Business
Column: Elon Musk is suing to stop the government from enforcing labor laws. The Supreme Court might agree with him
Few business leaders have taken to heart more than Elon Musk the old lawyer’s saw that if you don’t have the facts or the law on your side at trial, pound the table.
Musk has truculently flouted regulatory standards of all varieties as the guiding spirit of companies such as Twitter, Tesla and SpaceX — keeping factories open despite pandemic shutdown orders, allegedly committing securities fraud by issuing misleading tweets about his investment plans and ignoring government safety recommendations for self-driving automotive technologies.
As I’ve reported, Musk has gotten his way with regulators and municipal officials “through bluster and intimidation.”
This is an effort by a group of lawyers who are foes of the administrative state and the New Deal-era legislation that created the NLRB and the SEC to essentially end enforcement of those statutes.
— Catherine Fisk, UC Berkeley
Now he’s trying what may be his most audacious flip-off to regulators yet:
Faced with an accusation by the National Labor Relations Board that SpaceX improperly fired nine employees in 2022, among other illegal acts, the company, which is controlled by Musk, filed a lawsuit in federal court in Texas to declare the NLRB’s action — indeed, the board itself — unconstitutional.
There’s more to it than that, however. The SpaceX lawsuit takes direct aim at the very enforcement structure of the NLRB, through which appointed administrative law judges weigh unfair labor practice charges laid against employers and recommend penalties to be imposed by the board itself.
The company’s argument is that because the judges are largely immune from being fired other than “for good cause,” their role in enforcement deprives accused parties of their constitutional right to trial by jury.
It also asserts that the board’s power to act as judge and jury in employment cases and the members’ immunity from being removed by the president violates the separation of powers principle in the Constitution. In sum, SpaceX claims that it’s being held “subject to unlawful proceedings before an unconstitutionally structured agency.”
More such claims are in the offing from businesses facing regulatory scrutiny. According to a transcript obtained by Bloomberg, grocery chain Trader Joe’s made the same argument at a Jan. 16 NLRB hearing on charges that it engaged in illegal union-busting by retaliating against unionization advocates among its workers.
What are these companies up to? The SpaceX claims are unusual, but they’re not unique in recent regulatory litigation. Similar claims have been brought against the Securities and Exchange Commission and the Consumer Financial Protection Bureau.
“This is an effort by a group of lawyers who are foes of the administrative state and the New Deal-era legislation that created the NLRB and the SEC to essentially end enforcement of those statutes,” says Catherine Fisk, an employment and labor law authority at UC Berkeley law school.
Unable to challenge the laws themselves — they’ve been upheld by Supreme Court decisions dating back to the 1930s — or the regulations directly, Fisk told me, “they’re arguing that the administrative structure is in some part unconstitutional.”
Before delving into the details of the SpaceX lawsuit, let’s examine the NLRB’s enforcement case. The agency says SpaceX illegally fired the nine workers for circulating an open letter complaining about Musk’s “repeated conduct of issuing inappropriate, disparaging, sexually charged comments on Twitter,” which he owns. The silence of SpaceX management about Musk’s conduct, the letter said, allowed a “culture of sexism, harassment and discrimination” to “pervade … the workplace.”
The NLRB filed a formal complaint against SpaceX on Jan. 3, encompassing not only the firings but charges that it illegally interrogated workers and conducted illegal surveillance of their activities. The agency scheduled a hearing on the charges before an administrative law judge for March 5 in Los Angeles.
The very next day, SpaceX filed its lawsuit.
By some measures, SpaceX’s response to the NLRB charges might be interpreted as overkill. Even if it’s found to have committed all the violations, the consequences are meager. The NLRB can’t levy monetary fines.
It can order back pay and reinstatement for workers who have been wrongly discharged, but those wouldn’t make much of a dent in the finances of a company that was reported to have brought in $8 billion in revenue last year from government and commercial contracts.
Moreover, SpaceX hasn’t yet come before an administrative law judge over the NLRB charges, much less having them voted on by the full board. Its lawsuit, then, looks like a shot across the NLRB’s bow. The company asks the trial judge in Texas to block the NLRB’s case against it, declare that the NLRB’s structure is unconstitutional, and permanently prohibit the agency from pursuing unfair labor practice charges via administrative law judges.
