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Over 1,700 Tesla investors are responding to Elizabeth Warren’s call for Musk investigation

Credit: Andrea Conway/X

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Over 1,700 Tesla shareholders are responding to Massachusetts Senator Elizabeth Warren, who recently wrote a letter to Tesla Board Chair Robyn Denholm asking the EV maker’s Board of Directors to investigate CEO Elon Musk’s alleged conflicts of interest. As per the Tesla shareholders, the US Senator’s efforts are better directed towards matters that directly relate to her home state. 

US Senator Warren’s letter to the Tesla Board of Directors was made public last week. The official outlined several concerns in her letter, such as Musk’s alleged diversion of Tesla’s resources to xAI, his alleged conflicts of interest, and the alleged neglect of corporate governance duties from the Tesla Board of Directors. Warren also argued that Tesla shareholders have “suffered” from a lack of oversight at the EV maker. 

In their response, the TSLA shareholders noted that they are concerned about the US official’s focus on Tesla, especially since the EV maker is not domiciled in Massachusetts. The stockholders, who number over 1,700 as of a recent update, also addressed some of the US Senator’s concerns in her letter. 

Following is the Tesla stockholders’ letter to US Senator Warren. 

Dear Senator Warren,

We, the undersigned Tesla shareholders, are writing in response to your letter dated August 8, 2024, addressed to Dr. Robyn Denholm, Chair of the Board of Tesla. We must express our deep concern and disappointment regarding your unwarranted interference in Tesla’s affairs.

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First and foremost, we question the basis of your involvement in this matter. Tesla is not domiciled in your state, and to our knowledge, you are not a shareholder. Your attempt to exert influence over a company in which you have no direct stake is, frankly, perplexing and concerning. 

We cannot help but view your actions as politically motivated, particularly given the timing of your letter during a Presidential election period. This appears to be an attempt to generate political pressure rather than a genuine effort to address shareholder concerns. 

Your letter conspicuously fails to acknowledge Tesla’s significant contributions to the American economy, the global shift to EVs and to a sustainable future. As the most American car maker, Tesla has created tens of thousands of jobs across the country. Moreover, Elon Musk’s other ventures have further bolstered American innovation and employment. Your silence on these crucial points is telling.

Addressing Your Specific Points:

1. Diversion of Al Resources: The allocation of resources across Musk’s companies often leads to synergies that benefit Testa. This is a matter for the Board and shareholders to address, not external politicians.

2. Founding of xAI: The potential for collaboration between XAl and Tesla could drive innovation in ways that ultimately benefit our company and shareholders.

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3. Conflicts of Interest: The Board is well aware of its fiduciary duties and is capable of managing potential conflicts without external political pressure.

4. Board’s Oversight: We have confidence in our Board’s ability to provide appropriate oversight. Your assertions of failure are both premature and presumptuous.

5. Shareholder Concerns: While some concerns exist, many shareholders continue to support Mr. Musk’s vision and leadership. We prefer to address these matters internally, without political interference.

6. Your Questions: While your questions are noted, we believe they should be addressed to the Board by legitimate stakeholders, not by politicians seeking to make headlines.

Senator Warren, while we respect your role as a public servant, we strongly believe your energies would be better directed towards matters that fall within your purview as a Senator from Massachusetts.

Testa’s corporate governance is a matter for its Board, its shareholders, and the appropriate regulatory bodies.

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We kindly request that you refrain from further interference in Tesla’s affairs. Instead, we suggest focusing on creating an environment that fosters innovation and job creation – areas where Tesla and Elon Musk’s other ventures have demonstrably excelled.

We stand firmly behind Testa’s mission and leadership, and we will continue to work constructively with the Board to ensure the company’s ongoing success and adherence to proper governance standards.

