Elon Musk, chief executive officer of Tesla Inc., departs court in San Francisco, California, US, on Tuesday, Jan. 24, 2023.
Marlena Sloss | Bloomberg | Getty Images
The SEC argued in a letter to the U.S. Court of Appeals for the Second Circuit in New York this week that Tesla CEO Elon Musk still needs a so-called “Twitter sitter,” and that an earlier settlement agreement between them is fully constitutional and valid.
Now a centi-billionaire, Musk in 2018 wrote on Twitter that he had “funding secured” to take his electric vehicle company private for $420 per share, and that “investor support” for such a deal was “confirmed.” Tesla trading halted after his tweets, and the price of shares in the automaker see-sawed for weeks.
When the SEC charged him with civil securities fraud in response to those tweets, Musk and Tesla settled, signing a revised consent decree in 2019. As part of the settlement, Tesla and Musk each agreed to pay $20 million fines, and Musk agreed to relinquish his role as chairman of the board at Tesla for three years.
Among other terms, Musk agreed to a “Twitter sitter,” colloquially speaking. He was supposed to work with a securities lawyer at Tesla who would review and approve his tweets before he posted them in any instance when they may contain material business information about the company.
After they struck this agreement, Elon Musk has repeatedly said that he doesn’t respect the Securities and Exchange Commission (SEC), and in a series of press interviews and depositions suggested that nobody reviews his tweets before he posts them.
Musk and his attorney, Alex Spiro, have argued since their settlement that the SEC effectively intimidated Musk into signing it, and that the terms of even the revised consent decree amount to “unconstitutional” infringement on Musk’s free speech rights.
With the appeal in the Second Circuit, Musk is trying to unwind at least some terms of the earlier SEC settlement agreement.
Earlier this week, Spiro submitted a letter that court in New York saying that a jury verdict in a separate, shareholder class action trial that concluded recently in a San Francisco federal court should be given consideration in the appearl. During the shareholder class action trial, Spiro and Musk convinced jurors that the Tesla CEO did not violate certain securities laws with his tweets in 2018.
In its reply letter this week, the SEC argued that “Musk waived his opportunity to test the Commission’s allegations at trial when he voluntarily agreed (twice) to a consent judgment.”
They also argue that the verdict in San Francisco “says nothing about the continuing public interest in a negotiated settlement term that does not preclude Musk from tweeting accurately about Tesla or other topics, but rather requires Tesla to review Musk’s Tesla-related communications before publication, including through Musk’s Twitter feed — a communication channel designated by Tesla for disclosure.”
The SEC lawyers also questioned whether there is any legal basis to consider undoing the settlement all these years later.
An oral argument for the appeal is slated for some time this spring, but a final date has not been set.
Bitcoin on Wednesday climbed back above $95,000, recovering slightly from a pullback this week that knocked it from record levels.
The price of the flagship cryptocurrency was last higher by 5% at $95,886.00, according to Coin Metrics, while ether jumped more than 7% to $3,555.82. The broader crypto market, as measured by the CoinDesk 20 index, gained 5%.
Although bitcoin is widely viewed as a store of value and a digital alternative to gold, the cryptocurrency often trades in tandem with the stock market. On Wednesday, however, it decoupled with the tech-heavy Nasdaq Composite, which was lower by 1%. The Dow Jones Industrial Average and S&P 500 dropped as well.
Coinbase was up more than 2% as bitcoin lifted it along with other crypto stocks. Robinhood – which offers crypto trading and is viewed as a beneficiary of a more crypto-friendly environment in the incoming Trump administration, gained 4%. MicroStrategy, which trades as a proxy for bitcoin, advanced 7%.
Bitcoin has been regularly hitting records since the Nov. 5 election, up about 38% in that time. On Friday, it rose as high as $99,849.99 before testing the $90,000 support level this week.
