Sign up for our daily briefing

Make your busy days simpler with Axios AM/PM. Catch up on what's new and why it matters in just 5 minutes.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Catch up on coronavirus stories and special reports, curated by Mike Allen everyday

Catch up on coronavirus stories and special reports, curated by Mike Allen everyday

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Denver news in your inbox

Catch up on the most important stories affecting your hometown with Axios Denver

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Des Moines news in your inbox

Catch up on the most important stories affecting your hometown with Axios Des Moines

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Minneapolis-St. Paul news in your inbox

Catch up on the most important stories affecting your hometown with Axios Twin Cities

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Tampa Bay news in your inbox

Catch up on the most important stories affecting your hometown with Axios Tampa Bay

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Charlotte news in your inbox

Catch up on the most important stories affecting your hometown with Axios Charlotte

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Illustration: Sarah Grillo/Axios

The Cheesecake Factory this morning became the first public company charged by the SEC with misleading investors about the pandemic's financial impact on its business.

Driving the news: The SEC claims that the sugar slinger reported "materially false" information in its March 23 and April 3 filings by saying that it was "operating sustainably" by shifting to pickup and delivery.

  • The restaurant chain's reality was a $6 million weekly burn and just four months of cash remaining.
  • It did allegedly share its financial troubles with prospective private equity investors and lenders, as it sought additional liquidity. The company on April 20 announced a $200 million preferred convertible investment from Roark Capital.
  • By the time of its SEC filings, Cheesecake Factory had already told landlords that it wouldn't pay its April rents.

In response, the Calabasas, California-based company agreed to pay a $125,000 penalty, without admitting guilt. That may be close to what it costs to order one of everything on Cheesecake Factory's massive menu.

Between the lines: This obviously reflects bad behavior by company execs, who tried to hide the deflated ball. But it also reflects the restaurant industry's dire condition, as COVID surges and Congress sputters on stimulus.

  • Cheesecake Factory reported $127 million of profits last year. This year, it reported $88.5 million of net loss through the first three quarters.
  • The company did manage to get a bailout from private equity, without receiving PPP monies, but that makes it a restaurant industry exception to the rule.

Go deeper

Ina Fried, author of Login
1 hour ago - Technology

Scoop: Google is investigating the actions of another top AI ethicist

Google CEO Sundar Pichai. Photo by Mateusz Wlodarczyk/NurPhoto via Getty Images

Google is investigating recent actions by Margaret Mitchell, who helps lead the company's ethical AI team, Axios has confirmed.

Why it matters: The probe follows the forced exit of Timnit Gebru, a prominent researcher also on the AI ethics team at Google whose ouster ignited a firestorm among Google employees.

3 hours ago - Politics & Policy

Scoop: Joe Biden's COVID-19 bubble

Photo illustration: Aïda Amer/Axios. Photo: Joe Raedle/Getty Images

The incoming administration is planning extraordinary steps to protect its most prized commodity, Joe Biden, including requiring daily employee COVID tests and N95 masks at all times, according to new guidance sent to some incoming employees Tuesday.

Why it matters: The president-elect is 78 years old and therefore a high risk for the virus and its worst effects, despite having received the vaccine. While President Trump's team was nonchalant about COVID protocols — leading to several super-spreader episodes — the new rules will apply to all White House aides in "high proximity to principals."

Justice Department drops insider trading inquiry against Sen. Richard Burr

Sen. Richard Burr (R-N.C.) walking through the Senate Subway in the U.S. Capitol in December 2020. Photo: Stefani Reynolds/Getty Images

The Department of Justice told Sen. Richard Burr (R-N.C.) on Tuesday that it will not move forward with insider trading charges against him.

Why it matters: The decision, first reported by the New York Times, effectively ends the DOJ's investigation into the senator's stock sell-off that occurred after multiple lawmakers were briefed about the coronavirus' potential economic toll. Burr subsequently stepped down as chair of the Senate Intelligence Committee.

You’ve caught up. Now what?

Sign up for Mike Allen’s daily Axios AM and PM newsletters to get smarter, faster on the news that matters.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!