Latest / Elon Musk Podcast / Elon Musk Weekly News Update: Tesla, SpaceX, X, Neuralink, and More
Transcript
- 0:01Hey everybody, welcome back to the Elon Musk Podcast.
- 0:05This is a show where we discuss the critical crossroads, the
- 0:08Shape, SpaceX, Tesla X, The Boring Company, and Neuralink.
- 0:13I'm your host, Will. Walden, the legal team
- 0:16representing Tesla shareholder Richard Tornetta, has adjusted
- 0:20their demand for legal fees in the case against Elon Musk's
- 0:242018 CEO Performance Award. Initially, Tornetta's team
- 0:29sought an award amounting to 29.4 million Tesla shares valued
- 0:34over $5 billion. They have now proposed an hourly
- 0:38rate adjustment to $73,948, leading to a total fee of
- 0:44approximately $1.44 billion. Now, the Tornetta Verse Must
- 0:50case gained prominence in January when Judge Kathleen
- 0:54McCormick of the Delaware Court of Chancery an old Musk's 2018
- 0:58CEO performance award. Tornetta's lawyers argue that
- 1:02their substantial effort justifies their proposed
- 1:05compensation. Initially, they requested a fee
- 1:07based on 29.4 million Tesla shares, which would equate to
- 1:11more than $200,000 per hour. And Tesla has contested the fee
- 1:16request, proposing a much lower fee of $13.6 million for
- 1:21Tornetta's league team. Now Tesla's position was
- 1:24supported by Amy Stephens, a long time Tesla shareholder who
- 1:27also secured legal counsel to oppose the $200,000 hourly fee
- 1:32suggested by Tornetta's lawyers. In the revised filing,
- 1:35Tornetta's legal team offered an alternative perspective on the
- 1:39fee structure while rejecting Tesla's $13.6 million proposal.
- 1:43They suggested a cash based alternative that would equate to
- 1:46an hourly rate of $73,948, totaling around $1.44 billion.
- 1:53This rate is a significant reduction from the initial
- 1:56proposal, but still reflects their extensive work on the
- 1:58case. Tornado's lawyers provided a
- 2:02detailed argument supporting their fee request.
- 2:05They cited historical precedents such as the Southern Peru case
- 2:08where $35,000 an hour rate was awarded over a decade ago.
- 2:12Adjusting for inflation, this rate would be over $55,000 per
- 2:17hour today, which they argue justifies the revised rate of
- 2:20$73,948 per hour now. The lawyers argued that even
- 2:25Tesla's own estimates indicated a significant compensable value
- 2:30estimated at 2.3 billion. Using these estimates, they
- 2:34calculated that a low end cash award should be around 1.0842
- 2:40billion. Based on the affirmed inflation
- 2:42adjusted southern Peru numbers. They noted that this would still
- 2:46be lower than what they. Believe is fair compensation.
- 2:49Now, the attorneys pointed out that the southern Peru case
- 2:51involved penalties that reduce the final award, and in this
- 2:53case, the court penalized the plaintiff's counsel by reducing
- 2:58their fee request by 1/3 due to delays.
- 3:00And Tornetta's lawyers argued that without such penalties, the
- 3:03justified rate would indeed be around $73,948 per hour.
- 3:09Now, Tesla has responded by seeking to delay the July
- 3:12hearing schedule to determine the legal fees, arguing that a
- 3:16recent shareholder vote approved Musk's pay package it that
- 3:20impacts the case, and Tesla's attorneys filed a request to
- 3:24delay the hearing, citing the June 13th decision by
- 3:27shareholders as significantly affecting the remaining issues.
- 3:31Now, Greg Varalo, representing Tornetta, countered that Tesla's
- 3:37attempt to re litigate the approval process for Musk's pay
- 3:40package lacks legal basis. It should not delay the
- 3:43proceedings. He asserted that the shareholder
- 3:45vote has no legal effect after the court's judgement on the
- 3:48merits now. Varello emphasized that the
- 3:51court should move forward with the determining of the fee award
- 3:54for Tornado's legal team, arguing that they deserve
- 3:56billions of Tesla stock for the successful challenge.
- 4:00Delaying the hearing would postpone the final judgement and
- 4:02potential appeal process now. Judge McCormick previously
- 4:06annulled Musk's pay package, finding undisclosed conflicts of
- 4:09interest among Tesla's board members, and Mccormick's
- 4:12upcoming ruling on the legal fees will finalize the case and
- 4:15allow Musk to appeal to the Delaware.
- 4:17Supreme Court. Now, Musk has reacted to the
- 4:20court's decision by threatening to pull his company's legal
- 4:23incorporations out of Delaware and calling for a new proxy vote
- 4:26to move Tesla's corporate home to Texas.
- 4:29Now, Texas people and Tesla shareholders voted
- 4:33overwhelmingly in favor of this move.
- 4:36So Tesla's moving to Texas and Musk's called Relocate Tesla's
- 4:40corporate home and encourage other businesses to leave
- 4:43Delaware reflects his dissatisfaction with the state's
- 4:45legal decisions. Delaware's Chancery Court is
- 4:48known for its expertise in corporate litigation, housing
- 4:51more than 70% of Fortune 500 companies.
- 4:54And despite the shareholder vote approving Musk's pay package,
- 4:58Elon still faces legal challenges and overturning the
- 5:01Delaware court's decision. The Court's ruling voided his
- 5:042018 pay package, which he must now appeal to secure.
- 5:09The resolution of this case will have considerable financial
- 5:12implications for both Musk and the legal teams involved.
- 5:16The final determination of legal fees will set a precedent for
- 5:19future corporate litigation and executive compensation cases.
