News & Analysis as of

Elon Musk Securities and Exchange Commission (SEC)

Latham & Watkins LLP

Recent Developments for Directors - August Edition

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Last month, the SEC announced another enforcement action emphasizing the need for early disclosure of cybersecurity events. In the recent action, the company had taken three weeks to act on internal alerts of malware on its...more

Goodwin

Jury Acquits Tesla and Musk of Securities Fraud for 2018 Tweets Regarding Going Private

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On February 3, 2023, in the matter In re Tesla Inc. Securities Litigation, Case No. 3:18-cv-04865, a California federal jury cleared Tesla, Inc. (Tesla), and CEO Elon Musk of claims that they committed securities fraud,...more

Seward & Kissel LLP

Musk Wins Tweet Trial

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On February 3, 2023, a federal California jury found Elon Musk not liable for losses experienced by Tesla investors following his August 2018 tweet stating he had “funding secured” to take the company private. The...more

BCLP

Unusual Musk Trial Highlights Risks Facing Public Company Executives

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Amidst all the controversy and legal proceedings involving Elon Musk, one could overlook the fact that he and his company Tesla are on trial now in U.S. District Court for securities fraud. Yet they are: a jury has been...more

Goodwin

Dismissal of Putative Securities Class Action for Plug Power Inc.

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​​​​​​​On September 29, 2022, U.S. District Judge Edgardo Ramos of the Southern District of New York dismissed a putative securities class action against Plug Power Inc. and certain of its officers. Plaintiff brought suit...more

Goodwin

Dismissal of Putative Securities Class Action for Bellus Health, Inc.

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On September 21, 2022, U.S. District Judge George B. Daniels of the Southern District of New York dismissed with prejudice a putative securities class action against BELLUS Health, Inc. and certain of its officers....more

Goodwin

SEC Sues and Settles Claim Against Investment Adviser Representative For “Cherry-Picking Scheme” After Entry of Cease and Desist...

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​​​​​​​On September 13, 2022, the U.S. Securities and Exchange Commission (“SEC”) announced a settlement with investment advisory firm Buckman Advisory Group LLC (“Buckman Advisory”) and its CEO Harry Buckman Jr. to settle...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #342 – If You Use Twitter, Be Aware and Stay Tuned

This week, in addition to the news-catching, ongoing dispute between Twitter and Elon Musk, Twitter’s former head of cybersecurity, Peiter Zatko, claimed in a whistleblower filing with several federal agencies that Twitter...more

Goodwin

Twitter Brings Suit Against Musk in Delaware Court of Chancery Seeking Specific Performance

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On July 12, 2022, Twitter, Inc. brought a civil action in the Delaware Court of Chancery against Elon Musk, the co-founder and CEO of Tesla Motors, Inc., for breach of contract in an attempt to force Musk to complete his...more

Robins Kaplan LLP

Musk Threatens to Pull Out of Twitter Deal Over Fake Account Data

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Another week, another Elon tantrum. This time, Mr. Musk and his legal team have dispatched a “crisp, six-paragraph letter” to Twitter, accusing it of “actively resisting and thwarting” Musk’s rights while “completing a $44...more

Goodwin

Delaware Chancery Court Clears Musk of Breach of Fiduciary Duty Claim

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On April 27, 2022, the Delaware Court of Chancery in In re Tesla Motors Stockholder Litigation rendered a post-trial verdict finding for Elon Musk, co-founder and CEO of Tesla Motors, Inc., on claims that Musk breached his...more

Robins Kaplan LLP

U.S. Job Openings (and Quits) Hit All-Time Highs

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U.S. job openings remained strong, “with 11.5 million positions listed as available in March, underscoring the continuing strength of the labor market.” The number of workers voluntarily leaving jobs “also reached a high” in...more

Thomas Fox - Compliance Evangelist

Everything Compliance - The Elon Etc Edition

Welcome to the only roundtable podcast in compliance. In 2021, Everything Compliance was honored by W3 as a top talk show in podcasting. In this episode, we have the quintet of Jay Rosen, Jonathan Armstrong, Jonathan Marks,...more

Thomas Fox - Compliance Evangelist

Compliance Into The Weeds - Musk Pulls U-Turn on Twitter Board

Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to explore a subject more. This week, Matt and I take on the strange comings and...more

Farrell Fritz, P.C.

