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Showing posts with label Technology. Show all posts

Solar City Owned by Tesla

October 11, 2022 0
Solar City Owned by Tesla

 Tesla acquired SolarCity for $2.6 billion in 2016.

solar city owned by tesla

Tesla acquired SolarCity for $2.6 billion in 2016. Musk at the time owned a large portion of SolarCity, which was run by two of his cousins. Tesla shareholders alleged Musk was acting in his own interest with the purchase, rather than that of the electric vehicle company, now the world's most valuable carmaker.

SAN FRANCISCO — Elon Musk did not breach his fiduciary duty to Tesla when the company acquired solar power firm SolarCity, a Delaware Chancery Court judge ruled on Wednesday.

The decision, delivered in a 132-page opinion, absolved Musk of legal liability in a battle that had loomed over Tesla for years since shareholders filed suit.

“[My] verdict is for the defense on all claims,” the judge, Joseph R. Slights III, wrote in his opinion.


Tesla acquired SolarCity for $2.6 billion in 2016. Musk at the time owned a large portion of SolarCity, which was run by two of his cousins. Tesla shareholders alleged Musk was acting in his own interest with the purchase, rather than that of the electric vehicle company, now the world’s most valuable carmaker.

Shareholders had argued that the acquisition of SolarCity amounted to a bailout of a struggling company in which family members were involved.

Elon Musk defends Tesla solar deal in court, calls opposing lawyer ‘a bad human being’ 

In his opinion, Slights summarized the plaintiffs’ view: that Musk made Tesla’s “servile” board greenlight the acquisition of an “insolvent” SolarCity to bail out an investment by him and family members that was not panning out.

“This, say the plaintiffs, was a clear breach of Elon’s fiduciary duty of loyalty,” Slights wrote.

Musk himself had taken the stand in the SolarCity suit last summer, defending Tesla’s decision to buy the solar firm when he put the deal in terms of the planet’s future. He also attacked a plaintiffs’ attorney as a “bad human being.”

The suit also concerned Musk’s alleged control of the board. Musk, the plaintiffs argued, exerted dominance over the board as he sought to see the deal through.

Slights disagreed, however, pointing to instances where he found the board rebuffed Musk.

“Elon was undoubtedly involved in the deal process in ways he should not have been, but fortunately, the Tesla Board ensured nevertheless that the process led to a fair price,” the judge wrote.

Musk did not immediately respond to a request for comment.


Randall Baron, attorney for the plaintiffs, said, “The court recognized important conflicts and flaws in the deal approval process. We are carefully reviewing the court’s decision and are considering appropriate next steps in consultation with our clients.”

The decision adds to a string of legal victories for Musk in high-profile litigation that posed risks to both him and Tesla. Musk was not held liable, for example, in the 2018 defamation suit involving a Thai cave rescue diver he had called a “pedo guy.” And though he gave up his Tesla chairmanship after a 2018 tweet that he had “Funding secured” to take Tesla private at $420 a share, Musk retained his control of the company and later emerged the world’s richest person.

The latest threat to Tesla is Musk’s $44 billion deal this week to take over social media firm Twitter. He is using billions of dollars worth of his Tesla stake as collateral to pay for Twitter, a move that sent Tesla’s stock tumbling by more than $100 billion on Tuesday.

Tesla’s value dropped Tuesday by more than double the cost of Twitter

In the SolarCity trial, Musk could have had to pay back as much as $2 billion to Tesla.


Beyond that potential penalty, the suit was also a referendum on Musk’s brash leadership style — where he aggressively pursued his interests sometimes independent of established processes.

“If he was found liable for the monetary damages, that would be a harm to Tesla,” said Alexander Manglinong, an associate attorney focused on business litigation at the firm Stubbs Alderton & Markiles. “In turn, him causing that would just be another reason to add to that list of why the Board of Directors might want to reconsider who would be CEO.”

Slights nodded to Musk’s unusual level of involvement in the deal in his opinion Wednesday.

“The process employed by the Tesla Board to negotiate and ultimately recommend the Acquisition was far from perfect. Elon was more involved in the process than a conflicted fiduciary should be,” he wrote. “With that said, the Tesla Board meaningfully vetted the Acquisition, and Elon did not stand in its way.”


