Elon Musk, with a net worth close to $240 billion, is not one to shy away from his dislike of the Securities and Exchange Commission (“SEC”). (Forbes, last visited Feb. 4th, 2022). As the CEO of Tesla, Inc. (“Tesla”), Musk has repeatedly tweeted comments that have affected both Tesla’s stock price and his reputation with investors. A tweet from November 6, 2021 regarding Tesla has caught the eye of investors, some of whom filed a Delaware lawsuit on December 16, 2021, alleging mismanagement of the company based on the tweet. (Mike Leonard, Bloomberg Law). The tweet polled Musk’s approximately 70 million followers asking if he should sell a tenth of his stake in the company, and 57.9% of those who viewed his poll voted for the sale. . .
Read MoreAs the pressure for clean alternatives to conventional gas-powered vehicles mounts, entrepreneurs, such as Elon Musk, have transformed the electric-powered vehicle industry into a future-oriented marketplace and are making electric vehicles accessible for Americans. For example, Tesla Motors (“Tesla”) is now the number one electric automaker in the United States (“U.S.”). Tesla makes up 35% of the electric vehicle market, beating traditional companies such as General Motors and Ford. (Edison Electric Institute). With success comes competition. In 2014, Trevor Milton founded Nikola Corporation (“Nikola”), which manufacturers semi-trucks and pick-up trucks powered by hydrogen and electric batteries, in competition with Tesla’s electric Cybertruck. (Forbes). However, as of June 2020, Nikola was worth $23 billion despite having zero sales and zero revenues and Trevor Milton has been accused of misrepresenting the company’s technology to investors. (Id.; Graham Rapier, Business Insider).
Read MoreOne of the year’s most anticipated IPOs was that of Casper Sleep, Inc., the direct-to-consumer mattress company that officially went public in February 2020. (Claire Roth, Bloomberg). Casper entered the market at $12 per share and closed its first day with shares trading at $13.50, not exactly the hottest start for one of Wall Street’s newest additions. (Id.) Since then, the mattress retailer now faces a lawsuit from its shareholders claiming that, among other things, Casper misled investors by claiming in its initial registration statement that its gross profit margins were improving. (Complaint, Lematta v. Casper Sleep, Inc., Docket No. 1:20-cv-02744 (E.D.N.Y. June 19, 2020)). In reality, as its first quarter filing states, the newly public company was subject to decreasing profit margins and a near 100% increase in net losses year over year. (Casper Sleep, Form 10-Q). The suit against one of Wall Street’s newest IPOs is set to continue its proceedings this fall.
Read MoreAs our economy has battled a global pandemic, investors and shareholders have been on a roller coaster ride as stock prices have fluctuated, and corporations have had to quickly pivot and change how they conduct business. From the Justice Department investigating senators on both sides of the aisle for insider trading to companies trying to buy-back stock, fears of how the COVID-19 pandemic will impact our markets and investment portfolios have underscored corporate trading practices. However, in the context of a global pandemic or other emergencies that can drastically affect the market, do our insider trading laws have the effect we expect them to?
Read More“Contact Tracing” is a term used by the Centers for Disease Control (“CDC”) that means tracking the spread of COVID-19 in order to interrupt the virus’s transmission. (CDC, Contact Tracing – CDC’s Role and Approach). The upside of allowing big tech firms; Apple, Google, Microsoft, and Facebook, to track our location data is clear: when a person tests positive for COVID-19, those who have been in recent proximity to that person can be notified that they, too, should get tested. Such tracking would thus allow for swifter tracking of COVID-19 as it spreads person-to-person and disrupt its transmission. But it may also be important for consumers to wonder whether they can trust big tech to handle their location data with care.
Read MoreIn Plumbers & Steamfitters Local 773 Pension Fund v. Danske Bank A/S, No. 19-cv-235 (S.D.N.Y. Jan. 19, 2019), Plumbers & Steamfitters Local Pension Fund (“Plaintiffs”) filed a class action suit against Danske Bank A/S (“Defendant”). The complaint was filed on behalf of all purchasers of Defendant’s American Depositary Receipts (“ADRs”) between January 9, 2014 and October 23, 2018. Plaintiffs claimed Defendant engaged in a series of untrue and misleading statements in response to allegations of illicit banking activities stemming from Defendant’s Estonia branch during the class period, thereby violating Rule 10b-5 of the Securities Exchange Act of 1934 (“the Act”).
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