumers think about electric vehicles, give the United States and Europe a leg up on China, and help save the planet.

Factorial is one of dozens of companies trying to invent batteries that can charge faster, go farther, and make electric cars cheaper and more convenient than gasoline vehicles. Transportation is the biggest source of man-made greenhouse gases, and electric vehicles could be a potent weapon against climate change and urban air pollution.

The video that landed in Ms. Huang’s phone was from Uwe Keller, the head of battery development at Mercedes-Benz, which had been supporting Factorial’s research with money and expertise.

The short clip, of a Mercedes sedan at a research lab near Stuttgart, Germany, signaled that the company had installed Factorial’s battery in a car — and that it could actually make the wheels move.

The test was an important step forward in a journey that had begun while Ms. Huang and Mr. Yu were still graduate students at Cornell University. Until then, all their work had been in laboratories. Ms. Huang was excited that their invention was venturing into the world.

But there was still a long way to go. The Mercedes with a Factorial battery hadn’t yet been taken out on the road. That was the only place the technology really mattered.

Many start-ups have produced solid-state battery prototypes. But no American or European carmaker has put one into a production vehicle and proved that the technology could survive the bumps, vibrations and moisture of the streets. Or if any have, they have kept it a secret.

In late 2023, Mr. Keller, a veteran Mercedes engineer, proposed to Ms. Huang that they try.

“We’re car guys,” Mr. Keller said later. “We believe in things really moving.”

Ms. Huang stands out in a niche dominated by men from Silicon Valley. Some brag about their 100-hour workweeks; she believes in a good night’s sleep. “Having a clear mind to make the right decision is more important than how many hours you work,” she said.

She is approachable and laughs easily, but also projects determination. She works from a sparsely decorated office in Billerica that looks out on a patch of forest crossed by power lines. The furnishings include a plain black bookcase, stocked with a few technical volumes, that she inherited from a previous tenant. Her diplomas from Cornell — a Ph.D. in chemistry and a master’s in business administration — hang on the wall.

Ms. Huang grew up in Nanjing, China, where she was in an elementary school program that had her gather environmental data. The program instilled an interest in chemistry and an awareness of the vehicle exhaust and industrial pollution choking Nanjing’s air. She realized, she recalled, that “we need to grow a planet that’s healthier for human beings.”

In a dormitory at Xiamen University on China’s southern coast, where she studied chemistry, she saw an advertisement for a Swedish exchange program. After spending two years there, she and Alex, whom she had known since they were students in China, were both accepted to doctoral programs in Cornell’s chemistry department. She arrived in Ithaca, N.Y., in 2009 with $3,000, which she had managed to save from her Swedish scholarship. They have both since become U.S. citizens.

They were star students, said Héctor Abruña, a professor at Cornell known for his research in electrochemistry. He still has a picture on his office bookshelf of himself with Mr. Yu and Ms. Huang in their commencement robes.

With an idea that grew out of Dr. Abruña’s lab and some seed money from the State of New York, Mr. Yu and Ms. Huang founded the company that later became Factorial while she was still completing her business degree.

“They are extremely dedicated and extremely bright,” said Dr. Abruña, who continues to advise Factorial. “Straight shooters — zero BS.”

Mr. Yu is now Factorial’s chief technology officer. The company is, in that sense, a family operation. Ms. Huang is reticent about their private life, declining to say even how many children they have.

Initially the company focused on improving the materials that allow batteries to store energy. That changed after Mercedes invested in Factorial in 2021. Mercedes was looking for a bigger technological leap and encouraged Factorial to pursue solid state.

The technology has that name because it eliminates the liquid chemical mixture, known as an electrolyte, that helps transport energy-laden ions inside a battery. Liquid electrolytes are highly flammable. Replacing them with a solid or gelatinlike electrolyte makes batteries safer.

