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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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Elon Musk

First Tesla Cybercab rolls off Giga Texas production line

Tesla’s official account on X shared an image showing employees gathered around the first Cybercab built at Gigafactory Texas.

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Credit: Tesla/X

Tesla has produced the first Tesla Cybercab at Texas Gigafactory, marking a key milestone ahead of the planned autonomous two-seater’s production in April. The two-seat Robotaxi, which was unveiled in 2024, is designed without pedals or a steering wheel and represents Tesla’s most aggressive step yet toward fully autonomous mobility.

Tesla’s official account on X shared an image showing employees gathered around the first Cybercab built at Gigafactory Texas. Elon Musk echoed the milestone, writing, “Congratulations to the Tesla team on making the first production Cybercab!”

Previous comments from Musk on X reiterated the idea that production of the Cybercab “starts in April.” The vehicle will launch without traditional driver controls, and it will rely entirely on Tesla’s vision-based Full Self-Driving (FSD) system.

The Cybercab is positioned to compete with autonomous services such as Waymo. While Tesla has deployed Model Y vehicles in limited Robotaxi operations in Austin and the Bay Area, a serious ramp of the service to other cities across the United States is yet to be implemented. The production of the Cybercab could then be seen as a push towards the company’s autonomy plans.

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Musk has linked the Cybercab to Tesla’s proposed “Unboxed” manufacturing process, which would assemble large vehicle modules separately before integrating them, rather than following a traditional production line. The approach is intended to cut costs, reduce factory footprint, and speed up output.

That being said, Elon Musk has set expectations for the Cybercab’s production ramp. As per Musk, it would likely take some time before meaningful volumes of the Cybercab are produced because it is such a new and different vehicle. But when the vehicle hits its pace, volumes will be notable. 

“Initial production is always very slow and follows an S-curve. The speed of production ramp is inversely proportionate to how many new parts and steps there are. For Cybercab and Optimus, almost everything is new, so the early production rate will be agonizingly slow, but eventually end up being insanely fast,” Musk noted.

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Elon Musk

California city weighs banning Elon Musk companies like Tesla and SpaceX

A resolution draft titled, “Resolution Ending Engagement With Elon Musk-Controlled Companies and To Encourage CalPERS To Divest Stock In These Companies,” alleges that Musk “has engaged in business practices that are alleged to include violations of labor laws, environmental regulations, workplace safety standards, and regulatory noncompliance.”

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Credit: Tesla

A California City Council is planning to weigh whether it would adopt a resolution that would place a ban on its engagement with Elon Musk companies, like Tesla and SpaceX.

The City of Davis, California, will have its City Council weigh a new proposal that would adopt a resolution “to divest from companies owned and/or controlled by Elon Musk.”

This would include a divestment proposal to encourage CalPERS, the California Public Employees Retirement System, to divest from stock in any Musk company.

A resolution draft titled, “Resolution Ending Engagement With Elon Musk-Controlled Companies and To Encourage CalPERS To Divest Stock In These Companies,” alleges that Musk “has engaged in business practices that are alleged to include violations of labor laws, environmental regulations, workplace safety standards, and regulatory noncompliance.”

It claims that Musk “has used his influence and corporate platforms to promote political ideologies and activities that threaten democratic norms and institutions, including campaign finance activities that raise ethical and legal concerns.”

If adopted, Davis would bar the city from entering into any new contracts or purchasing agreements with any company owned or controlled by Elon Musk. It also says it will not consider utilizing Tesla Robotaxis.

Hotel owner tears down Tesla chargers in frustration over Musk’s politics

A staff report on the proposal claims there is “no immediate budgetary impact.” However, a move like this would only impact its residents, especially with Tesla, as the Supercharger Network is open to all electric vehicle manufacturers. It is also extremely reliable and widespread.

Regarding the divestment request to CalPERS, it would not be surprising to see the firm make the move. Although it voted against Musk’s compensation package last year, the firm has no issue continuing to make money off of Tesla’s performance on Wall Street.

The decision to avoid Musk companies will be considered this evening at the City Council meeting.

The report comes from Davis Vanguard.

It is no secret that Musk’s political involvement, especially during the most recent Presidential Election, ruffled some feathers. Other cities considered similar options, like the City of Baltimore, which “decided to go in another direction” after awarding Tesla a $5 million contract for a fleet of EVs for city employees.

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Tesla launches new Model 3 financing deal with awesome savings

Tesla is now offering a 0.99% APR financing option for all new Model 3 orders in the United States, and it applies to all loan terms of up to 72 months.

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Credit: Tesla

Tesla has launched a new Model 3 financing deal in the United States that brings awesome savings. The deal looks to move more of the company’s mass-market sedan as it is the second-most popular vehicle Tesla offers, behind its sibling, the Model Y.

Tesla is now offering a 0.99% APR financing option for all new Model 3 orders in the United States, and it applies to all loan terms of up to 72 months.

It includes three Model 3 configurations, including the Model 3 Performance. The rate applies to:

  • Model 3 Premium Rear-Wheel-Drive
  • Model 3 Premium All-Wheel-Drive
  • Model 3 Performance

The previous APR offer was 2.99%.

Tesla routinely utilizes low-interest offers to help move vehicles, especially as the rates can help get people to payments that are more comfortable with their monthly budgets. Along with other savings, like those on maintenance and gas, this is another way Tesla pushes savings to customers.

The company had offered a similar program in China on the Model 3 and Model Y vehicles, but it had ended on January 31.

The Model 3 was the second-best-selling electric vehicle in the United States in 2025, trailing only the Model Y. According to automotive data provided by Cox, Tesla sold 192,440 units last year of the all-electric sedan. The Model Y sold 357,528 units.

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