FT : Volkswagen’s chief battles to keep electric dream alive

Volkswagen’s chief battles to keep electric dream alive
Herbert Diess seeks to secure backing of unions and shareholders in drive to be electric heavyweight

As European governments combat a resurgent pandemic, the chief executive of Volkswagen, the world’s largest carmaker, is fighting his own battle.

Since taking the top job in 2018, Herbert Diess has been driven by a fear that the German group will be left behind as the era of the combustion engine gives way to that of the electric vehicle.

“Many of our differentiators, all our knowledge, our actual capabilities, will not be as important any more,” Mr Diess told the FT in an interview at VW’s sprawling headquarters in Wolfsburg.

“This is exactly what happened to Agfa or Kodak” he added, referring to the photography companies upended by the digital revolution. “They knew what was coming, but they still couldn’t change.”

Volkswagen has already pledged to spend €33bn on its electric vehicle business, an investment Mr Diess hopes will eventually triple the company’s market capitalisation to €200bn and secure its future as a heavyweight that can compete against pioneers such as Tesla.


But as the coronavirus crisis threatens to inflict more pain on the car industry, pointing to the complacency of the likes of Kodak may not be enough to persuade everyone — inside and outside VW — that a profitable electric future is within his grasp.

After shutdowns at battery plants this summer delayed deliveries of VW’s first mass-market electric car, the ID.3, and Audi’s e-tron, the group is in danger of missing tough EU emissions targets in 2020, and could be fined hundreds of millions of euros.

Unions have also bristled at the cost cuts needed to pay for the transition, while shareholders worry that recent missteps have weakened the 62-year-old’s leverage in a highly political organisation.

It is a predicament that has even drawn sympathy from Tesla founder Elon Musk, who tweeted last month that Mr Diess was “in a tough position with so many constituencies to please”.

Some of Mr Diess’ woes are self-inflicted. In June, the Bavarian was forced to apologise to VW’s supervisory board, which includes workers’ representatives, after accusing members of being responsible for damaging leaks about software complications with the new Golf model.

He subsequently relinquished control of the VW brand, the largest of the group’s 12 marques, a position he had held since 2015, when he joined the company from rival BMW.

In his office overlooking the Wolfsburg plant, Mr Diess acknowledged the summer’s boardroom drama had led to “scepticism” about his ability to transform VW.

“We have to prove that governance is working” he added. “Is it still hard work to convince all stakeholders; to take them along? Yes, because it’s complex. It’s very unionised. There are different interests within the group.”

He also dismissed suggestions that troubles may flare as VW’s truck subsidiary, MAN, plans to axe 9,500 roles to fund an expansion into electric technology. When the unit’s management tore up an agreement with unions in September, the head of VW’s works council, Bernd Osterloh, warned that the company would be “well advised to not link restructuring with the spectre of unemployment”.

After the turbulence of the early summer, something of a truce has been achieved.

“It seems [Mr Diess] came to terms with how things are run here at VW,” said a person close to the works council, who added that the executive is much more communicative with union bosses. 

But even if relations with the unions improve further, it will do little in the short-term to revive VW’s share price, which has lagged behind European rivals this year.

“VW lost some pace in the last few months,” said Ingo Speich, a portfolio manager at institutional investor Deka, and was engaged in “a power struggle”.


Mr Diess said shareholders should wait a few months before delivering their verdict. “The proof point will be towards the end of this year and into next year when people will see that [the transition is] working, that we can sell the cars, that the demand is there, that we can deliver on our promises” he said.

And VW is pulling ahead of traditional rivals in the electrification race. The group recently overtook the Renault-Nissan alliance to become the largest seller of electrified vehicles in Europe, and is on course to become the largest in the world within a couple of years.

After a slow start, it is also nearing full capacity for production of the ID.3 and is about to launch several more battery models, including its first dedicated electric SUV, the ID.4.

The bigger concern for Mr Diess, however, is to ensure that an electric future for VW is also a lucrative one.

The danger is that electric cars, which contain far fewer parts than combustion engine models, will be commoditised. It is a scenario Mr Diess hopes to combat by owning the valuable customer data generated by vehicles that are ever more automated and connected to the web.

Modern vehicles contain more lines of code than a smartphone, but Volkswagen relies on suppliers for 90 per cent of its models’ software. Unlike rivals such as Daimler, which has partnered with tech giant Nvidia, VW is ploughing €7bn into building a subsidiary with 5,000 staff, tasked with increasing the amount of proprietary software in VW cars six-fold.


Yet competing with Silicon Valley giants, whose cash reserves alone are larger than VW’s entire market value, is not straightforward.

“We have a chance, because the car is really complex and Google can’t do a car today,” Mr Diess said. “Elon [Musk] can make a car, but also with some limitations still. Can we get to his level? Yes, I think so. Many of the people working for West Coast tech companies are Europeans.”

