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Elon Musk, SEC agree to guidelines on Twitter use – TechCrunch

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Tesla,  Elon Musk and the U.S. Securities and Exchange Commission reached an agreement Friday that will give the CEO freedom to use Twitter —within certain limitations — without fear of being held in contempt for violating an earlier court order.

Musk can tweet as he wishes except when it’s about certain events or financial milestones. In those cases, Musk must seek pre-approval from a securities lawyer, according to the agreement filed with Manhattan federal court.

U.S. District Judge Alison Nathan, the presiding judge on this matter, must still approve the deal. Nathan had given the SEC and Musk two weeks to work out their differences and come to a resolution.

Musk must seek pre-approval if his tweets include:

  • any information about the company’s financial condition or guidance, potential or proposed mergers, acquisitions or joint ventures,
  • production numbers or sales or delivery number (actual, forecasted, or projected),
  • new or proposed business lines that are unrelated to then-existing business lines (presently includes vehicles, transportation, and sustainable energy products);
  • projection, forecast, or estimate numbers regarding Tesla’s business that have not been previously published in official company guidance
  • events regarding the company’s securities (including Musk’s acquisition or disposition of shares)
  • nonpublic legal or regulatory findings or decisions;
  • any event requiring the filing of a Form 8-K such as a change in control or a change in the company’s directors; any principal executive officer, president, principal financial officer, principal accounting officer, principal operating officer, or any person performing similar functions

The fight between the two parties began after Musk’s now infamous August 7, 2018 tweet that had “funding secured” for a private takeover of the company at $420 per share. The SEC filed a complaint in alleging that Musk had committed securities fraud.

Musk and Tesla settled with the SEC last year without admitting wrongdoing. Tesla agreed to pay a $20 million fine; Musk had to agree to step down as Tesla chairman for a period of at least three years; the company had to appoint two independent directors to the board; and Tesla was also told to put in place a way to monitor Musk’s statements to the public about the company, including via Twitter.

The fight was re-ignited after Musk sent a tweet on February 19 that Tesla would produce “around” 500,000 cars this year, correcting himself hours later to clarify that he meant the company would be producing at an annualized rate of 500,000 vehicles by year end.

The SEC argued that the tweet sent by Musk violated their agreement. Musk has said the tweet was “immaterial” and complied with the settlement.

The SEC had asked the court to hold Musk in contempt for violating a settlement agreement reached last October over Musk’s now infamous “funding secured” tweet. The SEC had argued that Musk was supposed to get approval from Tesla’s board before communicating potentially material information to investors, the agency has argued. The SEC claimed a February 19 tweet violated the agreement.

Musk has steadfastly maintained that he didn’t violate the agreement.

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The First Tesla Semi Has Been Delivered After Lengthy Delays

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There had long been suggestion Pepsi would be one of Tesla’s biggest customers — with a subsidiary spotted installing charging stations at one of its plants and test driving the trucks earlier this year. Tesla also placed an order for 100 of the high tech trucks shortly after they were announced in 2017. In October, Musk confirmed the company’s first truck was almost ready for delivery, and it would be going to the soft drink manufacturer.

Today, Tesla finally made it official and delivered its first production semis to Pepsi. Speaking at the handover, which took place at a Tesla Gigafactory in Nevada, Musk described his motivation for designing the truck. The Tesla CEO claims that trucks make up less than 1% of vehicles in the United States, but are responsible for a large chunk of emissions. Musk said it will both help the environment and improve the health of individuals living near highways. At the end of the presentation, Musk thanked Pepsico and described them as a “great partner.” 

The trucks’ keycards were then handed over to Pepsi’s representatives, followed by several high fives. The trucks’ first cargo run involved “an enormous amount of Frito Lays” which were handed out to people in attendance. Pepsi’s Kirk Tanner then took the mic and said: “I want to thank the people who have spent countless hours to make this a reality.” before thanking Elon Musk and the other Tesla representatives. Other companies are also interested in Tesla’s electric semi. Budweiser, Walmart, and UPS are amongst those who have placed pre-orders — with Budweiser ordering at least 40 of the large electric vehicles.

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Kanye West Is No Longer Buying Twitter-Rival Parler

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It’s unclear whether West’s recent controversies have anything to do with the Parler deal falling apart. In a statement shared with CNBC, Parler’s owner notes that the “decision was made in the interest of both parties in mid-November.” Parler says it will be on the lookout for the growth opportunities, without clarifying if it was looking for investors to scale up, or full-fledged buyers. The latter seems unlikely to happen, given the current state of layoffs in the tech industry and the looming fears of a recession.

Parlement Technologies reportedly had high hopes from its acquisition deal with Kanye West. Soon after the agreement press release went out, Parler sent out an email to its “VIP” users, offering them perks like a gold badge for being valuable personalities on the platform. Politico reports that the email campaign inadvertently revealed the personal contact information of nearly a dozen lawmakers and some well-known conservative personalities.

Citing an insider source, Axios reports that West’s unstable financial situation following the cancellation of lucrative deals with the likes of Adidas played a role in his Parler plans falling apart. In the meanwhile, West has returned to Twitter, after his account was restricted for a few weeks ago over sharing anti-Semitic remarks. West currently has a huge follower base of over 18 million on Twitter, which dwarfs the total number of users on Parler, as of December 2021.

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Elon Musk Says Twitter’s Potential Removal From iOS App Store Was ‘Misunderstanding’

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Barely two days after Elon Musk feuded with Apple publicly, he met with Tim Cook to settle the differences. “We resolved the misunderstanding about Twitter potentially being removed from the App Store. Tim was clear that Apple never considered doing so,” Elon Musk tweeted last evening. This was a few hours after he shared a video of Apple’s HQ to disclose the location of the meeting.

However, Elon Musk didn’t reveal if Apple will continue advertising on Twitter. According to the Washington Post, Apple was the biggest ad spender on Twitter in Q1 2022. It spent an average of $4 million per week to run ads on Twitter between January to March this year — this added up to about 4% of Twitter’s revenue. However, Reuters reports that Apple reduced its weekly ad budget on Twitter to $131,600 a few weeks after Elon Musk bought the social media company. We also haven’t heard from Apple’s CEO, Tim Cook, about the agenda of his meeting with Elon Musk. 

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