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Musk to testify at trial over his $50 bn Tesla compensation

Photo: Hoy Dinero

| By AFP | Juliette Michel |

Tesla tycoon Elon Musk will take the stand on Wednesday as part of a trial over his $50 billion pay package as CEO of the electric car giant.

Musk will testify in the same Delaware court where he faced a lawsuit by Twitter to make sure he went through with his buyout of the social platform.

The $44 billion purchase of Twitter has put Musk under a deluge of scrutiny after he conducted massive layoffs, scared advertisers and opened the platform to fake accounts.

The unrelated Tesla case is based on a complaint by shareholder Richard Tornetta, who accused Musk and the company’s board of directors of failing in their duties when they authorized the pay plan.

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Tornetta alleges that Musk dictated his terms to directors who were not sufficiently independent from their star CEO to object to a package worth around $51 billion at recent share prices.

The Tesla shareholder accuses Musk of “unjustified enrichment” and asked for the annulment of a pay program that helped make the entrepreneur the richest man in the world.

According to a legal filing, Musk earned the equivalent of $52.4 billion in Tesla stock options over four and a half years after virtually all of the company’s targets were met. 

When the plan was adopted it was valued at a total of $56 billion.

The non-jury trial began Monday with testimony from Ira Ehrenpreis, head of the compensation committee on Tesla’s board of directors, who said the targets set were “extraordinarily ambitious and difficult”.

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Ehrenpreis argued that the board wanted to spur Musk to focus on Tesla at a time when the company was still struggling to gain traction.

‘Highly unusual’

The trial will run through Friday and is being presided over by Judge Kathaleen McCormick, the same judge who was to preside over the Twitter case.

There is no deadline for her decision which could take months.

It’s “highly unusual” for this kind of case to be brought to trial, Jill Fisch, Law professor at the University of Pennsylvania, told AFP.

“There aren’t all that many successful challenges to executive compensation (as) the courts have typically treated this as a business decision,” she added.

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But the court found in this case that Musk’s ownership of about 22 percent of Tesla and his role as CEO “could have an undue impact” on the board and other shareholders, she noted.

Musk canceled an in-person appearance on Sunday at an event on the sidelines of the G20 in Bali to be in court.

Asked why he had not traveled to the tropical Indonesian island, the new Twitter boss joked that his “workload has recently increased quite a lot” after his takeover of the social media giant.

International

Ukraine declares nationwide energy emergency amid russian attacks and extreme cold

The Ukrainian government on Wednesday declared a nationwide energy state of emergency amid continued Russian military attacks and extreme winter weather, with nighttime temperatures dropping as low as minus 18 degrees Celsius.

“The consequences of Russian attacks and worsening weather conditions are severe (…) Overall, a state of emergency will be declared for Ukraine’s energy sector,” Ukrainian President Volodymyr Zelensky said in a statement posted on social media following a meeting with senior officials.

Zelensky announced the creation of a “permanent coordination headquarters” to manage the crisis in the capital, Kyiv, and tasked former defence minister and current energy chief Denys Shmyhal with overseeing support efforts for affected individuals and communities, including addressing power outages, heating shortages and other “practical issues.”

“There are many problems that require urgent solutions,” the president said, noting that repair crews, energy companies, municipal services and the State Emergency Service are working “around the clock” to restore electricity supplies. Kyiv has been particularly affected after Russian strikes last Friday disabled key parts of the power grid, as daytime temperatures hover around minus 12 degrees Celsius and plunge to minus 18 at night.

Zelensky added that public authorities will “maximize efforts with partners to obtain the necessary equipment and additional support,” while the government will ensure “maximum deregulation of all processes” to speed up the connection of backup power equipment to the grid. He also confirmed that work is underway to significantly increase electricity imports into Ukraine.

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The Ukrainian leader further instructed his Cabinet to review curfew regulations in light of the extreme cold, arguing that citizens must have the greatest possible access to assistance centers, while businesses should be given flexibility to plan their operations according to the state of the energy system.

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International

France joins Denmark’s ‘Operation Arctic Resistance’ in Greenland amid U.S. tensions

French President Emmanuel Macron confirmed in the early hours of Thursday (Wednesday afternoon in El Salvador) that France will take part in “Operation Arctic Resistance,” after Denmark announced it would expand its military presence in Greenland amid rising tensions with the United States over Washington’s stated ambitions regarding the semi-autonomous territory.

“At Denmark’s request, I have decided that France will participate in the joint exercises organized by Denmark in Greenland, ‘Operation Arctic Resistance,’” Macron said in a brief message posted on social media at 5:18 p.m.

The French president added that “the first French military elements are already on their way, with others to follow,” though he did not specify the number of troops being deployed or the scale of France’s planned contribution.

The governments of Sweden, Norway and Germany have also confirmed the deployment of military contingents to Greenland. Germany’s armed forces will send a 13-member reconnaissance team to the Greenlandic capital, Nuuk, to take part in a mission scheduled to run from Thursday through Saturday, according to the German Ministry of Defence.

Denmark’s announcement came shortly before a Danish delegation met at the White House with U.S. Vice President JD Vance and Secretary of State Marco Rubio to discuss Washington’s plans regarding Greenland. Copenhagen said the military activities would be carried out “in close cooperation with NATO allies.”

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Iran closes airspace amid U.S. threats and deadly nationwide protests

Iranian authorities closed the country’s airspace in the early hours of Thursday, according to data from flight-tracking website FlightRadar24, amid growing threats of a possible U.S. attack as protests across the country continue and have reportedly left thousands dead.

According to FlightRadar24, the Iranian government suspended all flights to and from the country, except for international flights that have received special authorization. The notice was initially issued for a duration of just over two hours.

The move comes after U.S. President Donald Trump in recent days threatened to strike Iran if its security forces failed to halt the deaths linked to weeks-long protests that began in Tehran and later spread to other Iranian cities. Despite the threats, the White House said diplomacy remains Trump’s preferred option.

Speaking from the Oval Office on Wednesday, Trump claimed that “the deaths in Iran have stopped” and said there would be no executions of protesters following his warnings to Tehran. He added that his administration would seek to verify those claims.

“I’ve been told the deaths in Iran are stopping. They’ve stopped, and that there are no plans for executions,” Trump told reporters, cautioning that the United States would be “very upset” if those assurances proved to be untrue.

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The statements contrast with reports from rights groups. The Norway-based NGO Iran Human Rights (IHRNGO) said on Wednesday that more than 3,400 people have been killed since the protests erupted. Meanwhile, Kurdish-Iranian rights group Hengaw reported this week that a 26-year-old Iranian man, Erfan Soltani, was facing execution as of Wednesday.

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