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Tesla investors say Elon Musk’s tweets cost them billions. His trial starts today

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While still grappling with the fallout from a company he did take private, beleaguered billionaire Elon Musk is now facing a trial over a company he didn’t.

Long before Musk purchased Twitter for $44 billion US in October, he had set his sights on Tesla, the electric automaker where he continues to serve as CEO and from which he derives most of his wealth and fame.

Musk claimed in an Aug. 7, 2018, tweet that he had “funding secured” to pay for a $72-billion buyout of Tesla, which he then amplified with a follow-up statement that made a deal seem imminent.

But the buyout never materialized and now Musk will have to explain his actions under oath in a U.S. federal court in San Francisco. The trial, which begins on Tuesday with jury selection, was triggered by a class-action lawsuit on behalf of investors who owned Tesla stock for a 10-day period in August 2018.

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The shareholders have not specified the damages, but said Musk’s tweets cost investors “billions.”

Change of venue bid rejected by judge

Musk’s 2018 tweets fuelled a rally in Tesla’s stock price that abruptly ended a week later, after it became apparent that he didn’t have the funding for a buyout. That resulted in him scrapping his plan to take the automaker private, culminating in a $40-million settlement with U.S. securities regulators that also required him to step down as the company’s chair.

 

Front Burner25:36Tesla’s stock is tanking. Here’s why

Not long ago, Tesla seemed unstoppable. But Elon Musk’s electric vehicle juggernaut closed out 2022 as the worst-performing stock among the most valuable tech companies — and its shares have dipped even lower since then. Today, Patrick George — a contributing writer with Vox Media’s The Verge and an editor with The Autopian — joins us for a look at where things went south for Tesla, and the hurdles the company faces going forward.

Musk has since contended he entered that settlement under duress and maintained he believed he had locked up financial backing for a Tesla buyout during meetings with representatives from Saudi Arabia’s Public Investment Fund.

The trial’s outcome may hinge on the jury’s interpretation of Musk’s motive for tweets that U.S. District Judge Edward Chen has already decided were a falsehood and “reckless.”

Chen on Friday rejected Musk’s bid to transfer the trial to a federal court in Texas, where Tesla moved its headquarters in 2021. Musk had argued that negative coverage of his Twitter purchase had poisoned the jury pool in the San Francisco Bay Area.

Musk’s leadership of Twitter — where he has gutted the staff and alienated users and advertisers — has proven unpopular among Tesla’s current stockholders, who are worried he has been devoting less time to steering the automaker at a time of intensifying competition.

Those concerns contributed to a 65 per cent percent decline in Tesla’s stock last year that wiped out more than $700 billion in shareholder wealth — far more than the $14 billion swing in fortune that occurred during the August 2018 period covered in the class-action lawsuit.

The lawsuit is based on the premise that Tesla’s shares wouldn’t have traded at such a wide range if Musk hadn’t dangled the prospect of buying the company for $420 per share. The shares closed last week at $122.40.

High-profile names on witness list

After Musk dropped the idea of a Tesla buyout, the company overcame a production problem, resulting in a rapid upturn in car sales that caused its stock to soar and minted Musk as the world’s richest person until he bought Twitter.

The trial is likely to provide insights into Musk’s management style, given the witness list includes some of Tesla’s current and former top executives and board members, including Larry Ellison, Oracle co-founder, as well as James Murdoch, the son of media mogul Rupert Murdoch.

The drama also may shed light on Musk’s relationship with his brother, Kimbal, who is also on the list of potential witnesses in a trial scheduled to continue through Feb. 1.

It’s unusual for such a case to proceed all the way to a verdict. Hundreds of U.S. securities class actions have been filed every year since 1996, but only 15 resulted in trial verdicts since then, according to the Wolf Popper law firm.

Around half are dismissed for failing to comply with securities law, and most of the rest are settled.

Musk, also the CEO of SpaceX and a co-founder of companies OpenAI and Neuralink, is no stranger to the courtroom.

He beat a libel case in 2019 before a California jury over claims he defamed a cave explorer from the famous Thailand rescue when he referred the man as “pedo guy” in a tweet.

He also won a bench trial in Delaware’s Court of Chancery last year over claims by Tesla shareholders that he allegedly coerced the Tesla board into buying SolarCity, a rooftop solar panel maker. Tesla shareholders have appealed the verdict.

Last year, he fought an ultimately losing battle to wriggle out of his deal to buy Twitter, and he defended his $56 billion Tesla pay in a bench trial. Both of those were in the same Delaware court and a ruling is expected later this year on his pay package.

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Gildan replacing five directors ahead of AGM, will back two Browning West nominees – Yahoo Canada Finance

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MONTREAL — Gildan Activewear Inc. is making changes to its board of directors in an attempt to head off a move by an activist shareholder looking to replace a majority of the board at its annual meeting next month.

U.S. investment firm Browning West wants to replace eight of Gildan’s 12 directors with its own nominees in a move to bring back founder Glenn Chamandy as chief executive.

Gildan, which announced late last year that Chamandy would be replaced by Vince Tyra, said Monday it will replace five members of its board of directors ahead of its annual meeting set for May 28.

