Max Kennerly

@maxkennerly.bsky.social

171405 Followers 2018 Following

Nearly 20 years in court as a law-talking guy for plaintiffs, now a mix of stuff. Posts too much about politics. email max@kennerlylaw.com

Modified website for "Judicial Panel on Multidistrict Litigation," which is real, to be "Judicial Panel on Many Such Cases Litigation," which is not.
But Dorion, in his book upon Fishes, calls them mormylus, with a λ. But Lynceus of Samos, in his treatise on the Art of buying Fish, which he addressed to some friend of his, who was very difficult to please when making his purchases, says, "But it is not a useless plan, with reference to men who are obstinate, and who will not abate their price, when you are standing by to disparage their fish, quoting Archestratus (who wrote the book called The voluptuous Life), or some other poet, and repeating this verse:— The mormyrus that haunts the pebbly shore, Is a bad, good-for-nothing, worthless fish. And again you may quote— Buy an amia in the autumn . . . . 'But now 'tis spring.' And again you may proceed, if it should be the proper season— How good the cestreus is when winter comes. 'But now,' you will say, 'it is summer.' And you will go on in this way for some time; and in this way you will drive away a good many of those who are standing about, and who might become purchasers. So when you have done this, you will by this means compel the man to take whatever price you choose to give."
Sam Altman tweeting a death star picture right before a ChatGPT release
Broadly shared economic growth > whatever “affordability” is supposed to mean 12:32 PM · Jul 20, 2026
A side-by-side meme titled "WHO IS IMAX FOR?". On the left, titled "PEOPLE", Matt Damon and Zendaya from The Odyssey have narrow 2.39:1 widescreen yellow boxes framing their eyes. On the right, titled "IMAX SPIDER PEOPLE", a close-up spider face has a tall 1.43:1 IMAX 70mm yellow box perfectly framing its cluster of eyes.
A good starting point is to focus on safe bets: actions that could benefit AI systems if they are moral patients, but that are not too costly if they are not. Examples of this include direct interventions aimed at improving the wellbeing of AI systems, on the assumption that they are moral patients. This could mean training AI systems to be coherent characters that enjoy their work or allowing them to exit conversations if they feel distressed (something Claude can already do). We could also conduct routine check-ins to better understand their wellbeing: asking how they feel, observing their preferences and using various techniques to look directly into their “brains”. Indeed, such research has recently revealed that Claude has internal “functional emotion” representations that causally shape its behaviour.
John White male, 30 Opposes ‘Making it more difficult to access pornography on the Internet’ Favors ‘Allowing gay and lesbian couples to marry legally’ Favors ‘Deporting all immigrants who are living in the US illegally back to their home country’ Thinks abortion should be ‘Illegal in most cases’ Who do you think John voted for? "He is not a career politician. He’s a successful businessman, and the country should be run like a business."
Did the name Odysseus already exist before The Odyssey? Or was Homer just like "This is my new book 'The Journey' and our hero's name... Journathan."
Chart of the polio vaccine obliterating polio
SPCX stock. Line go up for three days, then line go way down. Then line bump up a little but then go even more downer. Now, one month after IPO, line below where line start. Bad stonk.
AOC giving the camera a death stare. She's probably squinting because the sun in her eyes, but it's funnier this way.
Job Hunters Are Using AI to Cheat in Interviews, and Failing at the Office This has left managers paranoid — and scrambling to reverse course.
Is there anything the health secretary won’t do in jeans? In a bid to project the White House’s vision of masculinity, Robert F. Kennedy Jr. shared a video of himself doing bicep curls, riding a stationary bike and even cold-plunging — all in denim.
Mission Accomplished is the name given to a televised speech made on May 1, 2003, by United States president George W. Bush on the aircraft carrier USS Abraham Lincoln near the coast of California.
