Mich. firm 'out of business in three months' if auto tariffs kick inMary Buchzeiger wakes up each day wondering if the Auburn Hills-based auto supplier she's spent years building is on path to earn a billion dollars in annual sales … or spiral into bankruptcy.
Her uncertainty rests on whether President Donald Trump's proposed 25 percent tariff on foreign cars and parts is adopted. If it is, Buchzeiger, 44, will brace for the worst.
“We may have to start all over again and reconfigure the business,” said Buchzeiger, CEO of Lucerne International. “There's going to be some carnage along the way and it's going to be companies like mine that are first to go. We don't have deep pockets.”
Lucerne International sells about $50 million worth of parts it makes each year. It has eight plants in Asia where it fabricates auto parts using steel and aluminum before shipping them back to the U.S. for final production for its various automaker customers, the biggest being Fiat Chrysler.
Lucerne, for example, makes all the hinges on the Jeep Wrangler SUV. That means if Lucerne goes under, FCA may have to find another company to make those hinges, and there aren't very many.
Long-term contracts with its customers block Lucerne from passing its higher raw material costs or tariffs on to them. And Lucerne's profit margins are too thin to absorb the higher costs.
“I can't sell the products for less than what it costs me to produce them, and that's what would happen with the tariffs,” Buchzeiger said. “We'd be out of business in three months.”
Growing up carsLucerne has considered opening a U.S. manufacturing plant to lower its reliance on Asian imports, Buchzeiger said. But those plans are on hold because the company's future is in question, she said.
The postponed plant would have created about 125 full-time jobs, she said, although with the low U.S. unemployment rate there are few skilled trade workers available to hire to ramp up production to fulfill orders.
Buchzeiger is intimately familiar with the complexities of the automotive supply chain. She grew up in Ortonville and her family was deeply rooted in the car business. She started working in it when she was a kid and her father quit his purchasing manager job at General Motors in 1984 to start Lucerne International.
“My parents couldn't afford day care, so I went to work with them over the summers,” Buchzeiger said.
Her parents had a small plant in Pontiac and Buchzeiger said, “I was driving a forklift truck at age 13. I've always been around the business and I've always worked.”
In her 20s, Buchzeiger moved to East Lansing intent on going to Michigan State University. Instead, she started a marketing company there producing menus for bars and restaurants. She graduated from Lawrence Technological University in Southfield in 2000 with a bachelor of science in industrial operations. She went to work for Lucerne, which had about $2 million in annual sales at that time.
After working her way though the company, in 2005, she recognized that Lucerne needed to expand its presence in Asia.
“In 2003, 2004 and 2005 we started to see all our products move offshore, so it was sink or swim,” Buchzeiger said. “It was a good time to open our doors, get on a plane and make some things happen on the other side of the world.”
She bought the company from her father in 2015. It had $12 million in annual sales and had 14 employees at the time.
Going gangbustersOver the past three years, Lucerne's business has been “gangbusters,” Buchzeiger said.
“We were growing significantly. We are at just under $50 million in sales and 46 employees,” Buchzeiger said.
Fourteen of those employees are in Asia and one is in Europe. The company's goal is to hit $1 billion in annual sales in nine years, she said.
That's why it became critical to protest Trump’s first round of tariffs on Chinese products, because 90 percent of Lucerne’s revenue was tied to products that fell under that provision. Namely, the hinges used on the Wrangler, which is assembled in Ohio.
Trump's tariffs on Chinese goods, including autos and parts, under Section 301 of the Trade Act of 1974, are separate from the Commerce Department investigation of whether cars and parts made elsewhere are a threat to national defense and therefor eligible for new tariffs under Section 232.
Read more:
Tariff hearing: Tax would cut U.S. jobs
Automakers: Trump tariffs would cost consumers
“The Jeep Wrangler is half my business. It's $25 million in sales, and that is 25 percent tariff, so it's a huge increase in price,” Buchzeiger said.
Buchzeiger and her leadership team waged a campaign to win an exemption. “I went to Washington and testified,” she said.
It worked; the administration removed Lucerne's product codes from the tariff list.
“That was a small victory,” Buchzeiger said. “The new threat is the rest of the tariffs. The 301 is just China. Now they have another list and pretty much everything else we make in Asia is effected by that.”
Many of her contracts are negotiated for longer terms, so if Lucerne faces rising costs to do business, it cannot charge more for its parts.
