Connect with us

Published

on

Elon Musk, CEO of Tesla and X, speaks at the Atreju political convention organized by Fratelli d’Italia (Brothers of Italy), in Rome, Dec. 15, 2023.

Antonio Masiello | Getty Images

Two weeks after a Delaware court ruled that Tesla must rescind Elon Musk’s $56 billion pay package, the company’s board remains mum on what the decision means for shareholders or what’s next for the mercurial CEO.

In her 200-page opinion on Jan. 30, Chancellor Kathaleen McCormick called the pay plan the largest in public corporate history, and said it was agreed upon by people “who were beholden to Musk.” Since then, Musk has lashed out at the court, posted “Never incorporate your company in the state of Delaware” on his social media platform X, and said Tesla would hold a shareholder vote to move its site of incorporation to Texas.

Tesla hasn’t yet issued an SEC filing to notify shareholders of the ruling.

The decision came shortly after Musk indicated that he’s pushing for even more control of Tesla, posting on X in mid-January that he wanted roughly 25% voting control before turning the company into a leader in artificial intelligence and robotics. Musk is already building an AI company called xAI outside of Tesla.

The next step in the compensation case is an “implementing order” that will be hashed out between the court, Musk’s team and the lawyers representing shareholder Richard Tornetta, a former heavy metal drummer who was the plaintiff in the 2018 lawsuit filed on behalf of all Tesla investors.

As shareholders await answers, Tesla’s eight-person board, which includes Musk, his brother Kimbal, Chairwoman Robyn Denholm and former Tesla technology chief JB Straubel, has stayed silent, avoiding any public comments.

CNBC sent requests for additional information to Tesla investor relations, Musk and some board members. They all went unanswered.

Musk's future at Tesla under scrutiny

Greg Varallo, who was lead counsel for Tornetta and is head of the Delaware office of Bernstein Litowitz Berger & Grossmann, told CNBC that theoretically Musk and his legal team could still pursue a last-minute settlement. While Varallo said he has no knowledge of Musk’s plans, he said he expects Musk to appeal the decision to the Delaware state Supreme Court.

“I’d give you very high odds on that,” Varallo said.

Kobi Kastiel, a law professor at Tel Aviv University, also predicts that Musk will appeal the ruling. Kastiel wasn’t involved in the litigation but he co-authored a 2023 paper in the Washington University Law Review titled “Superstar CEOs and Corporate Law” that was cited in McCormick’s ruling.

“Given the high stakes involved, it is likely that Tesla will appeal the decision,” Kastiel said in an email. In the absence of a successful appeal, “any new compensation arrangement with him will have to be assessed” in light of McCormick’s decision, Kastiel said.

‘Bunch of options would be returned’

In the 2018 CEO compensation plan, Tesla’s board awarded Musk a dozen tranches of stock options that would finish vesting in 2022 and were based on milestones, including many focused on stock price increases.

Between the beginning of 2018 and the end of 2022, Tesla shares soared almost 500% as Musk promised to turn Tesla into not just a dominant EV brand, but a robotaxi company and solar juggernaut, among other things. The S&P 500 gained 44% over that stretch, while the Nasdaq rose 52%.

Eric Talley, a professor at Columbia Law School, told CNBC that, should the ruling stand, Musk will lose his options but not any shares he previously held. The move would decrease the number of shares outstanding, potentially bolstering the value of each share held by investors.

“A bunch of options would be returned to Tesla’s coffers, which is hugely accretive to stock value,” said Talley, who wasn’t involved in the case. On the other hand, Talley pointed out, “Tesla has a very grumpy CEO who might want to take his ball and go home. Thus far, trading suggests those two factors have been a wash.”

Tesla shares are down slightly since the Delaware court’s decision in late January. They’re down close to 25% for the year, while major indexes are up.

Musk voiced a strong preference for moving his businesses out of Delaware following the court’s decision, and encouraged others to do so as well.

