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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Elon Musk
SpaceX maintains unbelievable Starship target despite Booster 18 incident
It appears that it will take more than an anomaly to stop SpaceX’s march towards Starship V3’s refinement.
SpaceX recently shared an incredibly ambitious and bold update about Starship V3’s 12th test flight.
Despite the anomaly that damaged Booster 18, SpaceX maintained that it was still following its plans for the upgraded spacecraft and booster for the coming months. Needless to say, it appears that it will take more than an anomaly to stop SpaceX’s march towards Starship V3’s refinement.
Starship V3 is still on a rapid development path
SpaceX’s update was posted through the private space company’s official account on social media platform X. As per the company, “the Starbase team plans to have the next Super Heavy booster stacked in December, which puts it on pace with the test schedule planned for the first Starship V3 vehicle and associated ground systems.”
SpaceX then announced that Starship V3’s maiden flight is still expected to happen early next year. “Starship’s twelfth flight test remains targeted for the first quarter of 2026,” the company wrote in its post on X.
Elon Musk mentioned a similar timeline on X earlier this year. In the lead up to Starshp Flight 11, which proved flawless, Musk stated that “Starship V3 is a massive upgrade from the current V2 and should be through production and testing by end of year, with heavy flight activity next year.” Musk has also mentioned that Starship V3 should be good enough to use for initial Mars missions.
Booster 18 failure not slowing Starship V3’s schedule
SpaceX’s bold update came after Booster 18 experienced a major anomaly during gas system pressure testing at SpaceX’s Massey facility in Starbase, Texas. SpaceX confirmed in a post on X that no propellant was loaded, no engines were installed, and personnel were positioned at a safe distance when the booster’s lower section crumpled, resulting in no injuries.
Still, livestream footage showed significant damage around the liquid oxygen tank area of Booster 18, leading observers to speculate that the booster was a total loss. Booster 18 was among the earliest vehicles in the Starship V3 series, making the failure notable. Despite the setback, Starship V3’s development plans appear unchanged, with SpaceX pushing ahead of its Q1 2026 test flight target.
News
Tesla Sweden faces fresh union blockade at key Gothenburg paint shop
Allround Lack works with painting and damage repair of passenger cars, including Teslas.
Tesla’s ongoing labor conflict in Sweden escalated again as the trade union IF Metall issued a new blockade halting all Tesla paintwork at Allround Lack in Gothenburg.
Allround Lack works with painting and damage repair of passenger cars, including Teslas. It currently employs about 20 employees.
Yet another blockade against Tesla Sweden
IF Metall’s latest notice ordered a full work stoppage for all Tesla-related activity at Allround Lack. With the blockade in place, paint jobs on Tesla-owned vehicles, factory-warranty repairs, and transport-damage fixes, will be effectively frozen, as noted in a report from Dagens Arbete. While Allround Lack is a small paint shop, its work with Tesla means that the blockade would add challenges to the company’s operations in Sweden, at least to some degree.
Paint shop blockades have been a recurring tool in the longstanding conflict. The first appeared in late 2023, when repair shops were barred from servicing Tesla vehicles. Days later, the Painters’ Union implemented a nationwide halt on Tesla paint work across more than 100 shops. Since then, a steady stream of workshops has been pulled into the conflict.
Earlier blockades faced backlash from consumers
The sweeping effects of the early blockades drew criticism from industry groups and consumers. Employers and industry organization Transportföretagen stated that the strikes harmed numerous workshops across Sweden, with about 10 of its members losing about 50% of their revenue.
Private owners also expressed their objections. Tibor Blomhäll, chairman of Tesla Club Sweden, told DA in a previous statement that the blockades from IF Metall gave the impression that the union was specifically attacking consumers. “If I get parking damage to my car, I pay for the paint myself. The company Tesla is not involved in that deal at all. So many people felt singled out, almost stigmatized. What have I done as a private individual to get a union against me?” Blomhäll stated.
In response to these complaints, IF Metall introduced exemptions, allowing severely damaged vehicles to be repaired. The union later reopened access for private owners at workshops with collective agreements. The blockades at the workshops were also reformulated to only apply to work that is “ordered by Tesla on Tesla’s own cars, as well as work covered by factory warranties and transport damage on Tesla cars.”
News
Tesla breaks Norway’s all-time annual sales record with one month to spare
With November alone delivering 4,260 new registrations, Tesla has cemented its most dominant year ever in one of Europe’s most mature EV markets.
Tesla shattered Norway’s decade-old annual sales record this month, overtaking Volkswagen’s long-standing milestone with over one month still left in the year. Backed by surging demand ahead of Norway’s upcoming VAT changes, Tesla has already registered 26,666 vehicles year-to-date, surpassing Volkswagen’s 2016 record of 26,572 units.
With November alone delivering 4,260 new registrations month-to-date, Tesla has cemented its most dominant year ever in one of Europe’s most mature EV markets.
Model Y drives historic surge in Norway
Tesla’s impressive momentum has been led overwhelmingly by the Model Y, which accounted for 21,517 of Norway’s registrations this year, as noted in a CarUp report, citing data from Elbil Statistik. The Model 3 followed with 5,087 units, while the Model S and Model X contributed 30 and 19 vehicles, respectively. Even the parallel-imported Cybertruck made the charts with 13 registrations.
Demand intensified sharply through autumn as Norwegian buyers rushed to secure deliveries before the country’s VAT changes take effect in January. The new regulation is expected to add roughly NOK 50,000 to the price of a Model Y, prompting a wave of early purchases that helped lift Tesla beyond the previous all-time record well before year-end.
With December still ahead, Tesla is positioned to extend its historic lead further. Needless to say, it appears that Norway will prove to be one of Tesla’s strongest markets in Europe.
FSD could be a notable demand driver in 2026
What’s especially interesting about Tesla’s feat in Norway is that the company’s biggest selling point today, Full Self-Driving (Supervised), is not yet available there. Tesla, however, recently noted in a post on X that the Dutch regulator RDW has reportedly committed to issuing a Netherlands national approval for FSD (Supervised) in February 2026.
The RDW posted a response to Tesla’s post, clarifying the February 2026 target but stating that FSD’s approval is not assured yet. “The RDW has drawn up a schedule with Tesla in which Tesla is expected to be able to demonstrate that FSD Supervised meets the requirements in February 2026. RDW and Tesla know what efforts need to be made to make a decision on this in February. Whether the schedule will be met remains to be seen in the coming period,” the RDW wrote in a post on its official wesbite.
If FSD (Supervised) does get approved next year, Tesla’s vehicles could gain a notable advantage over competitors, as they would be the only vehicles on the market capable of driving themselves on both inner-city streets and highways with practically no driver input.
SpaceX maintains unbelievable Starship target despite Booster 18 incident
Tesla Sweden faces fresh union blockade at key Gothenburg paint shop
