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Elon Musk speaks at SolarCity’s Inside Energy Summit in New York.
Rashid Umar Abbasi | Reuters

Tesla CEO Elon Musk is expected in court on Monday, and the stakes are high — if he loses he could have to pay upwards of $2 billion from his considerable personal wealth.

Musk will be the first witness in a trial to defend his role in Tesla’s $2.6 billion acquisition of SolarCity. Shareholders have sued Musk and members of the Tesla board, alleging that the 2016 deal amounted to a SolarCity bailout.

They also allege that it unfairly enriched the Musk family, who were among the largest shareholders, and that Musk and others failed to disclose all pertinent details and breached their fiduciary responsibilities. Musk has insisted he was “fully recused” from negotiations over the deal. 

Last year, the board members named in the suit settled with the Tesla shareholders for $60 million with no admission of wrongdoing. Musk, the second-richest person in the world, was the only defendant who chose to take the fight to court.

There’s no jury to persuade in this matter. His fate will be determined by the Delaware Chancery Court’s judge, Vice-Chancellor Joseph Slights III.

Days in court

Musk has had his share of legal problems beyond SolarCity.

For example, the SEC sued him in 2018 for fraud, with Musk and Tesla settling, paying $20 million each. The charges came after Musk tweeted about taking Tesla private for $420 a share, a move that sent Tesla’s stock price soaring. Musk had to temporarily relinquish his chairman role at Tesla as one of the terms of the settlement.

In a separate case, he emerged victorious after caving expert Vernon Unsworth said Musk had defamed him when the Tesla CEO called him a “pedo guy” on twitter. His attorneys argued that “pedo guy” was heated rhetoric and not meant as statement of fact.

Tesla and Musk are facing many other lawsuits, including one over Musk’s unprecedented CEO compensation package, and a number of federal probes according to the company’s own financial filings.

In the SolarCity case, the judge will have to decide whether Musk was a conflicted controlling shareholder who met the “entire fairness” standard in his handling of the SolarCity acquisition.

In other words, was Musk acting in Tesla shareholders’ best interest? And did Musk tell shareholders everything they deserved to know?

Known as a shareholder derivative action, this kind of lawsuit is filed by investors on behalf of a corporation, rather than the individuals or funds themselves. If the plaintiffs win, proceeds may go to Tesla and not to the stakeholders who brought the suit.

Company connections

According to a filing with the chancery court, Musk owned 22.1% of Tesla common stock at the time of the deal, and 21.9% of SolarCity. SolarCity was a troubled asset that was bleeding cash in the capital-intensive market of residential solar deployment.

Vehicles sit parked outside the Tesla Inc. solar panel factory in Buffalo, New York, U.S., on Wednesday, Dec. 26, 2018.
Andrew Harrer | Bloomberg | Getty Images

Musk’s attorneys are expected to argue that the SolarCity deal hasn’t harmed shareholders at all and that they voted overwhelmingly to approve the acquisition. After all, Tesla shares have skyrocketed from a closing price of $43.92 on June 21, 2016 — when Tesla announced it would bid for SolarCity — to a closing price of $656.95 on July 9, 2021 (Friday) after a five-for-one stock split last year.

The company is also part of the S&P 500 now, and reports profits regularly.

SolarCity was founded and run by Musk’s cousins, Lyndon and Peter Rive, but backed by Musk who served as chairman of the board. Meanwhile, he also was CEO of Tesla, as well as the company’s chairman.

That wasn’t his only potential conflict. SpaceX, Musk’s aerospace venture, had invested $255 million in SolarCity bonds from March 2015 to March 2016. Four members of Tesla’s board directly or indirectly owned SolarCity stock at the time the acquisition was under consideration. And some Tesla board members also held shares in SpaceX and were on its board.

How he pitched it

To Musk and many of his supporters, the acquisition of SolarCity in 2016 represented a natural combination of his companies and a way for Tesla to pursue its environmental mission with a broader array of products. Homeowners would be able to finance and install solar rooftop panels from the same company that provided their electric vehicle, home charging station and backup battery for energy storage.

Tesla had already launched an energy division in late 2015, with a home battery dubbed the Powerwall and other big batteries for use by businesses and utilities.

