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 China delivery centers look packed as 2025 comes to a close
Needless to say, it appears that Tesla China seems intent on ending 2025 on a strong note.
Tesla’s delivery centers in China seem to be absolutely packed as the final days of 2025 wind down, with photos on social media showing delivery locations being filled wall-to-wall with vehicles waiting for their new owners.
Needless to say, it appears that Tesla China seems intent on ending 2025 on a strong note.
Full delivery center hints at year-end demand surge
A recent image from a Chinese delivery center posted by industry watcher @Tslachan on X revealed rows upon rows of freshly prepared Model Y and Model 3 units, some of which were adorned with red bows and teddy bears. Some customers also seem to be looking over their vehicles with Tesla delivery staff.
The images hint at a strong year-end push to clear inventory and deliver as many vehicles as possible. Interestingly enough, several Model Y L vehicles could be seen in the photos, hinting at the demand for the extended wheelbase-six seat variant of the best-selling all-electric crossover.
Strong demand in China
Consumer demand for the Model Y and Model 3 in China seems to be quite notable. This could be inferred from the estimated delivery dates for the Model 3 and Model Y, which have been extended to February 2026 for several variants. Apart from this, the Model Y and Model 3 also continue to rank well in China’s premium EV segment.
From January to November alone, the Model Y took China’s number one spot in the RMB 200,000-RMB 300,000 segment for electric vehicles, selling 359,463 units. The Model 3 sedan took third place, selling 172,392. This is quite impressive considering that both the Model Y and Model 3 are still priced at a premium compared to some of their rivals, such as the Xiaomi SU7 and YU7.
With delivery centers in December being quite busy, it does seem like Tesla China will end the year on a strong note once more.
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Tesla Giga Berlin draws “red line” over IG Metall union’s 35-hour week demands
Factory manager André Thierig has drawn a “red line” against reducing Giga Berlin’s workweek to 35 hours, while highlighting that Tesla has actually increased its workers’ salaries more substantially than other carmakers in the country.
Tesla Giga Berlin has found itself in a new labor dispute in Germany, where union IG Metall is pushing for adoption of a collective agreement to boost wages and implement changes, such as a 35-hour workweek.
In a comment, Giga Berlin manager André Thierig drew a “red line” against reducing Giga Berlin’s workweek to 35 hours, while highlighting that Tesla has actually increased its workers’ salaries more substantially than other carmakers in the country.
Tesla factory manager’s “red line”
Tesla Germany is expected to hold a works council election in 2026, which André Thierig considers very important. As per the Giga Berlin plant manager, Giga Berlin’s plant expansion plans might be put on hold if the election favors the union. He also spoke against some of the changes that IG Metall is seeking to implement in the factory, like a 35-hour week, as noted in an rbb24 report.
“The discussion about a 35-hour week is a red line for me. We will not cross it,” Theirig said.
“(The election) will determine whether we can continue our successful path in the future in an independent, flexible, and unbureaucratic manner. Personally, I cannot imagine that the decision-makers in the USA will continue to push ahead with the factory expansion if the election results favor IG Metall.”
Giga Berlin’s wage increase
IG Metall district manager Jan Otto told the German news agency DPA that without a collective agreement, Tesla’s wages remain significantly below levels at other German car factories. He noted the company excuses this by referencing its lowest pay grade, but added: “The two lowest pay grades are not even used in car factories.”
In response, Tesla noted that it has raised the wages of Gigafactory Berlin’s workers more than their German competitors. Thierig noted that with a collective agreement, Giga Berlin’s workers would have seen a 2% wage increase this year. But thanks to Tesla not being unionized, Gigafactory Berlin workers were able to receive a 4% increase, as noted in a CarUp report.
“There was a wage increase of 2% this year in the current collective agreement. Because we are in a different economic situation than the industry as a whole, we were able to double the wages – by 4%. Since production started, this corresponds to a wage increase of more than 25% in less than four years,” Thierig stated.
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Tesla is seeing a lot of momentum from young Koreans in their 20s-30s: report
From January to November, young buyers purchased over 21,000 Teslas, putting it far ahead of fellow imported rivals like BMW and Mercedes-Benz.
Tesla has captured the hearts of South Korea’s 20s-30s demographic, emerging as the group’s top-selling imported car brand in 2025. From January to November, young buyers purchased over 21,000 Teslas, putting it far ahead of fellow imported rivals like BMW and Mercedes-Benz.
Industry experts cited by The Economist attributed this “Tesla frenzy” to fandom culture, where buyers prioritize the brand over traditional car attributes, similar to snapping up the latest iPhone.
Model Y dominates among young buyers
Data from the Korea Imported Automobile Association showed that Tesla sold 21,757 vehicles to the 20s-30s demographic through November, compared to BMW’s 13,666 and Mercedes-Benz’s 6,983. The Model Y led the list overwhelmingly, with variants like the standard and Long Range models topping purchases for both young men and women.
Young men bought around 16,000 Teslas, mostly Model Y (over 15,000 units), followed by Model 3. Young women followed a similar pattern, favoring Model Y (3,888 units) and Model 3 (1,083 units). The Cybertruck saw minimal sales in this group.
The Model Y’s appeal lies in its family-friendly SUV design, 400-500 km range, quick acceleration, and spacious cargo, which is ideal for commuting and leisure. The Model 3, on the other hand, serves as an accessible entry point with lower pricing, which is valuable considering the country’s EV subsidies.
The Tesla boom
Experts described Tesla’s popularity as “fandom culture,” where young buyers embrace the brand despite criticisms from skeptics. Professor Lee Ho-geun called Tesla a “typical early adopter brand,” comparing purchases to iPhones.
Professor Kim Pil-soo noted that young people view Tesla more as a gadget than a car, and they are likely drawn by marketing, subsidies, and perceived value. They also tend to overlook news of numerous recalls, which are mostly over-the-air software updates, and controversies tied to the company.
Tesla’s position as Korea’s top import for 2025 seems secured. As noted by the publication, Tesla’s December sales figures have not been reported yet, but market analysts have suggested that Tesla has all but secured the top spot among the country’s imported cars this year.
Tesla China delivery centers look packed as 2025 comes to a close
Tesla Giga Berlin draws “red line” over IG Metall union’s 35-hour week demands
