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Elon Musk attends the premiere of ”Lola” held at the Regency Bruin Theatre in Los Angeles, California, U.S., February 3, 2024. 

Aude Guerrucci | Reuters

Tesla plans to ask shareholders to reinstate CEO Elon Musk’s $56 billion pay package from 2018 after a Delaware court voided the record-setting stock grant earlier this year and described it as “deeply flawed.”

The company announced the move in a preliminary proxy filing Wednesday, just days after the company told employees it would cut headcount by 10%.

Tesla said the court decision created a “fundamental problem for the company”. As a result, Tesla also plans to ask shareholders to let the company move its state of incorporation from Delaware to Texas, something Musk had threatened to do in the aftermath of the unfavorable court ruling.

The two proposals are likely to be fiercely controversial. Tesla has hired a proxy solicitor, Innisfree M&A, and plans to spend an undetermined amount, in the millions, to help secure the votes for the two proposals, according to the filing.

Tesla has not hired Innisfree since 2018, when it first asked shareholders to vote on Musk’s pay package. Companies often only advertise the cost of proxy solicitations when major proposals or proxy fights are expected.

Musk’s pay package was mooted after a shareholder won a lawsuit against the company earlier this year. Delaware Chancery Court Chancellor Kathaleen McCormick found that Musk, rather than Tesla’s board, controlled the company and that the board’s compensation committee, rather than negotiating with Musk over the terms of the deal, “worked alongside him, almost as an advisory body.”

The Tornetta decision prompted Musk to say, “Never incorporate your company in the state of Delaware.”

Tesla, in its Wednesday filing, cast doubt on the decision from McCormick, who has been across some of Musk’s other legal dealings. “The Company and the Board believe that the decision in Tornetta ignored material evidence presented at trial and that the Delaware Court made errors of fact and incorrect conclusions of law,” Tesla said in the proxy filing.

The company also noted that “dozens of institutional stockholders” have told Tesla that they disagree with the Tornetta decision.

Delaware has long been a preferred home for corporations — more than 60% of the Fortune 500 are incorporated there — because the state has a robust legal framework and court system dedicated to resolving corporate issues, like executive pay, but also broader contract negotiations.

Tesla’s new proposal cautions shareholders that the Delaware court found their initial 2018 disclosures to be deficient, and urged them to read the full text of the decision.

In January, the same day the pay package was rejected, Musk asked his X followers if Tesla should re-incorporate in Texas. Months later, Tesla’s board is now asking shareholders to approve their answer to that question.

This is breaking news. Please check back for updates.

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Tesla Fremont factory suffers another fire, investigation underway

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Tesla Fremont factory suffers another fire, investigation underway

An aerial view of the Tesla Fremont Factory on April 24, 2024 in Fremont, California. 

Justin Sullivan | Getty Images

A fire broke out at Tesla‘s vehicle assembly plant in Fremont, California on Monday afternoon, according to a statement from the Fremont Fire Department, posted on social network X.

No injuries were reported among employees and fire fighters present at the scene, the department said.

An undisclosed number of fire fighters had responded to the fire, which broke out before 5:00 p.m., at the Tesla facility at 45500 Fremont Boulevard. The incident was described as a two-alarm, commercial structure fire in a two-story building.

The fire apparently originated in an oven used in vehicle manufacturing operations, the department said, adding that cause of the fire was “under investigation” as of Monday evening.

The fire was “knocked down” in a matter of hours, the department said, and the fire-fighting crew had been released from the scene as of around 8 p.m.

The Fremont factory is Tesla’s first mass EV manufacturing facility. It was first to produce the company’s popular Model 3 sedans, and Model Y crossover utility vehicles, as well as its higher-end Model S sedan and Model X, an SUV with falcon wing doors.

On May 17, 2024 Tesla celebrated a milestone for its Fremont factory in conjunction with their battery factory outside of Reno, Nevada, saying they had surpassed production of 3 million vehicles.

Monday’s fire followed sweeping layoffs at the Elon Musk-led automaker. Tesla recently cut another 601 jobs in California, including 164 at the Fremont factory.

Among jobs cut in Fremont in this latest wave of the layoffs were two directors of Environmental Health and Safety (EHS), and a myriad of others involved in EHS, security, equipment maintenance and emergency services, according to filings by the company with the California Employment Development Division.