By June 2016, Musk said Tesla would bid $2.8 billion to buy SolarCity. “I don’t think this creates additional financial risk for Tesla,” he said at that time, and called a merger “blindingly obvious.” But Tesla investors were skeptical, with the stock price plunging more than 10% on the announcement. 

In July 2016, Musk presented his vision of Tesla as an automotive innovator and renewable energy titan in his famous “Master Plan Part Deux.”

As CNBC previously reported, unsealed court documents, including emails between Musk and SolarCity execs, would later reveal that he knew SolarCity was facing a “liquidity crisis” even as Tesla pursued the acquisition.

“Three things need to happen to change investor sentiment: SolarCity solving its liquidity crisis, an LOI with Panasonic to address solar cell production risk, and a joint product demo,” Musk wrote to SolarCity execs in September that year. “Should be able to do all those before the shareholder vote.”

In October 2018, Tesla and SolarCity jointly announced a combined solar roof and battery pack. Musk showed off what looked like a solar panel, miniaturized and sleek enough to be mistaken for high-end roofing materials, at the Hollywood set of Desperate Housewives. 

After the deal

The hype event did help him to turn investor sentiment. In November, the deal was approved in a vote by 85% of shareholders. But after it closed, Tesla’s SolarCity business would falter.

Through the years, the company repeatedly delayed mass manufacturing its Solarglass roof tiles. The ones Musk presented as a production-ready prototype in 2016 were actually a non-functional design prototype.

Walmart sued Tesla after fires broke out on panels the company had installed atop their facilities. A former Tesla Energy employee filed a whistleblower complaint to federal agencies about the fire risks of Tesla’s solar rooftops. And Panasonic exited from the Buffalo plant that Tesla took over, once it was clear Tesla was not going to manufacture its solar roof tiles there.

While the Tesla solar roof tiles have not taken off, the company’s energy storage products are on a tear, as demand for lower-cost electricity from renewable sources picks up worldwide.

In the trial starting Monday in Wilmington, Delaware, Musk will be represented by attorneys with Ross Aronstam & Moritz (David E. Ross, Garrett B. Moritz and Benjamin Z. Grossberg). The trial is expected to run until July 23, 2021, unless the entities seek a settlement before it’s done.

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Cybersecurity firm Netskope files to go public on the Nasdaq

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Cybersecurity firm Netskope files to go public on the Nasdaq

Sanjay Beri, chief executive officer and founder of Netskope Inc., listens during a Bloomberg West television interview in San Francisco, California.

David Paul Morris | Bloomberg | Getty Images

Cloud security platform Netskope will go public on the Nasdaq under the ticker symbol “NTSK,” the company said in an initial public offering filing Friday.

The Santa Clara, California-based company said annual recurring revenue grew 33% to $707 million, while revenues jumped 31% to about $328 million in the first half of the year.

But Netskope isn’t profitable yet. The company recorded a $170 million net loss during the first half of the year. That narrowed from a $207 million loss a year ago.

Netskope joins an increasing number of technology companies adding momentum to the surge in IPO activity after high inflation and interest rates effectively killed the market.

So far this year, design software firm Figma more than tripled in its New York Stock Exchange debut, while crypto firm Circle soared 168% in its first trading day. CoreWeave has also popped since its IPO, while trading app eToro surged 29% in its May debut.

Read more CNBC tech news

Netskope’s offering also coincides with a busy period for cybersecurity deals.

The year’s two biggest technology deals include Alphabet’s $32 billion acquisition of Wiz and Palo Alto Networksambitious plan to buy Israeli identity security company CyberArk for $25 billion.

Founded in 2012, Netskope made a name for itself in its early years in the cloud access security broker space. The company lists Palo Alto Networks, Cisco, Zscaler, Broadcom and Fortinet as its major competitors.

Netskope’s biggest backers include Accel, Lightspeed Ventures and Iconiq, which recently benefited from Figma’s stellar debut.

Morgan Stanley and JPMorgan are leading the offering. Netskope listed 13 other Wall Street banks as underwriters.

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Meta set to unveil first consumer-ready smart glasses with a display, wristband next month

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Meta set to unveil first consumer-ready smart glasses with a display, wristband next month

Meta CEO Mark Zuckerberg makes a keynote speech at the Meta Connect annual event at the company’s headquarters in Menlo Park, Calif., on Sept. 25, 2024.