Sincerely,

Tesla Shareholders

This is not the first time that Tesla or Musk has found itself in the crosshairs of the US Senator. Back in December 2021, Warren called for changes in the US tax code so that Elon Musk would stop “freeloading off everyone else.” In December 2022, Warren sent a letter to Tesla’s Board of Directors asking them if Elon Musk has been diverting the EV maker’s resources to Twitter. In July 2023, Warren also sent a letter encouraging the SEC to investigate Tesla and its Board of Directors, citing potential “conflicts of interest, misappropriation of corporate assets, and other negative impacts to Tesla shareholders” related to Elon Musk’s acquisition of social media platform Twitter. 

Don’t hesitate to contact us with news tips. Just send a message to simon@teslarati.com to give us a heads up.

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Simon is an experienced automotive reporter with a passion for electric cars and clean energy. Fascinated by the world envisioned by Elon Musk, he hopes to make it to Mars (at least as a tourist) someday. For stories or tips--or even to just say a simple hello--send a message to his email, simon@teslarati.com or his handle on X, @ResidentSponge.

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Investor's Corner

Tesla and SpaceX take “Terafab” Trademark fight to Federal Court

Tesla and SpaceX sue a small Illinois firm after cease and desist letters over Terafab.

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SpaceX Terafab rendering

Tesla and SpaceX are asking a federal judge to rule that their planned Terafab chip factory does not infringe a small Illinois company’s trademark, a request that arrives only after months of quiet negotiation broke down this summer.

The dispute traces to May 18, when Tesla filed three U.S. trademark applications for “Terafab” and “Tesla Terafab,” covering semiconductor chips and related chip making services. TERA-print LLC, a nanotechnology company that has held a federal trademark for “Tera-Fab” since 2021, responded five days later with a cease and desist letter. According to the lawsuit, first reported by Reuters, TERA-print argued that Tesla and SpaceX’s use of “Terafab” would confuse consumers familiar with its own trademark, which covers a desktop photolithography printer sold to researchers for sensor and bioengineering work.

What stands out in the filing is the timing of TERA-print’s own paperwork. One day before sending that cease and desist letter, on May 22, TERA-print applied to expand its existing registration to cover semiconductor materials, silicon chips, nanoelectronic devices and AI design services, categories it had not previously claimed. Tesla and SpaceX call that filing opportunistic in their complaint, noting it arrived two months after Tesla’s public Terafab announcement and just days after Tesla’s own trademark applications went in.

Elon Musk launches TERAFAB: The $25B Tesla-SpaceXAI chip factory that will rewire the AI industry

By June 10, TERA-print was threatening to sue for federal trademark infringement, false designation of origin and unfair competition, the complaint states. Rather than wait to be sued, Tesla, SpaceX and SpaceXAI met with TERA-print six separate times between June and August trying to resolve the dispute directly. Those talks collapsed, and the companies filed for declaratory judgment this week in the U.S. District Court for the Western District of Texas, asking a judge to find that “Terafab” does not infringe TERA-print’s mark before TERA-print can file a claim of its own.

TERA-print isn’t backing down. The company told PCMag it discussed a settlement with Tesla as recently as September 2 and feels misled by what it called Tesla’s professed interest in settling. Its CTO, Andrey Ivankin, said TERA-print holds a Defense Department contract to fabricate semiconductors and partially owns Mattiq Inc., an AI company built on TERA-print’s products, and that the company will vigorously defend its rights.

Tesla and SpaceX argue the overlap is superficial. Terafab is planned as a $16.8 billion complex spanning roughly 100 million square feet at the Grimes County site SpaceX confirmed last month, built to produce chips for Optimus robots, Tesla’s AI computing needs and SpaceX’s orbital data center ambitions, a scale and purpose the companies say no reasonable consumer would confuse with a tabletop lab printer. TERA-print’s product line has stayed focused on lithography tools for biological and sensor research since it registered its mark in 2021.

The trademark fight is the second legal dispute tied to the Terafab project in the past week, following a separate SpaceX suit aimed at keeping company records about the facility out of public view, as KBTX reported. Whether construction proceeds under the Terafab name now depends on a federal judge in Austin.

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NHTSA just escalated its Tesla Cybercab investigation in a big way

NHTSA escalated its Cybercab audit into a sworn Special Order with a September 30 deadline.

