Category Archives: Business

Chamath Palihapitiya steps down from Virgin Galactic board

Virgin Galactic leaders in front of the New York Stock Exchange, from left: CEO George Whitesides, founder Richard Branson and Chairman Chamath Palihapitiya.

Virgin Galactic

Virgin Galactic announced Friday that Chairman Chamath Palihapitiya is stepping down from the space tourism company’s board of directors, effective immediately.

Palihapitiya’s SPAC, or special purpose acquisition company, took Virgin Galactic public in October 2019. The company’s stock has experienced volatile trading since then – climbing above $60 a share in the months ahead of Sir Richard Branson’s test spaceflight, but recently falling back below its public debut price with the beginning of commercial service delayed more than two years from what the company forecast.

The now-former chairman sold his personal Virgin Galactic stake in early 2021 that was worth over $200 million at the time. But Palihapitiya indirectly owns about 15.8 million shares through Social Capital Hedosophia Holdings.

In a statement, Palihapitiya said he is leaving “to focus on other existing and upcoming public board responsibilities” but is “proud to leave the team in such capable hands” and looks forward to “one day flying to space with them.”

Virgin Galactic’s stock was little changed in premarket trading from its previous close of $9.01 a share.

“We’ve always known the time would come when he would shift his focus to new projects and pursuits. I’m grateful for everything Chamath has done for our company and wish him all the best,” Virgin Galactic CEO Michael Colglazier said in a statement.

The company said that Virgin Galactic board director Evan Lovell will serve as interim chairman, with a new chair expected to be selected later. In a filing, Virgin Galactic said Palihapitiya informed the board of his decision to resign on Thursday.

Virgin Galactic has steadily made changes to its structure and brand under Colglazier, who was appointed as CEO in July 2020. Earlier this week the company revealed a rebrand, replacing the iris of Branson in its logo with a purple outline of its spacecraft.

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Wall Street analysts share hedging tactics as Russia-Ukraine tensions mount

A service member of the Ukrainian armed forces takes part in tactical military exercises at a training ground in the Rivne region, Ukraine February 16, 2022.

Ukrainian Presidential Press Service via Reuters

Assets across the spectrum have been affected by the geopolitical tensions, including oil and natural gas, wheat, the Russian ruble and safe havens such as gold, government bonds, the Japanese yen and the Swiss franc.

Philipp Lisibach, chief global strategist at Credit Suisse, told CNBC earlier this week that any confirmed de-escalation would give a boost to risk assets after a period of uncertainty and volatility.

“If we have, let’s say, a resolution in terms of the geopolitical issues that we currently face, I would imagine that the global economy takes a breather, risky elements of the market can certainly recover, the cyclicality and the value trade should probably do well, and European equities particularly that have come under pressure, we assume that they can continue to outperform, so we would certainly look into that angle specifically,” Lisibach said.

‘General geopolitical hedges’

Given the vast array of possible outcomes to the current standoff, investors have been reluctant to set forth a base case scenario, opting instead for careful portfolio hedging to mitigate the potential downside risks of a Russian invasion, while capturing some of the upside in the event of a de-escalation.

“We would rarely look to position for material geopolitical risk, as it’s so opaque. That said, we do have some general geopolitical hedges in the portfolio, principally gold and, depending on the source of the risk, some oil exposure, as well as, of course, some government bonds, though with reduced duration,” said Anthony Rayner, multi-asset manager at Premier Miton Investors.

Bhanu Baweja, chief strategist at UBS Investment Bank, argued earlier this week that outside of energy and Russian assets, markets had actually not priced in a great deal of risk.

“We have seen equities come off a little bit, but if you look at consumer durables — because that is the one sector or subsector that would definitely be impacted through weaker growth and higher inflation — in Europe that sector is doing much better than it is in the U.S.” he said.

Baweja added that U.S. high yield debt is also underperforming that of Europe, while the euro has remained relatively steady.

Markets are tracking the “playbook from 2014,” Baweja suggested, when Russia first invaded Crimea and the subsequent levying of sanctions against Russia through the summer.