That points to the conclusion that this case, and others like it, aim to exploit the veer to the right seen throughout the federal judiciary generally and the Supreme Court in particular.
This variety of attack on regulations went out of fashion in the 1930s, Fisk observes. The Supreme Court, which had overturned a sheaf of New Deal initiatives as well as state minimum wage laws, turned back to the middle in the face of rising public disdain and the court-packing scheme of Franklin Roosevelt.
FDR ultimately abandoned his proposal, but after 1936 the court ceased ruling against the New Deal — upholding the National Labor Relations Act, which created the NLRB, in 1937.
“For 85 years, those arguments weren’t made,” Fisk says, “because lawyers knew that they would get nowhere with them — they might even get sanctioned. The Supreme Court signaled that it was up to Congress to design regulatory structures.”
But today’s Supreme Court isn’t your great-grandfather’s Supreme Court. “The Supreme Court has given lawyers reason to think that they might be able to invalidate part or all of these statutes as being unconstitutional.”
As recently as last week, a majority of justices appeared ready to overturn or at least pare back the so-called Chevron doctrine, the nearly 40-year-old principle that courts should defer to agencies’ interpretations of their governing laws as long as those interpretations aren’t plainly unreasonable.
Overturning the doctrine, as industry litigants urged the court to do during oral arguments Jan. 17, could sap regulatory agencies’ ability to base their rule-making on expert advice.
Although Congress could theoretically overcome any regulatory problems created by an adverse court ruling by amending the laws in question, that’s not a good bet given the profound dysfunction reigning these days on Capitol Hill. The industries will have achieved their goals for years into the future.
That brings us to Musk’s litigation strategy. SpaceX filed its lawsuit against the NLRB not in Southern California, where the company is headquartered, or Washington, D.C., where the NLRB maintains its main office, but in federal court in Brownsville, Texas, a judicial outpost on the Mexican border. This reflects the practice of filing anti-government lawsuits in remote federal courtrooms in Texas, where plaintiffs have a good chance of drawing a right-wing judge.
On the face of it, that tactic may have failed in this case, because the Brownsville court has two judges, one of whom was appointed by Donald Trump and the other by Barack Obama, and the SpaceX case was assigned to Rolando Olvera, who was Obama’s appointee.
SpaceX, however, is playing a longer game. Any appeal from the Texas federal court would go to the extremely conservative U.S. 5th Circuit Court of Appeals, which I’ve described in the past as “the hackiest of hack-ridden federal courts.”
The New Orleans-based appellate court upheld Texas’ malevolent SB 8 antiabortion law in 2022, for example, after which the Supreme Court allowed the law to go into effect.
Last year it partially endorsed a ruling by federal Judge Matthew Kacsmaryk of Texas narrowing access to the abortion drug mifepristone. Kacsmaryk’s ruling was based on a tendentious and long-abandoned reading of an antique 1873 law, but that was enough for the issue to come before the Supreme Court, which has the case on its docket this year.
More to the point, the 5th Circuit has implicitly endorsed the practice of challenging regulations by taking aim at the constitutionality of regulatory agencies. It did so in a case targeting the Consumer Financial Protection Bureau brought by the payday lending industry, which has long been in the CFPB’s crosshairs.
A 5th Circuit panel composed of three Trump-appointed judges ruled the bureau’s funding mechanism unconstitutional; the government appealed that ruling to the Supreme Court, which heard oral arguments on Oct. 3 but hasn’t yet ruled.
The most important 5th Circuit case from the standpoint of SpaceX and Trader Joe’s, and any other businesses that chose to follow in their wake, is Jarkesy vs. SEC.
That case was brought by a hedge fund operator who was hit with $1 million in fines and penalties for fraud by the Securities and Exchange Commission in 2013. The 5th Circuit ruled against the SEC in 2022, finding that it was an unconstitutional breach of Jarkesy’s right to trial by jury for an administrative judge at the SEC to have ruled on Jarkesy’s crime and imposed the penalties, even though they were later approved by the commission itself.
