A recent letter from the US Securities and Exchange Commission (SEC) states that Tesla lawyers must still pre-approve Elon Musk’s company-related tweets, even though the billionaire won the case centered on his infamous “funding secured” tweet in 2018.
In a letter to the US Court of Appeals for the 2nd Circuit in New York, the SEC argued that Musk’s earlier settlement with the agency is constitutional and valid. Musk’s settlement followed an SEC investigation into the CEO’s “funding secured” claims in 2018. It was also agreed that tweets containing material Tesla-related information would be reviewed by a lawyer — fondly dubbed the CEO’s “Twitter Sitter” by the internet — before Musk posts them.
Elon Musk’s legal team submitted a brief to a court of appeals in September 2022, seeking relief from what they alleged was a “government-imposed muzzle” that inhibits the CEO’s speech. The appeal came a month after a federal judge denied Musk’s motion to terminate his settlement provision with the SEC.
Earlier this month, a jury found that Elon Musk and Tesla were not liable in a class-action securities fraud trial centered on the CEO’s “funding secured” tweet. Musk’s lawyers then argued earlier this week that the jury verdict should be considered in an appeal against the CEO’s SEC settlement provision.
“In light of the jury finding that Mr. Musk’s tweets did not violate Rule 10b-5, the SEC lacks support both for the consent decree itself and for its arguments on appeal. The verdict provides further reason why the public interest in avoiding unconstitutional settlements easily subsumes the SEC’s purported stake in the consent decree,” Alex Spiro, one of Musk’s lawyers, wrote.
The SEC has responded to Musk’s legal team, arguing that the findings of the jury in a private securities-fraud action does not identify a “pertinent and significant” authority. The SEC also argued that Musk is “reading too much” into his jury verdict.
Following is the SEC’s response.
“Appellant Elon Musk’s letter notifying this Court about a jury verdict in a private securities-fraud action does not identify a ‘pertinent and significant’ authority. Musk waived his opportunity to test the Commission’s allegations at trial when he voluntarily agreed (twice) to a consent judgment. The district court properly rejected his request to alter the judgment because there were no “significant” changes in factual conditions or the law that justified relief under Rule 60(b)(5). Musk asserts that the consent judgment now “lacks support” given “the jury’s finding,” but this is a non-sequitur; the consent judgment was not conditioned upon the outcome of the private litigation.
“Even if the verdict were somehow relevant, Musk reads too much into it. The Commission had no role in that case. Unlike in a Commission action, the private plaintiff had to prove reliance, loss causation, and damages, In re Tesla , Dkt. 655, at 7-17 (jury instructions), and it is unknown whether the verdict turned on elements that would not burden the Commission at trial, id. , Dkt. 671, at 2-3 (verdict form). Moreover, the court instructed the jury to assume that Musk’s tweets “were untrue,” which confirms the discrete point the Commission was making when it referenced the private action in its brief. Id., Dkt. 655, at 7-8.
“Ultimately, the verdict has no bearing on whether the district court correctly declined to grant the extraordinary remedy of altering Musk’s consent judgment years after entry. The verdict says nothing about the continuing public interest in a negotiated settlement term that does not preclude Musk from tweeting accurately about Tesla or other topics, but rather requires Tesla to review Musk’s Tesla-related communications before publication, including through Musk’s Twitter feed—a communication channel designated by Tesla for disclosure. And the verdict does not justify the inapt application of the ‘unconstitutional conditions’ concept to settlements, even if this Court were to overlook Musk’s forfeiture of any arguments regarding that concept,” the SEC wrote.
It remains to be seen whether the court will uphold or dismiss the letter submitted by Musk’s legal team. The appeal is expected to be heard in the spring, although an exact date has not yet been scheduled.
627605104 Letter From US Securities Exchange Commission Feb 22 2023 by Maria Merano on Scribd
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News
Tesla rival’s CEO makes shock suggestion to customers about Model Y
“The Model Y is a great car, and Tesla also announced a number of promotions yesterday, so you might want to consider it.”
Tesla rival Xiaomi is experiencing demand that is off-the-charts with its new YU7 crossover, which competes with the Model Y. The company’s CEO has stated that demand is truly outpacing what it can build, and that customers in limbo should consider the Model Y because “it’s a great car.”
The Xiaomi YU7 has already gained an incredible number of orders so far. Its launch a few months ago had consumers busting down doors to place an order before others, and demand has been so high that customers will wait, on average, between 56 and 59 weeks for delivery.