“Through that period what really happened was some parts of CEE FX got impacted, oil rose a little bit in the first iteration, came down in the second one, so not a lot happened in stocks, so really it became quite a local event,” Baweja told CNBC on Tuesday.

“This time it seems much more serious, but I don’t think investors want to completely upend their way of thinking and probably want to look for hedges, rather than completely changing their core portfolio.”

FX seen as the best hedge

In terms of hedging, Baweja suggested that with equity and bond volatility already high due to central bank speculation, investors should look to foreign exchange markets, where volatility is still relatively low.

“Similar to 2014, I would be looking at CEE (Central and Eastern Europe) FX, places like dollar-Pole (zloty) or dollar-Czech (koruna), for hedges,” he said.

“Russian assets themselves have moved a lot so they along with energy are pricing a lot of risk, which also means if the situation becomes better, then you really shouldn’t see global equities seeing massive relief from that, you should see Russian assets going up and energy coming down.”

If the situation escalates, Baweja suggested hedging through FX rather than buying defensive stocks or favoring U.S. assets over Europe.

“If we have to do it within equities, we think DAX and European banks are probably the best hedges,” he added.

While equity markets in Russia and around the world continue to look sensitive to geopolitical developments, the ruble has remained relatively robust around the 75 mark against the dollar, despite some volatility.

Luis Costa, head of CEEMEA FX and rates strategy at Citi, told CNBC on Thursday that flows into the ruble are likely to render it the most resilient Russian asset class, with high energy and gas prices pointing to strong current account surpluses in Russia.

“And let’s not forget Russia used to buy FX, they used to buy dollars as a derivative on the fiscal law, and they stopped the purchase of dollars about a month ago in order to support the currency,” Costa said.

“This is making natural flows in Ruble even more positive for the currency, so we think that – in the whole asset array of Ruble risk, of Russia risk, credit, rates, bonds and FX – FX will continue to be the most resilient part of the puzzle here.”

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Coca-Cola Starlight: Coke’s new flavor is out of this world

At least, that’s the idea behind Coca-Cola Starlight, a new limited-edition version of the classic soda that comes in regular and zero sugar.

Unlike “cherry” or “vanilla,” it’s not immediately clear how “starlight” is supposed to taste. So Redditors who spotted images of the new product online a few months ago shared some theories about the new drink’s flavor. Some say they spotted the mysterious new product on retailer websites ahead of the official launch, slated for next week.
One guessed raspberry, because “a quick Google search says that space tastes like raspberries.” (Astronomers do think that the center of the galaxy may taste like raspberries and smell like rum, according to a 2009 Guardian article. Delicious! And not a bad idea for Coca-Cola, which is launching spiked versions of its drinks left and right.) More recently, a YouTuber who tried the product noted after-tastes of “chocolate [and] graham cracker.” That led another Redditor to guess that the flavor is “s’mores.”

On Thursday, Coca-Cola finally cleared up the mystery. Sort of. The company’s explanation is … well, see for yourself: Starlight is “inspired by space” has “notes reminiscent of stargazing around a campfire, as well as a cooling sensation that evokes the feeling of a cold journey to space,” the company said in a release.

So yeah, maybe s’mores?

Also, it’s red. Or in the company’s words, “Coca-Cola Starlight combines great Coca-Cola taste with a dash of the unexpected, including a reddish hue.”

To this reporter, after tasting a sample of the zero-sugar version provided by the company, that last sentence just about sums it up. The beverage did not taste like space travel or sitting around a campfire. It did, however, taste like a sweeter version of Coca-Cola. And it is definitely red.

Starlight is getting the full Coca-Cola Creations promotional treatment, which includes a digital marketing campaign featuring pop singer Ava Max.

Coke’s new marketing strategy

Last year, Coca-Cola launched a new brand platform called “Real Magic.” The idea is to take a slightly different approach to marketing Coke — one that tries to reach new consumers by focusing on gaming and music, among other things. Coca-Cola Creations, which will introduce new limited-time “products and experiences across physical and digital worlds,” is part of that platform.

