Tesla Investors File Securities Suits Over Elon Musk’s Take-Private Tweets

I have long thought that it was only a matter of time before somebody filed a securities class action lawsuit based on disclosures made through social media. I knew we were going to see that lawsuit someday or other. Well, the day has arrived. On Friday, August 10, 2018, two Tesla investors each filed separate securities class action lawsuits against Tesla, Inc. and its Chairman, CEO, and largest shareholder, Elon Musk, based on Musk’s tweets last Tuesday that he was considering a take-private deal for which he had “secured” funding and that only shareholder approval was required for completion of the deal. As discussed below, there are a host of interesting things about the lawsuit and about the surrounding circumstances.   Background Readers are undoubtedly aware that on Tuesday August 7, Musk set the securities markets and the business pages alight with an extraordinary series of Tweets on his Twitter feed, in which Musk stated, among other things,…

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