Wednesday, September 14, 2022

UNION BUSTING
Starbucks projects profit growth from tech, stores, workers spending

Starbucks employees who support unionization protest ahead of Investor Day, in Seattle

Starbucks employees who support unionization protest ahead of Investor Day, in Seattle

Starbucks signage is pictured outside the company's headquarters in Seattle

Starbucks employees who support unionization protest ahead of Investor Day, in Seattle

Customers line up outside Starbucks' historic first location in Pike Place Market in Seattle


Tue, September 13, 2022 at 10:49 AM·3 min read
By Hilary Russ

SEATTLE (Reuters) -Starbucks Corp projects profits to grow between 15% to 20% per share over the next three years, a significant increase from previous guidance based on spending plans of $2.5 to $3 billion over the same period on technology, new stores and renovations, the coffee chain said on Tuesday.

The company is introducing technology to speed up production of its increasingly popular cold beverages and send digital orders away from busy locations as it seeks to prevent U.S. cafes from being overwhelmed by orders and improve working conditions for employees, it announced during its Investor Day event.

The Seattle-based company expects to return $20 billion to investors via share buybacks and dividends from fiscal 2023 to 2025. Wall Street analysts had largely expected earnings updates to be in line with previous guidance of 10 to 12% growth.

A surge in digital orders, which now make up nearly a quarter of all orders, has helped the coffee chain gain market share during the COVID-19 pandemic but has also led to barista burnout and strained the physical capacity at older stores.

The company is exploring "load balancing" technology that can send orders to stores that have capacity to actually fulfill them – instead of to stores already being slammed by drive-thru customers, for instance, Chief Technology Officer Deb Hall Lefevre said in an interview with Reuters.

"REINVENTION" OF STARBUCKS SINCE PANDEMIC

The pandemic changed customer behavior, leading to a deluge of mobile, delivery and drive-thru orders, as well as an increase in cold beverages and customized coffee drinks.

Calling it a "reinvention," the company laid out a sweeping plan spearheaded by interim Chief Executive Officer Howard Schultz, who will be replaced by Laxman Narasimhan in April.

The plan includes new equipment to heat food faster with less plastic waste, new store designs with larger shelves for orders and additional employee benefits.

A new system for iced coffee drinks shaves nearly a minute off the time it takes to make a Mocha Frappuccino, down to 35 seconds. Baristas would no longer need to haul a bucket of ice to the station every hour because the ice will be automatically fed into the new equipment.

Another machine, which brews hot coffee one cup at a time instead of in bulk batches and eliminates paper filters, is being tested in Minneapolis locations and could be rolled out next year.

Starbucks is on pace to reach 45,000 stores by the end of fiscal 2025 - or nearly eight new stores per day - it said. That includes a net new 2,000 new U.S. stores and some delivery-only locations.

In China, it plans to nearly double the number of stores to 9,000 - or one new store nearly every nine hours.

UNION BACKDROP


Employees at 236 stores voted to join a union over the past year, out of Starbucks' nearly 9,000 corporate-owned U.S. locations. Conversely, 52 stores voted against unionizing, according to National Labor Relations Board data.

Frank Britt, brought in by Schultz to lead the company's transformation strategy, said workers know how to solve the company's problems because they are on the front line.

"A lot of the concerns the partners have, whether they're affiliated with the union or not, are valid concerns. We agree, there's a trust deficit," he said in an interview.

Union members have been holding protests this week to bring attention to their demands. Billie Adeosun, a Starbucks employee since 2015 who works at a unionized location in Olympia, said on Monday higher wages were a top priority.

The company has lifted pay to an average of nearly $17 across non-unionized U.S. locations. Starbucks says the law prohibits it from offering increased benefits to unionized workers without bargaining over them.

"We know that these benefits or higher wages… wouldn't even exist without unions," said Adeosun, who makes $15 an hour. "We've been able to shine a spotlight on this company and show that they're not the liberal company they claim to be."

(Reporting by Hilary Russ; Editing by Josie Kao)


Starbucks Offers New Savings, Loan Perks for Non-Union Cafe

Leslie Patton
Mon, September 12, 2022 

In this article:


(Bloomberg) -- Starbucks Corp. is introducing benefits related to financial savings and student-loan debt for its US baristas. The company says it isn’t allowed to give these new perks to staff at the roughly 300 stores where there’s been union activity.

The new benefits begin Sept. 19, Seattle-based Starbucks said in a statement Monday. The savings program lets staff contribute a part of their after-tax pay to a personal savings account, with the company contributing $25 and $50 credits at milestones up to $250 per person. Starbucks workers will also have access to a new student-loan benefit with coaching on debt about repayment options and refinancing.

Starbucks, which has more than 9,000 US locations that are company owned, legally can’t unilaterally give these benefits to stores that have union activity, according to spokesperson Reggie Borges. Instead, the new benefits can be discussed in collective bargaining, he said.

However, Workers United, the group attempting to organize Starbucks cafes, has argued that the union waived its right to negotiate over extending benefits being provided to other stores, so there’s no legal obstacle to doing so. In August, National Labor Relations Board prosecutors issued a complaint alleging Starbucks violated labor law by withholding new benefits from unionized stores.

“Starbucks is blatantly disregarding the law to continue their scorched-earth union-busting campaign,” Workers United said in a statement. “Starbucks is not only damaging their brand and their business, but irrevocably damaging their credibility as a company.”

