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Commentary: Has Musk lied about self-driving Teslas? California says so

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Commentary: Has Musk lied about self-driving Teslas? California says so

Over the years, Elon Musk has been known for making extravagant promises about the capabilities of Tesla cars, and for falling short.

California has finally called him out, via a lawsuit accusing Tesla of leading buyers to believe that its vehicles can operate autonomously — as self-driving cars — which they “could not and cannot do.” That amounts to false advertising, the Department of Motor Vehicles asserts.

The DMV is seeking to bar Tesla from selling cars in the state for at least 30 days. A five-day hearing in the case began Monday in Oakland before a DMV administrative law judge.

Professional investors, and most amateur investors as well, know how to devalue the optimism of corporate executives.

— Tesla, defending its unproven claims for its cars’ self-driving capabilities

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A suspension of car sales in California would be a serious problem for Tesla, given that the state has generally accounted for some 30% of its U.S. domestic sales; the U.S. has accounted for roughly half of worldwide sales.

Through June this year, Tesla sales have fallen more than 18% in California compared with the same period a year ago, at least in part because of Musk’s increasingly visible engagement with right-wing politics, his online embrace of racist and antisemitic viewpoints, and the rampage through federal agencies conducted by his minions at DOGE.

Tesla’s EV market share in the state fell to 45.3% in the first half from 53.4% in the first half of 2024.

Tesla’s second-quarter results, released after the stock market’s close Wednesday, bore no reason for joy among investors. The company reported a 12% revenue decline compared with the same quarter in 2024, which it attributed to a decline in auto deliveries, and a 42% decline in operating profit.

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Tesla has had to fight accusations of false claims about its cars’ autonomous capabilities before. Indeed, lists of overly optimistic or overconfident forecasts by Musk of Tesla sales and technological capabilities are common on the web. Not a few investors have learned to build in a standard deflation factor to bring these projections closer to reality or plausibility.

“Within two years,” Musk said in 2016, “you’ll be able to summon your car from across the country. It will meet you wherever your phone is … and it will just automatically charge itself along the entire journey.” In 2020, he told an engineering conference that he was “confident that we will have the basic functionality for Level 5 autonomy complete this year.”

Level 5, as defined by the Society of Automotive Engineers, is the highest self-driving category, allowing a vehicle to operate without a human driver ever taking control and in all conditions. No manufacturer has yet turned out a Level 5 vehicle, and some engineers doubt it will ever be possible. The most advanced autonomous vehicles today are Level 2 or 3, in which human drivers must take control all or some of the time.

A video posted on Tesla’s website in 2016 featured a car purportedly stopping at a red light and obeying other traffic signals, with the caption, “The person in the driver’s seat is only there for legal reasons. He is not doing anything. The car is driving itself.” A Tesla engineer later testified that the car followed a mapped route and that it did not have the capabilities shown in the video.

A Tesla shareholder lawsuit filed in 2023 cited more than 20 false or misleading statements Musk or Tesla made about the stage of its self-driving technology, its safety and its capabilities, dating back to 2019.

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During a podcast that year, for example, Musk claimed that by the end of the year a Tesla car “will be able to find you in a parking lot, pick you up, take you all the way to your destination without an intervention … I’m certain of that. That is not a question mark.” The California authorities assert that that’s still not possible, in 2025.

Tesla’s defense in the shareholder case included the argument that statements like those were “mere corporate puffery, vague statements of optimism.” They shouldn’t be part of a lawsuit, the company said, because “professional investors, and most amateur investors as well, know how to devalue the optimism of corporate executives.”

We’ve heard the “puffery” defense before. Typically, businesses use it to defend against charges that its advertising claims are deceptive, on the grounds that no one believes advertisements anyway.

Wells Fargo used it in an attempt to fend off a 2018 shareholder lawsuit alleging that the bank’s claim that it was working to “restore trust” among its customers after a string of scandals was false. The bank’s response was that such statements were “puffery” — so generic that they couldn’t “cause a reasonable investor to rely upon them.” Wells Fargo eventually settled the lawsuit for $300 million, without admitting wrongdoing.

A federal judge dismissed the shareholder lawsuit last year, finding that some of the statements by Tesla and Musk were indeed mere “puffery” and others were either true or otherwise irrelevant. The plaintiffs, which are public pension funds, have appealed the dismissal.

