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Tesla starts taking steps to battle Delaware Judge’s Elon Musk pay ruling

MINISTÉRIO DAS COMUNICAÇÕES, CC BY 2.0 , via Wikimedia Commons

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With the ratification of Elon Musk’s 2018 CEO Performance Award successfully completed at the 2024 Annual Stockholders’ Meeting, Tesla has started its efforts to urge Delaware Judge Chancellor Kathaleen McCormick to reconsider her decision surrounding Musk’s compensation plan. 

Tesla’s efforts were outlined in a letter that the electric vehicle maker’s legal team filed on Friday. An appendix which includes the results of the votes surrounding the proposals at the 2024 Annual Stockholders Meeting was also included by the company. As per the letter, Elon Musk’s 2018 pay plan and Tesla’s redomestication to Texas have been approved by TSLA shareholders. 

Tesla’s legal team noted that the results of the TSLA shareholders’ vote have a significant impact on the claims and issues in the case brought forward by stockholder Richard Tornetta, who held nine shares when he filed the case against Musk’s pay package. Tornetta’s legal team is looking to get paid over 27 million TSLA shares, worth over $5 billion, for their efforts in the case. 

“Following the fully informed Ratification vote, which embodies the will and sound business judgment of Tesla’s stockholders, the Ratification is now effective. As previously noted in our letters to Your Honor on April 17 and April 25, 2024, and in Tesla’s May 7, 2024 Consolidated Opposition to the Three Motions, the approval of Ratification by Tesla’s stockholders significantly impacts the claims and issues in this action, including the Court’s final judgment, Plaintiff’s Fee Petition, and the timing and topics to be covered in connection with the hearing on the Fee Petition and judgment currently scheduled for July 8, 2024. 

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“Consequently, Tesla respectfully suggests that the parties meet and confer on a proposed path forward, including a potential revised schedule (subject to approval by the Court) to permit the parties to detail their respective positions. We conferred with counsel for the individual defendants, and they join in this request,” Tesla’s legal team wrote in their letter. 

When Chancellor McCormick rescinded Elon Musk’s 2018 CEO Performance Award back in January, she alleged that the CEO had controlled the process that led to the approval of the high-risk, high-reward payment plan. The judge also noted that Tesla concealed crucial information from TSLA shareholders about the ease of the targets in Musk’s 2018 compensation plan, which called for Tesla to grow its market cap over tenfold, among other metrics. Each target in Musk’s 2018 pay plan has already been achieved. 

The letter from Tesla’s legal team (via Plainsite) can be viewed below. 

gov.uscourts.delch.2018-0408-KSJM.377.0 by Simon Alvarez on Scribd

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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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Investor's Corner

Lucid CEO dispels any rumors of bankruptcy: ‘So far from the facts’

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Credit: Lucid

Lucid CEO Silvio Napoli responded to rumors of an imminent bankruptcy that was reportedly being mulled after a report stated the automaker was working with the firm AlixPartners to iron out its next steps.

The company felt a massive loss on Wall Street yesterday, as the report essentially pushed the stock down as much as 55 percent on Tuesday.

The report, published initially by Eletric-Vehicles.com, claimed Lucid was essentially in dire straits and was told by AlixPartners, a commonly used restructuring advisor, to either take shares private or file for Chapter 11 bankruptcy protection.

Lucid denies rumors of bankruptcy after over 40% stock drop

Lucid’s head of Communications, Nick Twork, immediately challenged the report and stated the company “has sufficient liquidity to carry its operations well into next year.”

Now, the company’s CEO is chiming in as well, stating that the report is “so far from the facts that they require a direct response.”

Napoli said:

“Lucid is not considering bankruptcy or a transaction to take the company private. Those reports are false. The Board did not explore either scenario. Period.

As disclosed in our most recent quarterly filing, Lucid has sufficient liquidity to fund its operations well into next year.

We work with outside advisors to improve operational performance and execution. They are not advising Lucid on a take-private transaction or bankruptcy, and any suggestion that they have recommended either course of action to management or the Board is false.

My priority is clear: turn this company around. That is where the leadership team and I are focused.

I look forward to providing a full update during our quarterly earnings call on August 4th.”

