Technology stocks stood tall in the first week of December trading, helping the S & P 500 and Nasdaq Composite finish Friday’s session at record closing highs. The tech-heavy Nasdaq lead the way with a 3.3% gain for the week. The S & P 500 closed nearly 1% higher. Both indexes are now riding three-week win streaks. The Dow Jones Industrial Average , meanwhile, pulled back last week. The 30-stock gauge was largely weighed down by shares of UnitedHealth Group, which came under pressure after the CEO of its insurance segment, Brian Thompson, was killed in a targeted attack in New York City . .IXIC .SPX 1M mountain The Nasdaq Composite versus the S & P 500 over the past month. The big economic release of the week arrived Friday in the form of the November nonfarm payrolls report . The U.S. economy added more jobs than economists had predicted — 227,000 versus the Dow Jones estimate of 214,000 — while the unemployment rate ticked up to 4.2%, as expected. Average hourly earnings were up 4% on a 12-month basis, a pinch above expectations. Economists and investors alike keep a close eye on that metric to help understand inflationary pressures in the economy. Odds of another quarter-point cut rate at the Federal Reserve’s mid-December policy meeting increased following Friday’s jobs data, according to the CME FedWatch tool . Earlier in the week, a look at private-sector job growth from payroll processor ADP came in a bit below forecasts, at 146,000 versus the 161,500 estimate. The week’s batch of non-jobs economic data was relatively mixed. On Monday, a better-than-expected November ISM manufacturing report still showed that the U.S. manufacturing sector contracted last month — but at a slower pace than what we saw in October, at least. The reading was 48.4 versus 47.5 expected. Anything below 50 indicates contraction. Meanwhile, the Commerce Department’s look at October factory orders on Wednesday was in line with expectations, up 0.2% compared with the prior month. That put an end to two-month streak of declines. Also on Wednesday, the November ISM services report — a look at activity in industries from health care to forestry to finance, among others — came in solidly below projections, at 52.1 versus 55.5 expected. Nevertheless, it pointed to continued expansion in a critical part of the U.S. economy. November marked the fifth consecutive month of services expansion in the ISM report. And now 51 out of 54 readings since June 2020 during the Covid-19 pandemic have been expansionary. Within the portfolio, Salesforce provided a very positive update after the close on Tuesday. The enterprise software giant reported solid earnings and offered upbeat commentary on its new artificial intelligence platform Agentforce , which sent shares jumping in Wednesday’s session. Salesforce finished the week as the second best Club stock, climbing 9.7%. The only better performer was Broadcom , which gained 10.8% thanks in large part to a 5.3% surge in Friday’s session. The rally Friday accelerated after a Bloomberg News report said fellow Club holding Apple expects to continue using a radio-frequency chip from Broadcom in the iPhone. Previous reporting suggested Apple planned to drop it next year. Salesforce and Broadcom contributed to the S & P 500’s technology sector being one of three to finish the week in positive territory, adding 3.4%. Tech was joined in the green by top-performing consumer discretionary, which gained 5.85%, and communication services, which rose 4.1% for second place. Big advances for Tesla and Club name Amazon helped lift the consumer discretionary sector to the No. 1 spot — and that’s notable given both stocks are usually lumped in with the broader “tech trade” despite their formal classification. A similar story played out in communication services, with its three biggest constituents by market cap — Google parent Alphabet , Meta Platforms , and Netflix — all climbing. We own Alphabet and Meta for the Club. The remaining eight sectors in the S & P 500 ended the week lower, led to the downside by energy, utilities, and materials. Energy stocks didn’t get any help from commodities. U.S. crude prices suffered their second straight weekly loss, down 1.2%, while natural gas futures slid 8.5%, their first negative week in seven. In the coming days, inflation data will command a great deal of attention — plus, we’ll get earnings from two of the best performing Club holdings this year. Economy All eyes will be on the November consumer price index due out Wednesday morning. Economists are expecting to see a 2.7% year-over-year increase at the headline level, according to Dow Jones. The consensus estimate for core CPI, which strips out the impact of volatile food and energy prices, is a 3.2% annual rise, per Dow Jones. The shelter price index will be an important component of the CPI report, given that housing costs have been a huge source of upward pressure on inflation. The November producer price