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Elon Musk is bringing lawsuits to Texas. A judge with Tesla stock keeps hearing them

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Elon Musk is bringing lawsuits to Texas. A judge with Tesla stock keeps hearing them

U.S. Federal Judge Reed O’Connor has been a longtime active member of the Federalist Society. In 2018, he spoke on a panel at the annual Texas Chapters Conference.

The Federalist Society/Screenshot by NPR


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The Federalist Society/Screenshot by NPR

Billionaire Elon Musk seems to have found a new favorite federal judge: Reed O’Connor in Fort Worth, Texas.

Musk’s social media company X has filed two major lawsuits against groups he sees as antagonists, and O’Connor is presiding over both of them, even though none of the parties is based in Texas.

So far, O’Connor has delivered stunningly pro-Musk decisions, which have gained widespread attention.

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What has garnered less attention: O’Connor’s investment in Tesla, between “$15,001 and $50,000” of Tesla stock, according to his most recent publicly available financial disclosure filing.

That investment has fueled questions over O’Connor’s fairness as a judge, since the outcome of the suits filed by Musk’s X could impact his business empire.

“It is absolutely reasonable to question his impartiality in a case where the party and interest is a principal in a company the judge owns stock in,” said James Sample, a professor who specializes in judicial ethics at Hofstra University’s law school.

Others have questioned whether Musk’s legal team intentionally aimed to take their cases to O’Connor’s court — something known as “forum shopping” — in hopes of a sympathetic outcome.

The practice is controversial, but not illegal. Federal rules dictating where a lawsuit can be filed are broad, said Jennifer Ahearn, senior counsel for the Brennan Center’s Judiciary Program.

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“They’re taking advantage of those openings in a way that is not common,” Ahearn said. “A reason why you don’t see that more is because you often don’t find both judges willing to accept these kinds of situations and parties willing to accept the wrath of the judges for doing that.”

But this judge, according to Ahearn, appears to be the opposite: willing to take on cases in his Texas district that would not ordinarily land there.

O’Connor, a member of the influential conservative legal group the Federalist Society, was appointed by former President George W. Bush in 2007. He has developed a reputation for handing down legal victories to Republicans, notably ruling against the Affordable Care Act and striking down federal gun regulations.

Now, O’Connor has taken on two cases from another conservative, who happens to be the richest person in the world who is using O’Connor’s court to attack perceived enemies.

O’Connor did not return multiple requests for comment. Musk did not, either.

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Musk’s suit is draining Media Matters of cash

O’Connor is now in charge of two of Musk’s most high-profile legal crusades.

One of the cases, filed this week by Musk’s X, claims a consortium of advertisers that yanked ads from the platform illegally conspired against the social media site.

The repercussions of the case were almost instantaneous.

Fearing that the lawsuit would drain its finances, the World Federation of Advertisers said on Friday it would dissolve its brand safety initiative, known as the Global Alliance for Responsible Media.

Brands Unilever, Mars, CVS and Orsted are also named as defendants.

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The second lawsuit was filed in November by Musk’s X, claiming liberal watchdog group Media Matters released a deceptive report about major advertisers appearing alongside pro-Nazi posts. The suit cited contract violations and business disparagement, a legal term for derogatory statements that harm a company.

The cost of turning over vast numbers of documents in the case, a process known as discovery, has already cost the nonprofit of about 100 people millions of dollars and forced it to lay off about 14 staffers.

Lawyers for Media Matters wrote in an email to Musk’s legal team that the document production has so far been “expansive and intrusive,” comparing the effort to “harassment,” according to legal filings, which show Musk’s legal team requesting the personal bank records of rank-and-file employees.

Five months ago, lawyers for Media Matters asked O’Connor to rule on what is often the first major hurdle of a lawsuit: a motion to dismiss determining whether Musk’s suit has any merit or not.

O’Connor green-lit the discovery process, but he still has not ruled on the lawsuit’s merits.

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Allegations of “forum shopping” lodged at Musk

Like with the Media Matters case, neither X, which is listed in the suits as a Nevada corporation, nor any of the defendants are based in Texas.

But Musk’s legal team justified filing the Media Matters case in Texas by saying the nonprofit “routinely contacts” Texans asking them to subscribe to the group’s content and that, in the second case, the advertisers have a “substantial volume of business” in Texas.

Forum shopping accusations have recently come under scrutiny in the northern district of Texas, in part because the district is distinct.

