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A Boeing 767-332(ER) from Delta Air Lines takes off from Barcelona El Prat Airport in Barcelona, Spain, on October 8, 2024. 

Joan Valls | Nurphoto | Getty Images

CrowdStrike moved Monday evening to dismiss Delta Air Lines’ lawsuit around the July cybersecurity outage that led to canceled flights and stranded passengers, arguing that the airline’s litigation was an attempt to circumvent the contract between the two companies.

The agreement between CrowdStrike and Delta includes a clause limiting CrowdStrike’s liability and a cap on damages, which the cybersecurity provider says Delta is now trying to skirt. CrowdStrike also argued in its filing that Georgia law prevents Delta from converting a breach of contract into tort claims.

“As an initial matter, Georgia’s economic loss rule specifically precludes Delta’s efforts to recover through tort claims the economic damages it claims to have suffered,” CrowdStrike wrote.

Delta said the July cybersecurity outage cost the company more than $500 million in canceled flights, refunds and passenger accommodations. It is seeking to recoup those costs from CrowdStrike through the suit. But the damage done to Delta’s reputation as a premium carrier can’t yet be quantified, nor has the impact of a Department of Transportation investigation into Delta over the outage.

Delta continues to rely on CrowdStrike services following the outage, likely because it is extremely difficult to change cybersecurity providers in systems as large and complicated as Delta’s. 

Still, CrowdStrike said it moved quickly to try and help Delta — offers the cybersecurity company says were rebuffed. “We are good for now,” one message from a Delta executive cited by CrowdStrike read. The cybersecurity company said its executives were in close contact on the day of the outage.

“Delta repeatedly rebuffed any assistance from CrowdStrike or its partners,” CrowdStrike wrote.

CrowdStrike further argues that Delta’s own practices and systems led to the widespread delays and cancellations, unlike other industry peers who recovered much more quickly from the outage.

“Delta was an outlier. Although Delta acknowledges that it took just hours—not days—for Delta employees to” remediate the outage, CrowdStrike wrote in its filing, “cancellations far exceeded the flight disruptions its peer airlines experienced.”

The cybersecurity company’s stock took a sharp hit after the outage, plunging 44%. It’s since largely recovered from those losses, posting strong quarterly results even after lowering its guidance due to the incident. CrowdStrike has been helped by the relative stickiness of its products, especially at large enterprises.

A Delta spokesperson was not immediately available for comment.

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OpenAI says it will use Google’s cloud for ChatGPT

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OpenAI says it will use Google's cloud for ChatGPT

OpenAI CEO Sam Altman speaks to members of the media as he arrives at a lodge for the Allen & Co. Sun Valley Conference on July 8, 2025 in Sun Valley, Idaho.

Kevin Dietsch | Getty Images News | Getty Images

OpenAI said Wednesday that it expects to use Google’s cloud infrastructure for its popular ChatGPT artificial intelligence assistant.

The reach for additional capacity aligns with OpenAI’s desire for more computing power to meet heavy demand after initially relying exclusively on Microsoft for cloud capacity. The two companies’ relations have evolved since then, with Microsoft naming OpenAI as a competitor last year.

Both companies sell AI tools for developers and offer subscriptions to companies.

OpenAI has added Google to a list of suppliers, specifying that ChatGPT and its application programming interface will use the Google Cloud Platform, as well as Microsoft, CoreWeave and Oracle.

The announcement amounts to a win for Google, whose cloud unit is younger and smaller than Amazon‘s and Microsoft‘s. Google also has cloud business with Anthropic, which was established by former OpenAI executives.

The Google infrastructure will run in the U.S., Japan, the Netherlands, Norway and the United Kingdom.

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Last year, Oracle announced that it was partnering with Microsoft and OpenAl “to extend the Microsoft Azure Al platform to Oracle Cloud Infrastructure” to give OpenAI additional computing power. In March, OpenAI committed to a cloud agreement with CoreWeave in a five-year deal worth nearly $12 billion.