“When we launched ‘Real Magic,’ we wanted to connect with and celebrate the experiences that bring joy to young people today, and that has taken us to an exciting new territory,” Oana Vlad, senior director of global brand strategy at Coca-Cola, said in a statement Thursday.

For Coca-Cola, reaching young consumers is essential because interest in soft drinks has been declining for years. Exciting new campaigns and mysterious products could be a way to get potential new customers to pay attention.

So what does that entail? In the case of Starlight, it means a holographic concert by Ava Max, who has also performed in the gaming platform Roblox. The concert can be accessed via a QR code on the Starlight label. Plus, the sparkly packaging and that reddish hue.

But not everything about Starlight is new. It’s also a nod to when Coca-Cola actually sent a can of Coke to space in the 1980s. But that one just tasted like Coke.

Update: This story has been updated to reflect that Coca-Cola Starlight comes in both zero-sugar and regular varieties.

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U.S. adds e-commerce sites operated by Tencent, Alibaba to ‘notorious markets’ list

Feb 17 (Reuters) – E-commerce sites operated by China’s Tencent Holdings Ltd (0700.HK) and Alibaba Group Holding Ltd (9988.HK) were included on the U.S. government’s latest “notorious markets” list, the U.S. Trade Representative’s office said on Thursday.

The list identifies 42 online markets and 35 physical markets that are reported to engage in or facilitate substantial trademark counterfeiting or copyright piracy.

“This includes identifying for the first time AliExpress and the WeChat e-commerce ecosystem, two significant China-based online markets that reportedly facilitate substantial trademark counterfeiting,” the USTR office said in a statement.

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China-based online markets Baidu Wangpan, DHGate, Pinduoduo, and Taobao also continue to be part of the list, along with nine physical markets located within China “that are known for the manufacture, distribution, and sale of counterfeit goods,” the USTR office said.

Alibaba said it will continue working with government agencies to address concerns in intellectual property protection across its platforms.

Tencent said it strongly disagreed with the decision and was “committed to working collaboratively to resolve this matter”. It added it actively monitored, deterred and acted upon violations across its platforms and had invested significant resources into intellectual property rights protection.

Inclusion on the list is a blow to the reputation of companies but carries no direct penalties.

Industry bodies including the American Apparel and Footwear Association (AAFA) and the Motion Picture Association welcomed the release of the report by the USTR.

The USTR office said in a separate report released on Wednesday the United States needs to pursue new strategies and update its domestic trade tools to deal with China’s “state-led, non-market policies and practices.”

The United States and China have been engaged in trade tensions for years over issues like tariffs, technology and intellectual property, among others.

The United States has said China had failed to make good on some commitments under a so-called “Phase 1” trade agreement signed by the administration of former President Donald Trump. read more

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Reporting by Kanishka Singh in Bengaluru; Editing by Sandra Maler and Lincoln Feast.

Our Standards: The Thomson Reuters Trust Principles.

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Share futures jump, gold slips on hopes for diplomacy in Ukraine

A man looks at stock market monitors in Taipei October 8, 2008. REUTERS/Nicky Loh (TAIWAN)/File Photo

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  • Blinken to meet Lavrov next week – U.S. state dept
  • E-minis bounce, gold and safe-haven currencies edge down
  • Asian shares down, but pare some early losses

SINGAPORE, Feb 18 (Reuters) – U.S. and European stock futures bounced back on Friday and selling pressure on Asian shares eased after the U.S. Secretary of State agreed to a meeting with Russia’s foreign minister, raising hopes of a solution to the standoff over Ukraine.

S&P 500 futures jumped 0.7% and Nasdaq futures gained 0.8% following the news, while, in early trading, pan-region Euro Stoxx 50 futures were up 0.45%, and FTSE futures were 0.4% higher.

The positive sentiment ranged across asset classes. Safe-haven currencies such as the Japanese yen and Swiss franc retreated a little in Asia trade having climbed to two-week highs on the dollar overnight, and gold lost 0.4%.

