After a chaotic week following the Justice Department’s mid-trial settlement with Live Nation-Ticketmaster, the antitrust trial picked back up surprisingly smoothly on Monday — this time, with dozens of states leading the case.
Technology
The Live Nation trial restarts with a ‘velvet hammer’
This isn’t the outcome the states originally wanted. Out of concerns about being able to effectively take over the case and fear that the jury would be prejudiced by the shakeup, they requested a mistrial, which would have restarted the court battle at an unknown future date. But an irritated Judge Arun Subramanian seemed likely to deny the request, and once the states figured out how to retain the DOJ’s expert witness and were able to quickly hire up, they withdrew their mistrial motion. After the new faces were introduced, the trial restarted from roughly where it left off more than a week ago, with testimony that included how Live Nation deployed its “velvet hammer” against rivals.
Subramanian welcomed the jurors back from their “spring break” and asked if they had read or encountered any news about the case when they were out, which is forbidden by the jury instructions. They either shook their heads or remained silent. He reminded the jurors that the US had resolved its claims, as had a handful of states, but the rest were proceeding to trial. Jurors shouldn’t make any inferences from the fact those parties are no longer in the case, he said.
With the DOJ out of the picture, the lawyers who questioned early witnesses were gone, replaced by a new team co-led by Jonathan Hatch, an attorney from the New York AG’s office, and Jeffrey Kessler of Winston & Strawn, who represented college athletes in the landmark Supreme Court antitrust case against the NCAA over compensation.
The states’ attorneys picked up questioning of Jay Marciano, the COO of AEG, a competitor to Live Nation on multiple fronts. While Hatch refreshed jurors on parts of Marciano’s prior testimony, it was otherwise a fairly standard examination. Marciano testified about ticketing models he prefers in Europe, where multiple ticketing services often work at a venue, unlike the norm in the US where venues tend to accept exclusive ticketing contracts, often from Ticketmaster.
On cross examination, Marciano spoke to an incident the jury heard about early in the trial: a call between the Barclays Center’s then-CEO and Live Nation CEO Michael Rapino, who responded to an attempt to abandon Ticketmaster by saying it would be harder for the arena to get concerts with the new UBS Arena nearby. While Barclays interpreted this as a threat to protect Ticketmaster, Marciano affirmed that it’s common as a concert promoter to play venues against each other to get more favorable terms, and that the UBS Arena likely would attract artists away from Barclays as the new venue in town.
Live Nation’s president of US concerts, Robert Roux, addressed a separate allegation: that Live Nation uses its broad control over US amphitheaters to maintain its monopoly power, leaving no other real options for artists looking to play large outdoor venues. Through Live Nation’s own business presentations, plaintiff attorney Josh Hafenbrack demonstrated that the company made big strides to gain power over four of the top five amphitheaters in the US by ticket sales between 2016 and now. A 2018 presentation showed a largely highlighted list of the top 100 amps worldwide, with the green highlights representing the 62 Live Nation owned, operated, or exclusively booked venues at the time. Since then, Roux confirmed, the company has added several more on that list.
Live Nation denies it acted anticompetitively, and argues the states ignore other kinds of venues that compete for the same shows. But Roux wrote in a 2015 email that many non-superstar artists come in wanting to play amphitheaters — many of which, evidence shown in court has suggested, are controlled or exclusively booked by Live Nation. He also wrote that in those cases, there was “room for tighter negotiations and deals.”
“Either we are together or we are competitors”
Other emails described how Live Nation thinks about its competition when contemplating otherwise lucrative deals. In a 2018 email exchange, Rapino questioned why Live Nation should give shows to a promoter in the South it considered acquiring, Red Mountain Entertainment, before it actually owned it. Roux wrote at the time that the message to Red Mountain should be, “Either we are together or we are competitors.” He described the approach as a “velvet hammer.” On the witness stand, Roux said the message wasn’t meant to “antagonize” the promoter, but to be firm and send a clear message. In a separate exchange that mentioned Red Mountain, Roux wrote that Live Nation shouldn’t get “complacent” and “let small guys encroach from the edges.” Roux said the comment was a general one, and not specific to the promoter. Live Nation acquired Red Mountain in 2018.
