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Tesla shareholder sues company over 2018 SEC consent decree

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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.”

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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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I’d love to hear from you! If you have any comments, concerns, or questions, please email me at joey@teslarati.com. You can also reach me on Twitter @KlenderJoey, or if you have news tips, you can email us at tips@teslarati.com.

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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Tesla Supercharger left offline as Swedish court backs union strike

The completed Supercharger has been stalled for nearly two years amid Tesla’s conflict with the IF Metall union in Sweden.

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Credit: NicklasNilsso14/X

Tesla’s Supercharger station in Ljungby, Sweden will remain without power after a Swedish administrative court rejected the company’s appeal to force a grid connection to the site. The completed Supercharger has been stalled for nearly two years amid Tesla’s conflict with the IF Metall union in Sweden.

The court ruled that the ongoing union strike against Tesla Sweden is valid grounds for the Supercharger’s connection delay, as noted in an Allt Om Elbil report. 

The Ljungby Supercharger was one of the first charging stations that were denied grid access after IF Metall launched its strike against Tesla Sweden in late 2023. Electricians at local grid operator Ljungby Energinät were pulled into a sympathy strike by the Seko union, preventing the site’s connection.

Tesla reported both Ljungby Energinät and Gävle Energi Elnät AB to the Swedish Energy Market Inspectorate, arguing that grid operators failed to meet their legal obligation to provide connection to the location within a reasonable time frame.

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The regulator ruled that the strike represented a valid exception under Swedish law, however, citing constitutional protections for industrial actions.

Tesla responded by appealing to the Administrative Court in Linköping, claiming it had the right to connection within a reasonable period, generally no more than two years. Tesla Sweden also argued that the country’s Electricity Act conflicts with EU law. The court rejected those arguments.

“The Administrative Court today finds that granting the company’s request in practice applies to the same thing as the blockade and that it would mean that the blockade would be ineffective. 

“Such a decision would contradict the principle that labor market conflicts should be resolved to the greatest extent possible by the labor market parties, not by the state. The industrial action is also constitutionally protected,” Chief Councilor Ronny Idstrand stated.

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The court also concluded that the Electricity Act does not conflict with EU regulations and that special reasons justified the extended delay.

While the ruling was unanimous, Tesla Sweden may appeal the decision to a higher administrative court.

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Tesla China exports 50,644 vehicles in January, up sharply YoY

The figure also places Tesla China second among new energy vehicle exporters for the month, behind BYD.

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Credit: Tesla China

Tesla China exported 50,644 vehicles in January, as per data released by the China Passenger Car Association (CPCA).

This marks a notable increase both year-on-year and month-on-month for the American EV maker’s Giga Shanghai-built Model 3 and Model Y. The figure also places Tesla China second among new energy vehicle exporters for the month, behind BYD.

The CPCA’s national passenger car market analysis report indicated that total New Energy Vehicle exports reached 286,000 units in January, up 103.6% from a year earlier. Battery electric vehicles accounted for 65% of those exports.

Within that total, Tesla China shipped 50,644 vehicles overseas. By comparison, exports of Giga Shanghai-built Model 3 and Model Y units totaled 29,535 units in January last year and just 3,328 units in December. 

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This suggests that Tesla China’s January 2026 exports were roughly 1.7 times higher than the same month a year ago and more than 15 times higher than December’s level, as noted in a TechWeb report.

BYD still led the January 2026 export rankings with 96,859 new energy passenger vehicles shipped overseas, though it should be noted that the automaker operates at least nine major production facilities in China, far outnumering Tesla. Overall, BYD’s factories in China have a domestic production capacity for up to 5.82 million units annually as of 2024.

Tesla China followed in second place, ahead of Geely, Chery, Leapmotor, SAIC Motor, and SAIC-GM-Wuling, each of which exported significant volumes during the month. Overall, new energy vehicles accounted for nearly half of China’s total passenger vehicle exports in January, hinting at strong overseas demand for electric cars produced in the country.

China remains one of Tesla China’s most important markets. Despite mostly competing with just two vehicles, both of which are premium priced, Tesla China is still proving quite competitive in the domestic electric vehicle market.

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Tesla adds a new feature to Navigation in preparation for a new vehicle

After CEO Elon Musk announced earlier this week that the Semi’s mass production processes were scheduled for later this year, the company has been making various preparations as it nears manufacturing.

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Credit: Uber

Tesla has added a new feature to its Navigation and Supercharger Map in preparation for a new vehicle to hit the road: the Semi.

After CEO Elon Musk announced earlier this week that the Semi’s mass production processes were scheduled for later this year, the company has been making various preparations as it nears manufacturing.

Elon Musk confirms Tesla Semi will enter high-volume production this year

One of those changes has been the newly-released information regarding trim levels, as well as reports that Tesla has started to reach out to customers regarding pricing information for those trims.

Now, Tesla has made an additional bit of information available to the public in the form of locations of Megachargers, the infrastructure that will be responsible for charging the Semi and other all-electric Class 8 vehicles that hit the road.

Tesla made the announcement on the social media platform X:

Although it is a minor development, it is a major indication that Tesla is preparing for the Semi to head toward mass production, something the company has been hinting at for several years.

Nevertheless, this, along with the other information that was released this week, points toward a significant stride in Tesla’s progress in the Semi project.

Now that the company has also worked toward completion of the dedicated manufacturing plant in Sparks, Nevada, there are more signs than ever that the vehicle is finally ready to be built and delivered to customers outside of the pilot program that has been in operation for several years.

For now, the Megachargers are going to be situated on the West Coast, with a heavy emphasis on routes like I-5 and I-10. This strategy prioritizes major highways and logistics hubs where freight traffic is heaviest, ensuring coverage for both cross-country and regional hauls.

California and Texas are slated to have the most initially, with 17 and 19 sites, respectively. As the program continues to grow, Florida, Georgia, Illinois, Washington, New York, and Nevada will have Megacharger locations as well.

For now, the Megachargers are available in Lathrop, California, and Sparks, Nevada, both of which have ties to Tesla. The former is the location of the Megafactory, and Sparks is where both the Tesla Gigafactory and Semifactory are located.

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