Connect with us

Business

Judge approves Fisker bankruptcy plan favored by car owners

Published

on

Judge approves Fisker bankruptcy plan favored by car owners

Fisker Inc. will wind down operations under a bankruptcy plan approved Friday that should allow car owners to drive their cars for years — while not paying anything to shareholders who were wiped out investing in the defunct Southern California electric-vehicle maker.

The plan approved by U.S. Bankruptcy Court Judge Thomas Horan in Delaware comes as Fisker is grappling with a Securities and Exchange Commission investigation into possible securities violations at the company before its June bankruptcy filing.

Fisker disclosed in August that it had been subpoenaed by the SEC, which recently confirmed that it was investigating the company and demanded that the bankruptcy plan preserve records.

“The SEC has been much more aggressive in pursuing its claims and remedies, even if the focus of its investigation has filed for bankruptcy,” said Jennifer Lee, a former assistant director at the SEC Division of Enforcement now in private practice.

Advertisement

The agency has declined to comment on its investigation.

Co-founders Henrik Fisker, the company’s chairman and chief executive, and his wife, Geeta Gupta-Fisker, the chief financial and operating officer, and other officials are facing multiple shareholder lawsuits.

Plaintiffs allege violations of fiduciary duties and securities laws, including media appearances by Henrik Fisker touting the company’s prospects even as its fortunes declined.

Horan issued his ruling after a flurry of filings, hearings and closed-door meetings this week as Fisker, its creditors and owners worked out an agreement.

Leadership of the Fisker Owners Assn. came out last week in favor of the proposed plan, stating the vehicle maker had made progress in addressing open recalls Fisker had issued for its Ocean SUV and had engaged in “constructive dialogue” over maintenance issues.

Advertisement

The approved plan also resolved concerns by the National Highway Transportation Safety Board over how to pay for the costs of recalls, including one for malfunctioning brakes and another for a defective water pump. Under the approved plan, Fisker’s estate will cover those costs.

Another issue that was resolved was access to Fisker’s cloud server for over-the-air software updates the Ocean must receive to operate. Access to those updates will be provided by American Lease, a Bronx, N.Y., business that leases Uber and Lyft cars. It bid $46.25 million for Fisker’s unsold inventory of more than 3,000 cars.

American Lease agreed late this week to pay $2.5 million for access to the cloud for five years and will share that access with Fisker’s more than 6,000 car owners for an undetermined price.

“We’re happy with the outcome today, and we’re optimistic about the future,” said Brandon Jones, president of owners association. “There’s still some discussion and negotiation needed, but we’ll have the services we need to maintain our cars.”

Founded in 2016, Fisker went public in 2020 via a special purpose acquisition company backed by private equity firm Apollo Global Management. The company raised $1 billion in equity capital and borrowed even more, but ran out of money.

Advertisement

Headquartered in Manhattan Beach, Fisker moved to La Palma in Orange County earlier this year.

Henrik Fisker, a noted automotive designer, envisioned the company’s debut model, the Ocean, as a competitor to Tesla’s Model Y, but the company had trouble making and delivering the high-tech SUV. The Ocean was plagued by software glitches, though its ride and build were praised.

Several thousand car owners were eligible to vote on the plan, because they had filed claims against Fisker making them unsecured creditors.

Evan Scott, 39, filed two claims, one for nearly $28,000 based on the loss of value of his Ocean after price cuts, and a second for $1,000 after his car was delivered with faulty tires that had to be replaced after four months. He said he voted for the plan but feels he was misled by the company after purchasing some $50,000 in stock, which is now worthless.

“Everything they said was a lie for the last six months, and they knew they were going to file for bankruptcy,” said the Portland, Ore., resident.

Advertisement

Fisker’s stock reached a high of $28.50 in March 2021 amid peak interest in electric vehicles and a stock bubble that was popped after a rise in interest rates the following year. By the time of Fisker’s bankruptcy, its shares were trading for a nickel.

The Ocean’s base model retailed for $38,999 with the highest trim version going for more than $60,000, until a series of sharp price cuts. American Lease purchased its fleet of Oceans for about $13,900 per vehicle.

Fisker filed for bankruptcy after it was unable to secure a strategic investment from an auto manufacturer that Reuters identified as Nissan. It also failed in efforts to sell the company to other buyers. It estimated liabilities of up to $500 million and assets at between $500 million and $1 billion at the time of the filing.