Pursuing his electric and software ambitions is not the fastest route to the €200bn valuation Mr Diess is aiming for. Analysts instead recommend floating a part of lucrative brands such as Porsche.

“VW has such valuable assets, if they were to restructure to a holding model, they could lift so much capital and use it to innovate at such an amazing pace,” said Arndt Ellinghorst, an analyst at Bernstein.

But Mr Diess is aware that such decisions would have to win the approval of the Porsche-Piëch family, who own more than 53 per cent of VW’s voting capital and remain cautious about restructuring the company’s portfolio.

In a year turned upside down by the pandemic, the VW boss also knows he needs to stay focused on keeping the company, whose pre-tax earnings have fallen 85 per cent so far this year, in the black.

“If we can keep the economy running and plants running, we should still be able to deliver a good last quarter,” he said. Amid the crisis, he added, VW is “making progress” in restructuring its internal supply chains, and reducing costs.

“Is it fast enough for the capital markets?” he asked aloud, referring to the electric race VW is running. “Probably not, but, it’s quite fast for Volkswagen.”

FT : Alberto Giacometti sales show the opaque world of high-end auctions

Alberto Giacometti sales show the opaque world of high-end auctions
MCH Group reaches agreement; England locks galleries down again; Ed Sheeran painting up for grabs

Three sculptures by Alberto Giacometti that were sold last week summarise the increasingly complicated and opaque world of high-end auctions. All three lifetime sculptures — “Femme de Venise IV” (cast 1957), “Femme Leoni” (cast 1958) and “Grande Femme I” (1960) — were sold via Sotheby’s on October 27 and 28, but through different channels.

Most straightforward — albeit guaranteed to sell to an unnamed
third-party at an undisclosed price — was “Femme Leoni”, which went within estimate for $22.6m ($25.9m with fees) at a live-streamed sale. “Femme de Venise IV” had been due on the block just before, estimated at $14m-$18m, but was withdrawn because it sold privately just before the public auction — we have no idea why or for how much.

Also unknown is the price of “Grande Femme I”, which Sotheby’s offered
via a confidential, sealed-bid process, familiar to the charity-auction crowd but not normal practice at a leading art auction house. We were told that
the minimum starting bid for this 9ft sculpture was $90m and have
since had its sale confirmed, with no other information.

“The auction business had changed such a lot already, and then again as
a result of Covid,” says New York-based gallerist David Nash, who
worked at Sotheby’s between 1961 and 1996, latterly as its global head
of Impressionist and Modern art. The forced online experience has accentuated “a number of peculiar obscurities”, Nash says, including catalogues no longer being printed — and so withdrawn lots “simply disappear”. There is also no real sense of where the bids are coming from, as viewers are now reliant on the auction house’s cameras and an auctioneer’s persuasive patter. “If, as they say, a million people are now watching, there should be higher standards of transparency,” says Nash.

Art Basel’s owner MCH Group has reached an agreement with its major shareholders to pave the way towards an investment by James Murdoch, through his company Lupa Systems. Under the revised terms, an additional SFr30m ($32.7m) will be raised through a first-tranche share issue, while still preserving shareholders’ proportional ownerships. In the next share issue — valued at SFr74.5m ($81m) — shareholders will have the option to sell to Lupa Systems and the Canton of Basel-Stadt, which has committed to maintain MCH’s institutional shareholding at 33.3 per cent. In return, the investors Erhard Lee and LLB Swiss Investment, who together own about 10 per cent of MCH Group, will drop their legal objections to Murdoch’s investment vehicle owning up to 49 per cent of the business without a public takeover bid.

If shareholders approve the settlement at an extraordinary general meeting, then MCH will have overcome a major hurdle to securing a necessary injection of cash. But, as many countries go into a second lockdown, it could yet prove just a small step in a troubling bigger picture for the exhibitions and events group.


Having reopened from June 15, and with a brief flurry of autumnal activity, England’s commercial galleries had to close again this week, as the country entered a second lockdown. Rakeb Sile, who opened the first overseas branch of Addis Fine Art in London’s Cromwell Place at the end of October, says she had at least a brief opportunity to exhibit Ethiopian Modernist painter Tadesse Mesfin in Europe for the first time. The pandemic, she says, has “taught us all to embrace change and uncertainty with a positive mindset”.

Iwan Wirth, president of Hauser & Wirth, also finds that there are “some fundamental differences” this time. “We anticipated this lockdown and are already digitally resilient,” he says, although he appreciates that the global gallery is fortunate to have options elsewhere, including last week’s openings of exhibitions by George Condo and Jack Whitten in New York (until January 23). However, Wirth says, “Unfortunately, the museums are impacted, and they play a vital role, so this situation is a reminder that we are all part of the same ecosystem.”

