Elon Musk, chief executive officer of Tesla Inc., departs court in San Francisco, California, US, on Tuesday, Jan. 24, 2023.
Marlena Sloss | Bloomberg | Getty Images
The SEC argued in a letter to the U.S. Court of Appeals for the Second Circuit in New York this week that Tesla CEO Elon Musk still needs a so-called “Twitter sitter,” and that an earlier settlement agreement between them is fully constitutional and valid.
Now a centi-billionaire, Musk in 2018 wrote on Twitter that he had “funding secured” to take his electric vehicle company private for $420 per share, and that “investor support” for such a deal was “confirmed.” Tesla trading halted after his tweets, and the price of shares in the automaker see-sawed for weeks.
When the SEC charged him with civil securities fraud in response to those tweets, Musk and Tesla settled, signing a revised consent decree in 2019. As part of the settlement, Tesla and Musk each agreed to pay $20 million fines, and Musk agreed to relinquish his role as chairman of the board at Tesla for three years.
Among other terms, Musk agreed to a “Twitter sitter,” colloquially speaking. He was supposed to work with a securities lawyer at Tesla who would review and approve his tweets before he posted them in any instance when they may contain material business information about the company.
After they struck this agreement, Elon Musk has repeatedly said that he doesn’t respect the Securities and Exchange Commission (SEC), and in a series of press interviews and depositions suggested that nobody reviews his tweets before he posts them.
Musk and his attorney, Alex Spiro, have argued since their settlement that the SEC effectively intimidated Musk into signing it, and that the terms of even the revised consent decree amount to “unconstitutional” infringement on Musk’s free speech rights.
With the appeal in the Second Circuit, Musk is trying to unwind at least some terms of the earlier SEC settlement agreement.
Earlier this week, Spiro submitted a letter that court in New York saying that a jury verdict in a separate, shareholder class action trial that concluded recently in a San Francisco federal court should be given consideration in the appearl. During the shareholder class action trial, Spiro and Musk convinced jurors that the Tesla CEO did not violate certain securities laws with his tweets in 2018.
In its reply letter this week, the SEC argued that “Musk waived his opportunity to test the Commission’s allegations at trial when he voluntarily agreed (twice) to a consent judgment.”
They also argue that the verdict in San Francisco “says nothing about the continuing public interest in a negotiated settlement term that does not preclude Musk from tweeting accurately about Tesla or other topics, but rather requires Tesla to review Musk’s Tesla-related communications before publication, including through Musk’s Twitter feed — a communication channel designated by Tesla for disclosure.”
The SEC lawyers also questioned whether there is any legal basis to consider undoing the settlement all these years later.
An oral argument for the appeal is slated for some time this spring, but a final date has not been set.
Illustration of the SK Hynix company logo seen displayed on a smartphone screen.
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South Korea’s SK Hynix on Thursday topped quarterly revenue and operating profit estimates, with demand for its high bandwidth memory offerings used in generative artificial intelligence chipsets remaining robust.
Here are SK Hynix’s first-quarter results versus LSEG SmartEstimates:
Revenue: 17.64 trillion won ($12.36 billion) vs. 17.26 trillion won
Operating profit: 7.44 trillion won vs. 6.62 trillion won
Revenue rose about 42% in the March quarter compared with the same period a year earlier, while operating profit surged 158%, year on year.
On a quarter-on-quarter basis, revenue dropped 11%, while operating profit fell 8% from a record high in the December quarter.
The company warned that macroeconomic uncertainties including tariff policy have created demand volatility that will impact the second half of the year.
SK Hynix is a leading supplier of dynamic random access memory — a type of semiconductor memory found in PCs, workstations and servers that is used to store data and program code.
In its earnings release, SK Hynix said that its first-quarter profits demonstrated AI’s impact in the memory market as well as company’s leading position.
The memory chipmaker expects Big Tech’s spending on AI to continue, with the ecosystem’s expansion to be driven by open-source AI model offerings, and “sovereign AI projects” that will stoke memory demand.
SK Hynix has benefitted from a boom in artificial intelligence servers as a key supplier of high bandwidth memory, or HBM — a type of DRAM used in artificial intelligence servers — to clients such as the U.S. AI darling Nvidia. Micron Technology and Samsung Electronics are the other players in the space.
A report from Counterpoint Research earlier this month said that SK Hynix had captured 70% of the HBM market by revenue share in the first quarter.
This HBM dominance helped it overtake Samsung in the overall DRAM market for the first time ever, with a 36% global market share as compared to Samsung’s 34%, the report added.