index will be out Thursday, with economists forecasting a 0.2% increase from the prior month, according to Dow Jones. The consensus for core PPI, which also excludes food and energy, is a 0.2% month-over-month increase, too. The PPI report isn’t as closely watched as the CPI reading, but it is still important because it tracks input costs for various businesses. Those inputs impact profit margins and therefore can influence the final selling prices of goods. In that sense, it can help foreshadow future CPI reports. Both reports are particularly notable because they’ll be our last update on inflation before the Fed’s upcoming policy meeting, which wraps up Dec. 18. That’s when the central bank will announce its decision on interest rates followed by Chair Jerome Powell’s closely watched press conference. Earnings Broadcom and Costco are both set to report after the close Thursday. For the three months ended in October, Wall Street expects that Broadcom earned $1.38 per share on sales of $14.1 billion, according to estimates compiled by LSEG, as of Friday. In addition to the headline numbers, we’re interested in hearing about the momentum in Broadcom’s AI networking business, which has proven to be the real growth driver over the past year. We also want to see further confirmation that its legacy hardware businesses — think chips used in end markets such as wireless, broadband and industrial — remains in the process of rebounding. On the software side, management’s commentary on the blockbuster VMWare acquisition will be front and center. How is the overall demand environment? How is the integration into Broadcom going, and is it leading to any additional sales opportunities? And finally, any updates on Broadcom’s capital return plans will be notable. Analysts at Wells Fargo are expecting Broadcom to increase its dividend payout by 12% to 15% and perhaps announce board authorization for a new share repurchase program. For Costco, the Street is looking for quarterly sales of $62.1 billion and earnings of $3.79 per share, according to LSEG, as of Friday. Keep in mind that Costco’s topline is largely known as this point because the company provides sales data on a monthly basis. Instead, the focus will be on profits and shopping activity, such as foot traffic and buyer preferences. We’re also interested to hear if the implementation of card scanners has sparked an increase in membership signups — something analysts at Morgan Stanley have suggested could lead to a “Netflix moment” for the retailer . Week ahead Monday, Dec. 9 After the bell: Oracle (ORCL), MongoDB (MDB), Toll Brothers (TOL), Casey’s General Stores (CASY), and C3.ai (AI) Tuesday, Dec. 10 Before the bell: AutoZone (AZN), Academy Sports and Outdoors (ASO), Ollie’s Bargain (OLLI), and Designer Brands (DBI) After the bell: GameStop (GME), Stitch Fix (SFIX), and Dave & Buster’s (PLAY) Wednesday, Dec. 11 8:30 a.m. ET: consumer price index Before the bell: Macy’s (M) and REV Group (REVG) After the bell: Adobe (ADBE) and Nordson (NDSN) Thursday, Dec. 12 8:30 a.m. ET: initial jobless claims 8:30 a.m. ET: producer price index Before the bell: Ciena (CIEN) After the bell: Broadcom (AVGO) and Costco (COST) (Jim Cramer’s Charitable Trust is long CRM, AVGO, META, GOOGL, AMZN and AAPL. See here for a full list of the stocks.) As a subscriber to the CNBC Investing Club with Jim Cramer, you will receive a trade alert before Jim makes a trade. Jim waits 45 minutes after sending a trade alert before buying or selling a stock in his charitable trust’s portfolio. If Jim has talked about a stock on CNBC TV, he waits 72 hours after issuing the trade alert before executing the trade. THE ABOVE INVESTING CLUB INFORMATION IS SUBJECT TO OUR TERMS AND CONDITIONS AND PRIVACY POLICY , TOGETHER WITH OUR DISCLAIMER . NO FIDUCIARY OBLIGATION OR DUTY EXISTS, OR IS CREATED, BY VIRTUE OF YOUR RECEIPT OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE INVESTING CLUB. NO SPECIFIC OUTCOME OR PROFIT IS GUARANTEED.
The Nasdaq MarketSite in New York, US, on Wednesday, Nov. 6, 2024.
Michael Nagle | Bloomberg | Getty Images
Technology stocks stood tall in the first week of December trading, helping the S&P 500 and Nasdaq Composite finish Friday’s session at record closing highs.
The autonomous ag equipment experts behind the GUSS robotic sprayers have been developing their AI tech as part of a JV with John Deere for years — and now, that marriage is official. John Deere has acquired 100% of GUSS, and has big plans to pick up that tech and run with it like a … well, you know.
Since then, interest in automated ag equipment has only grown — fueled not just by rising demand for affordable food and produce, but by a national labor shortage made worse by the Trump Administration’s tough anti-immigration policies as well. It’s specifically those challenges around labor availability, input costs, and crop protection that GUSS and John Deere have been spending millions to address.
