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Former Twitter exec Nick Caldwell is suing Elon Musk and X, alleging a breach of contract and a failure to pay severance and benefits he was owed after resigning from the company in 2022.

In the suit, filed in a California federal court on Wednesday, attorneys for Caldwell claimed that, following the close of Musk’s $44 billion acquisition of Twitter, the company “cheated Mr. Caldwell and other executives out of a combined $200,000,000 in severance benefits by falsely accusing them of misconduct and purporting to fire them for ‘Cause.'”

Caldwell’s suit is similar to one filed by former Twitter executives, including ex-CEO Parag Agrawal, who claim they are owed $128 million in unpaid severance.

Caldwell is now chief product officer for Peloton and sits on the board of several other tech ventures, according to his LinkedIn profile. He previously managed a team of hundreds of engineers at Twitter as general manager of the Red Bird, or core tech, organization.

According to the complaint, Caldwell worked to retain key talent at Twitter up to the completion of the buyout, and then sent a letter to the company on Oct. 28, 2022, indicating that he was resigning “for good reason.” Two days earlier, Musk tweeted a video of his entrance into the company’s headquarters, and wrote, “Entering Twitter HQ — let that sink in!” Musk later changed the company name to X.

Twitter accepted Caldwell’s resignation, which triggered a “Twitter Change of Control and Involuntary Termination Protection Policy,” for executives leaving the company in good standing, Caldwell’s attorneys argued.

Twitter told Caldwell his last day of employment would be Nov. 27, a month after his resignation letter. The company cut off his access to internal systems immediately and didn’t stay in communication with him, the complaint says. By Nov. 27, Twitter was claiming that Caldwell was terminated for cause.

“With no factual basis, Musk simply accused Mr. Caldwell of misconduct as a ploy to evade paying him millions of dollars in severance benefits that Musk/Twitter owed to Mr. Caldwell,” his attorneys wrote.

The suit notes that Musk brought in a number of relatives, investors and current and former employees from his other companies, SpaceX and Tesla, including some who worked “to deny the severance claims filed by Mr. Caldwell and the other executives as part of the severance benefit plan administration process.”

The suit names Brian Bjelde and Lindsay Chapman who work at SpaceX, and Dhruv Batura who previously worked in finance at Tesla, as defendants alongside Musk.

Caldwell’s attorneys say in the filing their client is owed around $19.3 million in severance benefits plus interest, and around half a million dollars, which represents the value of restricted stock units that he should have been paid in November 2022, and interest of around $3 million, plus attorneys’ fees.

Musk and X didn’t immediately respond to requests for comment. Caldwell’s attorneys declined to comment and referred CNBC to the filing.

A few days before his resignation from Twitter, Caldwell shared a post on social media saying, “My wife and soulmate Tia Caldwell passed away suddenly the 15th of October. She was only 39 years old yet lived a full beautiful and accomplished life overflowing with love.” The suit doesn’t mention the death of his wife.

Read the full complaint — Nicholas Caldwell v. Elon Musk, X Corp. et al (Case 3:24-cv-02022) — below.

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After Adobe collapse, Figma deal allows employees to sell shares at $12.5 billion valuation

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After Adobe collapse, Figma deal allows employees to sell shares at .5 billion valuation

Dylan Field, co-founder and CEO of Figma, speaks at the startup’s Config conference in San Francisco on May 10, 2022.

Figma

Figma, a cloud-based design tool company, said Thursday it will allow investors, including current and former employees, to sell their shares in a tender offer that values the company at $12.5 billion.

That’s up 25% from the valuation at which the company fundraised in 2021, but below the $20 billion acquisition offer Adobe made in 2022. Adobe and Figma called off the planned acquisition in December following regulatory scrutiny.

The San Francisco-based startup expects the size of the tender to be between $600 million and $900 million, with support from more than 25 current and new investors. A16z, Sequoia and Kleiner Perkins are participating in the offer.

Figma is used by tens of thousands of employees inside Microsoft, which spends millions per year on its deployment. GoogleOracle and Salesforce also use the company’s software.

In June 2021, during the heyday of mega financings, Figma was valued at $10 billion in a funding round that included participation from Morgan Stanley’s Counterpoint Global. That was before the 2022 market plunge sent many cloud stocks down by more than half and largely halted pre-IPO rounds.

Adobe initially said acquiring Figma would be a natural complement to the company’s portfolio, writing in the original announcement that “the combination of Adobe and Figma will usher in a new era of collaborative creativity.” In December, a regulatory filing said Adobe would pay Figma a $1 billion breakup fee.

— CNBC’s Jordan Novet contributed to this report.

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Meta slapped with child safety probe under sweeping EU tech law

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Meta slapped with child safety probe under sweeping EU tech law

Mark Zuckerberg, CEO of Meta testifies before the Senate Judiciary Committee at the Dirksen Senate Office Building on January 31, 2024 in Washington, DC.

Alex Wong | Getty Images

Facebook parent company Meta on Thursday was hit with a major investigation from the European Union into alleged breaches of the bloc’s strict online content law over child safety risks.