How Elon Musk went from sleeping in the factory to being on the cusp of launching a crew into space

Slights also said Tesla paid a fair price for SolarCity in the deal.


“SolarCity was, at a minimum, worth what Tesla paid for it,” he wrote, “and the Acquisition otherwise was highly beneficial to Tesla.”

In recent years, the SolarCity investment has been dismissed a blunder by Tesla; some have heaped blame on Musk over the litigation Tesla has faced due to the subsidiary’s shortcomings in ushering in Tesla’s clean energy goals. Walmart in 2019 filed suit against Tesla over a string of seven solar panel fires at stores around the country, an example of the type of litigation Tesla faced in the aftermath of the purchase. Tesla and Walmart settled in the matter, CNBC reported.

In his opinion, Slights addressed the plaintiffs’ arguments that Tesla and SolarCity had not integrated. Examples included Tesla’s termination of thousands of solar-focused workers, and the decrease in deployments of solar components after Musk “repurposed” SolarCity employees to work on the rollout of the Model 3, Tesla’s mass market-aimed sedan.

Those examples were true, he said, but “the fact that SolarCity has yet to be fully integrated into Tesla does not diminish the substantial synergies already achieved, to say nothing of the massive potential for synergies yet to be achieved.”

How Elon Musk went from sleeping in the factory to being on the cusp of launching a crew into space

October 11, 2022 0
How Elon Musk went from sleeping in the factory to being on the cusp of launching a crew into space

 How Elon Musk went from sleeping in the factory to being on the cusp of launching a crew into space.

Alen-Musk

In a span of two years, Musk has practically reversed his fortunes from the days when he was dogged by constant regulatory scrutiny and questions over his ability to lead Tesla and SpaceX.

Just over a year ago, the Securities and Exchange Commission had launched an investigation into Elon Musk after he tweeted that he planned to take Tesla private. He was facing criticism, and a defamation lawsuit, for calling a Thai-cave rescuer a “pedo guy” and “child rapist.” And when Musk took a hit off a joint during an Internet broadcast, it triggered a safety review from NASA that was concerned the billionaire maverick was going off the rails.


But now Musk is on a roll, literally dancing his way forward past a thicket of controversies. Tesla’s stock price has quadrupled, and the company’s market value now is greater than GM’s and Ford’s combined. A jury acquitted him in the defamation suit. And SpaceX is on the cusp of its first human spaceflight, having just completed what Musk called “a picture-perfect” test flight.


President Trump even compared him recently to Thomas Edison, calling him “one of our great geniuses.”


Most notable for some is that Musk, known for taking to Twitter to tout his successes and lash out at his critics, has demonstrated restraint. He hasn’t tweeted any sensitive numbers about the publicly traded Tesla, and he kept silent after NASA pronounced the software in Boeing’s Starliner capsule — SpaceX’s competitor for sending people into space — so flawed that more than a million lines of code must be meticulously reviewed, a process that could take months.


Elon Musk: Tweet that cost $20 million was ‘worth it’


People who follow Musk closely say they’ve noticed the change. Rebukes by regulators and the serious responsibility of sending astronauts to space, now weeks away, have humbled him, they say. Both Tesla and SpaceX declined to comment.


“Elon’s not dealing like he’s under the vise anymore, and he is acting more reasonable,” said Gene Munster, managing partner of analyst firm Loup Ventures.


That doesn’t mean there aren’t challenges ahead. Tesla is launching its new crossover SUV in the first quarter, and new vehicles in the past have become a production stumbling block. Tesla also revealed last week that it’s again under investigation by the SEC.


And though he may have been humbled, he remains unfiltered. He recently danced onstage in China, performing what some dubbed a strip tease, shrugging his hoodie off and then throwing it. He told a recent SpaceX event on the rushed timeline to build a rocket he hopes will get to Mars: “My new thing is management by rhyming: If the schedule is long, it’s wrong; if it’s tight, it’s right.” He also recently released a song that climbed the charts on Spotify after he tweeted to his 30 million followers a shot of himself jamming to the beat.


The track’s title also served as a four-word manifesto: “Don’t Doubt Ur Vibe.”


