News
Elon Musk’s Twitter trial delay request denied, but addition of whistleblower complaint gets approval
Elon Musk’s request to delay his trial against Twitter has been denied by a Delaware court. However, Musk’s request to include the claims put forth by whistleblower and former Twitter security chief Peiter “Mudge” Zatko in his countersuit against the social media company has also been approved.
The ruling was outlined by Chancellor Kathaleen McCormick in a letter. With this in mind, Elon Musk has gained a small win and a loss in his initial session with Twitter in court. Musk’s legal team had requested to push the trial back to mid-November, but with the rejection of the request, the trial is still expected to begin on October 17, 2022.
“Defendants’ motion to extend the case schedule is denied… In arguing that trial should be delayed by at least four weeks, Defendants contend that no external deadline creates any urgency. They observe that the merger agreement’s “termination date of October 24, 2022is automatically stayed if litigation is commenced, and debt financing has an outside date of April 25, 2023.”
“They adduce, therefore, that ‘any prejudice to Twitter can be easily mitigated by . . . continu[ing] the trial date.’ But the opposite is true. I previously rejected Defendants’ arguments in response to Twitter’s motion to expedite, making clear that the longer the delay until trial, the greater the risk of irreparable harm to Twitter. Indeed,Twitter has represented that the anticipated risk of harm has materialized over the course of this litigation.
“Twitter ‘has suffered increased employee attrition,’ which ‘undermin[es]the company’s ability to pursue its operations goals. The company has been forced for months to manage under the constrains of a repudiated merger agreement, including Defendants’ continued refusal to provide any consents for matters under the operating covenants. ‘I am convinced that even four weeks’ delay would risk further harm to Twitter too great to justify,” McCormick wrote.
But while Musk’s efforts to delay the trial were unsuccessful, the Tesla CEO’s efforts to augment his countersuit with former Twitter security chief Peiter Zatko’s whistleblower complaint were successful. Zatko had accused Twitter of fraud while also noting that the social media company did not really care to find out how many of its users were spam or fake accounts. Twitter, for its part, has been dismissive of Zatko’s whistleblower complaints.
Twitter lawyers, during their session in a Delaware Chancery court on Tuesday, claimed that Zatko’s accusations do not meet the legal standard to nullify its merger contract with Musk even if they were true. Twitter’s legal team also noted that while Zatko did raise security concerns during his tenure with the company, Twitter investigated the issues internally and found that the security chief’s concerns were “without merit.”
McCormick, however, does not seem to agree with Twitter’s legal team on the issue.
“Defendant’s motion to amend is granted… The newly published Whistleblower Complaint would be grounds in most instances to permit an amendment under the low bar of Rule 15(a). Twitter argues that the amendment would be futile, but their arguments falter against the exceedingly movant-friendly standard of Rule 15(a). I am reticent to say more concerning the merits of the counterclaims at this posture before they have been fully litigated. The world will have to wait for the post-trial decision.
“Twitter also argues that the amendment would be prejudicial to the extent it would expand discovery and extend the case schedule, and Twitter’s arguments to this effect are far more forceful than Twitter’s futility arguments. But that prejudice can be mitigated by cabining additional discovery to the new allegations and maintaining the existing case schedule. So that is what I will do,” McCormick wrote.
Chancellor Kathaleen McCormick’s letter can be viewed below.
Letter Decision Resolving Defendants' Motion for Leave to Amend and Extend Case Schedule (003) by Simon Alvarez on Scribd
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News
Tesla Full Self Driving (FSD) is nearing approval in a new country
As per the official, Tesla’s Full Self-Driving system could be enabled in Israel in the near future.
It appears that Tesla FSD (Supervised) is heading to a new country soon, at least based on comments from Israel’s Transport and Road Safety Minister Miri Regev.
As per the official, Tesla’s Full Self-Driving system could be enabled in Israel in the near future.
Israeli drivers are pushing for FSD rollout
While Tesla’s FSD is already operational in markets like the U.S., Canada, and Australia, Israeli owners have long been unable to use the feature due to regulatory barriers. Despite its premium price tag, however, numerous Tesla owners in Israel have noted that the technology’s safety benefits, at least when approved for real-world use in the country, justify its cost.
It was then no surprise that nearly 1,000 Tesla owners in Israel have already petitioned the government to greenlight FSD’s domestic release in Israel. In a post on X, Regev seemed to confirm that FSD is indeed coming to Israel. “I’ve received the many referrals from Tesla drivers in Israel! Tesla drivers? Soon you won’t need to hold the steering wheel,” she wrote in her post.
