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 loses Director who designed one of the company’s best features
Thomas Dmytryk, who has spent over 11 years with Tesla and helped to develop Over-the-Air updates and the company’s vehicles’ ability to utilize them to improve, has decided to leave.
Tesla has lost the director who designed one of the company’s best features: Over-the-Air updates.
Thomas Dmytryk, who has spent over 11 years with Tesla and helped to develop Over-the-Air updates and the company’s vehicles’ ability to utilize them to improve, has decided to leave. In a lengthy statement on LinkedIn, Dmytryk said that he’s “closing the book.” He had nothing but good things to say:
“After 11 incredible years at Tesla, I’m closing the book. It’s been the ride of a lifetime: always on the news, innovating relentlessly, constantly pushing the limits. Tesla is THE place for talented, passionate people. I feel insanely lucky to have been part in that culture for so long.”
It appears the intense lifestyle of developing and creating intensively for so long might have caught up to Dmytryk, who did not give his definitive plans for the future, and it appears he may be taking some time off before jumping into a new venture:
“The future? Extremely bright. Ambitions intact, just getting started as a transformative company that could elevate billions of lives. So why leave now?! Human life’s always been my North Star, right now I need to be with mines. I’ve always admired Tesla’s top leadership and vision. But what I’ve always found incredible is the tenacity, brilliance and devotion of people on the front line. YOU make Tesla unstoppable. I wish you all the best and of course EPIC wins.”
The move was first reported by NotaTeslaApp.
Over-the-Air updates are among Tesla’s best features. They are used to improve the Full Self-Driving suite, add features, remedy recalls, and more. Many vehicles have the ability to receive OTA updates, as I did in a Ford Bronco previous to my Model Y. However, Tesla does them better than anyone else: they’re seamless, effective, and frequent. Your car always improves.
The move is a blow to Tesla, of course, considering Dmytryk’s massive contribution to the company and extremely long tenure spent, but not something that is overwhelmingly detrimental. Tesla deals with a lot of extremely intelligent people, some of whom are the best in their field, so they are sure to find a suitable replacement.
However, it’s no secret that the company has been losing some of its top talent, some of whom were in executive roles. Some have left to take on new projects, and others have not revealed their career plans.
It seems at least some of those employees are simply deciding to walk away and try new things after working so hard for so long. According to Dmytryk’s LinkedIn, he also played a large part in Musk’s acquisition of X, as he stated he “worked at Twitter/X ~45/week while working at the same pace for Tesla.”
That averages a 13-hour day, seven days a week, or 18 hours for the normal five-day work week.
News
Tesla’s most wanted Model Y heads to new region with no sign of U.S. entry
Unlike the standard Model Y, the “L” stretches the wheelbase by roughly 150 mm and the overall length by about 177 mm to 4,976 mm. The result is a genuine 2-2-2 seating layout that gives six adults proper legroom and cargo space — a true family hauler without the cramped third-row compromises of many three-row SUVs.
Tesla’s most wanted Model Y configuration is heading to a new region, and although U.S. fans and owners have requested the vehicle since its release last year, it appears the company has no plans to bring it to the market.
According to fresh regulatory filings, the six-seat Model Y L is coming to South Korea with signs indicating an imminent launch. The extended-wheelbase configuration, already a hit in China, just cleared energy-efficiency certification from the Korea Energy Agency, paving the way for deliveries as early as the first half of 2026.
The vehicle is already built at Tesla’s Giga Shanghai facility in China, making it an ideal candidate for the Asian market, as well as the European one, as the factory has been known as a bit of an export hub in the past.
$TSLA
BREAKING: The official launch of Tesla Model Y L in S.Korea seems to be quite imminent.Additional credentials related to Model YL were released today.
✅ Battery Manufacturer: LG Energy Solutions
✅ Number of passengers: 6 people
✅ Total battery capacity: 97.25 kWh… pic.twitter.com/hmy64XYi80— Tsla Chan (@Tslachan) March 6, 2026
It seems like Tesla was prepping for this release anyway, as the timing was no accident. A camouflaged Model Y L prototype was spotted testing on Korean highways the same day the certification dropped. Tesla has already secured similar approvals for Australia and New Zealand, with both markets expecting the larger Model Y in 2026.
