Thanks. You have AGAIN confirmed that my opinion is well-founded and correct. Keep on going, you're providing more and more evidence. Perhaps you just don't want to see what's really going on.
Of course. So the M&A person is good. The IP person is completely incompetent. The securities person is inviting trouble, but probably will turn out well. The litigation person is incompetent. I can't speak at all to employment, which is almost invisible from outside, but what little we've seen from leaks doesn't look good to me. As for one other category... in 2013, they clearly didn't actually have anyone at all handling state licensing and regulations (or they were incompetent, I don't know which).
This is still a very bad track record in hiring by Todd Maron.
P.S. Permitting and contracts for superchargers is, according to a leak, done by an outside contractor, apparently with no involvement from Tesla's legal department -- apparently this change is what sped up supercharger installs.
I know for a fact that they've broken the law in black-and-white areas. It does tend to color my view of other areas.
If they think that "we're buying the Australia project batteries from Samsung" isn't material -- if they think "we weren't producing the first 50 prodution cars on a production BIW line, they were hand built" isn't material, uh... sure, this is sort of a grey area. You could claim that this wasn't material. But you'd be wrong.
Citation needed. They've actually given entire POWERPOINT PRESENTATIONS to select groups of investors which they haven't published. It's trivial to publish those; it costs nothing at all. $0. It is cheap and it is easy. It does not require publishing any questions from the investors.
At the moment, I don't think anyone's inclined to complain.... simply because the investors getting these presentations are routinely leaking the information, so it ends up being public quickly anyway. Good for them.
But it's silly for Tesla to rely on that.
Why? Because these investors need to feel, emotionally, like they're doing illegal insider trading, even if they're not really? I suppose that makes sense, if the investors are really emotionally driven.
I'm going to make a contrast: I've followed the actions of legal teams of other companies over the years.
IBM's is unconditionally stellar, always doing everything right. ExxonMobil is arguably evil but tactically extremely effective. Berkshire Hathaway is exceptionally good at all their legal work.
GE, 3M, and several railroad companies I've followed have mediocre but competent legal teams, who are effective most of the time.
Tesla is well below any of those by any external measure. Now, sure, you can say that's just because they're a startup. That's probably true. But they're getting bigger. It's about time they hired a competent in-house general counsel instead of using Elon's divorce lawyer.
OK. This will be my last post on this topic to you because I'm quite sure I can't talk any sense into you. I thought I should speak up to bring you back down to Earth because you are ranting as an uninformed outsider looking in, while I actually work in this field - in this exact environment. Imagine someone outside your area of expertise telling you exactly how things are in your world, complete with exaggerations, incomplete information, absolute certainty in the opinion and handing out Disagrees to the person in the position to actually give an informed opinion based on years of real life experience all the while. It's frustrating.
It is absolutely amazing to me that you proclaim to have the ability to declare multiple presumably hardworking and well-credentialed people as totally incompetent - as a complete outsider and with absolutely zero legal training yourself. That's...curious. You base this off a few minor pet issues that you are not even qualified to evaluate (e.g., quality of low-level legal briefs you claim you could write better...ok). You don't see 98% of these folks' work output (substantially all is internal) and you feel perfectly fine going on a public forum and blasting them all as incompetent. Alrighty then.
Your view of "material" investor information - from a legal standpoint - is simply wrong. The Samsung thing and hand-built thing most likely do not meet the test, despite your self-assured 100% certain proclamation otherwise. Is the information new? Yes. Is it interesting? Yes. That's not enough to make it material in the eyes of the law. You aren't going to base an investment decision on a battery supply chain fact for one project (yes, even if it's big) and the build status of 30 cars. Even if you disagree on this point, realize that it is a gray area and Tesla knows the SEC isn't going to bring action against them for something this minor and questionable. The SEC prefers easy wins (like hiding or deliberately misstating bet-the-company type of issues).
Your point about the cost of making things available on the website being $0 is just hopeless. It's clear to me you have not worked in this type of corporate environment in this type of role. You realize these slides aren't put together on the fly, right? The audience causes the entire calculus to change in preparing the materials. One slide deck can cost $100k, easily, and often much more. If it's headed for broad dissemination it's basically treated like earnings materials. It's put together by a team consisting of Legal, IR, FP&A, Marketing, outside lawyers, PR consultants, investment bankers, other third party consultants and possibly other internal teams, depending on content. If published, you need to get web design, IT, third party vendors and other areas involved. Not to mention all the costs involved if there will be live Q&A and other bells and whistles, transcribers, sign language interpreters, etc. It's not just the money, either - it's the time. Do you have any idea how long it takes to get sign-off on all these things?
Compare to a presentation intended for a narrow, sophisticated investment audience. It can be focused and put together by a small team with the requisite expertise, with minor Legal oversight. That doesn't mean it has secret, different material information - it means it doesn't have to be dumbed down for the world to understand and can be less polished.
The slippery slope thing is a real concern, by the way. If Tesla gives us more access, guess what? It's never enough. People will demand more and more and keep moving the goalposts. Those clamoring for more access will never be satisfied and IR knows that. Let them run their business.
OK. Go ahead and give me that disagree again, twist my response to declare that it actually supports your 100% correct argument and continue ranting about how people you don't even know are totally incompetent in a public forum for another 30 paragraphs. Last word is yours.