Tesla, TSLA & the Investment World: the Perpetual Investors' Roundtable

[Fact Checking]

'I was very impressed with Judge Nathan's analysis," Musk said as he stepped onto an elevator after the hearing​

 

[Fact Checking]

It does not seem to me she would even fine Elon,

You cannot be held in contempt of an ambiguous order, and there can be no sanctions without a violation.

 

[mrdoubleb]

about what I expected. embarrassing loss for the SEC with both sides admonished.

you're not objective here, you're a superbull with no legal expertise

 

[MarcusMaximus]

So it appears the judge did not want to focus on or discuss whether Musk's tweet was material or whether he violated the agreement. She focused a bit on the "who can decide what's material" the parties, but only to make her point the parties clearly do not interpret the agreement the same ways, hence it fails the threshold of ambiguity and is such not enforceable. It does not seem to me she would even fine Elon, she says, get back to the table and write a clearer deal you can both work with in the future before you come complaining to the court.

Not a lawyer either, so my 2 cent only.

Agreed. She’s tired of the squabbling.

 

[humbaba]

'I was very impressed with Judge Nathan's analysis," Musk said as he stepped onto an elevator after the hearing​

It would've been nice to not had a hostile journalist there covering the hearing. Even those snippets were juxtaposed with other comments to try and make Musk look bad.

For those arguing that advertising dollars would sway media presentation: bloomberg and business insider have staked their position on Tesla, and it is to propagate negative views. Advertising might cause NYT to lighten up, but not these bastions of sewage.

 

[mongo]

Agreed. She’s tired of the squabbling.

From one side...

 

[Intl Professor]

Not being a lawyer doesn't mean you are wrong...

Sometimes the law is an ass, too. Not a lawyer, but is this Blackstone?

 

[j6Lpi429@3j]

Seriously, who pays attention to advertising? Did you ever buy car because of an advert? I didn't. Mostly it has been because of recommendation or just seeing something in the streets that I liked the look of and then researching it.

This is kinda my area...
In short. You are wrong. Advertising is not designed any more for you to pay attention to. It ACTIVELY targets your subconscious. It also works. 100%. It definitely works, on everyone, including you. If it didn't, i wouldn't be able to afford my tesla...
Read 'the advertised mind', and then tell me if you think ads do not work on you.

 

[agloutney]

'I was very impressed with Judge Nathan's analysis," Musk said as he stepped onto an elevator after the hearing​

You ARE Elon! Looks like Neuralink works from the court room!

 

[Causalien]

Not being a lawyer myself I'm glad to hear this because it confirms my own take. She is giving them a chance to reconcile (save the agreement), otherwise the gloves come off.

The thing is, I'm not sure there's really anything Tesla can do that would satisfy the SEC short of him resigning or at least agreeing to a prior restraint on his speech. Given the rabidity displayed by the SEC and the unacceptableness of their demands I think it is most likely going to revive the case.

Reviving the case sounds like a good idea. Is the worst outcome 40 mil fine and Elon barred from twitting?

 

[Fact Checking]

Could be that she has already determined that there has been no meeting of the minds on the CD which woid likely mean it is invalid unless the parties can agree to what it actually means. If they can't agree she may I validate it and go back to the 420 tweet case

This would be an opening for Elon to invalidate the settlement, but maybe they can refine the settlement. Both variants have risks.

 

[mongo]

You ARE Elon! Looks like Neuralink works from the court room!

The great thing about simulations is that you can use the data from one in the other...

 

[ccorda]

​

It's unclear whether Hueston argued materialness, there was that "gap" in Bloomberg's reporting. Maybe there are going to be full transcripts.

Much better summary in this twitter thread:
Adam Klasfeld on Twitter

 

[MarcusMaximus]

From one side...

She explicitly called out the SEC here, yes, but I think she also just doesn’t want this to keep coming back every month or two with some new “is it or isn’t it?” tweet they can’t agree on. Reading through that, my impression is that, regardless of who it’s better/worse for, she wants a resolution that’s actually fully clear as to what does and doesn’t need preapproval.

 

[Fact Checking]

Reviving the case sounfs like a good idea. Is the worst outcome 40 mil fine and Elon barred from twitting?

No. The worst outcome of losing that trial would be the original sanctions: removal as CEO.

40mil + careful tweeting was the settlement.

 

[humbaba]

Much better summary in this twitter thread:
Adam Klasfeld on Twitter

That is much better and makes crystal clear from the outset that the judge is completely unamused by the SEC. Going to be a good read, wish I'd been following this instead.

 

[Drax7]

Where is that pathetic Jim Cramer pretending to know the law,
Spewing misinformation even though he has a Harvard law degree.

 

[Fact Checking]

Much better summary in this twitter thread:
Adam Klasfeld on Twitter

Wow:

Noting the SEC's reluctance to give categorical answers, Nathan says: "Tell me what authority you have for imposition of contempt, when you have... what you just described."

...

As should be obvious by now, Nathan appears deeply skeptical that "reasonably could contain" is language that is "clear and unambiguous," under the standard for imposing sanctions for a breach.​

So Bloomberg not only "forgot" to update about Elon's arguments, but didn't report about the judge questioning the SEC's legal theory...

 

[lklundin]

'I was very impressed with Judge Nathan's analysis," Musk said as he stepped onto an elevator after the hearing​

- and as you previously speculated, the judge did get to meet the admirer of the US justice system.

 

[mongo]

She explicitly called out the SEC here, yes, but I think she also just doesn’t want this to keep coming back every month or two with some new “is it or isn’t it?” tweet they can’t agree on. Reading through that, my impression is that, regardless of who it’s better/worse for, she wants a resolution that’s actually fully clear as to what does and doesn’t need preapproval.

Oh sure, but Elon/Tesla's response on the original settlement was 1 sentence total...