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Elon Musk’s Twitter profile displayed on a computer screen and Twitter logo displayed on a phone screen are seen in this illustration photo taken in Krakow, Poland on April 9, 2022.

Jakub Porzycki | Nurphoto | Getty Images

A proposed class-action lawsuit against Elon Musk and his family office Excession can proceed in federal court, a judge ruled Friday, after the tech centi-billionaire sought to have the case dismissed.

The case is Rasella v. Musk (Case No. 1:22-cv-03026-ALC-GWG) in the Southern District of New York.

The lawsuit was brought by former Twitter shareholders who allege they lost money when the Tesla and SpaceX CEO was amassing a stake in the social network, but failed to disclose his purchases within a legally-mandated time frame.

The Oklahoma Firefighters Pension and Retirement System and other plaintiffs in the suit complained that they had sold shares of then publicly-traded Twitter at “artificially deflated prices,” while Musk obscured his own interest and stake in the company.

Elon Musk and Jared Birchall did not immediately respond to a request for comment. 

Musk’s attorneys have argued that while his disclosure was filed after an SEC-mandated deadline, this was merely an error and that the tech magnate did not commit nor intend securities fraud.

In his opinion, Judge Andrew L. Carter in the Southern District of New York wrote that the court agreed with plaintiffs that Musk’s failure to disclose he was snapping up shares of Twitter sent a “false pricing signal to the market.”

In his 43-page opinion, the judge also noted that Musk had posted a tweet on March 26, 2022 indicating he was thinking about buying a different social network, not Twitter, although he had already amassed millions of shares in Twitter as of March 25, 2022.

He wrote, it was “reasonable” to read Musk’s tweet “as a statement meant to misdirect the public to think that buying Twitter was just a fantasy.” The judge also wrote that, “it is more likely than not that Musk issued a material misleading representation,” with those tweets.

Musk ultimately bid on and led a leveraged buyout of Twitter in 2022 in a deal worth about $44 billion. He made sweeping changes to the business, the social platform and later renamed it X.

As previously reported, the Securities and Exchange Commission filed a similar lawsuit against Musk over alleged failure to properly disclose purchases of Twitter stock in 2022 before he took over the company.

On Friday, Musk said another one of his ventures, xAI, was merging with the social network in an all-stock transaction, valuing the artificial intelligence business at $80 billion and the social media business at $33 billion.

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Roblox announces short-video, AI features amid child safety concerns

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Roblox announces short-video, AI features amid child safety concerns

Thiago Prudêncio | Sopa Images | Lightrocket | Getty Images

Roblox on Friday announced new short-video and AI features that come amid increasing lawmaker scrutiny into how the company protects children on its platform.

With Roblox Moments, users 13 and older will be able to create and share video clips of their gameplay with others on a feed within the platform. The artificial intelligence additions, meanwhile, will allow users to generate advanced 3D objects for the games they create on the platform.

Tune in at 4:15 p.m. ET: Roblox CEO Dave Baszucki joins CNBC TV to discuss the company’s latest announcements coming out of its developer conference. Watch in real time on CNBC+ or the CNBC Pro stream.

Although users can share video clips from mature games on Moments, users who do not meet the age requirements of those experiences will be unable to view them, the company said. Roblox will moderate each video shared on Moments and will allow users to “flag content that they find is inappropriate,” said Matt Kaufman, Roblox safety chief. Moments is launching in a limited release on Friday.

The AI features will roll out to users before the end of the year. Roblox users will be able to use the artificial intelligence tools to create objects, like futuristic monster trucks, that match the aesthetics of the games users build on the platform, said Anupam Singh, Roblox’s senior vice president of engineering. Those creations will also be moderated, Kaufman said.

Roblox faces a number of lawsuits alleging that its design enables online predators to exploit underage victims.

Louisiana Attorney General Liz Murrill sued Roblox in August, alleging the company fails to implement robust safety protocols to “protect child users from predators.” At the time, Roblox said, “any assertion that Roblox would intentionally put our users at risk of exploitation is simply untrue.”

The company on Wednesday announced it would expand an age estimation program that Roblox debuted in July.

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Google hit with $3.45 billion antitrust EU fine amid U.S. trade tensions

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Google hit with .45 billion antitrust EU fine amid U.S. trade tensions

Cheng Xin | Getty Images

Google was on Friday hit with a 2.95-billion-euro ($3.45 billion) antitrust fine from European Union regulators for anti-competitive practices in its lucrative advertising technology business.