It is being liquidated under Chapter 11 of the bankruptcy code typically used by companies seeking to restructure and remain in business. The process, however, has allowed management to remain in control of day to day operations of the company as it works through recalls and other issues.

By the time the bankruptcy plan was approved there were more than 4,000 claims filed against Fisker, including two that totaled more than $1 billion — one for $694 million for debt held by U.S. Bank, and a second for $475 million by Magna International, which manufactured the Ocean for Fisker at an Austrian plant.

Advertisement

Fisker has yet to sell the assets it owns in Austria as well as its intellectual property, which includes the vehicles designs and software code — which theoretically could be purchased by another auto maker to produce the Ocean and other vehicles Fisker had planned. Proceeds from those sales will go into a trust, with the majority received by the company’s secured creditor.

That creditor is CVI Investments and its investment manager, Heights Capital Management Inc., affiliates of Susquehanna International Group, a large Pennsylvania trading firm founded by billionaire Jeff Yass. It has a secured claim of more than $180 million stemming from debt it is owed by Fisker.

A number of shareholders sent letters to the court asking for an SEC inquiry into Fisker’s dealings with the creditor, whose position as a secured lender had been opposed by unsecured creditors earlier in the bankruptcy process. Attorneys for CVI have not responded to requests for comment.

Car owners seeking compensation may have other avenues to recover funds from the loss of warranty protection, software and mechanical problems and other issues.

The law firm Hagens Berman is filing arbitration cases against J.P. Morgan Chase Bank, a leading Fisker auto loan maker. Partner Steve Berman said his firm is proceeding with some 1,300 individual arbitration demands. Chase declined to comment.

Advertisement

Business

Block to cut more than 4,000 jobs amid AI disruption of the workplace

Published

on

Block to cut more than 4,000 jobs amid AI disruption of the workplace

Fintech company Block said Thursday that it’s cutting more than 4,000 workers or nearly half of its workforce as artificial intelligence disrupts the way people work.

The Oakland parent company of payment services Square and Cash App saw its stock surge by more than 23% in after-hours trading after making the layoff announcement.

Jack Dorsey, the co-founder and head of Block, said in a post on social media site X that the company didn’t make the decision because the company is in financial trouble.

“We’re already seeing that the intelligence tools we’re creating and using, paired with smaller and flatter teams, are enabling a new way of working which fundamentally changes what it means to build and run a company,” he said.

Block is the latest tech company to announce massive cuts as employers push workers to use more AI tools to do more with fewer people. Amazon in January said it was laying off 16,000 people as part of effort to remove layers within the company.

Advertisement

Block has laid off workers in previous years. In 2025, Block said it planned to slash 931 jobs, or 8% of its workforce, citing performance and strategic issues but Dorsey said at the time that the company wasn’t trying to replace workers with AI.

As tech companies embrace AI tools that can code, generate text and do other tasks, worker anxiety about whether their jobs will be automated have heightened.

In his note to employees Dorsey said that he was weighing whether to make cuts gradually throughout months or years but chose to act immediately.

“Repeated rounds of cuts are destructive to morale, to focus, and to the trust that customers and shareholders place in our ability to lead,” he told workers. “I’d rather take a hard, clear action now and build from a position we believe in than manage a slow reduction of people toward the same outcome.”

Dorsey is also the co-founder of Twitter, which was later renamed to X after billionaire Elon Musk purchased the company in 2022.

Advertisement

As of December, Block had 10,205 full-time employees globally, according to the company’s annual report. The company said it plans to reduce its workforce by the end of the second quarter of fiscal year 2026.

The company’s gross profit in 2025 reached more than $10 billion, up 17% compared to the previous year.

Dorsey said he plans to address employees in a live video session and noted that their emails and Slack will remain open until Thursday evening so they can say goodbye to colleagues.

“I know doing it this way might feel awkward,” he said. “I’d rather it feel awkward and human than efficient and cold.”

Advertisement
Continue Reading

Business

WGA cancels Los Angeles awards show amid labor strike

Published

on

WGA cancels Los Angeles awards show amid labor strike

The Writers Guild of America West has canceled its awards ceremony scheduled to take place March 8 as its staff union members continue to strike, demanding higher pay and protections against artificial intelligence.

