
Tesla’s 3/22 Reply to SEC [pdf] - dd36
https://www.courtlistener.com/recap/gov.uscourts.nysd.501755/gov.uscourts.nysd.501755.33.0_2.pdf
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dd36
“But the SEC, despite its burden to demonstrate by clear and convincing
evidence that Musk violated the Order, fails to identify any other option for
who would have that discretion. In fact, there is no other plausible
interpretation of the Order or the Policy. If Musk were not vested with this
discretion, then he would need to submit all Tesla-related tweets for review
by Disclosure Counsel prior to posting. That is not what the Parties agreed
to, nor what the Policy or Order requires.“