Starbucks first announced broader benefits improvements for its baristas on May 3 -- saying they would include opportunities to increase sick-time accrual, a new financial-stability program and tools to help those with student loans. The latter two items are what the company addressed in the Monday announcement.

Starbucks shares were up 0.4% to $89.04 at 3:27 p.m. in New York. The stock was down 24% this year through Sept. 9, compared with the 15% decline of the S&P 500 Index.


Starbucks is giving new financial benefits to employees. There’s just one big catch

Colin Lodewick
FORTUNE
Tue, September 13, 2022

Andrew Lichtenstein—Corbis/Getty Images

Starbucks employees across the country have long enjoyed more benefits than the average service worker.

The company offers retirement planning options and mental health resources. A decade ago, it expanded its health plan to cover gender reassignment surgery for trans employees.

On Monday, the coffee giant announced a slate of new benefits focused on improving the financial well-being of its workers. And while the vast majority of employees will be eligible, a notable portion won’t: those who work at stores that have unionized. The first Starbucks location voted to unionize in December of last year. Since then, other notable unionization movements have emerged at other major American companies, including REIAmazon, and Trader Joe’s.

Since last December, Starbucks has been grappling with a unionization movement at stores across the country. Now, over 200 locations have unionized, with others continuing to file petitions to vote. Several thousand workers are now union members.

The company has remained steadfast in its opposition to unionization throughout the process, arguing that the unions will get in the way of the company’s direct relationship with its workers.

The new benefits include a new savings plan option along with a student loan management program that comes with tools like individual coaching on loan repayment.

“We’ve heard from our partners and know that pressures of inflation, in addition to debt and savings, are weighing heavily on them,” said Ron Crawford, senior vice president of total rewards for Starbucks, in a press release on Monday. “Providing industry-leading benefits for our partners is a cornerstone of who we are as a company.”

Starbucks’ current interim CEO Howard Schultz first hinted at plans to expand benefits earlier this year during an online forum with store leaders. During the meeting, he said that new benefits couldn’t be extended to unionized employees per U.S. labor law requirements that employers negotiate pay and benefits separately with unionized workers.

While it’s true that Starbucks cannot change benefits without approval from unionized employees, experts previously told Fortune that there are few obstacles in the way from giving unionized employees the expanded benefits.

Workers United, the union seeking to represent Starbucks workers, told Fortune on Tuesday that the company’s decision to not extend the new benefits unilaterally stands on tenuous legal ground, especially after the National Labor Relations Board issued a statement recently that Starbucks’ presentation of expanded benefits only available to non-union employees infringes on the National Labor Relations Act, America’s cornerstone of labor legislation.

“The NLRB recently issued an official complaint against Starbucks alleging that withholding new benefits from unionized workers is illegal,” said a spokesperson from Workers United in a statement to Fortune. “For Starbucks to claim otherwise is simply a lie and blatantly disregarding federal labor law.”

Starbucks did not immediately respond to Fortune’s request for comment.

Starbucks adds employee benefits to help with student debt, build savings accounts


·Reporter, Booking Producer

Starbucks (SBUX) is adding two new employee benefits ahead of its Investor Day on Tuesday — a savings account with Fidelity and student loan management tools.

In letter to U.S. "partners," what Starbucks calls employees, Chief Partner Officer Sara Kelly said the inspiration for the benefits, which begin September 19th, came from its collaborative sessions with partners at stores across the country.

"One of the top ideas we have heard is support for partners who want to better manage their finances – from navigating student loans to getting better at saving," Kelly said.

Ron Crawford, SVP of benefits at Starbucks, told Yahoo Finance "a large portion" of partners are in college.

The Student Loan Management Benefit is intended to help partners manage their student loans through a partnership with the online tool benefit platform Tuition.io. This is in addition to the company's existing Starbucks College Achievement Plan, which allows eligible partners to receive total upfront tuition coverage for a first-time Bachelor’s degree through Arizona State University’s online program. Crawford hopes the benefits provide partners with the proper online tools and resources to help them get "reorganized" ahead of student loan payments going back into effect on Dec. 31, 2022, as well as the opportunity to cancel $10,000 in debt.

"We estimate that we've got about a third of our partners who have student loan debt. It's probably somewhere in the neighborhood of $20,000 to $25,000, which usually means a monthly payment of a couple of hundred dollars," Crawford said

My Starbucks Savings, the second new benefit offering, is intended to help partners save for the "unexpected," according to a company press release. In partnership with Fidelity, partners can contribute a portion of after-tax pay on a recurring basis directly from their paycheck to an individual savings account. As an incentive, Starbucks will contribute $25 and $50 credits at certain milestones.

"Any of our partners who open up one of these savings accounts and just start off with a $5 per paycheck contribution, when we see that we will drop $50," Crawford explained. "Every quarter thereafter, we see that they're still doing at least the $5 and they've got a balance of $50, then we will drop in $25 per quarter going forward."

Starbucks plans to contribute up $250 per eligible partner.

"We're really trying to do here is build a behavior, build a savings muscle, because that's what our partners are asking for, that they're wanting to save, but they struggle with how to get it done," Crawford added.

The new benefits, however, will not be offered to partners who work in unionized stores or in have been in the process of petitioning or voting to unionize after the date of May 3rd, when Starbucks announced a $1 billion dollar investment plan in its employees.

"The law doesn't allow us to unilaterally give them [to these locations], but ... as part of collective bargaining, we will obviously have this as one of the options through the process of the bargaining with those unionized stores," he explains.

