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XTikTok Employee Asks Judge to Halt Trump's Ban on Popular Video App
Tami Abdollah was dot.LA's senior technology reporter. She was previously a national security and cybersecurity reporter for The Associated Press in Washington, D.C. She's been a reporter for the AP in Los Angeles, the Los Angeles Times and for L.A.'s NPR affiliate KPCC. Abdollah spent nearly a year in Iraq as a U.S. government contractor. A native Angeleno, she's traveled the world on $5 a day, taught trad climbing safety classes and is an avid mountaineer. Follow her on Twitter.
Attorneys representing a TikTok employee asked a federal judge late Thursday to hit pause on the viral video app's ban while his lawsuit against President Donald Trump is heard.
The motion stems from a federal lawsuit filed by U.S.-based TikTok technical program manager Patrick S. Ryan in the U.S. District Court of the Northern District of California last month, after Trump issued an executive order banning any "transactions" with the popular social media app over national security concerns.
"(Ryan) and other U.S. employees of TikTok are in imminent danger of losing their livelihood through governmental action that has no basis in fact, was politically driven, and afforded (Ryan) no procedural protections," the filing for the injunction states.
Trump's August 6 order put a 45-day clock on a ban of the popular social media app, owned by China-based ByteDance Ltd. The Administration has pushed for ByteDance to sell TikTok to a U.S.-based company over national security concerns that it is sharing data with the Communist government.
In his lawsuit, Ryan accuses Trump of violating his Constitutional rights and defaming and disgracing U.S.-based TikTok Inc. employees by painting them as working for the Chinese Communist Party. While Ryan's lawsuit was filed the same day as TikTok's own separate federal suit against the president, the Culver City-based company has yet to file a request for a preliminary injunction.
The executive order's ban on unspecified "transactions" technically prevents TikTok Inc. from paying its 1,500 U.S.-based employees their wages and salaries when it takes effect on Sept. 21, the lawsuit states. The U.S. Department of Commerce doesn't need to define the term transaction until the day the order takes effect, making it unclear if it will ultimately exempt wages and salaries for employees.
"The 1,500 TikTok employees working in the U.S. and their families will not be able to pay their rent or mortgages, or pay for food, medical treatments, and other essentials of life," Thursday's court filing states. "The executive order has offered no evidence that TikTok has breached national security interests, is capable of breaching national security interests or is about to breach national security interests."
Many of the 1,500 employees are new, as TikTok expanded from 300 employees a year ago to five times that number today. The order also jeopardizes the immigrant visas of employees in the U.S. on H1B visas that require an employer to sponsor them, the lawsuit alleges.
The lawsuit is believed to be the first time an employee has sued the president over an executive order, according to Alexander Urbelis, partner at Blackstone Law Group LLP, which filed the request for a preliminary injunction.
Thursday's filing argues that the executive order should be voided because it is speculative about the national security concerns and vague in such a way that it's impossible for anyone to know what can or cannot be done.
Trump's executive order states any effort to violate the order is prohibited and deemed a "conspiracy," but does not elaborate further.
"We don't know what kind of actions are actually prohibited," Urbelis said. The language "can have a chilling effect on people going to work and doing their jobs because it could arguably make doing someone's job and getting paid for it into a criminal conspiracy."
The penalties for such a violation are not trivial. A violator can be fined up to $1 million or up to 20 years in prison. The filing also raises equal protection concerns: That TikTok employees are being treated differently simply because they work for "what's perceived to be a Chinese company," Urbelis said.
Moreover, the filing argues that because the law's language is imprecise, its enforcement can be arbitrary or discriminatory.
"You can essentially pick and choose to whom the law will apply," Urbelis said. "You can say it applies to this party, but not that party, or people who work for a Chinese or Russian company. (But) the law has to apply equally to all persons, it should not be arbitrary."
Trump issued a second executive order on Aug. 14 giving ByteDance 90 days to divest itself of its U.S. TikTok operations. Trump has said he supports the potential acquisition of TikTok by Oracle, though ByteDance has reportedly been in talks with multiple interested suitors, including Microsoft and Walmart vying for the purchase. Amid those talks, TikTok CEO Kevin Mayer resigned last week.