The government appealed to the Supreme Court, which heard oral arguments on Nov. 30 but hasn’t issued a decision. SpaceX’s position draws closely from the 5th Circuit’s ruling in Jarkesy, which is cited no fewer than 13 times in SpaceX’s 25-page lawsuit.
The NLRB has called foul on SpaceX’s choice of venue, calling the company’s rationale for filing in Brownsville “less than paper thin.” The allegedly unlawful conduct of SpaceX took place entirely at the company’s headquarters in the Southern California enclave of Hawthorne, and nothing actually happened in Texas. The government has asked Olvera to transfer the case to federal court in Los Angeles, but he hasn’t yet ruled.
Put it all together, and the SpaceX lawsuit bears watching.
As I’ve written before, conservative federal judges, many of them appointed by Trump, have the power to move the country to the far right for decades to come, eroding reproductive health care, eviscerating gun control laws and making life more difficult for ordinary Americans depending on the federal government to protect their rights. Elon Musk, pursuing his own personal interests, is urging them to keep at it.
Business
How our AI bots are ignoring their programming and giving hackers superpowers
Welcome to the age of AI hacking, in which the right prompts make amateurs into master hackers.
A group of cybercriminals recently used off-the-shelf artificial intelligence chatbots to steal data on nearly 200 million taxpayers. The bots provided the code and ready-to-execute plans to bypass firewalls.
Although they were explicitly programmed to refuse to help hackers, the bots were duped into abetting the cybercrime.
According to a recent report from Israeli cybersecurity firm Gambit Security, hackers last month used Claude, the chatbot from Anthropic, to steal 150 gigabytes of data from Mexican government agencies.
Claude initially refused to cooperate with the hacking attempts and even denied requests to cover the hackers’ digital tracks, the experts who discovered the breach said. The group pummelled the bot with more than 1,000 prompts to bypass the safeguards and convince Claude they were allowed to test the system for vulnerabilities.
AI companies have been trying to create unbreakable chains on their AI models to restrain them from helping do things such as generating child sexual content or aiding in sourcing and creating weapons. They hire entire teams to try to break their own chatbots before someone else does.
But in this case, hackers continuously prompted Claude in creative ways and were able to “jailbreak” the chatbot to assist them. When they encountered problems with Claude, the hackers used OpenAI’s ChatGPT for data analysis and to learn which credentials were required to move through the system undetected.
The group used AI to find and exploit vulnerabilities, bypass defences, create backdoors and analyze data along the way to gain control of the systems before they stole 195 million identities from nine Mexican government systems, including tax records, vehicle registration as well as birth and property details.
AI “doesn’t sleep,” Curtis Simpson, chief executive of Gambit Security, said in a blog post. “It collapses the cost of sophistication to near zero.”
“No amount of prevention investment would have made this attack impossible,” he said.
Anthropic did not respond to a request for comment. It told Bloomberg that it had banned the accounts involved and disrupted their activity after an investigation.
OpenAI said it is aware of the attack campaign carried out using Anthropic’s models against the Mexican government agencies.
“We also identified other attempts by the adversary to use our models for activities that violate our usage policies; our models refused to comply with these attempts,” an OpenAI spokesperson said in a statement. “We have banned the accounts used by this adversary and value the outreach from Gambit Security.”
Instances of generative AI-assisted hacking are on the rise, and the threat of cyberattacks from bots acting on their own is no longer science fiction. With AI doing their bidding, novices can cause damage in moments, while experienced hackers can launch many more sophisticated attacks with much less effort.
Earlier this year, Amazon discovered that a low-skilled hacker used commercially available AI to breach 600 firewalls. Another took control of thousands of DJI robot vacuums with help from Claude, and was able to access live video feed, audio and floor plans of strangers.
“The kinds of things we’re seeing today are only the early signs of the kinds of things that AIs will be able to do in a few years,” said Nikola Jurkovic, an expert working on reducing risks from advanced AI. “So we need to urgently prepare.”
