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

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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.

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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.

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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.”

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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.

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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.

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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.

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How We Cover the White House Correspondents’ Dinner

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How We Cover the White House Correspondents’ Dinner

Times Insider explains who we are and what we do, and delivers behind-the-scenes insights into how our journalism comes together.

Politicians in Washington and the reporters who cover them have an often adversarial relationship.

But on the last Saturday in April, they gather for an irreverent celebration of press freedom and the First Amendment at the Washington Hilton Hotel: The White House Correspondents’ Association dinner.

Hosted by the association, an organization that helps ensure access for media outlets covering the presidency, the dinner attracts Hollywood stars; politicians from both parties; and representatives of more than 100 networks, newspapers, magazines and wire services.

While The Times will have two reporters in the ballroom covering the event, the company no longer buys seats at the party, said Richard W. Stevenson, the Washington bureau chief. The decision goes back almost two decades; the last dinner The Times attended as an organization was in 2007.

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“We made a judgment back then that the event had become too celebrity-focused and was undercutting our need to demonstrate to readers that we always seek to maintain a proper distance from the people we cover, many of whom attend as guests,” he said.

It’s a decision, he added, that “we have stuck by through both Republican and Democratic administrations, although we support the work of the White House Correspondents’ Association.”

Susan Wessling, The Times’s Standards editor, said the policy is a product of the organization’s desire to maintain editorial independence.

“We don’t want to leave readers with any questions about our independence and credibility by seeming to be overly friendly with people whose words and actions we need to report on,” she said.

The celebrity mentalist Oz Pearlman is headlining the evening, in lieu of the usual comedy set by the likes of Stephen Colbert and Hasan Minhaj, but all eyes will be on President Trump, who will make his first appearance at the dinner as president.

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Mr. Trump has boycotted the event since 2011, when he was the butt of punchlines delivered by President Barack Obama and the talk show host Seth Meyers mocking his hair, his reality TV show and his preoccupation with the “birther” movement.

Last month, though, Mr. Trump, who has a contentious relationship with the media, announced his intention to attend this year’s dinner, where he will speak to a room full of the same reporters he often derides as “enemies of the people.”

Times reporters will be there to document the highs, the lows and the reactions in the room. A reporter for the Styles desk has also been assigned to cover the robust roster of after-parties around Washington.

Some off-duty reporters from The Times will also be present at this late-night circuit, though everyone remains cognizant of their roles, said Patrick Healy, The Times’s assistant managing editor for Standards and Trust.

“If they’re reporting, there’s a notebook or recorder out as usual,” he said. “If they’re not, they’re pros who know they’re always identifiable as Times journalists.”

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For most of The Times’s reporters and editors, though, the evening will be experienced from home.

“The rest of us will be able to follow the coverage,” Mr. Stevenson said, “without having to don our tuxes or gowns.”

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MrBeast company sued over claims of sexual harassment, firing a new mom

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MrBeast company sued over claims of sexual harassment, firing a new mom

A former female staffer who worked for Beast Industries, the media venture behind the popular YouTube channel MrBeast, is suing the company, alleging she was sexually harassed and fired shortly after she returned from maternity leave.

The employee, Lorrayne Mavromatis, a Brazilian-born social media professional, alleges in a lawsuit she was subjected to sexual harassment by the company’s management and demoted after she complained about her treatment. She said she was urged to join a conference call while in labor and expected to work during her maternity leave in violation of the Family and Medical Leave Act, according to the federal complaint filed Wednesday in the U.S. District Court for the Eastern District of North Carolina.

“This clout-chasing complaint is built on deliberate misrepresentations and categorically false statements, and we have the receipts to prove it. There is extensive evidence — including Slack and WhatsApp messages, company documents, and witness testimony — that unequivocally refutes her claims. We will not submit to opportunistic lawyers looking to manufacture a payday from us,” Gaude Paez, a Beast Industries spokesperson, said in a statement.

Jimmy Donaldson, 27, began MrBeast as a teen gaming channel that soon exploded into a media company worth an estimated $5 billion, with 500 employees and 450 million subscribers who watch its games, stunts and giveaways.

Mavromatis, who was hired in 2022 as its head of Instagram, described a pervasive climate of discrimination and harassment, according to the lawsuit.

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In her complaint, she alleges the company’s former CEO James Warren made her meet him at his home for one-on-one meetings while he commented on her looks and dismissed her complaints about a male client’s unwanted advances, telling her “she should be honored that the client was hitting on her.”

