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Elon Musk and SEC get another week to resolve dispute over Tesla production tweet

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Elon Musk and the Securities and Exchange Commission have received a one-week extension from US Judge Alison Nathan, giving them more time to settle an ongoing dispute over the Tesla CEO’s Twitter use. The extension came on the heels of a joint submission to the federal judge, who initially gave Musk and the SEC until April 18 to reach an agreement.

“While we have not reached an agreement, counsel for the SEC, Mr. Musk, and counsel for Tesla met and conferred for over an hour by telephone earlier this week and are continuing to discuss a potential resolution. Because our discussions are ongoing, we respectfully request to provide the Court with another joint submission on or before April 25, 2019, indicating whether we have reached an agreement in principle,” the request read.

Elon Musk and the SEC’s ongoing dispute was caused by a tweet posted on February 19 which noted that the electric car maker will produce around 500K electric cars this year, a figure that the CEO previously mentioned in the Q4 2018 earnings call. Musk eventually issued a follow-up tweet, stating that the 500k figure referred to an annualized production rate. The SEC promptly jumped on Musk’s tweet, asking a US court to hold the Tesla CEO in contempt over the alleged violation of his settlement with the agency, which required any social media posts with material information to be reviewed before they are uploaded.

Elon Musk and his legal team faced off with the SEC earlier this month, where both sides presented their case to the US judge. The SEC’s attorney, Cheryl Crumpton, argued that Musk had “recklessly tweeted out information that has no basis in fact.” The SEC lawyer also admonished Tesla for allegedly failing to control the conduct of its CEO. As punishment for his alleged violation, the SEC called on the court to give Musk an escalating series of fines. Crumpton also stated that Musk should be ordered to report monthly on his compliance with the terms of his settlement.

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Musk’s legal team, represented by veteran lawyer John Hueston, argued that the Tesla CEO did not violate the terms of his settlement because the February 19 tweet contained information that had been public since the company’s Q4 2018 earnings call. The lawyer added that under the terms of the settlement, Musk has the discretion to decide what is material information and what is not. Hueston also argued that the SEC should have attempted to settle its dispute with Musk before it asked the court to hold the CEO in contempt. “What the SEC should have done was approach in good faith and try to work things out,” he said.

After hearing the arguments from the SEC and Musk’s legal team, Judge Nathan ordered the two parties to “take a deep breath, put on your reasonableness pants” and work out a solution by April 18. If the parties are unable to resolve their conflicts on their own, Nathan noted that Musk’s legal team and the SEC will hear from her. Musk, for his part, noted in a statement after the hearing that he was “very impressed with Judge Nathan’s analysis.”

Simon is an experienced automotive reporter with a passion for electric cars and clean energy. Fascinated by the world envisioned by Elon Musk, he hopes to make it to Mars (at least as a tourist) someday. For stories or tips--or even to just say a simple hello--send a message to his email, simon@teslarati.com or his handle on X, @ResidentSponge.

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SpaceX Starship Flight 13 aborted at Zero and Musk just told us what broke

Four Raptor engines failed to ignite at T-zero, forcing SpaceX to scrub Starship Flight 13 Thursday.

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SpaceX scrubbed the Starship Flight 13 launch attempt Thursday evening at the last possible moment, after four of the Super Heavy booster’s 33 Raptor 3 engines failed to ignite during the startup sequence. The 90-minute window had opened at 6:45 p.m. EDT from Starbase in Boca Chica, Texas, and the countdown had proceeded without issue all day, with more than 11.5 million pounds of liquid methane and liquid oxygen being fully loaded into the rocket before the automated abort triggered. SpaceX’s launch directors posted on X, “Standing down from today’s flight test attempt,” and shut down the livestream shortly after.

Musk confirmed the root cause within hours. “Some of the engines didn’t start, triggering an automatic launch abort,” he wrote on X. “To be confident of a good flight, 2 Raptors will be removed and replaced. Most probable launch timing is early next week.” SpaceX engineers began draining propellant tanks immediately and Booster 20 was rolled back to its hangar for inspection.