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U.S. Secretary of State Antony Blinken has accepted an invitation to meet with Russian Foreign Minister Sergei Lavrov late next week provided Russia does not invade Ukraine, the U.S. State Department said.

“It’s better news than what we had yesterday,” said Kyle Rodda, an analyst at IG Markets in Melbourne. “But we’ve seen diplomatic talks go nowhere before, and the troops are still on the border, so risks remain.”

There was slightly less positivity when it came to Asian shares. MSCI’s broadest index of Asia shares outside Japan (.MIAPJ0000PUS) was last down 0.24%, but markets in Tokyo (.N225), Hong Kong (.HSI), Sydney (.AXJO) and Seoul (.KS11) all pared deeper morning losses.

Wall Street had taken a dive overnight, with the S&P 500 (.SPX) dropping 2.1% and the Nasdaq (.IXIC) off 2.9% – while gold shot to an eight-month peak – on renewed U.S. warnings of an imminent Russian invasion. read more

Investors fear a wider war as one of the deepest crises in post-Cold War relations plays out, with Russia wanting security guarantees, including Ukraine’s never joining NATO.

Treasuries likewise gave back some overnight gains, with the benchmark 10-year yield last up two basis points to 1.9877%. Two-year yields also rose two basis points to 1.4902%.

Oil dipped and Brent crude futures were last down 0.6% on Friday at $92.44 a barrel, more than 4% below Monday’s peak, and U.S. crude fell 0.7% to $91.07 a barrel.

RATES RACE

Concern about conflict in Ukraine comes with markets already rattled by a rates outlook that could hold as many as seven Federal Reserve increases in the year ahead.

St. Louis Fed president James Bullard on Thursday reiterated his call for the Fed funds rate to be raised to 1% by July to combat stubbornly high inflation and Fed funds futures price about a 1/3 chance of a 50 bps hike next month to begin. read more

Cleveland Fed President Loretta Mester said the pace of hikes will need to be faster than previous cycles. read more

“Markets have been particularly volatile recently and virtually everyone adjusted their Fed hike calls higher,” said NatWest Markets’ strategist Jan Nevruzi.

“The consensus seems to range between 5 (our view) and 7 (every meeting) hikes and I do believe the right number lays somewhere in between. Given the strong growth trend and elevated inflation, it wouldn’t be too surprising to see a hike at every meeting from now on,” Nevruzi said.

On Friday, Japan reported a fifth straight month of inflation, with energy prices posting their biggest annual rise in 41 years. read more

Elsewhere in currency markets the dollar held its bid and was firm at $1.1363 per euro though the Aussie gained a little in line with the risk-on mood to $0.7201 .

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Editing by Lincoln Feast and Kenneth Maxwell

Our Standards: The Thomson Reuters Trust Principles.

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Stocks steady on hopes for diplomacy in Ukraine By Reuters

© Reuters. FILE PHOTO: A man looks at stock market monitors in Taipei October 8, 2008. REUTERS/Nicky Loh (TAIWAN)/File Photo

By Tom Westbrook

SINGAPORE (Reuters) – U.S. stock futures bounced on Friday and selling pressure eased in Asian share markets after the U.S. Secretary of State agreed to a meeting with Russia’s foreign minister, raising hopes for a diplomatic solution to the East-West standoff over Ukraine.

jumped 0.5% on the news and Nasdaq futures rose 0.6%. MSCI’s broadest index of Asia shares outside Japan was last down 0.5%, but markets in Tokyo, Hong Kong, Sydney and Seoul all pared deeper morning losses.[.T][.HK][.KS][.AX]

U.S. Secretary of State Antony Blinken has accepted an invitation to meet with Russian Foreign Minister Sergei Lavrov late next week provided Russia does not invade Ukraine, the U.S. State Department said.

“It’s better news than what we had yesterday,” said Kyle Rodda, an analyst at IG Markets in Melbourne. “But we’ve seen diplomatic talks go nowhere before, and the troops are still on the border, so risks remain.”