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California authorities filed their case against Tesla in July 2022. Their accusation has four main components. They argue that by labeling its autonomous driving functions “Autopilot” and “Full Self-Driving Capability,” the company has implied to customers that the cars can drive themselves.

The state also cited two snippets of language on the Tesla website. One stated, “The system is designed to be able to conduct short and long-distance trips with no action required by the person in the driver’s seat.” The other said, in part, “All you will need to do is get in and tell your car where to go. … Your Tesla will figure out the optimal route, navigating urban streets, complex intersections and freeways.”

Tesla didn’t reply to my request for a comment. But in its trial brief, filed July 17, the company asserted that its Autopilot and Full Self-Driving descriptions have always been qualified by warnings to users that the available features “require active driver supervision and do not make the vehicle autonomous.” It said that more than a year ago it dropped the label “Full Self-Driving Capability,” or FSDC, and replaced it with “Full Self-Driving (Supervised).”

As for the language the state cited, Tesla said that the phrases appeared only on “an aspirational webpage designed to recruit engineers … to develop future FSDC features,” and weren’t aimed at buyers — in other words, they were not meant to be factual claims. In any case, Tesla said, that webpage “no longer exists.” Its web address now steers users to the webpage for Full Self-Driving (Supervised).

Tesla also contended that there is no “direct evidence of consumer confusion” over the autonomy of its vehicles. The DMV, it said, merely concluded that “consumers may interpret Autopilot of FSDC terminology as being synonymous” with autonomous operation, but that’s not enough for a false advertising claim. (Emphasis in the original.)

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It’s true that Tesla’s self-driving features haven’t been successfully blamed in court for producing injuries or fatalities; Tesla has settled at least three cases involving claims that its self-driving systems were responsible for fatal accidents. One case involved the death of an Apple engineer whose Tesla struck a highway barrier while he was playing a video game with Autopilot allegedly activated. The settlement terms were undisclosed.

Tesla’s record could change, however, with the outcome of a trial currently taking place in federal court in Miami. The case was brought by the families of two victims who died when a Tesla with Autopilot engaged slammed into an SUV near where they were standing. One died and the other suffered serious injuries. The driver of the Tesla had taken his eyes off the road to search for a cellphone he had dropped, and the vehicle continued through an intersection before striking the SUV.

In certifying the case for trial, federal Judge Beth Bloom ruled that “a reasonable jury could find that Tesla acted in reckless disregard of human life for the sake of developing their product and maximizing profit.” She also cleared the plaintiffs to seek punitive damages if the jury finds against Tesla.

These legal developments come at a sensitive moment for Tesla. Sales are down not only in California, but also in much of the world. In the European Union, Tesla sales fell 45.2% this year through May, compared with a year earlier.

Tesla’s sales of regulatory credits to automakers that don’t exclusively market EVs but have needed to meet federal fleet emission standards are likely to evaporate; the budget bill recently signed by President Trump eliminates the financial penalties for automakers that don’t meet those standards, removing their incentive to buy credits from Tesla.

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Sales of those credits came to $2.76 billion last year, nearly 40% of Tesla’s reported profit for the year. Without the credit sales, which came to $595 million in the first quarter of this year, which ended March 31, Tesla would have reported a loss for the quarter instead of a $420-million profit. Tesla is scheduled to report second-quarter financial results next week.

The company faces challenges other than Musk’s waning public esteem and its sales decline. As I reported in March, the company faces ever-stiffer secular headwinds, including competition from legacy automakers moving into the electric vehicle market.

Its reputation for cutting-edge technology is eroding; the company’s largest Chinese rival, BYD, recently announced a new charging technology it says can add about 250 miles of range to an EV in five minutes — even less than the time it takes to fill a conventional car’s gas tank to the same level. Tesla says its top-of-the-line superchargers need 15 minutes to add 200 miles of charge.

Tesla’s product lineup is looking increasingly antique. Its clunky and widely disdained Cybertruck is beginning to look like a lemon. In March, regulators ordered a recall of all the trucks — the eighth recall since its introduction in 2023 — this time to address the tendency of metal trims along both sides to get ripped off at highway speeds because the glue that attaches them fails.