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Federal regulators have moved from asking Tesla questions about its Cybercab to demanding sworn answers. The National Highway Traffic Safety Administration issued a Special Order that requires a Tesla officer to sign an affidavit attesting to the completeness of the company’s responses, with a deadline of September 30.

The order builds on Audit Query AQ26002, which NHTSA opened on September 3, the same day Tesla began commercial Cybercab service in Austin. Teslarati covered that initial inquiry when it surfaced, noting the agency wanted to understand how Tesla certified a vehicle with no permanently attached steering wheel, pedals, or mirrors as compliant with Federal Motor Vehicle Safety Standards. A Special Order is a different tool and converts a fact finding review into a legally enforceable demand, the same mechanism NHTSA used against Tesla in 2023 during its Autopilot investigation.

Several of the 21 requests target a specific gap in Cybercab’s design. One asks whether Tesla used temporarily attached human controls at any point to help certify the vehicle, and if so, which standards depended on that equipment being present. Another quotes an existing rule directly: “The service brakes shall be activated by means of a foot control.” Cybercab has no foot pedal. NHTSA wants a detailed explanation of how the vehicle satisfies that requirement, and how it complies without the kind of exemption granted to Zoox in July under Part 555, the regulatory pathway built for steering wheel free vehicles.

The order does not claim Cybercab is unsafe or that Tesla broke a rule. It requires Tesla to explain, under oath, the reasoning behind decisions the company already made when it self-certified the vehicle. That distinction matters, but so does the exposure. Motor1’s reporting, summarized here, put potential civil penalty exposure as high as $139 million if NHTSA later finds the certification was flawed, on top of whatever criminal risk comes with a false sworn statement.

Tesla has not said publicly how it plans to respond. Cybercab is still carrying passengers in Austin through the Robotaxi app while the September 30 deadline approaches, and the company has continued expanding the vehicle’s footprint even as the regulatory question remains open. The Special Order does not pause any of that and just sets a date by which Tesla has to put its certification logic on the record, with a company officer’s name attached to it.

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Investor's Corner

Tesla uber bull Ron Baron says ‘the time to buy the stock is now’

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Credit: Tesla

In a new interview on Wednesday, Tesla uber bull Ron Baron said that anyone looking to buy the company’s stock should do so as soon as they can.

Baron, founder and CEO of Baron Capital and one of Tesla’s most persistent institutional bulls, used a CNBC Squawk Box appearance on Wednesday to deliver a familiar message with fresh urgency: In his opinion, Tesla stock is a buy:

“The time to buy the stock is now. FSD is catching on, and it’s going to be bigger and bigger. 55% of new buyers are buying it (Teslas) with FSD. It’s going to be everywhere. It’s safer.”

The Baron Capital frontman’s case is built around Full Self-Driving. Tesla reported 1.48 million active FSD subscriptions in the second quarter, up 56 percent year over year, and company officials have said roughly 55 percent of new North American deliveries left with a subscription enabled.

Baron framed that attach rate as proof the product is moving from enthusiast extra to default expectation, and as a reason software, not just vehicle volume, should drive the next phase of value.

His conviction on Tesla shares is not theoretical, as Baron Capital made its first Tesla investment in 2014, after years of meetings that began around the 2010 IPO roadshow. The firm later built a large SpaceX position starting in 2017.

Baron said those Musk-led bets have generated about $30 billion of the $71 billion in profits Baron Capital has produced for clients. He put the firm’s current exposure at roughly $25 billion in SpaceX and $5 billion in Tesla. Personally, he described SpaceX as his largest holding, at about $5 billion, with about $1.5 billion in Tesla and additional Tesla exposure through the firm’s funds.

That concentration is also a statement of loyalty. Asked about talk of a SpaceX-Tesla combination, Baron said he had already walked Elon Musk through arguments for and against a deal, then declined to repeat them on air. His public position was simpler: “Whatever you decide is better is what I’m going to support,” he said to Musk.

Baron also said that he picked up the farewell edition of the Model S after Tesla decided to sunset the vehicle earlier this year, calling it his favorite car he’s ever driven.

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