(Update to this story, Elon Musk recently moved this up the chain appealing it and I stand by my opinion he will eventually get paid. The funny thing about this is that after the first ruling stating the shareholders had been cheated and were tricked into this pay plan, they held another shareholder vote after the judge's decision and the shareholders once again voted to pay Elon Musk in total. The judge came back and said that doesn't really matter, I am not allowing you to pay Elon Musk, still, because ...reasons. I researched and could find nothing the judge said to validate her decision after the shareholder vote except that the shareholders wishes are not valid in this particular case and she was right and that was not to be questioned.
Whether you think this too much money for one person or not, a judge saying a business cannot pay someone what they agreed to pay them is just insane. This will get overturned, but, the judge will have no consequences for be a self-important, narcissistic, activist tool.
Finally, some how this judge has a problem with Musk getting paid an agreed upon amount for work done, but, has no issue with activists buying stock to give them standing to sue Musk and forcing Tesla to pay the lawyers that sued them 345 million dollars. A little Googling shows that their were nine lawyers that sued Tesla. I am sure there were plenty of paid associates also working the case, but even so, this judge is ok paying 40 million dollars apiece (with someone else's money) to lawyers for less than a years worth of work, but, not paying Musk for growing the most successful auto company of the last 100 years.)
Long story short, a guy with 9 shares of Tesla has stopped Elon Musk from getting his 50 billion dollar payout. A couple of highlights from the story:
- "Never incorporate your company in the state of Delaware," Musk said in a post on X, the social media platform he bought in 2022.
- Tesla directors argued during the trial that the company was paying to ensure one of the world's most dynamic entrepreneurs continued to dedicate his attention to the electric vehicle maker. Antonio Gracias, a Tesla director from 2007 to 2021, called the package "a great deal for shareholders".
- Ross Gerber, president and CEO at Gerber Kawasaki Wealth & Investment Management and a Tesla investor, told Reuters the ruling showed the company needed to replace at least three directors with independent board members before it can negotiate a new pay package for Musk.
- "Swept up by the rhetoric of 'all upside,' or perhaps starry eyed by Musk’s superstar appeal, the board never asked the $55.8 billion question: Was the plan even necessary for Tesla to retain Musk and achieve its goals?" wrote Kathaleen McCormick of Delaware's Court of Chancery.
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A Delaware judge tossed out Elon Musk's record-breaking $56 billion Tesla pay package on Tuesday, calling the compensation granted by the EV maker's board "an unfathomable sum" that was unfair to shareholders.
Full disclosure, I sold my Tesla stock in 2023.
I don't even know what I really think about this. 50 billion is such a large number, that really understanding it is hard to do. From a technical standpoint, this deal has been in place for years, if the company failed, Elon Musk would lose money. To have a judge say, essentially, I think that is too much money and you can't have it, is crazy to me. Elon staked the money on a long shot, and now it is time to pay up.
From a "feelings" standpoint, if this was a case of "this is just too much money," it should have been decided when the deal was created, via a cap on earnings for Musk. Do you know why they didn't cap it? No one would believe Tesla would do what it has done. No one was complaining when the stock was skyrocketing. No one was suing Musk when everyone was happy and getting rich. Even going back in time, if Tesla knew what would happen after Musk came on board, I think they would make the same deal. It is hard to argue with what Tesla has become. Did the judge say, to the guy suing, "Your 9 shares went up by 50x, you don't get to cash them, either. The return is just too high." Nope.
I heard once that when people reach the billionaire status, money is more about keeping score than actually payment for work. If this is the case, Elon wants to win. He has also shown he will spend tens of billions to make a point.
So, should Musk just drop it and take less money? Sure, he could probably offer to take half and spread the rest around and everyone would be happy. The problem is, if he did that, he wouldn't be "Elon Musk" anymore. He would be some guy not acting like the richest guy in the world. Tesla would be the worse for it in the long run. Elon will make 50 billion into one trillion, and very few people can do that.
So, maybe I do know how I feel, give the guy his money. We will be better in the long run to have a happy, productive Elon.