A battery that doesn’t overheat can be charged faster, perhaps in as little time as it takes to fill a car with gasoline. And solid-state batteries pack more energy into a smaller space, reducing weight and increasing range.

But solid-state batteries have one big drawback that explains why you can’t buy a car with one today. Such battery cells are more prone to grow spiky irregularities that cause short circuits. Vast riches await any company that can overcome this problem and develop a battery that is durable, safe and reasonably easy to manufacture.

Despite obvious differences between Factorial and Mercedes — the start-up has a little more than 100 employees, compared with 175,000 — Ms. Huang’s working style meshed with the culture at Mercedes and its roots in Swabia, the region around Stuttgart where people are known for their no-nonsense approach and restraint.

Mr. Keller found Ms. Huang’s low-key, factual manner to be a welcome contrast to the hype and unfulfilled promises that are pervasive in the battery and technology industries. Factorial, he said, “has not been announcing, announcing, announcing and not delivering.”

It’s an axiom in the battery business that producing a cool prototype is the easy part. The challenge is figuring out how to make millions of solid-state batteries at a reasonable price.

Factorial confronted that problem in 2022, setting up a small pilot factory in Cheonan, South Korea, a city near Seoul known for its tech industry. The project became, in Ms. Huang’s words, “production hell” — the same phrase Elon Musk used when Tesla was struggling to mass-produce a sedan and nearly went bankrupt.

To make money, a battery factory can’t produce too many defective cells. Ideally the yield, the percentage of usable cells, should be at least 95 percent. Hitting that target is devilishly difficult, involving volatile chemicals and fragile separators layered and packaged into cells with zero margin for error. The machinery doing all this is encased in Plexiglas chambers and overseen by workers dressed in head-to-toe protective gear to prevent contamination.

Dozens of companies are trying to mass-produce solid-state cells, including big carmakers like Toyota and smaller ones like QuantumScape, a Silicon Valley start-up backed by Volkswagen. Mercedes, hedging its bets, is also working with ProLogium, a Taiwanese company.

Nio, a Chinese carmaker, sells a vehicle with what it advertises as a solid-state battery. Analysts say the technology is less advanced than what Factorial is developing, offering fewer advantages in weight and performance. But there is little doubt that Chinese companies are investing heavily in solid state. Nio did not respond to a request for comment.

Every company has its own closely guarded recipes and manufacturing processes. “It’s difficult to say which technology will win,” said Xiaoxi He, a technology analyst at IDTechEx, a research firm.

Partly because solid-state batteries are so difficult to manufacture, many auto executives are skeptical that they will make commercial sense anytime soon. Shares in many solid-state battery start-ups have plunged, and management turmoil is common.

Factorial has insulated itself from the harsh judgments of Wall Street by never selling stock. Its funding comes from private investors including WAVE Equity Partners, a Boston firm, and partners that include the South Korean automaker Hyundai; LG Chem, a South Korean company that makes battery materials; and Stellantis, which next year plans to test Factorial batteries in Dodge Charger muscle cars.

Projections of how soon solid-state batteries would be available have proved overly optimistic. Toyota displayed a futuristic prototype in 2020, but the company is still years away from selling a car with a solid-state battery.

Kurt Kelty, a vice president at General Motors in charge of batteries, is among those who will believe it when they see it. “We’re not banking on solid state,” Mr. Kelty said.

In the beginning, Factorial’s prototype assembly line in South Korea had a yield of just 10 percent, meaning 90 percent of its batteries were faulty. Despite her preference for a good night’s sleep, Ms. Huang often had to wake up at 4 a.m. to deal with problems at the factory, which was operating around the clock. She was in South Korea at least once a month.

“There were always issues,” she said. “There was a point, I was like, I don’t even know if we can make it.”

By 2023, Factorial had produced enough cells suitable for an automobile that Mr. Keller, a soft-spoken, amiable man who has worked at Mercedes for 25 years, began thinking about installing them in a car. The cost and the risk of failure were high enough that he sought approval from his bosses. Armed with PowerPoint slides, Mr. Keller went to Ola Källenius, an imposing Swede who is chief executive at Mercedes.

