The Fifth Circuit has launched a new design for its website. I love the glow-up!
Here is the before design (courtesy the Internet Archives):
And here is the after design.
The home page now indicates which cases are currently being argued, as well as links to the latest opinions.
The Opinions page also has a full text search, which seems to work quite well. I also like the calendar feature, which neatly displays which cases are being argued in which courtrooms at which times.
Congratulations to everyone involved with the renovation, especially Clerk extraordinary Lyle W. Cayce who will soon be retiring after a distinguished career.
Darshan Magdum, a member of the viral boy band Boy Throb, has announced that his U.S. visa has been approved.
“I got the visa!” Magdum exclaimed on a FaceTime call with his fellow bandmates on Monday. Magdum, originally from India, has been at the forefront of Boy Throb’s rise to stardom due to his struggles with the U.S. immigration system.
Dressed in pink velvet tracksuits, Boy Throb began sharing adaptations of popular songs in October 2025 to prove they were a real band so that Magdum could obtain a visa and perform with them in the United States. Earlier this year, to the tune of Sabrina Carpenter’s “Manchild,” the band sang: “Oh I’d like Darshan to be in the USA, oh I need him here by New Year’s Day.” To the tune of Taylor Swift’s “The Fate of Ophelia,” the band sang: “It’s about to be the greatest night you’ve been dreaming of, the fate of Darshan’s visa.”
In January, the band released a parody of the Christmas classic “Here Comes Santa Claus,” which explained the strenuous process of applying for the O-1 visa. “Our petition’s been submitted and is awaiting its review. USCIS will adjudicate in 15 business days. Adjudicate means formal judgment; we hope it goes our way. Once Darshan’s visa’s approved, there’s one thing left to do. He’ll have to go to the consulate in Mumbai for an interview.”
The O-1 visa is a U.S. nonimmigrant visa designated for people with “extraordinary abilities.” In FY 2024, there were more than 20,000 O-1 visa applications and over 1,000 rejections, with application costs ranging from about $8,000 to over $10,000.
The decision is a win for Magdum, who first applied for a visa in December 2025 but was denied because the U.S. government—along with some people on the internet—questioned the legitimacy of Boy Throb. To prove they were a real band, Boy Throb began its nationwide “Rehearsal Tour.” Magdum would often appear at their concerts via Zoom, increasing popular demand for his visa to be approved so the band could perform together in person.
“We all assumed I’d be in the U.S. by spring, where we planned to finally be able to be a full-time boy band touring the country and sharing our music and meeting all of you lovely people,” Magdum explained in a video in April. “But the government’s delay of my visa has set us way back.”
“This case really caught my attention because they knew that they had people with talent, they knew they had people with an idea, but they let the fame come before the recognition of the ability,” Jonathan Grode, the Pennsylvania-based immigration lawyer who submitted additional paperwork for Magdum’s visa, toldThe Guardian. “It fundamentally begs the question of: how is fame created?”
It also begs the question of why the immigration system is so complex and expensive. Moving legally to the United States can cost applicants and employers thousands of dollars in government fees, paperwork, and legal support, with no guarantee that a visa will be granted. The Cato Institute notes that in 2024, U.S. Citizenship and Immigration Services (USCIS) collected roughly $7 billion in immigration fees. They also found that between 2003—when USCIS was created—and 2022, the total length of USCIS immigration forms increased from 193 pages to 701.
While Magdum’s visa was eventually approved, millions of people across the world are refused U.S. visas each year. An upshot of the Boy Throb saga is that many Americans are now far more aware of how needlessly complex the immigration system is. Unfortunately, we’ll never know if the people the government stops from immigrating are as fabulously talented as Magdum, because they weren’t given the opportunity to try.
There seem to be very few issues that Republicans and Democrats can agree on these days, but disdain for data centers sure is one of them.
On Monday, Texas Republican Gov. Greg Abbott halted all new data center construction in the Lone Star State, pending “a comprehensive verification and audit” of all new data center projects hoping to connect to the state’s power grid. As E&E Newsreports, the order will require prospective data centers to give “information about their proposed water use, tax breaks they receive, what cooling technologies they’re using and who owns the projects” to the Public Utility Commission (PUC) and the Electric Reliability Council of Texas (ERCOT)—which oversees about 90 percent of the state’s grid.