The European Commission, the EU’s executive body, said in a statement that it is investigating whether the social media giant’s Facebook and Instagram platforms “may stimulate behavioural addictions in children, as well as create so-called ‘rabbit-hole effects’.”

The Commission added that it is concerned about age verifications on Meta’s platforms, as well as privacy risks linked to the company’s recommendation algorithms.

“We want young people to have safe, age-appropriate experiences online and have spent a decade developing more than 50 tools and policies designed to protect them,” a Meta spokesperson told CNBC by email.

“This is a challenge the whole industry is facing, and we look forward to sharing details of our work with the European Commission.”

The Commission said that its decision to initiate an investigation comes of the back of a preliminary analysis of risk assessment report provided by Meta in September 2023.

Thierry Breton, the EU’s commissioner for internal market, said in a statement that the regulator is “not convinced [that Meta] has done enough to comply with the DSA obligations to mitigate the risks of negative effects to the physical and mental health of young Europeans on its platforms.”

The EU said it will carry out an in-depth investigation into Meta’s child protection measures “as a matter of priority.” The bloc can continue to gather evidence via requests for information, interviews, or inspections.

The initiation of a DSA probe allows the EU to take further enforcement steps, including interim measures and non-compliance decisions, the Commission said. The Commission added it can also consider commitments made by Meta to remedy its concerns.

Meta and fellow U.S. tech giants have been increasingly finding themselves in the spotlight of EU scrutiny since the introduction of the bloc’s landmark Digital Services Act, a ground-breaking law from the European Commission seeking to tackle harmful content.

Under the EU’s DSA, companies can be fined up to 6% of their global annual revenues for violations. The bloc is yet to issue fines to any tech giants under its new law.

In December 2023, the EU opened infringement proceedings into X, the company previously known as Twitter, over suspected failure to combat content disinformation and manipulation.

The Commission is also investigating Meta over alleged infringements of the DSA related to its handling of election disinformation.

In April, the bloc launched a probe into the firm and said it’s concerned Meta hasn’t done enough to combat disinformation ahead of upcoming European Parliament elections.

The EU is not the only authority taking action against Meta over child safety concerns.

In the U.S., the attorney general of New Mexico is suing the firm over allegations that Facebook and Instagram enabled child sexual abuse, solicitation, and trafficking.

A Meta spokesperson at the time said that the company deploys “sophisticated technology” and takes other preventive steps to root out predators.

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Microsoft offers relocation to hundreds of China-based AI staff amid U.S.-China tech tensions

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Microsoft offers relocation to hundreds of China-based AI staff amid U.S.-China tech tensions

A man walks past Microsoft’s local headquarters in Beijing on July 20, 2021. 

Noel Celis | Afp | Getty Images

Microsoft has reportedly asked China-based cloud computing and artificial intelligence operations employees to consider relocating out of the country, as Washington cracks down on Beijing’s access to the advanced technology. 

The Wall Street Journal broke the story on Thursday, reporting that the staff, mostly comprising Chinese engineers, had been offered the opportunity to transfer to countries including the U.S., Ireland, Australia, and New Zealand, according to unnamed sources. 

One source told WSJ that Microsoft had made the offer to about 700 to 800 people in total who were involved in machine learning and other work related to cloud computing. 

CNBC could not independently verify the report.

In a statement shared with CNBC, a Microsoft spokesperson confirmed that the company had “shared an optional internal transfer opportunity with a subset of employees” without supplying details on the number and affiliation of staff affected.

“We remain committed to the region and will continue to operate in this and other markets where we have a presence,” the spokesperson said, adding that the potential transfers would not impact operations.

Microsoft employs roughly 7,000 engineers for its Asia-Pacific research-and-development group, with most of this workforce based in China, the WSJ reports.

The move comes amid U.S. efforts to prevent China from developing cutting-edge AI technology, which could be used for military purposes. In the past two years, the U.S. has placed waves of restrictions on China limiting its ability to buy advanced chips and chip-making equipment that can be deployed to train AI models. 

Watch CNBC's full interview with Jefferies' Brent Thill on Microsoft and Alphabet earnings

Now, the Biden administration is looking to place new guardrails on the export of advanced AI models, such as the large language model that powers Microsoft-backed ChatGPT, according to recent reports. 

There is currently little government oversight stopping companies like Microsoft, one of the U.S.’s largest cloud-computing and AI players, from selling or offering AI model services to foreign entities. 

The U.S. reportedly fears that AI models, which mine vast amounts of data to generate content, could be used for cyber attacks or to create biological weapons.

Earlier this year, Microsoft released a report stating that state-backed hackers from Russia, China, and Iran had been using tools from OpenAI to hone their skills and support their hacking campaigns. 

Microsoft has been deeply ingrained in China for more than three decades, even as other Western tech companies were pushed out by strict regulation. The company says that China is home to its largest R&D center outside of the U.S.

Read the full report from Wall Street Journal.

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