Sales have been sinking: Kelley Blue Book reported earlier this month that Tesla sold only 4,306 Cybertrucks in the second quarter this year, down by nearly one-third from the second quarter of 2024, and down by 50% in the first half of 2025 compared with last year’s first half.

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Tesla’s stock has long been buoyed by Musk’s reputation as a farsighted entrepreneur — based in part on his enticing visions of Tesla’s prospects. Those are beginning to fray, and the full dimensions of the wear-and-tear may not yet be fully evident.

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California, other states sue Trump administration over $100,000 fee for H-1B visas

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California, other states sue Trump administration over 0,000 fee for H-1B visas

California and a coalition of other states are suing the Trump administration over a policy charging employers $100,000 for each new H-1B visa they request for foreign employees to work in the U.S. — calling it a threat not only to major industry but also to public education and healthcare services.

“As the world’s fourth largest economy, California knows that when skilled talent from around the world joins our workforce, it drives our state forward,” said California Atty. Gen. Rob Bonta, who announced the litigation Friday.

President Trump imposed the fee through a Sept. 19 proclamation, in which he said the H-1B visa program — designed to provide U.S. employers with skilled workers in science, technology, engineering, math and other advanced fields — has been “deliberately exploited to replace, rather than supplement, American workers with lower-paid, lower-skilled labor.”

Trump said the program also created a “national security threat by discouraging Americans from pursuing careers in science and technology, risking American leadership in these fields.”

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Bonta said such claims are baseless, and that the imposition of such fees is unlawful because it runs counter to the intent of Congress in creating the program and exceeds the president’s authority. He said Congress has included significant safeguards to prevent abuses, and that the new fee structure undermines the program’s purpose.

“President Trump’s illegal $100,000 H-1B visa fee creates unnecessary — and illegal — financial burdens on California public employers and other providers of vital services, exacerbating labor shortages in key sectors,” Bonta said in a statement. “The Trump Administration thinks it can raise costs on a whim, but the law says otherwise.”

Taylor Rogers, a White House spokeswoman, said Friday that the fee was “a necessary, initial, incremental step towards necessary reforms” that were lawful and in line with the president’s promise to “put American workers first.”

Attorneys for the administration previously defended the fee in response to a separate lawsuit brought by the U.S. Chamber of Commerce and the Assn. of American Universities, arguing earlier this month that the president has “extraordinarily broad discretion to suspend the entry of aliens whenever he finds their admission ‘detrimental to the interests of the United States,’” or to adopt “reasonable rules, regulations, and orders” related to their entry.

“The Supreme Court has repeatedly confirmed that this authority is ‘sweeping,’ subject only to the requirement that the President identify a class of aliens and articulate a facially legitimate reason for their exclusion,” the administration’s attorneys wrote.

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They alleged that the H-1B program has been “ruthlessly and shamelessly exploited by bad actors,” and wrote that the plaintiffs were asking the court “to disregard the President’s inherent authority to restrict the entry of aliens into the country and override his judgment,” which they said it cannot legally do.

Trump’s announcement of the new fee alarmed many existing visa holders and badly rattled industries that are heavily reliant on such visas, including tech companies trying to compete for the world’s best talent in the global race to ramp up their AI capabilities. Thousands of companies in California have applied for H-1B visas this year, and tens of thousands have been granted to them.

Trump’s adoption of the fees is seen as part of his much broader effort to restrict immigration into the U.S. in nearly all its forms. However, he is far from alone in criticizing the H-1B program as a problematic pipeline.

Critics of the program have for years documented examples of employers using it to replace American workers with cheaper foreign workers, as Trump has suggested, and questioned whether the country truly has a shortage of certain types of workers — including tech workers.

There have also been allegations of employers, who control the visas, abusing workers and using the threat of deportation to deter complaints — among the reasons some on the political left have also been critical of the program.

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“Not only is this program disastrous for American workers, it can be very harmful to guest workers as well, who are often locked into lower-paying jobs and can have their visas taken away from them by their corporate bosses if they complain about dangerous, unfair or illegal working conditions,” Sen. Bernie Sanders (I-Vt.) wrote in a Fox News opinion column in January.

In the Chamber of Commerce case, attorneys for the administration wrote that companies in the U.S. “have at times laid off thousands of American workers while simultaneously hiring thousands of H-1B workers,” sometimes even forcing the American workers “to train their H-1B replacements” before they leave.

