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 Supercharger access has proven to be a challenge for one company
Interestingly, it seems to be the Volkswagen brand specifically that is having issues with compatibility with Tesla Superchargers. Other brands under the VW umbrella, like Audi and Porsche, have already gained access to the charging network.
Tesla Supercharger access has proven to be quite the challenge for one company, as it continues to delay the date that it will enable its owners to charge at the most expansive network in the world.
Tesla Superchargers have been opening up to other brands for well over a year, and many car companies that are manufacturing electric vehicles now have access to the vast network that has over 70,000 locations worldwide.
Tesla to launch Supercharger access for VW owners later this year
However, one brand has experienced some issues with what it is calling “technical challenges,” specifically failing to enable cross-compatibility between its vehicles and Tesla Superchargers.
Volkswagen has had to delay its ability to enable customers to charge at Superchargers because there have been some difficulties getting things to run smoothly. A report from PCMag cites a quote from a Volkswagen spokesperson who said there are still plans to deliver this year, but there have been some delays:
“Volkswagen looks forward to making it possible for ID. Buzz and ID.4 vehicle owners to gain access to the Tesla NACS Partner Superchargers. The timeline has been delayed by technical challenges, and we ask for customers’ patience. We still expect to deliver access this year.”
Interestingly, it seems to be the Volkswagen brand specifically that is having issues with compatibility with Tesla Superchargers. Other brands under the VW umbrella, like Audi and Porsche, have already gained access to the charging network.
Volkswagen EV owners will need to use an official VW adapter to access the Tesla Supercharger Network once the issues are resolved. It still plans to launch access to its owners later this year, but its spokesperson did not announce any planned timeline.
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Tesla Giga Berlin makes big move amid strong sales and demand
“We currently have very good sales figures and have therefore revised our production plans for the third and fourth quarters upwards.”
Tesla is making a big move at its factory in Germany, known as Giga Berlin, as managers at the plant have indicated the company plans to increase its production rate for the remainder of the year.
Giga Berlin is responsible for manufacturing Model Y vehicles for several markets worldwide, including those outside of Europe. It was opened in March 2022, and it recently built its 500,000th Model Y in March and its 100,000th new Model Y just three weeks ago.
Due to some encouraging sales figures in the markets it provides vehicles for, Tesla said it is planning to increase production at the factory for the remainder of the year.
Andrè Thierig, plant manager at Giga Berlin, said to German news outlet DPA on Sunday that market data has encouraged a move to be made regarding the production at the factory:
“We currently have very good sales figures and have therefore revised our production plans for the third and fourth quarters upwards.”
It is interesting to see this kind of narrative from Thierig, especially as data has shown Tesla has struggled in various markets, including Germany, this year.
Sales drops have been reported, but other markets are holding strong, especially those in Northern Europe, such as Norway, where the Model Y saw a nearly 39 percent increase in sales in August compared to the same month the previous year.
Gigafactory Berlin supplies vehicles for other markets, such as Canada, Australia, and New Zealand, which are strategically important to avoid tariffs. It also builds cars for the Middle East.
Thierig reiterated this point during the interview with DPA:
“We supply well over 30 markets and definitely see a positive trend there.”
Elon Musk
Tesla analyst says Musk stock buy should send this signal to investors
“With Musk’s (Tesla stock) purchase, combined with the upward momentum for delivery expectations and robotaxi rollout, we are becoming more bullish.”
Tesla CEO Elon Musk purchased roughly $1 billion in Tesla shares on Friday, and analysts are now breaking down the move as the stock is headed upward.
One of them is William Blair analyst Jed Dorsheimer, who said in a new note to investors on Monday that Musk’s move should send a signal of confidence to stock buyers, especially considering the company’s numerous catalysts that currently exist.
Elon Musk just bought $1 billion in Tesla stock, his biggest purchase ever
Dorsheimer said in the note:
“With Musk’s (Tesla stock) purchase, combined with the upward momentum for delivery expectations and robotaxi rollout, we are becoming more bullish. This purchase is Musk’s first buy since 2020. To us, this sends a strong signal of confidence in the most important part of Tesla’s future business, robotaxi.”
Musk putting an additional $1 billion back into the company in the form of more stock ownership is obviously a huge vote of confidence.
He knows more than anyone about the progress Tesla has made and is making on the Robotaxi platform, as well as the company’s ongoing efforts to solve vehicle autonomy. If he’s buying stock, it is more than likely a good sign.
Tesla has continued to expand its Robotaxi platform in a number of ways. The project has gotten bigger in terms of service area, vehicle fleet, and testing population. Tesla has also recently received a permit to test in Nevada, unlocking the potential to expand into a brand-new state for the company.
In the note, Dorsheimer also touched on Musk’s recent pay package, revealing that William Blair recently met with Tesla’s Board of Directors, who gave the firm some more color on the situation:
“We recently participated in a meeting with Tesla’s board of directors to discuss the details of Musk’s performance package. The board is confident of its position in the Delaware case and anticipates a verdict by end of year. It does not expect a similar situation to occur under new Texas jurisdiction. Musk has the board’s full support, and we expect he’ll get more than enough shareholder support for this to pass with flying colors.”
Tesla stock is up over 6 percent so far today, trading at $421.50 at the time of publication.
Tesla Supercharger access has proven to be a challenge for one company
Tesla Giga Berlin makes big move amid strong sales and demand
Tesla analyst says Musk stock buy should send this signal to investors
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