Any project that doesn’t comply “must be denied connection to the Texas grid,” Abbott wrote in a letter to PUC Chairman Thomas Gleeson and ERCOT President and CEO Pablo Vegas.
ERCOT “is currently considering approximately 474 gigawatts of requests to connect to the Texas grid,” about 90 percent of which are associated with data centers, Abbott wrote. “That is more than five times Texas’ record peak electricity demand for ERCOT….That unprecedented load growth could endanger the reliability and stability of the Texas electric grid.”
“Simply put,” he added, “Texans must come first.”
Concerns over energy affordability, grid reliability, and water usage have sparked a nationwide pushback against data centers. In July, New York Democratic Gov. Kathy Hochul, citing many of the same arguments as Abbott, issued the nation’s first moratorium on new data center construction. In April, Maine became the first state to pass a moratorium on these facilities, which Democratic Gov. Janet Mills later vetoed.
Still, the order is surprising considering that a year ago Abbott touted Texas as the “‘epicenter’ of artificial intelligence development as he courted megaprojects,” perE&E News. It’s also unnecessary, given that ERCOT was already taking steps to address the problem.
Under the new structure, which was approved that month, ERCOT will consider power-hungry entrants hoping to connect to the grid in batches—rather than individually—to speed up the approval process. To be considered, applicants must pay a deposit to front the cost of grid upgrades and show they have a “contracted customer, a signed lease agreement or deed for the land they’re building on, and orders for the equipment they need, among other requirements,” the Houston Chronicle reported in June.
This framework was designed to “help weed out the serious applicants from the unserious ones,” writesReason‘s Tosin Akintola, which could go a long way in reducing the 474 gigawatts’ worth of requests on the state grid. Similar rules set by Chicago-based Exelon earlier this year to filter out unserious applicants yielded a 40 percent decline in expected data center load in the second quarter of 2026.
As is often the case in the data center debate, politics seems to be shaping Abbott’s decision. In a poll conducted by the University of Texas/Texas Politics Project released in June, 56 percent of self-reported Texas voters said they opposed data center construction in their community. With Abbott up for reelection and leading his challenger, state Rep. Gina Hinojosa (D–Austin), by slim margins (at least for a Texas Republican), the move appears to be a ploy to win over voters ahead of the November election.
If his goal was to appeal to populist sentiment, there are several other things that Abbott could have proposed that would have been less harmful to the state’s burgeoning AI sector, including eliminating the generous tax credits the state offers the industry and giving data centers more leeway to construct their own power plants off the grid and without regulatory oversight (which could reduce costs for consumers and strain on the grid). Instead, Abbott elected to use his expansive power to halt the construction of facilities that offer immense economic benefits for minimalenvironmental downsides.
With about 70 percent of Americans opposing the buildout of data centers in their communities, according to arecentHeatmap Pro poll, the data center wars are unlikely to end anytime soon. And if Texas—the market-friendly, energy capital of the world—is willing to issue a de facto moratorium on these centers, expect other states to follow.
The Fifth Circuit has launched a new design for its website. I love the glow-up!
Here is the before design (courtesy the Internet Archives):
And here is the after design.
The home page now indicates which cases are currently being argued, as well as links to the latest opinions.
The Opinions page also has a full text search, which seems to work quite well. I also like the calendar feature, which neatly displays which cases are being argued in which courtrooms at which times.
Congratulations to everyone involved with the renovation, especially Clerk extraordinary Lyle W. Cayce who will soon be retiring after a distinguished career.
World’s Largest PC Makers Start Using Memory Chips From China’s CXMT
It’s not just Apple that is scrambling to find cheap memory alternatives to the DRAM offerings from the memory “cartel” of Samsung, SK Hynix and Micron: according to the Nikkei Asia, a trio of the world’s leading PC makers – HP, Asus and Acer – have started to use small amounts of chips from China’s ChangXin Memory Technologies (better known as the recently IPOed CXMT) amid an unprecedented memory shortage fueled by demand for artificial intelligence infrastructure.