FSD’s regulatory support in Israel
Regev stated that her Ministry views promoting innovative technologies as essential to improving both road safety and smart mobility. A working group led by Moshe Ben-Zaken, Director General of the Ministry of Transportation has reportedly been tasked to finalize the approval process, coordinating with regulatory and safety agencies to ensure compliance with international standards.
In a comment to Geektime, Israel’s Ministry of Transportation and Road Safety noted that Regev is indeed supporting the release of FSD in the country. “Minister Regev sees great importance in promoting innovative technologies, and in particular in the entry of advanced driving systems (FSD) into the Israeli market, as part of the ministry’s policy to encourage innovation, safety, and smart transportation,” the Ministry stated.
Investor's Corner
Bank of America raises Tesla PT to $471, citing Robotaxi and Optimus potential
The firm also kept a Neutral rating on the electric vehicle maker, citing strong progress in autonomy and robotics.
Bank of America has raised its Tesla (NASDAQ:TSLA) price target by 38% to $471, up from $341 per share.
The firm also kept a Neutral rating on the electric vehicle maker, citing strong progress in autonomy and robotics.
Robotaxi and Optimus momentum
Bank of America analyst Federico Merendi noted that the firm’s price target increase reflects Tesla’s growing potential in its Robotaxi and Optimus programs, among other factors. BofA’s updated valuation is based on a sum-of-the-parts (SOTP) model extending through 2040, which shows the Robotaxi platform accounting for 45% of total value. The model also shows Tesla’s humanoid robot Optimus contributing 19%, and Full Self-Driving (FSD) and the Energy segment adding 17% and 6% respectively.
“Overall, we find that TSLA’s core automotive business represents around 12% of the total value while robotaxi is 45%, FSD is 17%, Energy Generation & Storage is around 6% and Optimus is 19%,” the Bank of America analyst noted.
Still a Neutral rating
Despite recognizing long-term potential in AI-driven verticals, Merendi’s team maintained a Neutral rating, suggesting that much of the optimism is already priced into Tesla’s valuation.
“Our PO revision is driven by a lower cost of equity capital, better Robotaxi progress, and a higher valuation for Optimus to account for the potential entrance into international markets,” the analyst stated.
Interestingly enough, Tesla’s core automotive business, which contributes the lion’s share of the company’s operations today, represents just 12% of total value in BofA’s model.
News
Tesla Model Y on FSD saves couple after encountering King of edge cases
Experts have noted that if confirmed, this could be the world’s first recorded meteorite collision involving a Tesla.
A South Australian Tesla driver is thanking his Model Y’s Full Self-Driving system after a mysterious object, possibly a meteorite, slammed into his car’s windshield while it had FSD engaged.
The impact sent hot glass fragments flying through the cabin as the vehicle continued driving without human input through the darkness. Experts have noted that if confirmed, this could be the world’s first recorded meteorite collision involving a Tesla.
The Tesla owner was enjoying a quiet drive home when they hit the king of edge cases
Veterinarian Dr. Andrew Melville-Smith and his wife were traveling north on Augusta Highway on the night of October 19 when a sudden blast struck their newly delivered Model Y. At the time, it was clear, pitch black night, and Dr. Melville-Smith and his wife were just listening to a podcast while FSD was operating the vehicle, as noted in a Yahoo News report.
Suddenly, something hit the Tesla’s windshield. “Then there was, (what) I can only describe as a very, very violent explosion. The whole inside of the car was literally blasted with glass fragments. It was full of white smoke, and it smelled like the car was on fire,” Dr. Melville-Smith stated.
The vet stated that he and his wife were stunned for a good 10 seconds, and for a bit, he and his wife thought they had crashed. Images of the crash’s aftermath showed a massive crack on the Tesla’s windshield, which Dr. Melville-Smith noted was hot to the touch. The object that hit the Tesla’s windshield was so hot that part of the vehicle’s windshield was partly melted.
FSD kept driving despite the possible meteorite strike
Thankfully, the Tesla was operating with its FSD (Supervised) system engaged at the time. Thus, despite the vehicle being hit by what might be a literal meteorite, and despite Dr. Melville-Smith and his wife being stunned because of the impact, their Tesla just kept driving steadily.
“I thought we’d had an accident, but then I looked at the screen and went ‘Oh, we’re still driving. We were moving around, so it obviously thought we were paying attention, and it was happy to keep driving to Port Augusta. After we pulled over, we saw the big crater in the windscreen,” the vet said.
The South Australian Museum is now examining the case, with geologist Dr. Kieran Meaney stating the scorched glass and heat damage do suggest a potential meteorite strike. “The little detail that’s really selling it for me at the moment is that whatever it was that hit the windscreen seems to have been very hot,” Meaney explained. However, the object has yet to be recovered.
Check out a video of the remarkable edge case below.
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