“The bitcoin bull market has legs,” Alex Thorn, head of firmwide research at Galaxy Digital, said in a report Wednesday. “There will be corrections and hiccups, which is normal. There could even some twilight regulatory or law enforcement actions from the outgoing Biden administration that jitter markets. But a combination of increasing institutional, corporate, and potentially nation-state adoption, a new U.S. administration that is shaping up to be extremely pro-bitcoin, and solid positioning and network data all point to higher over the near and medium term.”
Fairlead Strategies’ Katie Stockton told CNBC’s “Squawk Box” on Monday that, at current levels, bitcoin investors are in “unchartered territory in terms of where there’s resistance – which, of course, there is none.” Meanwhile, support is around $74,000. Bitcoin reached $92,000 for the first time ever just two weeks ago, on Nov. 13.
“Bitcoin does tend to stair step both to the downside and to the upside, meaning that it sees these very sharp run ups and then consolidates,” she said. “People should … be willing to give bitcoin, and the cryptocurrencies in general, more room — because of the volatility there and also because of the long-term potential.”
Bitcoin is up 124% for the year and is still widely expected to reach the $100,000 milestone before the year is over. Ether, the outperformer since the election, is trailing bitcoin on a year-to-date basis with a 55% gain.
Shoppers looking for gadgets and gizmos powered by generative AI technology to gift to their loved ones won’t have many options to choose from this holiday season.
Generative artificial intelligence has taken Silicon Valley by storm since the launch of OpenAI’s ChatGPT chatbot in November 2022. Although startups have raised billions to build new GenAI tools and tech giants have bought millions of Nvidia processors to train AI models, few companies have delivered new hardware built with the new-age tech as its focal point.
There was a lot of optimism over the potential of GenAI gadgets at the CES trade show in January, said Paul Gagnon, vice president for analyst firm Circana. In particular, products from high-profile startups such as Humane and Rabbit, which were marketed as being able to translate, answer questions, take voice memos and set alarms, were drawing buzz, Gagnon said.
But many of these new GenAI devices didn’t work as well as people expected, with reviewers saying that the gadgets were too slow and too prone to failure.
“As we’ve gone through the year, and those kinds of promises — which I’ll be honest, were pretty nebulous to start with — there’s been a bit of a struggle with communicating that to consumers,” Gagnon said.
A key reason GenAI hardware hasn’t had a breakthrough is that current devices are “compute restrained,” meaning they require more powerful silicon chips and related components to perform better, particularly when compared with smartphones, said Ben Bajarin, CEO of Creative Strategies, a market research firm.
Additionally, consumers may find current GenAI devices too expensive, and they may be confused about what the devices can actually do, he said.
GenAI devices, such as the Ray-Ban Meta smart glasses, also typically require a smartphone connection for an accompanying app as well as strong internet access, because a bad internet connection can lead to performance delays that frustrate people, Bajarin said.
While companies such as Microsoft, Apple, Intel, Dell and Lenovo have also heavily marketed new lineups of personal computers capable of performing GenAI tasks, consumers have yet to perk up to the sales pitch, said Ryan Reith, an IDC program vice president for mobile devices.
“I don’t think that there’s actually a need for consumers to go out and get one of these more expensive PCs,” Reith said, noting that people may be confused about why they need beefier computers when they can already access tools such as ChatGPT through their current PCs.
The reality is that while GenAI has captivated Silicon Valley, it’s still “inning zero” in regard to widespread adoption, Bajarin said.
“Even though I can rattle off all these productivity stats of how people are using AI today, it’s a very small number of people,” he said. “This is not mainstream.”
It may not be until 2025 that consumers see a “big explosion” in GenAI computers, smartphones and new gadgets, said Steve Koenig, vice president of research at the Consumer Technology Association, which produces CES.
Despite Silicon Valley not having a breakout year for GenAI hardware, here are a few GenAI devices early adopters can buy.
Ray-Ban Meta glasses
Meta released the second generation of its Ray-Ban smart glasses in 2023, but the company began rolling out GenAI features for the device earlier this year and announced several new AI capabilities at its Connect event in September.