In 2020, Rapino advised Roux against letting Radio Disney and concert promoter Superfly into a Live Nation venue, even after they offered a contract that would yield at least $400,000 in profit for Live Nation for renting out the amp. One executive had raised a concern about allowing a third-party promoter into the amp, even though the “money is great.”
Finally, Roux testified that Live Nation’s profits per fan have multiplied in recent years, with profitability in large amps, a key market in the case, growing more than other venue categories between 2019 and 2024. Before certain costs were factored in, the company made $386 million in profit from large amps in 2024, nearly triple the amount it made in that segment in 2019.
Besides the delay in the case while the states’ team sorted out its next moves absent the DOJ, there wasn’t a noticeable change in the flow of trial and how the new litigators operated, compared to the first week of trial. The case is still expected to run several more weeks, though both sides said they’ve worked to trim their witness lists to help make up for lost time. Toward the end of this week, one of the trial’s most high-profile witnesses is expected to take the stand: Live Nation’s CEO.
Technology
Google’s Nest Thermostat has hit its best price of the year
If you’re looking for a relatively affordable way to cut down on cooling costs, Google’s Nest Thermostat can help. It’s packed with smart controls and energy-saving features, and right now it’s on sale in white for $79 ($50 off), which is its best price of the year, at Amazon.
The smart thermostat is quick to install and makes it easy to adjust your home’s temperature whether you’re relaxing in bed or on your way home thanks to the Google Home app. You can also create schedules and control it with your voice using Google Assistant, Alexa, or another Matter-compatible voice assistant.
Once it’s set up, the Nest Thermostat can automatically turn the temperature down when you’re away to help reduce unnecessary energy use, while Google’s Savings Finder feature suggests additional ways to save over time. It also monitors your HVAC system and can alert you if something doesn’t seem right, making it easier to stay on top of maintenance before small issues become bigger, more expensive ones. If you’re eligible, Nest Renew can also automatically shift some of your heating and cooling to times when electricity is cleaner or cheaper.
That said, this is Google’s entry-level model from 2020, so you do miss out on some of the premium features found on the latest Nest Learning Thermostat. Unlike the flagship version, it won’t learn your schedule automatically over time, for example, and lacks support for Nest Temperature Sensors that let you prioritize the temperature in a specific room. Even so, if all you want is an easy way to adjust your home’s temperature remotely and potentially lower your energy bills, the Nest Thermostat is still a solid investment at this price.
Technology
Medical identity theft follows you into the doctor’s office
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The Justice Department recently charged 455 people in its annual National Health Care Fraud Takedown. The cases involve more than $6.5 billion in alleged false claims. More state Medicaid units took part than in any prior year. Ninety of the accused are doctors or other licensed medical professionals. The DOJ says prosecutors still must prove the charges in court.
Many schemes used other people’s medical identities. Prosecutors also added aggravated identity theft charges in cases across dozens of states. In one case, the co-owner of a Virginia mental health company allegedly paid homeless people with hotel stays. Prosecutors say the company used their Medicaid numbers, then billed Medicaid for crisis services the patients never got.
For the people whose numbers got used, the case file may eventually close. Their medical records may not be so easy to fix. Once someone else’s treatment shows up under your name, it can add wrong information to your chart. It can also use up insurance benefits you may need later. That is harder to undo than canceling a credit card.
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DR OZ WARNS MEDICARE SCAMMERS ARE STEALING BILLIONS — AND YOUR PERSONAL INFORMATION COULD BE NEXT
Medical identity theft can put someone else’s claims, prescriptions or diagnoses into your health records, creating problems that can follow you into a doctor’s office. (iStock)
The identity thief’s treatment gets written into your file
Medical identity theft happens when someone uses your name, Social Security number (SSN), health insurance account number, or Medicare number to see a doctor, fill a prescription, buy medical equipment, or submit a claim, according to the Federal Trade Commission (FTC).