He moved the incorporation location for his brain computer interface company, Neuralink, from Delaware to Nevada, filings revealed last week. He’s also been a big proponent of Texas in recent years, personally relocating there from California, and building massive complexes for SpaceX and Tesla in the state, which has no personal income taxes and a much lower business tax rate.

Author Walter Isaacson, who published a 688-page biography on Musk last year, told CNBC’s “Squawk Box” on Monday that if the ruling doesn’t get overturned, “it’s going to hurt Delaware.”

“People will say, ‘Wait, wait, you mean five years after something happens, eight years after something happens, you’ll go back and undo it?'” Isaacson said.

Tulane Law School professor Ann Lipton had a different take.

Tulane Law professor Ann Lipton on Elon Musk's pay package, legal impact of Tesla's move to Texas

“It’s a very thorough opinion and the Supreme Court should give great deference to the factual findings of the trial court,” Lipton said.

In terms of what shareholders should ask of Tesla’s board now, Kastiel said, “Tornetta and recent media reports on Musk have emphasized the importance of accurate and detailed disclosure of the ties between controlling shareholders and directors.”

There’s a more fundamental concern at play, Kastiel said, regarding corporate governance in cases where a “superstar CEO” is running the show.

“As long as the CEO is perceived as a star and the company depends on the CEO’s vision and leadership, even nominally independent directors — those without strong ties to the CEO — will have difficulty monitoring the CEO’s conduct,” he said.

Kastiel also said that the decision likely makes Musk and Tesla more vulnerable to other types of lawsuits.

“Plaintiffs may have a better chance of advancing their claims by potentially leveraging the Tornetta findings to argue that the majority of the Tesla board is not independent of Musk,” he said. “To mitigate this risk, Tesla will need to significantly enhance the independence of its board and nominate new independent directors who do not have strong ties to Musk.”

WATCH: Elon Musk has a lot of ‘incoming missiles’ from all sides, says Isaacson

Elon Musk has a lot of 'incoming missiles' from all sides, says Musk biographer Walter Isaacson

Continue Reading

Technology

Ether and related stocks gain amid the latest crypto craze: Tokenization

Published

on

By

Ether and related stocks gain amid the latest crypto craze: Tokenization

A representation of cryptocurrency Ethereum is placed on a PC motherboard in this illustration taken on June 16, 2023.

Dado Ruvic | Reuters

Stocks tied to the price of ether, better known as ETH, were higher on Wednesday, reflecting renewed enthusiasm for the crypto asset amid a surge of interest in stablecoins and tokenization.

BitMine Immersion Technologies, a bitcoin miner that announced plans this week to make ETH its primary treasury reserve asset, jumped about 20%. It’s gained more than 1,000% since the announcement. Betting platform SharpLink Gaming, which has also initiated an ETH treasury strategy, added more than 11%. Bit Digital, which last week exited bitcoin mining to focus on its ETH treasury and staking plans, jumped more than 6%.

“We’re finally at the point where real use cases are emerging, and stablecoins have been the first version of that at scale but they’re going to open the door to a much bigger story around tokenizing other assets and using digital assets in new ways,” Devin Ryan, head of financial technology research at Citizens.

On Tuesday, as bitcoin ETFs snapped a 15-day streak of inflows, ether ETFs saw $40 million in inflows led by BlackRock’s iShares Ethereum Trust. ETH ETFs came back to life in June after much concern that they were becoming zombie funds.

The price of the coin itself was last higher by 5%, according to Coin Metrics, though it’s still down 24% this year.

Ethereum has been struggling with an identity crisis fueled by uncertainty about the network’s value proposition, weaker revenue since its last big technical upgrade and increasing competition from Solana. Market volatility, driven by geopolitical uncertainty this year, has not helped.

