The judge ruling over Elon Musk’s ~$55 billion CEO pay package, which some Tesla shareholders claimed was obtained without following proper governance rules, has decided to reject Tesla’s attempt to reinstate it with a shareholder vote.
Delaware Supreme Court could be next.
In 2018, Tesla shareholders voted for Elon Musk to get a historic new CEO compensation package that could be worth $55 billion for the executive if Tesla achieved remarkable growth in valuation and profits, which it did.
However, some shareholders argued that Musk unfairly secured this extremely generous compensation plan by misleading shareholders about the fact that the plan was being put together by an independent board and negotiated in good faith.
They filed a complaint in court in Delaware. The case went to trial in 2022, but it took a long time for the judge to give her decision.
Earlier this year, Delaware Chancery Court Chief Judge Kathleen St. J. McCormick sided with the shareholders after testimonies from everyone involved in the pay package negotiations, or lack of negotiations, and a thorough investigation of how it came about.
She determined that Musk was in control of the board during the time it granted him the pay package while the board members who approved the package were also granted historically large compensations, which they ended up partly reimbursing as part of a settlement from a separate lawsuit for excessive compensation.
McCormick found many governance irregularities, including the fact that the board members who supposedly negotiated the package were not independent of Musk, and even his personal lead on the compensation was his own divorce lawyer, who he had recently hired to be general counsel at Tesla.
The judge rescinded the compensation package, which included over $50 billion worth of Tesla stock options that the CEO had yet to exercise. She asked Tesla to go back to the drawing board, renegotiate the pay package in good faith, and present it properly to shareholders.
Instead, Tesla disagreed with the judge’s findings around governance issues and decided to present the same package while including the judge’s decision in the updated proposal and having Tesla’s shareholders vote on it again.
In June, Tesla shareholders voted to reapprove the package, albeit at a lower percentage than the original vote.
Tesla’s legal team believed the vote would “ratify” the compensation package and force the judge to vacate her decision to void the pay package. However, both Tesla’s lawyers and most corporate law scholars agreed that this would require a completely new way to address ratification.
McCormick listened to both sides this August, and we were awaiting her decision by the end of the year.
Today, the judge released her decision and she sided against Tesla’s argument again:
“The large and talented group of defense firms got creative with the ratification argument, but their unprecedented theories go against multiple strains of settled law.”
Beyond the ratification problem, the judge also said that she believes Tesla again misrepresented the situation to shareholders in the statements made around the new vote:
“Even if a stockholder vote could have a ratifying effect, it could not do so here due to multiple, material misstatements in the proxy statement.”
On top of her ruling on the compensation, she also ruled against the lawyers for the shareholders, who were asking for a ridiculous $5 billion in Tesla stock as their legal fee. Instead, she awarded them $345 million.
Tesla is likely to contest the ruling, which could move the case to the Delaware Supreme Court.
Electrek’s Take
As I wrote last summer, Elon Musk’s compensation package case will haunt Tesla for years. Even if you believe Musk deserves this package, Tesla’s approach to reinstating it was boneheaded and didn’t follow the law as I, and seemingly the judge and most Delaware corporate law experts, understand it.
Tesla, and more specifically Elon Musk, it’s hard to differentiate the two lately, which is part of the problem, are showing no intention to address their governance issues.
Let’s be clear: Elon could get paid somewhat easily here. Even as much or close to this amount. However, it needs to do it through the proper governance and respect the process.
Instead, Elon prefers to lie to shareholders and present the situation as politically motivated lawfare. It’s nonsense.
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A judge has officially approved a settlement in a case brought by Tesla shareholders against board members who will now have to return stock, cash, and give up on stock options worth a total of nearly $1 billion.
Let me start this article with a quote from Tesla CEO Elon Musk:
Tesla will never settle a case where we’re in the right, and never contest a case where we’re in the wrong.
Today, Chancellor Kathaleen McCormick approved a settlement agreement between Tesla and all its board members from 2017 to 2020 and the Police and Fire Retirement System of the City of Detroit on behalf of Tesla shareholders over what the shareholders believed to be excessive compensation.
The agreement was first reported in July 2023, but it is only now being officially approved and we learn a few more details.
Shareholders believed that members of Tesla’s board were compensating themselves excessively with hundreds of millions of dollars between 2017 and 2020 when the average compensation of a board member of a S&P500 company is just north of $300,000.
Under the settlement, the board members agree to return to Tesla $277 million in cash, $459 million in stock options and to forgo $184 million worth of stock options awarded for 2021-2023.
That adds up to nearly $1 billion.
The board members include Kimbal Musk, Elon’s brother, Brad Buss, Ira Ehrenpreis, Antonio Gracias, Stephen Jurvetson, all close friends of Elon Musk and people who have financial dealings with Musk outside of Tesla, Linda Johnson Rice, Kathleen Wilson-Thompson, Hiromichi Mizuno and Larry Ellison, the co-founder of Oracle Corp and also a close friend of Musk.
As part of the settlement, Tesla or the board does not admit to any wrongdoing.
Musk didn’t take compensation as part of the board, but he is embroiled in a similar case over his own $55 billion CEO compensation package, which was rescinded by the same judge after she found that it wasn’t negotiated or presented to shareholders in good faith.
The board members who received this “excessive compensation” also happened to be the one who “negotiated” Musk’s CEO compensation package.