Payoff after a painful year

Musk’s relentless focus on Tesla, in particular, has begun to pay off. Musk’s goal of injecting electric cars into the mainstream is becoming reality, and Wall Street has begun to accept that. The company’s stock has long been besieged by short sellers, gambling that the company won’t achieve its goals. But the short sellers are reeling, prompting headlines such as this recent one in the Wall Street Journal: “Detroit Falters as Tesla Excites.”


“There are still things they need to work through,” said Munster. “It’s still going to be bumpy. But as far as the core concept — ‘Will Tesla make it or not make it?’ — that question has now been decided. Tesla is going to be around for decades.”


Musk, who was bullied as a child in South Africa and made his way to North America as a teenager, has always had a combative streak that often pitted him against the establishment. He took on the credit card industry with PayPal, where he was CEO until he was ousted in 2000. 


He remained the company’s largest shareholder, however, and pocketed $165 million when PayPal was acquired by eBay for $1.5 billion. He founded SpaceX in 2001 and disrupted the military-industrial complex that for years had a strong hold over America’s space industry. His investment in Tesla didn’t come until 2004, when he was named the company’s chairman of the board. He became CEO in 2008. Forbes estimates his net worth at more than $43 billion.


The low point for Musk came during the summer of 2018. A slate of top executives had left Tesla, which had been struggling and laying off employees in droves. The company was having difficulty delivering on its rosy production promises, and Musk said on Twitter that the company had graduated from one nightmare to another — “from production hell to delivery logistics hell.”


He lamented to the New York Times that August in an interview that, “This past year has been the most difficult and painful year of my career. It was excruciating.”


The company was struggling to achieve its goal of delivering 5,000 Model 3 cars per week.


Tesla never truly delivered on the core marketing component of the Model 3 — that it would be a $35,000 car, making it affordable to the masses. While a model costing that price was available briefly last year, it was pulled from Tesla’s traditional online sales hub and moved to special order status.


Musk had long been turning attention — some said too much attention — to the intricacies of the company’s product lineup and assembly line. And he made decisions in haste, axing products on impulse without embarking on market research.


“Get it off the website now,” he said, after one executive presented what he saw as a compelling case.


When the company failed to meet its output for Model X SUVs because the falcon-wing doors were so hard to fit, “Elon moved into the factory for two weeks,” said a former Tesla executive who spoke on the condition of anonymity to discuss internal company matters. “He was sleeping in a sleeping bag — real-time triaging cars at the end of the line trying to get to the root cause of what the issues were. It was wild.”


Musk also got hands-on when the company was facing a lag because of paint. “Elon wasn’t satisfied,” the former executive said, “and so he took over the paint shop. He ran the paint shop for two weeks.”


His agony was compounded by a self-inflicted wound — when he took to Twitter to announce that he intended to take Tesla private at $420 a share.

“Funding secured,” he wrote on Aug. 7, 2018, in a pronouncement that shocked investors and sparked an SEC investigation that resulted in a lawsuit accusing him of misleading investors and seeking to bar him from running any public company.


Musk ended up settling soon afterward, paying a $20 million fine and agreeing to step down as Tesla’s chairman for three years.

Late in 2018, it was officials on the ninth floor of NASA headquarters who were fuming over his behavior. Musk had recently puffed a joint while appearing on Joe Rogan’s show and took a sip of whiskey — not the sort of conduct NASA is used to seeing from the heads of their prime contractors.

In this case, NASA was relying on Musk’s SpaceX to build a spacecraft capable of flying its astronauts to the International Space Station. And NASA administrator Jim Bridenstine, a teetotaling conservative Republican and former congressman from Oklahoma, didn’t appreciate the message it sent.

He ordered a safety review of the company and publicly chastised Musk, saying that “culture and leadership start at the top. Anything that would result in some questioning the culture of safety, we need to fix immediately.”

Boeing faced only ‘limited’ safety review from NASA, while SpaceX got a full examination

SpaceX went to great lengths to show that it prioritizes safety over all else. And in March of last year, it successfully flew its Dragon spacecraft to the International Space Station and back, a feat that seemed to erase any concerns from Bridgestone, who crowed after the 2:49 a.m. launch that SpaceX had helped put NASA on the “precipice of launching American astronauts in American rockets from American soil."


Speaking at the predawn news conference, Musk said he “was emotionally exhausted” and that the flight was “super stressful,” and the culmination of “an incredible amount of hard work and sacrifice.”

The high didn't last long.


