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Tesla and Elon Musk denied court hearing over CEO’s SEC harassment claims

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Tesla and Elon Musk’s efforts to strike back at the Securities and Exchange Commission over the agency’s alleged harassment of the CEO and his First Amendment rights appear to have met their first roadblock. In a two-page order on Thursday, US District Judge Alison Nathan denied Musk and Tesla’s request for a court hearing on their claims that the SEC was targeting the company and the CEO with unrelenting investigations. 

On February 17, Tesla lawyer Alex Spiro submitted a letter to the US District Court for the Southern District of New York outlining the company and Musk’s complaints about the SEC. The letter alleged that the agency had been targeting Musk since the CEO is an outspoken critic of the government. The complaint also alleged that the SEC was taking too long to distribute Musk and Tesla’s $40 million fine to TSLA shareholders, which were paid following the CEO’s “funding secured” fiasco in 2018, more than three years ago. 

Tesla and Musk asked for a court conference to discuss its complaints. However, in a two-page order on Thursday, US District Judge Alison Nathan denied the EV maker and CEO’s request, stating that it wasn’t clear what Tesla and Musk were asking for in their letter. The judge also suggested that Tesla and Musk should file a proper request with the court if they seek relief. “The defendants’ precise application to the Court is unclear,” Nathan wrote

Musk and the SEC’s feud has been quite notable as of late. Earlier this week, Spiro submitted another letter addressed to Judge Nathan alleging that at least one member of the SEC staff leaked certain information regarding its investigation. “This leak is emblematic of the vindictive, improper conduct that occasioned my letter: the SEC is retaliating against Mr. Musk and Tesla, without answering to the constraints of principle or law in so doing,” the letter read. 

Musk also recently noted on Twitter that while he did not start the fight with the SEC, he would be the one to finish it. The executive also remarked that he has been “building a case” against the agency. 

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The SEC, for its part, has denied Tesla and Musk’s claims in its own letter to the judge. The agency argued that it had made it a point to speak and communicate with Tesla and Musk before issues were raised in court. The SEC also rejected the notion that it was taking too long to distribute the $40 million fine to TSLA shareholders since the process for doing so was extremely complex. The agency did note, however, that a plan to share and distribute the funds to TSLA investors should be ready around March 2022. 

More recently, reports emerged stating that the SEC had launched an investigation on whether Musk and his brother Kimbal violated securities law when they sold TSLA shares last year. 

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 analyst: ‘near zero chance’ Elon Musk’s $1T comp package is rejected

“There is a near-zero chance that $TSLA shareholders will vote down Elon’s new proposed comp plan at the Nov 6 shareholders’ meeting.”

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A Tesla analyst says there is “zero chance” that CEO Elon Musk’s new compensation package is rejected, a testament to the loyalty and belief many shareholders and investors have in the frontman.

Tesla investors will vote on November 6 at the annual Shareholder Meeting to approve a new compensation package for Musk, revealed by the company’s Board of Directors earlier this month.

The package, if approved, would give Musk the opportunity to earn $1 trillion in stock, an ownership concentration of over 27 percent (a major request of Musk’s), and a solidified future at the company.

The Tesla Community on X, the social media platform Musk bought in 2023, is overwhelmingly in favor of the pay package, though a handful of skeptics remain.

Nevertheless, the big pulls of this vote are held by proxy firms and other large-scale investors. Two of them, Institutional Shareholder Services (ISS) and Glass Lewis, said they would be voting against Musk’s proposed compensation plan.

Tesla CEO Elon Musk’s $1 trillion pay package hits first adversity from proxy firm

Today, the State Board of Administration of Florida (SBA) said it would vote in favor of Musk’s newly-proposed pay day, making it the first large-scale shareholder to announce it would support the CEO’s pay.

One analyst said that Musk’s payday is inevitable. Gary Black of the Future Fund said today there is a “near-zero chance” that shareholders will allow Musk’s pay package to be rejected:

There is a near-zero chance that $TSLA shareholders will vote down Elon’s new proposed comp plan at the Nov 6 shareholders’ meeting.”

He added an alternative perspective from Wedbush’s Dan Ives, who said that he had a better chance of starting for the New York Yankees than the comp package not being approved.

Black’s the Future Fund sold its Tesla holdings earlier this year. He explained that the firm believed the company’s valuation was too disconnected from fundamentals, citing the P/E ratio of 188x and declining earnings estimates.

The firm maintained its $310 price target, and shares were trading at $356.90 that day.

Shares closed at $452.42 today.

The latest predictions from betting platform Kalshi have shown Musk’s comp package has a 94 percent chance of being approved:

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Investor's Corner

Tesla analysts are expecting big things from the stock

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Credit: @AdanGuajardo/X

Tesla analysts are expecting big things from the stock (NASDAQ: TSLA) after many firms made price target adjustments following the Q3 Earnings Call.

Last Wednesday, Tesla reported earnings with record revenue but missed EPS estimates.