According to National Labor Relations Board (NLRB) records, 233 Starbucks stores have voted in favor of unionization as of Wednesday, August 31, and 214 of those stores have been certified by the agency while 48 stores have voted against a union and 11 are currently being challenged.

The new benefits are the first to be announced since the Seattle-based chain named Laxman Narasimhan as incoming CEO, effective October 1st. The company noted that the benefits are an extension of nearly 30 the coffee giant has offered throughout the years.

Crawford said the benefits will ultimately lead to better customer service. "All of these programs that we've added through the years, what we have found is that when we make an investment in our partners, they in turn, provide an excellent customer experience to our customers."


With Starbucks Overhaul Lacking Details, Investors Anxious for Meeting


Leslie Patton
Mon, September 12, 2022






(Bloomberg) -- Howard Schultz took the helm of Starbucks Corp. more than five months ago pledging a massive reinvention of one of the world’s largest restaurant companies. Until now, the details have been vague -- but that’s expected to change at Tuesday’s presentation to investors.

Starbucks is expected to explain plans to redesign cafes -- with analysts saying the company will likely home in on delivery and carryout-friendly formats. The company is also under pressure to deliver more financial details on what those makeovers will cost in the long term, and what impact kitchen upgrades and higher salaries will have on the bottom line.

“It’s a pretty long list of things that need to be sorted out,” said Ben Wong, an analyst at Motley Fool Asset Management, which owns about 136,000 shares. “How much are the continued investments in the employees and stores, and how much is that going to impact margins?”

On Monday, Starbucks shares rose 1.1% at 10:22 a.m. in New York. The stock has lost about 23% this year, more than the 14% decline of the S&P 500 Index.

Since becoming interim chief executive officer in April, Schultz has said the company is overhauling the Starbucks experience along five broad points, but there’s still uncertainty about what they mean in practical terms over a longer horizon. The company, which has said it’s spending about $1 billion in fiscal 2022 on higher wages and improved stores, suspended its financial guidance for the year amid uncertainty in the key growth market of China.

Incoming CEO


Starbucks removed one key question mark earlier this month when it announced Laxman Narasimhan will succeed Schultz as CEO. The 55-year-old, who’s coming from UK consumer-goods maker Reckitt Benckiser Group Plc, will join the Seattle-based company in October and embark on an extended tour of its operations before becoming CEO in April.

The period will be crucial for realizing Schultz’s vision for the company. Starbucks in the past has closed and relocated less-profitable locations, and is now closing some stores due to security problems while adding more drive-thrus and delivery-focused stores. Remodeled cafes also are supposed to make baristas’ jobs easier and less stressful.

Key hurdles include a unionization drive which has grown to more than 200 US locations, and uneven performance in China amid ongoing pandemic restrictions. Wong flagged both China and the labor push as adding layers of uncertainty for investors.


Starbucks’s move to raise US barista wages to an average of $17 an hour and give additional bumps to more tenured staff hasn’t stopped the union drive that’s become increasingly contentious. The company is trying to convince employees that they’ll be better off if they don’t unionize.


The pay increases, along with supply-chain and commodity inflation, have weighed on Starbucks profitability despite menu price hikes.


Equipment Details

Meanwhile, the lack of specifics around additional equipment and technology expenses is keeping a lid on the share price, according to BTIG LLC analyst Peter Saleh, who expects the company to “provide a lot more detail” at the investor event, including information on capital investment and what that means for long-term profitability.

“They have more cash on the balance sheet than they need,” he said in an interview. “And I don’t know where they’re going to spend it, or how they’re going to spend it.”


Starbucks had more than $3.2 billion in cash and short-term investments as of July 3. After returning as interim leader, Schultz’s first move was to suspend the company’s buyback program, saying the money could better be spent on stores and employees. Thus far, the chain has been deploying new coffee brewers and warming ovens, improving training and experimenting with new types of stores.

Any changes to the store format are of crucial importance for Starbucks, which came up with its concept of the “third place,” where customers spend time between work and home. While Starbucks has always said the third place won’t go away, it has been building smaller locations geared to pickup and delivery. And about 90% of its new stores include car lanes -- taking a page from fast-food chains rather than relaxed coffeehouses.

Starbucks, which has more than 15,000 stores in the US, is poised to accelerate store growth under the new CEO, Credit Suisse analyst Lauren Silberman said. She predicts cafe layouts will be adapted to better accommodate to-go orders. For example, Starbucks could add pick-up shelves, such as those used by Chipotle Mexican Grill Inc., to get customers in and out faster.

“I don’t see it as much as complete remodels as reconfiguration,” she said of the plan to update locations. Silberman also sees a more personalized Starbucks app coming, with features such as text messages and games to engage diners.

Starbucks is betting its presentation can win over skeptical investors who have sold off the stock in recent months amid economic uncertainty and profitability concerns.

“In order for the stock to perform, then a lot of those issues probably have to be resolved,” Wong said. “Everyone is looking forward to the upcoming investor day.”
EU Weighs Price Cap on Power From Renewables, Nuclear

Ewa Krukowska, Alberto Nardelli and Lenka Ponikelska
Tue, September 13, 2022 


(Bloomberg) -- The European Union is zeroing in on a plan to cap energy companies’ profits and channel the cash to consumers, as it steps closer to energy rationing in a bid to tame the crisis.

The Commission wants to cap revenues from lower-cost power generators; introduce a levy on fossil fuel companies’ excess profits; and introduce a mandatory consumption cut.