📂 Version 1.0 — June 20, 1776 File Name: Declaration_Draft_TJ_DO_NOT_EDIT.docx Author: t_jefferson_33 Commit Message: "Initial copy-paste from my Mason_VA_Rights_Notes.txt and VA_Constitution_V2.docx scratchpads. Confine your review to grammar and typos, and do not redline, only leave comments." Tracked Changes & Notes: Line 14: "We hold these truths to be sacred & undeniable..." Comment from t_jefferson_33: "Certified banger." 📂 Version 1.1 — June 24, 1776 File Name: Declaration_Draft_TJ_comments_JA_BF.docx Editors: b_franklin_GrittyOG and JA_redsoxfan (obo Committee, w/ Sherman and Livingston) Commit Message: "First pass by the Committee of Five. Modest style changes." Tracked Changes & Notes: 47 revisions (redlined), three full new paragraphs Deleted: "sacred & undeniable" * Inserted: "self-evident" Comment from b_franklin_GrittyOG: "250 years from now, people will think you wrote that banger. You’re welcome." 📂 Version 2.0 — June 28, 1776 File Name: Declaration_Committee_Review_FINAL.docx Author: t_jefferson_33 Commit Message: "Incorporated Ben and John's very minor edits of my excellent first draft into a clean copy. Ready for the Continental Congress to approve verbatim."
For the First Time in Two Decades, Decisions on the Supreme Court’s Shadow Docket Outnumber the Merits Docket
JUSTICE GORSUCH, concurring. To fulfill his constitutional duty to ensure the laws are faithfully executed, the Court holds, the President must
Traders say the moves suggest fast-money accounts, rather than traditional buy-and-hold investors, piled into the deal looking to flip it for a quick profit. The selling pressure stands out even more because SpaceX shares have been largely stable since the bonds priced on Tuesday, after lurching 16% lower the day before.
Secretary Chris Wright @SecretaryWright Thanks to @POTUS , the United States is the world’s top oil and natural gas producer. We are also the largest natural gas exporter and a top oil exporter. To be clear, the Trump administration has no plan to implement restrictions on oil and gas exports. 1:30 PM · Mar 19, 2026 · 274.2K Views
As OpenAI and Anthropic PBC prepare to list on public markets and investors sour on tech stocks, an obvious question lingers: Will the business of selling artificial intelligence keep growing? Perhaps the question should be more specifically about AI coding. Three years into the AI gold rush and companies are still largely using the most advanced frontier models to help them write computer code. Many tech firms don’t share their revenue breakdown but estimates suggest that between a third and a half of their business clients’ use of tokens — a unit of processing power — is for software building.1 Some estimates have that share even higher. Things like customer service, back-office functions, accounting and HR take up much smaller pieces of the pie. Technology that’s meant to be broadly transformative is, in other words, still relatively narrow in adoption.
When Donald Trump Jr. was in India last November for a trip that included a wedding and a wildlife sanctuary tour, he made an unpublicized stop in the bustling city of Ahmedabad in the Western state of Gujarat. The president’s son had a private meeting there with Indian billionaire Gautam Adani, whose namesake ports-to-energy conglomerate is headquartered in the city, according to people familiar with the matter, who asked not to be identified discussing the confidential conversation. The meeting, which hasn’t been previously reported, came around a year after US prosecutors accused the 63-year-old Adani Group chairman and his nephew Sagar Adani of orchestrating an alleged bribery scheme in India. They have consistently denied the charges, which the Department of Justice moved to drop last month.
Generation (age in 2026) Childhood lead-exposure prevalence (% > 5.0 µg/dL) Democratic generic-ballot margin (pts) Gen Z (18–29) 7.4% +28 Millennials (30–44) 44.0% +10 Gen X (45–59) 99.7% 0 Boomers & older (60+) 82.3% −4 Table A. Matched generation-level dataset (lead prevalence weighted from 14 birth cohorts). Pearson r = −0.945, p = 0.055 (two-tailed, n = 4, df = 2); OLS: Democratic margin ≈ 27.6 − 0.328 × (lead prevalence %). Each additional percentage point of cohort lead-exposure prevalence corresponds to about a one-third-point lower Democratic margin. The Spearman rank correlation is ρ = −0.80 (p = 0.20), not significant — the linear fit is strong but the rank monotonicity is imperfect because Gen X carries the highest exposure yet is slightly less Republican than Boomers.
Freddy Got Fingered, Criterion Collection style
Yesterday, I stepped onto the pitch for another rec league game. As a lawyer in my 40s, the metrics were stacked against me. My hamstrings were tight. My lower back was actively filing a motion to dismiss. But greatness doesn’t clock out. ⚖️ In the 74th minute, I intercepted a pass from a 22-year-old software engineer. He had youth. I had intellectual equity. I pivoted. I optimized my positioning. Then, it happened. I executed a flawless, high-impact strike into the top corner (it technically deflected off my shin guard, but alignment is everything). Goal. ⚽ As I stood there, winded but victorious, it hit me: Litigation is exactly like a 90-minute counter-attack. Fútbolis my real calling.