Unlike the standard Model Y, the “L” stretches the wheelbase by roughly 150 mm and the overall length by about 177 mm to 4,976 mm. The result is a genuine 2-2-2 seating layout that gives six adults proper legroom and cargo space — a true family hauler without the cramped third-row compromises of many three-row SUVs.
South Korean filings list it as an all-wheel-drive imported electric passenger vehicle with a 97.25 kWh total battery capacity supplied by LG Energy Solution. Local tests show an impressive 543 km (337 miles) combined range at room temperature and 454 km (282 miles) in colder conditions, easing one of the biggest concerns for Korean EV buyers.
Tesla Model Y lineup expansion signals an uncomfortable reality for consumers
But for U.S. fans, things are not looking good for a launch in the market.
CEO Elon Musk has been blunt. The six-seater “wouldn’t arrive in the U.S. until late 2026, if ever,” he said, pointing to the company’s heavy bet on unsupervised Full Self-Driving and robotaxi platforms like the Cybercab. With the Model X slated for discontinuation, many families hoped the stretched Model Y would slide into the lineup as an affordable three-row bridge. So far, that hope remains unfulfilled.
For now, South Korean drivers will be among the first buyers outside China to enjoy the spacious, efficient Model Y L. Tesla continues its global rollout strategy, tailoring vehicles to regional tastes while North American customers keep refreshing their apps and crossing their fingers.
The Model Y L proves the appetite for practical, family-sized electric SUVs is stronger than ever. Hopefully, Tesla will listen to its fans and bring the vehicle to the U.S. where it would likely sell well.
Elon Musk
Tesla is ramping up its advertising strategy on social media
Tesla has long stood out in the automotive world for its unconventional approach to advertising—or, more accurately, its near-total avoidance of it. For over a decade, the company spent virtually nothing on traditional marketing.
Tesla seems to be ramping up its advertising strategy on social media once again. Marketing and advertising have not been a major focus of Tesla’s, something that has brought some criticism to the company from its fans.
However, the company looks to be making adjustments to that narrative, as it has at times in the past, as ads were spotted on several different platforms over the past few days.
On Facebook and YouTube, ads were spotted that were evidently placed by Tesla. On Facebook, Tesla was advertising Full Self-Driving, and on YouTube, an ad for its Energy Division was spotted:
Tesla also threw up some ads on YouTube for Energy https://t.co/19DGQMjBsA pic.twitter.com/XQRfgaDKxY
— TESLARATI (@Teslarati) March 9, 2026
Tesla has long stood out in the automotive world for its unconventional approach to advertising—or, more accurately, its near-total avoidance of it. For over a decade, the company spent virtually nothing on traditional marketing.
In 2022, Tesla’s U.S. ad spend was roughly $152,000, a rounding error compared to General Motors’ $3.6 billion the following year.
Traditional automakers averaged about $495 per vehicle on ads; Tesla spent $0. CEOElon Musk’s stance was explicit: “Tesla does not advertise or pay for endorsements,” he posted on X in 2019. “Instead, we use that money to make the product great.”
The strategy relied on word-of-mouth from delighted owners, Elon’s massive X following, viral product launches, media frenzy, and customer referrals. A great product, Musk argued, sells itself. It does not need Super Bowl spots or billboards. Resources poured into R&D instead, with Tesla investing nearly $3,000 per car, far more than rivals.
Tesla counters jab at lack of advertising with perfect response
This reluctance wasn’t arrogance; it was philosophy, and Musk made it clear that the money was better spent on the product. Heavy spending on ads was seen as wasteful when innovation and authenticity drove organic demand. Shareholder calls for marketing budgets were ignored.
The current shift, paid Facebook ads promoting Full Self-Driving (Supervised) and YouTube Shorts offering up to $1,000 back on Powerwall batteries, marks a pragmatic evolution.
These targeted campaigns coincide with the end of one-time FSD purchases and a March 31 deadline for FSD transfer eligibility on new vehicles.
This move likely signals Tesla adapting to scale, as well as a more concerted effort to stop misinformation regarding its platform. As EV competition intensifies and the company bets big on robotaxis and energy storage, pure organic buzz may not suffice to hit adoption targets. Selective digital ads allow precise, cost-effective reach without abandoning core principles.
If successful, it could foreshadow measured expansion into marketing, boosting high-margin software and home energy revenue while preserving Tesla’s innovative edge. But, it’s nice to see the strategy return, especially as Tesla has been reluctant to change its mind in the past.