Wall Street had taken a dive overnight, with the dropping 2.1% and the Nasdaq off 2.9% – while gold shot to an eight-month peak – on renewed U.S. warnings of an imminent Russian invasion.

Investors fear a wider war as one of the deepest crises in post-Cold War relations plays out, with Russia wanting security guarantees, including Ukraine’s never joining NATO.

Overnight, safe-haven currencies such as the Japanese yen and Swiss franc climbed to two-week highs on the dollar and they retreated a little bit in Asia trade. [FRX/]

Treasuries likewise gave back some overnight gains, with the benchmark 10-year yield last up two basis points (bps) to 1.9876%. Two-year yields also rose two bps to 1.4909%. [US/]

Oil dipped and futures were last down 0.5% on Friday at $92.47 a barrel, more than 4% below Monday’s peak, and fell 0.5% to $91.26 a barrel. Gold dipped about 0.4% from its high to $1,889 an ounce. [GOL/]

RATES RACE

Concern about conflict in Ukraine comes with markets already rattled by a rates outlook that could hold as many as seven Federal Reserve increases in the year ahead.

St. Louis Fed president James Bullard on Thursday reiterated his call for the Fed funds rate to be raised to 1% by July to combat stubbornly high inflation and Fed funds futures price about a 1/3 chance of a 50 bps hike next month to begin.

Cleveland Fed President Loretta Mester said the pace of hikes will need to be faster than previous cycles.

“Markets have been particularly volatile recently and virtually everyone adjusted their Fed hike calls higher,” said NatWest Markets’ strategist Jan Nevruzi.

“The consensus seems to range between 5 (our view) and 7 (every meeting) hikes and I do believe the right number lays somewhere in between. Given the strong growth trend and elevated inflation, it wouldn’t be too surprising to see a hike at every meeting from now on,” Nevruzi said.

On Friday, Japan reported a fifth straight month of inflation, with energy prices posting their biggest annual rise in 41 years.

Elsewhere in currency markets the dollar held its bid and was firm at $1.1359 per euro and $0.7181 per .

(This story corrects to add dropped word in paragraph 3)

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Three baby formulas recalled by Abbott Nutrition amid warnings from FDA

Abbott Nutrition on Thursday announced a recall of three of its infant formulas after four babies who consumed the company’s products were reported to have been hospitalized for bacterial infections.

The recall is for specific lots of the company’s Similac, Alimentum and EleCare formulas that were produced by its Sturgis, Mich., facility, USA Today reported.

This comes as the Food and Drug Administration (FDA) advised consumers in a release on Thursday not to use certain powdered infant formula products produced at the facility.

The agency said it was investigating complaints that the four infants in three states who were said to have consumed powdered infant formula produced at the facility were reported to have Cronobacter sakazakii and Salmonella Newport infections.

“All four cases related to these complaints were hospitalized and Cronobacter may have contributed to a death in one case,” the FDA wrote in the release.

The FDA also said it had initiated an onsite inspection at the facility. 

“As this is a product used as the sole source of nutrition for many of our nation’s newborns and infants, the FDA is deeply concerned about these reports of bacterial infections,” FDA Deputy Commissioner for Food Policy and Response Frank Yiannas said in a statement. 

“We want to reassure the public that we’re working diligently with our partners to investigate complaints related to these products, which we recognize include infant formula produced at this facility, while we work to resolve this safety concern as quickly as possible,” Yiannas continued. 

The Centers for Disease Control and Prevention and state and local partners are also contributing to the investigation, according to the FDA.

In a statement to USA Today, Abbott Nutrition apologized for the inconvenience of the recall to consumers. 

“We deeply regret the concern and inconvenience this situation will cause parents, caregivers and health care professionals,” Abbott Nutrition Executive Vice President Joe Manning said, the outlet reported.



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Berkshire Hathaway’s Charlie Munger Says Government Should Ban Bitcoin — Calls Crypto ‘Venereal Disease’ – Featured Bitcoin News

Berkshire Hathaway Vice Chairman Charlie Munger, Warren Buffett’s right-hand man, wishes crypto would be banned immediately. He says the government made “a huge mistake” to allow cryptocurrencies, like bitcoin. “It’s like a venereal disease,” he opined.