- 5:23The ongoing legal battle highlights the complexities of
- 5:26executive compensation and corporate governance,
- 5:29emphasizing the role of shareholder oversight in
- 5:32corporate decision making. The outcome will be closely
- 5:34watched by legal experts and corporate stakeholders.
- 5:37And if you have any stock in Tesla, be sure to watch this.
- 5:42See how this turns out. Because if Elon and company move
- 5:45everything to Texas, it could change everything.
- 5:49And remember, Elon threatened to pull away.
- 5:52From. Tesla, if he didn't get his pay
- 5:55package, he said he'd take his ball and go someplace else and
- 5:58go play other places and he might not be able to do XAI or
- 6:03other things because of this pay and the AI for Tesla.
- 6:09Well. Some of it uses technology from
- 6:12XAI. So Elon was gonna take that
- 6:15away. I I don't know, it does it seem
- 6:17like a bratty move? If you, you know, what do you,
- 6:20what do you think? It seems like a a move that
- 6:23almost a threat to shareholders that didn't approve of them
- 6:28moving to Texas. He just said, hey, I'm going to
- 6:32take all this money or I'm going to take everything else.
- 6:36So that's up to you to decide, whatever you think.
- 6:39And I think he's he should get the money because he did manage
- 6:43to get through all of the bullet points that he had to do.
- 6:48He had to achieve certain things, certain milestones and
- 6:50he achieved them all with flying colors.
- 6:52So I think he should be getting the award for that money.
- 6:57How? As the case progresses, the
- 6:58Delaware court's decisions will influence not only Tesla's
- 7:01corporate structure but also the broader landscape of executive
- 7:04compensation disputes. The legal principles established
- 7:08in this case will guide future shareholder actions and
- 7:10corporate governance practices. But ultimately, the court's
- 7:14final judgment will determine the appropriate compensation for
- 7:17Tornado's legal team and the validity of Musk's 2018 pay
- 7:20package. The decision will shape the
- 7:23future of executive compensation litigation for Tesla and Elon
- 7:28Musk. Tesla and opponents of Elon
- 7:31Musk's $56 billion compensation package clashed on Friday over
- 7:36how to resolve the ongoing legal battle surrounding the pay deal
- 7:41and the substantial legal fees contingent on its outcome.
- 7:44Tesla contends that a recent shareholder vote to reinstate
- 7:48Musk's compensation plan should overturn a prior court decision
- 7:53that nullified the package. The company has filed documents
- 7:57urging the Delaware judge to consider this vote and reverse
- 8:01her previous ruling. The dispute began when Tesla
- 8:04shareholders voted on June 13th to reinstate Musk's pay package,
- 8:09initially approved in 2018. However, this decision is
- 8:12pending while the lawsuit remains unresolved.
- 8:16The shareholder vote occurred after Delaware Chancery Court
- 8:19Chancellor Kathleen McCormick voided the pay package in
- 8:23January, finding that the board's process was influenced
- 8:26by Musk's personal relationships with board members and
- 8:29inadequate disclosure of information about the deal.
- 8:34Richard Tornetta, the shareholder who sued to
- 8:36invalidate Musk's pay package, argues that the recent
- 8:40shareholder vote should not impact the court's earlier
- 8:42decision. Tornetta's legal team insists
- 8:46that Tesla must appeal to the Delaware Supreme Court to
- 8:48reverse the January ruling. Additionally, they argue that
- 8:52before any appeal, Chancellor McCormick must determine the
- 8:55legal fees Tesla owes for winning the case.
- 8:59Tornetta's attorneys previously demanded 29 million shares of
- 9:03Tesla stock, valued at over $5 billion, as their legal fee.
- 9:08On Friday, they suggested Tesla could alternatively pay $1.1
- 9:13billion, a figure based on precedent in the Delaware Court
- 9:17of Chancery, though they described this amount as
- 9:20unfairly low. Tesla, on the other hand, urged
- 9:23the judge to address the implications of the shareholder
- 9:26vote first, which could potentially reduce the legal
- 9:30fees. Tesla maintains that the pay
- 9:33package was re approved by shareholders and reviewed by an
- 9:37independent board member, addressing the judge's concerns
- 9:40about Musk's undue influence over the board.
- 9:44The company plans to file a motion to reverse the January
- 9:49ruling, arguing that the shareholder vote resolves the
- 9:53issues raised by the court. Tornetta's legal team disputes
- 9:58Tesla's position, asserting that the process for proposing the
- 10:01ratification vote was flawed. They claim the shareholder vote
- 10:05was influenced by Musk's threats to shift his focus to artificial
- 10:09intelligence investments if he'd not gain more control over
- 10:11Tesla. This coercion, they argue,
- 10:14invalidates the vote's legitimacy.
- 10:16Musk's pay package, structured with performance based targets
- 10:20leading to stock option awards, was valued at $56 billion when
- 10:25the last milestone was achieved. According to Tesla, the
- 10:28compensation plan requires Musk to hold the stock options for
- 10:31five years before exercising them.
- 10:34This intricate structure is now under legal scrutiny as Tesla
- 10:37seeks to uphold the agreement. The legal battle put significant
- 10:42financial stakes for Tesla. If the courts rule in favor of
- 10:45Tesla, the company can maintain Musk's pay plan and a $2.5
- 10:50billion accounting charge recorded in 2018.
- 10:54Conversely, a negative ruling could force Tesla to hold
- 10:57another shareholder vote on the compensation plan and
- 11:00potentially book a charge of at least $25 billion, threatening
- 11:04future earnings. Kevin Murphy, an executive
- 11:08compensation expert and finance professor at the University of
- 11:11Southern California, testified for Tesla during the trial.