“There's no caveat for tariffs. They're watertight. You cannot come in and raise your prices,” Buchzeiger said. “People don't understand the intricacy of the supply chain. We produce those hinges at eight different facilities in China and Taiwan, then they come into Michigan before being shipped to Ohio. The bigger suppliers have deeper pockets and can absorb costs and move things around. The smaller ones can't. It'll be bigger than 2008 when we crash.”
'A holy mess' Buchzeiger did not travel to Washington to testify against the proposed 232 tariffs, but submitted written testimony about the possible impact on Lucerne. She said, “I feel like we're fighting for the entire industry.”
Buchzeiger said Trump's proposed 232 tariffs will make the U.S. automotive industry much less competitive with auto companies around the world.
“It's going to crush our race for autonomous vehicles and for future vehicles,” she said. “We're going to lose.”
Lawyer Catherine Karol at Butzel Long in Detroit said her supplier clients are being hurt by the 301 tariffs already in place. Butzel Long represents more than 3,500 clients globally, about a third of which are in the car business, almost exclusively suppliers, she said.
“It's dire for some of these smaller suppliers,” said Karol. “They are looking at possibly shutting their doors. They're getting choked.”
Ultimately, the increased costs will be passed onto consumers, Karol said.
“Auto parts suppliers are getting hit in all directions: Steel, aluminum … it will just keep growing,” Karol said. “Their heads are spinning. Then when you propose the 232 tariffs on the auto parts … the way the global supply chain is set up, parts go back and forth numerous times no matter where the vehicle is assembled, so that one will be a holy mess in addition to the tariffs already impacting these suppliers.”
GM, Toyota warn of job cuts over auto tariffs
Scrambling for a solutionBuchzeiger said she understands the motive behind the Trump administration proposing the tariffs: Bring manufacturing jobs back to the U.S. That's harder than it sounds, she said. For one thing, when she investigated producing parts here, she could not find an existing plant with the capacity to build the volume of parts she needed.
Already, Lucerne has taken about a 20 percent hit on its parts sales to BMW. That's because China raised the import tax on cars from the U.S. to 40 percent in retaliation for Trump's higher tariffs on Chinese goods.
BMW builds SUVs in Spartanburg, South Carolina, and exports them to 140 countries, including China. BMW has scaled back the number of cars it plans to sell in China now because of the tariff. Therefore, it is ordering fewer parts from Lucerne, she said.
Besides the financial hit, the tariff issue has been an overall distraction to business, Buchzeiger said.
“We've wasted so many resources on dealing with these tariffs and rather than me spending my time running my business and doing what I'm good at, I am spending time in Washington and addressing this issue,” Buchzeiger said. “Other companies have told me they've had to pull (people) off their regular jobs and put teams together to address these tariffs.”
She said a supplier she knows sold one of his divisions because he needed to get out from under the tariffs and change up the company's operations.
“I want to keep growing and bring manufacturing back to the U.S., but we need time,” Buchzeiger said. “I can't even fill my open spots right now because of the low unemployment rate. There is a shortage of skilled trades. I don't have people to put in a plant, so it's a compound issue.”
So Buchzeiger will continue to forge forward and devise a contingency plan in the hopes of securing Lucerne's future. She said before she has to lay off any of her employees, she would first cut back on some of the community programs Lucerne sponsors. And she will continue to lobby Washington.
“It's my duty to stand up and speak out,” Buchzeiger said. “I'm always a glass is half full kind of person, so I know there's a future. The size of it? I'm unsure of and we're looking at what we can do so that we don't have to lay one person off.”
Contact Jamie L. LaReau at 313-222-2149 or jlareau@freepress.com
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Tag: People
A low-cost Tesla car? Elon Musk talks about tech (without turmoil) on YouTube
[embedded content] On the heels of Elon Musk’s angst-filled, market-moving interview with The New York Times, YouTube techie Marques Brownlee offered up lighter, brighter fare from a one-on-one chat with the Tesla CEO at his electric-car factory in Fremont, Calif. Musk discussed the wonky side of vehicle production and the prospects for building cars in… Continue reading A low-cost Tesla car? Elon Musk talks about tech (without turmoil) on YouTube
Elon Musk says Tesla could produce $25,000 car in ‘maybe’ 3 years, but cites industry challenges
Yuriko Nakao | Bloomberg | Getty Images
Elon Musk, co-founder and chief executive officer of Tesla
Elon Musk suggested it could take Tesla “maybe” three years to come up with a low-cost version of a car, even as he admitted it was “really tough” to do given the auto sector's economics and competition.