Tefaf Online’s strategy of asking its 280 galleries each to show just one work has paid off handsomely for some. Di Donna Galleries sold its “Interior with Woman Standing” (1913), a trademark light-filled painting by the Danish painter Vilhelm Hammershøi, for about $5m. The artwork was bought for $700,000 at Sotheby’s in 2005, since when the Danish artist’s work has been increasingly appreciated, by museums as well as private buyers.

“Focusing on just one work meant we could put a lot of effort into it, which was a good trigger for this sale,” says gallery founder Emmanuel Di Donna. He was among several exhibitors who included a video on their virtual booth — while the antiquities specialist ArtAncient went one further with a corresponding immersive Virtual Reality experience of its Hellenistic bust of Hercules (1st century AD). Their efforts were rewarded when the demigod sculpture — also priced in seven figures — sold to a tech entrepreneur, according to gallery founder Costas Paraskevaides.

Bids are already coming in for the “Ed Sheeran: Made in Suffolk Legacy Auction” to raise money for GeeWizz and Zest, charities that support disabled and incurable children and young adults in East Anglia, where
the English musician grew up. Memorabilia donated by Sheeran and his parents includes the handwritten lyrics for his 2017 hit song “Perfect” (bid at £20,500 at time of writing), a signed and framed ticket and handbill to his first public gig, organised in 2005 when Sheeran was only 14 and tickets cost a mere £3 each (current bid £1,220). There is even Sheeran’s childhood set of Lego (£370).

The 200-plus items also include donations from other celebrities (Shane Warne’s signed Australia floppy white cricket hat, anyone?) and conclude with a painting by Sheeran, “Dab 2” (2020), that the singer describes as “kind of Jackson Pollocky”, while his father John Sheeran says: “It’s like a visual equivalent of one of his upbeat songs.” Bidding for the painting stood at £7,500 by November 4 — which meets its reserve, according to the online catalogue. The auction runs at the-saleroom.com until November 8.

>>> Asian Market Update

Asia tracks US gains, US equity markets ended higher amid positive signs for Biden; Election uncertainty remains, however; Alibaba expected to report earnings; GBP trades modestly lower ahead of BOE, FOMC decision is also due

General Trend:
- Tech firms rise in Hong Kong after over 3.5% gain on the Nasdaq; Alibaba is expected to report earnings after the market close; Geely rises over 6% in Hong Kong [extends recent gains], BYD rises over 10% [OCT NEV sales +84% y/y]; China Oct passenger vehicle sales rose by 10% y/y
- Early gainers in Shanghai included Consumer and Property firms, financials lagged
- Kweichow Moutai’s parent downsized its bond sale
- Japanese equities rise, but sectors trade mixed; Topix Pharma, Information/Communication and Electric Appliances indices rise; Iron/Steel, Bank and Marine Transportation indices are among the decliners; Mitsubishi Motors drops over 5% post earnings
- Japan companies expected to report earnings include Nintendo, Nikon, Eisai, Mitsui Fudosan, Kobe Steel, SUMCO, Suzuki Motor, Showa Denko
- Telecom, Consumer and Financial firms are among the gainers in Australia; Resource and Energy names lag.
- NAB rises over 3% following earnings report
- Offshore Yuan (CNH) declines after gain on Wed
- PBOC is planning to conduct MLF operation based on market demand (Nov 16th)
- RBA is expected to release its quarterly Statement on Monetary Policy (SOMP) on Nov 6th (Friday)
- US companies expected to report earnings during the NY morning include AmerisourceBergen, Becton Dickinson, Bristol-Myers, Cardinal Health, CIGNA, GM, Canada Goose, New York Times, Papa John’s, Regeneron, Teva, Triumph Group, DENTSPLY

***Headlines/Economic Data***
Australia/New Zealand
-ASX 200 opened +0.5%
-(AU) Australia Treasury Sec Kennedy: Slower global GDP growth will drag on Australia; state govt can play a bigger role in recovery, monetary policy support is limited
- NAB.AU Reports FY20 (A$) adj Cash Earnings 4.7B v 3.8Be v 6.4B y/y, Net Op Rev 17.3B v 17.2B y/y
- (AU) China wine anti-dumping duty on Australia wines, that could be as high as 200% and implemented as soon as next week – SCMP
- (AU) Reserve Bank of Australia (RBA) Offers to buy $2.0B in 7-10 year Govt bonds
- (AU) Australia Sept Trade Balance (A$): 5.6B v 3.7Be

Japan
-Nikkei 225 opened +0.3%
- (JP) Japan Oct Final PMI Services: 47.7 v 46.6 prelim (confirms 9th straight contraction); PMI Composite: 48.0 v 46.7 prelim (confirms 9th straight contraction)
- (JP) Bank of Japan (BOJ) announcement related to daily bond buying operation: Raises purchases of 1-3 year and 3-5 year JGBS
- (US) Japan PM Suga: Will meet with China and US leaders if they come to Tokyo Olympics
-(JP) Bank of Japan (BOJ) Gov Kuroda: BOJ ETF Purchases are meant to support the economy and prices; Purchases are not meant to make BOJ a real shareholder or increase stock prices

