Morning Brief

US stock futures waver as September draws to a close

BY THE NUMBERS

Futures were lower this morning ahead of the final trading day of September. The Dow and S&P 500 are on pace to post positive results for the month, while the Nasdaq is likely to register its first monthly decline since March. (CNBC)

Tesla (TSLA) stock was down 11 percent in premarket after CEO Elon Musk was sued by the Securities and Exchange Commission for alleged fraud. Musk was accused of making false and misleading statements about potentially taking Tesla private. (CNBC)

* Musk calls SEC fraud lawsuit 'unjustified' (CNBC)
* Musk pulled plug on settlement with SEC at last minute (CNBC)
* SEC: Musk chose $420 price for Tesla shares because it's a pot reference (CNBC)

The government will issue August personal income and spending figures at 8:30 a.m. ET. At 9:45 a.m., the Chicago Purchasing Managers Index is released. At 10 a.m., the University of Michigan is out with its final September consumer sentiment index. (CNBC)

BlackBerry (BB) and Vail Resorts (MTN) are among the few companies set to release quarterly earnings this morning, while there are no quarterly earnings reports of note after today's closing bell. (CNBC)

IN THE NEWS TODAY

The Senate Judiciary Committee plans to vote today on Brett Kavanaugh's nomination to the Supreme Court. Kavanaugh and a woman accusing him of sexual assault, Christine Blasey Ford, spent hours testifying Thursday before the committee. (AP)

* Ford appears before senators as her own expert witness (CNBC)
* Furious Kavanaugh rips controversy as a national disgrace (CNBC)
* Trump: Kavanaugh 'showed America exactly why I nominated him' (CNBC)

Top Democratic operatives are already talking about impeachment of Kavanaugh as a 2020 campaign issue, according to Axios. The news site said the talks reflect the conclusion of Democrats and Republicans that Kavanaugh's confirmation is more likely than not.

* American Bar Association calls for FBI investigation into Kavanaugh allegations (USA Today)

President Donald Trump will meet with Deputy Attorney General Rod Rosenstein next week. He postponed the scheduled Thursday meeting in order to not distract from congressional hearings for his Supreme Court nominee, Kavanaugh. (CNBC)

The United States Trade Representative Robert Lighthizer plans to issue the text of a trade deal with just the U.S. and Mexico today, two sources told CNBC. One source said that the text will allow Canada to join onto the agreement at a later date.

The House will vote today on legislation that would make permanent Trump's tax cuts for individuals, according to House tax committee chairman Kevin Brady. Republicans have been calling it "Tax Reform 2.0." (Reuters)

Google CEO Sundar Pichai is scheduled to meet privately with members of Congress today. The closed-door gathering is expected to include discussions about Trump's recent allegations that Google has been rigging the results of its search engine. (AP)

Volkswagen (VLKAY) will announce the firing of Audi CEO Rupert Stadler, perhaps as soon as today, according to sources quoted by the Wall Street Journal. Stadler has been in jail in connection with the automaker's emissions cheating scandal.

Boeing (BA) won a $9.2 billion contract to build new trainer jets for the Air Force. The contract is one of the largest awarded by the Pentagon over the past few years. Lockheed Martin was also in the running. (CNBC)

Iridium Communications announced a partnership with Amazon (AMZN) Web Services to develop a satellite-based network called CloudConnect for Internet of Things applications. The network will focus on "where cellular technologies aren't." (CNBC)

Netflix (NFLX) Chief Executive Reed Hastings said today the streaming service plans to double its investments in France and produce 14 local shows. Hastings did not disclose how much Netflix would invest in France. (Reuters)

STOCKS TO WATCH

Eli Lilly's (LLY) new migraine drug Emgality won FDA approval. Emgality is the latest entry in a new class of treatments for migraine headaches, with prior approvals coming for one treatment from Novartis (NVS) and Amgen (AMGN) and another from Teva Pharmaceutical (TEVA).

Goldman Sachs (GS), JPMorgan Chase (JPM), Credit Suisse (CS), Morgan Stanley (MS), and UBS (UBS) will have to face a lawsuit charging that the banks tried to limit competition in the $2 trillion stock lending market. The banks had tried to block the suit from going forward, but a judge ruled against their claim that their actions were reasonable.

J.C. Penney (JCP) chief financial officer Jeffrey Davis is resigning to pursue a new opportunity, after less than a year and a half on the job. The retailer's senior vice president of finance, Jerry Murray, will assume the CFO role on an interim basis.

Pfizer's (PFE) once-a-day oral lung cancer drug won FDA approval, after having been granted priority review earlier this year.

Progress Software (PRGS) reported adjusted quarterly profit of 60 cents per share, two cents above estimates, but revenue came in below Wall Street forecasts and the business software maker said it was disappointed with its revenue outlook for the year.

WATERCOOLER

After nearly half a century in the ring, HBO is bailing on boxing. The premium network announced it will no longer carry live and pay-per-view fights, and said it would instead pivot to sports-themed documentary. (The Hollywood Reporter)