Amid recent turmoil surrounding Musk's stated goal to take Tesla private, the CEO sat for an interview with YouTuber Marques Brownlee to discuss the future of electric cars. Musk explained that Tesla's comparatively smaller scale made it hard to compete against major producers like General Motors or Ford, given their massive scale in an “insanely competitive industry.”
Musk told Brownlee that Tesla was “really focused on making cars more affordable, which is really tough. In order to make cars more affordable, you need high volume and economies of scale,” he said. When asked if Tesla could eventually make a cheaper vehicle with higher quality, Musk responded in the affirmative.
“I think in order for us to get up to…a 25,000 car, that's something we can do,” he said. “But if we work really hard I think maybe we can do that in about 3 years,” Musk added, saying it depended on both time and scale. He compared car making to the early years of the cellphone, which were bulky and lacked functionality.
“With each successive design iteration, you can add more things, you can figure out better ways to produce it, so it gets better and cheaper,” Musk said. With “natural progression of any new technology, it takes multiple versions and large volume to make it more affordable.”
Currently one of the top trade-ins for a Tesla Model 3 is a Toyota Prius, according to statements Musk made during an August earnings call. The Prius, which starts at $23,475, is roughly half the cost of the $49,000 Model 3 starting price.
Musk boasted that Tesla shells out virtually nothing on advertising and endorsements, and relies heavily on word of mouth.
“Where I put all the money into and all the attention into is trying to make the product as compelling as possible,” Musk says. The key to selling a product is having something people love and will talk about, he added.
“If you love it, you're going to talk and that generates word of mouth,” he told Brownlee. That's Tesla's business model: rely mainly on word-of-mouth. The company isn't spending on advertising, according to Musk. And no discounts. Musk said even he pays full retail price on his Tesla cars.
Musk's sit-down was published on YouTube in the wake of an unusually personal New York Times interview, in which Musk displayed rare moments of emotion as he described the pressures of meeting a recent Model 3 production milestone. The bombshell report sent Tesla's stock reeling in Friday's trading, and laid bare concerns among Tesla board members about Musk.
The NYT article landed at a turbulent time for the electric carmaker. Musk upped the ante in his battle against investors betting against Tesla's stock, tweeting recently that he had “funding secured” to take Tesla private at $420 per share. That sent shares soaring, and ultimately prompted the SEC to open a probe, according to reports.
Correction: This version corrects the spelling of Tesla's name.
VW’s CEO was told about emissions software months before scandal: Der Spiegel
FRANKFURT (Reuters) – Volkswagen (VOWG_p.DE) Chief Executive Herbert Diess was told about the existence of cheating software in cars two months before regulators blew the whistle on a multi-billion exhaust emissions scandal, German magazine Der Spiegel said. Herbert Diess, Volkswagen’s new CEO, speaks during the Volkswagen Group’s annual general meeting in Berlin, Germany, May 3,… Continue reading VW’s CEO was told about emissions software months before scandal: Der Spiegel
Ford’s Corktown campus cost: $740M
Ford’s Corktown campus cost: $740MFord's new beginning for the old train station FullscreenPosted!A link has been posted to your Facebook feed.
