Connect with us

Business

SEC has issued a subpoena to bankrupt carmaker Fisker, indicating possible probe

Published

on

SEC has issued a subpoena to bankrupt carmaker Fisker, indicating possible probe

Fisker Inc. has received a subpoena from the Securities and Exchange Commission, indicating the bankrupt Southern California electric vehicle maker could be under investigation by Wall Street’s top cop, according to a court filing.

SEC subpoenas, which typically seek either records or testimony, are confidential, but a mention of the agency’s demand for information was included in a U.S. Bankruptcy Court filing this week in Delaware, where the troubled automaker filed for Chapter 11 protection on June 18 under a heavy debt load. The subpoena was included in a list of ongoing legal proceedings against Fisker; the filing did not provide any details about why the agency issued the subpoena.

As the company’s stock price has plummeted, shareholders have experienced large stock losses. Fisker is a defendant in a pending shareholder class-action lawsuit and five shareholder derivative complaints regarding a sharp drop in its stock price last fall. Derivative suits are filed by shareholders on behalf of the company and typically accuse officers or directors of wrongdoing.

Shaneeda Jaffer, a white-collar defense attorney at Benesch in San Francisco, said that although it’s an “absolute possibility” that Fisker is the target of an investigation, the agency also issues subpoenas to parties that might be able to provide information about other probes.

“Or you could be a subject of an investigation where you haven’t necessarily been put in either of those buckets. Companies and individuals receive subpoenas from the SEC all the time,” she said.

Advertisement

If wrongdoing is found, SEC investigations can lead to civil allegations or referrals to the Department of Justice for potential criminal investigation and possible charges.

A spokesperson for the agency said it does not comment on whether it is conducting an investigation. Fisker also declined to comment.

Fisker, based in Manhattan Beach until it moved to Orange County earlier this year, was founded in 2016 by auto designer Henrik Fisker. It went public in 2020 amid a surge of investor interest in electric vehicles, raising about $1 billion in capital, and was valued at close to $8 billion a year later.

Fisker’s stock reached an all-time high of $31.96 in March 2021 before dropping below $10 the next year and falling off a cliff late last year to under $2 a share. It now trades for less than a penny.

Last year, it released its first model, an SUV called the Ocean that was intended to compete with Tesla’s Model Y. But it had trouble meeting production goals at its contract manufacturer in Austria and delivering the vehicles to customers. The car also was plagued by software glitches. The company was reportedly in talks this year with Nissan to build a pickup truck domestically but failed to reach an agreement.

Advertisement

The lawsuits similarly allege that Henrik Fisker, the company’s chairman and chief executive; his wife, Geeta Gupta-Fisker, the company’s co-founder and chief financial and operating officer; and others, including board members, violated their fiduciary duties and/or securities laws. The company declined comment.

The allegations generally stem from a series of events that began with a news release issued in August 2023 that stated Fisker would produce up to 23,000 Oceans that year. However, it disclosed in November that in the third quarter it had built only 4,725 of the vehicles, with 1,097 delivered to customers.

The company also announced in November that its third-quarter results would be delayed due to the departure of its chief accounting officer, whose replacement resigned within days. When it released the results, Fisker said it had to make “material adjustments” to its financials and had identified a “material weakness in internal controls.” The company’s share price fell that month by more than half, to less than $2.

James Lucas, 52, a Fisker shareholder who said he lost more than $100,000 investing in the company, said shareholders also are angry over a series of media appearances by Henrik Fisker during which he touted the company’s prospects, even as its fortunes declined.

“There were a lot of comments made by mostly Henrik Fisker that had these kind of broad visions about the number of vehicles that were going to be produced. Whether it was just a failure to execute, who knows,” said the L.A. County resident. “As an investor you take senior managers’ word on a lot of things.”

Advertisement

Lucas, who participates in a Telegram group of Fisker investors, said he has filed complaints with the SEC against Fisker citing multiple issues and believes other aggrieved investors also have done so.

In March 2023, before the company had released the Ocean, Fisker boasted on CNBC that the automaker would make money on the first cars it shipped because its vehicle was being built by its contract manufacturer. “I can just sit counting the cash,” he said during the interview, which included a projection that Fisker would sell 1 million cars in 2027.

