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The company argues that the law violates the First Amendment by effectively killing an app in the U.S. that millions of Americans use to share their views. Another problem: a divestiture within 270 days is practically impossible, Sapna Maheshwari and David McCabe report for The Times. DealBook spoke with Maheshwari about the lawsuit filed yesterday and what happens next. Do legal experts think TikTok has a chance at winning? Alan Rozenshtein, an associate professor at the University of Minnesota Law School, says that a victory is possible based on the “very, very substantial First Amendment challenge” involved.

Persons: TikTok, Sapna Maheshwari, David McCabe, DealBook, Maheshwari, Alan Rozenshtein, ” Organizations: U.S, The Times, University of Minnesota Law School Locations: Washington, ByteDance, U.S

The numbers behind a big fundOn Wall Street, one mystery has been whispered about for months: How accurate is the valuation of Blackstone’s flagship real estate fund? The speculation has arisen because the fund, the $59 billion Blackstone Real Estate Income Trust — more commonly known as BREIT — has managed to keep an “appraised” value of its assets that far exceeds virtually every other real estate fund. Many rivals have fallen in value, some quite dramatically, in the face of high interest rates and a flagging property market. BREIT’s performance has floated above its competition, and it has boasted a 10.5 percent annual return since its 2017 debut. (Those appraisals help to determine a firm’s management fees: The higher the appraisal value, the higher the fees.)

Persons: —, Blackstone, DealBook’s Andrew Ross Sorkin, Michael de la Organizations: Blackstone Real Locations: Michael de la Merced

But there’s an overlooked set of winners as well: utilities and energy companies. The power demands of the huge data centers that underpin the A.I. Wall Street is taking notice — but the climate effect isn’t getting as much attention. Tech’s energy needs are coming into focus as investors get to grips with how much of an “energy hog” generative A.I. Analysts at Wells Fargo see the A.I.

Organizations: Microsoft Locations: Wells

But this year’s event will be the first without Munger, who died in November at age 99 — and comes amid growing questions about Berkshire post-Buffett, who’s 93. Buffett will have a different crew answering questions alongside him on Saturday. Berkshire’s vice chairmen, Greg Abel and Ajit Jain, will be on hand for much of the day. Shareholders most likely will be focused on what Abel, Buffett’s appointed successor as C.E.O. In Buffett’s annual letter to investors, he noted challenges to Berkshire’s biggest businesses, including the BNSF railroad (falling shipment volumes) and its utility business (forest fires).

Persons: Warren Buffett, Charlie Munger, Munger, Buffett, Greg Abel, Ajit Jain, Abel, Buffett’s Organizations: Berkshire, Shareholders Locations: Berkshire, Omaha, Woodstock, America

ImageHERE’S WHAT’S HAPPENINGExxon Mobil strikes an agreement to win regulatory approval of its $60 billion megadeal. Elsewhere, shares in Shell were up after the producer reported $7.7 billion in adjusted quarterly earnings, beating analyst expectations. The U.S. imposes sanctions on Chinese companies over military support for Russia’s war effort. The Biden administration announced on Wednesday nearly 300 sanctions, including on more than a dozen Chinese businesses, aimed at disrupting Moscow’s full-scale invasion of Ukraine. The culprit: pressure on prices, amid growing competition from Eli Lilly’s Zepbound, supply constraints and scrutiny from lawmakers.

Persons: Scott Sheffield, Biden, Janet Yellen, Antony Blinken, Eli Lilly’s Zepbound, James Comer, Comer Organizations: Labor Department, Exxon Mobil, Natural Resources, Wall Street, Novo Nordisk, Republican, European Commission Locations: Shell, U.S, Ukraine, Danish, Kentucky, iRobot

A flicker of hope for the weed businessFor years, the dreams of the cannabis industry looked like they might go up in smoke, with the U.S. government classifying marijuana as a drug as dangerous as heroin. But the multibillion-dollar industry now has some hope that could change. The bet is that this will give the industry a new lease on life — though it shouldn’t expect big changes immediately. Shares in Tilray, a giant in the industry, jumped 39 percent on Tuesday, while those in Canopy Growth leaped nearly 79 percent. That’s welcome news for investors in both companies: Canopy Growth’s stock is down 97 percent over the past five years, while those in Tilray are down 95 percent.

