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Elon Musk, Chief Executive Officer of SpaceX and Tesla and owner of X speaks during the Milken Conference 2024 Global Conference Sessions at The Beverly Hilton in Beverly Hills, California, U.S., May 6, 2024.

David Swanson | Reuters

Tesla’s annual meeting on Thursday in Austin, Texas, will feature a final vote on a contentious proposal asking shareholders to “ratify the 100% performance-based stock option award to Elon Musk” granted in 2018.

Even if investors back the measure, the courts will have the last say.

The proposal, one of a dozen for shareholders to consider, is on the ballot because a Delaware court in January ordered the Tesla CEO’s compensation package to be rescinded. The pay package included performance-based stock options previously worth around $56 billion.

Judge Kathaleen McCormick found that Tesla’s board members lacked independence from Musk, failed to properly negotiate at arm’s length with the CEO and didn’t to give shareholders the full picture before asking them to vote on his 2018 pay plan.

Ann Lipton, a corporate and securities law trial attorney who now teaches at Tulane Law School, said shareholders aren’t in a position to overturn the judge’s ruling.

“Some people apparently believe (incorrectly) that a vote in favor will settle the legal disputes,” Lipton told CNBC in an email. “It won’t. It will make them more complicated.”

A vote to reinstate the pay plan would serve as a public relations win for Musk, who’s dealing with a host of major challenges at Tesla and beyond. The electric vehicle maker is mired in a sales decline due to an aging lineup, increased competition especially in China and brand deterioration that a recent survey attributed partly to Musk’s “antics” and “political rants.”

Large institutional investors, including CalPERS and CalSTRS (California’s giant retirement systems) as well as Norway’s Sovereign Wealth Fund and SOC Investment Group have come out staunchly against voting for the pay plan.

“The compensation is excessive when compared to executives at peer companies, highly dilutive to shareholders, and isn’t tied to the long-term profitability of Tesla,” CalPERS CEO Marcie Frost said in a statement on Wednesday.

By contrast, Tesla said in an April proxy filing that it’s heard from several institutional shareholders who disagreed with the court’s decision, and indicated they would support a vote to reinstate Musk’s pay package.

Sarath Sanga, a Yale Law School professor, said the proposal to ratify Musk’s pay plan is an effort by the company to fix what the court determined was a “defective process” under the 204 statute of Delaware business law.

You need to have an independent board negotiating with the CEO, and then you need to submit all the proper details for a vote,” Sanga said. “The court said they didn’t. And it’s likely that even a majority vote for ratification will be challenged and require more judicial review.”

A resounding shareholder vote in favor of the pay plan could help Musk sway a court to give him the options in the future, Sanga noted.

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Most Tesla shareholders had to submit their votes by the end of the day on Wednesday. Others in attendance are eligible to vote in person or online on Thursday.

In addition to the pay package vote, Tesla shareholders will also decide whether the company should move the site of incorporation out of Delaware, where most large publicly traded companies are incorporated, and into Texas, home to Tesla’s largest U.S. factory.

Musk’s recommendation that the company should move followed McCormick’s decision in the Delaware Chancery court.

Shareholders have also put forward a proposal asking Tesla to conduct “annual reporting on anti-harassment and discrimination efforts.” The company has asked investors to reject the proposal even though Tesla, and SpaceX, are facing private litigation along with state and federal probes over alleged sex and race discrimination.

Tesla shares have dropped 29% this year, badly underperforming the Nasdaq, which has gained 17%. Musk has been encouraging shareholders to look past the current state of its business and toward a future that he says will be all about artificial intelligence software, robotaxis and robotics.

“If somebody doesn’t believe Tesla’s going to solve autonomy, I think they should not be an investor in the company,” Musk said on the latest earnings call in April. He added, “We will, and we are.”

Musk has been making these kinds of pronouncements for years, and the company has yet to deliver.

He still has friends and believers.

Altimeter Capital CEO Brad Gerstner told CNBC’s “Half-Time Report” on Tuesday that he sees Tesla as a leader in self-driving technology.

“I think Elon has done an extraordinary job, and I think his advantage in AI and full self-driving relative to all the other manufacturers in the world is deeply under-appreciated,” said Gerstner, whose firm has a small position in Tesla.

While Musk has been promising software that can turn existing Tesla vehicles into self-driving cars since 2016, competitors including Pony.ai, Didi and Waymo have developed robotaxis and already operate commercial services.

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Nvidia remains a little-known brand despite briefly passing Apple, Microsoft in market cap

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Nvidia remains a little-known brand despite briefly passing Apple, Microsoft in market cap

Nvidia CEO Jensen Huang makes a speech at an event at COMPUTEX forum in Taipei, Taiwan June 4, 2024. 

Ann Wang | Reuters

Apple, Microsoft, Amazon and Google were the four leading global brands at the end of 2023, according to consulting firm Interbrand. They’re are also four of the world’s five most valuable companies.

The other is Nvidia, which for a time this week, surpassed Microsoft to become the largest company in the world by market cap.

