Minimum Competence - Daily Legal News Podcast
Minimum Competence
Legal News for Mon 1/27 - Musk's $1m Giveaway 'Not a Lottery,' Indian Media Copyright Battle with OpenAI, PFAS in Cosmetics and Cadwalader Crushed 2024
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Legal News for Mon 1/27 - Musk's $1m Giveaway 'Not a Lottery,' Indian Media Copyright Battle with OpenAI, PFAS in Cosmetics and Cadwalader Crushed 2024

Elon Musk's $1M giveaway lawsuit, Indian media's copyright battle with OpenAI, new PFAS bans in cosmetics, and Cadwalader's record revenue.

This Day in Legal History: Paris Peace Accords

On January 27, 1973, the Paris Peace Accords were signed, formally ending direct U.S. military involvement in the Vietnam War. The agreement, brokered after years of intense negotiations, was signed by representatives from the United States, North Vietnam, South Vietnam, and the Provisional Revolutionary Government of South Vietnam. The key provisions included a ceasefire, the withdrawal of U.S. troops, the release of prisoners of war, and a commitment to peaceful reunification efforts. Dr. Henry Kissinger, serving as the U.S. National Security Advisor, played a pivotal role in negotiating the agreement, earning him the 1973 Nobel Peace Prize, which he controversially shared with North Vietnamese negotiator Lê Đức Thọ, who declined the award.

The accords marked a significant moment in Cold War diplomacy, as they sought to halt one of the most controversial conflicts in U.S. history. Despite the agreement, tensions remained high, and fighting between North and South Vietnam continued. Ultimately, the accords failed to establish lasting peace, as North Vietnamese forces launched a successful campaign to reunify Vietnam under communist control in 1975.

The accords also addressed humanitarian concerns, including provisions for the return of U.S. prisoners of war, such as those held at the infamous "Hanoi Hilton." The agreements emphasized self-determination for the South Vietnamese people, though political realities on the ground made this challenging. The signing of the Paris Peace Accords underscored the limits of U.S. influence in Vietnam and symbolized a broader shift in American foreign policy, as the nation grappled with the aftermath of its longest war to date.


Elon Musk has asked a federal judge in Texas to dismiss a class-action lawsuit accusing him and his political action committee, America PAC, of running an illegal lottery. The lawsuit, filed by Arizona resident Jacqueline McAferty, alleges that Musk misled voters in seven battleground states into signing a petition supporting the U.S. Constitution by offering a chance to win $1 million. McAferty argues that this violated Texas deceptive trade practices laws, as winners were supposedly chosen at random.

Musk, however, contends that participants were informed they would be evaluated for opportunities to become America PAC spokespeople, not awarded a random prize. He emphasized that this process did not involve "chance" and thus was not a lottery. Musk also rejected claims that collecting petition signers' personal information caused harm, noting there was no evidence of misuse.

The lawsuit, filed on Election Day in 2024, seeks at least $5 million in damages for petition signers. It follows a related legal effort in Philadelphia, where a judge declined to halt Musk's giveaway, ruling it was not an illegal lottery. Musk is a Texas resident, and Tesla, his electric car company, is headquartered in Austin.

Elon Musk says $1 million election giveaway wasn't an illegal lottery | Reuters


Indian digital news outlets, including those owned by billionaires Gautam Adani and Mukesh Ambani, have joined a copyright lawsuit against OpenAI, alleging unauthorized use of their content to train its AI models. News organizations such as NDTV, Network18, Indian Express, and Hindustan Times argue that OpenAI's "willful scraping" of their material threatens their copyrights and undermines their advertising revenue. This legal filing builds on a prior lawsuit initiated by ANI, India’s most prominent news agency, marking a significant escalation in the legal battle.

The media outlets accuse OpenAI of prioritizing partnerships with international publishers while neglecting similar agreements with Indian companies, resulting in unfair advantages. OpenAI, however, maintains that its use of publicly available data adheres to fair use principles and asserts that Indian courts lack jurisdiction over its U.S.-based servers. 

This legal challenge occurs as India's generative AI market is poised for rapid growth, and OpenAI views the country as a key market with a large user base. Critics of OpenAI's practices argue its actions undermine press freedom and could weaken democracy in India. Meanwhile, OpenAI continues to defend its business model, citing partnerships with major global publishers and emphasizing its compliance with copyright laws in other regions.

OpenAI to face Indian news firms of Ambani, Adani in copyright battle, documents show | Reuters


A wave of new state laws targeting "forever chemicals" (PFAS) in cosmetics took effect this year, reflecting growing concerns over the health and environmental risks of these persistent substances. California, Colorado, and several other states have banned the intentional use of PFAS in products like lipstick and mascara, while broader measures in states such as Minnesota also cover textiles, cookware, and food packaging. PFAS, often used for properties like water resistance or shine, can accumulate in the environment and pose health risks such as cancer, low birth weight, and fertility issues, according to the EPA.

Businesses are responding by assessing their supply chains, reformulating products, and removing items from shelves to comply with the patchwork of state laws, which vary in scope. Some companies may adopt nationwide standards based on these bans, while others will adjust their product offerings by jurisdiction. Legal experts warn of additional challenges, including lawsuits over "greenwashing" if products marketed as sustainable or eco-friendly are found to contain PFAS, even unintentionally.

Consumer lawsuits have already targeted items like waterproof mascara, disposable tableware, and smartwatch bands for PFAS content, citing false advertising. Meanwhile, some state laws, like those in Maine, acknowledge that PFAS are unavoidable in certain industries, requiring disclosure instead of outright bans. These measures are expected to spur further regulation of chemicals in cosmetics and beyond, particularly at the state level, as consumer demand for "clean beauty" and environmentally friendly products continues to grow.

'Forever Chemicals' Reckoning Hits Cosmetics With New State Laws


Cadwalader, Wickersham & Taft reported a record $638 million in revenue in 2024, a 15% increase driven by its work with Wall Street banks and private credit markets. The firm's strategy combines advising traditional banking clients and expanding its services to private capital providers as both sectors increasingly collaborate. Notable deals include representing BNP Paribas in a $5 billion financing partnership with Apollo-backed ATLAS SP Partners and helping arrange a European middle-market private credit collateralized loan obligation.  

The firm's 80 equity partners earned an average of $3.7 million each last year, a 33% increase. Managing Partner Pat Quinn emphasized that Cadwalader’s smaller size, with about 430 lawyers and offices in only five cities, fosters close collaboration and a personal touch with clients. Lawyers also benefit from flexible office policies, with partners required to be in four days a week and associates encouraged to attend voluntarily on Mondays.

Cadwalader’s capital markets, fund finance, and real estate practices performed strongly, while its investigations group expanded into broader corporate conduct matters. The London office also posted record revenue, bolstered by leveraged finance and fund finance work. With rising demand and increasingly complex transactions, Quinn anticipates that 2025 could surpass last year’s success.

Cadwalader Revenue Jumps 15% as Banks, Private Credit Align

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