- 11:15He emphasized the unprecedented nature of this dispute,
- 11:19indicating that it's resolution could set new legal precedents.
- 11:22The outcome hinges on complex legal interpretations and the
- 11:26judge's decision making process. The spotlight now returns to
- 11:30Delaware Judge Kathleen McCormick, who ruled that
- 11:33Tesla's board did not act in the best interests of shareholders
- 11:36when approving Musk's pay package.
- 11:39Corporate law professor Anne Lipton from Tulane School of Law
- 11:43noted that McCormick must decide whether the new shareholder vote
- 11:48reinstates Musk's pay plan. This could involve considering
- 11:52written and oral arguments or requesting additional
- 11:55information and discovery. Tesla has requested an expedited
- 11:59schedule for submitting court documents to present further
- 12:02rationale for their positions. The company aims for a final
- 12:06judgement from McCormick before taking further legal steps.
- 12:11Tesla's legal team describes the recent shareholder vote as one
- 12:17of the most well informed in recent history.
- 12:20Citing support from major investors like BlackRock and
- 12:23Vanguard, Tesla reported that 72% of votes cast by
- 12:28shareholders, excluding Musk and his brother Kimball, favored the
- 12:31compensation package. The upcoming hearing before
- 12:34McCormick on July 8th will address unresolved matters,
- 12:38including the request for $6 billion in legal fees by
- 12:42Tornetta's lawyers, which Tesla disputes.
- 12:46Should McCormick validate Musk's compensation, she might also
- 12:49determine whether the shareholder vote retroactively
- 12:52reinstates the agreement. As of 2018, Tesla claims this
- 12:57could save the company at least $25 billion, making the court's
- 13:01decision Making the court's decision even more crucial for
- 13:05the company's financial outlook. Kevin Murphy suggests that if
- 13:08McCormick acknowledges the shareholder vote, she might
- 13:11decide not to interfere further in the contract between
- 13:15consenting parties. However, Murphy doubts this
- 13:18outcome, predicting that an appeal will follow with
- 13:20McCormick rules against Tesla And Lipton also anticipates that
- 13:24the losing side will appeal to the Delaware Supreme Court,
- 13:27indicating that Mccormick's decision may not be the final
- 13:30word on the matter. The case's resolution will
- 13:33likely involve multiple legal maneuvers and further judicial
- 13:38scrutiny. The broader implications of this
- 13:41case extend beyond Tesla potentially influencing
- 13:45corporate governance and executive compensation
- 13:48practices. Legal experts are closely
- 13:51monitoring the proceedings given their potential to set new
- 13:55precedents in shareholder rights and board responsibilities.
- 14:01As the legal battle continues, Tesla's ability to sustain
- 14:04Musk's compensation package and navigate the associated
- 14:08financial challenges remains uncertain.
- 14:11The company's strategy and legal arguments will be critical in
- 14:15shaping the final outcome and its impact on Tesla's future.
- 14:22The upcoming court hearing and subsequent legal proceedings
- 14:25will determine the fate of Musk's $56 billion pay package
- 14:29and the financial consequences for Tesla.
- 14:32The case underscores the complexities of executive
- 14:35compensation and corporate governance in today's business
- 14:38landscape. Tesla CEO Elon Musk has
- 14:41confirmed that the company plans to spend between 3 billion and
- 14:45four billion on NVIDIA AI chips this year.
- 14:48This revelation came on Tuesday when Musk addressed the
- 14:51reallocation of NVIDIA H 100 Graphics Processing units, GPUs
- 14:57originally intended for Tesla, to his other ventures, X and
- 15:02XAI. According to CNBC, Musk diverted
- 15:05approximately 12,000 NVIDIA H100 GPUs from Tesla to these other
- 15:12companies. This shift was confirmed by Musk
- 15:14in a post on X, where he stated that Tesla had no immediate use
- 15:19for the chips which would have otherwise remained in storage.
- 15:22The GP US are integral to Tesla's ambitions in developing
- 15:26its self driving technology. Tesla is constructing a
- 15:30substantial supercomputing infrastructure to support this,
- 15:34with the Giga, Texas facility nearing completion and slated to
- 15:37house 50,000 H 100 GP US dedicated to full self driving
- 15:43FSD training. Musk's actions have sparked
- 15:47discussions among shareholders and analysts about the potential
- 15:50delays this could cause for Tesla's supercomputing projects.
- 15:54This reallocation might lead to months long delays in setting up
- 15:58the necessary infrastructure, a critical component for advancing
- 16:02Tesla's AI capabilities. The delays could add fuel to
- 16:07ongoing criticism from Tesla shareholders, who are concerned
- 16:10about Musk's attention being divided across multiple
- 16:14companies. These concerns come at a time
- 16:17when shareholders are voting on Musk's $56 billion compensation
- 16:22package at the upcoming annual meeting.
- 16:25The financial markets reacted to the news, with Tesla's shares
- 16:28dipping nearly 1% on Tuesday, reflecting broader investor
- 16:32concerns. Meanwhile, Nvidia's stocks saw a
- 16:361.3% increase, continuing its upward trajectory with 135% gain
- 16:41year to date in 2024, driven by high demand for its GPUs.
- 16:46Despite the reallocations, Musk remains optimistic about Tesla's
- 16:50chip procurement, estimating significant investments in
- 16:53NVIDIA hardware. He has stated that Tesla's AI
- 16:57related expenditures for the year will total around $10
- 17:01billion, with about half dedicated to the company's
- 17:04internally designed AI systems and the Dojo supercomputer.
