José Elías

Let me get this story straight. So Elon’s 2018 compensation package was approved by ~80% of Tesla shareholders during a time the company’s valuation was ~$60B ($20 per share). The plan would require him to grow the market cap by $50B increments with the first milestone starting at a $100B valuation with the final milestone being $650B, in addition to aggressive revenue, pretax profit growth targets that many thought would be impossible, especially knowing the company was facing bankruptcy dead in the eyes during this time. If Elon were to hit all the milestones, he would then be granted this full $55B compensation package that gave him stock options to purchase Tesla stock at a heavily discounted price and the stock could not be sold for another 5 yrs after exercising the options to prevent an “exercise & run”. He hit all the milestones and created real value for the company & its shareholders (today, the valuation of Tesla sits at ~600B, a 10X from the year the comp package was approved, and a world class financial war chest). Also, btw, if Elon were to not hit these milestones, he would have been paid essentially nothing. Then in 2019, a shareholder named Richard Tornetta (who held 9 shares of Tesla) filed a lawsuit claiming that the compensation package was excessive & unfair, claiming the board had not acted in the best interest of its shareholders. Then today, the Delaware judge named Kathaleen St. Jude McCormick voided this compensation package claiming it was excessive and the process for coming up with Elon's comp plan wasn't independent bc he controlled the BOD and the directors who approved the plan weren't truly independent. Further claiming that the shareholders who approved the comp plan weren't made aware of this controlled relationship. Wow… you really can’t make this stuff up, this is literally what just happened. Personally, I’m not so concerned about Tesla bc I believe the board & shareholders will approve an even better & more aggressive compensation package for Elon (e.g. include the $55B 2018 comp that he deserves, give him 25% voting share, include milestones for Tesla to become the largest valued company in the world & more, etc.) which will ultimately keep Elon motivated to stay at Tesla and build the future of AI & robotics within the company. However, my main concern here is the fundamental foundation of capitalism that America is built upon. The CEO of a company was incentivized with a compensation package & it was approved by its shareholders to create value and he did. He hit all the milestones that were laid out, it wasn’t a pump or dump, and he didn’t steal or deceive shareholders. He simply went all in, put his blood, sweat, and tears into building the best products to change the world for the better, which created tremendous value for the ones that believed, invested, and stuck through. And now a judge has retroactively removed the reward for the leader that got the company to where it is today. Why would any CEO/founder in America want to work hard, when the result of his or her hard work can easily be taken away unfairly like this? What happened today, is very wrong and if nothing is done to fix it, it will crush the entrepreneurial spirit & heartbeat that America was originally built upon.