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Elon Musk’s Twitter trial delay request denied, but addition of whistleblower complaint gets approval

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Elon Musk’s request to delay his trial against Twitter has been denied by a Delaware court. However, Musk’s request to include the claims put forth by whistleblower and former Twitter security chief Peiter “Mudge” Zatko in his countersuit against the social media company has also been approved.

The ruling was outlined by Chancellor Kathaleen McCormick in a letter. With this in mind, Elon Musk has gained a small win and a loss in his initial session with Twitter in court. Musk’s legal team had requested to push the trial back to mid-November, but with the rejection of the request, the trial is still expected to begin on October 17, 2022.

“Defendants’ motion to extend the case schedule is denied… In arguing that trial should be delayed by at least four weeks, Defendants contend that no external deadline creates any urgency. They observe that the merger agreement’s “termination date of October 24, 2022is automatically stayed if litigation is commenced, and debt financing has an outside date of April 25, 2023.”

“They adduce, therefore, that ‘any prejudice to Twitter can be easily mitigated by . . . continu[ing] the trial date.’ But the opposite is true. I previously rejected Defendants’ arguments in response to Twitter’s motion to expedite, making clear that the longer the delay until trial, the greater the risk of irreparable harm to Twitter. Indeed,Twitter has represented that the anticipated risk of harm has materialized over the course of this litigation.

“Twitter ‘has suffered increased employee attrition,’ which ‘undermin[es]the company’s ability to pursue its operations goals. The company has been forced for months to manage under the constrains of a repudiated merger agreement, including Defendants’ continued refusal to provide any consents for matters under the operating covenants. ‘I am convinced that even four weeks’ delay would risk further harm to Twitter too great to justify,” McCormick wrote.

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But while Musk’s efforts to delay the trial were unsuccessful, the Tesla CEO’s efforts to augment his countersuit with former Twitter security chief Peiter Zatko’s whistleblower complaint were successful. Zatko had accused Twitter of fraud while also noting that the social media company did not really care to find out how many of its users were spam or fake accounts. Twitter, for its part, has been dismissive of Zatko’s whistleblower complaints.

Twitter lawyers, during their session in a Delaware Chancery court on Tuesday, claimed that Zatko’s accusations do not meet the legal standard to nullify its merger contract with Musk even if they were true. Twitter’s legal team also noted that while Zatko did raise security concerns during his tenure with the company, Twitter investigated the issues internally and found that the security chief’s concerns were “without merit.”

McCormick, however, does not seem to agree with Twitter’s legal team on the issue.

“Defendant’s motion to amend is granted… The newly published Whistleblower Complaint would be grounds in most instances to permit an amendment under the low bar of Rule 15(a). Twitter argues that the amendment would be futile, but their arguments falter against the exceedingly movant-friendly standard of Rule 15(a). I am reticent to say more concerning the merits of the counterclaims at this posture before they have been fully litigated. The world will have to wait for the post-trial decision.

“Twitter also argues that the amendment would be prejudicial to the extent it would expand discovery and extend the case schedule, and Twitter’s arguments to this effect are far more forceful than Twitter’s futility arguments. But that prejudice can be mitigated by cabining additional discovery to the new allegations and maintaining the existing case schedule. So that is what I will do,” McCormick wrote.

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Chancellor Kathaleen McCormick’s letter can be viewed below.

Letter Decision Resolving Defendants' Motion for Leave to Amend and Extend Case Schedule (003) by Simon Alvarez on Scribd

Don’t hesitate to contact us with news tips. Just send a message to simon@teslarati.com to give us a heads up.

Simon is an experienced automotive reporter with a passion for electric cars and clean energy. Fascinated by the world envisioned by Elon Musk, he hopes to make it to Mars (at least as a tourist) someday. For stories or tips--or even to just say a simple hello--send a message to his email, simon@teslarati.com or his handle on X, @ResidentSponge.

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Tesla board reveals reasoning for CEO Elon Musk’s new $1 trillion pay package

“Yes, you read that correctly: in 2018, Elon had to grow Tesla by billions; in 2025, he has to grow Tesla by trillions — to be exact, he must create nearly $7.5 trillion in value for shareholders for him to receive the full award.”

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(Credit: Tesla)

Tesla’s Board of Directors has proposed a new pay package for company CEO Elon Musk that would result in $1 trillion in stock offerings if he is able to meet several lofty performance targets.

Musk, who has not been meaningfully compensated since 2017, completed his last pay package by delivering billions in shareholder value through a variety of performance-based “tranches,” which were met and resulted in the award of billions in stock.

Elon Musk’s new pay plan ties trillionaire status to Tesla’s $8.5 trillion valuation

However, Musk was unable to claim this award due to a ruling by the Delaware Chancery Court, which deemed the payout an “unfathomable sum.”

Now, the company is taking steps to ensure Musk gets paid, as the Board feels that it is crucial to retain its CEO, who has been responsible for much of the company’s success.

This is not a statement to undermine the work of all of Tesla’s terrific employees, but a ship needs to be captained by someone, and Musk has proven he is the right person for the job.

The Board also believes that, based on a statement made by the company in its proxy, various issues will be discussed during the upcoming Shareholder Meeting.