- 17:10The Giga, Texas facilities development is a focal point for
- 17:13Tesla's future. Musk highlighted that the
- 17:15supercomputing center will initially require around 130
- 17:19megawatts of power and cooling, with plans to expand to over 500
- 17:25megawatts within 18 months. The facility's infrastructure
- 17:29includes massive cooling systems, underground water
- 17:32lines, and four large water tanks.
- 17:35Musk confirm these developments in a recent post on X,
- 17:39describing the center as a super dense, water cooled
- 17:42supercomputer cluster. The facility is expected to play
- 17:45a crucial role in enhancing Tesla's self driving technology
- 17:49and AI capabilities. The diversion of GP US to X has
- 17:54potential implications for Tesla's timeline in achieving
- 17:57its AI goals. Musk's statement on X explained
- 18:01that Tesla's Austin factory is not yet ready to utilize the
- 18:04NVIDIA chips, justifying the temporary reallocation to
- 18:10prevent the chips from sitting idle.
- 18:12This decision may raise questions among Tesla investors
- 18:15about Musk's focus and priorities, especially given the
- 18:19company's ambitious targets for autonomous driving technology.
- 18:22Tesla is set to unveil its first robot taxi vehicle in August.
- 18:26Tesla's self driving technology, particularly its Autopilot and
- 18:31Full Self Driving features, has faced scrutiny following
- 18:34multiple crashes and fatalities. These incidents have put
- 18:38additional pressure on the company to demonstrate progress
- 18:42and reliability in its autonomous systems.
- 18:46Meanwhile, Musk's AI startup XAI is positioning itself as a
- 18:51competitor to giants like Open AI and Google.
- 18:54Last month, XAI announced a $6 billion funding round aimed at
- 18:58advancing its AI capabilities and developing new applications
- 19:02for generative AI. NVIDIA, a critical supplier in
- 19:07the AI industry, has seen substantial growth driven by the
- 19:11demand for its GPUs. CEO Jensen Huang highlighted
- 19:15during a recent earnings call that the company's products are
- 19:18in high demand, contributing to a 200% increase in revenue last
- 19:23quarter. Nvidia's success is tied to its
- 19:26ability to supply essential hardware for AI advancements
- 19:29across various industries. The company has become the third
- 19:33most valuable in the world, reflecting its pivotal role in
- 19:36powering AI research and applications.
- 19:40Musk's confirmation of Tesla's substantial investment in NVIDIA
- 19:43chips underscores the ongoing collaboration between the two
- 19:47companies. This partnership is expected to
- 19:49bolster Tesla's efforts in AI and autonomous driving.
- 19:52Despite the temporary reallocation of resources, the
- 19:57developments at Tesla's Giga Texas facility and the
- 20:00integration of NVIDIA hardware are crucial for the company's
- 20:03future AI endeavors. Elon Musk's strategic decisions
- 20:07regarding NVIDIA chips are indicative of his broader vision
- 20:10for AI across his various enterprises.
- 20:14While the immediate reallocation may pose challenges for Tesla,
- 20:17the long term prospects for AI advancements remain strong,
- 20:21driven by significant investments and ongoing
- 20:24developments in supercomputing capabilities.
- 20:28Blue Origin has called upon the Federal Aviation Administration
- 20:32to impose restrictions on the number of Spacex's Starship
- 20:35launches from Kennedy Space Center.
- 20:38This recent move is part of the ongoing rivalry between Jeff
- 20:42Bezos and Elon Musk. Blue Origins complaint aims to
- 20:46limit Spacex's Starship operations at Launch Complex 39
- 20:50A currently the site for Falcon 9 and Falcon Heavy rockets.
- 20:54SpaceX plans to use this complex for its Starship launches,
- 20:58proposing up to 44 launches annually.
- 21:01The FAA in May released Spacex's proposal for these high
- 21:05frequency Starship operations at Kennedy, including the necessary
- 21:09infrastructure to support such a launch schedule.
- 21:13The public comment from Blue Origin is the latest chapter in
- 21:16a long standing feud between Bezos and Musk.
- 21:22The two have frequently engaged in public and legal disputes
- 21:24over Space Flight supremacy, with both aiming to pioneer
- 21:27space tourism. Musk, known for his sharp
- 21:30retorts, responded to Blue Origins filing on social media
- 21:34platform X, which he owns, with the comment Sioux Origin.
- 21:39He further accused Blue Origin of using legal maneuvers to slow
- 21:42down Spacex's progress. Although Blue Origins comment
- 21:46holds no legal power, it will be considered by the FAA as they
- 21:50decide on the restrictions for Starship's operations at
- 21:54Kennedy. SpaceX is in the process of
- 21:57obtaining a Commercial Launch Vehicle Operator license for
- 22:00Starship at Launch Complex 39 A. This process includes preparing
- 22:05an Environmental Impact Statement EIS under FAA
- 22:09supervision to assess potential environmental impacts.
- 22:12The maiden voyage of Starship ended in an explosion, causing
- 22:16significant damage and prompting an FAA investigation.
- 22:20The blast from the launchpad in Boca Chica, Texas, damaged
- 22:24property up to six miles away, leading to legal action from
- 22:27environmental groups against the FAA.
- 22:30SpaceX has since improved the launchpad at Boca Chica to
- 22:33better contain debris and mitigate environmental impact.
- 22:37Despite these improvements, Blue Origin is leveraging the
- 22:40incident in its plea to the FAA. Blue Origins public comment
- 22:44cites the environmental scrutiny Starship operations have faced,
- 22:48including the lawsuit against the FAA, as a reason for the FAA
- 22:52to limit Starship launches at Kennedy.