Commission President Ursula von der Leyen’s plans still need to be finalized and ultimately signed off by member states and there are deep divisions as to how to address the crisis. Already the most controversial idea -- to cap the price of imported Russian gas -- has been shelved for more talks. But gas prices are already falling, at least in part because of European action.

The bloc is also trying to create tools to ease volatility in energy markets as surging prices have made for ballooning margin calls. Several national governments have taken steps already -- boosting market confidence and helping to ease prices. The Commission is working with European banking regulators, “assessing issues related to the eligibility of collateral and margins, and possible ways to limit excessive intra-day volatility,” according to a draft document.

The challenge will be to find an EU-wide solution that would fit each of the member states with their varying sources of energy, wealth and industrial strength. Von der Leyen sets out her plans on Wednesday, and the Czech rotating presidency has called another emergency meeting for Sept. 30.

The proposals are:

Capping the power-generation revenues of renewable and nuclear companies at 180 euros per megawatt hour

A temporary levy on companies in oil, gas, coal and refinery industries of at least 33% of their extra profits. Based on pre-tax profits of fiscal year 2022 that are more than 20% higher than the average of the three years starting in 2019. It’s exceptional and temporary and up to member states to apply.

A target to cut overall consumption by 10% and a mandatory goal lowering demand during selected peak hours by 5%

Shares in oil producers TotalEnergies SE and Repsol SA declined on Tuesday. But utility stocks rose on the news, with the Stoxx 600 Utilities Index climbing 0.4%. John Musk, an analyst at RBC said the cap was still “well above what companies may have been planning for pre-Ukraine,” and the measures “won’t discourage future renewable investment.”
Twitter Shareholders Approve $44 Billion Musk Acquisition












Move comes as outspoken Tesla CEO continues to fight to get out of the deal over spam and fake accounts.

ELLEN CHANG

Twitter shareholders gave the go head on Sept. 13 for Tesla CEO Elon Musk to acquire the social media platform and take it private, but the deal could still fall apart in a legal battle this fall.

Shareholders voted for the $44 billlion bid by Musk, who is attempting to back out of the deal.

Twitter has sued Musk for breaking the agreement, leading to a five-day trial in Delaware Chancery Court that is slated to start on Oct. 17 unless the two parties reach an agreement before then.

Musk has cast doubt on the number of fake accounts on Twitter, claiming the company was not as transparent in the number it reported.

Twitter has said that less than 5% of monetizable daily active users were either fake or spam. The company said it provided Musk with enough data and details to meet the deal's requirements.

Musk attempted to add whistleblower allegations to support his disputed takeover of the social media company. He was granted the request on Sept. 6 by Chancellor Kathaleen McCormick of the Delaware Chancery.

"Twitter has represented that the anticipated risk of harm has materialized over the course of this litigation," Chancellor McCormick wrote. "Twitter 'has suffered increased employee attrition' which 'undermines the company's ability to pursue its operation goals."

Musk's attempt to delay the October trial was denied during the hearing.
Musk Has a Rocky History With Twitter

The saga of Musk's bid for Twitter began in April when Musk revealed in a Securities and Exchange Commission Form 13G that he had acquired a 9.2% stake in Twitter.

On April 14 he made a takeover bid for Twitter at $54.20 a share, which was a 38% premium to Twitter's stock price.

Twitter's board then voted to adopt a poison pill allowing current shareholders to buy shares at a discount, but by April 25, the company had reversed course and accepted Musk's offer.

Musk appeared to be pleased with the board's vote and worked to secure outside funding for the proposed deal since most of his net worth was tied up in Tesla shares.

He worked to reassure shareholders and investors on May 26 by announcing that he had closed out his margin loans linked to Tesla shares. Musk also pledged another $6.25 billion in equity to fund the takeover.

A couple of weeks before announcing the financing for the deal, Musk said that the deal was "temporarily on hold" on May 13.

This was first time that he mentioned Twitter's own stats on fake accounts.

"Twitter deal temporarily on hold pending details supporting calculation that spam/fake accounts do indeed represent less than 5% of users," Musk said.

Musk has continued to focus on Twitter's self-reported percentage of fake users. He withdrew his offer on July 8 saying the deal should be canceled because of disagreements about the number of spam bots, or fake accounts, on the platform, according to a SEC filing.

By July 12, Twitter chose to sue the billionaire to enforce the original merger agreement.

Tuesday, September 13, 2022

CRIMINAL CAPITALI$M
Nikola founder lied to investors about tech, prosecutor says in fraud trial

Jody Godoy
Tue, September 13, 2022 



Trevor Milton, founder and former-CEO of Nikola Corp.,
 exits court in New York City

By Jody Godoy

NEW YORK (Reuters) -Nikola Corp founder Trevor Milton became a billionaire by lying to investors about the most important aspects of his low-emission vehicle company, a prosecutor told jurors as Milton's fraud trial began on Tuesday.

Prosecutors have said Milton sought to deceive investors about the electric- and hydrogen-powered truck maker's technology starting in November 2019. He left the company in September 2020 after a report by short seller Hindenburg Research called the company a "fraud."

"He lied to dupe innocent investors into buying his company’s stock," Assistant U.S. Attorney Nicolas Roos said in U.S. District Court in New York. "On the backs of those innocent investors taken in by his lies, he became a billionaire virtually overnight."

Milton, 40, has pleaded not guilty to two counts of securities fraud and two counts of wire fraud.

