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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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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 Model S and X customization options begin to thin as their closure nears

Tesla’s Online Design Studio for both vehicles now shows the first color option to be listed as “Sold Out,” as Lunar Silver is officially no longer available for the Model S or Model X. This color is exclusive to these cars and not available on the Model S or Model X.

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Credit: Tesla

Tesla Model S and Model X customization options are beginning to thin for the first time as the closure of the two “sentimental” vehicles nears.

We are officially seeing the first options disappear as Tesla begins to work toward ending production of the two cars and the options that are available to those vehicles specifically.

Tesla’s Online Design Studio for both vehicles now shows the first color option to be listed as “Sold Out,” as Lunar Silver is officially no longer available for the Model S or Model X. This color is exclusive to these cars and not available on the Model S or Model X.

Tesla is making way for the Optimus humanoid robot project at the Fremont Factory, where the Model S and Model X are produced. The two cars are low-volume models and do not contribute more than a few percent to Tesla’s yearly delivery figures.

With CEO Elon Musk confirming that the Model S and Model X would officially be phased out at the end of the quarter, some of the options are being thinned out.

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This is an expected move considering Tesla’s plans for the two vehicles, as it will make for an easier process of transitioning that portion of the Fremont plant to cater to Optimus manufacturing. Additionally, this is likely one of the least popular colors, and Tesla is choosing to only keep around what it is seeing routine demand for.

During the Q4 Earnings Call in January, Musk confirmed the end of the Model S and Model X:

“It is time to bring the Model S and Model X programs to an end with an honorable discharge. It is time to bring the S/X programs to an end. It’s part of our overall shift to an autonomous future.”

Fremont will now build one million Optimus units per year as production is ramped.

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Tesla Cybertruck Dual Motor AWD estimated delivery slips to early fall 2026

Tesla has also added a note on the Cybertruck design page stating that the vehicle’s price will increase after February 28.

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Credit: Grok Imagine

Tesla’s estimated delivery window for new Cybertruck Dual Motor All-Wheel Drive (AWD) orders in the United States has shifted to September–October 2026. This suggests that the vehicle’s sub-$60,000 variant is now effectively sold out until then.

The updated timeline was highlighted in a post on X by Tesla watcher Sawyer Merritt, who noted that the estimated delivery window had moved from June 2026 to September-October 2026, “presumably due to strong demand.”

The Dual Motor AWD currently starts at $59,990 before incentives. Tesla has also added a note on the Cybertruck design page stating that the vehicle’s price will increase after February 28.

If demand remains steady, the combination of a later delivery window and a pending price increase suggests Tesla is seeing sustained interest in the newly-introduced Cybertruck configuration. This was highlighted by Elon Musk on X, when he noted that the Cybertruck Dual Motor AWD’s introductory price will only be available for a limited time.

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When the Cybertruck was first unveiled in November 2019, Tesla listed the Dual Motor AWD variant at $49,990. Adjusted for inflation, that figure equates to roughly $63,000 in 2026 dollars, based on cumulative U.S. inflation since 2019.

That context makes a potential post-February price in the $64,000 to $65,000 range less surprising, especially as material, labor, and manufacturing costs have shifted significantly over the past several years.

While Tesla has not announced a specific new MSRP, the updated delivery timeline and pricing note together suggest that the Cybertruck Dual Motor AWD could very well be the variant that takes the all-electric full-sized pickup truck to more widespread adoption.

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SpaceX targets 150Mbps per user for upgraded Starlink Direct-to-Cell

If achieved, the 150Mbps goal would represent a significant jump from the current performance of Starlink Direct-to-Cell.

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Credit: SpaceX/X

SpaceX is targeting peak download speeds of 150Mbps per user for its next-generation Direct-to-Cell Starlink service. The update was shared by SpaceX Spectrum & Regulatory Affairs Lead Udrivolf Pica during the International Telecommunication Union’s Space Connect conference.

“We are aiming at peak speeds of 150Mbps per user,” Pica said during the conference. “So something incredible if you think about the link budgets from space to the mobile phone.”

If achieved, the 150Mbps goal would represent a significant jump from the current performance of Starlink Direct-to-Cell.

Today, SpaceX’s cellular Starlink service, offered in partnership with T-Mobile under the T-Satellite brand, provides speeds of roughly 4Mbps per user. The service is designed primarily for texts, low-resolution video calls, and select apps in locations that traditionally have no cellular service.

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By comparison, Ookla data shows median 5G download speeds of approximately 309Mbps for T-Mobile and 172Mbps for AT&T in the United States, as noted in a PCMag report. While 150Mbps would still trail the fastest terrestrial 5G networks, it would place satellite-to-phone broadband much closer to conventional carrier performance, even in remote areas. 

Pica indicated that the upgraded system would support “video, voice, and data services, clearly,” moving beyond emergency connectivity and basic messaging use cases.

To reach that target, SpaceX plans to upgrade its existing Starlink Direct-to-Cell satellites and add significant new capacity. The company recently acquired access to radio spectrum from EchoStar, which Pica described as key to expanding throughput. 

“More spectrum means a bigger pipeline, and this means that we can expand what we can do with partners. We can expand the quality of service. And again, we can do cellular broadband basically, cellular broadband use cases, like AI or daily connectivity needs,” he stated.

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SpaceX has also requested regulatory approval to deploy 15,000 additional Direct-to-Cell satellites, beyond the roughly 650 currently supporting the system. The upgraded architecture is expected to begin rolling out in late 2027.

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