Last week, onstage at TechCrunch Disrupt, regulator Jina Choi, who heads the SECwide-reaching San Francisco unit, declined to confirm or deny that the SEC is investigating Tesla CEO Elon Musk for possible fraud.

Said Choi, &I can&t tell you about any particular investigation in our office. And I can&t confirm or deny the existence of investigations that are in our office. I can say that we are very diligent about covering the issuers in our region and some of the more high-profile issuers in our region. We try to stay on top of that, but thatabout all I can say.&

Now, investor James Anderson of the global asset manager Baillie Gifford tells Reuters that, as a shareholder, he was recently questioned by U.S. securities regulators about Muskfamous — and possibly fateful — early August tweet that he was thinking of taking Tesla private and that he had &funding secured.&

Said Anderson to Reuters, &I don&t know what they&ll do with [Musk], but thereno implication that we&ve done anything wrong . . . I think quite naturally they wanted to know whether major shareholders had any lead indication or knowledge of the tweet about ‘funding secured.&&

Because it isn&t talking, itimpossible to know how seriously the SEC is looking into the chain of events that led to the tweet or what followed. As industry watchers likely know, days after making his surprising announcement, Muskelaborated on why he made it, writing in a postthat he&d left a late July meeting with Saudi Arabiasovereign-wealth fund that gave him the impression that a deal to take Tesla private could close.

Atick-tock accountby the WSJ of what happened behind the scenes during this period — it was published shortly after Musk abandoned his take-private idea — said officials in the kingdom were &rankled& by the suggestion that the Saudis, who have quietly acquired up to 5 percent of Teslashares this year, had made any kind of formal proposal.

Bruised feelings aside, Musk, itnow plain, may be dealing with regulatory fall-out, too. And interestingly, much of what happens next may center not just on interviews with shareholders and Muskother communications, but on plain-old psychology.

Onstage, we asked Choi if, typically speaking, false statements are enough to prove fraud or whether there needs to be an accompanying scheme. &When you talk about fraud,& she answered, &you&re talking about a state of mind, you&re talking about mens rea. We call it scienter. You have to do something with intentionality. The idea of just making a misstatement doesn&t necessarily rise to the level of fraud. I think thatwhat makes our investigations so challenging. I think the idea of trying to understand whatin peopleheads can be very difficult.&

Misstatements can &be the first step to fraud,& Choi had added. &But generally, when we talk about fraud the F word, I think we are talking about a state of mind thata little bit higher than that.&

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Nintendo is at last (at last!) bringing some new content to the Switch! Yes!

In a Nintendo Direct, the company let fly a number of games and a couple of original titles. The biggest Nintendo-produced titles we had glimpses of are a new Animal Crossing in development for the Switch and LuigiMansion 3.

Nintendo finally announces some new games for the Switch

We learned next to nothing about the new Animal Crossing, other than that itcoming in 2019, but we did get to see some gameplay from the latest chapter of Luigionly titular adventure in the Nintendo world. LuigiMansion 3 seems to follow in the ghost-vacuuming footsteps of its predecessors with the bizarre camera angles and all. Italso heading to the Switch stage in 2019, setting up a couple of Nintendo titles for us to look forward to next year, possibly alongside Metroid Prime 4 ().

Other familiar additions to the Switch include a port of the Wii U gameNew Super Mario Bros. U Deluxe coming in January and YoshiCrafted World coming in spring 2019.

NintendoNES Switch controllers activate the nostalgia centers (and wallets) of retro gamers

Aside from the Nintendo-made titles, fans were served up a big surprise with the announcement that some recent and old-school Final Fantasy titles are coming to the Switch. Final Fantasy VII, IX, X, X-2 HD Remaster and XII are all arriving in 2019.

There are about a dozen other incoming titles (several of which are remasters), includingEA SPORTS FIFA 19,Starlink: Battle for Atlas,Diablo III: Eternal Collection,Mega Man 11,Katamari Damacy REROLL and plenty of others that you can jump through in the Direct below.

The Nintendo Switch is a fantastic system, and while it has a lot going for it, I barely have any games to play for it anymore. Itnot all that out of character for Nintendo to delay the hell out of the instant gratification its customers want, but the Switch has had a particularly stuttered content rollout since its launch. Hopefully the company can pick up a little more consistent cadence as it gets more third-party studios onboard.

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The news that Nintendo would be adding NES games to the Switch as part of its paid online service had a mixed reception, but the company has completely made up for this controversial decision by releasing wireless NES controllers with which to play those games. At $60 they&re a bit steep, but come on. You know you&re going to buy them eventually. Probably next week.

