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U.S. Senator calls for SEC to investigate Tesla Board for ‘failure to manage’ Elon Musk

Credit: Elizabeth Warren/Twitter and Credit: Elizabeth Warren/Twitter and Tesla/YouTube

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U.S. Senator Elizabeth Warren has called for the Securities and Exchange Commission (SEC) to investigate Tesla and its Board of Directors for “failing to manage the actions of CEO Elon Musk in his dual role as CEO of Twitter and Tesla.”

Warren penned a letter on Thursday morning that aims to raise awareness of Musk’s actions since purchasing Twitter, now called X, and the Tesla Board’s failure “to uphold its legal duty to ensure that Mr. Musk acts in the best interest of Tesla.”

Warren said in the letter that the Tesla Board has also not adequately disclosed concerns about the conflict of interest that stems from Musk running both Tesla and X.

“Tesla is publicly owned, and Mr. Musk and the Board have responsibilities to shareholders and the public in their management of the company. Mr. Musk’s personal wealth – and his personal relationships with Board members – do not shield him or the Tesla Board from meeting basic SEC governance and disclosure rules. The concerns about Mr. Musk’s actions as Tesla CEO since his purchase of Twitter and the Board’s failure to address or disclose potential risks related to them raise obvious questions about Tesla’s compliance with SEC rules and regulations. I am therefore asking the SEC to open an investigation into Tesla to ensure that the actions of Mr. Musk and the Tesla Board have not violated securities laws.”

“Mr. Musk’s actions since purchasing Twitter and becoming its Chief Executive Officer (CEO) – while remaining Tesla’s CEO – have raised concerns about conflicts of interest, misappropriation of corporate assets, and other negative impacts to Tesla shareholders. Despite recent and repeated calls from investors to address these actions, the Board appears to have failed to uphold its legal duty to ensure that Mr. Musk act in the best interest of Tesla. The Board also does not appear to have adequately disclosed concerns about these issues to investors, undermining shareholders’ ability to make informed voting and investing decisions and to hold their fiduciaries accountable.”

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Warren has previously expressed concerns about Musk’s purchase of X. In December 2022, she wrote a letter to Tesla Board Chairwoman Robyn Denholm stating that there could have been a misappropriation of Tesla resources.

Additionally, Warren said that Tesla’s board had “an apparent lack of independence” from Musk in a letter sent to the SEC in July 2023.

Elizabeth Warren grills Tesla Board on Elon Musk’s alleged absence

Warren believes Musk’s actions could be potential violations of securities laws, including Nasdaq listing rules requiring a majority independent board, SEC disclosure requirements regarding Board independence, and Tesla’s violation of SEC rule 10b-5, which prohibits any act of omission resulting in fraud or deceit.

Warren continues in her letter:

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“Tesla is publicly owned, and Mr. Musk and the Board have responsibilities to shareholders and the public in their management of the company. Mr. Musk’s personal wealth – and his personal relationships with Board members – do not shield him or the Tesla Board from meeting basic SEC governance and disclosure rules. The concerns about Mr. Musk’s actions as Tesla CEO since his purchase of Twitter and the Board’s failure to address or disclose potential risks related to them raise obvious questions about Tesla’s compliance with SEC rules and regulations. I am therefore asking the SEC to open an investigation into Tesla to ensure that the actions of Mr. Musk and the Tesla Board have not violated securities laws.”

Warren cites several news articles in her letter that show Musk appearing to display “a distracted or overly focused” attitude on other ventures.

I’d love to hear your thoughts on this matter. Email us at tips@teslarati.com, or you can email me directly at joey@teslarati.comI’m also on X @KlenderJoey.

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 receives major institutional boost with Nomura’s rising stake

The move makes Tesla Nomura’s 10th-largest holding at about 1% of its entire portfolio.

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Credit: Tesla China

Tesla (NASDAQ:TSLA) has gained fresh institutional support, with Nomura Asset Management expanding its position in the automaker. 

Nomura boosted its Tesla holdings by 4.2%, adding 47,674 shares and bringing its total position to more than 1.17 million shares valued at roughly $373.6 million. The move makes Tesla Nomura’s 10th-largest holding at about 1% of its entire portfolio.

Institutional investors and TSLA

Nomura’s filing was released alongside several other fund updates. Brighton Jones LLC boosted its holdings by 11.8%, as noted in a MarketBeat report, and Revolve Wealth Partners lifted its TSLA position by 21.2%. Bison Wealth increased its Tesla stake by 52.2%, AMG National Trust Bank increased its position in shares of Tesla by 11.8%, and FAS Wealth Partners increased its TSLA holdings by 22.1%. About 66% of all outstanding Tesla shares are now owned by institutional investors.

The buying comes shortly after Tesla reported better-than-expected quarterly earnings, posting $0.50 per share compared with the $0.48 consensus. Revenue reached $28.10 billion, topping Wall Street’s $24.98 billion estimate. Despite the earnings beat, Tesla continues to trade at a steep premium relative to peers, with a market cap hovering around $1.34 trillion and a price-to-earnings ratio near 270.