SpaceX comes with a slew of changes for Starship Flight 13

 

The timing adds a layer of significance that did not exist during any of the previous 12 Starship flights. This is the first time SpaceX has attempted to launch Starship since the company made its stock market debut in June, listing under ticker SPCX at $135 per share. Public investors are now watching every Starship outcome in real time, and a last-second abort carries more visibility than it would have six months ago.

Flight 13 was designed to be one of the most consequential tests in the program’s history. It was set to carry 20 Starlink V3 satellites, the first operational payload Starship has ever attempted to deploy. Six of those satellites carried external cameras to photograph Starship’s heat shield from the outside during flight, which would act as a self-inspection approach SpaceX has never attempted before. The mission also needed to complete a Raptor engine relight in space, a step SpaceX skipped on Flight 12 in May after losing an engine during ascent. That Flight 12 booster also flipped 90 degrees off course during its boostback burn when five engines failed to reignite.

SpaceX has not announced an official next launch date. Musk’s “early next week” window points to July 21 or 22 at the earliest, pending the engine swap and a return to the pad.

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Lucid CEO dispels any rumors of bankruptcy: ‘So far from the facts’

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Credit: Lucid

Lucid CEO Silvio Napoli responded to rumors of an imminent bankruptcy that was reportedly being mulled after a report stated the automaker was working with the firm AlixPartners to iron out its next steps.

The company felt a massive loss on Wall Street yesterday, as the report essentially pushed the stock down as much as 55 percent on Tuesday.

The report, published initially by Eletric-Vehicles.com, claimed Lucid was essentially in dire straits and was told by AlixPartners, a commonly used restructuring advisor, to either take shares private or file for Chapter 11 bankruptcy protection.

Lucid denies rumors of bankruptcy after over 40% stock drop

Lucid’s head of Communications, Nick Twork, immediately challenged the report and stated the company “has sufficient liquidity to carry its operations well into next year.”

Now, the company’s CEO is chiming in as well, stating that the report is “so far from the facts that they require a direct response.”

Napoli said:

“Lucid is not considering bankruptcy or a transaction to take the company private. Those reports are false. The Board did not explore either scenario. Period.

As disclosed in our most recent quarterly filing, Lucid has sufficient liquidity to fund its operations well into next year.

We work with outside advisors to improve operational performance and execution. They are not advising Lucid on a take-private transaction or bankruptcy, and any suggestion that they have recommended either course of action to management or the Board is false.

My priority is clear: turn this company around. That is where the leadership team and I are focused.

I look forward to providing a full update during our quarterly earnings call on August 4th.”

It seems pretty clear that Lucid is confident things will be okay, and, to be honest, they should not have much to worry about, especially considering the company has been backed by the Saudi Public Investment Fund (PIF) for years. It has solid financial backing, and its sales, while weak, are pretty much right on par with a company of this age.

Lucid also sent a Cease & Desist letter to the publication for their report.

Lucid shares have rebounded nicely and are up nearly 21 percent at the time of publication. As soon as the company dispelled the rumors of bankruptcy yesterday, the stock began to climb back toward more reasonable levels.

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Lucid denies rumors of bankruptcy after over 40% stock drop

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Credit: Lucid

Electric vehicle maker Lucid Group has denied rumors of an imminent bankruptcy after a report from this morning sent the stock on a dramatic drop on Wall Street, seeing losses of more than 40 percent during trading hours.

Lucid’s Director of Communications, Nick Twork, responded to the report from Eletric-Vehicles.com, which stated the company’s restructuring advisor, AlixPartners, was asked to review two decisions: taking Lucid shares private or filing for Chapter 11 bankruptcy protection.

The report also claims AlixPartners told the Lucid board to “concentrate on Gravity production while improving its quality, and to temporarily hold back the Lucid Air, the sedan that has defined the company since its launch.”

Twork said:

Shares rebounded after the response to the report, halving its losses as the trading day neared 3 p.m. Eastern.

Lucid has struggled to get its sales off the ground and into more respectable numbers, but the company is in its early years, when things are hard to begin with. It is also backed by several notable investors, including the Saudi Public Investment Fund (PIF), which has nearly limitless money and likely would not ditch an investment of this size so soon.

Lucid shares were down just 14 percent at the time of publication, a far cry from the 55 percent its losses topped out at during the day.

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