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Elon Musk, Tesla board sued for alleged Tweeting violation of 2018 SEC settlement

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Elon Musk and Tesla’s board was sued by investor Chase Gharrity in a lawsuit that alleges the electric car company’s frontman and board of “Tweeting about specified information without the pre-approval of a mandated ‘Securities Counsel’ and Tesla’s Disclosure Committee.” Gharrity claims Musk has continued to violate the settlement that was announced in the closure of the 2018 SEC lawsuit against the CEO.

The complaint claims that Tesla’s allowance of Musk’s continuous Tweeting may “have severe ramifications on the company’s ability to secure financing.” Additionally, it claims that Tesla’s “Board has failed to take necessary action to ensure that Tesla has an independent General Counsel and to ensure that Musk does not improperly interfere with the General Counsel’s job of representing the best interests of Tesla, thus breaching its duty of loyalty.”

A 105-page complaint from the Court of Chancery of the State of Delaware was unsealed on Friday, with some details purposefully left out. It mentions several examples of where Gharrity claims Musk violated the settlement from the 2018 lawsuit with the SEC, which charged the Tesla CEO with “securities fraud for misleading tweets.”

One example is from May 1st, 2020, where Musk shared his opinion that “Tesla stock is too high IMO.” The suit claims that examples like this are “continuing breaches of fiduciary duty.”

The same tweet was brought to the attention of the Delaware court last year, where Judge Joseph Slights indicated that while the tweet was “troublesome on its face,” it was a legitimate observation as Tesla was in the midst of a legendary stock surge. Tesla shares exploded to gains of over 700% last year.

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The case was ultimately dismissed.

Musk’s lawsuit with the SEC was settled on September 29, 2018, where the agency required the CEO to step down as Tesla’s Chairman, appoint two new independent directors to its board, establish a new committee of independent directors to oversee Musk’s communications and pay a $40 million fine in total – $20 million from Musk and $20 million from Tesla. The funds were used to solve issues caused to “harmed investors under a court-approved process.”

The full complaint was unsealed on March 12, 2021, and is available below, courtesy of Bloomberg Law.

Gharrity Musk Lawsuit by Joey Klender on Scribd

Joey has been a journalist covering electric mobility at TESLARATI since August 2019. In his spare time, Joey is playing golf, watching MMA, or cheering on any of his favorite sports teams, including the Baltimore Ravens and Orioles, Miami Heat, Washington Capitals, and Penn State Nittany Lions. You can get in touch with joey at joey@teslarati.com. He is also on X @KlenderJoey. If you're looking for great Tesla accessories, check out shop.teslarati.com

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Autonomous vehicle red tape gets slashed by Trump Administration

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Credit: Zoox

The Trump Administration today made several key moves to help with the deployment of autonomous vehicles by cutting overreaching red tape that has stifled growth and innovation for years.

The moves, which were put forth by the National Highway Traffic Safety Administration (NHTSA), aim to grant temporary exemptions to at least one company currently, although that could expand in the coming months. Additionally, it will work with organizations to develop standards and a sound but efficient regulatory landscape.

Zoox is the only company mentioned explicitly by the Trump Administration in its press release announcing the new terms today. They will receive a temporary two-year exemption that will allow the commercial deployment of up to 2,500 vehicles annually for two years.

There is a potential exemption for Robomart, Inc., which “requests a temporary exemption from certain FMVSS No. 500 requirements for a low-speed vehicle operated by an ADS without a human driver onboard. NHTSA will publish a separate notice seeking public comment on its merits once the initial evaluation is complete,” the agency said.

Here are the five new terms that Secretary Sean Duffy has implemented through the NHTSA today:

  1. Allow Zoox to commercially deploy its robotaxis through a temporary exemption.
    This temporary exemption will allow the commercial deployment of up to 2,500 vehicles annually for two years, subject to an enhanced, adaptable oversight structure that can evolve as Zoox’s technology advances.
  2. Accelerate development of first-ever AV performance standards through a partnership with SAE Industry Technologies Consortia (ITC).
    This partnership will fund a three-year, $5 million “A2SCEND” consortium, bringing together experts to gather data and accelerate creation of the first-ever AV performance standards. This project will inform a single national standard for AV safety to eliminate the patchwork regulatory landscape that has stifled innovation for years.
  3. Publish an interim final rule that allows vehicles manufactured prior to an exemption to be eligible for a commercial deployment exemption.
    This rule will modernize the application process and improve access to exemptions for innovators, including AV developers, by granting the NHTSA Administrator the discretion to apply temporary exemptions to vehicles manufactured prior to the effective date of an exemption grant.
  4. Streamline the application process for Part 555 exemptions by updating guidance and soliciting feedback from the public.
    By updating the Part 555 exemption process—which allows automakers to temporarily sell a limited number of non-compliant vehicles, primarily to test new technologies—NHTSA is aiming to create a more flexible oversight structure for exemptions and summarize recent AV framework activities, including expanded exemption pathways, streamlined crash reporting, and ongoing efforts to modernize Federal Motor Vehicle Safety Standards (FMVSS).
  5. Establish a new Federal Docket for public feedback on NHTSA’s updated safe AV development and deployment guidance.
    NHTSA is updating its technical guidance for AVs for the first time since 2017—focusing on key safety areas like emergency responder interactions, safety management systems, remote assistance, and post-crash behavior to help the industry scale up driverless deployments safely.