Robyn Denholm and Kathleen Wilson-Thompson recognized Musk’s contributions in a statement, which encouraged shareholders to vote to approve the payout:

“We’re asking you to approve the 2025 CEO Performance Award. In designing the new performance award, we explored numerous alternatives. Ultimately, the new award aims to build upon the success of the 2018 CEO Performance Award framework, which ensure that Elon was only paid for the performance delivered and incentivized to guide Tesla through a period of meteoric growth. The 2025 CEO Performance Award similarly challegnes Elon to again meet a series of even more aspirational goals, including operational milestones focused on reaching Adjusted EBITDA targets (thresholds that are up to 28 times higher than the 2108 CEO Performance Award’s top Adjusted EBITDA milestone) and rolling out new or expanded product offerings (including 1 million Robotaxis in commercial operation and delivery of 1 million AI Bots), all while growing the company’s market capitalization by trillions of dollars.

Yes, you read that correctly: in 2018, Elon had to grow Tesla by billions; in 2025, he has to grow Tesla by trillions — to be exact, he must create nearly $7.5 trillion in value for shareholders for him to receive the full award.

In addition to these unprecedented performance milestones, the 2025 CEO Performance Award also includes innovative structural features, born out of the special committee’s considered analysis and extensive shareholder feedback. These features include supercharged retention (at least seven and a half years and up to 10 years to vest in the full award), structural protections to minimize stock price volatility due to administration of this award and, thereafter, incentives for Elon to participate in the Board’s continued development of a framework for long-term CEO Succession. If Elon achieves all the performance milestones under this principle-based 2025 CEO Performance Award, his leadership will propel Tesla to become the most valuable company in history.”

Musk will have a lot of things to accomplish to receive the 423,743,904 shares, which are divided into 12 tranches.

However, the Board feels he is the right person for the job, and they want him to remain the CEO. This package should ensure that he stays with Tesla, as long as shareholders feel the same way.

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Tesla Robotaxi app download rate demolishes Uber, Waymo all-time highs

After two and a half months of testing with a group of hand-picked Tesla influencers and some media, the company has officially launched Robotaxi rides in both Austin, Texas, and the California Bay Area to the public.

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Tesla launched its Robotaxi app to the general public yesterday, and the number of downloads is a testament to the platform’s high demand for testing.

After two and a half months of testing with a group of hand-picked Tesla influencers and some media, the company has officially launched Robotaxi rides in both Austin, Texas, and the California Bay Area to the public.

Tesla Robotaxi makes major expansion with official public app launch

Downloading the app is available to iOS users, so if you have an iPhone, you can get it and join the waitlist. Tesla has not yet launched the Robotaxi app for the Android platform, but did hint that it would be coming soon.

The testing phase with the group Tesla selected has gone well. In Austin, the City has only listed one “Safety Concern” with Robotaxi during the testing phase. For the most part, things have gone extremely well, and riders have had good things to say.

Tesla is still operating with some safeguards in place, such as Safety Monitors and Safety Drivers, but these are precautionary and temporary; CEO Elon Musk has said they should be removed by the end of the year.

Elon Musk says Tesla will take Safety Drivers out of Robotaxi: here’s when

Even still, Tesla Robotaxi is something that many people want to experience, and the app downloads prove it.

The Tesla Robotaxi app was downloaded at a rate that exceeded all rolling 30-day periods of both Uber and Waymo, according to Brett Winton of ARK Invest. Tesla’s Robotaxi’s first day on the App Store exceeded Uber’s by 40 percent and Waymo’s best download day ever by six times:

The surge in downloads is a good indication of how in demand the Robotaxi suite was, as many people within the community had vocalized their requests to try the platform, but Tesla was not ready to expand it beyond its handpicked group.

The expansion of the program will result in more rides, provided Tesla continues to expand its fleet of vehicles. It has already admitted many of those who were initially placed on the waitlist.

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Elon Musk’s xAI expands to Seattle with salaries up to $440,000

The move was announced by the artificial intelligence startup and Elon Musk on social media platform X.

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(Credit: xAI)

Elon Musk’s artificial intelligence startup xAI is opening a new office in Seattle as it accelerates its global expansion. 

The move was announced by the artificial intelligence startup and Elon Musk on social media platform X. xAI is also hiring for its first positions in the new site.

New Seattle office

As could be seen on xAI’s Careers webpage, the Seattle office is currently hiring for three engineering roles. Each of the three technical roles tied to the new site carry salaries ranging from $180,000 to $440,000. 

The new office adds to xAI’s growing presence, which now spans San Francisco, Austin, London, Dublin, New York, and Memphis. The Seattle-based roles focus on video and image generation systems, signaling Musk’s intent to challenge rivals like OpenAI and Meta in generative AI.

Pressures and challenges

Seattle also places xAI within reach of Microsoft’s headquarters in Redmond. Microsoft has emerged as a central player in the AI race through its multibillion-dollar partnership with OpenAI, making xAI’s move into the region notable. The competition for AI specialists has pushed salaries higher across the industry, with filings showing OpenAI staff earning up to $530,000 and Anthropic engineers as much as $690,000 annually, as noted by Insider.

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The startup has also seen some high-profile departures in recent months, including cofounder Igor Babuschkin and general counsel Robert Keele. Still, xAI continues to grow aggressively, and its Grok large language model has been gaining momentum among mainstream users. Work also continues to be underway to further build out the company’s Colossus supercomputer cluster. Reports have also suggested that xAI has moved into San Francisco offices in the Mission District, a site Musk initially leased during OpenAI’s early years.

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