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  • Tesla shareholders have voted to approve a multi-billion dollar pay package for CEO Elon Musk for a second time.

  • I just want to start off by saying, hot damn, I love you guys.

  • But Musk can't expect a payday just yet.

  • In January, a judge struck down the entire compensation package, now valued at roughly $48 billion, calling its approval process deeply flawed.

  • The vote doesn't automatically override the judge's decision, but it gives Tesla's lawyers some leverage in challenging the court's concerns.

  • Here's how it could play out.

  • First, the judge, Chancellor Kathleen McCormick, can choose to reverse her decision and accept the shareholders' vote.

  • She says, OK, you got me. That's it. I guess I'll give it all back and we're done.

  • The other extreme is that she looks at it and she says, this is ridiculous. You can't undo a trial finding this way.

  • And then that all gets appealed to the Delaware Supreme Court.

  • The third possibility is she says, I don't have enough information to be able to determine if this fixed at all.

  • In which case, maybe there has to be document production, discovery.

  • Maybe there has to be depositions. Maybe there has to be a whole new hearing.

  • Even after McCormick makes her final judgment, the legal battle isn't necessarily over.

  • If there is an appeal.

  • Now the Delaware Supreme Court has essentially three issues before it.

  • Issue one, was she correct about the 2018 package?

  • Issue two, is she correct about the effect of the new vote?

  • And issue three, legal fees.

  • For Tesla's board, the compensation deal's approval is already a victory.

  • In a lot of ways, investors are sending a strong endorsement of this plan.

  • And the board feels like that's an important part in getting this thing ultimately passed into Elon.

  • But worries that existed in 2018, when the pay package was first approved and challenged in court, haven't disappeared.

  • The Tesla board was concerned that he was distracted.

  • At the time he had SpaceX, he had the Boring Company, he had Neuralink.

  • And they were worried he was not buckling down, if you will.

  • And so they wanted to make it so enticing that he would be a fully engaged CEO at Tesla.

  • Here we are, all those years later, and he is arguably busier.

  • There has been criticism that he has been distracted.

  • Been distracted buying Twitter, now known as X.

  • Been distracted with X.A.I., this startup that he created for artificial intelligence, that to some looks like a competitor to Tesla.

  • And the question arises, is he fully engaged at Tesla?

  • Transcription by ESO. Translation by

Tesla shareholders have voted to approve a multi-billion dollar pay package for CEO Elon Musk for a second time.

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