They have done so, the attorneys wrote, even as unemployment among recent U.S. college graduates in STEM fields has increased.

“Employing H-1B workers in entry-level positions at discounted rates undercuts American worker wages and opportunities, and is antithetical to the purpose of the H-1B program, which is ‘to fill jobs for which highly skilled and educated American workers are unavailable,’” the administration’s attorneys wrote.

By contrast, the states’ lawsuit stresses the shortfalls in the American workforce in key industries, and defends the program by citing its existing limits. The legal action notes that employers must certify to the government that their hiring of visa workers will not negatively affect American wages or working conditions. Congress also has set a cap on the number of visa holders that any individual employer may hire.

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Bonta’s office said educators account for the third-largest occupation group in the program, with nearly 30,000 educators with H-1B visas helping thousands of institutions fill a national teacher shortage that saw nearly three-quarters of U.S. school districts report difficulty filling positions in the 2024-2025 school year.

Schools, universities and colleges — largely public or nonprofit — cannot afford to pay $100,000 per visa, Bonta’s office said.

In addition, some 17,000 healthcare workers with H-1B visas — half of them physicians and surgeons — are helping to backfill a massive shortfall in trained medical staff in the U.S., including by working as doctors and nurses in low-income and rural neighborhoods, Bonta’s office said.

“In California, access to specialists and primary care providers in rural areas is already extremely limited and is projected to worsen as physicians retire and these communities struggle to attract new doctors,” it said. “As a result of the fee, these institutions will be forced to operate with inadequate staffing or divert funding away from other important programs to cover expenses.”

Bonta’s office said that prior to the imposition of the new fee, employers could expect to pay between $960 and $7,595 in “regulatory and statutory fees” per H-1B visa, based on the actual cost to the government of processing the request and document, as intended by Congress.

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The Trump administration, Bonta’s office said, issued the new fee without going through legally required processes for collecting outside input first, and “without considering the full range of impacts — especially on the provision of the critical services by government and nonprofit entities.”

The arguments echo findings by a judge in a separate case years ago, after Trump tried to restrict many such visas in his first term. A judge in that case — brought by the U.S. Chamber of Commerce, the National Assn. of Manufacturers and others — found that Congress, not the president, had the authority to change the terms of the visas, and that the Trump administration had not evaluated the potential impacts of such a change before implementing it, as required by law.

The case became moot after President Biden decided not to renew the restrictions in 2021, a move which tech companies considered a win.

Joining in the lawsuit — California’s 49th against the Trump administration in the last year alone — are Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, North Carolina, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington and Wisconsin.

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Some big water agencies in farming areas get water for free. Critics say that needs to end

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Some big water agencies in farming areas get water for free. Critics say that needs to end

The water that flows down irrigation canals to some of the West’s biggest expanses of farmland comes courtesy of the federal government for a very low price — even, in some cases, for free.

In a new study, researchers analyzed wholesale prices charged by the federal government in California, Arizona and Nevada, and found that large agricultural water agencies pay only a fraction of what cities pay, if anything at all. They said these “dirt-cheap” prices cost taxpayers, add to the strains on scarce water, and discourage conservation — even as the Colorado River’s depleted reservoirs continue to decline.

“Federal taxpayers have been subsidizing effectively free water for a very, very long time,” said Noah Garrison, a researcher at UCLA’s Institute of the Environment and Sustainability. “We can’t address the growing water scarcity in the West while we continue to give that water away for free or close to it.”

The report, released this week by UCLA and the environmental group Natural Resources Defense Council, examines water that local agencies get from the Colorado River as well as rivers in California’s Central Valley, and concludes that the federal government delivers them water at much lower prices than state water systems or other suppliers.

The researchers recommend the Trump administration start charging a “water reliability and security surcharge” on all Colorado River water as well as water from the canals of the Central Valley Project in California. That would encourage agencies and growers to conserve, they said, while generating hundreds of millions of dollars to repair aging and damaged canals and pay for projects such as new water recycling plants.

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“The need for the price of water to reflect its scarcity is urgent in light of the growing Colorado River Basin crisis,” the researchers wrote.

The study analyzed only wholesale prices paid by water agencies, not the prices paid by individual farmers or city residents. It found that agencies serving farming areas pay about $30 per acre-foot of water on average, whereas city water utilities pay $512 per acre-foot.

