A Delaware judge declared Elon Musk's colossal $56 billion Tesla pay package null and void, labeling it an "unfathomable sum" that unjustly favoured the high-profile CEO over the company's shareholders. This ruling, which sent Tesla shares down approximately 3% in after-hours trading, could mark the dismantling of the largest pay package in corporate America.
The judge, Kathaleen McCormick of Delaware's Court of Chancery, criticized the Tesla board for negotiating a compensation plan that seemed more aligned with Musk's celebrity status than the company's actual needs. McCormick questioned whether the astronomical package was necessary for Tesla to retain Musk and achieve its objectives, highlighting the failure of the board to scrutinize the plan's fundamental purpose.
The decision directs the Tesla shareholder who challenged the pay plan to collaborate with Musk's legal team to implement the ruling. Any appeal can only proceed once the parties agree on a final order and settle attorney fees, which will be covered by Tesla.
Elon Musk, known for his social media presence, commented on the ruling, humorously advising against incorporating companies in Delaware. Meanwhile, Musk's lawyer has yet to respond to requests for comment.
This landmark ruling throws a spotlight on Tesla's upcoming compensation negotiations with Musk. The CEO, whose fortune stands at $210.6 billion, according to Forbes, faces challenges in securing his demand for 25% voting control, especially given the judge's critical assessment of the board's process.
During the trial, Musk justified the exorbitant package by stating its intent to finance interplanetary travel, emphasizing his vision for Tesla's role in humanity's future. The judge's decision will undoubtedly shape the dynamics of Musk's relationship with Tesla and may lead to a reevaluation of executive compensation practices across the corporate landscape.