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Tami Abdollah was dot.LA's senior technology reporter. She was previously a national security and cybersecurity reporter for The Associated Press in Washington, D.C. She's been a reporter for the AP in Los Angeles, the Los Angeles Times and for L.A.'s NPR affiliate KPCC. Abdollah spent nearly a year in Iraq as a U.S. government contractor. A native Angeleno, she's traveled the world on $5 a day, taught trad climbing safety classes and is an avid mountaineer. Follow her on Twitter.
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TikTok’s Latest Ad Strategy: Let Brands Crowdsource Creators
Kristin Snyder is an editorial intern for dot.la. She previously interned with Tiger Oak Media and led the arts section for UCLA's Daily Bruin.
TikTok’s newest advertising program will allow brands to crowdsource content from creators.
Branded Mission, which the Culver City-based video-sharing app announced Wednesday, is currently being beta-tested. The program lets brands release briefs containing specific creative directions—such as incorporating a specific hashtag, visual effect or audio—with the goal of procuring videos that will become promoted ads. Creators with at least 1,000 followers will be compensated with cash payments if the content performs well.
Creators participating in the “authentic branded content” program, as TikTok described it, can choose which brand initiatives they wish to participate in—with each Branded Mission “page” highlighting details like how much money a creator could potentially receive for participating. TikTok told Business Insider that it’s testing various payment models, including a first-come, first-serve model as well as “boosted traffic” compensation.
“Creators are at the center of creativity, culture and entertainment on TikTok,” the social media firm said in a statement. “With Branded Mission, we're excited to bring even more creators into the branded content ecosystem and explore ways to reward emerging and established creators.”
TikTok’s previous advertising strategies have relied on creators with large followings, with the recently announced TikTok Pulse targeting users with at least 100,000 followers. Branded Mission, on the other hand, gives creators with smaller platforms a chance to make more revenue beyond programs like TikTok’s Creator Fund.
Kristin Snyder is an editorial intern for dot.la. She previously interned with Tiger Oak Media and led the arts section for UCLA's Daily Bruin.
Greater Good Health Raises $10 Million To Fix America’s Doctor Shortage
Keerthi Vedantam is a bioscience reporter at dot.LA. She cut her teeth covering everything from cloud computing to 5G in San Francisco and Seattle. Before she covered tech, Keerthi reported on tribal lands and congressional policy in Washington, D.C. Connect with her on Twitter, Clubhouse (@keerthivedantam) or Signal at 408-470-0776.
The pandemic highlighted what’s been a growing trend for years: Medical students are prioritizing high-paying specialty fields over primary care, leading to a shortage of primary care doctors who take care of a patient’s day-to-day health concerns. These physicians are a cornerstone of preventative health care, which when addressed can lower health care costs for patients, insurers and the government. But there’s a massive shortage of doctors all over the country, and the pipeline for primary care physicians is even weaker.
One local startup is offering a possible answer to this supply squeeze: nurse practitioners.
On Wednesday, Manhattan Beach-based Greater Good Health unveiled $10 million in new funding led by LRVHealth, adding to $3 million in seed funding raised by the startup last year. The company employs nurse practitioners and pairs them with doctor’s offices and medical clinics; this allows nurse practitioners to take on patients who would otherwise have to wait weeks, or even months, to see a doctor.
“This access and equity issue is just going to become more pervasive if we don't do things to help people gain more access,” Greater Good founder and CEO Sylvia Hastanan told dot.LA. “We need more providers to offer more patients appointments and access to their time to take care of their needs. And in order to do that, we really need to think about the workforce.”
There has been a growing movement in the medical industry to use nurse practitioners in place of increasingly scarce primary care physicians. California passed a law in 2020 that will widen the scope of nurse practitioners and allow them to operate without a supervising physician by 2023. Amid a shortage of doctors, there’s also the question of what will become of the largest and longest-living elderly population in recent history, Baby Boomers. Public health officials are already scrambling for ways to take care of this aging demographic’s myriad health needs while also addressing the general population.