Milton’s attorney Marc Mukasey on Tuesday called the case "prosecution by distortion" and said the entrepreneur sought to express a vision about the future of trucking, not mislead investors.

Milton was "stoked" on the company's plans and had a good faith basis for his statements, Mukasey said. The attorney also took aim at a 2018 video prosecutors later showed jurors of a truck appearing to drive on its own power when it was actually rolling down a hill.

"As far as I know, it's not a federal crime to use special effects in a car commercial," he said.

Prosecutors allege Milton "doubled down" on earlier lies when the company went public. Nikola has said it did not claim the truck was moving under its own power, only that it was "in motion."

Milton's attorneys also have indicated they will argue other top executives at Nikola, including its general counsel, approved of Milton's statements.

U.S. District Judge Edgardo Ramos on Monday oversaw the selection of a panel of 12 jurors and four alternates in federal court in Manhattan.

Milton was indicted last year. Prosecutors said he made false statements about Nikola's progress on developing its technology as the company joined the mounting number of tech and electric vehicle companies going public through special purpose acquisition vehicles or SPACs.

Milton's statements on social media and in podcasts targeted retail investors who piled into the stock market during COVID-19 pandemic-related lockdowns, they said. Milton also stands accused of defrauding the seller of a Utah ranch, who said in a civil lawsuit that he accepted Nikola stock options as part of the purchase price based on the former CEO's claims about the company.

Nikola has spent more than $20 million on Milton's legal defense so far, according to its public filings.

The company went public in June 2020 through a reverse merger with VectoIQ Acquisition Corp. Nikola's market value topped $33 billion that month, but has since fallen below $3 billion.

Nikola agreed in December to pay $125 million to settle U.S. Securities and Exchange Commission's claims that the company defrauded investors by misleading them about its products, technical advancements and commercial prospects.

(Reporting by Jody Godoy and Luc Cohen in New York; Editing by Cynthia Osterman, Jonathan Oatis and David Gregorio)


For many, he’s the worst fraudster since Elizabeth Holmes fooled some of the world’s smartest people with her blood testing company Theranos.

Trevor Milton is due in court today, where he will stand trial for manipulating investors with promises he was the next Elon Musk and his company, Nikola Corp., the next Tesla.

He even duped a gullible General Motors, who signed a partnership just weeks before his elaborate ruse was uncovered.

It wasn’t until Hindenburg Research’s Nate Anderson unveiled nearly two years ago to the day that his fuel cell semi was a sham that the house of cards he so meticulously constructed came crashing down.

The rise of Nikola

First unveiled as a prototype to the public in December 2016, the Nikola One semi truck “dared to reimagine” the modern truck by running on pure hydrogen with only water vapor as a tailpipe emission.

While this technology exists today, it has never been successfully produced and sold at mass scale due to its prohibitive costs. Only Toyota, its partner BMW and Hyundai are still clinging to the technology as an alternative to battery-powered passenger cars.

So when the stock debuted in 2020 via a reverse merger with a blank-check investment vehicle known as a SPAC, investors snapped up shares to get in on the ground floor of the next Tesla. Sure enough, its market cap briefly surpassed that of industry veteran Ford, surging to $34 billion despite Nikola never having brought a single product yet to market.

More lies ensued in the process, as it rushed out announcements it could produce hydrogen cheaper than anyone else, had a game-changing battery technology up its sleeve and would build a new pickup truck called the Badger for the lucrative retail market.

General Motors agreed in September 2020 to a manufacturing partnership receiving 20% of its shares as part of a deal to build its Badger, lifting the value of its stock yet again.

At the time shares in Tesla had begun their unprecedented pandemic surge as many retail investors, in lockdown and working from home, had time and money to spare.

This new class of shareholder believed traditional automakers to be doomed in the long term, saddled with stranded assets like combustion engine plants that would have to be written off, and preferred high-growth startups with lofty dreams.

Milton preyed on this type of investor. "The generation that is investing now cares more about the environmental impact of what you’re doing than they do if you’re six months or eight months from revenue," he told CNBC's Fast Money in June 2020. "They don’t care, they’re like, you know what, you’re changing the world, you’re going to reduce emissions more than anyone else, we’re invested into you.”

When GM signed the deal, CEO Mary Barra failed to properly explain what technology her company was actually securing. Hindenburg Research was convinced GM merely looked to bask in the collective shine of its charismatic founder, “a forward-thinking, fresh, visionary entrepreneur capable of rivaling Elon Musk’s allure.”

Milton's fall

Days later it dropped a bombshell report that the 1,000-horsepower Nikola One truck featured in its promotional video, in reality, had no drivetrain at all and was in fact merely filmed cleverly as it rolled down a hill, documenting a raft of further misstatements that took advantage of investors' willingness to believe.

“Nikola is an intricate fraud built on dozens of lies over the course of its founder and executive chairman Trevor Milton’s career,” Anderson’s professional short-selling firm reported, adding it had “never seen this level of deception at a public company, especially of this size.”

A point-by-point rebuttal promised by Milton never ensued. Instead, all he could offer were half-denials.

Shortly thereafter he stepped down as CEO. In July 2021, the Securities and Exchange Commission filed charges against Milton. That December, Nikola Motors settled out of court with the SEC over fraud charges, agreeing to pay a $125 million fine.

Its stock is currently trading over 5% lower, but it still manages to hold a market cap of $2 billion as the company has finally brought a truck to market, the Nikola Tre. That is, however, largely thanks to the efforts of its partner CNH Industrial, whose Iveco Daily serves as the underlying product.