Recent insider sales

Some Tesla insiders have sold stock as of late. CFO Vaibhav Taneja sold 2,606 shares in early September for just over $918,000, reducing his personal stake by about 21%. Director James R. Murdoch executed a far larger sale, offloading 120,000 shares for roughly $42 million and trimming his holdings by nearly 15%. Over the past three months, Tesla insiders have collectively sold 202,606 shares valued at approximately $75.6 million, as per SEC disclosures.

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Tesla is currently entering its next phase of growth, and if it is successful, it could very well become the world’s most valuable company as a result. The company has several high-profile projects expected to be rolled out in the coming years, including Optimus, the humanoid robot, and the Cybercab, an autonomous two-seater with the potential to change the face of roads across the globe.

@teslarati Tesla Full Self-Driving yields for pedestrians while human drivers do not…the future is here! #tesla #teslafsd #fullselfdriving ♬ 2 Little 2 Late – Levi & Mario
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Tesla rolls out fresh Supercharger pricing strategy to more locations

Live Pricing aimed to resolve some of the shortcomings of the off-peak and on-peak system, aiming to keep prices low and base them on current utilization instead of a set time when prices change.

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tesla supercharger
Credit: Tesla

Tesla has rolled out a fresh Supercharger pricing strategy to more locations, as it confirmed it has added 550 additional sites in the United States to its “Live Pricing” strategy.

Live Pricing for Superchargers launched back in May, and was the company’s latest strategy to keep charging your EV cheap, affordable, and easy to understand.

Tesla has adjusted its pricing strategy at Superchargers several times over the past few years, with the most notable being the 2020 introduction of off-peak and on-peak Supercharging rates.

Live Pricing aimed to resolve some of the shortcomings of the off-peak and on-peak system, aiming to keep prices low and base them on current utilization instead of a set time when prices change.

Tesla explained the program when it launched:

“We are piloting on-peak and off-peak pricing based on live Supercharger utilization rather than estimations. The average price remains unchanged, but this live feedback loop improves accuracy. This corrects off-peak pricing during times of congestion, or on-peak pricing when Superchargers are plentiful. You’ll always see the price before your session begins, and prices do not change mid-session. A small-scale pilot is launching at 10 sites and will expand based on feedback and success.”

The initial rollout only included Superchargers in California, but it was not all of them, only a handful instead. Tesla was attempting to launch it in a very controlled manner by using a Pilot Program that would iron out all the early bugs and potential issues it might run into.

However, the company expanded the program by launching it at an additional 550 sites in California, New Jersey, New York, Florida, and Illinois:

The price you pay is locked in when you plug in, so if the Supercharger station you are charging at becomes more crowded and the program bumps up the rates because of high utilization rates, you will still receive the cheaper price that was enabled when you arrived.

@teslarati With a pedestrian in the crosswalk, Tesla Full Self-Driving shows off its courtesy. Human drivers? Not so much. #tesla #teslafsd #fullselfdriving ♬ AMERICAN HEART – Maxwell Luke

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Tesla Robotaxi was just spotted in a new state for the first time

The company is still attempting to expand and has explicitly stated that it plans to offer rides in Nevada, Arizona, and Florida in the near future. However, a pair of Robotaxi mules, fitted with LiDAR equipment for ground truth validation, was spotted in a new region for the first time.

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Credit: Tesla

Tesla Robotaxi mules were spotted in a new state for the first time as the company plans to expand the ride-sharing service to new areas of the United States in the coming months.

Tesla is offering Robotaxi rides in Austin already, where nobody is present in the driver’s seat except for on freeway routes. In California, Tesla refers to its platform as a ride-hailing suite, and a “Safety Monitor” is present in the driver’s seat at all times, but the vehicle operates on Full Self-Driving.

The company is still attempting to expand and has explicitly stated that it plans to offer rides in Nevada, Arizona, and Florida in the near future. However, a pair of Robotaxi mules, fitted with LiDAR equipment for ground truth validation, was spotted in a new region for the first time.

Over the weekend, Tesla Robotaxi mules were spotted in Enola, Pennsylvania, just about ten minutes from downtown Harrisburg:

Enola is situated to the northwest of Harrisburg, Pennsylvania’s State Capitol. Interestingly, you’d expect Tesla to be testing these types of vehicles in other, more populated areas; Philadelphia is about two hours East, and Pittsburgh is about three hours west. State College is about an hour North of Enola.

Looking at the location of where the vehicles were spotted tells an interesting story, as Enola, located right outside of the State Capitol, could be a move to nudge legislators to consider looking at some of the laws that deal with driverless and autonomous vehicle operation.

Pennsylvania’s Act 130 of 2022 and subsequent guidelines permit the testing of driverless vehicles in the Commonwealth, but PennDOT requires a permit from Tesla or any other company that wants to operate a ride-hailing service in PA.

It’s also important to note that the cars could have simply been stopping through, as they were spotted at a Supercharger location along Interstate 81, which spans from Tennessee to New York.

It is not to say the vehicles are testing along the entire route, but likely a segment of it. The fact that they were spotted in Pennsylvania does bode well for Tesla’s expansion efforts moving forward.

@teslarati Tesla Full Self-Driving yields for pedestrians while human drivers do not…the future is here! #tesla #teslafsd #fullselfdriving ♬ 2 Little 2 Late – Levi & Mario

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