Charlie Munger Says ‘It Was a Huge Mistake’ to Allow Crypto at All

Charlie Munger, Warren Buffett’s right-hand man and longtime business partner, talked about bitcoin and cryptocurrency Wednesday in an interview with Yahoo Finance ahead of the annual shareholders meeting at the Daily Journal, where he serves as chairman.

Munger previously called bitcoin “rat poison” and said last year that he hated the success of the cryptocurrency. He was asked if he is surprised that bitcoin has gotten even more mainstream since then.

The Berkshire Hathaway vice chairman replied: “If you stop to think about it, it’s an ideal currency if you want to commit extortion, or kidnapping, or have a protection racket or something.”

He added: “Why should a civilized government want an ideal untraceable technology to come into the payment system run by a bunch of people who want to get rich quick for doing very little for civilization. Of course, I hate it.” Munger elaborated:

I don’t think it’s good that our country is going crazy over bitcoin and its ilk. I think the Communist Chinese were wiser than we were. They just banned it.

He was also asked if he had any predictions on what’s going to happen with crypto in the U.S.

“No,” he replied. “You let a bad genie out of a bottle, God knows what happens.” The Berkshire executive opined:

It was a huge mistake to allow it at all.

Munger proceeded to comment on crypto regulation. “The truth of the matter is our regulatory establishment when they quit the government, they go out into this heavily promotional capitalism and so it’s very hard to get the government to make good, wise decisions about something like bitcoin.”

At the Daily Journal meeting, Munger reiterated: “I wish it [crypto] had been banned immediately, and I admire the Chinese for banning it.” He continued:

I certainly didn’t invest in crypto. I’m proud of the fact I’ve avoided it. It’s like a venereal disease or something. I just regard it as beneath contempt.

Munger’s statements echo his previous comments about bitcoin and other cryptocurrencies. He said in December last year: “I’m never going to buy a cryptocurrency. I wish they’d never been invented.”

He also advised other investors to never buy BTC. In May, he said: “The whole damn development is disgusting and contrary to the interest of civilization.”

What do you think about Charlie Munger’s comments about bitcoin and crypto? Let us know in the comments section below.

Kevin Helms

A student of Austrian Economics, Kevin found Bitcoin in 2011 and has been an evangelist ever since. His interests lie in Bitcoin security, open-source systems, network effects and the intersection between economics and cryptography.

Image Credits: Shutterstock, Pixabay, Wiki Commons

Disclaimer: This article is for informational purposes only. It is not a direct offer or solicitation of an offer to buy or sell, or a recommendation or endorsement of any products, services, or companies. Bitcoin.com does not provide investment, tax, legal, or accounting advice. Neither the company nor the author is responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services mentioned in this article.



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Tesla plunges seven spots on annual Consumer Reports ranking

The Model 3, which had been its top pick among EV models, lost that distinction to the Ford Mustang Mach-E. The Model 3 now has the third best ranking among EVs, behind the Mach-E and the Kia Niro.

Tesla plunged seven spots to No. 23 in the overall ranking of best car brands. The drop was mainly due to the difficult-to-use yoke steering wheel the automaker recently debuted on the updated version of those models. Consumer Reports said the steering wheel was enough of a problem to lower their road-test scores.

The Model 3 remains the lone Tesla model that is CR recommended. Tesla also makes the Model Y small SUV, Model X large SUV, and Model S large sedan.

“Make no mistake, the Model 3 is still a great choice, and Consumer Reports recommends it,” said its article on rankings. “It shines with the latest technology, a long range, an impressive charging network, and a driving experience closer to a high-performance sports car than a sedan. But the Mustang Mach-E is also very sporty, plus it’s more practical and easier to live with. The Ford is also quieter and rides better.”