“By the time you and I get old enough where we need primary care providers to help us with our ailments and chronic conditions, there aren't [going to be] enough of them,” Hastanan said. “And/or there just isn't going to be enough support for those nurse practitioners to really thrive in that way. And I worry about what our system will look like.”
Nurse practitioners function much like doctors do—they can monitor vitals, diagnose patients, and, in some cases, prescribe medication (though usually under the supervision of a doctor). Nurse practitioners need to get either a master’s degree or higher in nursing and complete thousands of hours of work in a clinical setting. All told, it usually takes six-to-eight years to become a nurse practitioner, compared to 10-to-15 years to become a practicing physician.
Greater Good Health’s platform puts nurse practitioners in often years-long care settings where they manage patients—most of whom are chronically ill, high-risk patients that need to be seen regularly and thoroughly. This allows them to follow up more carefully on patients they have managed for years, instead of catching up on a new patient’s history and treating them in the moment. Patients, meanwhile, don’t have to see a rotating door of clinicians and can talk to a provider they already have an established rapport with.
The one-year-old startup will use the funding to provide learning and development opportunities for its nurse practitioners and also connect them with each other through virtual support groups. Burnout has been an issue across health care during the pandemic, spurring an exodus of nursing and support staff and leaving health care facilities woefully understaffed. Greater Good hopes that keeping nurse practitioners in more stable, years-long care situations and offering them career development opportunities will help retain them and keep them in the workforce longer.
“We want them to be well-rounded and balanced both in work and life, and we see that returns us healthier, more engaged and ready nurse practitioners,” Hastanan said.
Keerthi Vedantam is a bioscience reporter at dot.LA. She cut her teeth covering everything from cloud computing to 5G in San Francisco and Seattle. Before she covered tech, Keerthi reported on tribal lands and congressional policy in Washington, D.C. Connect with her on Twitter, Clubhouse (@keerthivedantam) or Signal at 408-470-0776.
Plus Capital Partner Amanda Groves on Celebrity Equity Investments
On this episode of the L.A. Venture podcast, Amanda Groves talks about how PLUS Capital advises celebrity investors and why more high-profile individuals are choosing to invest instead of endorse.
As a partner at PLUS, Groves works with over 70 artists and athletes, helping to guide their investment strategies. PLUS advises their talent roster to combine their financial capital with their social capital and focus on five investment areas: the future of work, future of education, health and wellness, the conscious consumer and sustainability.
“The idea is if we can leverage these people who have incredible audiences—and influence over that audience—in the world of venture capital, you'd be able to help make those businesses move forward faster,” Groves said.
PLUS works to create celebrity partnerships by identifying each client’s passions and finding companies that align with them, Groves said. From there, the venture firm can reach out to prospective partners from its many contacts and can help evaluate businesses that approach its clients. Recently, PLUS paired actress Nina Dobrev with the candy company SmartSweets after she had told them about her love for its snacks.
Celebrity entrepreneurship has shifted quite a bit in recent years, Groves said. While celebrities are paid for endorsements, Groves said investing allows them to gain equity from the growth of companies that benefit from their work.
“Like in movies, for example, where they're earning a residual along the way, they thought, ‘You know, if we're going to partner with these brands and create a tremendous amount of enterprise value, we should be able to capture some of the upside that we're generating, too’,” she said.
Partnering in this way also allows her clients to work with a wider range of brands, including small brands that often can’t afford to spend millions on endorsements. Investing allows high-profile individuals to represent brands they care about, Groves said.
“The last piece of the puzzle was a drive towards authenticity,” Groves said. “A lot of these high-profile artists and athletes are not interested, once they've achieved some sort of level of success, in partnering with brands that they don't personally align with.”
Hear the full episode by clicking on the playhead above, and listen to LA Venture on Apple Podcasts, Stitcher, Spotify or wherever you get your podcasts.
dot.LA Editorial Intern Kristin Snyder contributed to this post.