“Fully integrating GUSS into the John Deere portfolio is a continuation of our dedication to serving high-value crop customers with advanced, scalable technologies to help them do more with less,” explains Julien Le Vely, director, Production Systems, High Value & Small Acre Crops, at John Deere. “GUSS brings a proven solution to a fast-growing segment of agriculture, and its team has a deep understanding of customer needs in orchards and vineyards. We’re excited to have them fully part of the John Deere team.”
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About GUSS
GUSS autonomous farm sprayer; via John Deere.
The GUSS electric sprayer is powered by a Kreisel Battery Pack 63 (KBP63), which has a nominal energy capacity of 63 kWh, enabling the machine to operate for 10-12 continuous hours between overnight (L2) charges.
The GUSS electric sprayers feature the Smart Apply weed detection system that measures chlorophyll in the various plants it encounters, identifying weeds embedded among the crops, and only sprays where weeds are detected. The company claims its weed detecting tech significantly reduces the amount of chemicals being sprayed onto farmers’ crops, resulting in “up to 90% savings” in sprayed material.
John Deere’s deep pockets will support GUSS as it continues to expand its global reach, and help the group to accelerate Smart Apply’s innovation and integration with other John Deere precision agriculture technologies.
“Joining John Deere enables us to tap into their unmatched innovative capabilities in precision agriculture technologies to bring our solutions to more growers around the world,” says Gary Thompson, GUSS’ COO. “Our team is passionate about helping high-value crop growers increase their efficiency and productivity in their operations, and together with John Deere, we will have the ability to have an even greater impact.”
GUSS-brand autonomous sprayers will be sold and serviced exclusivelythrough John Deere dealers, and the GUSS business will retain its name, branding, employees, and independent manufacturing facility in Kingsburg, California.
More than 250 GUSS machines have been deployed globally, having sprayed more than 2.6 million acres over 500,000 autonomous hours of operation.
Electrek’s Take
Population growth, while slowing, is still very much a thing – and fewer and fewer people seem to be willing to do the work of growing the food that more and more people need to eat and live. This autonomous tech multiplies the efforts of the farmers that do show up for work every day, and the fact that it’s more sustainable from both a fuel perspective and a toxic chemical perspective makes GUSS a winner.
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Lawyers for Tesla filed a motion asking a court to throw out a recent $243 million verdict against the company related to a fatal crash in Florida in 2019. The case is the first instance of Tesla being ruled against by a court in an Autopilot liability case – previous cases had ended up settled out of court.
To catch up, the case in question is the $243 million Autopilot wrongful death case which concluded early this month. It was the first actual trial verdict against the company in an Autopilot wrongful death case – not counting previous out-of-court settlements.
The case centered around a 2019 crash of a Model S in Florida, where the driver dropped his phone and while he was picking it up, the Model S drove through a stop sign at a T-intersection, crashing into a parked Chevy Tahoe which then struck two pedestrians, killing one and seriously injuring the other.
Tesla was also caught withholding data in the case, which is not a good look.
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In the end, for the purposes of compensatory damages, the driver was found 67% responsible and Tesla was found 33% responsible. But Tesla was also slapped with $200 million in punitive damages. The plaintiffs reached a settlement with the driver separately.
Tesla said at the time that it planned to appeal the case, and its first move in that respect happened today, with lawyers for Tesla filing a 71-page motion laying out the problems they had with the trial.
In it, Tesla requests either that the previous verdict be thrown out, that the amount of damages be reduced or eliminated, or that the case go to a new trial, based on what Tesla contends were numerous errors of law during the trial.
The table of contents of Tesla’s filing lays out the company’s rough arguments for why it’s requesting the verdict to be thrown out, with Tesla seeming to throw several arguments at the wall to see what sticks:
I. Tesla Is Entitled to Judgment as a Matter of Law (or at Least a New Trial) on Liability.
A. The Verdict Is Unsupported by Reliable Expert Evidence.
B. Plaintiffs’ Design-Defect Theories Fail as a Matter of Law.
1. Tesla’s 2019 Model S Was Not Defective.
2. McGee Was the Sole Cause of Plaintiffs’ Injuries.
C. The Failure-to-Warn Claim Fails as a Matter of Law.
1. Tesla Had No Duty to Warn.
2. Tesla Provided Extensive Warnings.
3. The Asserted Failure to Warn Didn’t Cause the Crash.
D. Tesla Is Entitled to a New Trial If the Record Cannot Sustain the Verdict as to Any Theory on Which the Jury Was Instructed.