- 22:55Blue Origin also has operations at Kennedy Leasing Space Launch
- 22:59Complex 36 and other facilities at Cape Canaveral Space Force
- 23:04Station. The company employs over 2700
- 23:09people in Florida with significant investments in
- 23:13infrastructure at the site. The filing expresses concern
- 23:17about the safety of Blue Origins property and personnel in case
- 23:21of a Starship launch anomaly, such as explosions or debris.
- 23:26It also mentions potential interference with shared
- 23:29infrastructure and limited resources.
- 23:31Blue Origin pointed out the massive fuel capacity of
- 23:34Starship Super Heavy Booster, highlighting the potential for
- 23:37significant environmental impact and safety hazards that could
- 23:41affect other operations at Kennedy.
- 23:43The company urged the FAA to cap the number of Starship launches,
- 23:48limit launch times, and invest in infrastructure to make
- 23:51Kennedy safer for other launch providers.
- 23:54Blue Origin also called for compensation for commercial
- 23:57activities impacted by Starship and penalties for SpaceX if it
- 24:02violates its EIS or license. Blue Origin is developing its
- 24:07own heavy lift rocket, New Glen, which has faced delays and has
- 24:11not yet flown. The rocket has secured several
- 24:14contracts, including one with NASA for a Mars mission, but the
- 24:18rivalry with SpaceX remains fierce.
- 24:22The rivalry has been especially public, with legal battles and
- 24:26public taunts. After losing a court case
- 24:29against NASA in 2021 over the Artemis Human Landing System
- 24:33contract, Blue Origin later secured a separate contract as a
- 24:37second provider in the military sector.
- 24:40Blue Origin recently won a significant contract with the US
- 24:44Space Force for 30 launches worth up to $5.6 billion,
- 24:50following previous losses to SpaceX and United Launch
- 24:54Alliance. Musk's public responses continue
- 24:57to reflect his contentious relationship with Bezos with
- 25:01accusations of legal obstruction rather than direct competition.
- 25:05Blue Origins latest filing underscores the intense
- 25:08competition and ongoing disputes between the two space companies.
- 25:13The FA as decision on the requested restrictions for
- 25:16Spacex's Starship launches will be an important move for the
- 25:20company as it will need hundreds of launches from Kennedy Space
- 25:24Center for the lead up to launch astronauts to the moon for the
- 25:28Artemis missions. Can we for one second?
- 25:34Think about SpaceX launching hundreds of Starships every
- 25:39single year, both from Boca Chica, Starbase Texas, and
- 25:43Kennedy Space Center in Florida. Now there are two companies that
- 25:49made it very apparent that they don't want this to happen.
- 25:54They did this the other day. And this is a thing that we have
- 25:59to talk about as a community and as people that want to see
- 26:04humans go to space, live on the moon, live on Mars.
- 26:09And these two companies want SpaceX to be halted from sending
- 26:14anybody to the moon for the Artemis program or in the future
- 26:20to live on Mars. They made this very apparent in
- 26:25some posts the other day. And Christian Davenport on X
- 26:31posted this and A finally with the FAA regarding Spacex's
- 26:36proposed use of Pad 39 A for Starship.
- 26:40Blue. Origin, Jeff Bezos's company,
- 26:44asked for a cap on the rate of Starship Super Heavy launch,
- 26:47landing and other operations, including but not limited to
- 26:50test firings, transport operations and fueling.
- 26:55Blue Origin also says there should be mandatory penalties
- 27:00for SpaceX for conducting operations not included in an
- 27:05EIS or other environmental restrictions, violating a launch
- 27:09license or any other laws, regulations, or other rules for
- 27:15operating. OK, let's take a look at this.
- 27:20So this reads, super heavy operations are expected to have
- 27:24a greater environmental impact. Remember that part, The
- 27:26environmental impact part is extremely important here than
- 27:30any other launch vehicle currently operating at KSC Super
- 27:35Heavy can hold up to an unprecedented 5200 metric tons
- 27:39of liquid methane for propulsion, resulting in
- 27:42qualified distances for safety margins that potentially overlap
- 27:46the operational sites of other companies, the government and
- 27:50the public. Now Blue Origin is talking about
- 27:52their own facilities at Kennedy Space Center here.
- 27:56Also the government, they pull them into this too, and the
- 27:59public which does regular people doing regular jobs, which is
- 28:03just people landscaping or doing whatever, you know, whatever
- 28:07they do. Now the scary part is they
- 28:10included environmental impact with this and this is where it
- 28:15gets a. Little.
- 28:16Bit dirty now. The data qualified quantifying
- 28:20these qualified operations operation distances has not been
- 28:24published, but given the anticipated super heavy launch
- 28:27rate and vehicle impact, the impact of super heavy operations
- 28:31at Kennedy Space Center maybe even greater than at Starbase.
- 28:35Now let's go on a little bit further.
- 28:37According the EIS should thoroughly evaluate the
- 28:40considerable risks, alternatives, mitigations and
- 28:44resources listed below. The issues raised herein are
- 28:47reasonably foreseeable. OK.
- 28:51Capping the rate of Super Heavy launches, landings, and
- 28:55operations. Capping basically cutting off
- 28:59SpaceX at the kneecaps so they can't do any launches or very
- 29:03few launches from Kennedy Space Center.
- 29:06Also no test firings. Transport operations, fueling to
- 29:10a number that has a minimal impact on local environment.
- 29:14Locally operating personnel and the local community.
- 29:18They're just talking about the locals in consideration of all
- 29:22risks and impacts, including but not limited to anomaly risk, air
- 29:26toxin and hazardous materials dispersion, Rd. closures, and
- 29:29heat and noise generation. They're basically calling out
- 29:32SpaceX here. It's making them seem like
- 29:35monsters. Government investment in
- 29:37additional launch infrastructure that would make more launch pads
- 29:40available to other entities in a manner that de conflicts the
- 29:43Super heavy operations. From other launch providers
- 29:45basically saying, hey, give us the.