In most parts of the country, lawsuits are randomly assigned to judges. But in northern Texas, judges take on suits based on which division of the district they are filed in. That can allow parties to almost cherry-pick a judge, according to Ahearn with the Brennan Center for Justice.

“It’s particularly extreme,” Ahearn said of forum shopping in northern Texas. “It has become a problem for the judiciary in a way that it hasn’t been in the past.”

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Something else that makes the cases in Texas unique is that laws that protect people and groups from meritless lawsuits do not apply in Texas’ federal courts, under a 2019 appeals court decision. That effectively means that if Musk loses the cases, he will not have to pay the defendants’ legal fees, as he would in many states.

Records say Judge O’Connor is a Tesla investor

Another issue has raised concern among legal ethics experts: O’Connor appears to be an investor in Tesla, another company owned by Musk.

It is unclear whether O’Connor has sold his investment of up to $50,000 in Tesla stock, because the judge’s disclosure form covering the 2023 calendar year is not publicly available. He has requested a filing extension, according to an official with the administrative office of U.S. courts who was not authorized to speak on the record.

In May, an NPR investigation found that disclosure forms for judges are often missing, or late, for various reasons. As a result, potential conflicts of interest, like stock holdings or even gifts of luxury travel, are hidden from public view.

Media Matters lawyers have seized on O’Connor’s disclosure, saying rulings on what evidence the judge allows in the case could impact Tesla’s stock price. They argue that testimony or documents revealing Musk’s decision-making process could be made public.

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“Such evidence has the potential to directly harm investor confidence in Musk — and thereby drive down Tesla’s share price. This is not speculation: History has shown that when Musk speaks, Tesla’s stock price responds,” Media Matters lawyer Andrew LeGrand wrote in a June filing.

Josh Blackman, an adjunct scholar at the right-leaning Cato Institute, had a different view, saying the case before O’Connor involves X, not Tesla.

“If the judge owned stock in X, if it were a public company, it’s an easy case,” Blackman said. “It’s a novel case because it requires a chain of inferences to get from X to Tesla.”

But judicial ethics scholar Sample insists the appearance of bias alone is enough to warrant O’Connor to step aside from the case.

He said: “Let another competent judge handle these cases without serious questions surrounding them.”

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Ukrainian drones assault Russian airfield as Kyiv pursues incursion

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Ukrainian drones assault Russian airfield as Kyiv pursues incursion

Moscow declared a state of emergency in two regions after a major Ukrainian drone strike caused large explosions at a military airfield and Kyiv pursued its most ambitious incursion into Russian territory in a decade of war.

The unexpected offensive, which raged into a fourth day on Friday, is the largest attack by Kyiv’s forces on Russian soil, not only since President Vladimir Putin launched his full-scale invasion of Ukraine in 2022, but at least since the Kremlin’s covert invasion of Crimea and the Donbas 10 years ago.

The assault aims to divert Russia’s troops from the east, expose its weaknesses and strengthen Kyiv’s position in future negotiations with Moscow, said an adviser to the government, after months of Russian gains on the more than 1,000km-long front of the grinding war within Ukraine.

A state of emergency was declared in the Russian regions of Kursk and Lipetsk, where Ukrainian forces were engaged in fierce fighting on Friday.

Friday’s drone assault added a complicated new dimension to the incursion, which dwarfs several previous cross-border raids conducted by anti-Moscow Russian volunteer fighters and a far-right militia operating under the command of Ukraine’s military intelligence directorate.

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Some military analysts have questioned the timing of the Kursk operation and the redeployment of some of its elite units at a time when Ukraine’s army is already struggling to defend the frontline in the Donetsk region.

Elements of at least four Ukrainian mechanised and airborne brigades have taken part in the operation so far. In videos verified by the Financial Times and military analysts, they have been seen using US Stryker and German Marder fighting vehicles provided to Kyiv as part of military assistance packages worth billions of dollars.

US and German officials said the armoured vehicles inside Russia had not violated the conditions of their use, despite previous objections by Washington and other western governments to such weaponry being used within Russia over concerns that Moscow might escalate the war.

Gas prices in Russia rose sharply. Kursk contains a crucial transit corridor for gas supply to Europe.

As Kyiv pressed on with its incursion, Russia responded with an attack on a busy supermarket and post office in the eastern Ukrainian city of Kostyantynivka on Friday, which killed at least 12 civilians and injured 44 more, said President Volodymyr Zelenskyy and local authorities.

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The aftermath of a Russian attack on a supermarket in Kostyantynivka, Ukraine, in which at least 12 civilians were killed © Andriy Yermak/Head of the Office of the President of Ukraine

Officials published videos showing black smoke billowing from a destroyed store and first responders working to save shoppers trapped under debris. Another video showed badly wounded people sprawled on the pavement.