II. Highly Prejudicial Evidentiary Errors Warrant a New Trial on All Issues.
A. The Improper Admission of Data-Related Evidence Prejudiced Tesla.
B. The Improper Admission of Elon Musk’s Statements Prejudiced Tesla.
C. The Improper Admission of Dissimilar Accidents Prejudiced Tesla.
III. This Court Should Grant Tesla Judgment as a Matter of Law on Punitive Damages or at Least Significantly Reduce Punitive Damages.
A. Florida Law Prohibits the Imposition of Any Punitive Damages in This Case.
B. Florida Law Caps Punitive Damages at Three Times the Compensatory Damages Actually Awarded Against Tesla.
C. The Due Process Clause Limits Punitive Damages Here to No More Than the Net Award of Compensatory Damages.
1. Tesla’s Conduct Was Not Reprehensible.
2. A Substantial Disparity Exists Between the $200 Million Award of Punitive Damages and the $42.3 Million Award of Compensatory Damages.
3. Comparable Civil Penalties Do Not Justify the Punitive-Damages Award.
IV. This Court Should Reduce the Grossly Excessive Award of Compensatory Damages to No More Than $69 Million.
In short, Tesla blames the driver (who was found 67% liable) fully for the crash, says that the Model S and its Autopilot system were state-of-the-art and not defective because “no car in the world at the time” could have avoided the accident, that it provided proper warnings even though it didn’t need to, that evidence was improperly admitted to prejudice the jury against Tesla, and that the punitive damages are excessive.
After looking through the document, Tesla’s main contention seems to be with the admission of various evidence that it says prejudiced the jury against Tesla.
Indeed, the only exhibit attached to the filing is a transcript of a podcast episode where one of plaintiffs’ experts talks about evidence that Tesla withheld data, which Tesla says should have been inadmissible and prejudiced the jury against it.
Tesla says that the only reason these arguments were brought into court was to make the jury feel like there was a coverup, even though Tesla claims that there was no coverup. By repeatedly mentioning this, Tesla says the jury had a more negative view of the company than was fair.
It also says that Tesla CEO Elon Musk’s statements about Autopilot shouldn’t have been admissible, and that they prejudiced the jury against Tesla. Tesla says that the statements by Musk shown at the trial were irrelevant to plaintiffs’ case, exceeded the limits the court had set on which statements would be admissible, and that the admission of these statements “would disincentivize companies from making visionary projections about anticipated technological breakthroughs.”
Update: After this story was published, plaintiffs’ attorneys reached out with their own statement
“This motion is the latest example of Tesla and Musk’s complete disregard for the human cost of their defective technology. The jury heard all the facts and came to the right conclusion that this was a case of shared responsibility, but that does not discount the integral role Autopilot and the company’s misrepresentations of its capabilities played in the crash that killed Naibel and permanently injured Dillon. We are confident the court will uphold this verdict, which serves not as an indictment of the autonomous vehicle industry, but of Tesla’s reckless and unsafe development and deployment of its Autopilot system.”
–Brett Schreiber of Singleton Schreiber, lead trial counsel for plaintiffs Dillon Angulo & Naibel Benavides.
Electrek’s Take
Reading through the filing is persuasive at first, but remember that this is only one side of the story – and Tesla is well-known for never budging an inch in legal or reputational matters. (Update: for a quick reaction from “the other side,” see the statement by plaintiffs’ attorneys directly above).
Thinking a little deeper, the filing does rely on a similar “puffery” argument which Tesla has used before. The idea here is that Musk’s statements should be ignored because he, as the CEO of the company, has an incentive (and well-known tendency) to overstate the capabilities of its vehicles.
Lawyers did not use that exact word here, but they do claim that Musk’s statements are “forward-looking” and “visionary.”
But, for a guy who talks so much that he wasted $44 billion on a $12 billion social media site (twice) so that he could force his words in front of every user every day, denying that his words have an effect is a strange legal argument.
Indeed, Tesla has a history of not doing paid advertisements in traditional media, and has relied on Musk, and specifically Musk’s twitter account, to be the company’s impromptu communications platform. Musk even closed the company’s PR department, instead taking on the full burden of that himself.
So to argue that Musk’s statements shouldn’t be admissible, or that they didn’t set the tone for the organization, is more than a little silly.