The European Commission, which is the executive body of the EU, accused Google of distorting competition in the so-called adtech market by unfairly favoring its own display advertising technology services to the detriment of rival adtech providers, advertisers and online publishers.

It also ordered Google to “bring these self-preferencing practices to an end” and “implement measures to cease its inherent conflicts of interest along the adtech supply chain.” The company has 60 days to respond.

“Today’s decision shows that Google abused its dominant position in adtech harming publishers, advertisers, and consumers. This behaviour is illegal under EU antitrust rules,” EU competition chief Teresa Ribera said in a statement Friday.

“Google must now come forward with a serious remedy to address its conflicts of interest, and if it fails to do so, we will not hesitate to impose strong remedies.”

Google’s global head of regulatory affairs, Lee-Anne Mulholland, said the EU decision is “wrong” and the firm will appeal.

“It imposes an unjustified fine and requires changes that will hurt thousands of European businesses by making it harder for them to make money,” Mulholland said. “There’s nothing anticompetitive in providing services for ad buyers and sellers, and there are more alternatives to our services than ever before.”

The case dates back to 2021 when the EU first opened a probe into Google to assess whether the tech giant favors its own online display ad technology services.

The news comes after Reuters reported earlier this week that the Commission had delayed the fine as regulators were waiting for the U.S. to cut tariffs on European cars as part of a trade deal.

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Broadcom stock jumps 15% on new $10 billion customer that analysts say is OpenAI

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Broadcom stock jumps 15% on new  billion customer that analysts say is OpenAI

Hock Tan, CEO of Broadcom.

Martin H. Simon | Bloomberg | Getty Images

Broadcom shares soared 15% on Friday after the chipmaker said on its earnings call that it had secured a new $10 billion customer. Analysts quickly pointed to OpenAI.

Following a better-than-expected earnings report late Thursday, Broadcom CEO Hock Tan told analysts that a fourth large customer had put in orders for $10 billion in custom artificial intelligence chips, which the company calls XPUs.

“One of these prospects released production orders to Broadcom, and we have accordingly characterized them as a qualified customer for XPUs,” Tan said. He added that the order increased Broadcom’s forecast for AI revenue next year, when shipments will begin.

Analysts at Mizuho, Cantor Fitzgerald and KeyBanc all said they think AI startup OpenAI is the customer. The Financial Times reported on Thursday, citing people familiar with the partnership, that the two companies co-designed a chip that will hit the market next year.

OpenAI declined to comment on the report.

While Broadcom doesn’t name its large web-scale customers, analysts have said dating back to last year that its first three clients were Google, Meta and TikTok parent ByteDance.

“During the call, the company surprised us by noting that it had secured a $10B order from a fourth XPU customer (we believe this is OpenAI), adding significant upside to the company’s three current XPU customers (Google, Meta, and ByteDance),” analysts at Cantor wrote in a note late Thursday. “Shipments are expected to commence in 2026.”

Broadcom’s stock has been on a tear of late as the company has joined Nvidia at the front of the race to build the kinds of processors and infrastructures needed for massive AI workloads. The stock is up about 130% in the past year, lifting Broadcom’s market cap past $1.6 trillion.

For the fiscal third quarter, Broadcom reported earnings and revenue that topped estimates. The company said it expects $17.4 billion in fourth-quarter revenue, higher than the $17.02 billion expected by Wall Street analysts, with AI revenue reaching $6.2 billion.

But news of an incoming $10 billion customer is what got Wall Street excited.

Tan said on the call that “immediate and fairly substantial demand” boosts the outlook for next year, “and really changes our thinking of what 2026 would be starting to look like.”

The company didn’t provide specific guidance for next year, but Tan suggested that growth in its AI could be above the 50% to 60% range he’d offered in the prior call.

Analysts at Mizuho raised their AI revenue growth estimate for next year to 76% up from about 60%, which would bring the total to $35 billion. Total revenue for the year ending in October 2026 is expected to increase about 30% to $81.8 billion from $63.1 billion this fiscal year, according to analysts surveyed by LSEG.

In addition to hardware, Broadcom has a large software business, keyed by its $61 billion acquisition of server virtualization software vendor VMware in 2023. Revenue in the infrastructure software business, which includes VMWare, rose 43% to $6.79 billion.

— CNBC’s Kif Leswing contributed to this report.

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