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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

Football Fan Killed in Clashes After Colombian League Match

Fans of Cúcuta Deportivo and their traditional rivals Atlético Bucaramanga clashed outside the stadium following their local league match on Tuesday, leaving one supporter dead and several others injured.

The deceased fan was stabbed, according to a senior police official in Cúcuta who confirmed the cause of death in a video statement. Local media reported that the victim was a supporter of the visiting team, Atlético Bucaramanga.

The match ended in a 2-2 draw. Authorities had banned the entry of Atlético Bucaramanga’s organized supporters into the stadium in an effort to prevent disturbances.

Despite the restrictions, violence broke out in the surrounding areas after the game. Among the injured were three police officers, an institutional source told AFP.

The incident adds to a series of recent violent episodes linked to Colombian football. The most recent occurred in December, when supporters of Atlético Nacional and Independiente Medellín clashed in the stands and on the pitch, leaving 59 people injured.

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Missing Spanish Sailor Rescued After 11 Days Adrift in Mediterranean

The man had departed from the port of Gandía, on Spain’s eastern coast, with the intention of reaching the southern Spanish town of Guardamar del Segura, a journey of about 150 kilometers, a spokesperson for Spain’s maritime rescue service told AFP.

Search boats and aircraft were deployed on January 17, but the operation was called off on January 22 after efforts proved unsuccessful. Alerts were then issued to vessels navigating the area in case they spotted any signs of the missing sailor.

As hopes were fading, a surveillance aircraft from the European Union’s border agency Frontex spotted the sailboat on Tuesday, along with a person signaling for help, approximately 53 nautical miles northeast of Bejaia, Algeria.

A nearby vessel, the Singapore-flagged bulk carrier Thor Confidence, carried out the rescue and is expected to bring the man to an end to his ordeal when it arrives on Thursday in the southern Spanish port city of Algeciras.

Maritime rescue services shared images on social media showing a small white sailboat drifting at sea and secured alongside the much larger ship.

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It remains unclear how the sailboat ended up hundreds of kilometers off its intended route or how the man managed to survive for so long alone in open waters.

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Rubio Says U.S. Could Participate in Follow-Up Russia-Ukraine Talks

The United States could join a new round of talks this week aimed at ending Russia’s invasion of Ukraine, Secretary of State Marco Rubio said on Tuesday.

Teams from Kyiv and Moscow met last Friday and Saturday in Abu Dhabi in their first publicly acknowledged direct negotiations to discuss the peace initiative promoted by former U.S. President Donald Trump.

“They are going to hold follow-up talks again this week,” Rubio told the Senate Foreign Relations Committee. “There could be U.S. participation.”

However, Rubio suggested that Washington’s role may be more limited than during last week’s discussions, which included Steve Witkoff, the president’s special envoy, and Jared Kushner, Trump’s son-in-law.

The secretary of state indicated that progress may have already been made on security guarantees for Ukraine, one of Kyiv’s key demands in any agreement with Moscow after nearly four years of Russian invasion.

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“There is one remaining issue that everyone is familiar with, and that is the territorial claim over Donetsk,” Rubio said, referring to the eastern Ukrainian region that Russia wants Ukraine to cede.

“I know that active efforts are underway to see whether the positions of both sides on this issue can be reconciled. It remains a bridge we have not yet crossed,” he added during the hearing.

Rubio acknowledged that the territorial question would be particularly difficult for Ukraine to resolve.

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