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Elon Musk’s attorneys plead with Judge to vacate $56bn Tesla pay package decision

MINISTÉRIO DAS COMUNICAÇÕES, CC BY 2.0 , via Wikimedia Commons

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Elon Musk’s attorneys are in Delaware today, pleading with Judge Kathaleen McCormick to vacate her decision to invalidate the Tesla CEO’s $56 billion pay package that was ratified by shareholders this past June.

In January, Judge McCormick said Musk’s $56 billion pay package was invalidated because she felt it was an “unfathomable sum.” The voided pay was then ratified, for a second time, by investors at the June Tesla Shareholders meeting, but it did not mean Musk would receive the pay.

Now, attorneys are in Delaware attempting to get Musk paid by bringing up the second ratification to Judge McCormick. Judge David Ross said to McCormick today at a hearing that the vote by shareholders in June should be honored:

“Honoring the shareholder vote would affirm the strength of our corporate system. This was stockholder democracy working.”

Ross said the defendants were not challenging the conclusions or facts in her ruling, but that the order she wrote telling Tesla to rescind the pay package be vacated, Detroit News said.

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McCormick did not seem enthused because it could set precedence that rulings could be challenged and then overturned. Delaware law has no previous record of post-trial shareholder votes ratifying what she believes is a breach of fiduciary duty.

Attorneys are baffled that Delaware law somehow overrules what investors, also known as owners of the company, voted for in what was overwhelming fashion earlier this year:

“I candidly don’t see how Delaware law can tell the owners of the company that they’re not entitled to make the decision they made.”

Donald Verrilli, another lawyer for an individual shareholder, said:

“The voice of the majority of shareholders should matter…. This lawsuit is not representing the interest of the shareholders.”

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It seems undecided whether Musk’s pay package will be validated by McCormick, although shareholders have voted that it should be given.

I’d love to hear from you! If you have any comments, concerns, or questions, please email me at joey@teslarati.com. You can also reach me on Twitter @KlenderJoey, or if you have news tips, you can email us at tips@teslarati.com.

Joey has been a journalist covering electric mobility at TESLARATI since August 2019. In his spare time, Joey is playing golf, watching MMA, or cheering on any of his favorite sports teams, including the Baltimore Ravens and Orioles, Miami Heat, Washington Capitals, and Penn State Nittany Lions. You can get in touch with joey at joey@teslarati.com. He is also on X @KlenderJoey. If you're looking for great Tesla accessories, check out shop.teslarati.com

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Rivian startup spinoff raises $105M in funding for micro EV production

Meet Also, Rivian’s micro EV spinoff, now a full-fledged startup with $105M in funding. It’s adapting Rivian’s tech for compact EVs.

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(Credit: Rivian)

Rivian’s skunkworks program has turned into a full-blown startup called Also. The new startup, which is separate from Rivian, raised $105 million from Eclipse Ventures. Also will focus on micromobility or the development of micro electric vehicles.

Also started within Rivian, aiming to figure out if the electric vehicle company’s technology could be condensed to fit smaller EVs, including vans, trucks, and SUVs. Eventually, the skunkworks program discovered it could, indeed, fit Rivian’s technology in smaller, more compact electric vehicles, but the project was bigger than Rivian.

“We’ve been taking the Rivian technology stack and adapting it to much smaller form factors and then coming up with some incredibly exciting embodiments of that technology in these very small form factors,” Rivian CEO RJ Scaringe told Reuters.

Rivian will always be part of Also. It holds a minority stake in Also and Rivian’s VP of future programs, Chris Yu, will be the startup’s president.

According to Scaringe, Also plans to debut its first vehicle designs later this year. One of the designs seems to be a bike, as Scringe described it having a seat, two wheels, and a screen with a few computers and a battery.

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Also aims to start producing its flagship product by 2026 for customers in the United States and Europe. In addition, it plans to launch consumer and commercial vehicles made for Asia and South America.

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Investor's Corner

Financial Times retracts report on Tesla’s alleged shady accounting

“Turns out FT can’t do finance,” Tesla CEO Elon Musk quipped on X.

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Credit: Tesla Asia/X

The Financial Times has issued a retraction for an article it recently published that accused the electric vehicle maker of shady accounting practices.

The FT’s retraction has been appreciated by the electric vehicle community in social media, though many highlighted the fact that the publication’s initial erroneous allegations have already been spread across numerous other media outlets.

The Allegations

In an article published on March 19, the Financial Times pointed out that if one were to compare “Tesla’s capital expenditure in the last six months of 2024 to its valuation of the assets that money was spent on,” “$1.4 billion appears to have gone astray.”

The FT article highlighted that Tesla reported spending $6.3 billion on “purchases of property and equipment excluding finance leases, net of sales” in the second half of 2024. However, in that period, the company’s property, plant, and equipment only rose by $4.9 billion. As noted by members of the r/Accounting subreddit, this appeared to be the basis of the FT‘s article, which seemed careless at best.

Unfortunately, the publication’s allegations were quickly echoed by other news outlets, many of which proceeded to accuse Tesla of implementing shady accounting practices.

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The Retraction

In its retraction, the Financial Times explained that Tesla’s payments for assets already purchased and the possible disposal of depreciated property could help explain the alleged discrepancy in the company’s numbers. With these in consideration, the publication noted that the “crack we’re left with at Tesla is now small enough — just under half a billion dollars — to be filled with some combination of foreign exchange movements, non-material asset write-offs, or the sale of machinery or equipment close to its not-fully depreciated value.”

“As we sound the Alphaville bugle while lowering this particular red flag, one unavoidable conclusion is that at a certain point it’s necessary to trust the auditor’s judgment,” the publication noted.

Tesla CEO Elon Musk has responded to the Financial Times‘ retraction, commenting, “Turns out FT can’t do finance” in a post on social media platform X.

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Starlink gets green light to launch internet services in Vietnam

Vietnam has given Starlink the green light. With mobile & aviation plans in the mix, SpaceX continues its push into Asia.

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(Credit: SpaceX)

Starlink received the green light to launch its internet services in Vietnam.

The Vietnamese government noted SpaceX’s permission to launch Starlink services in the country is on a trial basis. Starlink’s trial period will last until the end of 2030. SpaceX has a subscriber limit of 600,000 within the trial period.

SpaceX can provide Starlink’s fixed and mobile internet service plans throughout Vietnam. It may also offer Starlink Aviation service plans.   

According to Reuters, the Vietnamese government noted that there is no limit to foreign ownership of a service. It is uncertain if SpaceX has applied for a license to launch Starlink services in Vietnam.

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Vietnam’s decision to permit Starlink services in the country differs from Italy’s decision to pause discussions regarding SpaceX’s internet service. According to Italy’s Defense Minister Guido Crosetto, discussions of a Starlink deal with SpaceX have “come to a standstill. Crosetto cites the controversy surrounding Elon Musk as the reason for the pause on a Starlink deal. Italy was discussing a potential $1.6 billion, 5-year Starlink contract with SpaceX.

SpaceX is also trying to launch Starlink in India. The aerospace company has already signed deals with two of India’s top telecom companies for Starlink services. However, Starlink is still waiting for regulatory approval.

While waiting for regulatory approvals and license processing, SpaceX continues to improve its Starlink services. Recently, news broke that the Elon Musk-led company has plans to launch a new Starlink dish with gigabit speeds.

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