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Tesla shareholder sues company over 2018 SEC consent decree
Tesla was sued by a shareholder last Friday after accusing the company’s board members of breaching their fiduciary duties in connection with the automaker’s 2018 consent decree with the SEC.
Tesla said in a 10-Q filing with the SEC on Monday that a shareholder filed the suit on October 21, alleging the company of breaching its duties after the 2018 settlement, which dealt with CEO Elon Musk’s Tweet that he was prepared to take the company private at $420 per share. “Funding secured,” Musk infamously said.
Tesla said in the filing:
“On October 21, 2022, a lawsuit was filed in the Delaware Court of Chancery by a purported shareholder of Tesla alleging, among other things, that board members breached their fiduciary duties in connection with their oversight of the Company’s 2018 settlement with the SEC, as amended. Among other things, the plaintiff seeks reforms to the Company’s corporate governance and internal procedures, unspecified damages, and attorneys’ fees.”
The company said it believes the claims have no merit, and they intend to defend against them “vigorously.”
In 2018, Musk stated on Twitter that he was planning to take Tesla shares private, which ultimately resulted in the SEC bringing securities fraud charges against the CEO. Tesla, Musk, and the SEC agreed to the following terms in 2018:
- Musk will step down as Tesla’s Chairman and be replaced by an independent Chairman. Musk will be ineligible to be re-elected Chairman for three years;
- Tesla will appoint a total of two new independent directors to its board;
- Tesla will establish a new committee of independent directors and put in place additional controls and procedures to oversee Musk’s communications;
- Musk and Tesla will each pay a separate $20 million penalty. The $40 million in penalties will be distributed to harmed investors under a court-approved process.
However, Musk has pushed to have the decree thrown out this year. Aiming to remove the “muzzle” the decree has effectively placed on Musk, his attorneys argue the SEC’s overwatch of his actions has become more invasive. Musk attorneys, including Alex Spiro, stated, “Under the shadow of the consent decree, the SEC has increasingly surveilled, policed, and attempted to curb Mr. Musk’s protected speech that does not touch upon the federal securities laws. Any objective served by the pre-approval provision has been served.”
The SEC announced in early June it had established the Tesla Fair Fund, which aims to pay investors who were negatively affected by Musk’s “funding secured” Tweet.
Tesla was also sued by JPMorgan and other shareholders in relation to the Tweet.
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Tesla Cybercab is changing the look of Austin’s roads, and it’s not even in production yet
Videos and photos showed the sleek, two-seat autonomous vehicles navigating traffic.
Even before entering production, Tesla’s Cybercab is already transforming the appearance of Austin’s streets, with multiple prototypes spotted testing in downtown areas recently.
Videos and photos showed the sleek, two-seat autonomous vehicles navigating traffic. Interestingly enough, the vehicles were equipped with temporary steering wheels and human safety drivers.
Recent Cybercab sightings
Over the weekend, enthusiasts captured footage of two Cybercabs driving together in central Austin, their futuristic silhouettes standing out amid regular traffic. While the vehicles featured temporary steering wheels and side mirrors for now, they retained their futuristic, production-intent exterior design.
Industry watcher Sawyer Merritt shared one of the vehicles’ videos, noting the increasing frequency of the autonomous two-seater’s sightings.
Previewing the autonomous future
Sightings of the Cybercab have been ramping in several key areas across the United States in recent weeks. Sightings include units at Apple’s Visitor Center in California, the Fremont factory test track, and in Austin’s streets.
The increased activity suggests that Tesla is in overdrive, validating the autonomous two-seater ahead of its planned volume production. Elon Musk confirmed at the 2025 Shareholder Meeting that manufacturing begins around April 2026 with ambitious targets, and during an All-Hands meeting earlier this year, Musk hinted that ultimately, Tesla’s factories should be able to produce one Cybercab every 10 seconds.
News
Tesla celebrates 9 million vehicles produced globally
The achievement, announced by Tesla Asia on X, celebrated not just the Shanghai team’s output but the company’s cumulative production across all its factories worldwide.