The Ethereum network’s smart contracts capability makes it a prominent platform for the tokenization of traditional assets, which includes U.S. dollar-pegged stablecoins. Fundstrat’s Tom Lee this week called Ethereum “the backbone and architecture” of stablecoins. Both Tether (USDT) and Circle‘s USD Coin (USDC) are issued on the network.

Fundstrat's Tom Lee on being named chairman of BitMine Immersion Technologies

BlackRock’s tokenized money market fund (known as BUIDL, which stands for USD Institutional Digital Liquidity Fund) also launched on Ethereum last year before expanding to other blockchain networks.

Tokenization is the process of issuing digital representations on a blockchain network of publicly traded securities, real world assets or any other form of value. Holders of tokenized assets don’t have outright ownership of the assets themselves.

The latest wave of interest in ETH-related assets follows an announcement by Robinhood this week that it will enable trading of tokenized U.S. stocks and ETFs across Europe, after a groundswell of interest in stablecoins throughout June following Circle’s IPO and the Senate passage of its proposed stablecoin bill, the GENIUS Act.

Ether, which turns 10 years old at the end of July, is sitting about 75% off its all-time high.

Don’t miss these cryptocurrency insights from CNBC Pro:

Continue Reading

Technology

China’s Honor launches new challenge to Samsung with thin foldable smartphone and a big battery

Published

on

By

China's Honor launches new challenge to Samsung with thin foldable smartphone and a big battery

Honor launched the Honor Magic V5 on Wednesday July 2, as it looks to challenge Samsung in the foldable space.

Honor

Honor on Wednesday touted the slimness and battery capacity of its newly launched thin foldable phone, as it lays down a fresh challenge to market leader Samsung.

The Honor Magic V5 goes will initially go on sale in China, but the Chinese tech firm will likely bring the device to international markets later this year.

The company, which spun off from Chinese tech giant Huawei in 2020, is looking to stand out from rivals with key features of the Magic V5, like artificial intelligence, battery and size.

Honor said the Magic V5 is 8.8 mm to 9mm when folded, depending on the color choice. The phone’s predecessor, the Magic V3 — Honor skipped the Magic V4 name — was 9.2 mm when folded. Honor said the Magic V5 weighs 217 grams to 222 grams, again, depending on the color model. The previous version was 226 grams.

In China, Honor will launch a special 1 terabyte storage size version of the Magic V5, which it says will have a battery capacity of more than 6000 milliampere-hour — among the highest for foldable phones.

Honor has tried hard to tout these features, as competition in foldables ramps up, even as these types of devices have a very small share of the overall smartphone market.

Honor vs. Samsung

Foldables represented less than 2% of the overall smartphone market in 2024, according to International Data Corporation. Samsung was the biggest player with 34% market share followed by Huawei with just under 24%, IDC added. Honor took the fourth spot with a nearly 11% share.

Honor is looking to get a head start on Samsung, which has its own foldable launch next week on July 9.

Francisco Jeronimo, a vice president at the International Data Corporation, said the Magic V5 is a strong offering from Honor.

“This is the dream foldable smartphone that any user who is interested in this category will think of,” Jeronimo told CNBC, pointing to features such as the battery.

“This phone continues to push the bar forward, and it will challenge Samsung as they are about to launch their seventh generation of foldable phones,” he added.

The thinness of a foldable phone has become a battleground for smartphone makers to appeal to consumers who want the large screen size the device has to offer without extra weight.

At its event next week, Samsung is expected to release a foldable that is thinner than its predecessor and could come close to challenging Honor’s offering by way of size, analysts said. If that happens, then Honor will be facing more competition, especially against Samsung, which has a bigger global footprint.

“The biggest challenge for Honor is the brand equity and distribution reach vs Samsung, where the Korean vendor has the edge,” Neil Shah, co-founder of Counterpoint Research, told CNBC.

Honor’s push into international markets beyond China is still fairly young, with the company looking to build up its brand.