Buy PhotoFord Executive Chairman Bill Ford Jr. stands in the lobby of the former Michigan Central Depot train station in Detroit, June 14, 2018. Ford Motor Co.'s purchase of the building and several others in Corktown will allow the automaker to build a new mobility corridor along Michigan Avenue, from Corktown to its facilities in Dearborn, Willow Run and the University of Michigan campus.Buy PhotoFullscreenBuy Photo”It's not just a building,” Ford Executive Chairman Bill Ford Jr. told The Detroit News in an interview. “It's an amazing building, but it's about all the connections to Detroit, to the suburbs, and the vision around developing the next generation of transportation.”Buy PhotoFullscreenBuy PhotoMichigan Central Depot would attract new employees to develop the mobility, autonomy and electrification technologies billed as the biggest disruptors to the auto industry since Henry Ford began making Model T's for the masses. A view of the Detroit skyline from the top floor of the Michigan Central Depot train station.Buy PhotoFullscreenBuy PhotoThe Corktown outpost is meant to supplement Ford's work on its Dearborn campus, and it will use a portion of the undisclosed dollar amount Ford set aside in 2016 to accomplish that redesign. The lobby of the Michigan Central Depot train station.Buy PhotoFullscreenBuy Photo”It's not just a building,” said Ford Executive Chairman Bill Ford Jr., standing in the depot's atrium. “It's an amazing building, but it's about all the connections to Detroit, to the suburbs, and the vision around developing the next generation of transportation.”Buy PhotoFullscreenBuy PhotoA hallway leads to the lobby. Ford expects the building to attract new employees to develop the mobility, autonomy and electrification technologies important for its future.Buy PhotoFullscreenAn artist's rendering shows a market for fresh produce in the atrium space.FullscreenBuy PhotoThe ground floor lobby of the 18-story, 500,000-square-foot building would be open to the public. That space could house markets, coffee shops, restaurants, retail and gathering spaces. A hotel or residential component also is being considered.Buy PhotoFullscreenBuy PhotoFord's plan for the depot is currently an outline. Bill Ford Jr. envisions a bustling public space akin to San Francisco's Ferry Building Marketplace.Buy PhotoFullscreenIn addition to the train station, above, Ford has purchased these Corktown properties: The Factory, 1907 Michigan Ave.; the old book depository, 2231 Dalzelle St.; and vacant land adjacent to PAL complex.FullscreenA rendering imagines the ground floor of the old Michigan Central Depot as a public space with retail, restaurants and gathering spaces.FullscreenBuy Photo”One thing I don't want to do is take a beautiful building and put something that's garish on there,” Bill Ford Jr. said. ”
“We don't want to be isolated and we don't want to be seen as taking over the community by any means.”Buy PhotoFullscreenBuy PhotoA small fraction of the company's Dearborn workforce would move into the station, with all but Ford's electrification and autonomous driving teams remaining in Dearborn to occupy the sprawling, estimated $1 billion campus redesign there slated for completion in the mid-2020s.Buy PhotoFullscreenBuy PhotoRoughly a third of the renovation cost would be comped by tax breaks for the historic restoration of the depot. Ford, the city, and the former owners of the building have declined comment on the purchase price or how much Ford will spend on the renovation.Buy PhotoFullscreenBuy PhotoA small fraction of the company's Dearborn workforce would move into the station, with all but Ford's electrification and autonomous driving teams remaining in Dearborn to occupy the sprawling, estimated $1 billion campus redesign there slated for completion in the mid-2020s.Buy PhotoFullscreenBuy PhotoWhile the public space would occupy the 300,000 square feet on the ground floor of the station and other Corktown properties, 2,500 Ford employees and 2,500 partner employees would occupy the remaining 900,000 square feet come 2022. This is the top floor.Buy PhotoFullscreenBuy PhotoFord CEO Jim Hackett said the Corktown outpost will give Ford's teams access to a true urban landscape in which to test autonomous technology and how those vehicles will need to communicate with traffic systems, delivery destinations and other infrastructure.Buy PhotoFullscreenBuy PhotoHackett said the Corktown project won't cost Ford any more than the estimated $1 billion it budgeted for the Dearborn transformation plan. Money for the Corktown outpost came out of that original budget. Above, a stairwell on the top floor of the Michigan Central Depot.Buy PhotoFullscreenBuy PhotoThe ticket booths used to occupy this space in the Michigan Central Depot.Buy PhotoFullscreenBuy PhotoFord will announce officially on June 19 its plans for the building, followed by a party in Roosevelt Park in front of the long-vacant building.Buy PhotoFullscreenBuy PhotoWorkers prepare for Ford's press conference Tuesday, June 19, to talk about their purchase of the train station.Buy PhotoFullscreenBuy PhotoLighting crews work in the lobby to prepare for the Tuesday, June 19 press conference.Buy PhotoFullscreenBuy Photo”This is our home,” Bill Ford Jr. said during an interview in Ford World Headquarters in Dearborn. “We're not leaving by any means. By the end of this we'll have a large multiple of employees in Dearborn versus Detroit.” Bill Ford Jr., chairman of Ford Motor Company, speaks about the purchase of the Michigan Train from the Moroun family during an interview from Ford World Headquarters in Dearborn on Thursday, June 14, 2018.Buy PhotoFullscreenBuy PhotoReviving the depot and establishing Corktown on that mobility corridor will require tax incentives to renovate the building at its heart, according to Bill Ford Jr. A stairwell on the top floor.Buy PhotoFullscreenBuy PhotoBill Ford said the depot restoration price “dwarfs the purchase price.” Workers prepare for Ford's press conference to celebrate their purchase of the train station.Buy PhotoFullscreenBuy Photo”This is an exclamation point” for Detroit's resurgence,” Bill Ford Jr. said. “Ford and Detroit have seen good times, we've seen bad times, and this is a tough region. We've been through it together. This is an authentic move for the city and for us. Frankly, it's where it all began.”Buy PhotoFullscreenReplay1 of 262 of 263 of 264 of 265 of 266 of 267 of 268 of 269 of 2610 of 2611 of 2612 of 2613 of 2614 of 2615 of 2616 of 2617 of 2618 of 2619 of 2620 of 2621 of 2622 of 2623 of 2624 of 2625 of 2626 of 26AutoplayShow ThumbnailsShow CaptionsFord Motor Co. plans to spend as much as $740 million on its planned 1.2 million-square-foot Corktown campus, company officials announced Tuesday night.