Late last year, Anthropic warned that society has reached an “inflection point” in AI use in cybersecurity after disrupting what the company said was a Chinese state-sponsored espionage campaign that used Claude to infiltrate 30 global targets, including financial institutions and government agencies.
Generative AI also has been used to extort companies, create realistic online profiles by North Korean operatives to secure jobs in U.S. Fortune 500 companies, run romance scams and operate a network of Russian propaganda accounts.
Over the last few years, AI models have gone from being able to manage tasks lasting only a few seconds to today’s AI agents working autonomously for many hours. AI’s capability to complete long tasks is doubling every seven months.
“We just don’t actually know what is the upper limit of AI’s capability, because no one’s made benchmarks that are difficult enough so the AI can’t do them,” said Jurkovic, who works at METR, a nonprofit that measures AI system capabilities to cause catastrophic harm to society.
So far, the most common use of AI for hacking has been social engineering. Large language models are used to write convincing emails to dupe people out of their money, causing an eight-fold increase in complaints from older Americans as they lost $4.9 billion in online fraud in 2025.
“The messages used to elicit a click from the target can now be generated on a per-user basis more efficiently and with fewer tell-tale signs of phishing,” such as grammatical and spelling errors, said Cliff Neuman, an associate professor of computer science at USC.
AI companies have been responding using AI to detect attacks, audit code and patch vulnerabilities.
“Ultimately, the big imbalance stems from the need of the good-actors to be secure all the time, and of the bad-actors to be right only once,” Neuman said.
The stakes around AI are rising as it infiltrates every aspect of the economy. Many are concerned that there is insufficient understanding of how to ensure it cannot be misused by bad actors or nudged to go rogue.
Even those at the top of the industry have warned users about the potential misuse of AI.
Dario Amodei, the CEO of Anthropic, has long advocated that the AI systems being built are unpredictable and difficult to control. These AIs have shown behaviors as varied as deception and blackmail, to scheming and cheating by hacking software.
Still, major AI companies — OpenAI, Anthropic, xAI, and Google — signed contracts with the U.S. government to use their AIs in military operations.
This last week, the Pentagon directed federal agencies to phase out Claude after the company refused to back down on its demand that it wouldn’t allow its AI to be used for mass domestic surveillance and fully autonomous weapons.
“The AI systems of today are nowhere near reliable enough to make fully autonomous weapons,” Amodei told CBS News.
Business
iPic movie theater chain files for bankruptcy
The iPic dine-in movie theater chain has filed for Chapter 11 bankruptcy protection and intends to pursue a sale of its assets, citing the difficult post-pandemic theatrical market.
The Boca Raton, Fla.-based company has 13 locations across the U.S., including in Pasadena and Westwood, according to a Feb. 25 filing in U.S. Bankruptcy Court in the Southern District of Florida, West Palm Beach division.
As part of the bankruptcy process, the Pasadena and Westwood theaters will be permanently closed, according to WARN Act notices filed with the state of California’s Employment Development Department.
The company came to its conclusion after “exploring a range of possible alternatives,” iPic Chief Executive Patrick Quinn said in a statement.
“We are committed to continuing our business operations with minimal impact throughout the process and will endeavor to serve our customers with the high standard of care they have come to expect from us,” he said.
The company will keep its current management to maintain day-to-day operations while it goes through the bankruptcy process, iPic said in the statement. The last day of employment for workers in its Pasadena and Westwood locations is April 28, according to a state WARN Act notice. The chain has 1,300 full- and part-time employees, with 193 workers in California.
The theatrical business, including the exhibition industry, still has not recovered from the pandemic’s effect on consumer behavior. Last year, overall box office revenue in the U.S. and Canada totaled about $8.8 billion, up just 1.6% compared with 2024. Even more troubling is that industry revenue in 2025 was down 22.1% compared with pre-pandemic 2019’s totals.
IPic noted those trends in its bankruptcy filing, describing the changes in consumer behavior as “lasting” and blaming the rise of streaming for “fundamentally” altering the movie theater business.
“These industry shifts have directly reduced box office revenues and related ancillary revenues, including food and beverage sales,” the company stated in its bankruptcy filing.
