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Tesla shareholder’s legal team adjusts demand to $1.44 billion in fees for Musk pay case

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The legal team of Tesla shareholder Richard Tornetta, who filed a legal complaint against Elon Musk’s 2018 CEO Performance Award, has adjusted their plaintiff fee request to the Delaware Court. Tornetta’s legal team noted that they could adjust their proposed fee to just $73,948 per hour, which would amount to a cash award of roughly $1.44 billion.

The Tornetta vs. Musk case became a notable issue for the electric vehicle maker back in January when Judge Kathaleen McCormick of the Delaware Court of Chancery rescinded Musk’s 2018 CEO Performance Award. For their work in the case, Tornetta’s legal team argued that they should be granted 29.4 million TSLA shares. Such an amount would be worth over $5 billion, or more than $200,000 per hour. 

Tesla has argued against Tornetta’s legal team’s arguments. As noted in a Reuters report, the electric vehicle maker argued that the legal team of the Tesla shareholder — who held nine shares when he filed his complaint against Musk’s 2018 pay package — should be paid just about $13.6 million for their work. Longtime Tesla retail shareholder Amy Steffens has also secured legal counsel to challenge the $200,000 per hour fee request of Tornetta’s attorneys

In their recent filing, Tornetta’s legal team proposed an alternative way of looking at the fees for their work in the case. While the legal team rejected Tesla’s $13.6 million legal fee argument, and while the attorneys still argued that the court should strongly consider granting them over 29 million TSLA shares as payment, they noted that the Court could go for a cash-based alternative structure instead. Such a system would lower their hourly rate to $73,948, and would result in a payment of around $1.44 billion. 

Following are sections of the filing from Tornetta’s lawyers. 

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“While Plaintiff’s Counsel sincerely believe the award sought is appropriate, earned, and indeed conservative under Delaware law—the Action did, after all, rescind an ‘unfathomable’ $55B compensation package, the largest in history by multiples—Plaintiff’s Counsel acknowledge the requested award, if granted, would be record-setting and the subject of significant commentary. Were the Court concerned by the requested award’s size and desirous of a different approach, there are other alternatives available that address the expressed concerns about “windfalls.”

“Specifically, $35,000/hour cannot be a ‘windfall’ because that hourly rate was awarded by this Court and affirmed by the Supreme Court over a decade ago in Southern Peru. Adjusted to today’s dollars, a $35,000 hourly rate would be over $55,600/hour. It follows, a fortiori, that for a substantial verdict on the order of Southern Peru, an award of at least $55,600/hour is not a ‘windfall.’ 

“Indeed, even Tesla argues that this Action created compensable value equal to its calculation of the Grant’s $2.3B GDFV. But even using this low-end value estimate, the benefit Plaintiff achieved here was significantly higher than the $1.347B (pre-interest) Southern Peru benefit. Thus, a low-end cash award of roughly $1.0842B could be fashioned based solely on the affirmed, inflation-adjusted Southern Peru numbers.

“But any such award would be unfairly low for two reasons. First, as noted in Plaintiff’s Opening Brief, this Court in Southern Peru—after admonishing plaintiff’s counsel to seek a conservative fee given ‘the reality [that] their own delays affected the remedy awarded’—further reduced that request by one-third as a penalty for counsel taking so long to prosecute the case that rescission was impossible. Second, the ~$51B benefit achieved here is approximately 38x higher than the benefit achieved in Southern Peru

“Adjusting for the one-third penalty assessed in Southern Peru—which was applied to an already conservative 22.5% request by that plaintiff—brings the inflation-adjusted lodestar to $73,948/hour, which yields a fee of approximately $1.44B. Adjusting further to reflect the much higher result here is a matter of the Court’s discretion Plaintiff’s Counsel would submit that exercising the Court’s discretion to award a cash fee of roughly twice the inflation-adjusted Southern Peru hourly rate after reversing for the discount appropriately reflects the substantially greater benefit achieved here,” Tornetta’s lawyers wrote. 

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The fling from Tornetta’s lawyers can be viewed below (via Plainsite). 

gov.uscourts.delch.2018-0408-KSJM.387.0 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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Elon Musk

Tesla blacklisted by Swedish pension fund AP7 as it sells entire stake

A Swedish pension fund is offloading its Tesla holdings for good.

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tesla
(Credit: Tesla)

Tesla shares have been blacklisted by the Swedish pension fund AP7, who said earlier today that it has “verified violations of labor rights in the United States” by the automaker.

The fund ended up selling its entire stake, which was worth around $1.36 billion when it liquidated its holdings in late May. Reuters first reported on AP7’s move.

Other pension and retirement funds have relinquished some of their Tesla holdings due to CEO Elon Musk’s involvement in politics, among other reasons, and although the company’s stock has been a great contributor to growth for many funds over the past decade, these managers are not willing to see past the CEO’s right to free speech.

However, AP7 says the move is related not to Musk’s involvement in government nor his political stances. Instead, the fund said it verified several labor rights violations in the U.S.:

“AP7 has decided to blacklist Tesla due to verified violations of labor rights in the United States. Despite several years of dialogue with Tesla, including shareholder proposals in collaboration with other investors, the company has not taken sufficient measures to address the issues.”