Many major PC makers completed the qualification process for CXMT’s DRAM chips around the middle of this year and have started to use a limited amount in their notebook computers, according to multiple sources familiar with the matter.
The amount of CXMT chips used and the number of notebook models utilizing them are very limited as of now, as CXMT is prioritizing a large part of its production capacity for Chinese clients, such as Huawei. The notebook models that use CXMT chips are for sale in non-U.S. markets.
The PC companies are also taking a restrained approach over their use of CXMT chips due to concerns that doing otherwise would anger leading global memory chipmakers Micron, Samsung Electronics and SK Hynix, two sources said.
“The top three memory chipmakers accounted for more than 90% of global market share,” an executive with a PC company with direct knowledge of the matter told Nikkei Asia. “PC companies have to be very careful and stay low-key about [the use of CXMT chips] … After all, it is a seller’s market now. We dare not source too much from CXMT at this moment.”
CXMT, moreover, is included on a Pentagon list of companies alleged to have ties to the Chinese military, making sourcing from it potentially sensitive for U.S. companies. The Chinese company has denied the allegations and is not subject to an outright trade blacklist.
Still, the adoption marks a significant win for CXMT, which recently listed on Shanghai’s STAR Market and after soaring nearly 8-fold since its IPO last week, boasts a market valuation exceeding that of Intel, America’s top microprocessor maker.
“Although PC makers only use very small volumes [of CXMT’s DRAM] for budget models, they don’t want to neglect a potential important source, particularly when the market is so constrained,” one supply chain manager supplying to HP and Asus told Nikkei Asia.
Not everyone is terrified of retaliation by the memory cartel: another industry executive said some PC makers have secured additional supplies of central processing units (CPUs) and are now racing to lock in more memory to match, making them much more open to sourcing from any available supplier, including CXMT. “After all, PC makers still hope to work with all the available sources as the market is very constrained now,” the person said.
In response to request for comment, Acer said: “We do not disclose our suppliers, but that we keep in close contact with multiple global manufacturers and suppliers to dynamically adjust operations to manage component prices changes. We work with multiple manufacturers and suppliers to enhance our supply chain resilience.”
The PC and smartphone industries have been suffering from shortages of memory chips and CPUs since late last year. Earlier thi year, Nikkei Asia was the first to report that HP, Dell, Asus and Acer were considering using CXMT’s DRAM.
PC companies have prioritized chips for premium models and raised overall prices by several hundred dollars to reflect the rising component costs. Smartphone companies like Xiaomi, Oppo, and Vivo, on the other hand, cut their 2026 shipment forecasts several times due to the memory shortages.
The global PC industry is expected to decline more than 11% this year due to the unprecedented memory crunch, with supply conditions worsening toward the end of this year, market research company IDC estimates.
The shortfall in memory chips has turned out to be a golden opportunity for CXMT to tap the global PC supply chain. The Hefei, China-based memory chipmaker listed on the Shanghai Stock Exchange’s tech-focused STAR Market on July 27 and its share price soared almost 5x on the first day of trading. Its market capitalization reached more than 3.5 trillion yuan ($545 billion) as of Tuesday, topping Intel and starting to approach Micron and SK Hynix.
CXMT estimated in a filing to the Shanghai Stock Exchange that its net profit for the first half of 2026 would reach between 52 billion yuan and 58 billion yuan, up as much as 2,530% from a year earlier. The chipmaker attributed the surge to favorable market conditions and a better pricing environment. CXMT already supplies to almost all the top Chinese tech companies including Tencent, Alibaba Cloud and ByteDance.
“You would think CXMT’s price is cheaper than the top three players, which is a wrong assumption. … Their DRAM is definitely no cheaper than the likes of Samsung,” one of the people said. “We also couldn’t book supplies from CXMT beyond the current quarter, as so many companies are racing to secure DRAM from it,” the person added.
CXMT and domestic peer Yangtze Memory Technologies (YMTC) are undertaking their most aggressive capacity expansion plans at home. CXMT is expanding plants in Shanghai with the aim of having a capacity two to three times larger than its homebase in Hefei, including capacity for building high-bandwidth memory (HBM), a crucial AI component, Nikkei Asia reported earlier.