When care is billed under your name, the thief’s health information can blend into yours. The FTC warns that mixed records can affect the care you’re able to get and the benefits you are able to use. A blood type, a drug allergy, a diagnosis, or a prescription that belongs to a stranger can sit in the file a physician reads before treating you.
Data breaches can feed the market for medical identity theft
Hospitals and insurers hold the exact records that make the fraud work, and those records are stolen often. This does not mean every healthcare breach leads to fraud. However, it explains why your insurance number, Medicare number, SSN and medical records can become valuable long after a breach notice arrives.
This spring, NYC Health + Hospitals reported that an intruder had copied files that may have included health insurance information, medical information, biometric data, billing data and other personal information. The breach was later reported to affect roughly 1.8 million current and former patients and employees.
Once a name, SSN, insurance number, Medicare number or medical record reaches a criminal marketplace, it can be resold to operators who bill under someone else’s identity.
Treat your insurance card like a credit card
Your health insurance and Medicare numbers are what these operations need, so the FTC recommends guarding them the way you would a payment card.
- Keep enrollment forms, benefit statements, and prescription labels somewhere secure, and shred them before throwing them out.
- When a doctor’s office asks for your SSN, ask whether it can use another identifier or the last four digits instead.
- Be wary of anyone who calls, texts, or emails offering free braces, genetic tests, or medical supplies in exchange for your Medicare number; several of the schemes in the June takedown billed Medicare for exactly those items.
- If you are on Medicare, create or log in to your secure Medicare account and review your claims. You can also check your Medicare Summary Notice for services, supplies or equipment you do not recognize. If something looks wrong, call 1-800-MEDICARE.
HOSPICE FRAUD USES STOLEN IDENTITIES FOR FAKE PATIENTS
Experts urge patients to treat insurance cards like credit cards and quickly challenge unfamiliar medical bills, claims or benefits notices. (iStock)
Your credit report may never flag this fraud
Because a fraudulent medical claim runs through insurance and provider systems instead of a credit check, it skips the alerts most people rely on.
Here’s what the FTC says you should look out for:
- A bill or an Explanation of Benefits (EOB) statement for care you never received
- A call from a debt collector about a medical debt you do not owe
- A medical collection you do not recognize on your credit report
- A notice from your insurer that you have reached your benefit limit
- A Medicare Summary Notice that lists services, supplies or equipment you never received
What to do first if a medical claim looks wrong
If a bill, EOB or Medicare notice shows care you never received, move quickly and keep everything in writing.
1) Call your insurer or Medicare directly
Call your insurer or Medicare using the number on your card, not a number from a random text, email or voicemail.
2) Get the claim details
Ask for the provider name, date of service, claim number and service details.
3) Request the records in writing
Contact the provider in writing and request the medical or billing records tied to that claim.
4) Report the error
Report the error to your insurer’s fraud department.
5) File an identity theft report
File a report at IdentityTheft.gov if your medical identity was used. That gives you a recovery plan and documentation you may need if fraudulent bills or collections show up later.
6) Save every document
Keep copies of every bill, EOB, letter, portal message, police report and case number.
Correcting a medical file is slower than disputing a charge
Request your records from every provider, clinic, pharmacy, lab and insurer the thief may have used, then report each error in writing. Under HIPAA, a provider generally has 30 days to give you access to your records after a written request, with a possible 30-day extension.
Fixing the record itself can take longer. HHS says a covered provider or health plan usually has up to 60 days to act on a request to amend a medical record, with a possible 30-day extension in certain cases. If the provider or plan created the wrong information, it must amend inaccurate or incomplete information.
There’s one catch, though: a provider may refuse to release records that now contain a stranger’s information, citing that person’s privacy. If that happens, ask for the provider’s privacy officer or patient advocate. You can also file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights if you do not get your records or an explanation within the required window.
