Elon Musk, CEO of Tesla and X, speaks at the Atreju political convention organized by Fratelli d’Italia (Brothers of Italy), in Rome, Dec. 15, 2023.
Antonio Masiello | Getty Images
Two weeks after a Delaware court ruled that Tesla must rescind Elon Musk’s $56 billion pay package, the company’s board remains mum on what the decision means for shareholders or what’s next for the mercurial CEO.
In her 200-page opinion on Jan. 30, Chancellor Kathaleen McCormick called the pay plan the largest in public corporate history, and said it was agreed upon by people “who were beholden to Musk.” Since then, Musk has lashed out at the court, posted “Never incorporate your company in the state of Delaware” on his social media platform X, and said Tesla would hold a shareholder vote to move its site of incorporation to Texas.
Tesla hasn’t yet issued an SEC filing to notify shareholders of the ruling.
The decision came shortly after Musk indicated that he’s pushing for even more control of Tesla, posting on X in mid-January that he wanted roughly 25% voting control before turning the company into a leader in artificial intelligence and robotics. Musk is already building an AI company called xAI outside of Tesla.
The next step in the compensation case is an “implementing order” that will be hashed out between the court, Musk’s team and the lawyers representing shareholder Richard Tornetta, a former heavy metal drummer who was the plaintiff in the 2018 lawsuit filed on behalf of all Tesla investors.
As shareholders await answers, Tesla’s eight-person board, which includes Musk, his brother Kimbal, Chairwoman Robyn Denholm and former Tesla technology chief JB Straubel, has stayed silent, avoiding any public comments.
CNBC sent requests for additional information to Tesla investor relations, Musk and some board members. They all went unanswered.
Greg Varallo, who was lead counsel for Tornetta and is head of the Delaware office of Bernstein Litowitz Berger & Grossmann, told CNBC that theoretically Musk and his legal team could still pursue a last-minute settlement. While Varallo said he has no knowledge of Musk’s plans, he said he expects Musk to appeal the decision to the Delaware state Supreme Court.
“I’d give you very high odds on that,” Varallo said.
Kobi Kastiel, a law professor at Tel Aviv University, also predicts that Musk will appeal the ruling. Kastiel wasn’t involved in the litigation but he co-authored a 2023 paper in the Washington University Law Review titled “Superstar CEOs and Corporate Law” that was cited in McCormick’s ruling.
“Given the high stakes involved, it is likely that Tesla will appeal the decision,” Kastiel said in an email. In the absence of a successful appeal, “any new compensation arrangement with him will have to be assessed” in light of McCormick’s decision, Kastiel said.
‘Bunch of options would be returned’
In the 2018 CEO compensation plan, Tesla’s board awarded Musk a dozen tranches of stock options that would finish vesting in 2022 and were based on milestones, including many focused on stock price increases.
Between the beginning of 2018 and the end of 2022, Tesla shares soared almost 500% as Musk promised to turn Tesla into not just a dominant EV brand, but a robotaxi company and solar juggernaut, among other things. The S&P 500 gained 44% over that stretch, while the Nasdaq rose 52%.
Eric Talley, a professor at Columbia Law School, told CNBC that, should the ruling stand, Musk will lose his options but not any shares he previously held. The move would decrease the number of shares outstanding, potentially bolstering the value of each share held by investors.
“A bunch of options would be returned to Tesla’s coffers, which is hugely accretive to stock value,” said Talley, who wasn’t involved in the case. On the other hand, Talley pointed out, “Tesla has a very grumpy CEO who might want to take his ball and go home. Thus far, trading suggests those two factors have been a wash.”
Tesla shares are down slightly since the Delaware court’s decision in late January. They’re down close to 25% for the year, while major indexes are up.
He moved the incorporation location for his brain computer interface company, Neuralink, from Delaware to Nevada, filings revealed last week. He’s also been a big proponent of Texas in recent years, personally relocating there from California, and building massive complexes for SpaceX and Tesla in the state, which has no personal income taxes and a much lower business tax rate.
Author Walter Isaacson, who published a 688-page biography on Musk last year, told CNBC’s “Squawk Box” on Monday that if the ruling doesn’t get overturned, “it’s going to hurt Delaware.”
“People will say, ‘Wait, wait, you mean five years after something happens, eight years after something happens, you’ll go back and undo it?'” Isaacson said.