- 29:48Opportunity to continue doing our own launches while SpaceX is
- 29:51doing their Starship stuff. It's a pretty big document and
- 29:57it seems pretty sketchy in my opinion and I'm going to get
- 30:00into. That a little bit later.
- 30:01Why it's sketchy? What they want to do is put a
- 30:04public perception of SpaceX into the zeitgeist.
- 30:08The SpaceX is bad and Blue Origin is good.
- 30:11Jeff Bezos, Oh, he's such a good guy.
- 30:14Elon's unhinged. He's crazy.
- 30:17Look at this guy. He does all sorts of wacky
- 30:18stuff. He's a Wildman.
- 30:20Jeff Bezos secretly undercover builds this massive rocket
- 30:24that's in direct competition with SpaceX.
- 30:26Direct competition was super heavy.
- 30:28So by softening the blow with a greater environmental impact
- 30:33statement on the 1st sentence, they make people think.
- 30:37They make the government think, oh, this is going to be bad.
- 30:40It's bad for the environment. Nobody wants to mess up the
- 30:43environment. I don't I, I mean, you don't
- 30:46want the water to get polluted. You don't want all of that
- 30:49wildlife to die. Oh my God, what could happen if
- 30:54SpaceX, if something happens, if SpaceX is super heavy rocket at
- 30:57Kennedy Space Center, That's what they that's what they say.
- 31:00This is a direct attack against SpaceX.
- 31:03Now, mind you, the second sentence, unprecedented 5200
- 31:07metric tons of liquid methane for propulsion resulting in
- 31:11qualified distances for safety margins.
- 31:13I understand this part that potentially overlap the
- 31:16operational sites of other companies, the government and
- 31:19the public. OK, so this part is true.
- 31:24When Starship launches, the safety precautions that will be
- 31:28needed for people, planes, boats, other companies, it's a
- 31:35big kind of blast radius for this thing.
- 31:39They have to be 7 miles away. And some of these companies,
- 31:42including Blue Origin, aren't in that.
- 31:45They are inside that blast radius.
- 31:47They're not in the safe zone. So Blue Origin during these
- 31:52launches, if there's going to be hundreds of launches per year,
- 31:56that could be 100 days that SpaceX takes over Kennedy Space
- 32:02Center. So this part of it totally
- 32:05understand Bezos totally get it. Dude you look like a super
- 32:09villain. OK, you have your giant yacht.
- 32:12You. Have all the money in the world
- 32:15and you also don't want this to stop your giant rocket from
- 32:21launching and for your from your company from making money which
- 32:26totally get it. Bezos is a savage businessman
- 32:31and he will go after anybody that impedes his companies in
- 32:34any single way. So SpaceX here, if Blue Origin
- 32:39is in the blast radius of Starship super heavy, the keep
- 32:44out zone from launches and of test flights, SpaceX, Elon
- 32:48actually said they're not going to do test flights from Kennedy
- 32:51Space Center, but they have to, right?
- 32:55They have to get the the Starship ready to go at Boca
- 32:59Chica, Starbase, Texas. But the first flight that they
- 33:02do from Kennedy Space Center, it's not not a test.
- 33:07They're going to be testing all the systems the first time.
- 33:10Sure, it might be a successful launch and landing of the Super
- 33:12heavy Starship, but it also could be, you know, a, a test of
- 33:19sorts because they've never flown from that position before
- 33:24from that spot. So from the Kennedy Space Center
- 33:28launch tower that isn't even built yet, it's kind of a test.
- 33:33So Bezos and company over here at Blue Origin, they kind of
- 33:36have a point. I mean, that part of it, yeah.
- 33:40But the whole environmental impact thing, that's.
- 33:42Just a cover up. For what they really want, and
- 33:46that's for SpaceX to get sued, they want legal precautions put
- 33:54in place, mitigations if you will, for SpaceX.
- 33:57So they can't launch from Kennedy's Space Center.
- 34:00They want to hold them within red tape, strangle them for
- 34:05years to come for within a environmental assessment,
- 34:11environmental impact studies possibly could take years to
- 34:15complete. Environmental impact studies,
- 34:19you know they say here. Accordingly, the EIS
- 34:22Environmental Impact Study should thoroughly evaluate the
- 34:25considerable risks, alternatives, mitigations, and
- 34:29resources listed below. Issues raised herein are
- 34:32reasonably foreseeable. Now, here we go.
- 34:36This is the part that gets a little bit wonky.
- 34:43They're way ahead of everybody else.
- 34:45So why would SpaceX not want to keep going forward here?
- 34:52Elon and company, they're gonna keep working no matter what.
- 34:55They're going to keep doing whatever they whatever they do
- 34:57at Boca Chica, they're gonna make that second tower.
- 35:00They're in the process right now on everyday Astronauts channel,
- 35:03he interviewed Elon and Elon said they're building a brand
- 35:07new tower. Everything's brand new.
- 35:10The tower that we see now, it's going to be garbage compared to
- 35:13this new tower apparently. And they're going to upgrade
- 35:16everything, a new water system, new flame trench type system, he
- 35:21said. Elon said the engineers are
- 35:23going ham on this thing and building a a better tower.
- 35:28So bigger tower, better tower. And in here they say the
- 35:33government investment in additional launch infrastructure
- 35:36that would make more launch pads available to other entities.
- 35:39So basically, hey, we won't have the ability to launch when
- 35:43SpaceX has Super Heavy ready to launch.
- 35:46We won't be able to do any of our operations.