Persons: Biden Organizations: U.S, Justice Locations: Tilray

Paramount’s cloudy futureThe boardroom intrigue at Paramount Global — the drama that has gripped the corporate world — just got messier. Bob Bakish is out as C.E.O., replaced by three subordinates who will form an “office of the C.E.O.” His departure caps a year of rising tension between him and Shari Redstone, Paramount’s controlling shareholder, who is pushing for a deal with David Ellison’s Skydance. Bakish’s exit removed an executive who didn’t support that transaction, but it doesn’t resolve all of the big questions hanging over the company’s future. Why Bakish was pushed out: Redstone picked the low-profile company veteran to lead Paramount after years of internal strife, but they still ended up clashing.

Persons: Bob Bakish, ”, Shari Redstone, David Ellison’s Skydance, Bakish Organizations: Paramount Global, Redstone, Paramount

Why Elon Musk went to ChinaJust days after Secretary of State Antony Blinken traveled to Beijing and warned China about unfair trade practices, Elon Musk landed in the Chinese capital. 2 official may have paid off: Musk reportedly cleared two obstacles to introducing a fully autonomous driving system in the world’s biggest car market. Musk is betting big on self-driving, and China is key. Tesla last week reported its worst quarter in two years as a price war hurts profit. Fully autonomous driving is also crucial.

Persons: Elon Musk, Antony Blinken, Tesla, China’s, they’ve, Musk, ” Organizations: Elon Locations: China, Beijing

An effort to give Trump more say on ratesThis week, investors had planned to examine the latest inflation data, due out at 8:30 a.m. Eastern on Friday, for clues about when the Fed would start cutting interest rates. The Wall Street Journal reports that allies of Donald Trump are devising ways of watering down the central bank’s independence if he is re-elected president. But it also raises questions about whether such a plan is possible — or whether Trump’s Wall Street supporters would back it. Among the most consequential would be asserting that Trump had the authority to oust Jay Powell as Fed chair before Powell’s term is up in 2025. While Trump gave Powell the job in 2017, he has since soured on his pick for raising rates, and has publicly said he wouldn’t give Powell a second term.

Persons: Donald Trump, Trump, Jay Powell, Powell, wouldn’t Organizations: Trump, Street Journal, Wall

Meta’s A.I. But for investors, that’s not enough — and that’s a warning to other tech giants set to announce their own financial results in the coming days. That makes clear that while Wall Street loves the opportunities that A.I. The company plans to spend $35 billion to $40 billion this year — much of that on the technology — up from a forecast of $30 billion to $37 billion. It also expects second-quarter revenue to come in at $36.5 billion to $39 billion, below analyst estimates.

Persons: Meta’s, Meta, that’s, Mark Zuckerberg Organizations: Facebook, Wall, Meta

The winners from the TikTok battleThe countdown to TikTok disappearing from the United States is about to start. The Senate overwhelmingly passed legislation to force the divestment of the video app by its Chinese owner, ByteDance, within a year or be banned. Barring the app from U.S. shores could take months, or even years — if it actually happens. The road ahead is complicated, and any disruptions to the app could bolster its American rivals. Analysts at Bernstein have estimated that, should TikTok be banned, Meta could draw up to 60 percent of TikTok’s American ad revenue, while YouTube could take another 25 percent or so.

Persons: Biden, Bernstein Organizations: Google, Meta, YouTube Locations: United States

Campus unrest spreadsTop American colleges are in turmoil, with dozens of pro-Palestinian student protesters having been arrested at N.Y.U. and Yale amid new worries about antisemitism on campus. The latest: Police were called in to break up pro-Palestinian protests at N.Y.U. Harvard shut Harvard Yard and Columbia will make classes at its main campus hybrid until next week. Encampments were growing at other schools, including M.I.T., the University of Michigan and the University of California, Berkeley.

Organizations: Palestinian, Yale, University, University of Pennsylvania, Harvard, Police, Columbia, University of Michigan, University of California Locations: N.Y.U, Columbia, Berkeley

Tesla investors’ nerve-racking rideTesla has hardly been keeping quiet as it prepares to announce earnings on Tuesday. These developments are the latest signs that Tesla is confronting its toughest stretch in years — and many shareholders aren’t convinced that the company and its C.E.O., Elon Musk, are taking the right steps to address it. The latest: During the weekend, Tesla cut prices of several models in China, the U.S. and Europe. Those moves came a day after Tesla voluntarily recalled nearly 4,000 Cybertrucks over a faulty accelerator pedal that could get stuck. It’s all apparently keeping Musk so busy that he canceled a trip to India, during which he was expected to meet with Prime Minister Narendra Modi and announce plans to build a factory there.

