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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.”

The company said it believes the claims have no merit, and they intend to defend against them “vigorously.”

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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.

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.

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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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NVIDIA CEO Jensen Huang commends Tesla’s Elon Musk for early belief

“And when I announced DGX-1, nobody in the world wanted it. I had no purchase orders, not one. Nobody wanted to buy it. Nobody wanted to be part of it, except for Elon.”

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Credit: NVIDIA

NVIDIA CEO Jensen Huang appeared on the Joe Rogan Experience podcast on Wednesday and commended Tesla CEO Elon Musk for his early belief in what is now the most valuable company in the world.

Huang and Musk are widely regarded as two of the greatest tech entrepreneurs of the modern era, with the two working in conjunction as NVIDIA’s chips are present in Tesla vehicles, particularly utilized for self-driving technology and data collection.

Nvidia CEO Jensen Huang regrets not investing more in Elon Musk’s xAI

Both CEOs defied all odds and created companies from virtually nothing. Musk joined Tesla in the early 2000s before the company had even established any plans to build a vehicle. Jensen created NVIDIA in the booth of a Denny’s restaurant, which has been memorialized with a plaque.

On the JRE episode, Rogan asked about Jensen’s relationship with Elon, to which the NVIDIA CEO said that Musk was there when nobody else was:

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“I was lucky because I had known Elon Musk, and I helped him build the first computer for Model 3, the Model S, and when he wanted to start working on an autonomous vehicle. I helped him build the computer that went into the Model S AV system, his full self-driving system. We were basically the FSD computer version 1, and so we were already working together.

And when I announced DGX-1, nobody in the world wanted it. I had no purchase orders, not one. Nobody wanted to buy it. Nobody wanted to be part of it, except for Elon.

He goes ‘You know what, I have a company that could really use this.’ I said, Wow, my first customer. And he goes, it’s an AI company, and it’s a nonprofit and and we could really use one of these supercomputers. I boxed one up, I drove it up to San Francisco, and I delivered it to the Elon in 2016.”

The first DGX-1 AI supercomputer was delivered personally to Musk when he was with OpenAI, which provided crucial early compute power for AI research, accelerating breakthroughs in machine learning that underpin modern tools like ChatGPT.

Tesla’s Nvidia purchases could reach $4 billion this year: Musk

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The long-term alliance between NVIDIA and Tesla has driven over $2 trillion in the company’s market value since 2016.

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GM CEO Mary Barra says she told Biden to give Tesla and Musk EV credit

“He was crediting me, and I said, ‘Actually, I think a lot of that credit goes to Elon and Tesla…You know me, Andrew. I don’t want to take credit for things.”

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General Motors CEO Mary Barra said in a new interview on Wednesday that she told President Joe Biden to credit Tesla and its CEO, Elon Musk, for the widespread electric vehicle transition.

She said she told Biden this after the former President credited her and GM for leading EV efforts in the United States.

During an interview at the New York Times Dealbook Summit with Andrew Ross Sorkin, Barra said she told Biden that crediting her was essentially a mistake, and that Musk and Tesla should have been explicitly mentioned (via Business Insider):

“He was crediting me, and I said, ‘Actually, I think a lot of that credit goes to Elon and Tesla…You know me, Andrew. I don’t want to take credit for things.”

Back in 2021, President Biden visited GM’s “Factory Zero” plant in Detroit, which was the centerpiece of the company’s massive transition to EVs. The former President went on to discuss the EV industry, and claimed that GM and Barra were the true leaders who caused the change:

“In the auto industry, Detroit is leading the world in electric vehicles. You know how critical it is? Mary, I remember talking to you way back in January about the need for America to lead in electric vehicles. I can remember your dramatic announcement that by 2035, GM would be 100% electric. You changed the whole story, Mary. You did, Mary. You electrified the entire automotive industry. I’m serious. You led, and it matters.”

People were baffled by the President’s decision to highlight GM and Barra, and not Tesla and Musk, who truly started the transition to EVs. GM, Ford, and many other companies only followed in the footsteps of Tesla after it started to take market share from them.

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Elon Musk and Tesla try to save legacy automakers from Déjà vu

Musk would eventually go on to talk about Biden’s words later on:

They have so much power over the White House that they can exclude Tesla from an EV Summit. And, in case the first thing, in case that wasn’t enough, then you have President Biden with Mary Barra at a subsequent event, congratulating Mary for having led the EV revolution.”

In Q4 2021, which was shortly after Biden’s comments, Tesla delivered 300,000 EVs. GM delivered just 26.

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Tesla Full Self-Driving shows confident navigation in heavy snow

So far, from what we’ve seen, snow has not been a huge issue for the most recent Full Self-Driving release. It seems to be acting confidently and handling even snow-covered roads with relative ease.

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Credit: Grok

Tesla Full Self-Driving is getting its first taste of Winter weather for late 2025, as snow is starting to fall all across the United States.

The suite has been vastly improved after Tesla released v14 to many owners with capable hardware, and driving performance, along with overall behavior, has really been something to admire. This is by far the best version of FSD Tesla has ever released, and although there are a handful of regressions with each subsequent release, they are usually cleared up within a week or two.

Tesla is releasing a modified version of FSD v14 for Hardware 3 owners: here’s when

However, adverse weather conditions are something that Tesla will have to confront, as heavy rain, snow, and other interesting situations are bound to occur. In order for the vehicles to be fully autonomous, they will have to go through these scenarios safely and accurately.

One big issue I’ve had, especially in heavy rain, is that the camera vision might be obstructed, which will display messages that certain features’ performance might be degraded.

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So far, from what we’ve seen, snow has not been a huge issue for the most recent Full Self-Driving release. It seems to be acting confidently and handling even snow-covered roads with relative ease:

Moving into the winter months, it will be very interesting to see how FSD handles even more concerning conditions, especially with black ice, freezing rain and snow mix, and other things that happen during colder conditions.

We are excited to test it ourselves, but I am waiting for heavy snowfall to make it to Pennsylvania so I can truly push it to the limit.

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