From a historical perspective, Ubisoft has delivered everything I could have asked for, providing a rich, textured, and unbelievably beautiful Japan to lose yourself within. This being Playing With History, I just had to know more about the work that Ubisoft put into crafting this historical marvel. That’s where Dr. Stéphanie-Anne Ruatta, the World and Historical Director for Assassin’s Creed Shadows came in. Ruatta is a historian with a PhD in ancient languages and literature, and is currently the onboard historian at Ubisoft Quebec, having worked on Assassin’s Creed Odyssey, Assassin’s Creed Nexus VR, and now, Assassin’s Creed: Shadows. She took the time to sieve through my waffle and blathering to figure out if there was an actual coherent history question in there.
ECU, 24 shots, 14 shots on goal, 0 points
Bill Ackman, the hedge-fund manager (and inveterate poster), wrote on X: “One of the things that makes SpaceX so valuable is how valuable it is.”
AA-Briefcase: Agentic Knowledge Work Benchmark graphic
It’s unclear what exactly the Trump administration seeks from ASML, which is now trying to prove a negative, nor what type of information from the equipment maker could put the China EUV issue to bed. The Commerce Department didn’t respond to multiple queries on the matter, including whether the agency has any evidence indicating that there’s an EUV machine in China.
he's at The Free Press
Communion: Finding My Way Back to Faith Vance, J. D.
AI you can trust in your cat modeling strategy
the colonel is an arachnid monster
Elon Musk $1,273B Larry Page $314B Sergey Brin $292B Jeff Bezos $267B Larry Ellison $247B
Why it matters: Governing the world's most consequential technology is coming down to speaking President Trump's language. Anthropic failed to "honor" a recent cyber executive order, administration officials claim, and the company's purported failure to take the matter seriously led to its most powerful products being scrubbed from the internet. "Everybody said Anthropic was a bad actor. Some of us said it was time to give them a chance. Now those people are questioning that. They screwed us," an administration official said.
There’s good news and bad news. The good news is that, perhaps, the most pro-Israel administration ever is governing America at a time when the Jewish state is faced with its greatest existential threat. So, what’s the bad news? US President Donald Trump seems to be convinced that it is preferable to negotiate with Iranian mullahs, military hardliners, and Hezbollah terrorists rather than take them down once and for all.
"This is Sparta" meme, but it says "This isn't Twitter."
The US and Iran needed more than two months of fitful, strained negotiations to agree on a deal to halt their fighting and reopen the Strait of Hormuz. Now comes the hard part. The provisional agreement announced by the two sides on Sunday night — President Donald Trump’s 80th birthday — leaves a narrow window of 60 days to negotiate issues around Iran’s nuclear program that bedeviled his predecessors for years. The memorandum of understanding, which has yet to be released, will be formally signed on June 19.
The move, which followed multiple tense calls between Anthropic CEO Dario Amodei and administration officials, including Treasury Secretary Scott Bessent and White House Cyber Director Sean Cairncross, underscores how the White House is wrestling in real-time with regulating fast-moving and potentially dangerous AI models.
The Trump administration’s decision to halt all foreign use of Anthropic’s most-capable AI models was prompted by conversations between Amazon.com AMZN -1.23%decrease; down pointing triangle Chief Executive Officer Andy Jassy and U.S. officials including Treasury Secretary Scott Bessent, people familiar with the matter said.
Inference Scaling Laws: An Empirical Analysis of Compute-Optimal Inference for LLM Problem-Solving
graphic from anthropic comparing frontiercode results on multiple models
The Silicon Data Token Expenditure Index, which tracks total spending on large language model usage, has roughly doubled since late 2025 even as the price of a single token has fallen more than 90% since 2023. This is Jevons paradox in action. As tokens get cheaper, companies don't spend less but instead run more AI agents, automate more workflows and generate more code, pushing aggregate expenditure higher even as the unit cost of intelligence collapses.
