Investor's Corner
Tesla shareholder’s legal team adjusts demand to $1.44 billion in fees for Musk pay case
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issue for the electric vehicle maker back in January when Judge Kathaleen McCormick of the Delaware Court of Chancery rescinded Musk’s 2018 CEO Performance Award.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.
$73,948 per hour is unacceptable and highly inappropriate to request.
The ABA Rules for Professional Conduct, specifically Rule 1.5(a) states: “A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses…”
In short,… https://t.co/kItq68oBAK— Jade (@ImUsuallyRighTT) June 22, 2024
Following are sections of the filing from Tornetta’s lawyers.
“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.
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.
Investor's Corner
BYD to overtake Tesla in BEV sales this 2025: Counterpoint Research
Counterpoint’s insights were shared by the market researcher on its official website.
Counterpoint Research has estimated that Chinese automaker BYD will be able to overtake American electric car maker Tesla in Battery Electric Vehicle (BEV) sales this 2025.
Counterpoint’s insights were shared by the market researcher on its official website.
The (Counter)Point
Counterpoint Research’s latest Global Passenger EV Forecast suggests that BYD will be capturing a 15.7% global market share this year. This is expected to be driven by scale, innovation, and strong backing from the Chinese government.
The market researcher highlighted a number of factors that could help BYD become the world’s premier BEV maker this year. These include the company’s 1,000-kW ultra-fast charging technology and 10C charging rate batteries, which exceed Tesla’s current Supercharger offerings.
“The system can deliver 400 km of range in just 5 minutes, setting a new industry benchmark, far outpacing Tesla’s Supercharger, which adds about 275 km in 10 minutes. This technological leap is expected to significantly ease consumer concerns around charging time and boost EV adoption by reducing charging anxiety,” Abhik Mukherjee, Research Analyst at Counterpoint, stated.
The Tesla Factor
Counterpoint argued that Tesla, in comparison, is confronting several challenges, from damaged public perception due to CEO Elon Musk’s politics to geopolitical tensions between the United States and key markets like China. The market researcher highlighted Tesla’s soft sales in Europe and other markets, though it did not seem to consider the company’s changeover to the new Model Y across its global factories in Q1 2025.
“CEO Elon Musk has scored somewhat of an own goal against Tesla, and we are about to catch a glimpse of how much the company’s sales were hurt in Q1 2025. This is a big opportunity for BYD and if they deliver on the fast-charging promise, this could be the turning point for BYD and the China BEV story globally,” Counterpoint Associate Director Liz Lee stated.
Not the First Forecast
As noted in a CNEV Post report, this is not the first time that Counterpoint has predicted that BYD will overtake Tesla’s BEV sales. Last July, the market researcher expected BYD to overtake Tesla in 2024 to become the world’s top BEV maker. Tesla still beat BYD’s BEV sales at the end of 2024, however, with the American EV maker delivering a total of 1,789,226 vehicles globally versus the Chinese automaker’s 1,764,992 units.
In Q1 2025, however, BYD does seem to have momentum. BYD sold 416,388 passenger BEVs in the first quarter. As per Tesla’s Q1 vehicle delivery and production report, the company was able to deliver a total of 336,681 vehicles in the first quarter of 2025.
Tesla bull Wedbush has responded to the company’s lackluster Q1 delivery figures, which were released on Wednesday morning in a new note from analyst Dan Ives.
Tesla reported deliveries of 336,681 vehicles in the first quarter of the year, a far cry from the Wall Street estimate of 352,000 and whisper numbers of roughly 350,000. At first glance, it seems to be a disaster, but Tesla said it lost “several weeks of production” in Q1 due to the ramp of the new Model Y at all four of its vehicle production factories.
This could be part of the reason that the company experienced a quarter of this performance, but there are also factors stemming from CEO Elon Musk’s involvement in the U.S. government, which has created some pushback in various markets.