Darshan Magdum, a member of the viral boy band Boy Throb, has announced that his U.S. visa has been approved.
“I got the visa!” Magdum exclaimed on a FaceTime call with his fellow bandmates on Monday. Magdum, originally from India, has been at the forefront of Boy Throb’s rise to stardom due to his struggles with the U.S. immigration system.
Dressed in pink velvet tracksuits, Boy Throb began sharing adaptations of popular songs in October 2025 to prove they were a real band so that Magdum could obtain a visa and perform with them in the United States. Earlier this year, to the tune of Sabrina Carpenter’s “Manchild,” the band sang: “Oh I’d like Darshan to be in the USA, oh I need him here by New Year’s Day.” To the tune of Taylor Swift’s “The Fate of Ophelia,” the band sang: “It’s about to be the greatest night you’ve been dreaming of, the fate of Darshan’s visa.”
In January, the band released a parody of the Christmas classic “Here Comes Santa Claus,” which explained the strenuous process of applying for the O-1 visa. “Our petition’s been submitted and is awaiting its review. USCIS will adjudicate in 15 business days. Adjudicate means formal judgment; we hope it goes our way. Once Darshan’s visa’s approved, there’s one thing left to do. He’ll have to go to the consulate in Mumbai for an interview.”
The O-1 visa is a U.S. nonimmigrant visa designated for people with “extraordinary abilities.” In FY 2024, there were more than 20,000 O-1 visa applications and over 1,000 rejections, with application costs ranging from about $8,000 to over $10,000.
The decision is a win for Magdum, who first applied for a visa in December 2025 but was denied because the U.S. government—along with some people on the internet—questioned the legitimacy of Boy Throb. To prove they were a real band, Boy Throb began its nationwide “Rehearsal Tour.” Magdum would often appear at their concerts via Zoom, increasing popular demand for his visa to be approved so the band could perform together in person.
“We all assumed I’d be in the U.S. by spring, where we planned to finally be able to be a full-time boy band touring the country and sharing our music and meeting all of you lovely people,” Magdum explained in a video in April. “But the government’s delay of my visa has set us way back.”
“This case really caught my attention because they knew that they had people with talent, they knew they had people with an idea, but they let the fame come before the recognition of the ability,” Jonathan Grode, the Pennsylvania-based immigration lawyer who submitted additional paperwork for Magdum’s visa, toldThe Guardian. “It fundamentally begs the question of: how is fame created?”
It also begs the question of why the immigration system is so complex and expensive. Moving legally to the United States can cost applicants and employers thousands of dollars in government fees, paperwork, and legal support, with no guarantee that a visa will be granted. The Cato Institute notes that in 2024, U.S. Citizenship and Immigration Services (USCIS) collected roughly $7 billion in immigration fees. They also found that between 2003—when USCIS was created—and 2022, the total length of USCIS immigration forms increased from 193 pages to 701.
While Magdum’s visa was eventually approved, millions of people across the world are refused U.S. visas each year. An upshot of the Boy Throb saga is that many Americans are now far more aware of how needlessly complex the immigration system is. Unfortunately, we’ll never know if the people the government stops from immigrating are as fabulously talented as Magdum, because they weren’t given the opportunity to try.
Chipotle Pulls Jalapeños As Minnesota Salmonella Outbreak Widens To 15 States; Shares Tumble
Chipotle Mexican Grill (CMG) shares fell sharply Tuesday after Bloomberg reported that the chain had removed jalapeños from Minnesota restaurants over a suspected link to a salmonella outbreak that has sickened 110 people in the state – while WaPoreports that the outbreak has spread to 15 states. Chipotle stock fell as much as 8.5% against Monday’s close – some outlets clocked the low nearer 9% – and was trading roughly 7% lower in the afternoon.
Chipotle pulled the packs of (potentially) poopy peppers from every store that received them and swapped in product from other growers. Laurie Schalow, the company’s chief corporate affairs and food safety officer, framed the move as proactive, taken after Chipotle learned of a potential salmonella problem in a supply chain serving multiple food-service retailers.
