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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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Tesla investors will be shocked by Jim Cramer’s latest assessment

Jim Cramer is now speaking positively about Tesla, especially in terms of its Robotaxi performance and its perception as a company.

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Credit: CNBC Television/YouTube

Tesla investors will be shocked by analyst Jim Cramer’s latest assessment of the company.

When it comes to Tesla analysts, many of them are consistent. The bulls usually stay the bulls, and the bears usually stay the bears. The notable analysts on each side are Dan Ives and Adam Jonas for the bulls, and Gordon Johnson for the bears.

Jim Cramer is one analyst who does not necessarily fit this mold. Cramer, who hosts CNBC’s Mad Money, has switched his opinion on Tesla stock (NASDAQ: TSLA) many times.

He has been bullish, like he was when he said the stock was a “sleeping giant” two years ago, and he has been bearish, like he was when he said there was “nothing magnificent” about the company just a few months ago.

Now, he is back to being a bull.

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Cramer’s comments were related to two key points: how NVIDIA CEO Jensen Huang describes Tesla after working closely with the Company through their transactions, and how it is not a car company, as well as the recent launch of the Robotaxi fleet.

Jensen Huang’s Tesla Narrative

Cramer says that the narrative on quarterly and annual deliveries is overblown, and those who continue to worry about Tesla’s performance on that metric are misled.

“It’s not a car company,” he said.

He went on to say that people like Huang speak highly of Tesla, and that should be enough to deter any true skepticism:

“I believe what Musk says cause Musk is working with Jensen and Jensen’s telling me what’s happening on the other side is pretty amazing.”

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Tesla self-driving development gets huge compliment from NVIDIA CEO

Robotaxi Launch

Many media outlets are being extremely negative regarding the early rollout of Tesla’s Robotaxi platform in Austin, Texas.

There have been a handful of small issues, but nothing significant. Cramer says that humans make mistakes in vehicles too, yet, when Tesla’s test phase of the Robotaxi does it, it’s front page news and needs to be magnified.

He said:

“Look, I mean, drivers make mistakes all the time. Why should we hold Tesla to a standard where there can be no mistakes?”

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It’s refreshing to hear Cramer speak logically about the Robotaxi fleet, as Tesla has taken every measure to ensure there are no mishaps. There are safety monitors in the passenger seat, and the area of travel is limited, confined to a small number of people.

Tesla is still improving and hopes to remove teleoperators and safety monitors slowly, as CEO Elon Musk said more freedom could be granted within one or two months.

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Tesla launches ultra-fast V4 Superchargers in China for the first time

Tesla has V4 Superchargers rolling out in China for the first time.

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Credit: Tesla

Tesla already has nearly 12,000 Supercharger piles across mainland China. However, the company just initiated the rollout of the ultra-fast V4 Superchargers in China for the first time, bringing its quick-charging piles to the country for the first time since their launch last year.

The first batch of V4 Superchargers is now officially up and running in China, the company announced in a post on Chinese social media outlet Weibo today.

Tesla China teases arrival of V4 Superchargers in 2025

The company said in the post:

“The first batch of Tesla V4 Superchargers are online. Covering more service areas, high-speed charging is more convenient, and six-layer powerful protection such as rain and waterproof makes charging very safe. Simultaneously open to non-Tesla vehicles, and other brands of vehicles can also be charged. There are more than 70,000 Tesla Superchargers worldwide. The charging network layout covers 100% of the provincial capitals and municipalities in mainland China. More V4 Superchargers will be put into use across the country. Optimize the charging experience and improve energy replenishment efficiency. Tesla will accompany you to the mountains, rivers, lakes, and seas with pure electricity!”

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The first V4 Superchargers Tesla installed in China are available in four cities across the country: Shanghai, Zhejiang, Gansu, and Chongqing.

Credit: Tesla China

Tesla has over 70,000 Superchargers worldwide. It is the most expansive and robust EV charging network in the world. It’s the main reason why so many companies have chosen to adopt Tesla’s charging connector in North America and Europe.

In China, some EVs can use Tesla Superchargers as well.

The V4 Supercharger is capable of charging vehicles at speeds of up to 325kW for vehicles in North America. This equates to over 1,000 miles per hour of charging.

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Elon Musk hints at when Tesla could reduce Safety Monitors from Robotaxi

Tesla could be reducing Safety Monitors from Robotaxi within ‘a month or two,’ CEO Elon Musk says.

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Credit: Joe Tegtmeyer | X

Elon Musk hinted at when Tesla could begin reducing Safety Monitors from its Robotaxis. Safety Monitors are Tesla employees who sit in the front passenger seat during the driverless rides, and are there to ensure safety for occupants during the earliest rides.

Tesla launched its Robotaxi fleet in Austin last Sunday, and after eight days, videos and reviews from those who have ridden in the driverless vehicles have shown that the suite is safe, accurate, and well coordinated. However, there have been a few hiccups, but nothing that has put anyone’s safety in danger.

A vast majority — close to all of the rides — at least according to those who have ridden in the Robotaxi, have been performed without any real need for human intervention. We reported on what was the first intervention last week, as a Safety Monitor had to step in and stop the vehicle in a strange interaction with a UPS truck.

Watch the first true Tesla Robotaxi intervention by safety monitor

The Tesla and UPS delivery truck were going for the same street parking space, and the Tesla began to turn into it. The UPS driver parallel parked into the spot, which was much smaller than his truck. It seemed to be more of an instance of human error instead of the Robotaxi making the wrong move. This is something that the driverless cars will have to deal with because humans are aggressive and sometimes make moves they should not.

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The Safety Monitors have not been too active in the vehicles. After all, we’ve only seen that single instance of an intervention. There was also an issue with the sun, when the Tesla braked abnormally due to the glare, but this was an instance where the car handled the scenario and proceeded normally.

With the Robotaxi fleet operating impressively, some are wondering when Tesla will begin scaling back both the Safety Monitors and Teleoperators that it is using to ensure safety with these early rides.

CEO Elon Musk answered the inquiry by stating, “As soon as we feel it is safe to do so. Probably within a month or two.”

Musk’s response seems to confirm that there will be fewer Teleoperators and Safety Monitors in the coming months, but there will still be some within the fleet to ensure safety. Eventually, that number will get to zero.

Reaching a point where Tesla’s Robotaxi is driverless will be another significant milestone for the company and its path to fully autonomous ride-sharing.

Eventually, Tesla will roll out these capabilities to consumer-owned vehicles, offering them a path to generate revenue as their car operates autonomously and completes rides.

For now, Tesla is focusing on perfecting the area of Austin where it is currently offering driverless rides for just $4.20 to a small group of people.

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