“Further, if Samsung catches up with a thinner form-factor in upcoming iterations, as it has been the real pioneer in foldables with its vertical integration expertise from displays to batteries, the differentiating factor might narrow for Honor,” Shah added.

Vertical integration refers to when a company owns several parts of a product’s supply chain. Samsung has a display and battery business which provides the components for its foldables.

Honor talks up AI

Smartphone players, including Honor, have also looked to stand out via the AI features available on their device.

In March, Honor pledged a $10 billion investment in AI over the next five years, with part of that going toward the development of next-generation agents that are seen as more advanced personal assistants.

Honor said its AI assistant Yoyo can interact with other AI models, such as those created by DeepSeek and Alibaba in China, to create presentation decks.

The company also flagged its AI agent can hail a taxi ride across multiple apps in China, automatically accepting the quickest ride to arrive? and cancelling the rest.

Continue Reading

Technology

AI virtual personality YouTubers, or ‘VTubers,’ are earning millions

Published

on

By

AI virtual personality YouTubers, or ‘VTubers,’ are earning millions

One of the most popular gaming YouTubers is named Bloo, and has bright blue wavy hair and dark blue eyes. But he isn’t a human — he’s a fully virtual personality powered by artificial intelligence.

“I’m here to keep my millions of viewers worldwide entertained and coming back for more,” said Bloo in an interview with CNBC. “I’m all about good vibes and engaging content. I’m built by humans, but boosted by AI.”

Bloo is a virtual YouTuber, or VTuber, who has built a massive following of 2.5 million subscribers and more than 700 million views through videos of him playing popular games like Grand Theft Auto, Roblox and Minecraft. VTubers first gained traction in Japan in the 2010s. Now, advances in AI are making it easier than ever to create VTubers, fueling a new wave of virtual creators on YouTube.

The virtual character – whose bright colors and 3D physique look like something out of a Pixar film or the video game Fortnite – was created by Jordi van den Bussche, a long time YouTuber also known as kwebbelkop. Van den Bussche created Bloo after finding himself unable to keep up with the demands of content creation. The work no longer matched the output.

“Turns out, the flaw in this equation is the human, so we need to somehow remove the human,” said van den Bussche, a 29-year old from Amsterdam, in an interview. “The only logical way was to replace the human with either a photorealistic person or a cartoon. The VTuber was the only option, and that’s where Bloo came from.”

Jordi Van Den Bussche, YouTuber known as Kwebbelkop.

Courtesy: Jordi Van Den Bussche

Bloo has already generated more than seven figures in revenue, according to van den Bussche. Many VTubers like Bloo are “puppeteered,” meaning a human controls the character’s voice and movements in real time using motion capture or face-tracking technology. Everything else, from video thumbnails to voice dubbing in other languages, is handled by AI technology from ElevenLabs, OpenAI’s ChatGPT, Google’s Gemini and Anthropic’s Claude. Van den Bussche’s long-term goal is for Bloo’s entire personality and content creation process to be run by AI.

Van den Bussche has already tested fully AI-generated videos on Bloo’s channel, but says the results have not yet been promising. The content doesn’t perform as well because the AI still lacks the intuition and creative instincts of a human, he said. 

“When AI can do it better, faster or cheaper than humans, that’s when we’ll start using it permanently,” van den Bussche said.

The technology might not be far away.

Startup Hedra offers a product that uses AI technology to generate videos that are up to five minutes long. It raised $32 million in a funding round in May led by Andreessen Horowitz’s Infrastructure fund.

Hedra’s product, Character-3, allows users to create AI-generated characters for videos and can add dialogue and other characteristics. CEO Michael Lingelbach told CNBC Hedra is working on a product that will allow users to create self-sustaining, fully-automated characters.

Hedra’s product Character-3 allows users to make figures powered by AI that can be animated in real-time.

Hedra

“We’re doing a lot of research accelerating models like Character-3 to real time, and that’s going to be a really good fit for VTubers,” Lingelbach said. 