One year later on March 1, Fisker told an interviewer on Bloomberg TV that the company would “conservatively” deliver 20,000 to 22,000 to a new dealer network it had decided to put together. “In fact, we have a few dealers telling us, are you sure you can deliver us enough cars because we think we can sell more cars than what you’re offering us right now,” he said.

That same day, he told Yahoo Finance that he was confident the share price would rise above $1 a share to avoid being delisted from the New York Stock Exchange. “I feel very optimistic about our future,” he said. The shares were delisted the next month.

Fisker produced only somewhat more than 10,000 vehicles before it filed for bankruptcy.

Advertisement

With the stock now trading for less than a penny in bankruptcy, Henrik Fisker has suffered big losses too, with his stake in the company worth little to nothing. But he also sold about $20 million worth of stock in 2021 well before the steep decline.

The company said that Henrik Fisker was not speaking to the media.

Andrew Fiorella, a securities litigator in Cleveland also at Benesch, said it was highly unlikely Fisker shareholders would be able to recover their losses, given that secured debt holders and others with claims against the bankrupt company have priority over common shareholders.

“There’s almost certainly going to be nothing left at the end of the day,” he said.

Fisker is not the only California startup electric vehicle maker that has experienced troubles amid a sales slowdown that is at least partially attributable to a rise in interest rates that has made financing more costly.

Advertisement

Rivian in Irvine and Lucid in the Bay Area, which both went public in 2021, also have seen sharp price declines as the hype over EVs has faded. However, each company has deep-pocketed institutional investors, and both are still operating.

Business

They graduated from Stanford. Due to AI, they can’t find a job

Published

on

They graduated from Stanford. Due to AI, they can’t find a job

A Stanford software engineering degree used to be a golden ticket. Artificial intelligence has devalued it to bronze, recent graduates say.

The elite students are shocked by the lack of job offers as they finish studies at what is often ranked as the top university in America.

When they were freshmen, ChatGPT hadn’t yet been released upon the world. Today, AI can code better than most humans.

Top tech companies just don’t need as many fresh graduates.

“Stanford computer science graduates are struggling to find entry-level jobs” with the most prominent tech brands, said Jan Liphardt, associate professor of bioengineering at Stanford University. “I think that’s crazy.”

Advertisement

While the rapidly advancing coding capabilities of generative AI have made experienced engineers more productive, they have also hobbled the job prospects of early-career software engineers.

Stanford students describe a suddenly skewed job market, where just a small slice of graduates — those considered “cracked engineers” who already have thick resumes building products and doing research — are getting the few good jobs, leaving everyone else to fight for scraps.

“There’s definitely a very dreary mood on campus,” said a recent computer science graduate who asked not to be named so they could speak freely. “People [who are] job hunting are very stressed out, and it’s very hard for them to actually secure jobs.”

The shake-up is being felt across California colleges, including UC Berkeley, USC and others. The job search has been even tougher for those with less prestigious degrees.

Eylul Akgul graduated last year with a degree in computer science from Loyola Marymount University. She wasn’t getting offers, so she went home to Turkey and got some experience at a startup. In May, she returned to the U.S., and still, she was “ghosted” by hundreds of employers.

Advertisement

“The industry for programmers is getting very oversaturated,” Akgul said.

The engineers’ most significant competitor is getting stronger by the day. When ChatGPT launched in 2022, it could only code for 30 seconds at a time. Today’s AI agents can code for hours, and do basic programming faster with fewer mistakes.

Data suggests that even though AI startups like OpenAI and Anthropic are hiring many people, it is not offsetting the decline in hiring elsewhere. Employment for specific groups, such as early-career software developers between the ages of 22 and 25 has declined by nearly 20% from its peak in late 2022, according to a Stanford study.

It wasn’t just software engineers, but also customer service and accounting jobs that were highly exposed to competition from AI. The Stanford study estimated that entry-level hiring for AI-exposed jobs declined 13% relative to less-exposed jobs such as nursing.