Manuel Orbegozo | Reuters

Meta is planning to use its annual Connect conference next month to announce a deeper push into smart glasses, including the launch of the company’s first consumer-ready glasses with a display, CNBC has learned.

That’s one of the two new devices Meta is planning to unveil at the event, according to people familiar with the matter. The company will also launch its first wristband that will allow users to control the glasses with hand gestures, the people said.

Connect is a two-day conference for developers focused on virtual reality, AR and the metaverse. It was originally called Oculus Connect and obtained its current moniker after Facebook changed its parent company name to Meta in 2021.

The glasses are internally codenamed Hypernova and will include a small digital display in the right lens of the device, said the people, who asked not to be named because the details are confidential.

The device is expected to cost about $800 and will be sold in partnership with EssilorLuxottica, the people said. CNBC reported in October that Meta was working with Luxottica on consumer glasses with a display.

Meta declined to comment. Luxottica, which is based in France and Italy, didn’t respond to a request for comment.

Meta began selling smart glasses with Luxottica in 2021 when the two companies released the first-generation Ray-Ban Stories, which allowed users to take photos or videos using simple voice commands. The partnership has since expanded, and last year included the addition of advanced AI features that made the second generation of the product an unexpected hit with early adopters. 

Luxottica owns a number of glasses brands, including Ray-Ban, and licenses many others like Prada. It’s unclear what brand Luxottica will use for the glasses with AR, but a Meta job listing posted this week said the company is looking for a technical program manager for its “Wearables organization,” which “is responsible for the Ray-Ban AR glasses and other wearable hardware.”

In June, CNBC reported that Meta and Luxottica plan to release Prada-branded smart glasses. Prada glasses are known for having thick frames and arms, which could make them a suitable option for the Hypernova device, one of the people said. 

Meta Connect 2024 kicks off

Last year, Meta CEO Mark Zuckerberg used Connect to showcase the company’s experimental Orion AR glasses.

The Orion features AR capabilities on both lenses, capable of blending 3D digital visuals into the physical world, but the device served only as a prototype to show the public what could be possible with AR glasses. Still, Orion built some positive momentum for Meta, which since late 2020 has endured nearly $70 billion in losses from its Reality Labs unit that’s in charge of building hardware devices.

With Hypernova, Meta will finally be offering glasses with a display to consumers, but the company is setting low expectations for sales, some of the sources said. That’s because the device requires more components than its voice-only predecessors, and will be slightly heavier and thicker, the people said.

Meta and Ray-Ban have sold 2 million pairs of their second-generation glasses since 2023, Luxottica CEO Francesco Milleri said in February. In July, Luxottica said that revenue from sales of the smart glasses had more than tripled year over year.

As part of an extension agreement between Meta and Luxottica announced in September, Meta obtained a stake of about 3% in the glasses company according to Bloomberg. Meta also gets exclusive rights to Luxottica’s brands for its smart glasses technology for a number of years, a person familiar with the matter told CNBC in June.

Although Hypernova will feature a display, those visual features are expected to be limited, people familiar with the matter said. They said the color display will offer about a 20 degree field of view — meaning it will appear in a small window in a fixed position — and will be used primarily to relay simple bits of information, such as incoming text messages. 

Andrew Bosworth, Meta’s technology chief, said earlier this month that there are advantages to having just one display rather than two, including a lower price.

“Monocular displays have a lot going for them,” Bosworth said in an Instagram video. “They’re affordable, they’re lighter, and you don’t have disparity correction, so they’re structurally quite a bit easier.”

‘Interact with an AI assistant’

Other details of Meta’s forthcoming glasses were disclosed in a July letter from the U.S. Customs and Border Patrol to a lawyer representing Meta. While the letter redacted the name of the company and the product, a person with knowledge of the matter confirmed that it was in reference to Meta’s Hypernova glasses.

“This model will enable the user to take and share photos and videos, make phone calls and video calls, send and receive messages, listen to audio playback and interact with an AI assistant in different forms and methods, including voice, display, and manual interactions,” according to the letter, dated July 23.

The letter from CBP was part of routine communication between companies and the U.S. government when determining the country of origin for a consumer product. It refers to the product as “New Smart Glasses,” and says the device will feature “a lens display function that allows the user to interface with visual content arising from the Smart Features, and components providing image data retrieval, processing, and rendering capabilities.”