On Tuesday, Milton will have to answer for his years of deception.

CRIMINAL CAPITALI$M
Meta Seeks Out Secrets From Over 100 Companies to Win Antitrust Suit

Leah Nylen and Alex Barinka
Tue, September 13, 2022 



(Bloomberg) -- To defend itself against the federal government, Meta Platforms Inc. says it needs its rivals to divulge some of their most closely held secrets.

Facebook’s parent company has so far subpoenaed 132 companies for documents, including Snap Inc., ByteDance Ltd.’s TikTok and the audio startup Clubhouse, and has warned that it may seek information from 100 more. The subpoenas have set off a cascade of legal challenges from Meta’s rivals, which accuse the company of using antitrust litigation as an excuse to dig through their confidential data.

The hunt for information was triggered by the US Federal Trade Commission’s lawsuit against Meta in 2020, alleging that the company monopolized the social networking market in part through its acquisitions of Instagram and WhatsApp. Meta contests the allegation that it has a monopoly and argues that the market is constantly evolving, with newcomers like TikTok and Clubhouse as key examples.

A trial isn’t likely until 2024 at the earliest, but both sides are marshaling evidence for the case.

Kellie Lerner, an antitrust litigator at the law firm Robins Kaplan LLP who isn’t involved in the suit, said Meta’s requests seek “massive amounts of competitively sensitive information.”

“You have a company accused of anticompetitive conduct who is now seeking very competitively sensitive information in discovery,” said Lerner, who has litigated many antitrust disputes. “The sheer breadth of what they are trying to get through discovery is something that, in my view, is not typical.”

Meta has asked for documents relating to some of the most important and sensitive elements of how competitors do business, according to court filings, including how they acquire users, scale up products and make money from features. It also wants materials on rivals’ marketing and sales strategies, quality metrics, contact information for their biggest advertisers, and details on their efforts to attract users from competitors, among other secrets.

Meta’s request is “overbroad and abusive,” Snap said in court filings. A California federal judge is set to decide Tuesday how much Snap -- a key figure in the FTC suit and a company that Meta previously tried to acquire -- must turn over to aid the defense’s case.



Meta’s request seeks “materials on every product and nearly every aspect of Snap’s business, with a time range that spans almost Snap’s entire existence,” lawyers for that company said. “Snap should not be forced to hand Meta insiders a competitive playbook.”

In court filings, Meta said it needs the information from its rivals to dispute the FTC’s contentions that it is a monopoly and doesn’t face competition.

“Meta competes vigorously with many companies to help people share, connect, communicate or simply be entertained,” Meta spokesperson Christopher Sgro said. “As a natural step in preparing our defense to the FTC’s lawsuit, we have served subpoenas on companies with which we compete or which we believe have other information relating to the FTC’s claims.”

While Snap is among the most vocal opponents of Meta’s subpoenas, it’s not the only one. TikTok complained that Meta has sought its “most confidential and highly sensitive business information.” Pinterest Inc., Microsoft Corp.’s LinkedIn and others raised concerns about Meta’s “highly invasive” requests, which they said seek their “most competitively sensitive documents.”

Other companies that Meta has subpoenaed include Tinder parent company Match Group Inc., Twitter Inc., Reddit Inc. and Oracle Corp.

Meta’s document requests also aren’t limited to US social networking services. It has sought information from Line Corp. -- a company owned by SoftBank Corp. and Naver Corp. that’s the top messaging service in Japan, Taiwan and Thailand -- as well as Japanese e-commerce giant Rakuten Group Inc., which owns Viber, a messaging app popular in India, Ukraine and Russia.

Beyond the scope of the requests, Meta’s rivals say the company’s history of hoarding intelligence on competitors should be considered. In 2013, Meta -- then known as Facebook -- acquired a little-known Israeli startup called Onavo that gave the social giant information on ​​how often users open other apps on their phones. Facebook used Onavo’s data to find ways to quash or buy potential rivals, including WhatsApp, the FTC alleged in its complaint.

Apple Inc. banned Onavo in 2018, saying the data collection violated its App Store rules, and Facebook shut it down in 2019. That year, the social giant ​​launched a new research app called Study that would compensate users for data on what smartphone apps they download, what features they use and how much time they spend on them.

TikTok is worried that Meta’s lawyers may inadvertently disclose information that could be used by the company, given its history of copying the features and tactics of its competitors. Meta duplicated Snapchat’s Stories product and TikTok’s short-form videos on both Facebook and Instagram. And the company is currently looking at changing users’ content feeds in a way that would resemble the approach used by TikTok.

TikTok’s attorneys said they have tried for months to narrow Meta’s request and asked the court to limit the information that Meta’s in-house lawyers could view.

“They cannot unlearn any highly sensitive competitive information they receive from TikTok, and it is unclear how they can do their job as in-house antitrust lawyers without advising Meta on competitive matters,” TikTok’s lawyers said.

Lerner, the antitrust litigator, noted that Meta also sought expansive documents from the FTC itself, asking the court to force the agency to turn over its original analysis of the 2012 Instagram and 2014 WhatsApp deals. The judge rejected Meta’s request.

“It reflects their scorched-earth defense strategy here to fight in whatever manner is available to them,” she said.

