Category Archives: Technology

This article appeared online at TheNewAmerican.com on Wednesday, July 13, 2022:  

Social networking site Twitter sued Tesla CEO Elon Musk on Tuesday, claiming breach of contract. Musk offered to buy the site in April for $46.5 billion, subject to disclosures about how many advertising “bots” (robots) make up the site’s 200 million-plus users.

Last week Musk reneged on the deal, claiming that Twitter failed to provide him with sufficient proof that those “bots” make up less than five percent of its users, as the company has consistently claimed.

The lawsuit gave this summary:

In April 2022, Elon Musk entered into a binding merger agreement with Twitter, promising to use his best efforts to get the deal done.

 

Now, less than three months later, Musk refuses to honor his obligations to Twitter and its stockholders because the deal he signed no longer serves his personal interests.

 

Having mounted a public spectacle to put Twitter in play, and having proposed and then signed a seller-friendly merger agreement, Musk apparently believes that he — unlike every other party subject to Delaware contract law — is free to change his mind, trash the company, disrupt its operations, destroy stockholder value, and walk away.

 

This repudiation follows a long list of material contractual breaches by Musk that have cast a pall over Twitter and its business.

 

Twitter brings this action to enjoin Musk from further breaches, to compel Musk to fulfill his legal obligations, and to compel consummation of the merger upon satisfaction of the few outstanding conditions.

In covering the developing story yesterday, The New American quoted attorney Matt Levine, who suggested there were only two likely outcomes from such a lawsuit: 1) the Delaware court rules for Twitter, forcing Musk to pay the $1 billion termination fee plus Twitter’s legal fees, or 2) the court forces Musk to go through with the deal, buying the 800 million shares outstanding at $54.20 per share.

At the close of business on Tuesday, Twitter traded at a little over $34 per share.

However, there is a least one other option: that Musk will use Twitter’s lawsuit as a negotiating tool to obtain a lower price.

Here’s the reasoning: Twitter claims it has given Musk all the information he demanded in the purchase agreement concerning those pesky advertising bots. For years the company has reported to the Securities and Exchange Commission (SEC) that they represent “less than five percent” of the 200 million users currently present on the site, along with a disclaimer that that number is only a rough estimate, subject to change.

But, as Musk’s lawyer noted on Friday, Twitter itself is “in material breach of multiple provisions” of the purchase agreement.

Twitter has requested an “expedited” trial date for September:

Expedition is essential to permit Twitter to secure the benefit of its bargain, to address Musk’s continuing breaches, and to protect Twitter and its stockholders from the continuing market risk and operational harm resulting from Musk’s attempt to bully his way out of an airtight merger agreement.

Part of the discovery process in that trial (if it happens) will finally reveal what percentage those “bots” make up of the Twitter universe. Musk is persuaded that it’s much higher than Twitter claims, perhaps as many as one in every five users.

If that proves to be the case, this opens a Pandora’s box for Twitter. It could be accused of defrauding its advertisers, making false statements to the SEC, and exposing the company’s board of directors to charges they breached their fiduciary duty to protect the interests of the company’s stockholders.

This would exacerbate the company’s declining stock price, putting the present offer by Musk even further out of reach.

Since there are no other suitors interested in purchasing Twitter, the board would be pressed to renegotiate a lower price with Musk.

This article was published by The McAlvany Intelligence Advisor on Wednesday, May 22, 2019: 

Ford’s announcement of its resurrected Bronco for 2020 shows pictures of steep technical trails heading off into the woods while calling it a “no-compromise midsize 4×4 utility for the thrill seekers who want freedom and off-road functionality, with the space and versatility of an SUV. It’s capable of conquering everything from your daily commute to gravel roads and boulders.” (See Sources below)

This is how capitalism works.

This article appeared online at TheNewAmerican.com on Tuesday, May 14, 2019: 

Amazon is quietly installing machines called CartonWraps and SmartPacs in its never-ending quest to serve its customers more quickly at lower cost. In busy warehouses serving Seattle, Frankfurt, Milan, Amsterdam, and Manchester, the company is taking the tiring work employees were doing — each spending up to 10 hours a day taking products and building shipping boxes to fit them for shipping — and giving it to robots.

The robots work four times faster than humans

This article appeared online at TheNewAmerican.com on Wednesday, January, 16, 2019:  

Following the announcement that Volkswagen America was going to be expanding its Chattanooga plant to build electric vehicles (EVs), President Trump was delighted. He tweeted: “Congratulations to Chattanooga and Tennessee on a job well done. A big win.”

It was a big win for the president, who invited the CEOs of VW, BMW, and other foreign car manufacturers to the White House in December to persuade them to invest more in the United States. At the same time VW made its announcement at the Detroit Auto Show on Monday, BMW management announced its own expansion plans of its production facilities in the United States. With VW’s financial commitment of $800 million for Tennessee and BMW’s financial commitment of $600 million added to the $340 million VW announced last March for its Chattanooga facility, those two automakers are investing almost $2 billion in their U.S. automobile manufacturing plants. Their expansion plans will require more than 2,000 additional workers, adding to the already robust manufacturing resurgence taking place in the United States.

That resurgence has added nearly 500,000 manufacturing jobs in just the last two years, the most in more than 20 years.

Following the announcement by VW’s CEO Herbert Diess, CEO of Volkswagen AG, his American counterpart, Scott Keogh, CEO of Volkswagen Group of America, added, “We could not be prouder to build the future of mobility here in the United States. We’re known as ‘the peoples’ car’ for a reason, and we plan to build EVs for millions, not millionaires.”

What Keogh didn’t say was that

This article was published by The McAlvany Intelligence Advisor on Friday, October 19, 2018: 

Over the last two or three years, tens of thousands of people have watched YouTube videos (see Sources) of the unbelievable technology that companies like Amazon and British online grocery company Ocado are using to cut delivery costs and times for their customers. Each of Amazon’s “fulfillment centers” ships upwards of a million orders every single day, with nary a human in sight.

Give Amazon credit. It saw the technology it would need as far back as 2012 when they bought Kiva Systems, the developer of the little Kiva robots that look like oversized Roombas. Kiva was leasing their robots and their technology to companies like The Gap, Walgreens, Staples, Office Depot, Crate & Barrel, and Saks 5^th Avenue. But when those leases ended, Amazon didn’t renew them. It wanted the Kiva technology for itself.

Today, in its more than 100 massive distribution or “fulfillment” centers, there are hundreds of thousands of Kiva robots doing the work humans used to do just a few years ago.

The million-square-foot fulfillment center in Baltimore is typical, as Christopher Mims explained in The Wall Street Journal:

This article appeared online at TheNewAmerican.com on Thursday, October 18, 2018:  

When Amazon, the largest Internet retailer in the world, purchased Kiva Systems in 2012, it paid almost a billion dollars for it; and it transformed, and continues to transform, the company. Amazon wanted the technology behind the Kiva robots that were previously being used by The Gap, Walgreens, Staples, Office Depot, Crate & Barrel, and Saks 5th Avenue. When the contracts with those companies ran out Amazon didn’t renew them.

It wanted Kiva’s technology for itself.

Today, in its more than 100 massive distribution or “fulfillment” centers, there are hundreds of thousands of Kiva robots doing the work humans used to do just a few years ago. There are YouTube videos depicting this transformation from human “pickers” to robotic pickers.

The million-square-foot fulfillment center in Baltimore is typical, as Christopher Mims explained in the Wall Street Journal: