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Elon Musk Lashes Out at Delaware After Judge Voids $56 Billion Pay Package

Musk takes to social media to air his grievances about the state of Delaware after a judge calls the compensation package process 'deeply flawed.'

 & Kate Irwin Reporter

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A Delaware judge ruled Tuesday that Tesla CEO Elon Musk's staggering compensation package of nearly $56 billion is null and void.

Now, Musk says he regrets incorporating his electric vehicle company in the state.

In the ruling, which can still be appealed, the judge found that Musk failed to meet his legal burden of proof to justify the compensation package, which is "the largest potential compensation opportunity ever observed in public markets by multiple orders of magnitude."

Musk and the Tesla board of directors, who worked out the package back in 2018, failed to legally prove that shareholders were "fully informed" because a prior statement about the situation "misleadingly omitted details about the process," per the filing.

"The process leading to the approval of Musk's compensation plan was deeply flawed," the judge wrote, noting that Musk had decades-long relationships with many of the key figures involved in deciding his compensation, including personal relationships that included friends Musk vacationed with and his former divorce lawyer.

"It is unsurprising that there was no meaningful negotiation over any of the terms of the plan," the judge added.

After the decision was made, Musk took to the platform he owns, X, to complain about the verdict. "Never incorporate your company in the state of Delaware," Musk wrote Tuesday night.

In another post, he urged his followers to incorporate in Nevada or Texas instead "if you prefer shareholders to decide matters."

Roughly 20 minutes later, he created a poll asking if Tesla should move its incorporation to Texas. At time of writing, over 880,000 votes have been cast, with roughly 87% voting "Yes."

Later that night, Musk shared screenshots of an opinion piece from The Wall Street Journal, which claims that Delaware is "trying hard to drive away corporations."

Musk is currently the second-richest person in the world with an estimated net worth of $183.4 billion, according to Forbes data, behind only the luxury fashion empire owner Bernard Arnault, who is worth $211.6 billion.

About Our Expert

Kate Irwin

Kate Irwin

Reporter

I’m a reporter for PCMag covering tech news early in the morning. Prior to joining PCMag, I was a producer and reporter at Decrypt and launched its gaming vertical, GG. I have previously written for Input, Game Rant, Dot Esports, and other places, covering a range of gaming, tech, crypto, and entertainment news.

I’ve been a PC gamer since The Sims (yes, the original) in the CD-ROM days. I still think about my first-gen pink iPod mini, which, looking back, was not so mini. In 2020, I finally built my own custom Windows PC for gaming with a 3090 graphics card, but I also regularly use Mac and iOS devices. As a reporter, I’m passionate about documenting the wide world of tech and how it affects our daily lives.

My Areas of Expertise

  • Microsoft
  • Google
  • Artificial intelligence 
  • Cybersecurity
  • Video games are a big one. I specialize in shooters (Apex Legends, Fortnite, Overwatch) but I occasionally test out other genres as well, especially indie games or cozy games (The Sims series, Animal Crossing). 
  • The business and tech that powers video games
  • Cryptocurrency and blockchain technology
  • Social media platforms, including Meta’s apps, X/Twitter, Telegram, TikTok, etc.
  • Tech regulation

The Technology I Use

  • MSI gaming laptops
  • Nvidia graphics cards
  • AMD CPUs
  • MacBook Pro and Air laptops
  • An iPhone from 2019 (though I’m thinking about getting a “dumb phone” like the Light Phone)
  • Nintendo Switch
  • PlayStation 5
  • Freewrite Traveler 
  • At home: Sonos speakers (we have them all over the house), Philips Hue + Ring security products

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