Korea
-Kospi opened +0.7%
- (KR) North Korea holds meeting of Supreme People's Assembly (not common) – Yonhap
- (KR) South Korea Sept Current Account: $10.2B v $6.6B prior (2-yr high); Balance of Goods (BOP): $12.0B v $7.0B prior
- (KR) Bank of Korea (BOK) official: South Korea current account surplus may hit ~$60.0B in 2020, above the prior projections
- (KR) South Korea Vice Fin Min: Reiterates South Korea will deploy stabilizing measures for the market if needed; FX and Fin Market volatility to be limited

China/Hong Kong
-Hang Seng opened +2.5%; Shanghai Composite opened +0.9%
- JD JDHealth expected to announce $3.0B IPO in Hong Kong as soon as next week - HK press
- (CN) China PBoC Open Market Operation (OMO): Injects CNY30B in 7-day reverse repos v Injects CNY120B in 7-day reverse repos prior; Net drain CNY110B v Net inject CNY0B prior
- (CN) China PBOC sets Yuan reference rate: 6.6895 v 6.6771 prior
- (CN) China PBOC to rollover Medium Term Lending Facility (MLF) due Nov 16th, size to be decided by market demand
- (CN) China President Xi: Global uncertainty has increased; need cooperation to face challenges; Willing to sign more high quality trade agreement with other countries; deepen bilateral trade cooperation (overnight)

Other
- (SG) Singapore Trade Min Chan: Seeing hit from re-imposition of lockdowns in EU; Recovery will be gradual and uneven
-(ID) Indonesia Q3 GDP Q/Q: 5.1% v 5.6%e; Y/Y: -3.5% v -3.2%e (2nd consecutive annual contraction, confirms 1st recession in 20-years)

North America
- (US) FORMER VP BIDEN WINS MICHIGAN AND ITS 16 ELECTORAL VOTES, ACCORDING TO CNN (FLIP)
- COST Reports Oct SSS +14.4% v +11.6%e
- (US) Pennsylvania Gov Wolf: Will be days before ballots are counted
-AAPL Said to be shortage of power chips for iPhone 12 [no specific companies were initially mentioned] - press

Europe
- (UK) Bank of England (BOE) reportedly plans to announce tomorrow £150B of QE, and the bank could go as high as £200B - UK's Sun
- AZN.UK Reportedly has missed target of 30M Covid vaccine doses deliveries to UK by end of Sept, expected to deliver only 4.0M doses - press
- AZN.UK COVID vaccine expected to start clinical trial in China this year - China press

***Levels as of 1:15ET***
- Hang Seng +2.5%; Shanghai Composite +0.8%; Kospi +2.0%; Nikkei225 +1.7%; ASX 200 +1.3%
- Equity Futures: S&P500 +0.7%; Nasdaq100 +1.4%, Dax +0.5%; FTSE100 +0.2%
- EUR 1.1742-1.1711; JPY 104.56-104.22; AUD 0.7189-0.7146; NZD 0.6709-0.6680
- Commodity Futures: Gold +0.6% at $1,908/oz; Crude Oil -1.7% at $38.50/brl; Copper +0.0% at $3.10/lb

>>> After Hours Summary: Busy earnings day -- UPWK +18.1%, QCOM

After Hours Summary: Busy earnings day -- UPWK +18.1%, QCOM +13%, EXPE +5.8%, MTCH +3.3% up on earnings; PING -9.1%, ELF -8.5%, FROG -4%, PAYC -3.9% on downside

After Hours Gainers:

Companies trading higher in after hours in reaction to earnings/guidance: UPWK +18.1%, QCOM +13%, MTW +12.3%, RGNX +9.5%, WK +6.8%, QLYS +6.6%, EXPE +5.8%, ET +5.6%, CRY +5.3%, CCRN +4.6%, DCP +4.1%, LUMN +3.8%, LC +3.6%, MTCH +3.3%, GNW +3.2%, MELI +3.1%, PRGO +3.1%, CHNG +3%, PLUS +2.9%, SJI +2.8%, ALL +2.7%, HOLX +2.4%, RPD +2.4%, JKHY +2.2%, APA +2%, TWO +1.9%, GDDY +1.5%, KGC +1.3%, ORCC +1.3%, TSLX +1.3%, SGMO +1%, VAPO +1%, ALB +0.7%, CXW +0.7%, UHAL +0.7%, FIT +0.6%, MET +0.5%, PRI +0.5%, H +0.4%, DK +0.3%, MTG +0.3%, HR +0.2%, OUT +0.2%, QRVO +0.2%, XEC +0.2%, AEE +0.1%, CLI +0.1%, KAMN +0.1% (also new CEO), LNC +0.1%, NUS +0.1%, QTWO +0.1%, TYL +0.1%, VAC +0.1%, WHD +0.1%

