Lawyers for a Tesla shareholder who sued to block the pay package contended that shareholders who had voted for the 10-year plan in 2018 had been given misleading and incomplete information. Photo via cdn.britannica.com

For a second time, a Delaware judge has nullified a pay package that Tesla had awarded its CEO, Elon Musk, that once was valued at $56 billion.

Last week, Chancellor Kathaleen St. Jude McCormick turned aside a request from Musk's lawyers to reverse a ruling she announced in January that had thrown out the compensation plan. The judge ruled then that Musk effectively controlled Tesla's board and had engineered the outsize pay package during sham negotiations.

Lawyers for a Tesla shareholder who sued to block the pay package contended that shareholders who had voted for the 10-year plan in 2018 had been given misleading and incomplete information.

In their defense, Tesla's board members asserted that the shareholders who ratified the pay plan a second time in June had done so after receiving full disclosures, thereby curing all the problems the judge had cited in her January ruling. As a result, they argued, Musk deserved the pay package for having raised Tesla's market value by billions of dollars.

McCormick rejected that argument. In her 103-page opinion, she ruled that under Delaware law, Tesla's lawyers had no grounds to reverse her January ruling “based on evidence they created after trial.”

What will Musk and Tesla do now?

On Monday night, Tesla posted on X, the social media platform owned by Musk, that the company will appeal. The appeal would be filed with the Delaware Supreme Court, the only state appellate court Tesla can pursue. Experts say a ruling would likely come in less than a year.

“The ruling, if not overturned, means that judges and plaintiffs' lawyers run Delaware companies rather than their rightful owners — the shareholders,” Tesla argued.

Later, on X, Musk unleashed a blistering attack on the judge, asserting that McCormick is “a radical far left activist cosplaying as a judge.”

What do experts say about the case?

Legal authorities generally suggest that McCormick’s ruling was sound and followed the law. Charles Elson, founding director of the Weinberg Center for Corporate Governance at the University of Delaware, said that in his view, McCormick was right to rule that after Tesla lost its case in the original trial, it created improper new evidence by asking shareholders to ratify the pay package a second time.

Had she allowed such a claim, he said, it would cause a major shift in Delaware’s laws against conflicts of interest given the unusually close relationship between Musk and Tesla’s board.

“Delaware protects investors — that’s what she did,” said Elson, who has followed the court for more than three decades. “Just because you’re a ‘superstar CEO’ doesn’t put you in a separate category.”

Elson said he thinks investors would be reluctant to put money into Delaware companies if there were exceptions to the law for “special people.”

What will the Delaware Supreme Court do?

Elson said that in his opinion, the court is likely to uphold McCormick's ruling.

Can Tesla appeal to federal courts?

Experts say no. Rulings on state laws are normally left to state courts. Brian Dunn, program director for the Institute of Compensation Studies at Cornell University, said it's been his experience that Tesla has no choice but to stay in the Delaware courts for this compensation package.

Tesla has moved its legal headquarters to Texas. Does that matter?

The company could try to reconstitute the pay package and seek approval in Texas, where it may expect more friendlier judges. But Dunn, who has spent 40 years as an executive compensation consultant, said it's likely that some other shareholder would challenge the award in Texas because it's excessive compared with other CEOs' pay plans.

“If they just want to turn around and deliver him $56 billion, I can't believe somebody wouldn't want to litigate it,” Dunn said. “It's an unconscionable amount of money.”

Would a new pay package be even larger?

Almost certainly. Tesla stock is trading at 15 times the exercise price of stock options in the current package in Delaware, Morgan Stanley analyst Adam Jonas wrote in a note to investors. Tesla's share price has doubled in the past six months, Jonas wrote. At Monday’s closing stock price, the Musk package is now worth $101.4 billion, according to Equilar, an executive data firm.

And Musk has asked for a subsequent pay package that would give him 25 percent of Tesla's voting shares. Musk has said he is uncomfortable moving further into artificial intelligence with the company if he doesn't have 25 percent control. He currently holds about 13 percent of Tesla's outstanding shares.

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New UH white paper details Texas grid's shortfalls

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Two University of Houston researchers are issuing a warning about the Texas power grid: Its current infrastructure falls short of what’s needed to keep pace with rising demand for electricity.

The warning comes in a new whitepaper authored by Ramanan Krishnamoorti, vice president of energy and innovation at UH, and researcher Aparajita Datta, a Ph.D candidate at UH.

“As data centers pop up around the Lone Star State, electric vehicles become more commonplace, industries adopt decarbonization technologies, demographics change, and temperatures rise statewide, electricity needs in Texas could double by 2035,” a UH news release says. “If electrification continues to grow unconstrained, demand could even quadruple over the next decade.”