Microsoft said in January that it had agreed to move to a model of providing the right of first refusal anytime OpenAI needs more computing resources, rather than being its exclusive vendor across the board. Microsoft continues to hold the exclusive on OpenAI’s programming interfaces.

Sam Altman, OpenAI’s co-founder and CEO, said in April that the startup, which draws on Nvidia graphics processing units to power its large language models, was facing capacity constraints.

“if anyone has GPU capacity in 100k chunks we can get asap please call!” he wrote in an X post at the time.

Reuters reported in June that OpenAI was planning to bring on cloud capacity from Google.

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Tesla’s change in bylaws to limit shareholder lawsuits slammed by New York state officials

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Tesla's change in bylaws to limit shareholder lawsuits slammed by New York state officials

Elon Musk interviews on CNBC from the Tesla Headquarters in Texas.

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In May, Tesla changed its corporate bylaws in a way that would require investors to own 3% of the stock, today worth about $30 billion, in order to file a derivative lawsuit against the company for breach of fiduciary duties. Authorities in New York State are now asking Tesla to delete the bylaw entirely.

Overseers of the New York State Common Retirement Fund, which owns about 0.1% of Tesla’s shares, submitted a formal proxy proposal and letter to the company on July 11, and shared it with CNBC on Wednesday. They say that Elon Musk’s automaker engaged in a “bait-and-switch” to convince shareholders to approve an incorporation move from Delaware to Texas in June 2024.

Musk made the move after a judge in Delaware voided the $56 billion pay package that the CEO, also the world’s richest person, was granted by Tesla in 2018, the largest compensation plan in public company history. In getting shareholders to approve the change in its state of incorporation, Tesla said that stakeholders’ rights “are substantially equivalent” under the laws of Delaware and Texas.

On May 14, almost a year after Tesla’s move, Texas changed its law to allow corporations in the state to require 3% ownership before being able to carry forth a shareholder derivative suit.

“The very next day, Tesla’s board amended the Company’s bylaws to the maximum allowable 3% ownership threshold, effectively insulating the Company’s directors and officers from accountability to shareholders,” the New York letter says. The letter was signed by Gianna McCarthy, a director of corporate governance with the retirement fund, on behalf of the fund and New York State Comptroller Thomas DiNapoli.

Only three institutions currently own at least 3% of Tesla’s outstanding shares.

Tesla didn’t immediately respond to a request for comment.

The New York fund overseers wrote that derivative actions are “the last resort for shareholders to enforce their rights” when company directors or officers violate their fiduciary obligations, and called Tesla’s decision on the matter “egregious.”

In an email to CNBC, DiNapoli said Tesla “deceived shareholders” in assuring them that their rights would remain the same in Texas.

“These actions violate basic tenets of good corporate governance and must be reversed,” he wrote.

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Peter Thiel just bought a big stake in Tom Lee’s ether company and the shares are surging

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Peter Thiel just bought a big stake in Tom Lee's ether company and the shares are surging

Peter Thiel, president and founder of Clarium Capital Management LLC, holds hundred dollars bills as he speaks during the Bitcoin 2022 conference in Miami, Florida, U.S., on Thursday, April 7, 2022. 

Eva Marie Uzcategui | Bloomberg | Getty Images

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Bitmine (BMNR) 1-month

The current wave of interest in Ethereum and related assets follows an announcement by Robinhood that it will enable trading of tokenized U.S. stocks and ETFs across Europe, and a groundswell of interest in stablecoins throughout June following Circle’s wildly successful IPO and ongoing progress in Congress on the Senate’s proposed stablecoin bill, the GENIUS Act.

The price of ether itself also continued its rally, up more than 4% Wednesday. The coin has doubled in price in the past three months.

Thiel is a venture capitalist and hedge fund manager best known as a cofounder of both PayPal and Palantir and an early investor in Facebook. Founders Fund was an investor in Tagomi, the crypto brokerage acquired by Coinbase in 2020, and Polymarket, the prediction market built on Ethereum.

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