The glasses don’t offer users augmented reality capabilities, but people can use the device to take photos, listen to music and ask the Meta AI digital assistant for information about the things within their field of view.
With the help of the device’s mics and camera, for instance, users can ask the Meta AI digital assistant to recommend a recipe when they walk through a grocery aisle and scan the shelves, the company said in a blog post.
Meta, which makes Facebook and Instagram, is selling certain versions of the glasses for 20% off through Dec. 2. This means that a pair of the Ray-Ban Meta Skyler style of glasses will cost $239.20 instead of $299 if bought online.
Rabbit r1
The Rabbit r1 is a $200 gizmo that looks like an orange, miniaturized tablet with a playful aesthetic that’s more Nintendo Switch than Apple iPad.
Outfitted with a camera and dual mics, the r1 can record audio clips and set timers or perform more advanced tasks, such as helping users recall details from past conversations, search results and voice recordings. After the device began shipping in March, reviewers criticized the r1 for stumbling at various tasks and failing to outshine smartphones that can do many of the same functions.
The startup “has used that feedback to rapidly make very significant improvements to the user experience” and has released scores of updates to improve, Rabbit CEO Jesse Lyu told CNBC in a statement.
Despite the harsh reviews, Rabbit has “sold more than 100,000 r1 devices when we originally expected to sell only 3,000” and the company is “seeing a return rate of less than 5%, which is very solid for a first-generation product,” Lyu said.
Rabbit is currently running a deal that gives shoppers free shipping, or $15 off, if they order an r1 by Dec. 4.
Bee
After raising $7 million in funding in July, the startup Bee AI will begin selling its GenAI device, the Bee, on Friday.
The Bee looks like an internet-connected smartwatch and functions like an advanced digital assistant. Its dual mics allow it to listen and analyze people’s voice memos and conversations to provide summaries and to-do lists, Bee AI CEO Maria de Lourdes Zollo told CNBC.
The Bee can also be integrated with health-care tools and people’s Google and Gmail accounts to help generate personalized summaries and action items, Zollo said. Although the startup offers a Bee app for the Apple Watch for people who don’t want to buy another hardware device, she said the core Bee device is better at understanding voices in loud environments.
Shoppers can buy the Bee for $49.99 and get its basic tasks, but they will have to pay a $15-per-month subscription for more features such as “better memory or better capabilities,” Zollo said.
For Black Friday, Bee is offering shoppers three free months of the device’s subscription service. The device should ship in time for Christmas, Zollo said.
Just Eat Takeaway said it was delisting its shares from the London Stock Exchange due to the “low liquidity and trading volumes” of its shares on the exchange.
Mike Kemp | In Pictures | Getty Images
Just Eat Takeaway will delist from the London Stock Exchange next month, in a blow to the U.K.’s ambitions to attract more high-growth tech firms to its stock market.
After completing a review of optimal listing venues, the Anglo-Dutch food delivery firm said Wednesday that it intends to delist from London’s stock exchange, making Amsterdam Just Eat Takeaway.com’s sole trading venue.
Explaining its decision, Just Eat Takeaway said it was delisting its shares from the LSE in a bid to “reduce the administrative burden, complexity and costs associated with the disclosure and regulatory requirements of maintaining the LSE listing, and in the context of low liquidity and trading volumes.”
Just Eat Takeaway shares slipped 1.5% following the delisting announcement.
It has requested that the LSE and the Financial Conduct Authority, the U.K.’s markets watchdog, cancel its listing, so that it can remain primarily listed on the Amsterdam exchange.
The delisting will become effective from 8 a.m London time on Dec. 27, while Dec. 24 will mark the last date of trading of Just Eat Takeaway’s shares on the LSE.
Earlier this month, Just Eat Takeaway.com said it would sell its GrubHub arm to New York-based online takeout startup Wonder for $650 million — a huge discount compared to the $7.3 billion the firm paid for the U.S. food delivery app.