Without significant upgrades to power plants and supporting infrastructure, Texas could see electricity shortages, rising power costs and more stress on the state’s grid in coming years, the researchers say. The Electric Reliability Council of Texas (ERCOT) grid serves 90 percent of the state.

“Texas, like much of the nation, has fallen behind on infrastructure updates, and the state’s growing population, diversified economy and frequent severe weather events are increasing the strain on the grid,” Datta says. “Texas must improve its grid to ensure people in the state have access to reliable, affordable, and resilient energy systems so we can preserve and grow the quality of life in the state.”

The whitepaper’s authors caution that Texas faces a potential electricity shortfall of up to 40 gigawatts annually by 2035 if the grid doesn’t expand, with a more probable shortfall of about 27 gigawatts. And they allude to a repeat of the massive power outages in Texas during Winter Storm Uri in February 2021.

One gigawatt of electricity can power an estimated 750,000 homes in Texas, according to the Texas Solar + Storage Association.

The state’s current energy mix includes 40 percent natural gas, 29 percent wind, 12 percent coal, 10 percent nuclear and eight percent solar, the authors say.

Despite surging demand, 360 gigawatts of solar and battery storage projects are stuck in ERCOT’s queue, according to the researchers, and new natural gas plants have been delayed or withdrawn due to supply chain challenges, bureaucratic delays, policy uncertainties and shifting financial incentives.

Senate Bill 6, recently signed by Gov. Greg Abbott, calls for demand-response mandates, clearer rate structures and new load management requirements for big users of power like data centers and AI hubs.

“While these provisions are a step in the right direction,” says Datta, “Texas needs more responsive and prompt policy action to secure grid reliability, address the geographic mismatch between electricity demand and supply centers, and maintain the state’s global leadership in energy.”

Houston-area logistics co. breaks ground on recycling center tied to circularity hub

coming soon

TALKE USA Inc., a Houston-area arm of German logistics company TALKE, broke ground on its new Recycling Support Center in Mont Belvieu Aug. 1.

The facility will process post-consumer plastic materials, which will then be further processed at Cyclyx's new Houston-based Circularity Center, a first-of-its-kind plastic waste sorting and processing facility that was developed through a joint venture between Cyclix, ExxonMobil and LyondellBasell.

The materials will ultimately be converted into recycling feedstock.

“We’re proud to break ground on a facility that reflects our long-term vision for sustainable growth,” Richard Heath, CEO and president of TALKE USA Inc., said in a news release. “This groundbreaking marks an important milestone for our team, our customers, and the Mont Belvieu community.”

The new facility was partially funded by Chambers County, according to the release. The Baytown Sun reports that the county put $1 million towards the construction of the project, which brings advanced recycling and mechanical recycling to the area.

TALKE USA said it plans to share more about the new facility and its impact in the future.

Meanwhile, the Houston-based Cyclyx Circularity Center (CCC1) is slated to open this year and is expected to produce 300 million pounds of custom-formulated feedstock annually. A second circularity center, CCC2, is expected to start up in the Dallas-Fort Worth area in the second half of 2026. Read more here.

8 Houston energy giants top global corporate startup index for 2025

Global Group

Eight major players in Houston’s energy industry rank among the world’s top 20 energy companies for corporate startup activity.

The inaugural Corporate Startup Activity Index 2025, published by StartupBlink, ranks global corporations by industry. The eight Houston-area employers fall into the index’s energy and environment category.

Researchers from StartupBlink, an innovation research platform, scored more than 370 companies based on three factors: corporate involvement in startup activity, startup success and ecosystem integration.

The eight Houston-area energy employers that landed in the energy and environment category’s top 20 are:

  • No. 3 BP. Score: 13.547. U.S. headquarters in Houston.
  • No. 5 Saudi Aramco. Score: 7.405. Americas headquarters in Houston.
  • No. 7 Eni. Score: 6.255. Headquarters of Eni U.S. Operating Co. in Houston.
  • No. 8 Shell. Score: 6.217. U.S. headquarters in Houston.
  • No. 11 Occidental Petroleum. Score: 5.347. Global headquarters in Houston.
  • No. 15 Engie. Score: 3.352. North American headquarters in Houston.
  • No. 17 Repsol. Score: 2.980. U.S. headquarters for oil and gas operations in The Woodlands.
  • No. 19 Chevron. Score: 2.017. Global headquarters in Houston.

“Building a startup is hard, and navigating corporate innovation can be just as complex. This ranking is a step toward making the connection between startups and corporations more transparent, enabling startups and corporations to collaborate more effectively for mutual success,” said Eli David Rokah, CEO of StartupBlink.

Salesforce topped the global index with a score of 380.090, followed by Intel, Google, Qualcomm, and Comcast.

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This article originally appeared on InnovationMap.com.