Companies trading higher in after hours in reaction to news: APHA +9.7% (to acquire SweetWater Brewing), JCS +8% (acquired the operating assets of privately held IVDesk), EURN +4.6% (signs extension with North Oil Company), BDSI +3.5% (new CEO; also authorizes new $25 mln share repurchase program), RYTM +2.9% (presents new clinical data on setmelanotide), MGNX +2% (files for $100 mln mixed securities shelf offering), LMPX +0.5% (announces exclusive new vehicle lease/subscription agreement with LTO Holdings), ICE +0.4% (stock offering by selling stockholder in connection with Ellie Mae acquisition), KW +0.2% (expands existing share repurchase program), AVTR +0.1% (commences secondary offering), INSW +0.1% (announces 10-year contract extensions for FSO JVs), TXT +0.1% (awarded $440 mln Navy contract)

After Hours Losers:

Companies trading lower in after hours in reaction to earnings/guidance: LCI -13.9%, BLUE -9.8%, PING -9.1%, ELF -8.5%, INGN -8.1%, CMP -7.4%, OSUR -6.3%, AXNX -5.8%, OLN -5.4%, SGMS -5%, ZNGA -4.8%, FROG -4%, PAYC -3.9%, CF -3.7%, PAAS -2.5%, AWK -2.4%, ACAD -2.3%, CTVA -2.3%, MRO -2.3%, PXD -1.8%, PSTG -1.8%, SUN -1.6%, GDOT -1.1%, PODD -0.8%, CSGS -0.7%, QGEN -0.3%, STAA -0.3%, FNF -0.2%, FTDR -0.2%, KRO -0.2%, VOYA -0.2%, VRSK -0.2%, BRX -0.1%, EPR -0.1%, EXR -0.1%, FNV -0.1%, FOE -0.1%, RDN -0.1%

Companies trading lower in after hours in reaction to news: NEWT -1.1% (reivses 2020-21 annual dividend forecast), STAA -0.3% (announces initial commercialization of EVO Viva presbyopia correcting lens)

Wired : With $200 Million, Uber and Lyft Write Their Own Labor Law

With $200 Million, Uber and Lyft Write Their Own Labor Law
Following a well-funded campaign, California voters approved Proposition 22—allowing gig economy companies to keep treating workers as independent contractors.

UBER, LYFT, DOORDASH, and California’s other gig companies emerged victorious Tuesday night, as voters endorsed a ballot measure that allows them to continue to treat hundreds of thousands of workers as independent contractors. Fifty-eight percent of the state’s voters approved Proposition 22, which repudiated a recent state labor law that would have required the companies to hire their drivers and delivery people as employees—and pay them traditional benefits, including health care, sick pay, and workers’ compensation. With a $200 million campaign, the companies pulled off what once seemed unlikely: reversing the work of state lawmakers and courts, which had sided against Uber and its peers.

Any Californian with eyes, ears, a cell phone number, or a working television likely heard from those pushing Prop 22. The campaign, the most expensive in California history, flooded airwaves with ads and mailboxes with pro-22 mailers. Supporters texted voters with frequency and vim. The companies filled their own apps with campaign-related messaging, prompting a group of Uber drivers to sue the company for coercing them into voting “yes” on the measure. (A state court judge dismissed the case.)

The urgency made sense: The gig companies believed that treating their workers as employees would disrupt the disruptors, driving their already precarious business models over the brink. One Barclays analysis estimated that shifting Uber and Lyft drivers to employee status in California would cost the companies hundreds of millions of dollars annually. The companies had threatened to leave California, or at least temporarily shut down service in the state, if they had lost. Now, gig workers’ independent contractor status in California is near-irreversible. The ballot measure can only be changed by a seven-eighths majority of the state legislature. Uber shares rose by 14 percent Wednesday, and Lyft shares by 12 percent.

The gig companies, which made their names by exploiting legal loopholes and gray areas, have found another way to win. “California is, in some sense, a bellwether for the gig economy,” says Benjamin Sachs, a professor of labor and industry at Harvard Law School. The companies’ willingness to spend big in the state, he says, proves how important the labor fight is to them, and how much they have to lose.

“I am very concerned about what [the Proposition 22 win] portends for the future of work in our country,” says Shannon Liss-Riordan, an attorney who has sued gig companies for labor-related issues in California and elsewhere. “They were able to change the law in a way that suited them and allows them to save labor costs at the expense of working people in this country.”

