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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Tesla starts laying the groundwork for FSD tests in Austria
The job opening comes as the company pushes regulatory approvals and data collection in new European markets.
Tesla seems to be ramping its efforts to hire key personnel for FSD’s eventual expansion in Europe. This was hinted at in a new job listing for a vehicle operator role in Vienna, Austria.
The job opening comes as the company pushes regulatory approvals and data collection in new European markets.
Vienna’s vehicle operator role
Tesla posted the job for “Fahrer (Vehicle Operator) (m/w/d)” in its Vienna office on its Careers website, seeking candidates to drive and monitor test vehicles as part of the Autopilot and AI team. The role involves collecting real-world driving data to refine Full Self-Driving systems for the country’s local roads. Responsibilities include operating vehicles in urban and highway environments, documenting system performance, among other tasks.
Applicants need a valid Austrian driver’s license and at least two years of driving experience. Fluency in English is essential, along with a familiarity with driver assist systems. Tesla noted that the position offers a minimum annual gross salary of EUR 32,000, though relevant professional experience and qualifications will be taken into account. Similar to other Tesla roles, the position also offers TSLA stock as an incentive.
Tesla’s FSD Push in Europe
Tesla’s FSD efforts in Europe have accelerated in recent months, with significant progress in Spain serving as a key milestone. In July 2025, Spain’s Directorate-General for Traffic launched the ES-AV framework to standardize automated vehicle testing, authorizing Tesla for nationwide FSD trials with 19 vehicles under Phase 3, which allows optional onboard safety operators and remote monitoring.
The program, running through November 2027, aims to position Spain as a leader in the field, as DGT stated: “The program is designed to complement and enhance oversight, regulation, research, and transparency efforts, as well as to support innovation and advancements in automotive technology and industry.”
Beyond Spain, Tesla has conducted FSD demonstrations in Germany, France and Italy for consumers, while pursuing national approval in the Netherlands for early 2026.
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Tesla Semi factory looks almost complete during Thanksgiving weekend
Based on recent drone videos, the Tesla Semi factory looks practically ready to start operations.
It appears that the Tesla Semi factory near Giga Nevada is already hard at work preparing for the initial production of the Class 8 all-electric truck. This was, at least, hinted at in a recent drone flyover of the facility from a longtime watcher.
The Tesla Semi factory after Thanksgiving
Drone operator and Tesla Semi advocate @HinrichsZane recently shared some footage he captured of the upcoming facility during the Thanksgiving weekend. Based on his video, it appears that Tesla gave its employees in the area the weekend off. One thing is evident from the video, however, and that is the fact that the Tesla Semi factory looks practically ready to start operations.
The Tesla Semi watcher did point out that the electric vehicle maker is still busy bringing in production equipment into the facility itself. Once these are installed, it would not be surprising if initial production of the Tesla Semi begins.
A new Tesla Semi
The upcoming completion of the Tesla Semi factory near Gigafactory Nevada seems all but inevitable in the coming months. What would be especially interesting, however, would be the vehicles that would be produced on the site. During Elon Musk’s presentation at the 2025 Annual Shareholder Meeting, a glimpse of the production Tesla Semi was shown, and it looks quite a bit different than the Class 8 all-electric truck’s classic appearance.
As could be seen in the graphic from the CEO’s presentation, the updated Tesla Semi will feature slim lightbar headlights similar to the new Tesla Model Y, Cybertruck, and the Cybercab. Tesla also teased a number of aerodynamic improvements that increased the truck’s efficiency to 1.7 kWh per mile. Extended camera units, seemingly for FSD, could also be seen in the graphic.
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Tesla scores major hire as Apple scientist moves to Optimus team
Chen, who advanced from individual contributor to technical lead during his time at Apple, noted that he was blown away by Tesla’s efforts and synergy.
Former Apple research scientist Yilun Chen has left the tech giant to join Tesla’s Optimus AI team. Chen, who advanced from individual contributor to technical lead during his time at Apple, noted that he was blown away by Tesla’s efforts and synergy.
Apple veteran closes a major chapter
In a farewell note, Yilun Chen reflected on his tenure at Apple as a period defined by rapid growth and exposure to notable internal projects, some of which remain unreleased. His roles spanned engineering, research, early product incubation, and hands-on prototyping, allowing him to build expertise across both mature and emerging teams.
Chen credited mentors, colleagues, and cross-functional collaborators for shaping his trajectory, calling the experience unforgettable and emphasizing how each team taught him different lessons about scaling technology, guiding product vision, and navigating fast-moving research environments. “Each role has offered me invaluable unique lessons… My deepest gratitude goes to my colleagues, mentors and friends,” he wrote.
Tesla’s Optimus lab secured the hire
Chen said the move to Tesla was driven by the momentum surrounding Optimus, a humanoid robot powered by LLM-driven reasoning and Physical AI. After visiting Tesla’s Optimus lab, he admitted that he was “totally blown away by the scale and sophistication of the Optimus lab and deep dedication of people when I got to visit the office.”
His first week at Tesla, he noted, involved spontaneous deep-tech discussions, a flat team structure, rapid prototyping cycles, and what he called a “crazy ideas with super-fast iterations” culture. Chen emphasized that the team’s ambition, as well as its belief that humanoid robots are now within reach, creates an energy level that feels aimed at changing the world.
“You can feel the energy to change the world here,” he wrote in a post on social media.
