The Daily Journal Brief

Tonight on Less than 1: OpenAI rests its case in Musk versus Altman, a judge keeps the deposition protocol in the social media bellwether dispute, and a Los Angeles couple sues State Farm over Eaton Fire smoke damage — plus a federal court weighs Trump's visa policy on content moderation advocates and a Hayward family sues PG&E over a gas-leak explosion. Stories mentioned in today's episode: Microsoft CTO testifies as OpenAI defense rests in Musk lawsuit https://dailyjournal.com/articles/391400-microsoft-cto-testifies-as-openai-defense-rests-in-musk-lawsuit Judge keeps deposition protocol in social media bellwether dispute https://dailyjournal.com/articles/391405-judge-keeps-deposition-protocol-in-social-media-bellwether-dispute State Farm accused of minimizing Eaton Fire smoke damage in new lawsuit https://dailyjournal.com/articles/391402-state-farm-accused-of-minimizing-eaton-fire-smoke-damage-in-new-lawsuit (The Verge) Trump administration defends right to ban content moderation experts from US https://www.theverge.com/policy/930178/citr-rubio-visa-deportation-misinformation-research (SF Chronicle) Hayward family sues PG&E after gas leak blew up home, claiming they were not warned https://www.sfchronicle.com/bayarea/article/hayward-explosion-lawsuit-22255979.php

On Less than 1 this morning: a Los Angeles judge is publicly admonished over treatment of pro per litigants, Microsoft presents its case on the final day of Musk versus Altman, and rare tentative terminating sanctions hit an Alameda County case over text-message witness coaching — plus the DOJ weighs settling Trump's IRS suit, two Miami-Dade officers sue Affleck and Damon over "The Rip," and Texas accuses Netflix of "spying" on children. Stories mentioned in this episode: Remote deposition coaching texts trigger rare tentative terminating sanctions https://dailyjournal.com/articles/391372 Justice Dept. Officials Consider Settling Trump Suit Against I.R.S. https://www.nytimes.com/2026/05/12/business/trump-suit-irs.html Texas accuses Netflix of ‘spying’ on children and designing ‘addictive’ features in new suit https://www.nbcnews.com/business/media/texas-accuses-netflix-spying-children-designing-addictive-features-new-rcna344599

Tonight on Less than 1: parents sue OpenAI over their son's drug-overdose death, a jury finds Kanye West liable for copyright infringement on "Hurricane," a discovery fight erupts over LA County's $828M juvenile abuse settlement, and Sam Altman defends his honesty on the stand in Musk versus Altman — plus Anthropic's new legal-AI tools, Newsom taps former CFPB chief Rohit Chopra for California's new consumer agency, and a tease for tomorrow's Capital & Counsel on California's nuclear study bill. Stories mentioned in this episode: Parents sue OpenAI, claim ChatGPT encouraged drug use that led to son's death https://dailyjournal.com/articles/391370-parents-sue-openai-claim-chatgpt-encouraged-drug-use-that-led-to-son-s-death Kanye West found liable for copyright infringement over Grammy-winning song 'Hurricane' https://dailyjournal.com/articles/391371-kanye-west-found-liable-for-copyright-infringement-over-grammy-winning-song-hurricane Discovery fight erupts over disputed payments in LA juvenile abuse settlements https://dailyjournal.com/articles/391373-discovery-fight-erupts-over-disputed-payments-in-la-juvenile-abuse-settlements Musk lawyer presses Altman on honesty in OpenAI trial testimony https://dailyjournal.com/articles/391361-musk-lawyer-presses-altman-on-honesty-in-openai-trial-testimony (Business Insider) Anthropic says its newest lawyer tools are 'like giving an engineer a legal degree' https://www.businessinsider.com/anthropic-expands-legal-ai-tools-claude-cowork-2026-5 (Politico) Newsom appoints former CFPB head to lead California consumer agency https://www.politico.com/news/2026/05/12/newsom-appoints-rohit-chopra-california-consumer-agency-00917844