The California results likely will embolden the gig economy companies to mount similar campaigns in other states and cities where their business model is at risk. In a statement, Lyft spokesperson CJ Macklin called the ballot measure “a groundbreaking step toward the creation of a ‘third way,’” a reference to workers who aren’t quite employees and aren’t quite independent contractors, either. Uber CEO Dara Khosrowshahi advocated for a “third way” in a New York Times op-ed published in August, and successfully lobbied the White House earlier this year to include gig workers in coronavirus relief funds.

Proposition 22’s “third way” does not qualify gig workers for traditional benefits like sick pay, unemployment insurance, or paid family leave. But it will provide a new health care subsidy for those who work a certain number hours, some accident insurance and workers’ compensation, and 120 percent of the minimum wage for the time they spend completing tasks for the companies. That doesn’t include the time workers spend signed in and waiting for a job, which, for Uber drivers, can account for more than 30 percent of the miles they drive while signed on to work.

At the federal level, Congress could enact some kind of “third way” law—or mandate a stricter independent contractor test. The US Labor Department could also play a role in determining who gets treated as an independent contractor, and who as an employee. The Trump administration signaled last month that it’s considering more employer-friendly classification rules. Labor advocates say that reordering the country’s labor regime may prove a slippery slope. Companies are more likely to “downgrade” employees to quasi-independent contractor status than “upgrade” independent contractors, says Sachs, the law professor. That would make it harder for American workers to access benefits and protections.

“My hope is what happened in California yesterday is a real wakeup call,” says Liss-Riordan, the attorney.

Other states appear to be gearing up for their own fights over gig workers. Massachusetts sued Uber and Lyft in July, alleging the companies are breaking the law by not treating their drivers as employees there. At least four other states use the “ABC test” to determine whether workers are contractors or employees, which California adopted this year but will now no longer apply to gig workers. According to the test, workers are only independent contractors if they’re not under direct control of the company they work for, performing work “outside the usual course” of the company’s business, and performing the same kind of work for other companies.

Labor advocates are trying to stay optimistic, despite Tuesday’s loss. Organizing gig workers has always posed a challenge—workers churn in and out of gig work and don’t share a common workplace. One recent study of Washington, DC, Uber drivers found that a third don’t know any other current or former Uber drivers. Katie Wells, an author of that study and a Georgetown University geographer who studies the lives of Uber drivers, says Prop 22 is evidence that the gig worker organizers have made great strides in the last few years. “The fact that these companies had to spend $200 million to defeat a law—that says something,” she says.

NY Post : French Muslims call for removal of ‘Borat’ bus posters in Paris

French Muslims call for removal of ‘Borat’ bus posters in Paris

Risqué posters for the new “Borat” flick have sparked outrage among French Muslims who have called for the images to be removed from the sides of buses in Paris.

The posters to promote “Borat Subsequent Moviefilm” feature a nearly naked Sacha Baron Cohen wearing only a medical mask around his genitals and a ring with the word “Allah” written in Arabic.

Critics have called on the city’s transportation authority to remove the advertisements because they insult the religion of Islam.

The largely Muslim bus drivers in the region have also ripped the movie’s campaign and called for the posters to be taken down, French media reported.

Meanwhile, the campaign has been slammed on social media as “offensive,” “provocative” and “lacking respect,” The Sun reported, citing Le Parisien.

Paris’ main public transport network RATP has refused to remove the posters, saying it would “under no circumstances” take this campaign off our network, Le Parisien reported.

However, the movie advertisement has been removed from buses on TICE network, which cover Evry, a southern suburb with a large Muslim population, the Daily Mail reported.

Still, RATP denied it had taken down the posters out of concern for the Muslim community, and claimed that the decision was made because “their offbeat humor was judged by the TICE management to be inappropriate,” according to the news outlet.

>>> US Close Dow +1.34% S&P +2.20% Nasdaq +3.85% Russell +0.05%

Closing Stock Market Summary

The S&P 500 rallied 2.2% on Wednesday, as the prospect of a divided Congress appeared to outweigh the fact that there was no presidential winner announced. The Nasdaq Composite rallied 3.9% amid strength in its mega-cap/growth components. The Dow Jones Industrial Average gained 1.3% while the Russell 2000 increased just 0.1%. 

The votes were still being counted by the market close, but the consensus was that the Democrats would retain majority in the House and the Republicans would retain majority in the Senate. Presumably, there were expectations that a massive stimulus bill, an increase in the capital gains tax rate, or a Medicare for All public option would not pass in Congress. 

Furthermore, the presidential outcome uncertainty threatens to delay a potentially smaller-than-hoped stimulus deal, although Senate Majority Leader McConnell said a stimulus package should be passed by the end of the year. A delayed/smaller stimulus deal could mean a slower economic recovery, which would benefit growth stocks over cyclical stocks. 