The controllers were revealed during the latest Nintendo Direct video news dump, alongside a host of other nostalgia bombs, like a new Animal Crossing and about a million Final Fantasy ports. But first the details of those sweet, sweet controllers.

NintendoNES Switch controllers activate the nostalgia centers (and wallets) of retro gamers They&re definitely NES-style down to the buttons, meaning they aren&t going to replace your existing Switch Joy-Cons. So why do they cost so much Because Nintendo. At least they&re wireless and they charge up by slotting onto the Switch sides like Joy-Cons. And they do have shoulder buttons, though, for some reason.

NintendoNES Switch controllers activate the nostalgia centers (and wallets) of retro gamers You&ll be able to pre-order a two-pack starting on the 18th for $60, which also happens to be the launch date for Nintendo Switch Online. Yeah, ittime to fork out for that online play Nintendo has generously given away for so long.

Fortunately, as you may remember from previous announcements, the cost is pretty low; $20 per year, and it gets you online game access and a growing library of NES classics. Ten of those games were confirmed before, but 10 more were added to the list today.

NintendoNES Switch controllers activate the nostalgia centers (and wallets) of retro gamers So at launch you&ll be able to play:

  • Balloon Fight
  • Dr Mario
  • Mario Bros.
  • Super Mario Bros.
  • Super Mario Bros. 3
  • Donkey Kong
  • Ice Climber
  • The Legend of Zelda
  • Tennis
  • Soccer
  • Baseball
  • Double Dragon
  • Excitebike
  • Ghosts ‘n Goblins
  • Gradius
  • Ice Hockey
  • Pro Wrestling
  • River City Ransom
  • Tecmo Bowl
  • Yoshi

The service will also enable cloud backups of saves and possible special deals down the line. It sounds like itbasically a must-have, although plenty of people are angry that their virtual console games have been essentially stolen back from them. At least we have the NES and SNES Classic Editions.

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The iPhone XR arrived like an afterthought. No surprise, really. Applealways been one to lead with its best foot forward — the latest, greatest and, quite literally, the largest. Projecting the life on the bleeding edge is a cornerstone of the companyimage, market share and stock price.

The iPhone XR isn&t that. In the context of yesterdayevent, the handset is an also ran. Itlower-powered, with a single camera and lower-resolution screen that stirred up criticism amongst display enthusiasts online. Italso precisely the phone the company needed to make — and Applegoing to sell a crapload of them as a result. In fact, I wouldn&t be too surprised to see this entry-level device outsell both of its premium brethren.

Over the last 24 hours, a number of folks have asked me which phone they should buy. The answer varies from person to person, of course, but for the majority, the XR simply makes the most sense. It is, as I wrote in my hands-on yesterday, the iPhone X for the rest of us.

Last year10th anniversary handset pushed the limits of the iPhone, with regard to underlying technology, design and budget. It represented what was arguably the biggest leap for the line since the introduction of the App Store way back in 2008, while helping to break on the $1,000 smartphone.

The iPhone XR is the one to get

We all knew things were heading that way, and companies like Samsung certainly gave Apple a run for its money, but the iPhone X really tested the limits of what consumers are willing to spend on a smartphone. Initial sales reports were less than ideal for the phone, though a much pricier phone meant, naturally, that Apple had to sell fewer to hit the same bottom line.

But Apple isn&t Vertu. Actually getting the product into consumers& hands is an equally important aspect of selling a new phone. Early reports had the company eye a return to the LCD as a way of offsetting the phonecost in order to appeal to a broader audience.

As The Wall Street Journal put it back in June, demand &is likely to be slower than many in the industry believed a year ago, when the iPhone maker was preparing its first OLED smartphone.& For Apple, a return to the LCD likely felt like a step backward after releasing its most forward-looking phone.

But while such things do matter to some, technology refreshes are more often driven by the desire to stay a step ahead of the competition than they are consumer demand. And while having the highest resolution screen possible would certainly be nice, itnot necessarily $1,000 worth of nice.

The iPhone XR represents a more balanced approach for Apple. But atop the foundation of the iPhone X, the handset manages to be relatively reasonably priced without being the sort of relic the iPhone 8 felt like it was announced alongside the X.

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The XR is the populist iPhone. The iPhone for the people. I&ve been calling it the iPod Mini of iPhones and Matt Burns has been saying itthe iBook, but the point stands. Ita cheaper, more colorful alternative. At least one of our co-workers has been obsessing slightly over which color to get.