The automaker said it expects to seek $250 million over 34 years through local, state, federal tax incentives to offset the cost, a representative said, as it launches its ambitious plan to revitalize the area, including the derelict Michigan Central Depot.
“We are excited by the opportunities that Ford’s investment in the train station and other key Corktown sites will bring, not only for the larger resurgence of the neighborhood but all of Southeast Michigan, including economic growth, attracting world-class talent and leading the development for the next generation of the automotive industry,” Ford Land said in a statement.
“Given Ford’s investment in the Corktown projects, we are actively working with federal, state and local officials for tax and other incentives to support the development.”
The investment involves five Corktown neighborhood sites, including the building and land purchase as well as expected building exterior and infrastructure rehabilitation costs over the next four years, Ford Land said Tuesday.
The cost estimate was unveiled during a neighborhood advisory council meeting at the International Brotherhood of Electrical Workers No. 58 in Detroit on Tuesday. The panel is slated to work with Ford to create a community benefits agreement.
The city recently released the complete list of area residents appointed to serve on the nine-member neighborhood advisory council. The advisory council members are:
— David Esparza, Nicole Rittenouer, Mike Ransom and Ken Jameson appointed by Planning and Development Department Director Maurice Cox.
— Robin Ussery appointed by Detroit City Council member Raquel Castañeda-López. Previously, City Council President Brenda Jones selected Hubbard-Richard resident Aliyah Sabree, a judge in the 36th District Court.
— Councilwoman Janee Ayers chose Sheila Cockrel, a Corktown resident and former member of the city council.
–The community voted for Jerry Paffendorf, co-owner of Loveland Technologies, and Heather McKeon, an interior designer with Patrick Thompson Design.
Upcoming advisory council meetings are scheduled for Aug. 27, Sept. 10 and Sept. 17.
Ford has been working to collect comments on its plans restore the iconic Michigan Central Station building, which the company expects to occupy by 2022, as well as parts of the surrounding Corktown neighborhood.
Ford said the 500,000-square-foot, 18-story train station will anchor a campus for the company's self-driving, electric car and alternative transportation teams, as well as the automaker's partners.
The Dearborn automaker is bringing 2,500 people from its autonomous technology and electrification departments to Corktown; another 2,500 employees are arriving from startups and other partner companies.
The company expects to occupy the long-vacant depot by 2022.
During a community meeting l..
Zero DSR electric motorcycle is wickedly quick
Zero DSR electric motorcycle is wickedly quickBring on the hate mail: I love electric motorcycles.
I love their power, their torque and their stealthy silence. I love their ease of operation and their low cost of maintenance.
Although I am not alone in this, I don’t have a lot of company. Resistance to electric motorcycles is fierce.
Detractors — many of whom have not actually ridden the battery-powered machines — describe themselves as dyed-in-the-wool enthusiasts who live for the roar and rumble of a big internal combustion engine. They love the smell of the gas, the sound of the pipes and the sensation of pulsing vibration between their legs.
But they also have practical objections to electrification. Battery bikes cost too much, recharge too slowly and have insufficient range, they say. Some riders even believe electric motorcycles are more dangerous than their gasoline counterparts, because they don’t make enough noise to be heard by nearby motorists.
For two months this year I used a Zero DSR electric motorcycle as my main commuter vehicle. The experience deepened my appreciation for battery-powered transportation, and my admiration for the Zero line. But it also taught me that electric bikes aren’t for every rider, or for every ride. Even a state-of-the-art bike like the DSR could not satisfy all of a dedicated biker’s needs.