In One Chart
The Meta meltdown: This chart shows Facebook’s fall from grace among the most valuable U.S. companies

Published: Sept. 13, 2022 

Facebook parent company Meta Platforms was the fifth-most-valuable company in the U.S. near the end of last year, but has since fallen behind Visa, Tesla and others



Meta Platforms Inc. has seen a sharp decline in its market value since the end of last year, taking the company from the fifth-most-valuable U.S. company as of December to now the 10th-most-valuable. ASSOCIATED PRES

Dogged by competitive and macroeconomic threats, Meta Platforms Inc. is sinking down the ranks of the largest U.S. companies.

After a 9.4% daily slide in its stock, Meta META, -9.37% ranked 10th by market value as of Tuesday’s close, falling below Visa Inc. V, -3.37% for the first time since the start of August. Meta, the parent company of Facebook and Instagram, ranked fifth among U.S. companies as recently as December, according to Dow Jones Market Data, and joined the four other Big Tech companies — Apple Inc. AAPL, -5.87%, Microsoft Corp. MSFT, -5.50%, Google parent Alphabet Inc. GOOGL, -5.90% GOOG, -5.86% and Amazon.com Inc. AMZN, -7.06% — in the $1 trillion club briefly last year.


Meta’s shares have been punished this year, however, amid concerns about competitive dynamics and the impact of economic uncertainty on advertising revenue. That $1 trillion market cap has been cut by more than half, allowing several companies to jump in front of Meta — which announced its new corporate name last October — on the valuation chart.


Meta’s market value has taken a steep plunge in the past year. SENTIEO

Visa was valued at $413 billion as of Tuesday’s close, compared with $412 billion for Meta. Exxon Mobil Corp. XOM, -2.34% is next on the list with a market capitalization of $397 billion, per Dow Jones Market Data. Standing above Visa are still the four other Big Tech companies in Apple, Microsoft, Alphabet and Amazon, as well as Tesla Inc. TSLA, -4.04%, Berkshire Hathaway Inc. BRK.A, -3.32%, UnitedHealth Group Inc. UNH, -3.25% and Johnson & Johnson JNJ, -2.60%.

Meta’s stock suffered its sharpest daily decline since February in Tuesday’s trading amid broad-market pressure brought on by the latest consumer-price-index reading, which resurfaced fears about the potential effects of inflation on the advertising landscape.

“Meta, like the other social-media companies, has been negatively affected by the moves that Apple did in the advertising business as well as the general anticipation of lower ad spending as we might be going into a recession,” said Nick Mazing, the director of research at Sentieo, who’s been tracking the changes in market values over recent weeks.

In-depth: Apple decimated Meta’s ad-tech empire. Now, it’s homing in on Facebook’s advertisers, too.

“Additional factors include competition from TikTok and investor skepticism regarding the company’s metaverse efforts,” Mazing said.

Executives at Meta have cautioned about the impact that inflationary pressures and other economic issues could have on the business, with Sheryl Sandberg, then the company’s chief operating officer, telling investors on Meta’s last earnings call that “recessions put pressure on marketers to make sure their ad budgets are spent in the smartest way possible,” though she thought that Meta tools could help them maximize their investments.

Chief Executive Mark Zuckerberg said on that July call that “we seem to have entered an economic downturn that will have a broad impact on the digital advertising business.”.

Visa shares have held up better amid the inflationary backdrop, falling just 8% on the year as Meta shares have lost 54%.

While Meta executives have sounded a cautious tone on the current landscape, Visa’s management team has come off more upbeat due to the nature of the payments giant’s business. Back in April, Visa Chief Financial Officer Vasant Prabhu said that inflation had “net-net” been positive for Visa, and as recently as Monday, he said that consumer spending remained resilient.

Visa “is somewhat isolated from the big macro story, the persistent inflation, as they get paid on nominal volumes,” Mazing told MarketWatch, noting that the company has also been benefiting from the big rebound in international travel and the spending that comes with it.

Meta briefly flirted with placement outside the top 10 U.S. most valuable U.S. companies at the start of August, but its dip below Visa this time around keeps it inside the top 10 as fellow technology company Nvidia Corp. NVDA, -9.47% has also seen its value fall sharply in recent weeks.

Nvidia ranked as high as seventh by market cap earlier this year, but it now stands in 15th place with a $327 billion valuation, per Dow Jones Market Data, amid inventory issues that have hit revenue totals and a U.S. crackdown on sales of high-performance artificial-intelligence technology to China.




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Vedanta picks Modi's home state for $20 billion India semiconductor foray -sources


Aditya Kalra and Munsif Vengattil
Mon, 12 September 2022 


By Aditya Kalra and Munsif Vengattil

NEW DELHI (Reuters) - Vedanta Ltd has selected Indian Prime Minister Narendra Modi's home state of Gujarat for its semiconductor project, two sources told Reuters, the first major step in its $20 billion joint venture with Taiwan's Foxconn.

Vedanta obtained financial and non-financial subsidies including on capital expenditure and cheap electricity from Gujarat to build the semiconductor plants, the first source with knowledge of the matter said.

The project will include display and semiconductor facilities near the largest city of Ahmedabad in the western state, the source added, declining to be named ahead of an official announcement.

While lobbying for incentives, Vedanta had sought 1,000 acres (405 hectares) of land free of cost on a 99-year lease, and water and power at concessionary and fixed prices for 20 years, Reuters reported in April.

A spokesperson for Vedanta did not respond to a request for comment while Foxconn did not immediately respond.

A senior official in Gujarat's science and technology department, and another in Chief Minister Bhupendrabhai Patel's office, declined to comment.

An announcement is expected this week with a formal signing of a memorandum of understanding between the two sides, which is likely to be attended by Patel and Vedanta officials, the source added.