The epidemiological signal is strong: of 84 sickened people interviewed, 75 said they had eaten at a Chipotle. Illness onsets trace to meals between June 14 and July 14. Minnesota’s health department said the chain has cooperated fully – providing records and taking preventive steps – and that it is no longer concerned about Chipotle specifically now that the peppers are out of its restaurants.
The FDA posted its investigation on July 22 tied to 212 people. Minnesota said federal authorities are running a traceback on produce – including but not limited to jalapeños – potentially contaminated with Salmonella Javiana.
Bloomberg also reports that Michigan health officials were in contact with Taco Bell parent company Yum! Brands about the cyclospora outbreak in early July, weeks before Taco Bell publicly alerted consumers. MDHHS held a call with Yum on July 2, per documents obtained through a public records request, and in a follow-up email asked to reach the company’s supply-chain quality assurance and communications teams to discuss interventions or notifications that could reduce future cases.
Michigan advised businesses handling raw produce to take extra precautions on July 4, and a state rapid response team pressed Taco Bell again for documents on July 6, citing the pace and scale of illness. Taco Bell didn’t confirm publicly until July 14 that it had removed limited ingredients at select restaurants, saying at the time that no link to the chain, an ingredient or a supplier had been confirmed. Federal authorities didn’t publicly connect Taco Bell to the outbreak until July 17.
Shitty Situation
Cyclosporiasis cases nationwide have topped 18,000 across 45 states since May 1, of which the CDC has laboratory-confirmed 6,707, with 423 hospitalizations and more than 11,500 still under investigation. Only a slice of that is Taco Bell’s: the CDC has 1,644 sick people who reported eating there, and says plainly it is chasing other cyclospora outbreaks that have nothing to do with this one. Michigan is the epicenter either way, with more than 11,000 cases and the outbreak’s only two deaths, both in people the state said had significant underlying conditions.
That timeline is the relevant backdrop for how the market read today’s Chipotle news. Chipotle’s disclosure posture – pull first, say so publicly, cooperate on the record – is the opposite of what the Michigan documents describe, and Minnesota’s health department went out of its way to say the chain is not its concern. The stock fell 8.5% anyway.
Democratic Socialists Openly Call For The Erasure Of Constitutional Government
Joseph McCarthy was right about everything. Communist movements have been playing the long game from inside western nations, exploiting the liberal freedoms westerners enjoy as a backdoor to sabotage free market choice and constitutional checks and balances from within. The players might have changed over the decades, but the ideological goals remain the same.
Forget about the “false left/right paradigm”; that concept is now dead. Whatever logical clarity or loyalty to the American way that average progressives might have had is long gone. They have detached completely from morality and ideals of merit and responsibility. They are financially backed by some of the most evil NGOs and globalist corporations on the planet. They have ties to some of the most despicable and oppressive governments in the world.
The political left is the monster they claim to be fighting against. They are the foot soldiers of the globalist order. They are the greatest existing threat to western civilization. To be “right wing” today simply means your principles sit to the right of Stalin and Mao. It doesn’t take much deviation to find yourself a mortal enemy of the leftist fold.
Furthermore, these groups are intricately organized and operating using classic communist subversion tactics commonly used throughout Europe from the 1920s to the 1990s. This includes front organizations, labor infiltration, agitation, influence operations, paramilitary training and mass propaganda.
Remember when Democrats used to argue that the woke movement was not communist and to label it as such was a misinterpretation of what communism actually is? Remember when they argued that Cultural Marxism is not a real thing? Well, now they’re coming out and openly admitting the agenda.
DSA candidates are infesting the Democrat Party, and if you thought the typical blue state liberals were extreme, get ready because the next generation is full-bore collectivist in their rhetoric and resolve. In recent interviews with DSA politicians and campaigners, they list a series of goals (or demands) then intend to enact once they gain enough governmental power. For example…
Erasure Of The Electoral College: In other words, the destruction of the republic and the institution of a traditional “democracy” in which the 51% rule over the 49%. Leftists have long believed that they are the majority of the US population, which is why they constantly call for the end of the electoral college. Donald Trump’s latest presidential win showed that leftists can’t always count on a popular majority to maintain power, but they have an answer for that.