On Less than 1 this morning: PayPal settles DOJ claims its minority-business program violated lending law, Sam Altman takes the stand in Musk versus Altman, and the Ye "Donda" copyright case heads to jury deliberations — plus a WSJ deep dive on the M&A insider-trading scandal and a California pension bill for CHP officers and firefighters. Stories mentioned in this morning's episode: DOJ, PayPal settle probe over minority business investment program https://www.dailyjournal.com/articles/391358-doj-paypal-settle-probe-over-minority-business-investment-program (WSJ) The Insider-Trading Scandal That Is Rocking M&A Law Firms https://www.wsj.com/us-news/law/the-insider-trading-scandal-that-is-rocking-m-a-law-firms-67a561cc (Sacramento Bee) CA lawmakers consider unique retirement benefit for CHP officers and firefighters https://www.sacbee.com/news/politics-government/the-state-worker/article315712837.html

Tonight on Less than 1: a judge greenlights Meta privacy claims over Android tracking, Burford asks SCOTUS to review an arbitration jurisdiction ruling, tech critics see California's social media debate shifting, Musk rests his case in Musk v. Altman, the Ye "Donda" copyright trial heads to the jury, and a federal judge approves the $303 million NCAA volunteer-coaches settlement — plus an ABA push to scrap law school diversity rules, lawyers' growing wariness of AI note takers, SCOTUS's extended pause on a mifepristone ruling, and an Arcadia mayor's foreign-agent plea deal. Stories mentioned in today's episode: Judge allows Meta privacy claims over Android tracking allegations to proceed https://dailyjournal.com/articles/391353-judge-allows-meta-privacy-claims-over-android-tracking-allegations-to-proceed Burford asks Supreme Court to review arbitration jurisdiction ruling https://dailyjournal.com/articles/391350-burford-asks-supreme-court-to-review-arbitration-jurisdiction-ruling Tech critics say social media rulings may shift Capitol debate https://dailyjournal.com/articles/391354-tech-critics-say-social-media-rulings-may-shift-capitol-debate Musk rests case after Nadella, Sutskever testify in OpenAI trial https://dailyjournal.com/articles/391352-musk-rests-case-after-nadella-sutskever-testify-in-openai-trial Ye copyright trial heads to jury after combative closing arguments https://dailyjournal.com/articles/391355-ye-copyright-trial-heads-to-jury-after-combative-closing-arguments Judge approves $303M settlement for NCAA volunteer coaches https://dailyjournal.com/articles/391351-judge-approves-303m-settlement-for-ncaa-volunteer-coaches ABA must axe law school diversity rules to retain accreditor status, committee says https://www.reuters.com/legal/government/aba-must-axe-law-school-diversity-rules-retain-accreditor-status-committee-says-2026-05-11/ All Those A.I. Note Takers? They’re Making Lawyers Very Nervous. https://www.nytimes.com/2026/05/09/business/dealbook/ai-notetakers-legal-risk.html US Supreme Court extends pause on decision narrowing abortion pill access https://www.reuters.com/world/us-supreme-court-lets-abortion-pill-mail-delivery-restart-now-2026-05-04/ Arcadia mayor, accused of being Chinese foreign agent, strikes deal with feds and resigns https://www.latimes.com/california/story/2026-05-11/arcadia-mayor-plea-agreement-foreign-agent-china-charges

