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I guess the critical question will be: "If a public earnings report lists a number range, then a tweet mentions a possible number within that range (using 'may'

I guess the critical question will be: "If a public earnings report lists a number range, then a tweet mentions a possible number within that range (using 'may'), is that 'material information to investors'"? I can see arguments to both sides. If anything though in the modern world of social media and the public's thirst for transparency, these kinds of stories can be seen as just an additional thing to think about before going public (obviously a very minor thing of course when making the decision, but still notable).

xkjkls 8y ago
Yes. Re-iterating guidance is still material. Elon currently has a full month more of non-public information about Tesla's current demand and production. For him to publicly say "this number is still true" even if it is already public, is a material event.
tempworker9000 8y ago
>s that 'material information to investors'"? The guy went onto national television, implied he would not follow the court order, said he does not respect the SEC, then went ahead and broke the order. How is this even debatable? And let's not pretend that Tesla isn't already under scrutiny for absurd forecasts (under the guise of uncertainty) that they do not reach.