Vancouver Sun

Tesla investors sound off to judge who voided Musk's pay plan

- JEF FEELEY and DANA HULL

The judge who threw out Tesla Inc. co-founder Elon Musk's record-setting US$55.8-billion pay package said she's received “many communicat­ions” from investors about the request from the winning lawyers for almost US$6 billion in company stock.

Delaware Chancery Court chief judge Kathaleen McCormick said she's not reading the letters. The state judiciary's ethics code “prohibits me from considerin­g” the letters from non-parties in the litigation “who claim to hold stock in Tesla,” she wrote to lawyers on both sides. She asked the attorneys to recommend a process for handling the letters.

In January, McCormick concluded that the compensati­on plan — the largest ever given to a corporate executive in the United States — was excessive and that Tesla's directors were handcuffed by conflicts of interest when they approved it in 2018. The judge also faulted Tesla's public disclosure about the pay package.

This month, lawyers representi­ng the investor who challenged the pay package, Richard Tornetta, submitted an unusual request to be paid their fees in stock, which they said would ease the burden on company shareholde­rs.

That didn't go over well with some investors, who launched a letter-writing campaign.

Shareholde­r Alexandra Merz urged fellow investors in a post on social-media platform X to “send tens of thousands of letters” to McCormick and “describe in your own passionate words in a VERY RESPECTFUL MANNER” how there is no financial benefit from the judge's ruling striking down the pay package that “could serve as the basis of calculatio­n for plaintiff attorney fees.”

Another X post reads: “Elon Musk deserves the original compensati­on package in full,” it said. “On top of that, I was surprised to learn that the lawyers who filed and `won' this class action lawsuit demanded a roughly $5.9 billion compensati­on in Tesla shares, claiming it was to protect Tesla shareholde­rs. Nothing could be further from the truth.”

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Elon Musk

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