End Of The Two Party System: This might sound like a rational policy, especially for libertarians. However, America already has an open party system; there is no law preventing third, fourth or fifth party candidates from participation in elections. What the DSA wants, at bottom, is a parliamentary system of government similar to governments across Europe.
Why? Because parliamentary systems are designed to suppress conservative and nationalist movements. In a parliament, multiple leftist parties will often vie for greater control but whenever conservative movements arise these parties join forces to stonewall the right-wing from any real power. We have only to look to Europe today to see these suppression tactics in action, from France to Germany to the UK.
End Of The Senate: Again, this is something conservatives might agree with out of anger over Senate inaction, but leftists have a far different motive. They want a massive and expansive congress which would create even more bureaucracy, have the power to choose the president or leader of the executive branch instead of the public, and remove all checks and balances through the three branch framework.
Expand Or Replace The Supreme Court: Socialists want a court that is completely subservient to congress and is loaded with leftist judges. They rage over the idea that judges might interpret constitutional law against the favor of leftist policies. Want to keep your gun rights or free speech? Forget it if the DSA ever gets into power.
32-Hour Work Week And Extreme Increases To Minimum Wage: DSA activists are economically retarded and have no concept of budgets and profit margins. They think more like pillagers – They see companies with wealth and they want to take it by any means necessary. The problem is, drastic cuts to productivity and huge wage increases will only lead to the destruction of businesses.
They will have to close up shop or fire a substantial number of workers to survive. Leftists will then try to force companies stop layoffs. This level of control is a fantasy and companies will fire people anyway. The end game will, of course, be socialist calls for the government to nationalize the economy, which will also end in financial collapse as demand greatly outweighs production.
Paid Leave And Free College: Who is going to pay for a bunch of low IQ dissidents to get degrees in gender fluid studies or underwater basket weaving? Only the taxpayer. Who is going to pay for European-style paid leave programs? Only larger companies will be able to afford it, meaning small businesses will die out.
Defund The Police And Eliminate The Prison System: We’ve already seen how this goes. When woke activists tried these programs in blue cities across the US, crime skyrocketed. Social service workers and “community outreach” personnel are utterly incapable of handling the typical criminal. So, they will do nothing instead and let repeat offenders run rampant.
Democrat Socialist Co-chair Ashik Siddique: “Our police and prison system is stacked toward persecuting poor people… the language that we have in there is abolishing the police and prison system that protects capital over people.” pic.twitter.com/dg7XzyC828
Leftists use the claim that they want more equality of policing against “wealthy criminals” in order to appeal to the American distaste of elitism and corporate crime. However, this is always pursued in tandem with less policing of “lower class” criminals (usually minorities). The real reason leftist are so opposed to the criminal justice system is because most of them believe that lower class criminality is justified as an act of social justice against the rich (anyone with more money or success than they have).
Slavery Reparations: No white American with any sense of dignity is going to pay reparations to black people who have never been slaves. It’s not going to happen. But, socialists want minorities on their side as a righteous shield and so they will continue to promise reparations for decades to come.
Feminism For All: This is perhaps the most destructive goal of all, because it would enshrine feminism as a national ideological pillar. The remnant of the old “patriarchy” is the only thing keeping the US from total collapse. Feminists are a cancer on society and the source of most of America’s ills.
It’s not just the abortion issue; feminists want women’s supremacy, not equality, which means men (mostly white men) acting as the work engine the feeds women’s coffers through taxation and government subsidies. They are also the main source for the rise of the LGBT movement and gender-relativism. The DSA would joyfully burn western civilization to the ground to achieve a system in which relativism is the standard.
Open Borders And Path To Citizenship For All Illegals: Nationalism is the barrier that prevents globalism from reaching its final form. Borders, national identities and cultural separation are sins in the eyes of the woke cult. They believe that if they eliminate all of these ideals then they will have no more enemies and they will therefore control the future of the human race forever.
At this stage it’s difficult to say if the DSA platfrom is going to resonate with enough Americans to gain significant momentum. But, recent polls show 66% of all Democrats support the basic idea of socialism. By extension, leftists are fuming over the reversal of public opinion on liberalism – They came so close to total control under Obama and under Biden and twice they have been thwarted.
