Get 40% Off
💰 Buffett reveals a $6.7B stake in Chubb. Copy the full portfolio for FREE with InvestingPro’s Stock Ideas toolCopy Portfolios

Musk, Tesla shareholder to propose a stay of pay ruling during appeal

Published 02/14/2024, 09:53 AM
Updated 02/14/2024, 05:19 PM
© Reuters. FILE PHOTO: Elon Musk, CEO of SpaceX and Tesla and owner of X, formerly known as Twitter, attends the Viva Technology conference dedicated to innovation and startups at the Porte de Versailles exhibition centre in Paris, France, June 16, 2023. REUTERS/Gon

By Tom Hals and Jody Godoy

(Reuters) - Elon Musk and the Tesla (NASDAQ:TSLA) shareholder who won a verdict last month voiding the CEO's $56-billion pay package will ask a judge to pause her ruling until an appeal is resolved, according to a Tuesday letter to the court from the shareholder's attorney.

Greg Varallo, the shareholder's attorney, told Reuters the two sides will agree to a stay if they can reach a deal on an appeal bond.

The letter is the first indication that Musk intends to appeal the ruling, which the billionaire has criticized on social media, saying he will seek shareholder approval to move Tesla's state of incorporation to Texas, where it has its headquarters.

Before Musk can appeal, the two sides will propose a final order for approval by the judge, Kathaleen McCormick (NYSE:MKC), which will include a petition for a legal fee.

That fee will be paid by Tesla and given the enormous verdict, it is likely to be among the largest ever. It will likely be opposed by Tesla.

Musk and the shareholder will tell the court their position on fees by March 1, according to the court filing.

If McCormick approves the fee and final order, Musk would have 60 days to file an appeal with the Delaware Supreme Court, which would likely take at least six months to resolve.

An attorney for Musk did not immediately respond to a request for comment.

An appeal bond protects a plaintiff who prevailed in court by ensuring that the losing party will pay up if they fail to overturn the verdict.

3rd party Ad. Not an offer or recommendation by Investing.com. See disclosure here or remove ads .

The Jan. 30 ruling rescinded Musk's $56-billion pay package, which consisted of stock options. Musk has not exercised the options, which allow him to buy Tesla stock at a deeply discounted price. Once he buys the stock he must hold it for five years.

The case was brought by shareholder Richard Tornetta, who was pursuing it on behalf of Tesla. Shareholders benefited from the return of the stock options to Tesla.

McCormick said in her ruling that Musk improperly controlled the pay negotiation process and that the shareholders lacked information when they voted in 2018 to approve the package.

Latest comments

music's arogance and falure to take his shareholds complaints and concerns seriously, has created major headaches for him.
I can't trust Tesla and Elon. It keeps falling because Elon's brother is still selling shares. A traitors. Telsa is definitely a fraudulent company in some ways. I don't buy shares of telsa anymore since las year
Risk Disclosure: Trading in financial instruments and/or cryptocurrencies involves high risks including the risk of losing some, or all, of your investment amount, and may not be suitable for all investors. Prices of cryptocurrencies are extremely volatile and may be affected by external factors such as financial, regulatory or political events. Trading on margin increases the financial risks.
Before deciding to trade in financial instrument or cryptocurrencies you should be fully informed of the risks and costs associated with trading the financial markets, carefully consider your investment objectives, level of experience, and risk appetite, and seek professional advice where needed.
Fusion Media would like to remind you that the data contained in this website is not necessarily real-time nor accurate. The data and prices on the website are not necessarily provided by any market or exchange, but may be provided by market makers, and so prices may not be accurate and may differ from the actual price at any given market, meaning prices are indicative and not appropriate for trading purposes. Fusion Media and any provider of the data contained in this website will not accept liability for any loss or damage as a result of your trading, or your reliance on the information contained within this website.
It is prohibited to use, store, reproduce, display, modify, transmit or distribute the data contained in this website without the explicit prior written permission of Fusion Media and/or the data provider. All intellectual property rights are reserved by the providers and/or the exchange providing the data contained in this website.
Fusion Media may be compensated by the advertisers that appear on the website, based on your interaction with the advertisements or advertisers.
© 2007-2024 - Fusion Media Limited. All Rights Reserved.