Am I the only one looking at this and thinking the driver was like 75% responsible for this? BMW has some fault, but there was plenty of room for the driver to avoid going off the road and/or slowing down before getting to that point. Yaris seemed to be speeding a bit as well.

Nah. It’s not material. It’s not really close either. Sure, those that bought stock through that offering could file suit, but it won’t be successful and, more importantly, what are the damages? SEC fines is the only real worry here, and it’s not a huge concern either. The fuzzy possibility—not even 50%—that your…

...In this case, Gizmodo had an article up first by about a half hour.

If they had disclosed it when they had no obligation to do so—THAT’S when they get sued. Derivative suit. The board owes a duty to the current investors.

This man sits atop Hot Take Mountain.

The real good stuff is amazing. Like you never knew how you lived without it. And then you go on living without it. So, coming full circle, I agree. Kentucky Deluxe for me.

That still baffles me, though it makes a little more sense. Two dudes want to drink some champagne after the team lost. What’s the big fuss?

Should or should not does not matter. They were not obligated to, as is being suggested.

Why is anyone mad at this?

But it’s only material if Tesla knew the autopilot system could not see the trailer AND that it caused the crash—on or before May 18th.

No, it isn’t. How it happened is how it’s handled, normally. You don’t have to halt the entire company’s plans just to investigate one accident. If you know the cause was something wrong with the car, then it's a different story. We still don't know what was the ultimate cause of the crash.

There was not really even a slight question here. It had been 11 days when the sale occurred. 59 days after the accident, the fault is still undetermined. This is not a close case.

Having all the data instataneously would not tell them the cause. Almost two months later, we still don’t know whether the guy was watching a movie or what exactly happened. You don’t release a report that maybe possibly our car played some small undetermined role in a fatality. That’s just dumb.

Assuming the design hiccup would be material (fairly large assumption), Material suspicions =/= material information. 11 days. It takes longer than that to nail down a cause or causes. No chance this was material information.

Ok, but the more important point is that may not have even known that was a potential cause when the stock sale took place. The crash happened May 7. The sale happened May 18. If they’re still sorting it out and figuring out what went wrong, then I feel like there is no way this could be a failure to disclose material…

I’m not sure it’s that risky. A single fatal autowreck. The only thing that brings it close to being material is that cars with self-driving features are relatively new. Enough? Maybe, but highly likely not. It’s not even clear that the exact causes of the accident are understood. A single accident that is unlikely…

Can’t be.

Who? If anyone knows, hit me up at (281) 330-8004. Thanks.

There’s a reason the gun companies lobbied hard for federal legislation protecting them from such liability. They didn’t do so because there was little chance of being liable. They did so because there were multiple actions filed using that legal theory. The law evolves. Not too long ago “separate but equal” was…