Character-3’s technology is already being used by a growing number of creators who are experimenting with new formats, and many of their projects are going viral. One of those is comedian Jon Lajoie’s Talking Baby Podcast, which features a hyper-realistic animated baby talking into a microphone. Another is Milla Sofia, a virtual singer and artist whose AI-generated music videos attract thousands of views. 

Talking Baby Podcast

Source: Instagram | Talking Baby Podcast

These creators are using Character-3 to produce content that stands out on social media, helping them reach wide audiences without the cost and complexity of traditional production.

AI-generated video is a rapidly evolving technology that is reshaping how content is made and shared online, making it easier than ever to produce high-quality video without cameras, actors or editing software. In May, Google announced Veo 3, a tool that creates AI-generated videos with audio.

Google said it uses a subset of YouTube content to train Veo 3, CNBC reported in June. While many creators said they were unaware of the training, experts said it has the potential to create an intellectual property crisis on the platform.

Faceless AI YouTubers

Creators are increasingly finding profitable ways to capitalize on the generative AI technology ushered in by the launch of OpenAI’s ChatGPT in late 2022.

One growing trend is the rise of faceless AI channels. These are run by creators who use these tools to produce videos with artificially generated images and voiceover that can sometimes earn thousands of dollars a month without them ever appearing on camera.

“My goal is to scale up to 50 channels, though it’s getting harder because of how YouTube handles new channels and trust scores,” said GoldenHand, a Spain-based creator who declined to share his real name.

Working with a small team, GoldenHand said he publishes up to 80 videos per day across his network of channels. Some maintain a steady few thousand views per video while others might suddenly go viral and rack up millions of views, mostly to an audience of those over the age of 65.

GoldenHand said his content is audio-driven storytelling. He describes his YouTube videos as audiobooks that are paired with AI-generated images and subtitles. Everything after the initial idea is created entirely by AI.

He recently launched a new platform, TubeChef, which gives creators access to his system to automatically generate faceless AI videos starting at $18 a month.

“People think using AI means you’re less creative, but I feel more creative than ever,” he said. “Coming up with 60 to 80 viral video ideas a day is no joke. The ideation is where all the effort goes now.”

AI Slop

As AI-generated content becomes more common online, concerns about its impact are growing. Some users worry about the spread of misinformation, especially as it becomes easier to generate convincing but entirely AI-fabricated videos.

“Even if the content is informative and someone might find it entertaining or useful, I feel we are moving into a time where … you do not have a way to understand what is human made and what is not,” said Henry Ajder, founder of Latent Space Advisory, which helps business navigate the AI landscape.

Others are frustrated by the sheer volume of low-effort, AI content flooding their feeds. This kind of material is often referred to as “AI slop,” low-quality, randomly generated content made using artificial intelligence. 

Google DeepMind Veo 3.

Courtesy: Google DeepMind

“The age of slop is inevitable,” said Ajder, who is also an AI policy advisor at Meta, which owns Facebook and Instagram. “I’m not sure what we do about it.”

While it’s not new, the surge in this type of content has led to growing criticism from users who say it’s harder to find meaningful or original material, particularly on apps like TikTok, YouTube and Instagram.

“I am actually so tired of AI slop,” said one user on X. “AI images are everywhere now. There is no creativity and no effort in anything relating to art, video, or writing when using AI. It’s disappointing.”

However, the creators of this AI content tell CNBC that it comes down to supply and demand. As the AI-generated content continues to get clicks, there’s no reason to stop creating more of it, said Noah Morris, a creator with 18 faceless YouTube channels.

Some argue that AI videos still have inherent artistic value, and though it’s become much easier to create, slop-like content has always existed on the internet, Lingelbach said.

“There’s never been a barrier to people making uninteresting content,” he said. “Now there’s just more opportunity to create different kinds of uninteresting content, but also more kinds of really interesting content too.”

Continue Reading

Trending