When leftists lose the first thing they always do is double down. They do not take accountability and question their own thinking; they assert that they are right, everyone else is wrong or stupid, and they become even more insane. The Democratic Socialists are a reflection of this mentality. The more Democrats continue to lose ground, the more the DSA is going to grow because leftists don’t care about being right, they only want to win.
Don’t be surprised if the socialists rise from the woke grave to wreak havoc in 2028 and beyond.
Apple Demands Forensics, Injunction On OpenAI – Which Fired Back Hours Later
Apple went to a federal judge on Monday with a sweeping demand in its case against OpenAI – in which two former Apple employees stand accused of funneling confidential information to the ChatGPT maker.
Apple wants an order barring OpenAI, io Products, Chang Liu, and Tang Yew Tan from touching its alleged trade secrets, plus forensic imaging of OpenAI’s devices, cloud storage, email, and Slack, including anything that “previously contained” Apple data.The motion landed before Judge Edward J. Davila – yes, the Theranos judge – in the Northern District of California.
OpenAI fired back Monday night in a blog post titled “Apple is getting this wrong,” calling the suit “careless, aggressive and oddly personal” and publishing email chains and iMessage screenshots to back it. Both sides have now put their evidence on the table, and the two accounts are irreconcilable.
“Apple is one of the greatest companies of all time, and built a reputation for obsessing over the smallest details. This careless, aggressive and oddly personal lawsuit sadly doesn’t live up to that reputation,” the company posted.
As we reported last month, Apple sued on July 10, accusing OpenAI hardware chief Tan – a 24-year Apple veteran and former VP of product design for iPhone, AirPods and Apple Watch – and former senior electrical engineer Liu of running a scheme to funnel confidential hardware information to OpenAI. The complaint says more than 400 former Apple employees now work there. It was randomly assigned to a magistrate judge before Apple declined to consent, sending it to Davila. Apple’s statement then: significant evidence had emerged that OpenAI employees wrongfully took its secret information on unreleased technologies. Monday’s motion is the escalation, and it is far more specific than the complaint was.
After suing, Apple sent OpenAI a letter offering to stand down on injunctive relief if OpenAI would agree to five things:
No future access, acquisition, use, disclosure, or solicitation of Apple trade secret information
Halt any ongoing access or use
Preserve relevant evidence
“Permit Apple’s counsel and third-party forensic analysts to inspect, image, and analyze all devices, storage drives, and accounts in OpenAI’s possession, custody, or control that contain, or previously contained, any of Apple’s confidential, proprietary, or trade secret information”
“Search any OpenAI network location where any Apple proprietary and trade secret information may have been transferred or stored”
Per the motion, “OpenAI initially responded that it would be willing to agree to the first three items.” Then, over more than two weeks of negotiations between the companies and their outside counsel, talks on items four and five went nowhere: “they could not reach agreement.”
Translation: OpenAI would promise not to use Apple’s secrets. It would not let Apple’s lawyers image its machines. So Apple is now asking a federal judge to order it.
Apple’s four-front theory
The motion accuses OpenAI of “misappropriation at the organizational level” running on four tracks – Apple’s words:
“(1) using proprietary Apple information to acquire and use still more trade secrets, including from Apple’s trusted business partners; (2) exfiltrating Apple’s trade secret information directly (through conduct like Mr. Liu’s); (3) maintaining ongoing information pipelines from contacts still employed at Apple; and (4) using Apple proprietary information during the recruiting processes to try to extract still more trade secrets from job candidates.”
So – Apple is claiming they’ve got moles in their organization.
The new evidence in Apple’s filing
Beyond what was in the July complaint, the motion alleges:
One of the eleven additional ex-Apple employees now at OpenAI, “in the hours before his interview with OpenAI, began screenshotting and downloading information related to the highly confidential Apple project about which Mr. Tan inquired during his interview.”
Liu allegedly told Yu-Ting “Alyssa” Peng, still at Apple, that another former Apple employee “fumbled” his answers to Tan’s questions about the unannounced product – and helped her prep for her own OpenAI interview on the same subject matter.
Tan allegedly circulated Apple’s own manager exit checklist to a departing employee, writing: “One thing for sure is that Apple will probably walk you out (wasn’t like that a year ago but they have been clamping down recently …. Attached below is the manager’s checklist so this will give you time to plan.”
