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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.

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.

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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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Cybertruck

Tesla reveals its Cybertruck light bar installation fix

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u/Kruzat, see page for license, via Wikimedia Commons

Tesla has revealed its Cybertruck light bar installation fix after a recall exposed a serious issue with the accessory.

Tesla and the National Highway Traffic Safety Administration (NHTSA) initiated a recall of 6,197 Cybertrucks back in October to resolve an issue with the Cybertruck light bar accessory. It was an issue with the adhesive that was provided by a Romanian company called Hella Romania S.R.L.

Tesla recalls 6,197 Cybertrucks for light bar adhesive issue

The issue was with the primer quality, as the recall report from the NHTSA had stated the light bar had “inadvertently attached to the windshield using the incorrect surface primer.”

Instead of trying to adhere the light bar to the Cybertruck with an adhesive, Tesla is now going to attach it with a bracketing system, which will physically mount it to the vehicle instead of relying on adhesive strips or glue.

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Tesla outlines this in its new Service Bulletin, labeled SB-25-90-001, (spotted by Not a Tesla App) where it shows the light bar will be remounted more securely:

The entire process will take a few hours, but it can be completed by the Mobile Service techs, so if you have a Cybertruck that needs a light bar adjustment, it can be done without taking the vehicle to the Service Center for repair.

However, the repair will only happen if there is no delamination or damage present; then Tesla could “retrofit the service-installed optional off-road light bar accessory with a positive mechanical attachment.”

The company said it would repair the light bar at no charge to customers. The light bar issue was one that did not result in any accidents or injuries, according to the NHTSA’s report.

This was the third recall on Cybertruck this year, as one was highlighted in March for exterior trim panels detaching during operation. Another had to do with front parking lights being too bright, which was fixed with an Over-the-Air update last month.

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Tesla is already expanding its Rental program aggressively

The program has already launched in a handful of locations, specifically, it has been confined to California for now. However, it does not seem like Tesla has any interest in keeping it restricted to the Golden State.

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Credit: Grok

Tesla is looking to expand its Rental Program aggressively, just weeks after the program was first spotted on its Careers website.

Earlier this month, we reported on Tesla’s intention to launch a crazy new Rental program with cheap daily rates, which would give people in various locations the opportunity to borrow a vehicle in the company’s lineup with some outrageous perks.

Along with the cheap rates that start at about $60 per day, Tesla also provides free Full Self-Driving operation and free Supercharging for the duration of the rental. There are also no limits on mileage or charging, but the terms do not allow the renter to leave the state from which they are renting.

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The program has already launched in a handful of locations, specifically, it has been confined to California for now. However, it does not seem like Tesla has any interest in keeping it restricted to the Golden State.

Job postings from Tesla now show it is planning to launch the Rental program in at least three new states: Texas, Tennessee, and Massachusetts.

The jobs specifically are listed as a Rental Readiness Specialist, which lists the following job description:

“The Tesla Rental Program is looking for a Rental Readiness Specialist to work on one of the most progressive vehicle brands in the world. The Rental Readiness Specialist is a key contributor to the Tesla experience by coordinating the receipt of incoming new and used vehicle inventory. This position is responsible for fleet/lot management, movement of vehicles, vehicle readiness, rental invoicing, and customer hand-off. Candidates must have a high level of accountability, and personal satisfaction in doing a great job.”

It also says that those who take the position will have to charge and clean the cars, work with clients on scheduling pickups and drop-offs, and prepare the paperwork necessary to initiate the rental.

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The establishment of a Rental program is big for Tesla because it not only gives people the opportunity to experience the vehicles, but it is also a new way to rent a car.

Just as the Tesla purchasing process is more streamlined and more efficient than the traditional car-buying experience, it seems this could be less painful and a new way to borrow a car for a trip instead of using your own.

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Elon Musk

Elon Musk’s xAI gains first access to Saudi supercluster with 600k Nvidia GPUs

The facility will deploy roughly 600,000 Nvidia GPUs, making it one of the world’s most notable superclusters.

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A Saudi-backed developer is moving forward with one of the world’s largest AI data centers, and Elon Musk’s xAI will be its first customer. The project, unveiled at the U.S.–Saudi Investment Forum in Washington, D.C., is being built by Humain, a company supported by Saudi Arabia’s Public Investment Fund. 

The facility will deploy roughly 600,000 Nvidia GPUs, making it one of the world’s most notable superclusters.

xAI secures priority access

Nvidia CEO Jensen Huang stated that the planned data center marks a major leap not just for the region but for the global AI ecosystem as a whole. Huang joked about the sheer capacity of the build, emphasizing how unusual it is for a startup to receive infrastructure of such magnitude. The facility is designed to deliver 500 megawatts of Nvidia GPU power, placing it among the world’s largest AI-focused installations, as noted in a Benzinga report.

“We worked together to get this company started and off the ground and just got an incredible customer with Elon. Could you imagine a startup company, approximately $0 billion in revenues, now going to build a data center for Elon? 500 megawatts is gigantic. This company is off the charts right away,” Huang said.

Global Chipmakers Join Multi-Vendor Buildout To Enhance Compute Diversity

While Nvidia GPUs serve as the backbone of the first phase, Humain is preparing a diversified hardware stack. AMD will supply its Instinct MI450 accelerators, which could draw up to 1 gigawatt of power by 2030 as deployments ramp. Qualcomm will also contribute AI200 and AI250 data center processors, accounting for an additional 200 megawatts of compute capacity. Cisco will support the networking and infrastructure layer, helping knit the multi-chip architecture together.

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Apart from confirming that xAI will be the upcoming supercluster’s first customer, Musk also joked about the rapid scaling needed to train increasingly large AI models. He joked that a theoretical expansion one thousand times larger of the upcoming supercluster “would be 8 bazillion, trillion dollars,” highlighting the playful exaggeration he often brings to discussions around extreme compute demand.

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