A month later, that same spacecraft blew up during a test of its emergency abort system, sending an ominous cloud of orange smoke wafting into the Florida sky.


Greater stability at Tesla

At Tesla, everything started to stabilize once Musk had a new team he could trust to deliver in 2019.

Gone were the days when Musk moved into the manufacturing plant, overseeing mundane elements of production personally, such as the Model X production, the company’s paint shop and later the Model 3’s lagging due to overemphasis on automation.

Finally, he began to delegate, more and more, becoming more comfortable after the revolving door of executives finally left him with a team he could trust, former officials and close observers said.


The Model 3 line was ramping up and meeting delivery goals. Tesla opened a factory to produce cars in China. The stock started rising. And Musk did a dance — arms pumping, jacket tossed to the side — at an event in Shanghai celebrating the first car deliveries in China that went viral and symbolized the sudden turnaround.


Still, there are many perils ahead.


Musk faces serious questions about core pieces of Tesla’s business model that could send the company back to its near-constant volatility over the last few years, which saw the company’s stock dip to a low of $177 as recently as June. Even earlier this month, the stock rose nearly 14 percent to $887 before falling 17 percent the next day. On Friday, it closed at $901 a share.


One of Musk’s biggest tests will be the first deliveries of its new Model Y crossover. Tesla has faced questions about demand now that a $7,500 federal tax credit for electric vehicle purchases has expired. Musk acknowledged the challenges on a call with analysts last month, though it was not demand that concerned him. “We are worried about production, [making] sure we get that production ramp going and reach volume production as soon as possible,” he said.


It’s also not out of the regulatory line of fire. Tesla revealed earlier this month that the SEC had subpoenaed the company seeking records concerning “certain financial data and contracts including Tesla’s regular financing arrangements” in December, just as the agency closed the investigation into Musk’s tweets. The company separately revealed that the Department of Justice was seeking documents on Musk’s communications about taking the company private and Model 3 production. It also faces probes by the National Highway Traffic Safety Administration into safety regarding both its Autopilot assistant and alleged battery fires.


And then there’s the question of whether Musk can safely fly astronauts — a feat SpaceX hasn’t yet tried. That test is likely to come this spring, when SpaceX is expected to fly two NASA astronauts, Doug Hurley and Bob Behnken, to the International Space Station.

SpaceX completes key test of its Dragon capsule. Its first human spaceflight might come in spring.

In January, SpaceX nailed a test flight that showed off the capsule’s emergency abort system, paving the way for the first flight with crews on board. Garrett Reisman, a former NASA astronaut who worked at SpaceX for years and still serves as a consultant, said Musk and the people at SpaceX know “to never believe things are going to be as great as they are during the highs, and not as low during the lows.”

Still, he said, the abort-system test “was a huge morale boost” that fired up Musk and his whole team.


It showed. Hours after the flight, Musk, who turns 49 in June, was loose and in a good mood, holding forth before a gaggle of reporters at the Kennedy Space Center. One of them urged him to show off his dance moves, as he had done in Shanghai when Tesla opened a factory there.

But he demurred, saying maybe he would consider it once he had flown astronauts safely. “I’m not your dancing puppet!” he said, laughing.


CORRECTION: An earlier version incorrectly stated that Elon Musk was investigated after tweeting that he intended to take Tesla public. The tweet said he planned to take the publicly traded company private. In addition, a previous version of this story said the company’s stock hit a record low of $177 last June. That share price was not a record low.

Tesla’s value dropped Tuesday by more than double the cost of Twitter

October 11, 2022 0
Tesla’s value dropped Tuesday by more than double the cost of Twitter

 

Tesla’s value dropped Tuesday by more than double the cost of Twitter

Tesla’s value dropped Tuesday by more than double the cost of Twitter

SAN FRANCISCO — Elon Musk’s purchase of Twitter led to a more than $100 billion hit to Tesla’s stock Tuesday, significantly driving down the CEO’s fortune that he is plowing into his takeover of the social media giant.


Tesla’s stock dropped more than 12 percent, bringing its market capitalization down to $906 billion — compared with more than $1 trillion previously — a steep decline the day after Musk and Twitter reached an agreement for the Tesla CEO to take ownership at the company. Musk has pledged billions of dollars worth of his Tesla shares as collateral for his $44 billion takeover of Twitter. If Tesla’s value sinks, Musk could be required to shed some of his shares to meet his loan obligations, leading to a downward spiral in his net worth.