- 35:49We need. We need the room, we need the
- 35:50space, we need the time. So build us another pad, get us
- 35:55all the other stuff that we need, the the roads, whatever we
- 35:59need. We need like some other ways to
- 36:00do our job. Totally get it.
- 36:04And is Elon and SpaceX pushing the boundaries of Space Flight?
- 36:08Yes. But is he pushing back on people
- 36:11that are slow? Yes.
- 36:14You know, if if Blue Origin can't keep up with them, then
- 36:19what is what is Blue Origin supposed to do?
- 36:21They're going to sue them. They're going to sue you.
- 36:23Sue the hell out of them. And the FAA is gonna go along
- 36:27with it. You know the FAA isn't gonna go
- 36:28along with it, but the FAA. This is a letter to the FAA, by
- 36:30the way. This isn't just something they
- 36:32put out there. So here's another second
- 36:35company. So not only was it bad that Blue
- 36:39Origin was doing this, but also the ula has entered the chat.
- 36:45What is up? Tori, Tori Bruno, You have a
- 36:49cool cowboy hat. You have a cool mustache.
- 36:51When you grow it out, you ride a horse, you have a giant rocket
- 36:55company that's worth billions of dollars, but yet you joined up
- 37:00with Blue Origin to also attack SpaceX, and it seems kind of
- 37:06sketchy. I'm not going to lie here.
- 37:09I want everybody to get along. I want all these rocket
- 37:11companies to work together so people can work and live on the
- 37:15moon and go to Mars. Why would you want to stop that?
- 37:20The reason is it's Monday. Moolah Big green.
- 37:24Now this is what Ula had to say. As a threshold matter, the EIS
- 37:29must acknowledge that Starship is still in experimental stages.
- 37:32SpaceX plant operations at LC39A Kennedy Space Center have
- 37:36evolved and continue to evolve. We know it's a test vehicle
- 37:40right now the FAA knows Starship is the largest rocket ever built
- 37:46and is currently tested at Spacex's private base in Boca
- 37:49Chica, Texas and in prior test results test flights SpaceX Now
- 37:53this is the scary part people has experim experienced several
- 37:57technical accidents. In addition, SpaceX has
- 38:00acknowledged that the vehicle is not meeting anticipated
- 38:03performance levels, and as a result, SpaceX has indicated
- 38:07that it plans to increase the size and thrust level of the
- 38:11vehicle stages to address this performance shortfall.
- 38:15This would result in environmental and safety issues
- 38:18greater than those witnessed at Boca Chica.
- 38:22Let's scare the pants off everybody.
- 38:24Let's just scare them, OK? They have a big rocket.
- 38:30We know that it's gonna have more thrust than anything.
- 38:33Everybody knows that the FEA works completely hand in hand
- 38:37with SpaceX. So it's not like the FEA doesn't
- 38:40know this stuff. And I can't believe they did
- 38:42this on the same day as Blue Origin, within the within 24
- 38:47hours of each other. Come on, Tori.
- 38:50You know what, Tori? I'm not mad about this.
- 38:55I'm just disappointed in you. You could have taken the High
- 39:00Road. You could have done the right
- 39:02thing. You could have competed with
- 39:05SpaceX directly. You could have spent money
- 39:09building reliable reusable rockets that could be launched
- 39:14from an American launch provider with such a heritage and
- 39:18prestige. Like ula you could have just
- 39:21fought them hand to hand combat. But instead you're using sneaky
- 39:27tactics. You're being a little sketchy
- 39:30here. You're talking at the side of
- 39:33your mouth. You should be talking
- 39:34straightforward instead of saying this environmental stuff,
- 39:39these rockets, they're going to hurt things.
- 39:42Yeah, it's in a it's, it's a deal, right?
- 39:45The FAA, SpaceX, it's a big deal.
- 39:48It's a big rocket. But instead you took the low Rd.
- 39:51Tory Ula and Blue Origin. If you think they're not working
- 39:57together on this, they're both posted within the same 24 hours.
- 40:02There's some stuff going on here between these two companies.
- 40:05People talk, they're in the same industry, they work right down
- 40:08the road from each other. So of course, somebody wrote an
- 40:13e-mail, hey, we're going to release this thing or ula.
- 40:19Saw. What Blue Origin did and said,
- 40:21hey, we can do the same thing. Let's get on, Let's get them
- 40:24guys, make a better rocket that can compete with the Super
- 40:28Heavy. You wouldn't have to worry about
- 40:30this. OK, so there's other parts to
- 40:33this that we can go through, and Blue Origin covered most of it.
- 40:38But they're disguising this as an environmental issue when in
- 40:43all actuality, this is about money, baby.
- 40:48Billions of dollars that they could be getting from the
- 40:51government and from other sources.
- 40:54Department of Defense, private contractors flying satellites
- 40:59into orbit, whatever it is ula Blue Origin.
- 41:04See the writing on the wall? They're scared.
- 41:06They're backed up into a corner. SpaceX is eating their lunch.
- 41:10Now these two are trying to fight back.
- 41:12They're trying to be the bullies.
- 41:14But what they're doing here is they're being sneaky, and
- 41:17they're being, let's just say, a little bit underhanded.
- 41:24They're using the system, the FAA and the government to their
- 41:28advantage, and they're coming directly at SpaceX for this.
- 41:33Now, remember, if SpaceX gets tangled up in this red tape,
- 41:37they could be stuck in it for years to come.
- 41:40And we couldn't see a SpaceX Starship launch from Kennedy
- 41:45Space Center for two, maybe three years because of this.