On Less than 1 this morning: John Quinn steps back from Quinn Emanuel, an LA judge strikes CPRA class allegations in a sewer rate suit, Sutskever testifies in Musk versus Altman, and the NCAA "volunteer" coaches settlement gets a $90M fee hearing — plus GM's record CCPA settlement, Amazon's e-bike pullback, Dua Lipa versus Samsung, and a union push at Planned Parenthood Mar Monte. Stories mention in today's episode: Quinn Emanuel founder John B. Quinn steps down from firm's helm https://dailyjournal.com/articles/391339-quinn-emanuel-founder-john-b-quinn-steps-down-from-firm-s-helm (LA Times) General Motors to pay $12.5 million to settle claims that it illegally sold California driver data https://www.latimes.com/business/story/2026-05-08/general-motors-to-pay-12-5-million-to-settle-claims-it-illegally-sold-california-driver-data (LA Times) Amazon halts high-speed e-bike sales in California following fatal crashes https://www.latimes.com/california/story/2026-05-10/amazon-removes-high-speed-e-bikes-following-fatal-collisions (NYT) Dua Lipa sues Samsung over use of her image on TV packaging https://www.nytimes.com/2026/05/11/us/dua-lipa-samsung-lawsuit.html (SF Chronicle) Workers at Planned Parenthood’s largest affiliate are unionizing https://www.sfchronicle.com/politics/article/planned-parenthood-union-medicaid-trump-22249797.php

Tonight on Less than 1: a closer look at the legal questions behind the Stanford protest DA recusal, Judge Riff's coalition takes aim at California's discovery culture, an appellate court greenlights Palisades Fire claims, and Medtronic asks a judge to overturn a $381.7 million antitrust verdict — plus an updated LA homeless shelter agreement, and a USPS proposal to allow handgun shipments for the first time since 1927. Stories mentioned in this episode: Stanford protest case spotlights legal risks of campaign-trail rhetoric by prosecutors https://dailyjournal.com/articles/391337-stanford-protest-case-spotlights-legal-risks-of-campaign-trail-rhetoric-by-prosecutors Judge Lawrence Riff has an ambitious aim to tame discovery abuses https://dailyjournal.com/articles/391335-judge-lawrence-riff-has-an-ambitious-aim-to-tame-discovery-abuses Appeals court lets Palisades Fire claims against city, state proceed https://dailyjournal.com/articles/391333-appeals-court-lets-palisades-fire-claims-against-city-state-proceed Medtronic tries to overturn $381.7M antitrust verdict for Applied Medical https://dailyjournal.com/articles/391334-medtronic-tries-to-overturn-381-7m-antitrust-verdict-for-applied-medical LA agrees to boost housing and shelter options for people experiencing homelessness https://laist.com/news/housing-homelessness/la-agrees-to-boost-housing-and-shelter-options-for-people-experiencing-homelessness USPS proposal would allow handguns to be sent through the mail for the first time since 1927 https://www.cbsnews.com/news/usps-proposal-would-allow-handguns-to-be-sent-through-the-mail/

On Less than 1 this morning: an appellate court greenlights Palisades Fire claims against the city and state, a Nebraska-led coalition asks a federal judge to hold California in contempt over zero-emission truck rules, and we tease tonight's feature on California's "discovery warfare" — plus the Ninth Circuit narrows immunity for Chapter 7 trustees, ABC accuses the FCC of First Amendment overreach, a Fresno court finds Brown Act violations, and the Virginia Supreme Court tosses Democrats' redrawn US House maps. (NYT) ABC Accuses Government of Violating First Amendment https://www.nytimes.com/2026/05/08/business/media/abc-fcc-first-amendment-the-view.html (ACLU of Northern California) Court Rules Fresno City Council Violated Open Meetings Law By Conducting Budget Deliberations in Secret https://www.aclunorcal.org/press-releases/court-rules-fresno-city-council-violated-open-meetings-law-by-conducting-budget-deliberations-in-secret/ (AP News) Virginia Supreme Court strikes down Democrats’ redrawn US House maps, giving Republicans a win https://apnews.com/article/redistricting-virginia-congress-democrats-republicans-12a31037f3c9a94d3cb9fbcaaf84d94f