While Tesla and Musk did state many times that Autopilot was not full self-driving (although, neither was the feature they marketed under the name, ahem, “Full Self-Driving”), the balance of Musk’s statements describing Tesla’s features definitely could have led a driver to think that the vehicles were more capable than any other vehicle on the road.
This is why it’s strange that Tesla also argues that “no other car” could have stopped in the situation of the crash. If your company is constantly claiming that you have the best, safest, most autonomy-enabled vehicle in the world (including in this filing, where it is referred to as “state of the art”), then who cares whether other cars could have done it or not? We’re talking about your car, not anything else.
Further, Tesla said that admitting these statements will put a chilling effect on every corporation’s ability to project anticipated breakthroughs in tech. To this I say, frankly: good. Enough with the nonsense, lets focus on reality, and lets stop excusing lies as corporate puffery, across all industries.
But this is an example of Tesla trying to have it both ways, to pretend that Musk’s statements are just puffery but also that they are important to breakthroughs and that silencing Musk would harm the company. Yes, it probably would harm Tesla’s outreach – because Musk’s statements are roughly the only source of Tesla’s advertising, which is why they ought to be heard to establish what the public thinks about the capabilities of Teslas.
And while Tesla says that cases like these would “chill” development of safety features if manufacturers are punished for bringing them to market, the punishment here isn’t for bringing the feature to market, it’s for overselling the feature in a way that set public expectations too high. Other features have not received this sort of scrutiny because other features don’t get pumped up daily with ridiculous overstatements by the company’s sole source of advertising.
On the other points, I’m not a lawyer. I’m not up to date on the specific limits to punitive damages in Florida. But on the surface, it seems fair to me that if a company was found to withhold data in an important case, after declining a settlement, that some level of significant punishment is fair.
After all, withholding data in a single non-fatal crash that wasn’t even their fault is what led Cruise to shut down operations everywhere. That may have been an overreaction and would certainly be an overreaction in this case with Tesla, given the driver’s responsibility for the crash. But in this case, the damage done to people (a death) was greater, and the damages Tesla is being told to pay ($243 million) will not lead to a shutdown of the entire company. Especially considering this is the same company that just managed to find tens of billions of dollars to give to a bad CEO.
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Is it the IONIQ 2 or 3? We are finally getting our first official look at the new Hyundai EV that will debut at next month’s Munich Motor Show.
Hyundai teases new EV concept with a radical design
Rumors of a new entry-level Hyundai have been spreading like wildfire over the past few months. After a few prototypes have been spotted out in public testing, some claim it’s the IONIQ 2, while others say it will be called the IONIQ 2.
Either way, the new model is almost here, and it sounds like it could shake things up. Hyundai dropped the first official images of the new EV on Tuesday, offering a glimpse of what’s to come.
Although it’s just a teaser, the images reveal a few new design elements that will be showcased. The rear spoiler appears to be roughly the same shape and size as the updated IONIQ 6, which is likely to feature a full-length LED light bar.
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The teaser comes after several test vehicles have been spotted recently, displaying a similar, upright, more SUV-like style reminiscent of the Kia EV2 concept.
Like its other IONIQ models and the Kia EV series, Hyundai’s new concept is likely to be based on its advanced E-GMP platform. It’s expected to fill the gap between the Inster EV and Kona Electric in Hyundai’s electric car lineup.
The interior is expected to be a step up from Hyundai’s current vehicles with a new infotainment system. Powered by its advanced new Pleos OS, the system will feel more like a smartphone.
Hyundai’s next-gen infotainment system powered by Pleos (Source: Hyundai)
Hyundai has yet to announce prices, range, and other final specs. However, since the Kona Electric starts at £34,995 ($47,000) in the UK, it will likely be priced closer to £25,000 ($33,700), like the Kia EV2.
Similar to the Kia EV3, Hyundai’s new electric car will likely be offered with 58.3 kWh and 81.4 kWh battery packs. The former provides a WLTP range of 260 miles, while the latter is rated with a range of 365 miles on a single charge.
Hyundai IONIQ 2 or IONIQ 3 EV spotted testing in Europe (Source: CarSpyMedia)
The new Hyundai EV will make its global debut at the Munich Motor Show in Germany, from September 9 through September 14.
Kia’s EV3 is already the most popular retail electric vehicle in the UK through the first half of 2025. Will Hyundai match it with the new model?
Hyundai will reveal two new sets of images over the next week, so be sure to check back for the latest updates.
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