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It also says current board members Luc Jobin and Chris Shackelton will not run for re-election and that it will recommend shareholders vote for Karen Stuckey and J.P. Towner, who are two of Browning West’s eight nominees.

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The new directors who will join the Gildan board on May 1 are Tim Hodgson, Lee Bird, Jane Craighead, Lynn Loewen and Les Viner. They will replace Donald Berg, Maryse Bertrand, Shirley Cunningham, Charles Herington and Craig Leavitt.

Hodgson, who served as chief executive of Goldman Sachs Canada from 2005 to 2010, is expected to replace Berg as chair.

“I look forward to working with this highly qualified board and management team to realize the full benefits of Vince’s ambitious yet realistic plan to drive growth by enhancing the Gildan sustainable growth strategy,” Hodgson said in a statement.

“The refreshed board and I fully believe in Vince and his talented team as well as Gildan’s leading market position and growth prospects.”

Gildan has been embroiled in controversy ever since it announced Chamandy was being replaced by Tyra.

The company has said Chamandy had no credible long-term strategy and had lost the board’s confidence. But several of Gildan’s investors have criticized the company for the move and called for his return.

Those investors include the company’s largest shareholder, Jarislowsky Fraser, as well as Browning West and Turtle Creek Asset Management.

In announcing the board changes, Gildan said it met with shareholders including those who Browning West has counted as supportive.

“Our slate strikes a balance between ensuring the board retains historical continuity during a period of transition and provides fresh perspectives to ensure it continues to serve its important oversight function on behalf of all shareholders,” the company said.

Gildan said last month that it has formed a special committee of independent directors to consider a “non-binding expression of interest” from an unnamed potential purchaser and contact other potential bidders.

But Browning West and Turtle Creek have said the current board cannot be trusted to oversee a sale of the company.

The company said Monday that there continues to be external interest in acquiring the company and the process is ongoing.

This report by The Canadian Press was first published April 22, 2024.

Companies in this story: (TSX:GIL)

The Canadian Press

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Ottawa puts up $50M in federal budget to hedge against job-stealing AI – CP24

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Anja Karadeglija, The Canadian Press


Published Sunday, April 21, 2024 4:02PM EDT


Last Updated Sunday, April 21, 2024 4:04PM EDT

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Worried artificial intelligence is coming for your job? So is the federal government — enough, at least, to set aside $50 million for skills retraining for workers.

One of the centrepiece promises in the federal budget released Tuesday was $2.3 billion in investments aiming to boost adoption of the technology and the artificial intelligence industry in Canada.

But tucked alongside that was a promise to invest $50 million over four years “to support workers who may be impacted by AI.” Workers in “potentially disrupted sectors and communities” will receive new skills training through the Sectoral Workforce Solutions Program.

“There is a significant transformation of the economy and society on the horizon around artificial intelligence,” said Joel Blit, an associate professor of economics at the University of Waterloo.

Some jobs will be lost, others will be created, “but there’s going to be a transition period that could be somewhat chaotic.”

While jokes about robots coming to take jobs predate the emergence of generative AI systems in late 2022, the widespread availability of systems like ChatGPT made those fears real for many, even as workers across industries began integrating the technology into their workday.

In June 2023, a briefing note for Finance Minister Chrystia Freeland warned the impact of generative AI “will be felt across all industries and around 40 per cent of all working hours could be impacted.”

“Banking, insurance and energy appear to have higher potential for automation compared to other sectors,” says the note, obtained through access to information and citing information from Accenture.

“This could have substantial impacts on jobs and skills requirements.”

The budget only singles out “creative industries” as an affected sector that will be covered by the program. In February, the Canadian TV, film, and music industries asked MPs for protection against AI, saying the tech threatens their livelihood and reputations.

Finance Canada did not respond to questions asking what other sectors or types of jobs would be covered under the program.

“The creative industries was used as an illustrative example, and not intended as an exclusion of other affected areas,” deputy Finance spokesperson Caroline Thériault said in a statement.

In an interview earlier this year, Bea Bruske, president of the Canadian Labour Congress, said unions representing actors and directors have been very worried about how their likenesses or their work could be used by AI systems. But the “reality is that we have to look at the implication of AI in all jobs,” she said.

Blit explained large language models and other generative AI can write, come up with new ideas and then test those ideas, analyze data, as well as generate computer programming code, music, images, and video.

Those set to be affected are individuals in white-collar professions, like people working in marketing, health care, law and accounting.

In the longer run, “it’s actually quite hard to predict who is going to be impacted,” he said. “What’s going to happen is that entire industries, entire processes are going to be reimagined around this new technology.”

AI is an issue “across sectors, but certainly clerical and customer service jobs are more vulnerable,” Hugh Pouliot, a spokesperson for the Canadian Union of Public Employees, said in an email.

The federal government has used AI in nearly 300 projects and initiatives, new research published earlier this month revealed.

According to Viet Vu, manager of economic research at Toronto Metropolitan University’s the Dais, the impact of AI on workers in a sector like the creative industry doesn’t have to be negative.