Investors have worried about how much Musk is willing to risk because he could be sacrificing a stock that has dazzled investors in pursuit of a relative underperformer in Twitter.


Analysts said Tesla, and thus Musk’s net worth, will be affected by two factors: the amount Musk has committed to the Twitter purchase, and the fears that he’ll become distracted from his role as Tesla’s chief executive. The carmaker’s stock had recently surged on a strong earnings report after Tesla reported a $3.3 billion profit and more than 300,000 quarterly deliveries despite supply chain challenges.

“Now the fears around Musk selling a slug of Tesla stock to pay for Twitter becomes an overhang for Tesla,” said Daniel Ives, an analyst at Wedbush Securities. “The easy part for Musk was winning Twitter. The hard part is going to be fixing it and dealing with the ripple effects on the golden child Tesla.”


Elon Musk acquires Twitter for roughly $44 billion

Musk’s net worth reached $270 billion last week, according to Forbes. It was down to about $240 billion by Tuesday.


Tesla’s stock saw modest dips over the period when Musk’s pursuit of Twitter became public, but did not react especially strongly in part because of doubts about whether he’d end up as owner. That changed Tuesday, the first full day of trading after the purchase announcement.

Some of the fears around Musk’s acquisition of Twitter stem from just how much Tesla stock he has put on the line for his loans. At points last year, Musk had put more than half of his Tesla shares down as collateral, according to financial filings. The Twitter purchase was expected to add to the share he was willing to risk.

Elon Musk is worth $270 billion. He’d buy Twitter with an IOU.

And Tesla has warned about the consequences of all that collateral to its stock. Tesla stock dropped precipitously last year when Musk sold around 10 percent of his shares, including $5 billion in the span of days, to cover a tax bill.


Another sell-off might send Tesla’s stock — and Musk’s finances — down further.

“If Elon Musk were forced to sell shares of our common stock that he has pledged to secure certain personal loan obligations, such sales could cause our stock price to decline,” Tesla said in its annual filing.

“We are not a party to these loans,” Tesla said. And if the stock price declined, it added, banks could demand that Musk sell shares to meet his loan requirements.

That probably would send Tesla’s stock price spiraling.

Elon Musk defends Tesla solar deal in court, calls opposing lawyer ‘a bad human being’

October 11, 2022 0
Elon Musk defends Tesla solar deal in court, calls opposing lawyer ‘a bad human being’

 

Elon Musk defends Tesla solar deal in court, calls opposing lawyer ‘a bad human being’

How Defend In Court

A group of Tesla shareholders alleges the 2016 acquisition of SolarCity, which Musk partly owned, was more for his benefit than Tesla’s

CORRECTION

An earlier version of this story incorrectly said Tesla's energy generation revenue fell in the first quarter of 2021. This version has been corrected.


WILMINGTON, Del. — Tesla chief executive Elon Musk took the stand in a Delaware court Monday to defend his company’s decision to buy solar-panel company SolarCity, arguing it was necessary not only for both companies but also for the future of the world’s climate.

He aggressively pushed back against questions from a lawyer representing a group of shareholders who allege Musk was acting in his own interest, not those of Tesla investors, when he led Tesla to acquire SolarCity for $2.6 billion in 2016. At the time, he owned a large portion of SolarCity, and it was run by two of his cousins.

“I think you are a bad human being,” Musk told the plaintiffs’ attorney, Randall Baron.

Musk insisted that the controversial deal will eventually pay off for shareholders and the global environment as Tesla refocuses on its solar-energy business in the quarters to come.


The testimony, which started Monday morning and continued through the day, was a contentious start to a trial expected to last two weeks after being delayed for more than a year because of the pandemic.

If the judge decides Musk used his influence at Tesla to push through the deal in opposition to shareholder interests, he may have to pay as much as $2 billion of his own money back to Tesla. That might not make a big financial difference to the billionaire, whose wealth is almost entirely tied up in Tesla stock anyway. But losing the trial would be a high-profile chastisement of the CEO’s brash leadership style.

