Tesla and Elon Musk are attempting to restore Musk's $56 billion pay package using an obscure provision in Delaware's corporate law, despite a previous court ruling voiding the deal. Legal experts are divided on whether this strategy will be successful or lead to more litigation.
Key Points
Using a provision in Delaware corporate law to fix procedural defects
Proposing a shareholder vote to potentially restore Musk's pay package
Raising questions about boardroom decisions and fiduciary duties
Pros
Attempting to address procedural defects in the pay deal
Seeking shareholder approval for a revised pay package
Cons
Risk of inviting more shareholder lawsuits
Uncertainty around rewarding Musk for past performance