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A comment on Nikola admits prototype was rolling downhill in promotional video. Parent comment

Re:Nikola admits prototype was rolling downhill in promotion... by snowwrestler on Monday September 14, 2020 @02:55PM (#24473734)
You laugh, but if we make this a matter of regulatory oversight, this sort of word parsing is exactly what every case will come down to.
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Re:Nikola admits prototype was rolling downhill in promotion... by vlovich123 on Monday September 14, 2020 @03:14PM (#24473934)
Or you just look through the communications surrounding this video during discovery to see if there was a pattern establishing intent to mislead investors.
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Re:Nikola admits prototype was rolling downhill in promotion... by swivelmaster on Monday September 14, 2020 @03:37PM (#24474196)
Bingo. Subpoena their emails and undoubtedly their whole defense falls apart.
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Re:Nikola admits prototype was rolling downhill in promotion... by Retric on Monday September 14, 2020 @03:57PM (#24474415)
The article suggested that it was more than just a video at issue. Milton said. "This thing fully functions and works, which is really incredible."

Further, internal emails not just public statements are often used to decide if something was intended to deceive or not.

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