OpenAI has allegedly been “circulating to job candidates an Apple document that describes Apple’s security processes when an employee leaves the company.” Apple’s gloss: “OpenAI’s goal here is plain – to help departing Apple employees avoid the checks and protections of Apple’s exit processes.”
One interviewee was reportedly “surprised” that others brought Apple parts to OpenAI interviews because he “didn’t even know we could take those from the office.”
On the supplier front, Apple says the Corporate Defendants “directed a trusted Apple partner” – name blacked out in the public version – to run Apple’s proprietary metal-finishing process for them, and that they “knew this too because they were involved in this partnership while at Apple.” Apple put its own Surface Finishing Manager, Jackie Hughes, under oath on that one, alongside eight other declarants – including James Pooley, who wrote the treatise on trade secrets law, and forensic investigator Daniel Roffman, whose exhibits supply most of the quoted messages.
One wording note: coverage of the July complaint centered on Liu allegedly exploiting a rare authentication bug – a zero-day, per TechCrunch – to reach Apple’s network after leaving. This motion frames the five download sessions as exploiting “residual access to Apple’s third-party cloud storage.” Same alleged outcome either way: thousands of pages out the door between his January exit and April.
Palisades Fire Fraud: Man Headed To Prison After Scamming $64K Out Of FEMA
An East Hollywood man is headed to federal prison for a year and a day after collecting more than $64,000 in wildfire disaster relief on a Pacific Palisades home he had no connection to whatsoever.
Delvonne Dashon Johnson, 32, was sentenced on July 31 in Los Angeles and ordered to repay $64,148 to the Federal Emergency Management Agency. He pleaded guilty last year to fraud in connection with major disaster or emergency benefits – a charge that carries a statutory maximum of 30 years.
In February 2025, weeks after the Palisades Fire tore through the coastline, Johnson filed a FEMA claim listing a Pacific Palisades address as a home he owned. FEMA wired him $64,138 later that same month – except, he didn’t own the house. Someone else did, and she was living in it.
The fraud unraveled only when the actual homeowner tried to file her own claim. FEMA told her someone had already submitted one on her property’s behalf. When investigators interviewed her on April 2, 2025, she told them she had lived at the address since 2015, that it was her primary residence, that she was there when the fire hit, that she had never rented the place to anyone, and that she had never heard of Delvonne Johnson.
Johnson was not working alone – he was one of several people federal prosecutors swept up for running the same play on the same disaster. Deanniah Hogan, 32, of Compton, allegedly posed as a renter at a Palisades home and drew roughly $17,351. Zenalyn McIntre, 38, of Sherman Oaks, allegedly submitted a fabricated utility bill and a driver’s license listing a different address, and received about $25,229. Hedeshia Robertson, 36, of Lakewood, pleaded guilty after obtaining some $24,899. Another defendant allegedly claimed a nonexistent Altadena address as her destroyed primary residence and collected $23,441, plus two FEMA-booked hotel stays. Jaime Arturo Carrillo, 48, pleaded guilty after claiming property damage and utility disruption at a South Los Angeles address roughly 20 miles from either fire.
The pattern extends well beyond Los Angeles County. In June, a Honolulu man was sentenced to two years for conspiring to submit false FEMA claims tied to both the Lahaina fire and the Pacific Palisades fire, with a co-defendant posing as his Maui landlord before turning around and claiming to have lived in Pacific Palisades herself. The pair collected more than $60,000. He then filed fabricated flight records with the court and picked up an obstruction charge on top.
Victims of the Eaton and Palisades fires could qualify for a one-time $750 FEMA payment, up to $43,600 in other-needs assistance covering personal property, transportation and medical costs, and housing assistance for as long as 18 months. Homeowners were eligible for up to another $43,600 in repair money. Money that moves fast enough to help people who just lost everything moves fast enough to reach people who lost nothing.
The two fires ignited on Jan. 7, 2025, burned close to 60,000 acres, destroyed more than 16,000 structures, and killed 30 people.
For claiming a slice of the recovery money set aside for those people, Johnson drew 12 months and one day.