But despite its $3.1 trillion valuation (it reached $3.3 trillion before a two-day slide), Nvidia doesn’t even crack the top 100 most iconic names on Interbrand’s most recent list, which is populated by such companies as McDonald’s, Starbucks, Disney and Netflix.

Nvidia’s historic rise in valuation — the stock has climbed almost ninefold since the end of 2022 — has been driven almost entirely by demand for its graphics processing units (GPUs) that are at the heart of the boom in generative artificial intelligence and, more broadly, by the hype over AI. Nvidia has over 80% of the market for chips used to train and deploy AI software like ChatGPT. A handful of huge tech companies are the primary buyers of its chips.

The speed of Nvidia’s ascent and its relative lack of contact with consumers along the way combines to put the 31-year-old company’s brand recognition on Main Street far behind its allure on Wall Street. No. 100 on Interbrand’s list for 2023 is Japanese camera maker Canon, with Dutch brewer Heineken at No. 99.

“As a product company recently moving onto a global stage, Nvidia has not had time, nor has it dedicated resources, to change its role of brand and strengthen its brand to protect future revenue,” Greg Silverman, Interbrand’s global director of brand economics, said in an email. The risk for Nvidia, Silverman added, is that its “weak brand strength will limit how valuable it will be, despite its market cap heights.”

A spokesperson for Nvidia declined to comment.

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Nvidia’s annual revenue growth has exceeded 200% in each of the past three quarters. For fiscal 2025, revenue is expected to almost double from a year earlier to over $120 billion, according to LSEG.

The company’s data center GPUs, which made up 85% of sales in the most recent quarter, are installed in massive facilities, and typically require a team of expensive data science and supercomputing experts to configure them to efficiently create AI software.

By contrast, Apple, ranked No. 1 by Interbrand, makes the vast majority of its money by selling iPhones and other devices to consumers across the globe. Microsoft, ranked second, is an enterprise sales giant, but is ubiquitously known for its Windows and Office software. Third-ranked Amazon strives to be consumers’ everything store, and No. 4 Google is, for many people, the front door to the internet.

Rounding out Interbrand’s top 10 are South Korean electronics giant Samsung, along with three car companies (Toyota, Mercedes-Benz and BMW), Coca-Cola and Nike.

Further down the list, at No. 24, is Nvidia rival Intel, which is best known for making the processor at the heart of laptops and PCs and for its long-running “Intel Inside” advertising campaign. Even Hewlett Packard Enterprise, a company that builds servers, made the list at No. 91.

Gamers love it

However, a competing survey shows that Nvidia’s brand value is catching up to that of its peers.

In a ranking of the 100 most valuable global brands published this month by Kantar BrandZ, Nvidia landed at No. 6, leaping 18 places from its prior survey. The brand’s overall valued jumped 178% in a year to an estimate of about $202 billion. Kantar surveys enterprise buyers to evaluate brands that primarily sell to other businesses to come up with a total estimate of brand value.

“Nvidia is pound for pound as relevant and meaningful to that B2B buyer that’s looking to make big, large purchases in-house for their company as Apple is to the consumer who’s buying an iPad or a Mac,” Marc Glovsky, senior brand strategist at Kantar, told CNBC.

And while Nvidia may not be a name known to your parents — or your kids — it does have resonance in a particular corner of the consumer world. Just ask your hard-core gaming buddy.

When Nvidia was founded in 1991, AI was a nascent field. The company’s primary focus was on designing chips that could draw digital triangles quickly, a basic capability that led to a huge expansion in 3D games.

For years, Nvidia, and its GeForce brand and green logo were well known to the type of people who tweaked their computers to run the most advanced games. Nvidia provides the chips for the Nintendo Switch console, which has shipped over 140 million units around the world.

A Nintendo Switch console.

Philip Fong | AFP | Getty Images

Unlike Intel, Nvidia never put its name in front of consumers with flashy ad campaigns. And gaming is now just a nice side business for chipmaker. In the latest quarter, it accounted for $2.6 billion of revenue, or 10% of total sales, rising 18% year over year.

When it comes to Nvidia’s most important products, companies and institutions vying for its AI chips have to go through an extensive quoting and sales process, often through a computer-equipment company, like Dell or HPE. Those vendors sell complete systems, including memory, a central processor and other parts. Even experts who want to train AI models are more likely to rent Nvidia access through a cloud provider than build their own server clusters.

Still, Nvidia’s name recognition is rapidly increasing. Among retail investors, Nvidia has emerged as the most widely held stock, according to data collected and published last month by Vanda Research.

And while the name didn’t make Interbrand’s top 100 list for 2023, the firm’s data shows its brand awareness quadrupled in the past 12 months, which will help when it’s time for the next ranking, Silverman said.

Maybe by then people will know how to say its name, a topic that’d been the source of debate on obscure gaming forums. The company pronounces it en-VID-ia.

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Tesla has downsized by at least 14% this year after Elon Musk said layoffs would exceed 10%

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Tesla has downsized by at least 14% this year after Elon Musk said layoffs would exceed 10%

Chief Technology Officer of X Elon Musk speaks onstage during the “Exploring the New Frontiers of Innovation: Mark Read in Conversation with Elon Musk” session at the Lumiere Theatre during the Cannes Lions International Festival Of Creativity 2024 – Day Three on June 19, 2024 in Cannes, France. 

