Reconsidering Elon Musk’s compensation could increase Tesla’s legal risks

When it comes to Tesla (TSLA), the drama never seems to end. After proposing a multi-billion-dollar compensation package for CEO Elon Musk and urging stockholders to vote in favor of it at the upcoming annual meeting in June, Tesla is gearing up for what could be a new round of legal battles.

Legal experts like Marc Steinberg from Southern Methodist University Dedman School of Law and Jerry Comizio from American University’s Washington College of Law are predicting that no matter the outcome of the vote, lawsuits are almost inevitable due to the significant financial stakes involved.

FILE - Tesla and SpaceX's CEO Elon Musk looks on, during an in-conversation event with Britain's Prime Minister Rishi Sunak at Lancaster House in London, Thursday, Nov. 2, 2023. Former CNN reporter Don Lemon mixed it up with Musk in an interview Lemon posted on Musk's X social network Monday, March 18, 2024. (AP Photo/Kirsty Wigglesworth, Pool, File)
FILE - Tesla and SpaceX's CEO Elon Musk looks on, during an in-conversation event with Britain's Prime Minister Rishi Sunak at Lancaster House in London, Thursday, Nov. 2, 2023. Former CNN reporter Don Lemon mixed it up with Musk in an interview Lemon posted on Musk's X social network Monday, March 18, 2024. (AP Photo/Kirsty Wigglesworth, Pool, File)

Tesla CEO Elon Musk. (AP Photo/Kirsty Wigglesworth) (ASSOCIATED PRESS)

Earlier this year, a Delaware judge ruled against Tesla’s board, finding that they had breached their fiduciary duty in granting Musk a compensation package that was considered the largest ever for a public company executive. The ruling followed a shareholder lawsuit challenging the pay package.

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Now, Tesla is asking shareholders to re-vote on the controversial pay package, arguing that they have addressed the issues raised by the court. The company’s efforts include forming a special committee and seeking independent analysis to support the new vote.

In this courtroom sketch Tesla CEO Elon Musk, left, testifies before Chancellor Kathaleen McCormick, seated right, in a courtroom in Wilmington, Del., on Wednesday, Nov. 16, 2022. Musk is defending himself in a shareholder lawsuit challenging a compensation package he was awarded by the company's board of directors that is potentially worth more than $55 billion. A stenographer is seated at center. (Elizabeth Williams via AP)
In this courtroom sketch Tesla CEO Elon Musk, left, testifies before Chancellor Kathaleen McCormick, seated right, in a courtroom in Wilmington, Del., on Wednesday, Nov. 16, 2022. Musk is defending himself in a shareholder lawsuit challenging a compensation package he was awarded by the company's board of directors that is potentially worth more than $55 billion. A stenographer is seated at center. (Elizabeth Williams via AP)

In this courtroom sketch Tesla CEO Elon Musk, left, testifies before Chancellor Kathaleen McCormick, seated right, in 2022. A stenographer is seated at center. (Elizabeth Williams via AP) (ASSOCIATED PRESS)

However, the validity of the proposed pay deal remains a subject of debate among legal experts. Some believe Tesla’s efforts to address the court’s concerns may not be sufficient, while others argue that the unconventional nature of Musk’s role at Tesla makes it challenging to apply traditional standards of executive compensation.

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As the controversy unfolds, the SEC is expected to review Tesla’s proxy filing, potentially leading to further amendments to the disclosure provided to shareholders. The outcome of this ongoing saga could have significant implications for Tesla, its shareholders, and the broader corporate governance landscape.

Stay tuned to Extreme Investor Network for the latest updates and analysis on this developing story. Be sure to follow us for expert insights and exclusive coverage of the finance world.

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