It blew delivery expectations out of the water with its strongest quarter in company history, but Tesla’s future relies on the development of autonomous vehicles, robotics, and AI, which many bullish firms highlight as major strengths.

The earnings call reiterated those points, along with the belief that Tesla CEO Elon Musk should be rewarded with a newly proposed pay package that would enable him to gain $1 trillion in wealth if he comes through on a lengthy list of performance tranches.

Nine Wall Street firms made adjustments to their outlook on Tesla shares in the form of price target increases since last Wednesday’s call, all of which are indications of big expectations for the stock moving forward.

Here are the nine firms that made moves:

  • Truist – $280 to $406, reiterated Hold rating
  • Roth MKM – $395 to $404, reiterated Buy rating
  • Cantor Fitzgerald – $355 to $510, reiterated Overweight rating
  • Deutsche Bank – $435 to $440, reiterated Buy rating
  • Mizhuo – $450 to $485, reiterated Outperform rating
  • New Street Research – $465 to $520, reiterated Buy rating
  • Evercore ISI – $235 to $300, reiterated In Line rating
  • Freedom Capital Markets – $338 to $406, upgraded to Hold rating
  • China Renaissance – $349 to $380, reiterated Hold rating

The boosts in price target are largely due to Tesla’s future projects, as Roth MKM, Cantor Fitzgerald, Mizuho, New Street Research, and Evercore ISI all explicitly mention Tesla’s autonomy, robotics, and AI potential as the main factors for its price target boosts.

Cantor Fitzgerald raises Tesla PT To $510, citing Cybercab, Semi, and AI momentum

It is no surprise that many firms are adjusting their outlook on Tesla shares considerably in an effort to prepare for the company’s transition to even more of a tech company than a car company.

The issue with many analysts is that they treat the company’s vehicle deliveries as the main indicator of value.

However, Tesla has a robust energy division, which was a major contributor to the company’s strong margins and gross profit in Q3, as well as its prowess in robotics and AI.

Additionally, the company is seen as a key player in the autonomy field, especially after launching driverless rides on a Robotaxi platform in Austin and expanding a similar program in the Bay Area.

Tesla shares were up over 5 percent at 12:18 p.m. on the East Coast.

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Investor's Corner

Tesla warns Elon Musk could step down if shareholders reject pay plan

Denholm’s letter emphasized Tesla is at a “critical inflection point” as it scales AI-driven projects such as Full Self-Driving (FSD) and Optimus.

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Tesla Board Chair Robyn Denholm has urged shareholders to approve CEO Elon Musk’s new 2025 Performance Award ahead of the November 6 Annual Meeting, warning that rejecting it could risk losing his leadership. 

In a letter posted on Tesla’s official handle on X, Denholm stated that the company must “foster an environment that motivates Elon to achieve great things,” or risk losing “his time, talent, and vision,” which she described as essential to Tesla’s success.

Retaining Musk amid Tesla’s critical transition

Denholm’s letter emphasized Tesla is at a “critical inflection point” as it scales AI-driven projects such as Full Self-Driving (FSD) and Optimus. She argued that Musk’s leadership remains vital as Tesla pushes toward becoming “the leading provider of autonomous solutions and the most valuable company in the world.” Without a new performance-based plan, Denholm warned, Musk could step away, potentially costing Tesla significant long-term value.

“If we fail to foster an environment that motivates Elon to achieve great things through an equitable pay-for-performance plan, we run the risk that he gives up his executive position, and Tesla may lose his time, talent, and vision, which have been essential to delivering extraordinary shareholder returns,” the Tesla Board Chair stated.

The board’s proposed 2025 Performance Award aligns Musk’s compensation with ambitious targets while extending his commitment for at least 7.5 more years. Denholm stated that the vote is a defining moment for Tesla’s future direction, adding that the plan was designed to keep Musk focused on innovation while maintaining governance discipline. “A vote here is both an endorsement of Elon’s vision and a vote for Tesla’s carefully tailored strategy,” she said.

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Musk’s pay history is rooted in performance

Elon Musk’s pay history with Tesla has long been unconventional. For years, he has declined a regular salary, instead directly tying his earnings to Tesla’s ability to meet ambitious production and market-value goals. His 2018 performance award, approved by shareholders at a time when Tesla had a market cap of just about $59 billion, granted him stock options only when Tesla reached aggressive growth milestones, such as growing the company’s market cap to $650 billion. 

At the time, the milestones included $50 billion additions to Tesla’s market cap, which were considered by many to be unrealistic. Those goals were ultimately met by the electric vehicle maker, but a Delaware court later rescinded the plan in January 2024, calling it an “unfathomable sum.”

Tesla shareholders reaffirmed support for Musk’s pay in 2024, even as legal disputes continued. The board then issued an interim equity package valued around $29 billion while developing a new long-term plan earlier this year. Since then, Tesla’s Board has proposed Musk’s 2025 CEO Performance Award, which could be worth nearly $1 trillion, but only if Musk were to grow Tesla into the world’s most valuable company with a market cap of $8.5 trillion, among other aggressive and ambitious targets.

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