Accordingly, the health care (+4.5%), communication services (+4.3%), information technology (+3.8%), and consumer discretionary (+3.1%) sectors did the heavy lifting, while the materials (-1.7%), utilities (-1.6%), financials (-1.3%), and industrials (-1.0%) sectors closed sharply lower.

Longer-dated Treasuries rallied alongside the growth-oriented stocks amid the recovery concerns and election uncertainty. The resulting curve-flattening activity was a headwind for the banks due to the possibility of reduced net interest income. The SPDR S&P Bank ETF (KBE 33.08, -1.88, -5.4%) dropped 5.4%. 

The 2-yr yield declined one basis point to 0.15%, and the 10-yr yield declined 11 basis points to 0.77%. The U.S. Dollar Index declined 0.1% to 93.49. WTI crude futures rose 4.1%, or $1.54, to $39.16/bbl.

Separately, shares of Uber (UBER 40.99, +5.22, +14.6%) and Lyft (LYFT 29.19, +2.96, +11.3%) jumped after California voters passed Proposition 22, allowing app-based drivers to be classified as contractors instead of employees. Biogen (BIIB 355.63, +108.62, +44.0%) surged 44% after the FDA published a positive report on the company's Alzheimer's drug. 

Note, former Vice President Joe Biden led President Trump 237-214 in the delegate count as of 4:00 p.m. ET, according to The New York Times. Risk sentiment might have tempered in the afternoon for any surprises tonight or tomorrow. 

Reviewing Wednesday's economic data:

  • The ISM Non-Manufacturing Index for October checked in at 56.6% (consensus 57.3%), versus 57.8% in September. October marked the fifth straight reading above 50.0% -- the dividing line between expansion and contraction -- but it was the lowest reading since May.
    • The key takeaway from the report is that it points to an ongoing expansion in the services sector, albeit at a somewhat slower pace than the prior month.
  • The trade deficit for September narrowed to $63.9 billion (consensus -$64.4 billion) from $67.0 billion in August, as export growth ($4.4 billion) outpaced import growth ($1.2 billion). The key takeaway from the report is that global trade activity improved, evidenced by the uptick in both exports and imports in September, yet that improvement belies the major hit to global trade activity amid the pandemic, evidenced by the fact that exports decreased 17.4% year-to-date to $329.0 billion while imports decreased 12.4% to $290.4 billion.
  • The weekly MBA Mortgage Applications Index decreased 3.8% following a 1.7% increase in the prior week.
  • The ADP Employment Change report for October estimated 365,000 jobs were added to private-sector payrolls (consensus 600,000). The September reading was revised higher to 753,000 from 749,000.

Looking ahead, investors will receive the weekly Initial and Continuing Claims report, the FOMC Rate Decision, and preliminary Q3 Productivity and Unit Labor Costs on Thursday.

  • Nasdaq Composite +29.2% YTD
  • S&P 500 +3.6% YTD
  • Dow Jones Industrial Average -2.4% YTD
  • Russell 2000 -3.2% YTD

WSJ : Elon Musk, Once a Washington Outsider, Courts Military Business

Elon Musk, Once a Washington Outsider, Courts Military Business
The entrepreneur’s SpaceX company has amassed billions of dollars in orders, becoming a threat to Boeing and Lockheed Martin

Elon Musk’s SpaceX was dismissed by Pentagon brass during its early years. But now, the billionaire entrepreneur and his company are enjoying more success than ever in snaring Pentagon business.

In recent months Mr. Musk’s team has secured deals for everything from launching some of the nation’s premier national-security satellites to improving weather forecasting for the military to building a new generation of small spacecraft intended to track hostile missiles.

Southern California-based Space Exploration Technologies Corp., the official name of the closely held company, also has worked with the Air Force and the Army to demonstrate communication links. And weeks ago, it signed a Pentagon agreement to study the feasibility of using SpaceX’s proposed deep-space Starship transport, a giant capsule with built-in rocket engines, eventually to whisk cargo around the globe. Company engineers envision moving 80 tons between continents in minutes.

From the beginning, Mr. Musk has said his ultimate goal was colonizing Mars to provide humans a safe escape from Earth if necessary. But in the process, SpaceX amassed an order book of civilian launch contracts estimated to total about $5 billion. It also has won contracts to supply the military with rocket launches and satellite prototypes eventually worth an estimated $6 billion and roughly $9 billion more in past and future National Aeronautics and Space Administration awards, primarily to ferry cargo and astronauts to the International Space Station.

Those totals are still dwarfed by the leading military suppliers. Boeing Co. reported some $26 billion in revenue last year from its defense and space segments, while Lockheed Martin Corp. , the country’s largest defense contractor, reported about $21 billion from its space and missile operations. Both companies also serve as prime contractors for major NASA programs amounting to tens of billions of additional dollars over the years.

