Musk and Tesla face shareholder litigation for $2.5 billion in compensation in 2018
March 9th, 2022

Richard J. tornetta, a Tesla shareholder, said in a document suing musk and Tesla’s board of directors that the salary was too high and believed that the authorization of Tesla’s board of directors violated their fiduciary responsibilities.

Musk’s 2018 CEO performance award includes 101.3 million stock options (adjusted according to one split five in 2020), which is divided into 12 sub goals, covering the company’s market value and operating performance. Musk must meet these goals to get paid, or he will get nothing, the plan said.

Tesla’s share price later soared, and the company began to pay musk in 2020, making it the world’s richest man.

Tonetta wants to invalidate the options granted by the 2018 plan, which brings musk tens of billions of dollars in net income at current prices.

The shareholder alleged that Tesla’s board of directors failed to properly disclose some conflict information, and musk developed his own compensation plan with the personal assistance of Todd Maron, his former divorce lawyer and Tesla’s general counsel. Tonetta believes that Tesla’s board of directors did not disclose all the information that should be disclosed to shareholders before voting by proxy to approve the compensation plan.

Malone left Tesla at the end of 2018. Tesla has not established the post of general counsel since December 2019.

Musk’s lawyer asked the court for a summary ruling and hoped to dismiss the case. However, the president of the court, Kathleen St. J. McCormick, wrote in a letter dated February 24: “I doubt that this lawsuit is difficult to be settled on the basis of irrefutable facts. Therefore, I cancel the oral debate on the summary ruling motion.” “This case will enter the trial stage,” he added

According to the initial documents released by plainsite, the judicial transparency database, the trial of this case will be held in the Delaware equity Court on April 18. The specific date may be adjusted. Alan Greenspan, the boss of plainsite, previously disclosed his short position in Tesla.

Tesla has yet to comment, and tonetta’s lawyer declined to respond.

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