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In a letter to Tesla(TSLA)Chair Robyn Denholm, the Massachusetts Democrat argued Tesla(TSLA)shareholders may be hurt by its CEO’s ownership of Twitter and questioned whether the electric car maker’s board is doing enough to address the issues it poses.
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“Mr. Musk’s acquisition created unavoidable conflicts of interest,” Warren wrote in the letter dated Sunday.
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“As the owner of Twitter, Mr. Musk may decide to run the company to maximize badly-needed revenue, even if that includes great deals for Tesla’s competitors and potential injury to Tesla,” Warren wrote. “Or, perhaps the opposite will occur. As part of his fiduciary duty to Tesla, Mr. Musk may run Twitter to benefit Tesla: for example, he could subtly shift Twitter algorithms so that praise of Tesla products receive greater attention and criticism of Tesla products will be suppressed.”
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“This use of Tesla employees raises obvious questions about whether Mr. Musk is appropriating resources from a publicly traded firm, Tesla, to benefit his own private company, Twitter,” Warren said, noting it would violate Musk’s legal duty of loyalty to Twitter and may run afoul of “anti-tunneling” rules that are designed to prevent insiders from extracting resources form their firms.
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Oppenheimer & Co. downgraded its rating on Tesla, where Musk is the CEO, solely because of risks posed by the billionaire’sownership and management of Twitter.
“We believe Mr. Musk is increasingly isolated as the steward of Twitter’s finances with his user management on the platform. We see potential for a negative feedback loop from departure of Twitter advertisers and users,” Oppenheimer analyst Colin Rusch wrote to clients.
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Oppenheimer specifically cited Twitter’s decision last week toban several journalists, including 【 - Free Smart Money Stock Analysis 】’s Donie O’Sullivan, as a catalyst for the downgrade.
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“We believe banning journalists without consistent defensible standards or clear communication in an environment where many people believe free speech is at risk is too much for a majority of consumers to continue supporting Mr. Musk/TSLA, particularly people ideologically aligned with climate change mitigation,” Rusch wrote.
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“I think it is in the best interest for Tesla shareholders for Elon to be back at Tesla working full time,” Gerber said onTwitter.
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