Many of SpaceX’s contracts rely on nascent technology, depend on future Pentagon decisions and offer limited initial revenue. But as Congress and the Pentagon increasingly pump money into an array of space programs—with classified projects growing the fastest—industry officials said in the next decade or so, SpaceX will be positioned for a multibillion-dollar boost.

Total defense appropriations could decline if Democrats take the White House and push new spending priorities. But the emphasis on enhanced space capabilities would likely remain in a new administration because it is part of long-term military funding plans and strategies already backed by Congress.

Space X’s pivot toward national-security programs is intended to piggyback on rockets and satellites the company already is building for U.S. civilian and commercial customers. NASA remains its top customer. But the company’s evolving strategy, according to analysts and industry officials, is to adapt some of its current systems to new missions such as tracking space debris, helping defend against superfast missiles and providing secure communication links for U.S. warfighters world-wide.

SpaceX’s leaders “were persistent, did their homework and did everything they needed to do” to gain the military’s trust, according to veteran industry consultant Roger Rusch. “That persistence has paid off.” Mr. Rusch isn’t working for SpaceX or its competitors.

A SpaceX spokesman didn’t respond to requests for comment.

Marketing to generals, though, is very different from negotiating commercial contracts, in which SpaceX often has significant leverage because it charges so much less than rivals. Consultant Keith Volkert, who represents major satellite operators contracting with SpaceX, said Mr. Musk’s team relishes telling his corporate clients they are, quite literally, just along for the ride.

“We’re not actually selling you a rocket,” he recalls company representatives often saying. “We’re selling you a bus, and you don’t get to kick the tires.”

In less than two dozen years, SpaceX has expanded from a handful of employees working in a converted warehouse near a strip mall to roughly 8,000 employees and facilities from Texas to Florida to Washington state. Inside the nation’s capital, it has garnered a reputation as one of the most combative and successful lobbying outfits.

By offering lower prices than traditional industry leaders, SpaceX became the country’s top commercial and civilian launch provider. But that approach won’t work with demanding military customers who give priority to reliability and strict oversight rather than cost, Mr. Volkert said.

Mr. Musk has lured private investors with plans to deploy thousands of small satellites as part of his Starlink venture, a commercial broadband project that industry and military officials say could eventually serve as a backbone for various global military applications including surveillance. Since getting humans to Mars requires developing and testing novel technology likely to cost at least $30 billion by Mr. Musk’s public estimates, industry officials said SpaceX increasingly is looking to Pentagon revenue to help satisfy those escalating cash needs.

The Pentagon already has accepted SpaceX’s Falcon 9 as a mainstay for launching an array of Air Force navigation and intelligence satellites—including the previously controversial feature of landing the rocket’s lower stage and reusing it on subsequent launches.

In August, SpaceX beat out Blue Origin Federation LLC, the space company founded by Amazon.com Inc. Chief Executive Jeff Bezos, to lock in some 40% of Pentagon launches over the next few years. United Launch Alliance, a rocket joint venture between Boeing and Lockheed Martin, won the remaining missions. But ULA officials have expressed growing concern about SpaceX’s inroads to what just a few years ago had been the partnership’s virtual monopoly launching high-value military payloads.

“They are more than an emerging threat right now,” Ken Possenriede, Lockheed Martin’s chief financial officer, said in October.

As part of the effort to bolster its Pentagon ties, according to industry officials, SpaceX recently hired retired four-star Air Force Gen. Terrence O’Shaughnessy, the former head of Northern Command, which is responsible for protecting the U.S. against ballistic-missile attacks. It isn’t clear whether he is a consultant or an employee. SpaceX, which hasn’t announced the move, also has recruited other ex-military officers.

Gen. O’Shaughnessy couldn’t be reached for comment. He declined to comment through his command’s press office before leaving his post in August.

SpaceX’s offerings mirror the Pentagon’s growing emphasis on swarms of small, relatively inexpensive satellites rather than a few expensive behemoths—sometimes derisively called “Battlestar Galacticas”—that are much harder to maneuver or defend.

Buoyed partly by its overall record so far of 100 successful launches and expanding defense prospects, some Wall Street analysts peg SpaceX’s valuation close to the approximately $103 billion market capitalization of Lockheed Martin. Some consultants and analysts, however, worry that greater military emphasis could prove a distraction from the company’s civilian and commercial pursuits.

Becoming a top-tier Pentagon supplier would represent a dramatic about-face for a company that started out shunning Pentagon dollars, years ago filed a high-profile lawsuit alleging the Air Force fenced it off from some business and until earlier this year was still feuding over being shut out of Pentagon funding for rocket development.

Part of Mr. Musk’s image is that of a visionary bent on protecting the environment and discovering an alternate home in the solar system. “If the military is paying the bills,” consultant Tim Farrar said, many outsiders “won’t look at him in quite the same rosy terms.” Mr. Farrar works for a rival broadband provider.