At $749, itnot cheap, but compared to the XS and XS Max (starting at $999 and $1,099, respectively), ita relative bargain, and most of the missing features won&t have an impact on the day to day use of an average user. Heck, even the single lens camera has learned to approximate portrait mode to further cushion the blow.

If I were in the market for a new iPhone, I&d almost certainly go the XR route. Listen, I&m a tech blogger living in New York City. I have a pet rabbit to feed. Do you think rabbit food grows on trees (I mean, technically it does, but you get the point).

If you&re a prospective iPhone buyer, you&re probably in the same boat. The XRthe way to go, and Applegoing to sell a ton of the things.

The iPhone XR is the one to get

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A nasty legal battle is set to play out between two former Uber executives.

Eric Alexander, the ride-hailing companyformerpresident of business in Asia-Pacific, has filed suitagainst former Uber PR chief Rachel Whetstone .

Alexander blames Whetstone for his firing from Uber in June 2017, claiming her &grossly misleading statements& both internally at Uber and to the media, &destroyed his reputation.& He claims she &harbored deep seated personal animosity& against him, was jealous of his close relationship with then-CEO Travis Kalanick and frequently made racist comments about several minority groups during her tenure.

Whetstone,well-known in Silicon Valley for her comms prowess, also left Uber in 2017 and has since gone on to lead PR efforts at Facebook and now Netflix.

We&ve reached out to Whetstone, Alexander and Uber for comment.

Backstory

Last year, Alexander was very publicly ousted from Uberafter obtaining the medical records of a female passenger who was raped by an Uber driver in India. Alexander had reportedly been investigating the case himself because he believed the Indian ride-hailing business Ola was behind the incident and that the competitor was trying to damage Uberreputation in India.

Alexander spent just over three years at the company and was a close confidant of Kalanick&s.

Uber exec is out after violating riderprivacy

The allegations

The allegations outlined in the lawsuit,first reported by Business Insider, don&t seem to be connected, but rather are an attempt by Alexander to portray Whetstone as a vicious, jealous and racist former colleague out for his career:

Ms.WhetstoneharboreddeepseatedpersonalanimosityagainstMr.Alexanderover his perceived higher status within Uber, as well as Mr. Alexanderrepeated efforts to curtail Ms. Whetstoneongoing racist comments (culminating in Mr. Alexanderpublic rebuke of Ms. Whetstone in front of another Uber officer. Given the contentious relationship between the parties, upon her severance from Uber, Ms. Whetstone took the unusual step of insisting on a reciprocal non-disparagement clause that specifically referenced Mr. Alexander by name. Ms. Whetstone thereafter proceeded to violate that clause by spreading false and misleading and/or disparaging information about Mr. Alexanderresponse to the rape in India. Ms. Whetstonederogatory statements were made in direct violation of the non-disparagement.

The lawsuit provides several examples of racist comments allegedly made by Whetstone, including that &the Chinese cannot be trusted.&

Alexander says Whetstone also went to reporters—BloombergEric Newcomer and RecodeKara Swisher were named specifically — and told them &false and misleading information.&

Uberpast catches up to it

The lawsuit, for the most part, looks to be an attempt on Alexanderend to clear his name. According to his LinkedIn, he hasn&t pursued any new opportunities since his well-publicizedexit from Uber, and thatlikely not for lack of trying.

As for Uber, despite replacing its CEO and several other top-level employees following its no good, very bad year in 2017, the company hasn&t been able to shake itsscandal-ridden reputation. The mistakes made under Kalanickreign have and will continue to catch up to it.And nothing, not even a rebrand, can stop that.

Herea full look at the lawsuit.

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Twitch, the Amazon-owned streaming platform, has brought on its first head of diversity and inclusion, as well as a new chief financial officer and chief human resources officer.

Katrina Jones, who will start next month as Twitchhead of diversity and inclusion, is the former head of diversity at Vimeo. At Vimeo, Jones created the companydiversity strategy, and worked on disrupting bias and fostering inclusion.

Meanwhile, Michelle Weaver and Sudarshana Rangachary are coming on board as CFO and CHRO, respectively.

From the diversity and inclusion front, Twitch has a history of struggling. The platform itself, for example, was called out in 2015 for being mostly white and male.

Fast-forward to 2016, and Twitch hosted a panel at its annual convention dubbed &Diversify Twitch.& That didn&t turn out very well for Twitch, as its African-American panelists were subjected to racism, insults and slurs. Just last year, Twitch hosted a site-wide &holiday& to celebrate diversity and inclusion on its streams, chats, apps and community.

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