Tonight on Less than 1: Santa Clara's DA gets recused from the Stanford protest retrial, a judge questions Edison's gas-leak theory in the Eaton Fire litigation, an ethics panel says there's no cap on judicial campaign donations, and Levin Simes sidelines an attorney for vulgar remarks to opposing counsel — plus pressure on Bonta to block the Paramount-Warner Bros. deal, the trade court strikes Trump's 10% tariff, and Chief Justice Roberts on public perception of the Supreme Court. Stories mentioned in today's episode: Judge recuses Santa Clara DA from Stanford protest retrial https://dailyjournal.com/articles/391275-judge-recuses-santa-clara-da-from-stanford-protest-retrial Judge questions Edison theory blaming gas leaks for extra Eaton Fire damage https://dailyjournal.com/articles/391271-judge-questions-edison-theory-blaming-gas-leaks-for-extra-eaton-fire-damage No cap on judicial campaign donations, ethics panel says https://dailyjournal.com/articles/391269-no-cap-on-judicial-campaign-donations-ethics-panel-says Plaintiffs' attorney in Uber MDL sidelined after vulgar remarks to opposing counsel https://dailyjournal.com/articles/391258-plaintiffs-attorney-in-uber-mdl-sidelined-after-vulgar-remarks-to-opposing-counsel (LA Times) Pressure grows on California attorney general to try to block Paramount’s deal for Warner Bros. https://www.latimes.com/entertainment-arts/business/story/2026-05-07/california-lawmakers-express-concerns-over-paramount-warner-bros-deal (NY Times) Trade Court Rules Trump’s 10% Global Tariff Is Illegal https://www.nytimes.com/2026/05/07/business/economy/trump-global-tariff-ruled-illegal.html (Reuters) Chief Justice Roberts laments public perception of US Supreme Court as 'political actors' https://www.reuters.com/legal/government/chief-justice-roberts-laments-public-perception-us-supreme-court-political-2026-05-07/

On Less than 1 this morning: SoCalGas asks a judge to dismiss Edison's Eaton Fire cross-complaint, Uber moves to remove a plaintiffs' lawyer from its passenger sexual assault MDL, and Milo Yiannopoulos takes the stand in the "Donda" copyright trial — plus a Littler survey on AI overtaking employer concerns, Newsom's Engaged California AI push, and 596 stray ballots in Humboldt County. Stories mentioned in today's podcast: Engaged California https://join.engaged.ca.gov/en/projects/ai-impact The Littler Annual Employer Survey Report https://www.littler.com/sites/default/files/2026-04/2026_littler_employer_survey_report.pdf (LA Times) California county discovers trove of unopened ballots from last election in a locked box https://www.latimes.com/california/story/2026-05-06/california-county-discovers-trove-of-unopened-ballots-in-locked-box

Tonight on Less than 1: a former OpenAI director testifies the board learned of the ChatGPT launch through social media, Ye takes the stand in his "Donda" copyright trial, and plaintiffs defend a $6 million social media addiction verdict — plus 30 lawyers and traders charged in a global insider trading case, and the DOJ sues Colorado over a gun law. Stories mentioned in this episode: OpenAI board learned of ChatGPT launch on social media, former director testifies https://www.dailyjournal.com/articles/391245-openai-board-learned-of-chatgpt-launch-on-social-media-former-director-testifies Kanye West, now Ye, defends creative process in copyright trial https://www.dailyjournal.com/articles/391246-kanye-west-now-ye-defends-creative-process-in-copyright-trial Meta, Google challenge landmark addiction verdict, seek new trial https://www.dailyjournal.com/articles/391241-meta-google-challenge-landmark-addiction-verdict-seek-new-trial (Reuters) Lawyers, traders among 30 charged by US in global insider trading case https://www.reuters.com/world/us-charges-30-people-with-roles-global-insider-trading-scheme-2026-05-06/ (NYT) Justice Department Sues Colorado Over Gun Law https://www.nytimes.com/2026/05/06/us/politics/doj-colorado-lawsuit-guns.html