In the Los Angeles region, another study estimated that close to 200,000 jobs are exposed. Around 40% of tasks done by call center workers, editors and personal finance experts could be automated and done by AI, according to an AI Exposure Index curated by resume builder MyPerfectResume.

Advertisement

Many tech startups and titans have not been shy about broadcasting that they are cutting back on hiring plans as AI allows them to do more programming with fewer people.

Anthropic Chief Executive Dario Amodei said that 70% to 90% of the code for some products at his company is written by his company’s AI, called Claude. In May, he predicted that AI’s capabilities will increase until close to 50% of all entry-level white-collar jobs might be wiped out in five years.

A common sentiment from hiring managers is that where they previously needed ten engineers, they now only need “two skilled engineers and one of these LLM-based agents,” which can be just as productive, said Nenad Medvidović, a computer science professor at the University of Southern California.

“We don’t need the junior developers anymore,” said Amr Awadallah, CEO of Vectara, a Palo Alto-based AI startup. “The AI now can code better than the average junior developer that comes out of the best schools out there.”

To be sure, AI is still a long way from causing the extinction of software engineers. As AI handles structured, repetitive tasks, human engineers’ jobs are shifting toward oversight.

Advertisement

Today’s AIs are powerful but “jagged,” meaning they can excel at certain math problems yet still fail basic logic tests and aren’t consistent. One study found that AI tools made experienced developers 19% slower at work, as they spent more time reviewing code and fixing errors.

Students should focus on learning how to manage and check the work of AI as well as getting experience working with it, said John David N. Dionisio, a computer science professor at LMU.

Stanford students say they are arriving at the job market and finding a split in the road; capable AI engineers can find jobs, but basic, old-school computer science jobs are disappearing.

As they hit this surprise speed bump, some students are lowering their standards and joining companies they wouldn’t have considered before. Some are creating their own startups. A large group of frustrated grads are deciding to continue their studies to beef up their resumes and add more skills needed to compete with AI.

“If you look at the enrollment numbers in the past two years, they’ve skyrocketed for people wanting to do a fifth-year master’s,” the Stanford graduate said. “It’s a whole other year, a whole other cycle to do recruiting. I would say, half of my friends are still on campus doing their fifth-year master’s.”

Advertisement

After four months of searching, LMU graduate Akgul finally landed a technical lead job at a software consultancy in Los Angeles. At her new job, she uses AI coding tools, but she feels like she has to do the work of three developers.

Universities and students will have to rethink their curricula and majors to ensure that their four years of study prepare them for a world with AI.

“That’s been a dramatic reversal from three years ago, when all of my undergraduate mentees found great jobs at the companies around us,” Stanford’s Liphardt said. “That has changed.”

Advertisement
Continue Reading

Business

Disney+ to be part of a streaming bundle in Middle East

Published

on

Disney+ to be part of a streaming bundle in Middle East

Walt Disney Co. is expanding its presence in the Middle East, inking a deal with Saudi media conglomerate MBC Group and UAE firm Anghami to form a streaming bundle.

The bundle will allow customers in Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the UAE to access a trio of streaming services — Disney+; MBC Group’s Shahid, which carries Arabic originals, live sports and events; and Anghami’s OSN+, which carries Arabic productions as well as Hollywood content.

The trio bundle costs AED89.99 per month, which is the price of two of the streaming services.

“This deal reflects a shared ambition between Disney+, Shahid and the MBC Group to shape the future of entertainment in the Middle East, a region that is seeing dynamic growth in the sector,” Karl Holmes, senior vice president and general manager of Disney+ EMEA, said in a statement.

Disney has already indicated it plans to grow in the Middle East.

Advertisement

Earlier this year, the company announced it would be building a new theme park in Abu Dhabi in partnership with local firm Miral, which would provide the capital, construction resources and operational oversight. Under the terms of the agreement, Disney would oversee the parks’ design, license its intellectual property and provide “operational expertise,” as well as collect a royalty.

Disney executives said at the time that the decision to build in the Middle East was a way to reach new audiences who were too far from the company’s current hubs in the U.S., Europe and Asia.