Persons: Tesla, aren’t, Elon Musk, Narendra Modi Locations: China, U.S, Europe, India

After the Indiana Fever made Caitlin Clark the W.N.B.A.’s No. In exchange for Clark’s once-in-a-generation talent, the W.N.B.A. The simplest reason the W.N.B.A. isn’t paying Clark more is that the league brings in just $200 million annually and relies on the N.B.A. The N.B.A., by contrast, brings in about $10 billion.

Persons: Caitlin Clark, ”, Clark’s, Biden, Clark Organizations: Indiana Fever, Nike

Labor painsAfter a “summer of strikes” last year that stretched from Detroit to Hollywood, unions are on a roll, flexing their growing might. Friday will bring a new test of that power as workers at a Volkswagen factory in Tennessee vote on whether to join the United Automobile Workers. Victory there would mark perhaps the first time a foreign carmaker’s U.S. plant became unionized and form a beachhead for organized labor in the anti-union South. But it could also resonate well beyond the car industry as President Biden cultivates labor in battleground states like Michigan and Pennsylvania. A yes vote would be a big win for the U.A.W.

Persons: ”, Biden, Shawn Fain, they’ve Organizations: Volkswagen, United Automobile Workers, Big, Detroit carmakers, Toyota, Tesla, Automotive News Locations: Detroit, Hollywood, Tennessee, U.S, Michigan, Pennsylvania

The clock ticks for TikTokThe push to either split TikTok from its Chinese owner, ByteDance, or ban it in the U.S. is gaining momentum thanks to a legislative maneuver by the House Speaker Mike Johnson. The bill’s progress comes as The Times reveals more details about the video platform’s origin story — and the central role played by the Chinese subsidiary of the trading firm of a Republican donor, Jeff Yass. Johnson has bundled the TikTok bill into a foreign aid package. The speaker said on Wednesday that he would put up for a vote this weekend a spending measure for Ukraine, Israel, and Taiwan that includes a modified version of the TikTok divestment legislation. The move may force the Senate’s hand: The House overwhelmingly passed the bill last month, but the Senate hasn’t been in a rush to take it up.

Persons: Mike Johnson, Jeff Yass, Johnson, hasn’t Organizations: Times Locations: U.S, Ukraine, Israel, Taiwan

Tesla tries again on Musk’s record pay packageNearly three months ago, a Delaware court voided Elon Musk’s multibillion-dollar pay package that Tesla’s board — and most shareholders — had given him in 2018, contending that the process to decide it was “deeply flawed” and that the company didn’t properly disclose it to investors. On Wednesday, Tesla said that it would ask shareholders to vote again on that same pay package, now valued at about $47 billion, at its annual meeting on June 13. The company’s board is effectively asking shareholders, now armed with all of the information that was revealed about the negotiations in court, to make the court’s ruling moot. The vote is likely to set off a bitter battle among investors and governance experts over whether shareholders should provide Musk with the richest pay package in U.S. corporate history. It comes as Tesla faces new challenges, especially slumping sales that have erased billions off its market value in recent months.

Persons: Tesla, Elon Musk’s, — Locations: Delaware

deal as a diplomatic weaponA relatively small deal — by Microsoft’s standards, anyway — is leading to big geopolitical ripples on Tuesday. The tech giant is investing $1.5 billion in G42, an Emirati artificial intelligence company. On its face, that may appear to be just another effort by the tech giant to claim a foothold in a fast-growing A.I. The terms of the deal: G42 will be able to sell Microsoft services that use powerful A.I. chips; in return, it will use Microsoft’s Azure cloud services for its A.I.

Persons: OpenAI, Biden Organizations: Microsoft Locations: Beijing, China

But the calm could be short lived, as world leaders and markets focus on Israel’s response. Military clashes don’t always sink the markets, as was the case when Hamas attacked Israel in October and Israel retaliated. “We may be entering one of the most treacherous geopolitical eras since World War II,” Jamie Dimon, JPMorgan Chase’s C.E.O., warned last week. “Take the win,” President Biden reportedly told Israel’s embattled prime minister after the attack was rebuffed with American help. Iran has signaled that the attack was a one-and-done, but Israel’s war cabinet hasn’t indicated its next move.