Additionally, the NHTSA said it has modernized some safety standards by proposing updates to:

  • FMVSS 102 – Transmission shifting
  • FMVSS 103/104 – Windshield defrosting and wiping
  • FMVSS 110 – Tire placards
  • FMVSS 135 – Braking systems
  • FMVSS 101 – Controls and displays
  • FMVSS 108 – Vehicle lighting
  • FMVSS 111 – Mirrors and rearview display
  • FMVSS 126 – Electronic stability control systems
  • FMVSS 201/208 – Sun visors and warning labels

These changes aim to make the regulatory process for autonomous vehicles more streamlined and efficient, which could help the U.S. gain dominance over autonomous vehicle systems moving forward.

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Elon Musk has a crazy prediction about AI in two years

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Daniel Oberhaus, CC BY-SA 4.0 , via Wikimedia Commons

Elon Musk is, in many respects, one of the biggest and most influential figures in modern-day artificial intelligence.

Given that Tesla, SpaceX, and xAI are all looked at in their respective fields as leaders to an extent, each of them has a heavy influence on the future of AI, even though two of them are not thought of, at face value, as AI companies.

Musk has grand expectations for what is to come with AI, not only as a form of assistance to make human lives easier, but to make humans multiplanetary and solve some of the biggest issues that face us today. But even he is astounded by AI’s pace of progress.

He believes that in two years, AI will be so mind-blowing it might be unrecognizable.

This progress can be seen in a variety of ways, but perhaps the most popular way people have shown AI’s progress, especially on social media, is through an incredibly arbitrary way of watching Will Smith eat spaghetti:

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This is a great way to show people how AI is improving, especially from a perspective that examines how it can manufacture images and video from prompts. AI is an incredibly complex concept, however, and it goes much deeper than Will Smith eating Italian food.

Musk’s most widely adopted method of AI is likely Tesla Full Self-Driving, which impacts millions of people as they utilize it to increase safety with their travel. Musk has routinely pushed incredibly aggressive timelines for self-driving, especially unsupervised.

Perhaps this perspective is why he feels that things will be solved in a timeframe that is much more aggressive than most of us would think. Regardless, the progress of AI is moving fast, and it seems that Musk’s expectations for it could be high.

But if it can actually achieve full-length motion pictures and even more realistic production value, it will be hard to distinguish between reality and AI very soon.

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Tesla just built it 10 millionth car

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Credit: Tesla

Tesla just officially confirmed it has built its 10 millionth car, a major milestone for the company that started producing sustainable electric powertrains less than two decades ago.

In that time, Tesla has truly revolutionized the automotive industry, disrupting the idea of what a car should be, how it should be fueled, and how it truly impacts day-to-day life.

Tesla achieved this feat across four production facilities: the Fremont Factory in Fremont, California, Gigafactory Shanghai in China, Gigafactory Berlin in Germany, and Gigafactory Texas in Austin, Texas.

The 10 millionth vehicle was a Diamond Black Model Y.

Over the course of the past roughly 18 years, Tesla has evolved its lineup from a sporty sedan built on a Lotus body to a lineup of various body styles, performance metrics, and other characteristics that make each one unique.

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This is an incredible achievement for a company that is young compared to what it goes up against. When Tesla entered the automotive market, Ford, GM, and Stellantis widely dominated the playing field. Since then, Tesla has caused such a disruption that these three massive brands had to scramble to create EV projects of their own.

Despite their best efforts, they have not been able to match the prowess or the effectiveness of Tesla. They are all reliant on Tesla’s charging infrastructure, their software is inferior, and their self-driving projects are elementary in comparison.

Tesla felt its fair share of growing pains over the years as well. As recent at 2019, there were complaints about build quality, paint quality, and overall luxuriousness. These things have all been improved upon through the company’s maturity, and these strides in quality have led to this 10 million vehicle production achievement, something that other small-and-scrappy EV makers will hope to accomplish one day.

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