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. We discuss the recent filing by attorneys for Elon Musk and Tesla to revoke the previously agreed to Consent Decree over his 2018 tweets about taking Tesla private at $420 per share and then withdrawing it a week later. Highlights in include:

·      What is the legal basis for the Motion?

·      Can a court hear an equitable claim for a regulatory consent decreed?

·      What is the remedy Musk is seeking?

·      What about his $20MM fine, which has been paid?

·      Is the SEC harassing Musk for alleging violations of the Consent Decree?

        Resources

Motion to Terminate Consent Decree

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