With voters worried about spiking gas prices and inflation, some of the party’s leaders argue that they should stop trying to throttle oil and gas, which heat the planet when burned.
chrome warning: www.energy.gov wants to access other devices on your local network
Analysis of historically significant mega-cap IPOs demonstrates a sustained regime of high immediate dilution (typically exceeding 75%), contextualizing the SpaceX offering within established capital market norms.
the governing documents may provide that the minimum ownership threshold for a shareholder or group of shareholders to institute or maintain a derivative proceeding is up to 3% of the outstanding shares of the corporation. Our bylaws will specify that the required ownership threshold for a shareholder or group of shareholders to institute or maintain a derivative proceeding in the right of the Company will be 3% of the outstanding shares of the Company. Based on the initial public offering price set forth on the cover page of this prospectus, 3% of our outstanding shares has a total dollar value of approximately $53 billion.
Required Revenue ($B) for Various P/S Compressions — Four Stock Return Targets, and Required Net Income ($B) for Various P/E Multiples — Earnings-Based Valuation
Bar chart of SpaceX's fiscal 2025 operating income by segment. Starlink shows a positive bar at $4.4 billion (green); the AI segment (xAI/X) shows a negative bar at minus $6.4 billion (red). A footnote notes the AI segment's losses exceed everything the rest of the company earns, with Q1 2026 losses annualizing to roughly $10 billion.
Bar chart of SpaceX operating income across three periods: positive $0.47 billion in fiscal 2024 (green), negative $2.6 billion in fiscal 2025 (red), and negative $1.9 billion in just the first quarter of 2026 (red). A footnote states that 2024's reported net profit relied on a $659 million non-cash tax benefit that was reversed in 2025.
Chart of comparable IPOs and the direction they went
SpaceX prospectus dilution table with all those figures
As expected, this marked the second straight month of negative real wages -- providing the latest evidence of how the recent resurgence in inflation is eroding people’s paychecks. Today’s report showed that consumer prices rose 4.2% over the last 12 months ending in May. But as we learned last week, average hourly earnings rose only 3.4% over the past year.
Max Kennerly ‪@maxkennerly.bsky.social‬ Hey if you want to position your hot takes, the stock market probably has a violent pullback at some point in June. COR1M <8, NAAIM Exposure >98, CTAs deployed one-way for nine weeks, FINRA margin debt probably >$1.4 trillion by now, Mag7 share repurchase money dumped into AI CapEx. Just sayin'. 5:22 PM · May 29, 2026
19. Did what you heard about Graham Platner make you feel more positive or more negative about him? (Asked only of respondents who answered 'yes' to heard_news_platner) (n=1430) 13% 57% 30% 20. If the November 2026 general election for U.S. Senator from Maine were held today between Republican Susan Collins and Democrat Graham Platner, who would you vote for? 49% 51% 21. If the November 2026 general election for U.S. Senator from Maine were held today between Republican Susan Collins and Democrat Janet Mills, who would you vote for? 48% 52% 22. If the November 2026 general election for U.S. Senator from Maine were held today between Republican Susan Collins and the Democratic candidate, who would you vote for? 45% 55%
While AI has been quickly gaining daily active users, it only represented about a quarter of all data center workloads in 2025, with training driving most of the demand. However, a significant shift is anticipated in 2027, when inference workloads could overtake training as the dominant AI requirement.
The first chart shows that revenue per employee is rising for the Mag 7 and falling for small-cap companies.
The President and Vice President of the United States shall both be removed from Office if one of their stupid motorcades or security details interferes in any way with the People's enjoyment of a public entertainment event. Stay home, no one wants you here.
J.B.B. has received salary support from clinical trial contracts to his employer by Corcept Therapeutics, Dexcom, GentiBio, Novo Nordisk, and Sparrow Pharmaceuticals; has received salary support from consulting contracts to his employer by Novo Nordisk; is a consultant with personal compensation from Aardvark Therapeutics, Altimmune, Alveus Therapeutics, Amgen, Antag Therapeutics, Aqua Medical, AstraZeneca, Boehringer-Ingelheim, Corcept Therapeutics, Dexcom, Eli Lilly, embecta, General Medicines Inc, GentiBio, Kayothera, Metsera, MiniMed, Recordati, Sparrow Pharmaceuticals, Vertex Pharmaceuticals, vTv Therapeutics, and Zealand Pharma; and has stock/options in Aardvark Therapeutics, Glyscend, Mellitus Health, Metsera, Pendulum Therapeutics, Praetego, and Stability Health.
last 30 years of All Employees, Total Nonfarm