The overnight drone attack on Russia was carried out by Ukraine’s security service, the SBU, with the military and special forces early on Friday, a Ukrainian official with knowledge of operations inside Russia told the Financial Times.

The official said the Lipetsk air base — about 300km from the international border and just east of the latest fighting — was targeted “to destroy Russian aviation logistics so that the enemy does not have the opportunity to bomb Ukrainian cities with anti-aircraft missiles”.

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Several warehouses filled with ammunition were detonated, the official said. Videos published on social media and geolocated by the Financial Times showed huge explosions reaching into the night sky.

The Ukrainian official claimed that up to 700 glide bombs stored in the warehouses were damaged or destroyed. Several dozen fighter jets, including Su-34, Su-35 and MiG-31 aircraft, along with military helicopters, were also at the air base, said the general staff of Ukraine’s army.

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“Most of the planes stationed at the military airfield . . . did not have time to take off,” the Ukrainian official claimed. 

The FT could not immediately verify whether the bombs and aircraft had been damaged or destroyed. Russian military bloggers reported that no aircraft were damaged.

Videos shared on Russian Telegram channels showed lines of civilian vehicles stretching several kilometres fleeing east from the Lipetsk and Kursk regions.

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The Ukrainian official said the Lipetsk attack was a follow-up to a Monday assault on the Morozovsk military base in Russia’s Rostov region that had destroyed anti-aircraft missiles and jet fighters. 

Ukraine’s general staff said its forces had also attacked Russian anti-aircraft missile divisions in the occupied territory of eastern Donetsk.

Those attacks came as Ukrainian forces pressed forward with their assault in the neighbouring Kursk region, where the Kremlin has lost control of roughly 350 sq km of territory, according to calculations by the FT and military analysts. 

Alexei Smirnov, the Kursk region’s acting governor, said the situation remained “difficult”. He said his government had declared a state of emergency, was still evacuating residents and was assisting those displaced.

Officials from the Russian emergencies ministry assist residents of the Kursk region, who were evacuated following an incursion of Ukrainian troops
Officials from the Russian emergencies ministry assist residents of the Kursk region, who were evacuated following the incursion by Ukrainian troops © Russian Emergencies Ministry/REUTERS

Pentagon deputy press secretary Sabrina Singh told reporters in Washington on Thursday that Ukraine was “taking action to protect themselves” and that the Biden administration did not see the incursion as escalatory.

Video and photo evidence suggested that Ukraine’s army has moved as deep as 35km into Russia from the international border, down a highway heading north-west. 

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A video circulating on social media that the FT geolocated to a highway in Rylsk showed a destroyed column of Russian military vehicles transporting soldiers that stretched for hundreds of metres. The bodies of several troops are seen in the gruesome video.

A person with knowledge of the operation shared a video with the FT purporting to show a first-person-view (FPV) camera-equipped drone armed with an explosive as it crashed into the tail rotor of a Russian military helicopter.

The person said the SBU was behind the strike — the second Ukrainian FPV drone attack on a Russian helicopter this week. The person said both helicopters crashed as a result of the strikes, but the FT was unable to independently corroborate the claims.

On Friday afternoon, Russian state media aired footage of large convoys of military trucks transporting heavy weaponry towards the fight in Kursk.

Zelenskyy has not explicitly commented on the incursion, but thanked Ukrainian troops on Friday for “destroying the Russian occupiers, holding the frontline, and ensuring that Ukraine remains on the world map”.

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“We are doing our best to provide our warriors with as many opportunities as possible to end this war as soon as possible with a just and lasting peace,” he said.

Andriy Zagorodnyuk, a former Ukrainian defence minister who advises the government, told the FT that Kyiv had planned the operation long in advance.

Zagorodnyuk said its aims included diverting Russian troops fighting elsewhere in Ukraine, as well as bringing the war home to Russians and discouraging them from supporting the war effort.

It also aimed to expose Russia’s weaknesses, including that it was incapable of protecting its own border, and to try to seize the initiative on the battlefield a year after an unsuccessful counteroffensive, and following months of Russian gains.

An image released by the Russian defence ministry showing a Russian air force Su-34 bomber dropping a glide bomb on Ukrainian positions in the Sumy region
An image released by the Russian defence ministry showing a Russian air force Su-34 bomber dropping a glide bomb on Ukrainian positions in the Sumy region © Russian Defense Ministry/AP

⁠Zagorodnyuk said the Ukrainian military was proving its ability to conduct “new tactics of combined arms operation” taught by western military trainers.