“That’s only the case if you adopt it irresponsibly,” he said, pointing out creative professionals have been adopting new digital tools in their work for years.

He noted only four per cent of Canadian businesses are using any kind of artificial intelligence or machine learning. “And so we’re really not there yet for these frontier models and frontier technologies” to be making an impact.

When it comes to the question of how AI will affect the labour market, it’s more useful to think about what types of tasks technology can do better, as opposed to whether it will replace entire jobs, Vu said.

“A job is composed of so many different tasks that sometimes even if a new technology comes along and 20, 30 per cent of your job can be done using AI, you still have that 60, 70 per cent left,” he said.

“So it’s rare that (an) entire occupation is actually sort of erased out of existence because of technology.”

Finance Canada also did not respond to questions about what new skills the workers would be learning.

Vu said there are two types of skills it makes sense to focus on in retraining — computational thinking, or understanding how computers operate and make decisions, and skills dealing with data.

There is no AI system in the world that does not use data, he said. “And so being able to actually understand how data is curated, how data is used, even some basic data analytics skills, will go a really long way.”

But given the scope of the change the AI technology is set to trigger, critics say a lot more than $50 million will be necessary.

Blit said the money is a good first step but won’t be “close to enough” when it comes to the scale of the coming transformation, which will be comparable to globalization or the adoption of computers.

Valerio De Stefano, Canada research chair in innovation law and society at York University, agreed more resources will be necessary.

“Jobs may be reduced to an extent that reskilling may be insufficient,” and the government should look at “forms of unconditional income support such as basic income,” he said.

The government should also consider demanding AI companies “contribute directly to pay for any social initiative that takes care of people who lose their jobs to technology” and asking “employers who reduce payrolls and increase profits thanks to AI to do the same.”

“Otherwise, society will end up subsidizing tech businesses and other companies as they increase profit without giving back enough for technology to benefit us all.”

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Honda to build electric vehicles and battery plant in Ontario, sources say – Global News

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Honda Canada is set to build an electric vehicle battery plant near its auto manufacturing facility in Alliston, Ont., where it also plans to produce fully electric vehicles, The Canadian Press has learned.

Senior sources with information on the project confirmed the federal and Ontario governments will make the announcement this week, but were not yet able to give any dollar figures.

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However, comments Monday from Ontario Premier Doug Ford and Economic Development Minister Vic Fedeli suggest it is a project worth around $14 billion or $15 billion.

Ford told a First Nations conference that there will be an announcement this week about a new deal he said will be double the size of a Volkswagen deal announced last year. That EV battery plant set to be built in St. Thomas, Ont., comes with a $7-billion capital price tag.

Fedeli would not confirm if Ford was referencing Honda, but spoke coyly after question period Monday about the amount of electric vehicle investment in the province.

“We went from zero to $28 billion in three years and if the premier, if his comments are correct, then next week, we’ll be announcing $43 billion … in and around there,” he said.

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The Honda facility will be the third electric vehicle battery plant in Ontario, following in the footsteps of Volkswagen and a Stellantis LG plant in Windsor, and while those two deals involved billions of dollars in production subsidies as a way of competing with the United States’ Inflation Reduction Act subsidies, Honda’s is expected to involve capital commitments and tax credits.


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Federal Finance Minister Chrystia Freeland’s recent budget announced a 10-per-cent Electric Vehicle Supply Chain investment tax credit on the cost of buildings related to EV production as long as the business invests in assembly, battery production and cathode active material production in Canada.

That’s on top of an existing 30-per-cent Clean Technology Manufacturing investment tax credit on the cost of investments in new machinery and equipment.

Honda’s deal also involves two key parts suppliers for their batteries — cathodes and separators — with the locations of those facilities elsewhere in Ontario set to be announced at a later date.

The deal comes after years of meetings and discussions between Honda executives and the Ontario government, the sources said.

Prime Minister Justin Trudeau, Premier Doug Ford and Honda executives were on hand in March 2022 in Alliston when the Japanese automaker announced hybrid production at the facility, with $131.6 million in assistance from each of the two levels of government.

Around the time of that announcement, conversations began about a larger potential investment into electric vehicles, the sources said, and negotiations began that summer.

Fedeli travelled to Japan that fall, the first of three visits to meet with Honda Motor executives about the project. Senior officials from the company in Japan also travelled to Toronto three times to meet with government officials, including twice with Ford.

During a trip by the Honda executives to Toronto in March 2023, Ontario officials including Fedeli pitched the province as a prime destination for electric vehicle and battery investments, part of a strong push from the government to make Ford’s vision of an end-to-end electric vehicle supply chain in the province a reality.

Negotiations took a major step forward that July, when Ontario sent a formal letter to Honda Canada, signalling its willingness to offer incentives for a battery plant and EV production. Honda Canada executives then met with Ford in November and December.

The latter meeting sealed the deal, the sources said.

Honda approached the federal government a few months ago, a senior government official said, and Freeland led her government’s negotiations with the company.

The project is expected to involve the construction of several plants, according to the source.

— With files from Nojoud Al Mallees in Ottawa.

&copy 2024 The Canadian Press

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