It’s tough to say how much of each issue caused this type of quarter, but Ives wrote in a note to investors that Wedbush could not look at this “with rose-colored glasses,” as the performance “was a disaster on every metric.”
Ives believes it is time for Musk to make a move:
“The Street and us knew a bad 1Q was coming but this was even worse than expected. The time has come for Musk….it’s a fork in the road moment. The more political he gets with DOGE the more the brand suffers, there is no debate. This quarter was an example of the damage Musk is causing Tesla. This continues to be a moment of truth for Musk to navigate this brand tornado crisis moment and get onto the other side of this dark chapter for Tesla with much better days ahead.”
Interestingly, the stock dropped over 5 percent after the delivery report. It quickly rebounded 8 percent and is currently up over 5 percent on the day after a report from Politico stated that Musk and President Donald Trump have discussed the CEO stepping back from the Department of Government Efficiency (DOGE).
Based on that, it seems that investors were looking for Musk to step back from his government duties and show more public attention to Tesla. Realistically, we do not know how much of his time is being devoted to Tesla and its EV initiative. However, it seems investors were ready to hear something along the lines of Musk being more involved and speaking openly about Tesla and its projects.
It’s not all bad. Ives still recognizes Tesla’s prowess with the rollout of robotaxi and Full Self-Driving and how much impact it could have moving forward:
“Autonomous remains the biggest transformation to the auto industry in modern-day history and in our view, Tesla will own the autonomous market in the US and globally with the launch of unsupervised FSD in Austin kicking off the autonomous era at Tesla that we value at $1 trillion alone on a sum-of-the-parts valuation…”
With that being said, he also wants Musk to balance responsibilities with DOGE and Tesla:
“BUT…Musk needs to stop this political firestorm and balance being CEO of Tesla with DOGE. The future is so bright but this is a full blown crisis Tesla is navigating now and its primarily self-inflected. We remain firmly bullish on the long-term Tesla story but Musk needs to get his act together or else unfortunately darker times are ahead for Tesla.”
Tesla shares are trading at $283.01, up 5.42% at 1:57 p.m. on the East Coast.
Investor's Corner
Tesla (TSLA) shares date for “Company Update” and Q1 2025 earnings call
Tesla seems to be planning something slightly different for the upcoming event.
Tesla (NASDAQ:TSLA) has announced the date for its upcoming first quarter 2025 earnings call.
Interestingly enough, the company seems to be planning something slightly different for the upcoming event.
Tesla Q1 2025 Earnings Call Date
As shared by Tesla in its Q1 2025 vehicle production and delivery report, the company would be holding its first-quarter earnings call on Tuesday, April 22, 2025, at 4:30 p.m. Central Time / 5:30 p.m. Eastern Time. Similar to past earnings calls, the event will be livestreamed. An archived version of the session would also be shared on the company’s website.
Prior to the earnings call, Tesla will be releasing its Q1 2025 Update Letter. The Q1 2025 Update Letter will be released after markets close on April 22.
A Company Update
Tesla enthusiasts and TSLA bulls have observed that the electric vehicle maker adjusted its wording a bit in its Q1 2025 vehicle delivery and production report. As could be seen in the release, Tesla noted that it would also be holding a “Company Update” on April 22. This is the first time that such an event has been referenced by the electric vehicle maker with its quarterly earnings call.
“In addition to posting first quarter results, Tesla management will hold a live company update and question and answer webcast that day,” Tesla wrote in its Q1 2025 vehicle delivery and production report. Tesla also referenced a “Company Update” in a post on its official X account.
Expectations are high that Tesla will discuss some of its highly anticipated projects during its Company Update. These may include, among other things, new affordable vehicles that were mentioned in the Q4 and Full Year 2024 Update Letter.
“Plans for new vehicles, including more affordable models, remain on track for start of production in the first half of 2025. These vehicles will utilize aspects of the next generation platform as well as aspects of our current platforms and will be produced on the same manufacturing lines as our current vehicle line-up,” Tesla wrote.
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