He said the aim was not to capture and hold Russian territory “for long”. “We don’t need Russian land,” he said. “We want them to fail on ours.”

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Konrad Muzyka, a military analyst at Rochan Consulting, a Poland-based security group, said the Ukrainian operation could help its position in the war if it forced Russia to divert resources from eastern Donetsk and allowed Kyiv to maintain a presence in Russia’s Kursk region.

That presence might offer a better negotiating position in future, he said.

“If Ukrainian troops, however, are pushed back from the Russian territory without any tangible results with high losses and if Russians continue moving towards Pokrovsk [in Donetsk],” he said, then Ukraine’s top military leadership would be seen as having lost a huge gamble.

“There is no middle ground here. The operation is daring,” he said.

Ukraine separately claimed on Friday to have landed on the Kinburn Spit, a long strip of land jutting into the Black Sea that has been occupied by Russia since March 2022.

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Video footage posted by Ukraine’s military intelligence showed troops landing by jet ski. “The Kinburn spit will be free, like all other temporarily occupied territories of Ukraine,” read an official post on Telegram. 

Additional reporting by Max Seddon in Riga, Anastasia Stognei in Tbilisi and Isobel Koshiw in Kyiv

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Walz and legions of 'dudes' want to give men permission to vote Democrat

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Walz and legions of 'dudes' want to give men permission to vote Democrat

Vice President Harris (R), introduces Democratic vice presidential candidate Minnesota Gov. Tim Walz (L) during a campaign rally at Temple University on Monday in Philadelphia.

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When Vice President Harris introduced her running mate, Minnesota Gov. Tim Walz, to the nation this week, she ran through his biography – dad, military member, high school football coach, teacher – but lingered on one particular story about his time teaching and coaching.

“Coach Walz was approached by a student in his social studies class,” Harris said. “The young man was one of the first openly gay students at the school and was hoping to start a gay straight alliance at a time when acceptance was difficult to find for LGBTQ students. Tim knew the signal that it would send to have a football coach get involved. So he signed up to be the group’s faculty advisor.”

It was a story about Walz helping a kid out, but it was also a story about how, decades ago, Walz understood something that Democratic men are understanding en masse right now: not only that they have a gender, but that they can use their gender to send a political signal.

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Building permission structures

There has been a remarkable trend since Kamala Harris ascended to the top of the Democratic ticket: reaching out to men voters as men. There’s White Dudes for Harris, which held a recent organizing call, plus other virtual meetups from groups including Win With Black Men, Men for Harris and Dads for Kamala.

Often, gender-specific organizing is aimed at women – think Moms Demand Action, Moms for Liberty, or Women for Trump. And indeed, there have been an array of Harris organizing calls aimed at different groups of women.

But men as a group vote substantially more Republican than women, and men continue to be a big part of Donald Trump’s base. Indeed, the GOP (and particularly Trump’s GOP) has made itself the party of overt displays of masculinity.

So Democrats have been considering for years how to pull men to their side. In putting together these calls aimed at men, leaders of these groups say they are creating a permission structure for men to support a Democratic woman at the top of the ticket.

“If you have men who are recognizably successful as men within the traditional terms say, ‘We’re supporting Kamala Harris,’ then it makes it easier for men who are more self-conscious about that identification,” explained Jackson Katz, a writer and cofounder of the Young Men Research Initiative, a super PAC aimed at energizing young progressive men.

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Bakari Sellers agrees. He was one organizer of the Win With Black Men call.

“The power of being able to go back to your barber shop and saying, ‘I was on a call with 50,000 men for Harris,’ that starts a totally different conversation,” Sellers said.

Just as Walz believed his status as a football coach would show students – likely, especially boys – that it was okay to support a gay peer, organizers hope that these groups help show men that they won’t be alone in supporting a Democratic woman of color.

Indeed, Walz himself – days before becoming the Democratic VP nominee – emphasized Harris’ gender and race on the White Dudes for Harris call while taking aim at Trump.

“How often in 100 days do you get to do something that’s going to impact generations to come? And how often in the world do you make that bastard wake up afterwards and know that a Black woman kicked his ass and sent him on the road?” Walz asked.

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Men’s gender becomes visible

None of this would have been possible with Biden at the top of the ticket, according to Katz.