Despite how cold it may feel outside, Nissan’s electric SUV has likely been through colder. Nissan is proving its Ariya SUV can handle the extreme weather at its unique new test chamber at its tech center near Detroit. With temperatures ranging from -40 to 176 °F, the Ariya is being pushed to see what it’s made of.
Nissan launched the Ariya, its first electric SUV, in the US in late 2022. Over 13,400 Ariya models were sold in the US in its first sales year, with another nearly 20,000 handed over in 2024.
A few weeks ago, Nissan introduced the 2025 Ariya, starting at just $39,770. It has two battery options, 66 or 91 kWh, good for 216 and 289 miles range. That’s for the FWD models.
You can opt for Nissan’s e-4ORCE AWD dual-motor system for “thrilling acceleration” with up to 389 hp and 442 lb-ft of torque. However, with the added power, you sacrifice some range. The AWD Ariya gets up to 272 miles range.
With many parts of the country seeing frigid temperatures, Nissan says its “Ariya is very well equipped” to combat freezing weather.
The electric SUV was already the first vehicle (EV or gas-powered) to drive from the North to the South Pole in 2023. Now, it’s being put through the paces at Nissan’s tech center outside of Detroit.
It’s currently around 23 °F in Detroit, with a low of 11 °F, but Nissan says it’s even colder in its unique new test chamber. The chamber is located at the Nissan Technical Center North America campus, just outside Detroit.
Nissan Ariya handles cold weather tests in new chamber
“Our chambers are capable of temperatures ranging from -40 degrees Fahrenheit to 176 degrees Fahrenheit,” Jeff Tessmer, senior manager of Zero Emission Vehicles at Nissan’s tech center, explained.
Nissan tests the Ariya in a test chamber with “far more extreme” temperatures than the typical driver will see. Tessmer said, “We want to test the worst-case scenario so that our customers will still get the same performance in a wide variety of weather conditions.”
One of the biggest goals is to prove the electric SUV’s battery can maintain charge levels even in extreme weather.
Nissan puts it through “cold soak” tests to ensure performance. During a 24-hour cold soak, the Ariya was parked in -4 °F weather with a 17% battery charge. It also wasn’t plugged in or using its battery heater. After the team returned the next day, the electric SUV still had a 17% charge and started up immediately.
The Ariya is equipped with a battery heater that drivers can turn on ahead of time to ensure optimal performance. On hot days, it includes a liquid-cooled system to regulate battery temperatures.
Drivers can also use the MYNISSAN app to pre-warm the cabin, check the interior temperature, and schedule charging times. Ansu Jammeh, an engineer on Nissan’s Zero Emissions Engineering team, said the best time to use the heating feature is “when the vehicle is plugged in so that it uses power from the grid instead of the vehicle.”
2025 Nissan Ariya trim
Battery (kWh)
Starting Prices* (MSRP)
Range (miles)
Engage FWD
66
$39,770
216
Engage e-4ORCE
66
$43,770
205
Evolve + FWD
91
$44,370
289
Engage + e-4ORCE
91
$45,370
272
Evolve + e-4ORCE
91
$48,370
272
Platinum + e-4ORCE
91
$54,370
267
2025 Nissan Ariya prices and range by trim (*not including a $1,390 destination fee)
Nissan added a new wireless charging pad across all 2025 Ariya models. The inside features Nissan’s Advanced Drive-Assist setup with dual 12.3″ infotainment and driver display screens formed in a “wave-like” shape.
Other standard features of the 2025 model include wireless Apple CarPlay and Android Auto support, a Head-up display, and a Virtual Personal Assistant. It also includes Nissan’s ProPilot Assist for assisted driving.
Florida’s Rice Creek Solar Energy Center is now online, delivering nearly 75 megawatts (MW) of clean electricity to 12 cities across the state. The solar farm is part of the Florida Municipal Solar Project, one of the largest municipal solar initiatives in the US.
Located in Putnam County, near Palatka, the Rice Creek site is covered with 213,000 solar panels that generate enough power for around 14,000 homes. This marks the third solar site in the Florida Municipal Solar Project, with more on the way.
Twelve utilities are tapping into the clean energy from Rice Creek, including Beaches Energy Services (Jacksonville Beach), Fort Pierce Utilities Authority, Homestead, Keys Energy Services in Key West, Kissimmee Utility Authority, Lake Worth Beach, Mount Dora, New Smyrna Beach Utilities, Newberry, Ocala, Town of Havana, and Winter Park. This is the first solar power project for Havana, New Smyrna Beach, and Newberry.
Jacob Williams, the general manager of the Florida Municipal Power Agency, explained, “By working together, our members and their communities benefit from additional solar-powered energy that’s both cost-effective and carbon-free.”
The FMPA, based in Orlando, coordinates the project, while the 12 municipal utilities – who are also FMPA’s member-owners – purchase the power. Miami-based Origis Energy is the builder, owner, and operator of Rice Creek. According to Origis Energy’s Josh Teigiser, “We are honored to support this FMPA work. Long-term agreements for solar generation, including for Rice Creek Solar, provide a stable rate base contributing to lower and more predictable customers’ bills.”
Construction is already underway on a fourth Florida solar farm, Whistling Duck Solar, in Levy County. The Florida Municipal Solar Project is expected to grow to seven sites in the next few years and will generate a total of around 525 MW of clean energy.
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