Musk has long maintained that Tesla is building a top-to-bottom clean-energy company, and that buying SolarCity, which installs solar panels on residential rooftops, would eventually make business sense, even though SolarCity was struggling financially when Tesla acquired it.

Elon Musk moved to Texas and embraced celebrity. Can Tesla run on Autopilot?

Baron tried to show Musk hadn’t followed through on those commitments. Revenue at Tesla’s energy generation and storage division fell from 2018 to 2019, but has rebounded over 2020, according to the company’s financial filings.


Musk blamed Tesla’s failure to capitalize on the SolarCity acquisition on its need to refocus almost all of the company’s resources on getting its Model 3 car to market. After that, the pandemic got in the way, he said. He said he foresees Tesla Energy — the rebranded form of SolarCity — finally taking off in the quarters to come, fulfilling his vision of consumers buying panels to charge Tesla batteries that can power their homes and Tesla cars.

Baron played clips of Musk making similar projections at a 2019 deposition for the same trial and criticizing the plaintiffs for “wasting everyone’s time” with claims that would soon be proven wrong.

Baron’s questioning of Musk on Monday often led to testy exchanges between the two.

Early on, Baron sought to establish that Musk ran Tesla with a free hand in practice, despite being a minority shareholder and subject to oversight by the company’s board. He cited Musk’s 2021 move to change his official title at the company from CEO to “Technoking.”


“Well, I do have a sense of humor,” Musk replied. Then he added, smiling, “Well, I mean, I think I’m funny.”

Baron did not agree. “You didn’t just do it as a joke in a tweet,” he said. “You actually got lawyers involved in order to craft an SEC filing.” He went on, “You did that unilaterally. There was no board or committee meeting that said, ‘Hey, this would be really good for Tesla to change your name to Technoking.’ ”

Musk defended the move, saying it was in keeping with a strategy to generate free publicity for Tesla through humorous antics and that the board understood as much. “If we are entertaining, then people will write stories about us, and then we don’t have to spend money on advertising that would increase the price of our products,” he said.

At another point, Baron pressed Musk to acknowledge that he brooks no criticism at Tesla, responding to those who cross him with derision and even “rage-firings,” which Musk denied. Baron then played video clips from previous depositions in which Musk belittled and insulted Baron himself, as an example of how Musk acts according to his own personal whims rather than his firm’s best interest.

Tesla Model S Plaid erupts in flames and briefly traps owner after electronic doors fail, attorneys say

Musk took the opportunity to reiterate his claim that Baron deserves only contempt. With the judge’s permission, Musk went on to sketch a sordid history of Baron’s law firm, Robbins Geller Rudman & Dowd LLP, and his previous law firm, citing examples of criminal wrongdoing by a former partner at those firms’ predecessors. “You were mentored by criminals, then continued to be mentored by criminals,” Musk concluded.


“So you were derisive just because you didn’t like my résumé,” Baron said when Musk had finished.

That’s when Musk shot back, “I think you are a bad human being.”

The trial is taking place in Delaware chancery court, a staid environment that doesn’t allow live-streaming or tweeting from the courtroom. There is no jury, and the presiding judge is a longtime corporate law expert.

“This isn’t TV, this is before a corporate law judge whose life has been spent evaluating corporate conduct in a very clinical legal environment. You’re not playing to a jury,” said Charles Elson, a corporate governance expert and professor at the University of Delaware. Theatrics won’t work with the judge, Elson said.

“Does that kind of personality play well in a Delaware courtroom?” he said. “I don’t think it does.”

The testimony shifted focus Monday afternoon to the state of SolarCity’s finances, as Baron sought to show that Musk had hidden its poor outlook to push through an acquisition that wasn’t in Tesla’s best interest. “The reason Tesla sought to buy SolarCity at the time it did was because of SolarCity’s needs, not Tesla’s,” Baron charged.


Musk consistently denied that characterization, saying that integrating solar energy generation and battery storage was always crucial to Tesla’s plan to build for the world a more sustainable future. Even when it was in financial straits, Musk said, “I had faith in SolarCity’s future.”

Baron concluded Monday’s questioning by contesting Musk’s previous claim that he was “fully recused” from Tesla’s negotiations to acquire SolarCity. He intends to show that Musk was not only the driving force behind the deal, but pushed for a higher price tag. Musk’s testimony is expected to wrap up sometime Tuesday.