It seems pretty clear that Lucid is confident things will be okay, and, to be honest, they should not have much to worry about, especially considering the company has been backed by the Saudi Public Investment Fund (PIF) for years. It has solid financial backing, and its sales, while weak, are pretty much right on par with a company of this age.

Lucid also sent a Cease & Desist letter to the publication for their report.

Lucid shares have rebounded nicely and are up nearly 21 percent at the time of publication. As soon as the company dispelled the rumors of bankruptcy yesterday, the stock began to climb back toward more reasonable levels.

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Investor's Corner

Lucid denies rumors of bankruptcy after over 40% stock drop

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Credit: Lucid

Electric vehicle maker Lucid Group has denied rumors of an imminent bankruptcy after a report from this morning sent the stock on a dramatic drop on Wall Street, seeing losses of more than 40 percent during trading hours.

Lucid’s Director of Communications, Nick Twork, responded to the report from Eletric-Vehicles.com, which stated the company’s restructuring advisor, AlixPartners, was asked to review two decisions: taking Lucid shares private or filing for Chapter 11 bankruptcy protection.

The report also claims AlixPartners told the Lucid board to “concentrate on Gravity production while improving its quality, and to temporarily hold back the Lucid Air, the sedan that has defined the company since its launch.”

Twork said:

Shares rebounded after the response to the report, halving its losses as the trading day neared 3 p.m. Eastern.

Lucid has struggled to get its sales off the ground and into more respectable numbers, but the company is in its early years, when things are hard to begin with. It is also backed by several notable investors, including the Saudi Public Investment Fund (PIF), which has nearly limitless money and likely would not ditch an investment of this size so soon.

Lucid shares were down just 14 percent at the time of publication, a far cry from the 55 percent its losses topped out at during the day.

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Investor's Corner

Tesla gets price target upgrade on heels of crazy successful auto quarter

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(Credit: Tesla)

Tesla received a price target upgrade just on the heels of what was a crazy successful quarter for its automotive business, as the company reported a delivery beat of over 15 percent for Q2.

Jefferies analysts are upping Tesla’s price target (NASDAQ: TSLA) to $400 from $375, while maintaining their “Hold” rating on shares, and the strong automotive deliveries from Q2 is a big reason. However, there are some other catalysts that Jefferies believes position Tesla for a strong position in the second half of the year.

Strong Deliveries

Tesla reported 480,000 deliveries for Q2, while Wall Street was between 395,000 and 405,000, as an overall consensus. It was an incredibly strong quarter from a delivery perspective, and Tesla sold well more than it produced during the three months.

Tesla crushes Wall Street expectations, beats delivery estimates by over 15 percent

While vehicle deliveries are not necessarily looked at in the light that they used to be, Tesla still maintains a lot of advantages for keeping deliveries strong. With the loss of the $7,500 EV Tax Credit last year, Tesla still maintains a strong demand case for its EVs.

Robotaxi Performance

Tesla has been operating Robotaxi for over a year now, as it launched in Austin in mid-2025. That program has expanded to Houston and Dallas, the San Francisco Bay Area, and, most recently, Miami, Florida, the suite’s first appearance in the Sunshine State.

While the Robotaxi suite is still in its early phases and Tesla is working through things like fleet size and wait times, the company has been able to undercut the pricing of its competitors and has a great safety record.

Merger Speculation with Tesla and SpaceX

This is perhaps the biggest topic that many are speaking about with Tesla and SpaceX, and it is the one thing that seems to be on the mind of every investor.

Jefferies warns that growing talk of a Tesla-SpaceX merger could cause Tesla stock to trade more like a SpaceX proxy, which may disconnect it from underlying automotive fundamentals. SpaceX has a lot going for it, especially its compute deals that have been widely publicized as of late.

Profitability in New Projects Could Take Some Time

Tesla has a few long-term ventures in the pipeline, most notably the Optimus project and Robotaxi, which is launched but will take several years to expand to a meaningful level that resonates with everyday people.

This is something that investors need to be careful of. Tesla’s projects could take some time to round out, so Jefferies advises that these may carry initial losses, rather than immediate profit. Seasoned Tesla investors have echoed something like this for a long time; they knew going in it would not be an open-and-shut strategy. It was going to take time.

These new projects are no different.

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