A cartoon image of US President-elect Donald Trump with cryptocurrency tokens, depicted in front of the White House to mark his inauguration, displayed at a Coinhero store in Hong Kong, China, on Monday, Jan. 20, 2025.
Paul Yeung | Bloomberg | Getty Images
The $TRUMP meme coin jumped more than 50% on Wednesday after the top 220 holders of the token were promised dinner with the president.
“Have Dinner in Washington, D.C. With President Trump,” reads a message on the front page of the Trump coin’s website. The dinner — black tie optional — is scheduled for May 22, with a reception for the top 25 wallets. A “VIP White House Tour” will take place the following day, the site says.
The price spike gives the $TRUMP coins in circulation a total value of $2.7 billion. It had by far the biggest move of any cryptocurrency, outpacing Sui, which is up 23%, according to CoinMarketCap.
Read more about tech and crypto from CNBC Pro
The Trump coin debuted in January, just ahead of the inauguration, offering an early indication of the president’s willingness to embrace crypto and the wealth creation it offers him and his family. The project’s market cap soared to $15 billion almost instantly, fueled by Trump’s posts on Truth Social and X declaring, “It’s time to celebrate everything we stand for: WINNING!” Within days it had lost most of its value.
First Lady Melania Trump launched her own coin — $MELANIA — as well. It briefly topped $2 billion in market value before crashing alongside $TRUMP.
Shortly after the launch of the $TRUMP and $MELANIA coins, the SEC issued guidance stating that meme tokens don’t qualify as securities, effectively shielding the projects from immediate regulatory scrutiny.
So far, just 20% of $TRUMP’s supply has been available to trade. The remaining 80% — held by insiders — remains locked under a three-year vesting schedule. The first tranche is scheduled to unlock soon, freeing up millions of dollars worth of tokens for sale and potentially allowing President Trump and project insiders to cash in on Wednesday’s pop.
As with most meme coins, there is no underlying product or service. The project’s website claims that 80% of the token supply is held by the Trump Organization and affiliated entities.
IBM CEO Arvind Krishna speaks at the SXSW conference in Austin, Texas, on March 11, 2025.
Andy Wenstrand | Sxsw Conference & Festivals | Getty Images
IBM reported better-than-expected earnings and revenue for the first quarter on Wednesday.
Here’s how the company performed:
Earnings per share: $1.60 adjusted vs. $1.40 expected
Revenue: $14.54 billion vs. $14.4 billion expected
Revenue increased 0.6% in the quarter from $14.5 billion a year earlier, according to a statement. Net income slid to $1.06 billion, or $1.12 per share, from $1.61 billion, or $1.72 per share, in the same quarter a year ago.
For 2025, IBM reiterated its expectation for $13.5 billion in free cash flow and 5% revenue growth at constant currency. At current exchange rates, currency will provide 150 basis points of benefit for 2025 growth, down from the company’s forecast of 200 basis points in January.
Management called for $16.4 billion to $16.75 billion in second-quarter revenue. The middle of the range, $16.58 billion, is ahead of the LSEG consensus of $16.33 billion.
“We remain bullish on the long-term growth opportunities for technology and the global economy,” IBM CEO Arvind Krishna said in the statement. “While the macroeconomic environment is fluid, based on what we know today, we are maintaining our full-year expectations for revenue growth and free cash flow.”
In the first quarter, software revenue rose 7% to $6.34 billion, in line with the consensus among analysts polled by StreetAccount. The hybrid cloud software category that includes Red Hat grew 12%, compared with 16% in the fourth quarter.
IBM’s consulting unit contributed $5.07 billion in revenue, which was down 2% and slightly above StreetAccount’s $5.05 billion consensus.
The company’s infrastructure division, which includes mainframe computers, posted a 6% decline in revenue to $2.89 billion, higher than the $2.76 billion consensus. Earlier this month, IBM introduced its z17 mainframe. Infrastructure revenue growth generally picks up as customers adopt the next generation and then drifts down late in the cycle.
IBM has been an outperformer this year as the broader market has sold off due largely to concerns around President Donald Trump’s tariffs and their potential impact on the economy. As of Wednesday’s close, IBM shares were up 11%, while the Nasdaq was down almost 14%.
The stock slipped 6% in extended trading.
No one is immune from fallout from President Trump’s tariffs on imported goods, the company’s finance chief, Jim Kavanaugh, said in an interview with CNBC’s Jon Fortt.
IBM’s customers are prioritizing efficient spending and the preservation of cash, Kavanaugh told the Wall Street Journal. The U.S. Department of Governmental Efficiency had delayed or nixed 15 federal contracts, he told Bloomberg.
Executives will discuss the results with analysts on a conference call starting at 5 p.m. ET.
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