Consumer Reports had once been among Tesla’s biggest fans. It judged the Tesla Model S as the best car it ever tested when the product-testing publication first reviewed it in 2013 with a score of more than 100.
But questions about reliability, based on ownership surveys, hurt the car’s rankings in the not-for-profit rating services’ rankings and scores for Tesla.
The Mach-E has been winning critical praise elsewhere as well, including Car and Driver’s first EV of the Year award last year. It actually had a slightly lower score than the Kia Niro in Consumer Reports’ rankings of vehicles, but spokesperson James McQueen said the top pick in each category is based on numerous factors beyond the straight score.

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Elon Musk, Tesla attack SEC for ‘unrelenting’ harassment

NEW YORK, Feb 17 (Reuters) – Tesla Inc (TSLA.O) and its Chief Executive Elon Musk on Thursday accused the U.S. Securities and Exchange Commission (SEC) of harassing them with an “endless” and “unrelenting” investigation to punish Musk for being an outspoken critic of the government.

The accusation came in a letter to U.S. District Judge Alison Nathan in Manhattan, who presided over a 2018 SEC settlement stemming from Musk’s tweet about a potential buyout of Tesla.

“Mr. Musk and Tesla respectfully seek a course correction,” wrote Alex Spiro, a lawyer for Musk and Tesla. “Enough is enough.”

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The SEC declined to comment. In a one-sentence order, Nathan directed the regulator to respond by Feb. 24.

Thursday’s letter escalates Musk’s battle with regulators as they scrutinize his social media posts and Tesla’s treatment of workers, including accusations of discrimination.

It followed Tesla’s disclosure on Feb. 7 that it had received a subpoena from the SEC about its compliance with the 2018 settlement. read more

The SEC sued Musk in August 2018 after he tweeted he had “funding secured” to potentially take his electric car company private at $420 per share. In reality, a buyout was not close.

Tesla and Musk settled by agreeing to each pay $20 million in civil fines, and to let Tesla lawyers vet some of Musk’s communications in advance, including tweets that could affect Tesla’s stock price. Musk also gave up Tesla’s chairmanship.

The latest subpoena was issued on Nov. 16, 10 days after Musk polled his Twitter followers on whether he should sell 10% of his Tesla stake, triggering a sell-off.

CHILLING SPEECH

In Thursday’s letter, Spiro accused the SEC of ignoring its commitment to distribute to shareholders the $40 million in fines, while instead “devoting its formidable resources to endless, unfounded investigations” into Musk and Tesla.

“Worst of all, the SEC seems to be targeting Mr. Musk and Tesla for unrelenting investigation largely because Mr. Musk remains an outspoken critic of the government; the SEC’s outsized efforts seem calculated to chill his exercise of First Amendment rights,” Spiro wrote.

Spiro asked Nathan to schedule a conference to find out why the SEC is “issuing subpoenas unilaterally” without court approval, and why the money isn’t being distributed.

If the SEC found that Musk violated the settlement, it could ask Nathan to throw it out and reopen the case, or pursue new charges.

The letter was filed eight days after California’s Department of Fair Employment and Housing sued Tesla over allegations by Black workers that it tolerated racial discrimination at its Fremont, California, plant. read more

Tesla called that lawsuit misguided. It is also trying to reduce or throw out an approximately $137 million jury award to a Black former elevator operator for subjecting him to a hostile work environment at the Fremont plant.

Separately on Thursday, the National Highway Traffic Safety Administration (NHTSA) opened a formal probe into 416,000 Tesla Model 3 and Model Y vehicles after receiving complaints about unexpected braking tied to its Autopilot system. read more

Tesla has issued 10 recalls since October, including some under pressure from the NHTSA.

Shares of Tesla closed $47.04, or 5.1%, lower on Thursday to $876.35 on Nasdaq.

The cases are SEC v Musk, U.S. District Court, Southern District of New York, No. 18-08865; and SEC v Tesla Inc in the same court, No. 18-08947.

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Reporting by Jody Godoy and Jonathan Stempel in New York, and David Shepardson in Washington; Editing by Toby Chopra, Mark Porter and Sandra Maler

Our Standards: The Thomson Reuters Trust Principles.

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