“Because Harris is a woman, her presence in the race makes gender visible in a way that it wasn’t with Biden,” Katz said. “You’ll see things like Men for Harris in a way that you wouldn’t have seen Men for Biden, because that would strike people as very odd and even redundant.”

But then, men are not a monolith. Different groups have different motivations.

For example, Sellers said that Black men feel a particular duty to show up for Harris.

“This is our time to show that we can stand up with her. Black women are always the backbone of the Democratic Party – we hear it, we hear it, and we hear it,” Sellers said. “And we’re like, ‘No, they are, but we’re here too.’ And we’re going to do everything we can.”

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Meanwhile, Mark Linton, co-founder of Men for Harris, talked about making the pitch to white men using historic terms.

“This is that moment where white men are going to actually step up and say, this is actually our moment to really begin to turn a page and write a new chapter in America’s racial history,” Linton said.

Across all these groups, though, it’s clear that participants are thinking hard about their own identities, too.

“We’re here not only because we’re reimagining politics or reimagining the White House, but we’re reimagining what it means to be a dad,” said Mohan Sivaloganathan on a Dads for Kamala call. “And we’re retiring that tired stereotype of the dad who yells for everything but stands up for nothing.”

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Hargreaves Lansdown agrees £5.4bn takeover

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Hargreaves Lansdown agrees £5.4bn takeover

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Hargreaves Lansdown, the UK investment platform that pioneered selling stocks and funds directly to retail investors, has agreed to a £5.4bn takeover by a group of private equity firms.

The consortium, which is made up of CVC Capital Partners, Nordic Capital and Abu Dhabi Investment Authority, has agreed to pay £11.40 in cash for each Hargreaves Lansdown share.

The price includes a final dividend of 30p for the last financial year. The deal has an “alternative” option for shareholders who want to stay invested in Hargreaves Lansdown, by allowing them to roll over their stake into the unlisted company.

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The FTSE 100 business was founded in 1981 by Peter Hargreaves from his spare bedroom with Stephen Lansdown. The company, which floated in 2007, grew rapidly by offering individuals low-cost access to funds, as well as stocks and shares.

Hargreaves, who owns almost 20 per cent of the company, supports the deal and will sell 50 per cent of his stake while also keeping the rest in the business under its new owners. Hargreaves will receive £534mn from his share sale, according to people close to the process. Hargreaves declined to comment.

Lansdown has opted to sell his entire near-6 per cent holding. He told the Financial Times: “As with all such deals there is plenty of work to do, but I am pleased that we now have certainty and everyone can get on with their lives.

“[It’s] a bittersweet moment for me personally but I feel it is the right time to part company with Hargreaves Lansdown and concentrate on other projects.”

The option for shareholders to keep a portion of their stakes under the new owners has drawn criticism from some large shareholders because it would exclude investors who are unable to have holdings in unlisted companies.

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The deal makes Hargreaves Lansdown the latest company to delist from the London market, adding to a stream of businesses picked off by private equity firms and other acquirers that view UK companies as relatively cheap.

The board “believes that the cash offer represents an attractive opportunity for HL Shareholders . . . which may not be achievable until the execution of the strategy is delivered over the medium to longer term”, said Alison Platt, chair of Hargreaves Lansdown.

The private equity groups said Hargreaves Lansdown “now requires substantial investment in an extensive technology-led transformation” to improve its “proposition and resilience” and to drive “the next phase” of growth and development.

Shares in the company have fallen from a peak of £24 in 2019 following criticism over the cost of its technology overhaul under previous management. Under Dan Olley, who became chief executive a year ago, Hargreaves Lansdown has refocused its efforts to improve its technology. The shares climbed 2 per cent to about £11 in early trading on Friday.

Hargreaves Lansdown made its name by selling investments directly to customers — rather than through financial advisers — and offering tax-efficient products such as Individual Savings Accounts and self-invested personal pensions. It oversees about £155bn of customer money and has amassed 1.9mn customers.

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However, it came under fire for backing investment manager Neil Woodford, even as his fund started to come unstuck.

Analysts at Jefferies said although the offer represented a sizeable premium, they believed “there [was] greater value” in Hargreaves Lansdown over the medium term and expected shareholders to support the deal.

One analyst said that under private ownership, it would be easier for Hargreaves Lansdown to cut fees charged to customers, noting that the investment platform is more expensive than rivals in some cases. “Under public ownership, it’s hard to cut fees; under private, you can do that more easily,” he said.

Nordic Capital, a member of the consortium, previously invested in Nordnet, a similar digital investment site. Nordic Capital took the business private in 2016 and then relisted it in 2020.

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