On Less than 1 this morning: Meta and Google challenge a $3M social media addiction verdict, Ye takes the stand in his "Donda" copyright case, and Murati and Zilis testify in the Musk-OpenAI trial — plus Apple's $250M iPhone AI settlement, a Cameron-Avatar likeness suit, a DOJ probe into UCLA medical school admissions, and a federal challenge to DNA collection from ICE protesters. Attorneys clash over permission to use songs in Ye trial https://dailyjournal.com/articles/391232-attorneys-clash-over-permission-to-use-songs-in-ye-trial OpenAI co-founder testifies Musk demanded control, walked away when denied https://dailyjournal.com/articles/391229-openai-co-founder-testifies-musk-demanded-control-walked-away-when-denied Apple reaches $250M settlement over iPhone AI claims https://dailyjournal.com/articles/391231-apple-reaches-250m-settlement-over-iphone-ai-claims (NBC News) Actor alleges James Cameron used her teenage face to create key 'Avatar' character https://www.nbcnews.com/pop-culture/movies/actor-alleges-james-cameron-teen-face-create-avatar-character-rcna343825 (LA Times) UCLA medical school illegally uses race in admissions, Justice Department investigation says https://www.latimes.com/california/story/2026-05-06/ucla-medical-school-illegal-use-race-admissions-doj-investigation-findings (NYT) His DNA Was Taken After His Arrest at an ICE Protest. Now, He’s Suing. https://www.nytimes.com/2026/05/06/nyregion/dna-collection-ice-arrests-lawsuit.html

Tonight on Less than 1: Brockman tells jurors Musk demanded control of OpenAI and walked when denied, the DA and police union endorse McKinney for LA city attorney, and California insurers face pressure on three fronts after the 2025 fires. Plus: a federal probe of LAUSD over teacher reassignments, New Mexico's $3.7 billion ask from Meta, and Apple's stay request to the Supreme Court. Not a Capital & Counsel subscriber yet? Sign up here: https://dailyjournal56543.ac-page.com/newsletter Stories mentioned in this episode OpenAI co-founder testifies Musk demanded control, walked away when denied https://dailyjournal.com/articles/391229-openai-co-founder-testifies-musk-demanded-control-walked-away-when-denied DA, police union support John McKinney for LA city attorney https://dailyjournal.com/articles/391228-da-police-union-support-john-mckinney-for-la-city-attorney Litigation, regulation, federal scrutiny converge after 2025 fires https://dailyjournal.com/articles/391230-litigation-regulation-federal-scrutiny-converge-after-2025-fires (LA Times) LAUSD investigated for allegedly reassigning, not removing, teachers accused of sex misconduct https://www.latimes.com/california/story/2026-05-05/trump-administration-investigates-lausd-for-how-it-handles-accusations-of-sex-abuse-by-teachers (Reuters) New Mexico seeks $3.7 billion, changes to Meta platforms in youth harm trial https://www.reuters.com/legal/government/new-mexico-seeks-changes-meta-platforms-youth-harm-trial-2026-05-04/ (The Hill) Apple asks Supreme Court for stay in Epic Games proceedings https://thehill.com/policy/technology/5862947-apple-asks-supreme-court-to-pause-contempt-finding-in-epic-games-case/

This morning on Less than 1: All eyes on insurer immunity doctrines after the DOJ's wildfire filing, Brockman is back on the stand in the Musk-OpenAI trial, and an IP litigator jumps to Alston & Bird. Plus: Phillips 66 sues to keep its refinery contingency plans private, the Calico Critters class action fails on remand, and the Bay Area's largest immigration court closes. Stories mentioned on the show: DOJ backs homeowners in wildfire insurance antitrust fight https://dailyjournal.com/articles/391183-doj-backs-homeowners-in-wildfire-insurance-antitrust-fight Musk lawyer presses co-founder on billions in OpenAI trial https://dailyjournal.com/articles/391194-musk-lawyer-presses-co-founder-on-billions-in-openai-trial Jennifer A. Golinveaux joined Alston & Bird LLP as a partner in San Francisco and Palo Alto https://dailyjournal.com/on-the-move Federal judge denies class certification in Calico Critters toy lawsuit https://dailyjournal.com/articles/391219-federal-judge-denies-class-certification-in-calico-critters-toy-lawsuit Phillips 66 sues California to block release of Bay Area facility plans https://dailyjournal.com/articles/391191-phillips-66-sues-california-to-block-release-of-bay-area-facility-plans (San Francisco Chronicle) Bay Area's largest immigration court closes, worsening the nation's asylum case backlog https://www.sfchronicle.com/bayarea/article/bay-area-s-largest-immigration-court-closes-22240630.php?utm_source=chatgpt.com (Casino.org) Blackjack Ban Battle Escalates as California Cities Join Legal Fight https://www.casino.org/news/blackjack-ban-battle-grows-as-california-cities-join-lawsuit/