Tulane Law School professor Ann Lipton had a different take.
“It’s a very thorough opinion and the Supreme Court should give great deference to the factual findings of the trial court,” Lipton said.
In terms of what shareholders should ask of Tesla’s board now, Kastiel said, “Tornetta and recent media reports on Musk have emphasized the importance of accurate and detailed disclosure of the ties between controlling shareholders and directors.”
There’s a more fundamental concern at play, Kastiel said, regarding corporate governance in cases where a “superstar CEO” is running the show.
“As long as the CEO is perceived as a star and the company depends on the CEO’s vision and leadership, even nominally independent directors — those without strong ties to the CEO — will have difficulty monitoring the CEO’s conduct,” he said.
Kastiel also said that the decision likely makes Musk and Tesla more vulnerable to other types of lawsuits.
“Plaintiffs may have a better chance of advancing their claims by potentially leveraging the Tornetta findings to argue that the majority of the Tesla board is not independent of Musk,” he said. “To mitigate this risk, Tesla will need to significantly enhance the independence of its board and nominate new independent directors who do not have strong ties to Musk.”
The Walt Disney Company on Thursday announced it will make a $1 billion equity investment in OpenAI and will allow users to make videos with its copyrighted characters on its Sora app.
OpenAI launched Sora in September, and it allows users to create short videos by simply typing in a prompt.
As part of the startup’s new three-year licensing agreement with Disney, Sora users will be able make content with more than 200 characters across Disney, Marvel, Pixar and Star Wars starting next year.
“The rapid advancement of artificial intelligence marks an important moment for our industry, and through this collaboration with OpenAI we will thoughtfully and responsibly extend the reach of our storytelling through generative AI, while respecting and protecting creators and their works,” Disney CEO Bob Iger said in a statement.
Tune in at 10:30 a.m. ET as Disney CEO Bob Iger and OpenAI CEO Sam Altman joins CNBC TV to discuss the media giant’s investment. Watch in real time on CNBC+ or the CNBC Pro stream.
As part of the agreement, Disney said it will receive warrants to purchase additional equity and will become a major OpenAI customer.
Disney is deploying OpenAI’s chatbot ChatGPT to its employees and will work with its technology to build new tools and experiences, according to a release.
When Sora launched this fall, the app rocketed to the top of Apple’s App Store and generated a storm of controversy as users flooded the platform with videos of popular brands and characters.
The Motion Picture Association said in October that OpenAI needed to take “immediate and decisive action” to prevent copyright infringement on Sora.
OpenAI CEO Sam Altman said more “granular control” over character generation was coming, according to a blog post following the launch.
As AI startups have rapidly changed the way that people can interact with content online, media companies, including Disney, have kicked off a series of fresh legal battles to try and protect their intellectual property.
Disney sent a cease and desist letter to Google late on Wednesday alleging the company infringed its copyrights on a “massive scale.” In the letter, which was viewed by CNBC, Disney said Google has been using its copyrighted works to train models and distributing copies of its protected content without authorization.
Universal and Disney have sued the AI image creator Midjourney, alleging that the company improperly used and distributed AI-generated characters from their movies. Disney also sent a cease and desist letter to Character.AI in September, warning the startup to stop using its copyrighted characters without authorization.
Disney’s deal with OpenAI suggests the company isn’t ruling out AI platforms entirely.
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The companies said they have affirmed a commitment to the use of AI that “protects user safety and the rights of creators” and “respects the creative industries,” according to the release.
OpenAI has also agreed to maintain “robust controls” to prevent illegal or harmful content from being generated on its platforms.
Some of the characters available through the deal include Mickey Mouse, Ariel, Cinderella, Iron Man and Darth Vader. Disney and OpenAI said the agreement does not include any talent likeness or voices.
Users will also be able to draw from the same intellectual property while using ChatGPT Images, where they can use natural language prompts to create images.
“Disney is the global gold standard for storytelling, and we’re excited to partner to allow Sora and ChatGPT Images to expand the way people create and experience great content,” Altman said in a statement.
Curated selections of Sora videos will also be available to watch on Disney’s streaming platform Disney+.
Jyoti Bansal, co-founder and CEO of Harness, speaks at the company’s Unscripted conference in London on Sept. 25, 2025.