CBP didn’t provide a comment for this story.

The Hypernova glasses will also come paired with a wristband that will use technology built by Meta’s CTRL Labs, said people familiar with the matter. CTRL Labs, which Meta acquired in 2019, specializes in building neural technology that could allow users to control computing devices using gestures in their arms. 

The wristband is expected to be a key input component for the company’s future release of full AR glasses, so getting data now with Hypernova could improve future versions of the wristband, the people said. Instead of using camera sensors to track body movements, as with Apple’s Vision Pro headset, Meta’s wristband uses so-called sEMG sensor technology, which reads and interprets the electrical signals from hand movements.

One of the challenges Meta has faced with the wristband involves how people choose to wear it, a person familiar with the product’s development said. If the device is too loose, it won’t be able to read the user’s electrical signals as intended, which could impact its performance, the person said. Also, the wristband has run into issues in testing related to which arm it’s worn on, how it works on men versus women and how it functions on people who wear long sleeves.

The CTRL Labs team published a paper in Nature in July about its wristband, and Meta wrote about it in a blog post. In the paper, the Meta team detailed its use of machine learning technology to make the wristband work with as many people as possible. The additional data collected by the upcoming device should improve those capabilities for future Meta smart glasses.

“We successfully prototyped an sEMG wristband with Orion, our first pair of true augmented reality (AR) glasses, but that was just the beginning,” Meta wrote in the post. “Our teams have developed advanced machine learning models that are able to transform neural signals controlling muscles at the wrist into commands that drive people’s interactions with the glasses, eliminating the need for traditional—and more cumbersome—forms of input.”

Bloomberg reported the wristband component in January.

Meta has recently started reaching out to developers to begin testing both Hypernova and the accompanying wristband, people familiar with the matter said. The company wants to court third-party developers, particularly those who specialize in generative AI, to build experimental apps that Meta can showcase to drum up excitement for the smart glasses, the people said.

In addition to Hypernova and the wristband, Meta will also announce a third-generation of its voice-only smart glasses with Luxottica at Connect, one person said.

That device was also referenced by CBP in its July letter, referring to it as “The Next Generation Smart Glasses.” The glasses will include “components that provide capacitive touch functionality, allowing users to interact with the Smart Glasses through touch gestures,” the letter said.

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Google shares rise on report of Apple using Gemini for Siri

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Google shares rise on report of Apple using Gemini for Siri

Google CEO Sundar Pichai gestures to the crowd during Google’s annual I/O developers conference in Mountain View, California on May 20, 2025.

Camille Cohen | Afp | Getty Images

Alphabet shares rose on a Friday report that Apple is in early discussions to use Google’s Gemini AI models for an updated version of the iPhone-maker’s Siri assistant.

The company’s shares rose more than 3% on the Bloomberg report, which said Apple recently inquired of Google about the potential for the search giant to build a custom AI model that would power a new Siri that could launch next year. Google’s flagship AI models Gemini have consistently been atop key benchmarks for artificial intelligence advancements while Apple has struggled to define its own AI strategy.

The reported talks come as Google faces potential risk to its lucrative search deals with Apple. This month, a U.S. judge is expected to rule on the penalties for Google’s alleged search monopoly, in which the Department of Justice recommending eliminating exclusionary agreements with third parties. For Google, that refers to its search position on Apple’s iPhone and Samsung devices — deals that cost the company billions of dollars a year in payouts.

The Android maker has said its Gemini models will become the default assistant on Android phones. Google this year has showed Gemini doing capabilities that go beyond Siri’s capabilities, such as summarizing videos. 

Craig Federighi, who oversees Apple’s operating systems, said at last year’s developer conference that the iPhone maker would like to add other AI models for specific purposes into its Apple Intelligence framework. Federighi specifically mentioned Google, whose Gemini can now hold conversations with users and handle input that comes from photos, videos, voice or text. Apple is also exploring partnerships with Anthropic and OpenAI as it tried to renew its AI roadmap, according to a June Bloomberg report.

Documents revealed during Google’s remedy trial showed executives from Apple were involved in the negotiations over using Google’s Gemini for a potential search option.

Google declined to comment. 

WATCH: Apple explores using Google Gemini AI to power revamped Siri, reports say

Apple explores using Google Gemini AI to power revamped Siri, reports say

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