When Mavromatis asked Warren why MrBeast, Donaldson, would not work with her, she was told that “she is a beautiful woman and her appearance had a certain sexual effect on Jimmy,” and, “Let’s just say that when you’re around and he goes to the restroom, he’s not actually using the restroom.”

Paez refuted the claim.

“That’s ridiculous. This is an allegation fabricated for the sole purpose of sparking headlines,” Paez said.

Mavromatis said she endured a slate of other indignities such as being told by Donaldson that she “would only participate in her video shoot if she brought him a beer.”

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“In this male-centric workplace, Plaintiff, one of the few women in a high-level role, was excluded from otherwise all-male meetings, demeaned in front of colleagues, harassed, and suffered from males be given preferential treatment in employment decisions,” states the complaint.

When Mavromatis raised a question during a staff meeting with her team, she said a male colleague told her to “shut up” or “stop talking.”

At MrBeast headquarters in Greenville, N.C., she said male executives mocked female contestants participating in BeastGames, “who complained they did not have access to feminine hygiene products and clean underwear while participating in the show.”

In November 2023, Mavromatis formally complained about “the sexually inappropriate encounters and harassment, and demeaning and hostile work environment she and other female employees had been living and experiencing working at MrBeast,” to the company’s then head of human resources, Sue Parisher, who is also Donaldson’s mother, according to the suit.

In her complaint, Mavromatis said Beast Industries did not have a method or process for employees to report such issues either anonymously or to a third party, rather employees were expected to follow the company’s handbook, “How to Succeed In MrBeast Production.”

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In it, employees were instructed that, “It’s okay for the boys to be childish,” “if talent wants to draw a dick on the white board in the video or do something stupid, let them” and “No does not mean no,” according to the complaint.

Mavromatis alleges that she was demoted and then fired.

Paez said that Mavromatis’s role was eliminated as part of a reorganization of an underperforming group within Beast Industries and that she was made aware of this.

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Heidi O’Neill, Formerly of Nike, Will Be New Lululemon’s New CEO

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Heidi O’Neill, Formerly of Nike, Will Be New Lululemon’s New CEO

Lululemon, the yoga pants and athletic clothing company, has hired a former executive from a rival, Nike, as its new chief executive.

Heidi O’Neill, who spent more than 25 years at Nike, will take the reins and join Lululemon’s board of directors on Sept. 8, the company announced on Wednesday.

The leadership change is happening during a tumultuous time for Lululemon, which had grown to $11 billion in revenue by persuading shoppers to ditch their jeans and slacks for stretchy leggings. But lately, sales have declined in North America amid intense competition and shifting fashion trends, with consumers favoring looser styles rather than the form-fitting silhouettes for which Lululemon is best known.

“As I step into the C.E.O. role in September, my job will be to build on that foundation — to accelerate product breakthroughs, deepen the brand’s cultural relevance, and unlock growth in markets around the world,” Ms. O’Neill, 61, said in a statement.

Lululemon, based in Vancouver, British Columbia, has also been entangled in a corporate power struggle over the company’s future. Its billionaire founder, Chip Wilson, has feuded with the board, nominated independent directors and criticized executives.

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Lululemon’s previous chief executive, Calvin McDonald, stepped down at the end of January as pressure mounted from Mr. Wilson and some investors. One activist investor, Elliott Investment Management, had pushed its own chief executive candidate, who was not selected.

The interim co-chiefs, Meghan Frank and André Maestrini, will lead the company until Ms. O’Neill’s arrival, when they are expected to return to other senior roles. The pair had outlined a plan to revive sales at Lululemon, promising to invest in stores, save more money and speed up product development.

“We start the year with a real plan, with real strategies,” Mr. Maestrini said in an interview this year. “We make sure decisions are made fast.”

Lululemon said last month that it would add Chip Bergh, the former chief executive of Levi Strauss, to its board to replace David Mussafer, the chairman of the private equity firm Advent International, whom Mr. Wilson had sought to remove.

Ms. O’Neill climbed the organizational chart at Nike for decades, working across divisions including consumer sports, product innovation and brand marketing, and was most recently its president of consumer, product and brand. She left Nike last year amid a shake-up of senior management that led to the elimination of her role.

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Analysts said Ms. O’Neill would be expected to find ways to energize Lululemon’s business and reset the company’s culture in order to improve performance.

“O’Neill is her own person who will come with an agenda of change,” said Neil Saunders, the managing director of GlobalData, a data analytics and consulting company. “The task ahead is a significant one, but it can be undertaken from a position of relative stability.”

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