“ We were busy arranging a graphic design of the box, putting easter egg jokes in the tech specs on the side, leveraging corporate partnerships, and prepping to make a run of several hundred boxes through one of Microsoft’s production printing systems. This was not only kind of expensive, but a commitment, a step that would in effect put an official stamp from Microsoft on the plan.”
I suspect that this is the reason the “PR flacks” didn’t just dismiss this as a joke gone wrong, but went beyond to insist (lie) that it was done by outsiders.
Having said that, I’m holding a bag of SO stock because I thought they really were going to start monetizing by charging for copy-paste. /s
https://www.baezlawfirm.com/two-recent-cases-highlight-impor...
> U.S. Supreme Court Rules That Securities Fraud Suits Must Be Dismissed Unless Plaintiffs Plead Fact Establishing a "Cogent and Compelling Inference" of Fraudulent Intent
https://www.jonesday.com/en/insights/2007/07/us-supreme-cour...
https://www.sec.gov/news/speech/2014-spch033114mjw
"We, for example, often bring cases based on negligence, while most criminal statutes require intent or at least willful blindness. Some of our statutes are also strict liability, which do not require intent, recklessness, or negligence."
If you make a fake image of a Tesla airplane, create branding for that fake Tesla image, and post it all over the official Tesla PR accounts, without immediately or at least in the fine print, explaining this is an Apr 1 joke, Tesla, and likely you, would be legally liable.
An employee’s actions represents their employer’s actions. Not being an executive does not make your company any less liable and/or make you as an employee less liable for your actions as an employee (there is no question whether the actions discussed in this situation were considered to be in a personal capacity, since the author clearly states they leveraged Microsoft partnerships as well as Microsoft resources to pull this off).
If I'm a Tesla employee and I make a fake image about a future Tesla airplane, is that a SEC violation?