The DSR is Zero’s top model, and the company is right to be proud of it. Wickedly quick off the line, delivering spookily seamless power, the bike feels like a magic carpet ride that violates the laws of thermodynamics.
The electric battery delivers 70 horsepower and 116 pound-feet of torque on a bike that weighs about 450 pounds. That seems high, but the absence of any rotating mass — no pistons, no flywheel, no clutch — makes the bike feel almost weightless when it’s on the move. Zero says the bike will hit a top speed of 102 miles per hour.
Zero has improved its braking and suspension systems, bringing them into line with modern sport bikes. The DSR is fitted with a Bosch ABS that uses J. Juan calipers, and Showa suspension at both ends. The 17-inch rear and 19-inch front wheels wear Pirelli MT-60 tires. The combination makes the DSR feel playful but firmly planted.
Since there is no clutch or gear shift lever, operation is a breeze. Just twist the throttle and go. And because the DSR burns no fuel, requires no lubrication and is driven by a carbon belt instead of a metal chain, there is virtually no maintenance.
Riding without noise, heat or vibration is strangely liberating. Without those things occupying the senses, I feel like I can hear more, see more and even smell more than when I ride a traditional bike.
One night on the DSR I became concerned about a squeaky sound accompanying my ride up a Hollywood canyon road that I’d ridden dozens of times before. I finally pulled over, worried that I had a bad bearing or a defective belt. Only when I stopped did I realize I was hearing frogs and crickets from a nearby creek.
Commuting, I felt confident in traffic and comfortable lane-splitting on the freeway. Somehow the DSR felt lighter, more nimble and even thinner than my other motorcycles — though in reality it is not. I found that, when I needed to run an errand and had the option of the DSR or another bike, I almost invariably chose the DSR. It just seemed simpler, somehow.
The exception? Longer rides. Zero boasts that the DSR, fitted with the optional Power Tank accessory, can go 220 city miles or 110 freeway miles on a single battery charge.
That was not my experience, and will probably not be the experience of anyone who does not ride this kind of bike very conservatively. Though I didn’t drain the battery down to its last bit of juice, my range would have been something more like half what Zero advertises.
Granted, I was really enjoying the terrific torque and acceleration, which meant I was riding at the rate of about 120 miles to the tank, with mixed city and highway riding.
Zero boasts, too, that the DSR, when fitted with the necessary fast-charging hardware, can be refueled in as little as two hours, at the rate of 103 riding miles per charging hour.
Because I was commuting, I didn’t test that. But arriving home in the evening, plugging the DSR into a standard household outlet, I observed recharge rates of about 6 to 8 riding miles per hour. Plugging in overnight, I always got up the next morning to a full tank, with plenty of juice to get me where I needed to go.
But that meant a day ride to Big Bear, or even a spirited run up the Angeles Crest Highway to Newcomb’s Ranch or Wrightwood, was problematic. I could get there all right, but would I find a place to plug in, and how long would it take to recharge sufficiently to get home? I took a gas-powered bike on those jaunts.
Zero puts the cost of charging its electric bikes at $1.50 to $2 per tank, and says some of its machines get the fuel efficiency equivalent of 403 miles per gallon. Studies have shown that the cost of owning and operating an electric motorcycle may make it cheaper than comparable gas-powered bikes.
But the cost of entry is steep. Zero’s least expensive machines start as low as $8,495. The basic DSR starts at $10,995. The model I rode, outfitted with a variety of options, would retail well above that, at just above $19,000, before tax, license and delivery.
Some government incentives would offset that, and could include a federal tax credit of up to $1,500 and a California state rebate of $900.
There will still be those who, until they ride one, will view electric bikes as a passing fad. If so, they’re passing in good company.
BMW, Yamaha and others have put substantial resources behind their electric scooter programs. Alta Motors’ motocross bikes are beating internal combustion machines wherever they’re allowed to compete. And Harley-Davidson, which recently made a substantial investment in Alta, is coming to market with its electric LiveWire superbike and half a dozen other new electric machines.
The future isn’t coming. It’s here.
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Could Musk's tweet about taking Tesla private lead to legal trouble?
Could Musk's tweet about taking Tesla private lead to legal trouble?Nine words tweeted by Tesla CEO Elon Musk Tuesday afternoon raised questions for the outspoken auto executive.