Harness
Almost nine years ago, Jyoti Bansal sold AppDynamics to Cisco for $3.7 billion just as the software startup was set to go public.
Bansal’s latest venture, Harness, is now worth substantially more than that, after raking in $200 million in fresh capital at a $5.5 billion valuation in a funding round led by Goldman Sachs.
Harness’ technology helps companies manage and monitor code that’s produced with the help of artificial intelligence, making sure it doesn’t break, create security vulnerabilities or trigger cost overruns. It’s a compliment to the so-called vibe coding trend that’s taken off with the boom in generative AI.
In recent months, venture capitalists have poured money into startups such as Cursor, Lovable and most recently Kilo Code that sell subscriptions for tools for directing AI models to write and update software. Harness’ software draws on models from Anthropic and OpenAI.
Earlier this year, Bansal bolstered Harness’ cybersecurity chops by merging the startup with Traceable, another company he co-founded. The combined company, based in San Francisco, has a total of about 1,300 employees.
Harness is on track to exceed its goal of more than $250 million in annualized revenue, growing more than 50% year over year, Bansal said. That makes it larger than AppDynamics at the time it was acquired by Cisco.
Bansal is aiming for a different outcome this time.
“I’m a believer that at the right market timing, we want to operate as a public company, so we can build for the long term,” Bansal said.
In addition to the funding round, Harness is also planning a $40 million tender offer to provide some liquidity to long-standing employees.
Esusu, a fintech platform that helps renters build credit scores, has raised $50 million in a Series C funding round at a $1.2 billion valuation.
Renters have remained largely excluded from the traditional credit system, with an estimated $1.4 trillion paid to landlords every year in the U.S., but only 20% of those landlords choosing to report the rent paid. As a result, millions of reliable renters remain in a category referred to as the “credit invisible.”
“110 million people in America rent … and less than 10% of that data shows up on their credit score,” said Esusu co-founder and CEO Wemimo Abbey in an interview on CNBC’s “Worldwide Exchange” on Thursday. “When people pay rent, we make sure it shows up in their credit score,” he said.
While on-time mortgage payments are known to increase one’s credit score, many renters don’t have any history of credit. Esusu reports on time rent payments to credit bureaus so renters can build their scores. Over 50 million Americans lack a credit history with the three major credit bureaus: Experian, Equifax and TransUnion.
The company says $30 billion in mortgages has already been accessed by renters who use its system.
“Esusu is fundamentally reshaping how the financial system can work for everyone,” Sean Mendy, partner at Westbound Equity Partners and a lead investor in the deal, said in a statement. “When people are given the tools to rise, they do.”
Esusu partners with 65% of the largest commercial real estate owners and property managers in the U.S., as well as with banks. Since its launch in 2016, its platform has grown to support more than five million rental units nationwide, reaching about 12 million renters and processing nearly $100 billion in annual lease volume. Landlords that use its technology include Bell Partners, BH Management, Blackstone, Cortland, Invitation Homes, Jonathan Rose Companies, Kayne Anderson, Morgan Properties, Nuveen Real Estate, Pretium, Related Companies, TruAmerica, and WinnCompanies.
The fintech company plans to use the new funding to expand three initiatives. It will broaden distribution of its rent reporting API through what it calls “rent reporting as a service.” Among recent partners for this initiative, Esusu technology now reaches 228 million monthly active users through real estate platform Zillow. The company also plans to launch Esusu Pay in 2026, which will allow renters to split monthly rent into installments.
Esusu will also focus on the opportunity to make rental data a more prominent feature in mortgage underwriting. The Federal Housing Finance Agency has formalized the inclusion of rental data in mortgage underwriting, which will required verified rental and identity data. Esusu acquired identity verification firm Celeri early this year. Esusu already has partnerships with Fannie Mae and Freddie Mac to increase the number of units nationally that report rent as part of credit.
Esusu founders Abbey and Samir Goel grew up watching their families struggle financially as immigrants from Lagos, Nigeria, and New Delhi, India, respectively, which was a founding motivation for Esusu. “When we came here, we didn’t have a credit score. We went to one of the biggest financial institutions to borrow money; we were turned away and had to go borrow from a predatory lender who wanted to lend at over 400% interest rate,” Abbey told CNBC in a June 2025 interview. “My mother sold my dad’s wedding ring. We borrowed money from church members and that’s how we got started.”