Continue Reading

Business

Erewhon and others shut by fire set to reopen in Pacific Palisades mall

Published

on

Erewhon and others shut by fire set to reopen in Pacific Palisades mall

Fancy grocer Erewhon will return to Pacific Palisades in an entirely rebuilt store, as the neighborhood’s luxury mall, owned by developer Rick Caruso, undergoes renovations for a reopening next August.

Palisades Village has been closed since the Jan. 7 wildfire destroyed much of the neighborhood. The outdoor mall survived the blaze but needed to be refurbished to eliminate contaminants that the fire could have spread, Caruso said.

The developer is spending $60 million to bring back Palisades Village, removing and replacing drywall from stores and restaurants. Dirt from the outdoor areas is also being replaced.

Demolition is complete and the tenants’ spaces are now being restored, Caruso said.

“It was not a requirement to do that from a scientific standpoint,” he said. “But it was important to me to be able to tell guests that the property is safe and clean.”

Advertisement

Erewhon’s store was taken down to the studs and is being reconfigured with a larger outdoor seating area for dining and events.

When it opens its doors sometime next year, it will be the only grocer in the heart of the fire-ravaged neighborhood.

The announcement of Erewhon’s comeback marks a milestone in the recovery of Pacific Palisades and signals renewed investment in restoring essential neighborhood services and supporting the community’s long-term economic health, Caruso said.

A photograph of the exterior of Erewhon in Pacific Palisades in 2024.

(Kailyn Brown/Los Angeles Times)

Advertisement

“They are one of the sexiest supermarkets in the world now and they are in high demand,” he said. “Their committing to reopening is a big statement on the future of the Palisades and their belief that it’s going to be back stronger than ever.”

Caruso previously attributed the mall’s survival to the hard work of private firefighters and the fire-resistant materials used in the mall’s construction. The $200-million shopping and dining center opened in 2018 with a movie theater and a roster of upmarket tenants, including Erewhon.

“We’re honored to join the incredible effort underway at Palisades Village,” Erewhon Chief Executive Tony Antoci said in a statement. “Reopening is a meaningful way for us to contribute to the healing and renewal of this neighborhood.”

Erewhon has cultivated a following of shoppers who visit daily to grab a prepared meal or one of its celebrity-backed $20 smoothies.

Advertisement

The privately held company doesn’t share financial figures, but has said its all-day cafes occupy roughly 30% of its floor space and serve 100,000 customers each week.

Erewhon has also branched out beyond selling groceries.

Its fast-growing private-label line now includes Erewhon-branded apparel, bags, candles, nutritional supplements and bath and body products.

Erewhon will also open new stores in West Hollywood in February, in Glendale in May and at Caruso’s The Lakes at Thousand Oaks mall in July 2026.

About 90% of the tenants are expected to return to the mall when it reopens, Caruso said, including restaurants Angelini Ristorante & Bar and Hank’s. Local chef Nancy Silverton has agreed to move in with a new Italian steakhouse called Spacca Tutto.

Advertisement

In May, Pacific Palisades-based fashion designer Elyse Walker said she would reopen her eponymous store in Palisades Village after losing her 25-year flagship location on Antioch Street in the inferno.

Fashion designer Elyse Walker announced the reopening of her flagship store

Fashion designer Elyse Walker announced the reopening of her flagship store at the Palisades Village in May.

(Myung J. Chun/Los Angeles Times)

“People who live in the Palisades don’t want to leave,” Walker said at the time. “It’s a magical place.”

Caruso carried on annual holiday traditions at Palisades Village this year, including the lighting of a 50-foot Christmas tree for hundreds of celebrants Dec. 5. On Sunday evening, leaders from the Chabad Jewish Community Center of Pacific Palisades gathered at the mall to light a towering menorah.

Advertisement

A total of 6,822 structures were destroyed in the Palisades fire, including more than 5,500 residences and 100 commercial businesses, according to the California Department of Forestry and Fire Protection.

Caruso said he hopes the shopping center’s revival will inspire residents to return. His investment “shows my belief that the community is coming back,” he said. “Next year is going to be huge.”

Continue Reading
Advertisement

Trending