Richard Bord | Wireimage | Getty Images

Tesla’s hefty downsizing in 2023 has reduced its global head count to just over 121,000 people, including temporary workers, internal records suggest, indicating that the automaker has slashed more than 14% of its workforce so far this year.

The latest figure is not from precise payroll data, but from the number of people who are on Tesla’s “everybody” email distribution list as of June 17, a tally viewed by CNBC.

Tesla CEO Elon Musk sent an email to “everybody” that day. He told employees, “Over the next few weeks, Tesla will be doing a comprehensive review to provide stock options grants for exceptional performance.” He added that options grants will also be awarded to “anyone who does something outstanding for the company.” Tesla’s plan to reinstitute options grants, after previously pausing performance-based equity awards, was reported first by Reuters.

Tesla’s layoffs announcement landed in April, when Musk sent out a companywide email telling employees that the automaker would be cutting more than 10% of its staff. Layoffs at that point were already underway.

Bloomberg reported that Musk was aiming for a 20% staff cut. Musk indicated that the number could be even bigger. On the company’s first-quarter earnings call later in April, he said Tesla had reached an inefficiency level of 25% to 30% after “a long period of prosperity” that began in 2019.

“We’ve made some corrections along the way,” Musk said on the call. “But it is time to reorganize the company for the next phase of growth.”

In a filing for the fourth quarter, Tesla said its employee head count worldwide at the end of December was 140,473, a number that represents salaried and hourly staffers. The “everybody” email list includes temporary workers. At around 121,000, that suggests Tesla has reduced overall headcount by at least 14% since the end of 2023.

Tesla didn’t immediately respond to a request for comment.

In at least one instance, Musk’s head-count reductions went too far. Tesla dismantled its Supercharging team, which consisted of hundreds of employees, including its leader, Rebecca Tinucci. The company later hired some of those people back, according to posts on LinkedIn.

The broader cuts coincide with a slippage in sales at Tesla as the company reckons with an aging lineup of electric vehicles and increased competition in China as well as brand deterioration that a recent survey attributed partly to Musk’s “antics” and “political rants.” For the first quarter, Tesla reported a 9% drop in annual revenue, the biggest decline since 2012.

Across the auto industry, EV sales growth slowed this year after two years of rapid expansion. The slide was particularly acute for Tesla, whose Model Y was the top-selling car worldwide in 2023.

A Tesla employee, who asked not to be named in order to discuss sensitive internal issues, told CNBC that some factory workers are fearful more layoffs could follow in July, depending on second-quarter results.

A production and deliveries report for the second quarter is expected from Tesla during the first week of July.

Musk has promised investors the company will soon publish a new “Master Plan,” which would be his fourth, and that Tesla will reveal its design for a “dedicated robotaxi” on Aug. 8.

Tesla shares were little changed on Friday at $181.71. The stock is down 27% this year, while the Nasdaq is up 18%.

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Apple Intelligence won’t launch in EU in 2024 due to antitrust regulation, company says

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Apple Intelligence won't launch in EU in 2024 due to antitrust regulation, company says

Tim Cook, chief executive officer of Apple Inc., during the Apple Worldwide Developers Conference at Apple Park campus in Cupertino, California, US, on Monday, June 10, 2024. 

David Paul Morris | Bloomberg | Getty Images

Apple said Friday it won’t release three recently announced features, including its flagship “Apple Intelligence” AI product, in the European Union in 2024 due to “regulatory uncertainties” stemming from the bloc’s Digital Markets Act antitrust regulation.

Apple said in a statement that the features — Apple Intelligence, iPhone Mirroring, and enhancements to its SharePlay screen-sharing product — won’t be available to EU customers due to Apple’s belief “that the interoperability requirements of the DMA could force us to compromise the integrity of our products in ways that risk user privacy and data security.”

The EU passed the DMA in 2023, spurred by concerns that a handful of major technology companies such as Amazon, Apple, Alphabet, Meta, Microsoft and TikTok parent ByteDance were acting as “gatekeepers” in preventing smaller firms from competing. Among other things, DMA requires that basic functionalities work across competing devices and ecosystems.

The interoperability requirements apply to iPhones and iPads. But Macs are affected by the DMA because iPhone Mirroring allows users to replicate the screen of an iPhone on the screen of a Mac.

The loss of the company’s AI product could be a disappointment to consumers. Apple Intelligence can proofread writing or even rewrite it in a friendly or professional tone. It can create custom emoji called Genmoji, search through an iPhone for specific messages from someone, summarize and transcribe phone calls and show priority notifications. The company also announced a partnership with OpenAI and a roadmap to other models being added to the platform.

Apple shares were largely flat on the news. Apple saw 2023 net sales of $94.3 billion in Europe, just under a quarter of its worldwide net sales. Apple Intelligence also won’t be available in Greater China, which accounted for $72.6 billion of its 2023 sales.

The company said it will work with the European Union “in an attempt to find a solution that would enable us to deliver these features to our EU customers without compromising their safety.”

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