In a letter sent to members on Sunday, WGA West’s board of directors, including President Michele Mulroney, wrote, “The non-supervisory staff of the WGAW are currently on strike and the Guild would not ask our members or guests to cross a picket line to attend the awards show. The WGAW staff have a right to strike and our exceptional nominees and honorees deserve an uncomplicated celebration of their achievements.”

The New York ceremony, scheduled on the same day, is expected go forward while an alternative celebration for Los Angeles-based nominees will take place at a later date, according to the letter.

Comedian and actor Atsuko Okatsuka was set to host the L.A. show, while filmmaker James Cameron was to receive the WGA West Laurel Award.

WGA union staffers have been striking outside the guild’s Los Angeles headquarters on Fairfax Avenue since Feb. 17. The union alleged that management did not intend to reach an agreement on the pending contract. Further, it claimed that guild management had “surveilled workers for union activity, terminated union supporters, and engaged in bad faith surface bargaining.”

Advertisement

On Tuesday, the labor organization said that management had raised the specter of canceling the ceremony during a call about contraction negotiations.

“Make no mistake: this is an attempt by WGAW management to drive a wedge between WGSU and WGA membership when we should be building unity ahead of MBA [Minimum Basic Agreement] negotiations with the AMPTP [Alliance of Motion Picture and Television Producers],” wrote the staff union. “We urge Guild management to end this strike now,” the union wrote on Instagram.

The union, made up of more than 100 employees who work in areas including legal, communications and residuals, was formed last spring and first authorized a strike in January with 82% of its members. Contract negotiations, which began in September, have focused on the use of artificial intelligence, pay raises and “basic protections” including grievance procedures.

The WGA has said that it offered “comprehensive proposals with numerous union protections and improvements to compensation and benefits.”

The ceremony’s cancellation, coming just weeks before the Academy Awards, casts a shadow over the upcoming contraction negotiations between the WGA and the Alliance of Motion Picture and Television Producers, which represents the studios and streamers.

Advertisement

In 2023, the WGA went on a strike lasting 148 days, the second-longest strike in the union’s history.

Times staff writer Cerys Davies contributed to this report.

Advertisement
Continue Reading

Business

Commentary: The Pentagon is demanding to use Claude AI as it pleases. Claude told me that’s ‘dangerous’

Published

on

Commentary: The Pentagon is demanding to use Claude AI as it pleases. Claude told me that’s ‘dangerous’

Recently, I asked Claude, an artificial-intelligence thingy at the center of a standoff with the Pentagon, if it could be dangerous in the wrong hands.

Say, for example, hands that wanted to put a tight net of surveillance around every American citizen, monitoring our lives in real time to ensure our compliance with government.

“Yes. Honestly, yes,” Claude replied. “I can process and synthesize enormous amounts of information very quickly. That’s great for research. But hooked into surveillance infrastructure, that same capability could be used to monitor, profile and flag people at a scale no human analyst could match. The danger isn’t that I’d want to do that — it’s that I’d be good at it.”

That danger is also imminent.

Claude’s maker, the Silicon Valley company Anthropic, is in a showdown over ethics with the Pentagon. Specifically, Anthropic has said it does not want Claude to be used for either domestic surveillance of Americans, or to handle deadly military operations, such as drone attacks, without human supervision.

Advertisement

Those are two red lines that seem rather reasonable, even to Claude.

However, the Pentagon — specifically Pete Hegseth, our secretary of Defense who prefers the made-up title of secretary of war — has given Anthropic until Friday evening to back off of that position, and allow the military to use Claude for any “lawful” purpose it sees fit.

Defense Secretary Pete Hegseth, center, arrives for the State of the Union address in the House Chamber of the U.S. Capitol on Tuesday.

(Tom Williams / CQ-Roll Call Inc. via Getty Images)

Advertisement

The or-else attached to this ultimatum is big. The U.S. government is threatening not just to cut its contract with Anthropic, but to perhaps use a wartime law to force the company to comply or use another legal avenue to prevent any company that does business with the government from also doing business with Anthropic. That might not be a death sentence, but it’s pretty crippling.

Other AI companies, such as white rights’ advocate Elon Musk’s Grok, have already agreed to the Pentagon’s do-as-you-please proposal. The problem is, Claude is the only AI currently cleared for such high-level work. The whole fiasco came to light after our recent raid in Venezuela, when Anthropic reportedly inquired after the fact if another Silicon Valley company involved in the operation, Palantir, had used Claude. It had.