Other regions including India's richest state of Maharashtra in west and Telangana and Karnataka in the south had also been in the running to host Vedanta-Foxconn's mega project.

But in the last leg of negotiations in recent weeks, Gujarat pipped Maharashtra to the post.

India's semiconductor market is estimated to reach $63 billion by 2026 from $15 billion in 2020, the government says.

Most of the world's chip output is limited to a few countries like Taiwan and late entrant India is now actively luring companies to "usher in a new era in electronics manufacturing" as it seeks for ways to have seamless access to chips.

Vedanta, an oil-to-metals conglomerate, decided in February to diversify into chip manufacturing and formed the joint venture with Foxconn.

(Reporting by Aditya Kalra and Munsif Vengattill in New Delhi, additional reporting by Sumit Khanna in Gujarat; Editing by Emelia Sithole-Matarise)
Does it pay to talk salary? Experts weigh in as California joins a growing wave of states with laws to combat 'culture of secrecy' in the US workforce


Serah Louis
Tue, September 13, 2022



A growing number of states and cities have begun establishing laws to encourage pay transparency — although there are still many corporations around the country that keep salary talk hush-hush.

“There's definitely a culture of secrecy in the United States,” says Andrea Johnson, director of state policy, workplace justice and cross-cutting initiatives at the National Women’s Law Center, based in Washington, DC.

“That comes from a lot of different directions. But it's definitely coming from employers that have long felt that it's to their advantage to keep pay and how they set pay secret.”

This workplace culture appears to be slowly shifting as more states introduce laws around salary transparency.

California recently made headlines for approving a landmark bill mandating more transparency from employers when it comes to disclosing wage gaps and posting salary ranges on job listings.

Some experts say these laws are especially advantageous when it comes to attracting new hires or reducing pay inequity — but there may be caveats for both employers and employees to watch out for as well.

More states are requiring salary ranges on job listings

California’s new law would require employers with at least 15 workers to include the hourly rate or salary range on job listings. The bill is heading to Governor Gavin Newsom, who has until Sep. 30 to either veto or sign it into effect.

Over a dozen states and localities have some sort of law requiring salary disclosure. And since 2018, eight states have passed laws requiring employers to post salary ranges on job listings, says Johnson.

Some laws, such as in Colorado, prevent employers from inquiring about their employee’s past salary experience as well. Twenty states have protections in place to allow employees to discuss their wages with a colleague without facing retaliation from an employer.
How can these laws change the employment landscape

Experts like Johnson have advocated for these laws to help reduce racial and gender wage gaps — which often get swept under the rug when there’s less transparency in the workplace.

Women earn 83 cents for every dollar a man makes, according to 2021 data from the Bureau of Labor Statistics. And Department of Labor data indicates most racial minority groups also earn significantly less on average compared to white workers.

California’s new law also says companies based in the state with more than 100 employees will also need to show their median gender and racial pay gaps, which is a notable first for a U.S. state.

“I think we're in a moment of cultural change in the last few years, where employers are realizing that it's actually to their advantage to be more transparent about pay,” says Johnson, adding that the country is still contending with a tight labor market.

July data from the U.S. Bureau of Labor Statistics shows that there were 11.2 million job openings on the last day of the month — compared to 11 million openings in June. Johnson believes employers who post their salary ranges may have better luck attracting new talent.

Johnson believes employers can actually benefit from being more transparent — by building trust with their employees.

“Transparency is power,” she says.

However, there’s also been some pushback from businesses. New York City’s pay transparency law was delayed from May to November. And some companies have reportedly been excluding remote work applicants from Colorado, which requires that even companies that aren’t based in the state follow its pay transparency law for an employee who does reside in Colorado.
Are there any drawbacks to these laws?

These pay transparency laws can vary across the country, which means employees and employers need to do their research first.

“The devil is in the details,” notes Beth Ann Lennon, a labor and employment lawyer at Sherman & Howard, based in Denver, Colorado.

Some states require salary postings on job postings, while others only provide this information upon request or during the application process. Some may require companies hiring outside of the state to adhere to the same rules.

And Lennon says while the intent behind these laws may be to encourage more open dialogue around pay and to address pay inequity, she adds, “Whether that intent is being accomplished, I think, is more of the open question.”

She offers the example of an employee negotiating for a higher salary in a state like Colorado that bars employers from using past wage experience to determine the employee’s current salary.

“There are laws telling you don't talk to your employees in the way that you historically have — as it relates to what are your pay expectations, what have you made in your last jobs? That kind of back and forth sometimes really helps an employee advocate for themselves,” Lennon explains.

“And so one of those tools that an employee may have previously had is gone.”
What do employees need to know?

If you’re trying to figure out how your pay compares to your coworkers, you may have considered sharing your salary information with them, or asking them about their own.

But talking about salary with a coworker remains a controversial topic — some employers still discourage the practice.

Under the National Labor Relations Act, employees have the right to talk about wages with another employee, while some states also include their own laws and protections around discussing pay.

“But that doesn't always stop an employer from retaliating and somebody potentially being demoted or losing their job, which can be really harmful and not immediately remedied,” notes Johnson.

For those who would prefer to keep that information to themselves, Lennon says you also have the right to not engage in conversations about salary with another employee as well.

For those on the job hunt, Johnson recommends looking into your state laws.

If you’re able to request salary information from a potential employer, she says it’s important to do so as quickly as possible to help you decide how to negotiate.