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
The Teslarati team would appreciate hearing from you. If you have any tips, contact me at maria@teslarati.com or via Twitter @Writer_01001101.
-->
News
Tesla Europe rolls out FSD ride-alongs in the Netherlands’ holiday campaign
The festive event series comes amid Tesla’s ongoing push for regulatory approval of FSD across Europe.
Tesla Europe has announced that its “Future Holidays” campaign will feature Full Self-Driving (Supervised) ride-along experiences in the Netherlands.
The festive event series comes amid Tesla’s ongoing push for regulatory approval of FSD across Europe.
The Holiday program was announced by Tesla Europe & Middle East in a post on X. “Come get in the spirit with us. Featuring Caraoke, FSD Supervised ride-along experiences, holiday light shows with our S3XY lineup & more,” the company wrote in its post on X.
Per the program’s official website, fun activities will include Caraoke sessions and light shows with the S3XY vehicle lineup. It appears that Optimus will also be making an appearance at the events. Tesla even noted that the humanoid robot will be in “full party spirit,” so things might indeed be quite fun.
“This season, we’re introducing you to the fun of the future. Register for our holiday events to meet our robots, see if you can spot the Bot to win prizes, and check out our selection of exclusive merchandise and limited-edition gifts. Discover Tesla activities near you and discover what makes the future so festive,” Tesla wrote on its official website.
-->This announcement aligns with Tesla’s accelerating FSD efforts in Europe, where supervised ride-alongs could help demonstrate the tech to regulators and customers. The Netherlands, with its urban traffic and progressive EV policies, could serve as an ideal and valuable testing ground for FSD.
Tesla is currently hard at work pushing for the rollout of FSD to several European countries. Tesla has received approval to operate 19 FSD test vehicles on Spain’s roads, though this number could increase as the program develops. As per the Dirección General de Tráfico (DGT), Tesla would be able to operate its FSD fleet on any national route across Spain. Recent job openings also hint at Tesla starting FSD tests in Austria. Apart from this, the company is also holding FSD demonstrations in Germany, France, and Italy.
News
Tesla sees sharp November rebound in China as Model Y demand surges
New data from the China Passenger Car Association (CPCA) shows a 9.95% year-on-year increase and a 40.98% jump month-over-month.
Tesla’s sales momentum in China strengthened in November, with wholesale volumes rising to 86,700 units, reversing a slowdown seen in October.
New data from the China Passenger Car Association (CPCA) shows a 9.95% year-on-year increase and a 40.98% jump month-over-month. This was partly driven by tightened delivery windows, targeted marketing, and buyers moving to secure vehicles before changes to national purchase tax incentives take effect.
Tesla’s November rebound coincided with a noticeable spike in Model Y interest across China. Delivery wait times extended multiple times over the month, jumping from an initial 2–5 weeks to estimated handovers in January and February 2026 for most five-seat variants. Only the six-seat Model Y L kept its 4–8 week estimated delivery timeframe.
The company amplified these delivery updates across its Chinese social media channels, urging buyers to lock in orders early to secure 2025 delivery slots and preserve eligibility for current purchase tax incentives, as noted in a CNEV Post report. Tesla also highlighted that new inventory-built Model Y units were available for customers seeking guaranteed handovers before December 31.
This combination of urgency marketing and genuine supply-demand pressure seemed to have helped boost November’s volumes, stabilizing what had been a year marked by several months of year-over-year declines.
-->For the January–November period, Tesla China recorded 754,561 wholesale units, an 8.30% decline compared to the same period last year. The company’s Shanghai Gigafactory continues to operate as both a domestic production base and a major global export hub, building the Model 3 and Model Y for markets across Asia, Europe, and the Middle East, among other territories.
Tesla bear Michael Burry got blunt with his beliefs over the company’s valuation, which he called “ridiculously overvalued” in a newsletter to subscribers this past weekend.
“Tesla’s market capitalization is ridiculously overvalued today and has been for a good long time,” Burry, who was the inspiration for the movie The Big Short, and was portrayed by Christian Bale.
Burry went on to say, “As an aside, the Elon cult was all-in on electric cars until competition showed up, then all-in on autonomous driving until competition showed up, and now is all-in on robots — until competition shows up.”
Tesla bear Michael Burry ditches bet against $TSLA, says ‘media inflated’ the situation
For a long time, Burry has been skeptical of Tesla, its stock, and its CEO, Elon Musk, even placing a $530 million bet against shares several years ago. Eventually, Burry’s short position extended to other supporters of the company, including ARK Invest.
Tesla has long drawn skepticism from investors and more traditional analysts, who believe its valuation is overblown. However, the company is not traded as a traditional stock, something that other Wall Street firms have recognized.
While many believe the company has some serious pull as an automaker, an identity that helped it reach the valuation it has, Tesla has more than transformed into a robotics, AI, and self-driving play, pulling itself into the realm of some of the most recognizable stocks in tech.
Burry’s Scion Asset Management has put its money where its mouth is against Tesla stock on several occasions, but the firm has not yielded positive results, as shares have increased in value since 2020 by over 115 percent. The firm closed in May.
In 2020, it launched its short position, but by October 2021, it had ditched that position.
Tesla has had a tumultuous year on Wall Street, dipping significantly to around the $220 mark at one point. However, it rebounded significantly in September, climbing back up to the $400 region, as it currently trades at around $430.
It closed at $430.14 on Monday.
Tesla Europe rolls out FSD ride-alongs in the Netherlands’ holiday campaign
Tesla sees sharp November rebound in China as Model Y demand surges