In California, Arizona and Nevada, the federal government supplies more than 7 million acre-feet of water, about 14 times the total water usage of Los Angeles, for less than $1 per acre-foot.

And more than half of that — nearly one-fourth of all the water the researchers analyzed — is delivered for free by the U.S. Bureau of Reclamation to five water agencies in farming areas: the Imperial Irrigation District, Palo Verde Irrigation District and Coachella Valley Water District, as well as the Truckee-Carson Irrigation District in Nevada and the Unit B Irrigation and Drainage District in Arizona.

Along the Colorado River, about three-fourths of the water is used for agriculture.

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Farmers in California’s Imperial Valley receive the largest share of Colorado River water, growing hay for cattle, lettuce, spinach, broccoli and other crops on more than 450,000 acres of irrigated lands.

The Imperial Irrigation District charges farmers the same rate for water that it has for years: $20 per acre-foot.

Tina Shields, IID’s water department manager, said the district opposes any surcharge on water. Comparing agricultural and urban water costs, as the researchers did, she said, “is like comparing a grape to a watermelon,” given major differences in how water is distributed and treated.

Shields pointed out that IID and local farmers are already conserving, and this year the savings will equal about 23% of the district’s total water allotment.

“Imperial Valley growers provide the nation with a safe, reliable food supply on the thinnest of margins for many growers,” she said in an email.

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She acknowledged IID does not pay any fee to the government for water, but said it does pay for operating, maintaining and repairing both federal water infrastructure and the district’s own system.

“I see no correlation between the cost of Colorado River water and shortages, and disagree with these inflammatory statements,” Shields said, adding that there “seems to be an intent to drive a wedge between agricultural and urban water users at a time when collaborative partnerships are more critical than ever.”

The Colorado River provides water for seven states, 30 Native tribes and northern Mexico, but it’s in decline. Its reservoirs have fallen during a quarter-century of severe drought intensified by climate change. Its two largest reservoirs, Lake Mead and Lake Powell, are now less than one-third full.

Negotiations among the seven states on how to deal with shortages have deadlocked.

Mark Gold, a co-author, said the government’s current water prices are so low that they don’t cover the costs of operating, maintaining and repairing aging aqueducts and other infrastructure. Even an increase to $50 per acre-foot of water, he said, would help modernize water systems and incentivize conservation.

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A spokesperson for the U.S. Interior Department, which oversees the Bureau of Reclamation, declined to comment on the proposal.

The Colorado River was originally divided among the states under a 1922 agreement that overpromised what the river could provide. That century-old pact and the ingrained system of water rights, combined with water that costs next to nothing, Gold said, lead to “this slow-motion train wreck that is the Colorado right now.”

Research has shown that the last 25 years were likely the driest quarter-century in the American West in at least 1,200 years, and that global warming is contributing to this megadrought.

The Colorado River’s flow has decreased about 20% so far this century, and scientists have found that roughly half the decline is due to rising temperatures, driven largely by fossil fuels.

In a separate report this month, scientists Jonathan Overpeck and Brad Udall said the latest science suggests that climate change will probably “exert a stronger influence, and this will mean a higher likelihood of continued lower precipitation in the headwaters of the Colorado River into the future.”

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Experts have urged the Trump administration to impose substantial water cuts throughout the Colorado River Basin, saying permanent reductions are necessary. Kathryn Sorensen and Sarah Porter, researchers at Arizona State University’s Kyl Center for Water Policy, have suggested the federal government set up a voluntary program to buy and retire water-intensive farmlands, or to pay landowners who “agree to permanent restrictions on water use.”

Over the last few years, California and other states have negotiated short-term deals and as part of that, some farmers in California and Arizona are temporarily leaving hay fields parched and fallow in exchange for federal payments.

The UCLA researchers criticized these deals, saying water agencies “obtain water from the federal government at low or no cost, and the government then buys that water back from the districts at enormous cost to taxpayers.”

Isabel Friedman, a coauthor and NRDC researcher, said adopting a surcharge would be a powerful conservation tool.

“We need a long-term strategy that recognizes water as a limited resource and prices it as such,” she wrote in an article about the proposal.