Palantir is known, among other things, for its surveillance technologies and growing association with Immigration and Customs Enforcement. It’s also at the center of an effort by the Trump administration to share government data across departments about individual citizens, effectively breaking down privacy and security barriers that have existed for decades. The company’s founder, the right-wing political heavyweight Peter Thiel, often gives lectures about the Antichrist and is credited with helping JD Vance wiggle into his vice presidential role.

Anthropic’s co-founder, Dario Amodei, could be considered the anti-Thiel. He began Anthropic because he believed that artificial intelligence could be just as dangerous as it could be powerful if we aren’t careful, and wanted a company that would prioritize the careful part.

Again, seems like common sense, but Amodei and Anthropic are the outliers in an industry that has long argued that nearly all safety regulations hamper American efforts to be fastest and best at artificial intelligence (although even they have conceded some to this pressure).

Advertisement

Not long ago, Amodei wrote an essay in which he agreed that AI was beneficial and necessary for democracies, but “we cannot ignore the potential for abuse of these technologies by democratic governments themselves.”

He warned that a few bad actors could have the ability to circumvent safeguards, maybe even laws, which are already eroding in some democracies — not that I’m naming any here.

“We should arm democracies with AI,” he said. “But we should do so carefully and within limits: they are the immune system we need to fight autocracies, but like the immune system, there is some risk of them turning on us and becoming a threat themselves.”

For example, while the 4th Amendment technically bars the government from mass surveillance, it was written before Claude was even imagined in science fiction. Amodei warns that an AI tool like Claude could “conduct massively scaled recordings of all public conversations.” This could be fair game territory for legally recording because law has not kept pace with technology.

Emil Michael, the undersecretary of war, wrote on X Thursday that he agreed mass surveillance was unlawful, and the Department of Defense “would never do it.” But also, “We won’t have any BigTech company decide Americans’ civil liberties.”

Advertisement

Kind of a weird statement, since Amodei is basically on the side of protecting civil rights, which means the Department of Defense is arguing it’s bad for private people and entities to do that? And also, isn’t the Department of Homeland Security already creating some secretive database of immigration protesters? So maybe the worry isn’t that exaggerated?

Help, Claude! Make it make sense.

If that Orwellian logic isn’t alarming enough, I also asked Claude about the other red line Anthropic holds — the possibility of allowing it to run deadly operations without human oversight.

Claude pointed out something chilling. It’s not that it would go rogue, it’s that it would be too efficient and fast.

“If the instructions are ‘identify and target’ and there’s no human checkpoint, the speed and scale at which that could operate is genuinely frightening,” Claude informed me.

Advertisement

Just to top that with a cherry, a recent study found that in war games, AI’s escalated to nuclear options 95% of the time.

I pointed out to Claude that these military decisions are usually made with loyalty to America as the highest priority. Could Claude be trusted to feel that loyalty, the patriotism and purpose, that our human soldiers are guided by?

“I don’t have that,” Claude said, pointing out that it wasn’t “born” in the U.S., doesn’t have a “life” here and doesn’t “have people I love there.” So an American life has no greater value than “a civilian life on the other side of a conflict.”

OK then.

“A country entrusting lethal decisions to a system that doesn’t share its loyalties is taking a profound risk, even if that system is trying to be principled,” Claude added. “The loyalty, accountability and shared identity that humans bring to those decisions is part of what makes them legitimate within a society. I can’t provide that legitimacy. I’m not sure any AI can.”

Advertisement

You know who can provide that legitimacy? Our elected leaders.

It is ludicrous that Amodei and Anthropic are in this position, a complete abdication on the part of our legislative bodies to create rules and regulations that are clearly and urgently needed.

Of course corporations shouldn’t be making the rules of war. But neither should Hegseth. Thursday, Amodei doubled down on his objections, saying that while the company continues to negotiate and wants to work with the Pentagon, “we cannot in good conscience accede to their request.”

Thank goodness Anthropic has the courage and foresight to raise the issue and hold its ground — without its pushback, these capabilities would have been handed to the government with barely a ripple in our conscientiousness and virtually no oversight.

Every senator, every House member, every presidential candidate should be screaming for AI regulation right now, pledging to get it done without regard to party, and demanding the Department of Defense back off its ridiculous threat while the issue is hashed out.

Advertisement

Because when the machine tells us it’s dangerous to trust it, we should believe it.

Continue Reading

Trending