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SEC continues to argue for Elon Musk’s “Twitter sitter” deal

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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. 

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“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. 

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“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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Maria--aka "M"-- is an experienced writer and book editor. She's written about several topics including health, tech, and politics. As a book editor, she's worked with authors who write Sci-Fi, Romance, and Dark Fantasy. M loves hearing from TESLARATI readers. If you have any tips or article ideas, contact her at maria@teslarati.com or via X, @Writer_01001101.

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Tesla Robotaxi appears to be heading to a new U.S. city

Things are expanding for Robotaxi, but the big sign that it is really moving along greatly will be with the expansion to a new city. Tesla has not gone outside of Austin or the Bay Area as of yet, and launching in a new city will be a great indicator of progress.

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Credit: Tesla

Tesla Robotaxi appears to be heading to a new U.S. city, and although the company has revealed plans to launch in six new metros this year, it has yet to establish a new location outside of Austin and the Bay Area of California, where it has operated since last Summer.

A lot full of Model Y vehicles was spotted in Henderson, a town just north of Las Vegas, but there seems to be more than just this hint indicating that the Sin City will be the next location to offer potentially driverless rides in a Tesla using its Full Self-Driving suite.

These Model Ys are not your typical vehicles, as they are fitted with hardware that is only on Robotaxis: a rear camera washer is the dead giveaway:

The photos and video of the lot were taken by TheZacher on X, who spotted the Model Y fleet in the Henderson parking lot.

The rear camera washer is the main piece of evidence here that indicates Tesla could be looking to expand Robotaxi to Las Vegas, a major ride-hailing hot spot, as it is one of the biggest tourist attractions in the United States. Ride-sharing is a major industry in Vegas, especially for those who are staying off the Strip.

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Tesla has also been extremely transparent that Vegas is on its radar for the Robotaxi fleet, as it revealed last year that it was one of five new U.S. cities that it planned to launch the ride-hailing service in this year.

Tesla confirms Robotaxi is heading to five new cities in the U.S.

The others were Phoenix, Dallas, Houston, and Miami.

Things are expanding for Robotaxi, but the big sign that it is really moving along greatly will be with the expansion to a new city. Tesla has not gone outside of Austin or the Bay Area as of yet, and launching in a new city will be a great indicator of progress.

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It will also give Tesla a new benchmark against rival company Waymo, which has operated in Las Vegas for some time.

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Tesla Roadster gets new unveiling date once again

Musk announced last year that the unveiling, which initially happened back in 2018, would take place on April Fool’s Day. Initial deliveries at the 2018 event were slotted for 2020, but delays in the project, as well as prioritization of other things, continued to push the Roadster back.

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A red Tesla Roadster driving around a turn
(Credit: Tesla)

The Tesla Roadster is perhaps the most anticipated vehicle in the company’s history, but those who have been waiting anxiously for it will have to push their timelines back once again.

Tesla CEO Elon Musk has revealed that the company is once again pushing back the unveiling event that was originally planned for April 1. It will now take place “probably in late April.”

Musk announced last year that the unveiling, which initially happened back in 2018, would take place on April Fool’s Day. Initial deliveries at the 2018 event were slotted for 2020, but delays in the project, as well as prioritization of other things, continued to push the Roadster back.

There has been so much hype about the Roadster that people are right to be excited about the prospect of its existence.

Musk’s most recent rumblings about the vehicle came last Fall, when he appeared on the Joe Rogan Experience podcast, where he once again hinted the car would be able to hover for a short period.

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He said:

Whether it’s good or bad, it will be unforgettable. My friend Peter Thiel once reflected that the future was supposed to have flying cars, but we don’t have flying cars. I think if Peter wants a flying car, he should be able to buy one…I think it has a shot at being the most memorable product unveiling ever. [It will be unveiled] hopefully before the end of the year. You know, we need to make sure that it works. This is some crazy technology in this car. Let’s just put it this way: if you took all the James Bond cars and combined them, it’s crazier than that.”

Additionally, he said the vehicle would not be something that would prioritize safety. Musk said that “If safety is your number one goal, do not buy the Roadster.” It’s made for speed and excitement, not for grocery-getting.

Elon Musk just said some crazy stuff about the Tesla Roadster

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As the April 1 unveiling event that was originally planned was nearing without any communication to fans, media, or anyone who would potentially be in attendance, it seemed to be pretty obvious that Tesla was not ready to pull the trigger on the event quite yet.

There could be some last-minute things to finalize, or it could be something else. One thing is for certain, though: we are not super surprised that things were moved back.

Tesla has definitely been putting some things in motion for the Roadster. A few months back, Tesla started to ramp up hiring for the Roadster, and earlier in March, it submitted a patent application for a new seat design.

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Tesla named by U.S. Gov. in $4.3B battery deal for American-made cells

What began as an open secret in the energy industry was confirmed by the U.S. Department of the Interior on Monday: Tesla is the buyer behind LG Energy Solution’s blockbuster $4.3 billion battery supply agreement.

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What began as an open secret in the energy industry is becoming more real after the U.S. Department of the Interior named Tesla as the stakeholder in the LG Energy Solution’s blockbuster $4.3 billion battery supply agreement.

Tesla and LG Energy Solution are expanding their partnership to build a LFP prismatic battery cell manufacturing facility in Lansing, Michigan, launching production in 2027. The announcement, made as part of the Indo-Pacific Energy Security Summit results, ends months of speculation.

“American-made cells will power Tesla’s Megapack 3 energy storage systems produced in Houston, creating a robust domestic battery supply chain.”, notes a press release on the U.S. Department of the Interior website.

Tesla starts hiring efforts for Texas Megafactory

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Tesla has long utilized China’s Contemporary Amperex Technology Co. (CATL), the world’s largest LFP battery maker, as one of its primary suppliers. That relationship made financial sense for years, considering that Chinese LFP cells were cheap, abundant, and reliable. But with escalated tariffs on Chinese imports and an increasingly growing Tesla Energy business that’s particularly reliant on LFP cells for products including its Megapack battery storage units designed for utilities and large-scale commercial projects.

The announcement of a deepened partnership between LG Energy Solution and Tesla has strategic logic for both parties. For Tesla, it secures a tariff-compliant, domestically produced battery supply for its fast-growing energy division. LGES, now producing LFP batteries in Michigan, becomes the only major supplier currently scaling U.S. production, outpacing rivals like Samsung SDI and SK On. LG Energy Solution’s Lansing plant, formerly known as Ultium Cells 3, was previously operated as a joint venture with General Motors. LGES acquired GM’s stake in May 2025 and now fully owns the site, with a production capacity of 50 GWh per year. LG Energy said the contract includes options to extend the supply period by up to seven years and boost volumes based on further consultations.

For the broader industry, the ripple effects are significant. This deal signals that domestic battery manufacturing can be financially viable and not just aspirational. Utilities, energy developers, and rival automakers will take note as American-made LFP supply becomes a competitive reality rather than a distant promise.

For consumers, the benefits will take time but are real. A more resilient, U.S.-based supply chain means fewer price shocks from trade disputes, more stable Megapack availability for the grid storage projects that reduce electricity costs, and long-term downward pressure on energy storage prices as domestic production scales.

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Deliveries are set to begin in 2027 and run through mid-2030, and as grid storage demand accelerates, reliable, US-made battery supply is no longer a future ambition. It is becoming a core requirement of the country’s energy strategy.

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