Within 18 hours, Xiaomi received about 240,000 orders, CarScoops reported. Some customers are truly interested in the vehicle, but cannot wait the extended period to take delivery as they might need a car now.
Xiaomi CEO Lei Jun said on social meida that there are other cars out there that would be suitable as a replacement to the YU7:
“If you need to buy a car quickly, other China-produced new energy vehicles are pretty good.”
He explicitly mentioned the Model Y, Xpeng G7, and Li Auto i8.
Regarding the Model Y, he said:
“The Model Y is a great car, and Tesla also announced a number of promotions yesterday, so you might want to consider it.”
The Model Y has been the best-selling car in the world over the past two years, and it still leads in many markets as the most sought-after EV. However, in China, there are so many formidable competitors that customers are seemingly going for whatever they can get to first.
Of course, a car is a car, but Tesla has gained a more notable reputation for its industry-leading tech and driver assistance systems, including City Autopilot, which has been used in China for a few months now.
Tesla China owners share first impressions of FSD-style “City Autopilot”
Tesla is offering a tasty Supercharging incentive on inventory Model 3 units in Canada as it continues to push sales in the third quarter.
In the United States, Tesla is preparing for the end of the $7,500 electric vehicle tax credit. While it is offering a multitude of incentives in the U.S. to help push sales of its vehicles before the credit goes away, it is not saving the deals for Americans exclusively.
Yesterday, the company announced it is now offering Free Supercharging for life on all Model 3 inventory in Canada, a massive incentive for those who would use the vehicle as a daily driver:
Unlimited road trips through Canada
Free Supercharging now on all Model 3 inventory 🇨🇦
— Tesla North America (@tesla_na) August 15, 2025
The deal would normally only apply to Superchargers located in Canada, meaning if a Canadian drove over the border into the United States and Supercharged, they would have to pay for it.
However, Tesla also confirmed that the charging deal would extend to the U.S. Canadians will be able to drive across the U.S. and Supercharge for free for the life of the vehicle.
Free Supercharging is such a great perk because the money an owner saves on charging factors directly into what they are saving if they were to own a gas car. While Supercharging and home charging are, on average, cheaper than filling up with gas, the savings are not massive.
When Supercharging is free, it can save consumers hundreds of dollars per month, especially if they plan to use the Tesla for their daily commute. Some people could fill their gas cars up two times a week to get to work, spending $80-$100 every five days on gas.
Tesla has been using incentives like this to push vehicles into customers’ hands. Q3 could be one of the best three-month spans in recent memory with the push it is making.
News
Tesla is preparing to take on autonomy’s final boss
India’s city streets are notorious for their complexity and congestion.
If there is any sign that Tesla is now confident about its self-driving program, it would be this. As could be seen on Tesla’s Careers page, the company is now hiring Autopilot Vehicle Operators in Delhi and Mumbai, India.
As far as real-world traffic is concerned, one could argue that India’s city streets are the final boss of autonomous driving systems due to their complexity and congestion.
Tesla job openings
As per Tesla in its recent job openings, Prototype Vehicle Operators will be responsible for driving an engineering vehicle for extended periods and conducting dynamic audio and camera data collection for testing and training purposes. In both its job listings for Mumbai and Delhi, Tesla noted that successful applicants will be gathering real-world data on the weekends and around the clock.
Considering the job openings in India, Tesla seems to be intent on rolling out its advanced driver-assist systems like FSD in the country. This is quite interesting, as Tesla is not hiring Prototype Vehicle Operators in other territories that recently launched, such as the Philippines. Perhaps Tesla intends to tackle FSD’s final boss of sorts before rolling out FSD in other territories.
FSD’s rollout
Tesla’s autonomous driving program uses the company’s Full Self-Driving system, which is currently available on vehicles in North America and China. Tesla, however, has a more advanced version of FSD called Unsupervised FSD, which is currently being used in vehicles that are part of the Robotaxi pilot in Austin and the Bay Area.
Elon Musk has also recently announced on X that Tesla will be releasing FSD V14 in the coming weeks. He also shared a number of improvements that can be expected from FSD V14. “The FSD release in about 6 weeks will be a dramatic gain with a 10X higher parameter count and many other improvements. It’s going through training & testing now. Once we confirm real-world safety of FSD 14, which we think will be amazing, the car will nag you much less,” Musk wrote in his post.
Tesla rival’s CEO makes shock suggestion to customers about Model Y
Tesla offers tasty Supercharging incentive as Q3 push continues
Tesla is preparing to take on autonomy’s final boss
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