Tesla’s Fremont factory has a history of fires. For example, several fire incidents occurred at the factory from 2014 to 2018, including a mix of indoor and outdoor fires in 2018 alone, with more still in 2019 and 2021.

Fires at the Fremont factory in the past have sometimes necessitated a pause in production.

Tesla did not respond to a request for further information on Monday evening.

Local environmental regulators, the Bay Area Air Quality Management District (BAAMQD), recently accused Tesla of allowing “unabated emissions” at the Fremont plant, and said that toxic air pollution should have been prevented.

The BAAMQD is now seeking an abatement order that would force Tesla to implement changes to its factory operations to prevent further pollution.

On Monday night, the BAAMQD told CNBC via e-mail that it was “aware of the fire and assessing” the situation in Alameda County.

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Samsung Electronics names new chief for semiconductor business as AI chip race heats up

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Samsung Electronics names new chief for semiconductor business as AI chip race heats up

Samsung is the world’s biggest maker of memory chips.

Jakub Porzycki | Nurphoto | Getty Images

Samsung Electronics named a new head for its semiconductor business on Tuesday, as the firm strives to lead the AI chip race.

Young Hyun Jun will replace Kyehyun Kyung, who will now head the future business division, which focuses on discovering new growth opportunities, as well as Samsung Advanced Institute of Technology.

The firm aims “to strengthen its competitiveness amid an uncertain global business environment,” Samsung Electronics said, adding that Jun has extensive experience leading the company’s memory and battery manufacturing divisions.

Samsung is in intense competition with SK Hynix to produce the most advanced memory chips in the market to ride the AI wave. The memory chip market is currently dominated by Samsung, SK Hynix and Micron — the world’s top three suppliers.

SK Hynix has been leading on the high-bandwidth memory front, having been the sole supplier of HBM3 chips to Nvidia, which is at the forefront of AI chips. Nvidia is reportedly considering Samsung as a supplier too.

“We expect the competition in high-bandwidth memory to intensify in 2025. For the HBM3 generation, SK Hynix is the exclusive supplier to Nvidia, and we believe there were a few quarters of technology gaps between SK Hynix and Samsung,” Kazunori Ito, director of equity research at Morningstar, said in a report earlier this month.

We think SK Hynix will be one of the biggest beneficiaries of AI growth, analyst says

SK Hynix plans to begin mass production of its latest generation of high-bandwidth memory chips, the 12-layer HBM3E, in the third quarter, while Samsung Electronics aims to do the same within the second quarter, having been the first in the industry to ship samples of the latest chip.

“[This suggests] that Samsung is quickly closing the gap in the technology roadmap. As a result, we expect that all three major suppliers will be able to ship HBM3E to Nvidia, intensifying the price competition,” Ito said.

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Ether extends its rally following 20% surge on renewed ether ETF optimism

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Ether extends its rally following 20% surge on renewed ether ETF optimism

Omar Marques | Lightrocket | Getty Images

Cryptocurrencies rose Tuesday amid a late surge in optimism around the U.S. Securities and Exchange Commission’s decisions on spot ether exchange-traded funds applications, the first of which is due this week.

Ether led the rally, rising 9% to $3,680.98, according to Coin Metrics. On Monday, it rocketed 20%.

Meanwhile, bitcoin added 2% and was trading at about $71,350, extending an 8% gain from the previous day, when it reclaimed the $70,000 level.

Crypto-related equities rode the wave. Coinbase and Microstrategy each gained about 2% in extended trading, and Robinhood added 3%. Several bitcoin mining stocks saw gains of 3%, including Marathon Digital, Riot Platforms, Iren (formerly known as Iris Energy) and CleanSpark.

Investors are reconsidering the probability that the SEC greenlights spot ether ETF applications amid reports that the SEC has requested document updates from potential ETF issuers and exchanges. The previous consensus was that such funds would likely not be approved.

“ETH spiked upwards shortly after rumors started circulating that the SEC might approve spot ETH ETFs this week after all,” said Bartosz Lipiński, CEO at Cube Exchange.

“Much like with spot bitcoin ETFs being approved earlier in the year, though, this feels to me like a ‘buy the rumor, sell the news’ type situation and I would imagine a rally through this Thursday … and then at least a brief selloff regardless of whether or not the funds are approved,” he added.

Final decisions on applications by VanEck and Ark Invest are due this Thursday and Friday, respectively.

BlackRock, Fidelity, Invesco, Grayscale and Bitwise Asset Management also have applications awaiting decisions this year.

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