Mr. Källenius’s office is at the top of a glass and steel high-rise in the middle of a sprawling manufacturing and development complex beside the Neckar River in Stuttgart.

Mr. Keller argued that road testing would help determine, among other things, whether the batteries would work with air cooling alone. If so, that would eliminate the need for a heavier, more costly liquid-cooled system.

Mr. Källenius signed off on the project, reasoning that a tangible goal would motivate the team and hasten development. He drew an analogy to Formula 1 racing. “If you’re chasing the leader, and suddenly you can see him, you get faster,” Mr. Källenius recalled.

Ms. Huang was a bit surprised when, in late 2023, Mr. Keller told her that Mercedes wanted to put the cells in a working vehicle. “We didn’t realize it was coming so soon, honestly speaking,” she said with a laugh.

But by June 2024, Factorial had managed to produce enough high-quality cells to announce that it had begun delivering them to Mercedes. In November, the factory in South Korea hit 85 percent yield, the best result yet. Ms. Huang and the Korean team celebrated by going out to a barbecue joint.

Mercedes still had to figure out how to package the cells in a way that would protect them from highway dirt and moisture. And it had to integrate the battery pack into a vehicle, connecting it to the car’s control systems.

The Factorial cells had one big drawback that made them hard to install in a car. They expanded when charged and shrank when discharged. In Mr. Keller’s words, they “breathed.”

Mr. Keller turned to engineers on the Mercedes Formula 1 racing team, who are accustomed to quickly solving technical problems. They devised a mechanism that expanded and shrank with the cells, maintaining constant pressure.

By Christmas 2024, a team working at Mercedes’s main research center in Sindelfingen, outside Stuttgart, texted Mr. Keller those two words: “spinning wheels.”

Mr. Keller confessed that he got a little emotional when his team sent him the video of the car. He waited until after Christmas to forward it to Ms. Huang with the same two words.

Several weeks later, the Mercedes engineers took the car with Factorial’s battery, an otherwise standard EQS electric sedan, to a company track for its first road test.

The engineers drove the car slowly at first. They carefully monitored technical data displayed on the dashboard screen.

They drove faster and faster until, by the fourth day, they reached autobahn speeds of 100 miles per hour. The battery didn’t blow up. In theory, it can power the car for 600 miles, more than most conventional cars can travel on a tank of gasoline.

Mr. Keller had been keeping Ms. Huang apprised of the progress, but she was still surprised when, during a meeting on marketing strategy in February, people from the Mercedes communications department mentioned that they had written a news release announcing the achievement.

“Do you want to take a look?” they asked.

She certainly did. The first successful road test with a Factorial battery was an enormously important moment, one they had been anticipating for years. Yet the teams at Mercedes and Factorial did not throw parties to celebrate. They still had work to do.

The next step is to equip a fleet of Mercedes vehicles with batteries, perfect the manufacturing process and do the testing required to begin selling them. That will probably take until 2028, at least. Many experts don’t expect cars with solid-state batteries to be widely available until 2030, at the earliest.

In April, Ms. Huang finally found time to travel to Stuttgart and ride in the car herself.

It was a clear spring day, with greenery sprouting in the German countryside and flowers beginning to bloom. Mercedes employees escorted her to a garage in Sindelfingen, where the automaker also has a large factory complex.

Ms. Huang had seen many photos of the car, but she still felt a thrill when the garage doors opened. It felt “like a long-lost friend,” she said. “Like, ‘Finally I see you!’”

A Mercedes driver took her for a spin on the test track, zooming down an asphalt straightaway then around a banked curve that, Ms. Huang said, felt like a roller coaster.

Inside the car, there was no way to perceive the difference with the Factorial battery compared with a conventional one. “But it’s just so special because it’s with our battery.”



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