Passive Aggressive: Unpacking Elon Musk’s Beneficial Ownership Filings Regarding Twitter, Inc.

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Elon Musk’s contentious relationship with the Securities and Exchange Commission is likely to become even more complicated as a result of Mr. Musk’s filings with the Commission to report his recent purchases of shares in...more

Robins Kaplan LLP

JetBlue Makes Surprise Bid for Spirit Airlines

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JetBlue has made a last-minute $3.6 billion offer to buy Spirit Airlines, “throwing a wrench into Spirit’s plan to merge with Frontier Airlines and create a behemoth budget carrier.” The offer appears calculated to help...more

Kohrman Jackson & Krantz LLP

The Ongoing Battle Between Musk And The Sec Heats Up Again

ELON’S MUSK TUMULTUOUS HISTORY WITH THE SEC - Tesla’s colorful CEO, Elon Musk, has a history of feuding with the Securities and Exchange Commission (SEC), and it looks like the fight isn’t over. In 2018, the SEC...more

Butler Snow LLP

The SEC – It Just Means More

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The Securities and Exchange Commission (“SEC”) was established by the passage of the Securities and Exchange Act of 1934 following the stock market crash of 1929.sec The Act gave the newly formed SEC power to regulate the...more

Thomas Fox - Compliance Evangelist

FCPA Compliance Report - Karen Woody on Elon Musk Attack on SEC Consent Decree

In this episode of the FCPA Compliance Report, I am joined by Professor Karen Woody from Washington & Lee Law School and discuss the recent filing by attorneys for Elon Musk and Tesla to revoke the previously agreed to...more

Robins Kaplan LLP

Citing Free Speech, Musk & Tesla Seek to End 2018 SEC Settlement Over Twitter Preclearance

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Tesla CEO Elon Musk moved this week in SDNY federal court to “scrap a settlement he reached with securities regulators in 2018 that required some of his tweets to be preapproved, a condition that has fomented an ongoing...more

Robins Kaplan LLP

SEC Investigates Musk Brothers Over Possible Insider Trading

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The SEC is reportedly probing whether recent stock sales by Tesla’s CEO Elon Musk and his brother Kimbal “violated insider-trading rules.” News of the investigation came less than a week after Tesla accused the Commission of...more

Thomas Fox - Compliance Evangelist

Compliance Into The Weeds - Elon Musk and Tesla Redux

Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to explore a subject more fully. This week, Matt and I return to one of Matt's...more

Robins Kaplan LLP

Financial Daily Dose 11.11.2021 | Top Story: Inflation Tops 6% in October, Shakes Markets

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The inflation train continued its runaway pace in October, with the CPI rising 6.2%—the “sharpest increase” since 1990. The news is challenging politically for the administration but also for policymakers at the Fed, who are...more

Robins Kaplan LLP

Financial Daily Dose 6.15.2021 | Top Story: Troubled E-Truck Start-up Lordstown Motors’ CEO and CFO Resign After Board...

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Ailing e-truck startup Lordstown Motors found itself facing more challenges on Monday, as founder & CEO Steve Burns and CFO Julio Rodriguez resigned “after an investigation by the company’s board,” just weeks after the...more

Robins Kaplan LLP

Financial Daily Dose 6.2.2021 | Top Story: Ransomware Attack Hobbles World’s Top Meat Processor JBS

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JBS, the world’s largest meat processor, shuttered operations at locations throughout the U.S. and Canada on Tuesday after a ransomware attack that also impacted its Australian operations. The White House has confirmed that...more

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