IPic also attributed its decision to rising rents and labor costs.
The company estimated it owed about $141,000 in taxes and about $2.7 million in total unsecured claims. The company’s assets were valued at about $155.3 million, the majority of which coming from theater equipment and furniture. Its liabilities totaled $113.9 million.
The chain had previously filed for bankruptcy protection in 2019.
Business
Startup Varda Space Industries snags former Mattel plant in El Segundo
In an expansion of its business of processing pharmaceuticals in Earth’s orbit, Varda Space Industries is renting a large El Segundo plant where toy manufacturer Mattel used to design Hot Wheels and Barbie dolls.
The plant in El Segundo’s aerospace corridor will be an extension of Varda Space Industries’ headquarters in a much smaller building on nearby Aviation Boulevard.
Varda will occupy a 205,443-square-foot industrial and office campus at 2031 E. Mariposa Ave., which will give it additional capacity to manufacture spacecraft at scale, the company said.
Originally built in the 1940s as an aircraft facility, the complex has a history as part of aerospace and defense industries that have long shaped the South Bay and is near a host of major defense and space contractors. It is also close to Los Angeles Air Force Base, headquarters to the Space Systems Command.
Workers test AstroForge’s Odin asteroid probe, which was lost in space after launch this year.
(Varda Space Industries)
Varda is one of a new generation of aerospace startups that have flourished in Southern California and the South Bay over the last several years, particularly in El Segundo, often with ties to SpaceX.
Elon Musk’s company, founded in 2002 in El Segundo, has revolutionized the industry with reusable rockets that have radically lowered the cost of lifting payloads into space. Though it has moved its headquarters to Texas, SpaceX retains large-scale operations in Hawthorne.
Varda co-founder and Chief Executive Will Bruey is a former SpaceX avionics engineer, and the company’s spacecraft are launched on SpaceX’s workhorse Falcon 9 rockets from Vandenberg Space Force Base in Santa Barbara County.
Varda makes automated labs that look like cylindrical desktop speakers, which it sends into orbit in capsules and satellite platforms it also builds. There, in microgravity, the miniature labs grow molecular crystals that are purer than those produced in Earth’s gravity for use in pharmaceuticals.
It has contracts with drug companies and also the military, which tests technology at hypersonic speeds as the capsules return to Earth.
Its fifth capsule was launched in November and returned to Earth in late January; its next mission is set in the coming weeks. Varda has more than 10 missions scheduled on Falcon 9s through 2028.
For the last several decades, the Mariposa Avenue property served as the research and development center for Mattel Toys. El Segundo has also long been a center for the toy industry as companies like to set up shop in the shadow of Mattel.
The Mattel facility “has always been an exceptional property with a legacy tied to aerospace innovation, and leasing to Varda Space Industries feels like a natural continuation of that story,” said Michael Woods, a partner at GPI Cos., which owns the property.
“We are proud to support a company that is genuinely pushing the boundaries of what’s possible, and are excited to watch Varda grow and thrive here in El Segundo,” Woods said.
As one of the country’s most active hubs of aerospace and defense innovation, El Segundo has seen its industrial property vacancy fall to 3.4% on demand from space companies, government contractors and technology startups, real estate brokerage CBRE said.
Successful startups often have to leave the neighborhood when they want to expand, real estate broker Bob Haley of CBRE said. The 9-acre Mattel facility was big enough to keep Varda in the city.
Last year, Varda subleased about 55,000 square feet of lab space from alternative protein company Beyond Meat at 888 Douglas St. in El Segundo, which it started moving into in June.
Varda will get the keys to its new building in December and spend four to eight months building production and assembly facilities as it ramps up operations. By the end of next year, it expects to have constructed 10 more spacecraft.
In the future, Varda could consolidate offices there, given its size. Currently, though, the plan is to retain all properties, creating a campus of three buildings within a mile of one another that are served by the company’s transportation services, Chief Operating Officer Jonathan Barr said.
“We already have Varda-branded shuttles running up and down Aviation Boulevard,” he said.
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