At 12:48 p.m. Musk tweeted: “Am considering taking Tesla private at $420. Funding secured.”
The tweet caused a stir in the stock market. Tesla shares spiked 11 percent to close at $379.57 after trading was halted for part of the afternoon while investors awaited clarification. The stock's record high was $389.61 on Sept. 18, 2017.
But the tweet could be in violation of state and federal laws, said a former federal prosecutor.
“You’re not allowed to issue misleading information that investors could act on, and it looks like investors acted on it,” said Peter Henning, a professor at Wayne State University Law School specializing in securities law.
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Legally, shareholders could sue Musk for a breach of fiduciary responsibility, said Henning. If the tweet gives an impression that Musk is trying to “stampede the board,” that’s a violation of state fiduciary duty of directors, Henning said.
“You’re not allowed to strong-arm the directors, even if you are a 20 percent stakeholder” as Musk is, Henning said.
If the Securities and Exchange Commission believes Musk's tweet misled shareholders, the SEC could deem it a violation of anti-fraud prohibition in the federal securities law, said Henning.
“I suspect the corporate lawyers are scrambling right now and hoping the SEC doesn’t go after him and the company, because it could be viewed as a statement from Tesla,” said Henning. “If it misleads investors, the SEC can bring a case even if no one’s been harmed.”
The SEC in 2013 did say that companies can use social media such as Facebook and Twitter to announce key information so long as investors have been alerted about which social media will be used to disseminate the information.
Musk offered some clarification to his tweet later, saying the “only reason why this is not certain is that it’s contingent on a shareholder vote.”
Musk, whose tweets initially caused confusion as some investors questioned whether he had been hacked, later confirmed his thinking through Tesla's official website.
“I think this is the best path forward,” he said in an email to employees, further clarifying that “a final decision has not yet been made, but the reason for doing this is all about creating the environment for Tesla to operate best.”
The explanation could have been late, said Henning. Corporate governance requires a company officer to first notify the board of directors of any deals, then negotiate a deal with the board.
“The tweet is potentially misleading. It didn’t give the kind of details that shareholders would want. The key detail being that it’s not a done deal. It sounded like, 'We’ve got the financing and we’re done.' That’s not how it works.”
He added, “If an analyst said, 'Musk should take the company private,' people would shrug their shoulders. It’s much different when the CEO says it. The law is protective of shareholders. You have to get them the best deal, and whether $420 is a fair price or not? We don’t know.”
Contact Jamie L. LaReau at 313-222-2149 or jlareau@freepress.com. Nathan Bomey of USA Today contributed to this report.
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Pace Of Battery Development May Leave Latest Tech In The Dust
53 M BY DOMENICK YONEY To the victors go the spoils We hear about improvements in battery technology pretty regularly, and no wonder. With the potential for a superior chemistry to result in billions of dollars of revenue, teams around the world — in commercial enterprises and universities alike — are hard at work trying to create… Continue reading Pace Of Battery Development May Leave Latest Tech In The Dust
Elon Musk Details ‘Excruciating’ Personal Toll of Tesla Turmoil
Elon Musk was at home in Los Angeles, struggling to maintain his composure. “This past year has been the most difficult and painful year of my career,” he said. “It was excruciating.” The year has only gotten more intense for Mr. Musk, the chairman and chief executive of the electric-car maker Tesla, since he abruptly… Continue reading Elon Musk Details ‘Excruciating’ Personal Toll of Tesla Turmoil
PROTON AFTER SALES SERVICE COMPETITION REWARDING SKILLED TALENTS
Kota Kinabalu, 15 August 2018 – PROTON After Sales Service Competition 2018 (“the Competition”) is a platform for all after sales personnel around the country to showcase their ability and quality of work in handling customers’ cars. As part of PROTON’s talent management and development initiatives, winners will be rewarded with cash prizes and incentive trip to Shanghai, China worth RM50, 000.
For pre-qualifying round in East Malaysia, participants from PROTON dealers and branches in Sabah and Sarawak were tested to prove their skills, speed and accuracy in their area of expertise.
Sharpening Skills for First Proton SUV and Future Models
“Throughout the Competition, our technicians will compete against each other, helping them to sharpen their skills. Ultimately, this assists to build the quality of our after sales services and take it to a higher level to be on par with global standards. We believe our after sales service personnel are ready to receive the coming of the first Proton..