This evening on Less than 1: California's Supreme Court narrows felony-murder liability, Brockman gets cross-examined with his own journal in the Musk-OpenAI trial, and DOJ backs wildfire homeowners against State Farm. Plus: Trump weighs AI oversight, Lively and Baldoni settle, and Musk's $1.5M SEC settlement. Stories mentioned in the show: California Supreme Court narrows felony-murder liability for nonkillers: https://dailyjournal.com/articles/391182 Musk lawyer presses co-founder on billions in OpenAI trial: https://dailyjournal.com/articles/391194 DOJ backs homeowners in wildfire insurance antitrust fight: https://dailyjournal.com/articles/391183 (NYT) White House Considers Vetting A.I. Models Before They Are Released: https://www.nytimes.com/2026/05/04/technology/trump-ai-models.html (Variety) Blake Lively and Justin Baldoni Settle Epic ‘It Ends With Us’ Lawsuit: https://variety.com/2026/film/news/blake-lively-justin-baldoni-settle-lawsuit-1236737117/ Blake Lively and Justin Baldoni lawsuits have tax aspects, too: https://www.dailyjournal.com/articles/383052 (CNBC) Elon Musk’s odds of winning lawsuit against OpenAI are slim, Kalshi traders say: https://www.cnbc.com/2026/05/04/elon-musks-odds-of-winning-lawsuit-against-openai-are-slim-kalshi-traders-say.html (Reuters) Elon Musk settles SEC lawsuit over Twitter disclosures, $1.5 million fine imposed: https://www.reuters.com/world/elon-musk-settles-sec-lawsuit-over-twitter-disclosures-trust-will-pay-15-million-2026-05-04/ (L.A. Times) A push to shield immigrant aid workers is raising 1st Amendment concerns: https://www.latimes.com/california/story/2026-05-04/push-to-shield-immigrant-aid-workers-raising-1st-amendment-concerns

The legal news that fits in less than a tenth of a billable hour. Today: the second J&J talc bellwether opens in L.A. Superior Court, Ye faces a federal jury over "Donda" copyright claims. Plus: SCOTUS on mifepristone, Judge Chhabria's MDL remand push meets a $7.25B state settlement, and a survey finds "industrial-scale" noncompliance with California's privacy law.

Kamala Harris blasts SCOTUS voting rights ruling, saying Dems must be “ruthless,” a judge halts Musk’s OpenAI trial over privilege disputes, and an L.A. court narrows the massive Eaton Fire case.

Deportation threats in family court, a 9th Circuit ruling shielding Meta under Section 230 (with judges raising doubts), and Elon Musk’s tense cross-examination in the OpenAI trial.

Musk takes the stand, a law firm exits a social media addiction case, and California moves to protect judges.

A judge weighs whether UCLA’s Rose Bowl dispute belongs in arbitration, Kaiser sues major health care unions over alleged contract breaches, and key antitrust claims against Google survive

New lawyer Justin W. Shegerian wins a stunning $103M verdict against Liberty Mutual • Experts warn Netflix’s $82.7B Warner Bros. merger could squeeze creators • Ex–Becerra chief of staff is cooperating in $225K campaign fraud investigation

Dodger gondola halted, Chamber loses climate case, tech fights AI chatbot bills, immigration bill heads to Newsom, and Huntington Beach loses housing battle.