Persons: Israel, ” Jamie Dimon, JPMorgan Chase’s, Benjamin Netanyahu, Biden, hasn’t, Helima Croft Organizations: JPMorgan, ”, RBC Capital Markets Locations: Israel, Ukraine, United States, Iran

But this week’s dinner was overshadowed by the fight between the PGA Tour and the Saudi-backed LIV Golf series that has split the sport. The only certainties, according to insiders who have spoken to DealBook, are that a final agreement isn’t imminent after a series of deadlines have come and gone. And whatever happens between the PGA and LIV may permanently shape the future of professional sports. The 2023 winner, Jon Rahm, designed a menu that reflected his roots in the Basque region of northern Spain. There was, however, a bitter taste to his triumphant return: He quit the PGA Tour for LIV almost four months ago.

Persons: LIV, Jon Rahm Organizations: Augusta National Golf Club, PGA Tour, PGA Locations: Saudi, Basque, Spain

Housing gloomThe higher-for-longer inflation predicament has hit the U.S. housing market like a thunderbolt. More economists are paring their bets that the Fed will cut rates after the latest Consumer Price Index report. They all argue that sticky inflation will force the Fed to keep borrowing costs higher for longer. The country is growing faster than many peers, but voters are zeroing in on inflation to explain their disapproval of President Biden’s handling of the economy. (Some DealBook readers in recent days have emailed to say that they’re strongly feeling the pain of housing inflation.)

Persons: Goldman Sachs, ” Lawrence Yun, Biden’s Organizations: Bank of America, Deutsche Bank, National Association of Realtors

The dollar spiked overnight and traders slashed their bets on when — or whether — the Fed would cut interest rates this year. Such uncertainty could last for months and complicate President Biden’s bid for a second term. Traders this morning were pricing in less than two rate cuts for 2024 — down from more than six at the start of the year — possibly starting in July. The growing view on Wall Street is that inflation will need to get closer to the Fed’s 2 percent target before the central bank makes a move. Some are going even further: Larry Summers, the former Treasury secretary and a critic of the Fed’s handling of inflation, told Bloomberg that a rate increase can’t be ruled out.

Persons: Biden’s, Larry Summers Organizations: Fed, Biden U.S, Treasury, Bloomberg

Deal making runs into presidential politicsPresident Biden holds talks on Wednesday for Fumio Kishida, Japan’s prime minister, part of a state visit designed to show the U.S.’s commitment to a staunch ally. Despite the pomp and ceremony, the presidential election will loom over the meetings, with Biden’s opposition to Nippon Steel’s bid for U.S. Steel showing how the chase for votes is affecting deal making and economic policy. The summit will be just the fifth state visit of his administration, and reflects a different approach to that of his predecessor, Donald Trump. Both Biden and Trump have courted union workers, notably during the auto industry strike last year. Biden is the first sitting president to visit a picket line.

Persons: Biden, Fumio, Donald Trump, It’s, Trump Organizations: Nippon, U.S, Steel, Nippon Steel’s, Pennsylvania, Biden Locations: U.S, Japan, China, South Korea, India, Europe, Philadelphia, Pittsburgh

What next on inflation and rate cuts? The mood music on rate cuts has changed again. All eyes now are focused on the upcoming Consumer Price Index data for clues on when the Fed might finally start cutting interest rates. Economists on Tuesday are forecasting higher growth but also higher-for-longer inflation and rates. Traders are penciling in fewer than three cuts this year — lower than the Fed’s own projection — with the first coming not before July.

Persons: That’s

Jamie Dimon sees America at a ‘Pivotal Moment’Jamie Dimon’s annual letter to JPMorgan Chase shareholders has just been published. The economy is resilient but the government underpinning it is a red flag. Consumers are spending and investors expect a soft landing. But Dimon warns that the economy is being fueled by government spending and rising deficits. “These markets seem to be pricing in at a 70% to 80% chance of a soft landing — modest growth along with declining inflation and interest rates,” Dimon writes, adding that the odds are actually a lot lower.

Persons: Jamie Dimon, Jamie Dimon’s, Dimon, ”, ” Dimon Organizations: JPMorgan Chase Locations: America, Ukraine

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