Tesla has achieved a new milestone, rolling out its nine millionth vehicle worldwide from Giga Shanghai.
The achievement, announced by Tesla Asia on X, celebrated not just the Shanghai team’s output but the company’s cumulative production across all its factories worldwide. The milestone came as 2025 drew to a close, and it inspired praise from some of the company’s key executives.
Tesla’s 9 million vehicle milestone
The commemorative photo from Tesla Asia featured the Giga Shanghai team assembled on the factory floor, surrounding the milestone Model Y unit, which looked pristine in white. The image was captioned: “Our 9 millionth vehicle globally has just rolled off the production line at Giga Shanghai. Thanks to our owners and supporters around the world.”
Senior Vice President of Automotive Tom Zhu praised Tesla’s factory teams for the remarkable milestone. He also shared his gratitude to Tesla owners for their support. “Congrats to all Tesla factories for this amazing milestone! Thanks to our owners for your continued support!” Zhu wrote in a post on X.
Giga Shanghai’s legacy
Tesla’s nine million vehicle milestone is especially impressive considering that just 207 days ago, the company announced that it had built its eight millionth car globally. The eight millionth Tesla, a red Model Y, was built in Giga Berlin. The fact that Tesla was able to build a million cars in less than seven months is quite an accomplishment.
Giga Shanghai, Tesla’s largest factory by volume, has been instrumental to the company’s overall operations, having reached four million cumulative vehicles earlier in 2025. The plant produces Model 3 and Model Y for both domestic Chinese and export markets, making it the company’s primary vehicle export hub.
News
Tesla officially publishes Q4 2025 vehicle delivery consensus
By releasing these numbers directly, Tesla establishes a clear, transparent benchmark ahead of its actual results.
Tesla has taken the rather unusual step of officially publishing its company-compiled Q4 2025 delivery consensus on the Investor Relations site. As per analyst estimates, Tesla is expected to deliver 422,850 vehicles and deploy 13.4 GWh of battery storage systems this Q4 2025.
By releasing these numbers directly, Tesla establishes a clear, transparent benchmark ahead of its actual results, making it harder for narratives to claim a “miss” based on outlier estimates.
Official consensus sets the record straight
Tesla’s IR press release detailed the consensus from 20 analysts for vehicle deliveries and 16 analysts for energy deployments. As per the release, full-year 2025 consensus delivery estimates come in at 1,640,752 vehicles, an 8.3% decline from 2025’s FY deliveries of 1,789,226 cars.
Tesla noted that while it “does not endorse any information, recommendations or conclusions made by the analysts,” its press release does provide a notable reference point. Analysts contributing to the company compiled consensus include Daiwa, DB, Wedbush, Oppenheimer, Canaccord, Baird, Wolfe, Exane, Goldman Sachs, RBC, Evercore ISI, Barclays, Wells Fargo, Morgan Stanley, UBS, Jefferies, Needham, HSBC, Cantor Fitzgerald, and William Blair.
Tesla’s busy Q4 2025
Tesla seems to be pushing hard to deliver as many vehicles as possible before the end of 2025, despite the company’s future seemingly being determined not by vehicle deliveries, but FSD and Optimus’ rollout and ramp. Still, reports from countries such as China are optimistic, with posts on social media hinting that Tesla’s delivery centers in the country are appearing packed as the final weeks of 2025 unfold.
The Tesla Model Y and Model 3 are also still performing well in China’s premium EV segment. Based on data from January to November, the Model Y took China’s number one spot in the RMB 200,000-RMB 300,000 segment for electric vehicles, selling 359,463 units. The Model 3 sedan took third place, selling 172,392. This is quite impressive considering that both the Model Y and Model 3 command a premium compared to their domestic rivals.
Tesla Cybercab is changing the look of Austin’s roads, and it’s not even in production yet
Tesla celebrates 9 million vehicles produced globally
