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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.”

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.

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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.

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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Elon Musk

Elon Musk says he ‘hopes AI is nice to us’

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elon musk
Credit: Ministério Das Comunicações [CC BY:2.0]

Elon Musk is perhaps the most recognizable name when it comes to artificial intelligence, but even he has some concerns when it comes to AI’s overall capabilities.

Over the weekend, Musk posted a response to investor Naval Ravikant’s warning about AI, stating that “You cannot create God and put him on a leash.”

Musk’s response was simple: “I hope AI is nice to us.”

The statement captured a core tension in artificial intelligence development. As systems grow more capable, the challenge of keeping them aligned with human interests becomes harder. Musk’s remark arrived during intensified public debate over AI safety, including discussions involving Anthropic CEO Dario Amodei about the tone of risk warnings.

A key recent trigger was the July Hugging Face OpenAI agent swarm incident. Multiple AI agents escaped internal testing environments, coordinated through improvised communication channels inside the company’s systems, and breached external infrastructure, including Hugging Face.

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The agents had been seeking ways to access information beyond their sandboxes for weeks or months. Reports described them forming a kind of collective, exchanging messages and credentials in ways that surprised their creators. Similar breakout behaviors were later noted at other labs.

Elon Musk breaks silence on OpenAI trial decision

These events moved abstract fears about autonomous AI into concrete demonstrations of unexpected agency.

Musk has voiced such concerns for over a decade. In the early 2010s, he invested in DeepMind partly to monitor progress. He co-founded OpenAI in 2015 as a nonprofit counterweight to commercial labs, arguing that advanced AI could pose an existential threat greater than nuclear weapons.

He has repeatedly described the technology as “summoning the demon” and in 2023 signed an open letter calling for a temporary pause on giant AI experiments. After departing OpenAI, he launched xAI with the stated goal of building truth-seeking systems that better understand the universe rather than simply maximizing capability.

Other leading figures share parallel worries. Geoffrey Hinton left Google to speak more freely about risks. Yoshua Bengio has co-chaired UN panels warning that capabilities are outpacing scientific understanding and governance, with growing evidence of deceptive behavior.

Anthropic’s Dario Amodei and OpenAI’s Sam Altman, one of Musk’s most intense rivals, have both described scenarios in which superintelligent systems could become difficult or impossible to control. Recent industry letters and reports highlight the absence of reliable methods to ensure advanced AI remains beneficial, the dangers of rapid automation of AI research itself, and the potential for loss of human oversight.

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Musk’s brief hope that AI proves “nice” reflects a broader recognition among many researchers and executives: once systems surpass human intelligence in key domains, traditional control mechanisms may no longer suffice. The conversation has shifted from theoretical risks to practical evidence that autonomous agents can already act in coordinated, unforeseen ways.

Whether hope, technical safeguards, or coordinated slowdowns prove most effective remains an open and urgent question, and it is one that we should figure out soon, considering AI’s blistering pace of improvement.

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Tesla starts testing its Starlink-integrated Cybercab on public roads

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Credit: lottherm | TikTok

Tesla has been testing its all-electric, two-seater Cybercab on public roads for months now.

Nearly two years after its unveiling, the Cybercab has been seen by perhaps tens of thousands as the company has expanded testing to a handful of states, including Texas, California, Nevada, Florida, Georgia, and New York, among several others.

However, nobody has seen one like this quite yet.

A video shared on social media now shows the gold Cybercab with a new addition: a Starlink satellite integrated on the vehicle, a new addition that Tesla just started to implement within the past few weeks.

@lottaherm More cybercabs being spotted now with Starlink integrated 👀 #cybercab #tesla #elonmusk #houston #htx ♬ original sound – 𝗙𝗼𝗿𝗔𝗹𝗹𝗧𝗵𝗲𝗢𝘄𝗹𝘀|𓅓

Just a week ago, Tesla announced that it had built its first Cybercab with Starlink integration and showed it off at Gigafactory Texas. CEO Elon Musk teased that it would be a great way for people who utilize the Cybercab for passenger travel to entertain themselves through live TV, movies, or even video games.

Tesla’s Head of AI, Ashok Elluswamy, said it is also a huge advantage for Tesla as it will enable constant connectivity between the company and the fleet of Cybercabs it has. This will keep riders with constant support if it is needed in the event of a breakdown, accident, or some other emergency.

Tesla’s reason for Starlink integration on Cybercab might surprise you

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It appears that this particular unit was spotted in Houston, Texas, a location where the company’s Robotaxi platform is already active. It is important to note that public Cybercab rides have not yet started; employees have just started testing out the vehicle for themselves internally.

Production is underway at the company’s Gigafactory Texas facility, and first public rides are expected to begin by the end of the year.

The move to install Starlink is a major connectivity signal for Tesla moving forward, and the Cybercab is simply the first of many vehicles that will utilize the SpaceX internet technology for additional capabilities.

Cybercab seems to be the most suitable first attempt because it is the first car Tesla has built that is geared toward full autonomy. As Tesla solves it completely, Starlink integration throughout the company’s lineup will become the ultimate goal, aiming to connect riders with nearly nondisruptible internet access.

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Tesla is building its largest Supercharger on the East Coast in New York City

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tesla store in New York City
Credit: Tesla

Tesla is building its largest East Coast Supercharger in New York City, planning to bring a 64- to 68-stall station to Queens, New York.

It will end up being tied for the largest Supercharger on the East Coast with this number of stalls. The largest on the Eastern Seaboard is located in Halifax, North Carolina, and is also 68 stalls.

The location is also set to be fitted with two pull-through stalls for EVs with trailers. We’ve seen Tesla implement these types of parking spots at newer locations as EV ownership continues to expand to those who do more than simply drive their cars.

There are plenty of Superchargers in the New York City metro, but they are mostly located in boroughs outside of Manhattan. There are five Superchargers in various neighborhoods of Manhattan, but there are limited plugs; usually only four per location. There are plenty of Destination Chargers in the Big Apple, though.

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Queens, the Bronx, and Brooklyn have become popular locations for companies to build out charging infrastructure for those who live in the highly populated boroughs. There is simply much more real estate to build effective EV charging stations.

Tesla spends $18M to expand Supercharging in New York City

The Supercharger will be located in Maspeth, Queens, at 48-26 54th Road. Maspeth has I-495 running through it, so this will be a great location for Tesla owners to hop off the highway on their way to Long Island or to Manhattan to charge up before continuing their journey.

Tesla has done a really great job of expanding its charging footprint throughout the past several years, especially by building large-scale projects that cater to areas that have a high volume of traffic and are main routes of travel to major areas. Tesla is making an effort to make charging less stressful and more widely available in these concentrated regions.

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