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As Netflix and Paramount circle Warner Bros. Discovery, Hollywood unions voice alarm

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As Netflix and Paramount circle Warner Bros. Discovery, Hollywood unions voice alarm

The sale of Warner Bros. — whether in pieces to Netflix or in its entirety to Paramount — is stirring mounting worries among Hollywood union leaders about the possible fallout for their members.

Unions representing writers, directors, actors and crew workers have voiced growing concerns that further consolidation in the media industry will reduce competition, potentially causing studios to pay less for content, and make it more difficult for people to find work.

“We’ve seen this movie before, and we know how it ends,” said Michele Mulroney, president of the Writers Guild of America West. “There are lots of promises made that one plus one is going to equal three. But it’s very hard to envision how two behemoths, for example, Warner Bros. and Netflix … can keep up the level of output they currently have.”

Last week, Netflix announced it agreed to buy Warner Bros. Discovery’s film and TV studio, Burbank lot, HBO and HBO Max for $27.75 a share, or $72 billion. It also agreed to take on more than $10 billion of Warner Bros.’ debt. But Paramount, whose previous offers were rebuffed by Warner Bros., has appealed directly to shareholders with an alternative bid to buy all of the company for about $78 billion.

Paramount said it will have more than $6 billion in cuts over three years, while also saying the combined companies will release at least 30 movies a year. Netflix said it expects its deal will have $2 billion to $3 billion in cost cuts.

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Those cuts are expected to trigger thousands of layoffs across Hollywood, which has already been squeezed by the flight of production overseas and a contraction in the once booming TV business.

Mulroney said that employment for WGA writers in episodic television is down as much as 40% when comparing the 2023-2024 writing season to 2022-2023.

Executives from both companies have said their deals would benefit creative talent and consumers.

But Hollywood union leaders are skeptical.

“We can hear the generalizations all day long, but it doesn’t really mean anything unless it’s on paper, and we just don’t know if these companies are even prepared to make promises in writing,” said Lindsay Dougherty, Teamsters at-large vice president and principal officer for Local 399, which represents drivers, location managers and casting directors.

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Dougherty said the Teamsters have been engaged with both Netflix and Paramount, seeking commitments to keep filming in Los Angeles.

“We have a lot of members that are struggling to find work, or haven’t really worked in the last year or so,” Dougherty said.

Mulroney said her union has concerns about both bids, either by Netflix or Paramount.

“We don’t think the merger is inevitable,” Mulroney said. “We think there’s an opportunity to push back here.”

If Netflix were to buy Warner Bros.’ TV and film businesses, Mulroney said that could further undermine the theatrical business.

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“It’s hard to imagine them fully embracing theatrical exhibition,” Mulroney said. “The exhibition business has been struggling to get back on its feet ever since the pandemic, so a move like this could really be existential.”

But the Writers Guild also has issues with Paramount’s bid, Mulroney said, noting that it would put Paramount-owned CBS News and CNN under the same parent company.

“We have censorship concerns,” Mulroney said. “We saw issues around [Stephen] Colbert and [Jimmy] Kimmel. We’re concerned about what the news would look like under single ownership here.”

That question was made more salient this week after President Trump, who has for years harshly criticized CNN’s hosts and news coverage, said he believes CNN should be sold.

The worries come as some unions’ major studio contracts, including the DGA, WGA and performers guild SAG-AFTRA, are set to expire next year. Two years ago, writers and actors went on a prolonged strike to push for more AI protections and better wages and benefits.

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The Directors Guild of America and performers union SAG-AFTRA have voiced similar objections to the pending media consolidation.

“A deal that is in the interest of SAG-AFTRA members and all other workers in the entertainment industry must result in more creation and more production, not less,” the union said.

SAG-AFTRA National Executive Director Duncan Crabtree-Ireland said the union has been in discussions with both Paramount and Netflix.

“It is as yet unclear what path forward is going to best protect the legacy that Warner Brothers presents, and that’s something that we’re very actively investigating right now,” he said.

It’s not clear, however, how much influence the unions will have in the outcome.

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“They just don’t have a seat at the ultimate decision making table,” said David Smith, a professor of economics at the Pepperdine Graziadio Business School. “I expect their primary involvement could be through creating more awareness of potential challenges with a merger and potentially more regulatory scrutiny … I think that’s what they’re attempting to do.”

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