TEXAS DATA BREACH HITS 3M LICENSE CUSTOMERS
Stolen Medicare, Medicaid or insurance numbers can be used to bill for care, medical equipment or prescriptions patients never received. (kali9/Getty Images)
A credit freeze alone won’t stop a claim under your insurance
A freeze blocks new accounts, but it does nothing about a claim filed with your insurance number. Because medical identity theft can move without touching your credit file, monitoring where your personal information appears is the earliest way to act on it.
An identity theft protection service can monitor the dark web, data broker sites and people-search sites for exposed SSNs, driver’s license numbers, medical ID numbers and email addresses. It can also track all three credit bureaus for medical collections that may follow and flag public-record changes tied to your name.
If misuse happens, some services include fraud resolution support to help you request records, dispute fraudulent claims and work with providers, insurers and credit bureaus. Some plans also include identity theft insurance for eligible recovery costs.
No service can prevent every misuse of your medical identity. However, ongoing monitoring may flag exposed information before another person’s treatment reaches your records and your insurance.
See my tips and best picks on Best Identity Theft Protection at CyberGuy.com.
Kurt’s key takeaways
Medical identity theft hits in a place most of us rarely check: our health records. A stolen credit card can usually be canceled quickly. A stolen Medicare or insurance number can create fake claims, wrong diagnoses and benefit headaches that follow you long after the fraud case ends. I would not wait for a credit alert here. Check your EOBs, Medicare Summary Notices and insurer portals for visits, prescriptions or equipment you never received. Also, treat your insurance card like a payment card. Do not give the number to anyone who calls, texts or emails out of nowhere with a free offer. The most important thing is to act fast. Call your insurer or Medicare, ask for the claim details and request your medical records in writing. Then file at IdentityTheft.gov, so you have the paperwork you need if fraudulent bills or collections show up later.
Have you ever spotted a medical bill, insurance claim or EOB for care you never received? Let us know by writing to us at CyberGuy.com.
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Technology
Meta is reportedly working on smart glasses that would be recording all the time
Meta might be the next company to make an always-on AI wearable. The company is working on prototype “super sensing” always-aware smart glasses that could continuously record audio and snap photos “every few seconds,” according to the Financial Times. The wearer could then ask Meta AI about the captured audio and images.
However, the images and audio might not be directly available to the user. Here’s how the FT describes one way the glasses could use the data:
In one proposed system, raw footage and audio would not be stored by Meta or made available to the user, several people said. Instead, the metadata from that audio and images would be extracted and uploaded to the server for Meta’s AI to query, which proponents argue would have fewer privacy implications.
But currently, Meta is planning for the LED recording indicator to remain off in “super sensing” mode, the FT reports. In a July 2025 whitepaper, the company said that it would reserve the LED indicator for “active capture” scenarios where the user is saving photos or videos, and leave it off during “AI Feature” use — such as scanning a menu — to avoid users becoming too used to the indicator. (If the indicator was on during the “super sensing” mode, it might also be harder to know when the glasses are actually recording video.)
Meta is also discussing if it would use the captured data for training its AI models. It may also bring the “super sensing” features to glasses it has already released, the FT says.
“While we don’t comment on internal prototypes, we’re committed to getting our glasses right because they need to be loved by both people wearing them and those around them,” Meta spokesperson Dave Arnold says in a statement to The Verge. Arnold also notes that “Our approach has been to develop new technologies that will help people throughout their day, with privacy built in from the ground up.”
Meta hasn’t been shy about some type of always-aware glasses being a possibility. CEO Mark Zuckerberg, in the company’s Q1 2026 earnings call, said that he was “really excited to see the glasses evolve from being able to answer questions to being able to be a personal agent that’s with you all day long, helping you remember things and achieve your goals.” In a March blog post about new Ray-Ban Meta glasses, the company wrote that “with ongoing software updates, Meta AI on glasses will transition from something you have to prompt with a question each time, to a more continuous, in-the-moment assistant that can help throughout the day.”
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