Tesla made up about 1 percent of the AP7 Equity Fund, according to a spokesperson. This equated to roughly 13 billion crowns, but the fund’s total assets were about 1,181 billion crowns at the end of May when the Tesla stake was sold off.

Tesla has had its share of labor lawsuits over the past few years, just as any large company deals with at some point or another. There have been claims of restrictions against labor union supporters, including one that Tesla was favored by judges, as they did not want pro-union clothing in the factory. Tesla argued that loose-fitting clothing presented a safety hazard, and the courts agreed.

tesla employee

(Photo: Tesla)

There have also been claims of racism at the Fremont Factory by a former elevator contractor named Owen Diaz. He was awarded a substantial sum of $137m. However, U.S. District Judge William Orrick ruled the $137 million award was excessive, reducing it to $15 million. Diaz rejected this sum.

Another jury awarded Diaz $3.2 million. Diaz’s legal team said this payout was inadequate. He and Tesla ultimately settled for an undisclosed amount.

AP7 did not list any of the current labor violations that it cited as its reason for

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Investor's Corner

xAI targets $5 billion debt offering to fuel company goals

Elon Musk’s xAI is targeting a $5B debt raise, led by Morgan Stanley, to scale its artificial intelligence efforts.

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(Credit: xAI)

xAI’s $5 billion debt offering, marketed by Morgan Stanley, underscores Elon Musk’s ambitious plans to expand the artificial intelligence venture. The xAI package comprises bonds and two loans, highlighting the company’s strategic push to fuel its artificial intelligence development.

Last week, Morgan Stanley began pitching a floating-rate term loan B at 97 cents on the dollar with a variable interest rate of 700 basis points over the SOFR benchmark, one source said. A second option offers a fixed-rate loan and bonds at 12%, with terms contingent on investor appetite. This “best efforts” transaction, where the debt size hinges on demand, reflects cautious lending in an uncertain economic climate.

According to Reuters sources, Morgan Stanley will not guarantee the issue volume or commit its own capital in the xAI deal, marking a shift from past commitments. The change in approach stems from lessons learned during Musk’s 2022 X acquisition when Morgan Stanley and six other banks held $13 billion in debt for over two years.

Morgan Stanley and the six other banks backing Musk’s X acquisition could only dispose of that debt earlier this year. They capitalized on X’s improved operating performance over the previous two quarters as traffic on the platform increased engagement around the U.S. presidential elections. This time, Morgan Stanley’s prudent strategy mitigates similar risks.

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Beyond debt, xAI is in talks to raise $20 billion in equity, potentially valuing the company between $120 billion and $200 billion, sources said. In April, Musk hinted at a significant valuation adjustment for xAI, stating he was looking to put a “proper value” on xAI during an investor call.

As xAI pursues this $5 billion debt offering, its financial strategy positions it to lead the AI revolution, blending innovation with market opportunity.

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Elon Musk

Tesla tops Cathie Wood’s stock picks, predicts $2,600 surge

Tesla’s future lies beyond cars—with robotaxis, humanoid bots & AI-driven factories. Cathie Wood predicts a 9x surge in 5 years.

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Cathie Wood shared that Tesla is her top stock pick. During Steven Bartlett’s podcast “The Diary Of A CEO,” the Ark Invest founder highlighted Tesla’s innovative edge, citing its convergence of robotics, energy storage, and AI.

“Because think about it. It is a convergence among three of our major platforms. So, robots, energy storage, AI,” Wood said of Tesla. She emphasized the company’s potential beyond its current offerings, particularly with its Optimus robots.

“And it’s not stopping with robotaxis; there’s a story beyond that with humanoid robots, and our $2,600 number has nothing for humanoid robots. We just thought it’d be an investment, period,” she added.

In June 2024, Ark Invest issued a $2,600 price target for Tesla, which Wood reaffirmed in a March Bloomberg interview, projecting the stock to reach this level within five years. She told Bartlett that Tesla’s Optimus robots would drive productivity gains and create new revenue streams.

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Elon Musk echoed Wood’s optimism in a CNBC interview last month.

“We expect to have thousands of Optimus robots working in Tesla factories by the end of this year, beginning this fall. And we expect to scale Optimus up faster than any product, I think, in history to get to millions of units per year as soon as possible,” Musk said.

Tesla’s stock has faced volatility lately, hitting a peak closing price of $479 in December after President Donald Trump’s election win. However, Musk’s involvement with the White House DOGE office triggered protests and boycotts, contributing to a stock decline of over 40% from mid-December highs by March.

The volatility in Tesla stock alarmed investors, who urged Musk to refocus on the company. In a May earnings call, Musk responded, stating he would be “scaling down his involvement with DOGE to focus on Tesla.” Through it all, Cathie Wood and Ark Invest maintained their faith in Tesla. Wood, in particular, predicted that the “brand damage” Tesla experienced earlier this year would not be long term.

Despite recent fluctuations, Wood’s confidence in Tesla underscores its potential to redefine industries through AI and robotics. As Musk shifts his focus back to Tesla, the company’s advancements in Optimus and other innovations could drive it toward Wood’s ambitious $2,600 target, positioning Tesla as a leader in the evolving tech landscape.

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