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Lazaro Gamio / Axios

A Delaware judge today ruled that Benchmark Capital's fraud suit against former Uber CEO Travis Kalanick should be submitted to arbitration, rather than proceed in court. This is a win for Kalanick, although he would have preferred an outright dismissal.

Why it matters: The legal battle will now take place behind closed doors, which denies Benchmark the opportunity to make public information that it believes would deprive Kalanick of his remaining allies within Uber (plus lower his standing with incoming CEO Dara Khosrowshahi). Moreover, by rejecting Benchmark's request for a status quo order, the judge effectively permits Kalanick to remain on Uber's board of directors while the arbitration process plays out.

Kalanick spox: "Mr. Kalanick is pleased that the court has ruled in his favor today and remains confident that he will prevail in the arbitration process. Benchmark's false allegations are wholly without merit and have unnecessarily harmed Uber and its shareholders."

Benchmark spox: "We look forward to presenting the facts as the case proceeds. This case is fundamentally a question of integrity and values and the facts will fully support Benchmark's position."

Go deeper

Biden's Day 1 challenges: Systemic racism

Photo illustration: Sarah Grillo/Axios. Photo: Kirsty O'Connor (PA Images)/Getty Images

Advocates are pushing President-elect Biden to tackle systemic racism with a Day 1 agenda that includes ending the detention of migrant children and expanding DACA, announcing a Justice Department investigation of rogue police departments and returning some public lands to Indigenous tribes.

Why it matters: Biden has said the fight against systemic racism will be one of the top goals of his presidency — but the expectations may be so high that he won't be able to meet them.

Caitlin Owens, author of Vitals
2 hours ago - Health

Most Americans are still vulnerable to the coronavirus

Adapted from Bajema, et al., 2020, "Estimated SARS-CoV-2 Seroprevalence in the US as of September 2020"; Cartogram: Andrew Witherspoon/Axios

As of September, the vast majority of Americans did not have coronavirus antibodies, according to a new study published in JAMA Internal Medicine.

Why it matters: As the coronavirus spreads rapidly throughout most of the country, most people remain vulnerable to it.

Trump set to appear at Pennsylvania GOP hearing on voter fraud claims

President Trumpat the White House on Tuesday. Photo: Chip Somodevilla/Getty Images

President Trump is due to join his personal lawyer Rudy Giuliani in Gettysburg, Pennsylvania, Wednesday at a Republican-led state Senate Majority Policy Committee hearing to discuss alleged election irregularities.

Why it matters: This would be his first trip outside of the DMV since Election Day and comes shortly after GSA ascertained the results, formally signing off on a transition to President-elect Biden.