- 41:49What happens to the Artemis program because these two petty
- 41:53companies are attacking SpaceX? I understand where they're
- 41:58coming from. If they're in the blast radius
- 42:01of a Starship, figure it out. The FAA, SpaceX, Kennedy Space
- 42:05Center, they'll all figure it out.
- 42:08And because these two bigger companies, these two big
- 42:11companies, massive rocket companies are working with the
- 42:15government and they're working with NASA, Kennedy Space Center,
- 42:18etcetera, they have some pull. So I get it.
- 42:21I totally get it, but just do it the right way.
- 42:27Let them handle their business. I understand where you're like
- 42:29where you're airing this out right now, but it's pretty
- 42:33sketchy. It's pretty like obviously you
- 42:37work together on this. No matter Like show us, show us,
- 42:41show us that you didn't show us that you didn't work together.
- 42:45How about that? OK, that's pretty.
- 42:49It's very funny though, that like they didn't, they didn't
- 42:52expect us to get that. Do you do it right?
- 42:56Let them go through the proper channels.
- 42:58The FAA. Let them do their thing.
- 43:01If the FAA says they're ready to go, then they're ready to go.
- 43:05SpaceX intends to launch a larger model at LC39A than it is
- 43:10currently testing in Boca Chica. SpaceX reveal plans to at
- 43:14minimum quadruple payload size to make up for shortfalls.
- 43:18I'd like this the shortfalls in predicted performance.
- 43:22Starship will. Eventually be 400 and. 92 feet
- 43:25tall, by the way, That's freaking huge. 500 feet tall. 50
- 43:30story building what? In the world.
- 43:34Is going on super. Every booster is expected to
- 43:36hold up to 4100 metric tons of propellant, the Starship up to
- 43:402600 metric tons. The maximum liftoff thrust is
- 43:43anticipated of 103 mega Mega Newtons, resulting in launch
- 43:48impacts would far exceed current impacts seen during current Boca
- 43:51Chica launches. Yeah, it's a bigger rocket.
- 43:56We know additional growth of the Starship.
- 43:57Launch vehicle may be planned if performance continues to fall
- 44:01below expectations. Given these changes, EIS must
- 44:05perform a comparative analysis between current usage impacts
- 44:09and the proposed operations, with a rocket proposed to be
- 44:12more than double the size of any current licensed launch vehicle
- 44:16and with increased frequency of launches.
- 44:18So hundreds of launches per year, hundreds of launches say
- 44:24100 launches say even 50 launches per year, 50.
- 44:30Launches that's. 50 days that some of these engineers and
- 44:34workers in the office anywhere, any driving a truck, who knows
- 44:38what you're doing out there. You could just be like watering
- 44:40the lawn, doing landscaping at Kennedy Space Center, but you
- 44:45couldn't do it. Because.
- 44:46SpaceX is launching a Starship. I get it.
- 44:50Tori. I I.
- 44:52Understand where you're coming. From.
- 44:54SpaceX and the FAA work like this.
- 44:59They work like this. They also do this.
- 45:01That's a magic trick, by the way, children, this, that's a
- 45:04trick my dad taught me anyway, not to be a little bit weird,
- 45:08but that's a cool thing you can do, by the way, and show people
- 45:12that you have magic fingers. And if you do it to a little 3
- 45:15year old, they're going to be like what has happened?
- 45:19SpaceX knows what they're doing. They've been working with the
- 45:21FAA since inception, and the FAA is very knowledgeable about
- 45:29what's going on in Boca Chica. They have to be because they're
- 45:33operating with SpaceX. They're authorizing SpaceX to
- 45:37launch these rockets from Boca Chica, so they know exactly
- 45:41what's going on. They did damage reports for the
- 45:44first second. 3rd. And upcoming launches, they're
- 45:48doing all that stuff with SpaceX and they know what SpaceX is
- 45:51planning. So anything they do here,
- 45:53anything that Blue Origin or ula does, it's just them beating
- 45:59their chest and shoving SpaceX to the side and saying, hey,
- 46:04let's wrap you up in some red tape.
- 46:06Let's do another environmental impact study.
- 46:08They putting up pressure on the FAA.
- 46:11It could. Happen.
- 46:13And SpaceX could be stuck in that red.
- 46:16Tape. For two years while they do an
- 46:20environmental impact study to see if anything is gonna happen
- 46:25with the Starship. If.
- 46:27Anything goes wrong? Do you think this is right?
- 46:33Ula and Blue Origin, do you think this is the right way to
- 46:36do it or do you think that, you know, making this public and
- 46:41posting these things on the same day, You don't think this is an
- 46:44attack, direct attack on Space X2?
- 46:49Two of the biggest. Space Flight companies in
- 46:52existence just just so. Happened to have the.
- 46:55Same idea on the same day. It's so cute, so cute.
- 46:59June 25th. Hey, I got this idea.
- 47:03I think I'm going to post something on my account about
- 47:08the FAA. This is pretty cool.
- 47:10And then that was Blue Origin, by the way.
- 47:12And then ula goes, I got an idea.
- 47:15You got this really great idea. I think I too am going to post
- 47:20something that I don't know anything about Blue Origin, but
- 47:23I'm going to do it myself. Let me just post this.
- 47:26And nobody, nobody knew that this was going to happen.
- 47:30Whatever, dude. These companies, they're talking
- 47:34to each other. There's some background stuff
- 47:36going on. They're both like, yo, what are
- 47:40you going to post today? Hey, let's post this up, dude.
- 47:43There's like two people, you know, there's.
- 47:46There's like this. Scheme.
- 47:48You know how you always think like those people that are like,
- 47:50oh, there's like a dark whatever.
- 47:53In the background. That's controlling things.
- 47:56It's just people, right? But these people are weird.
- 48:00Like these two entities ula and Blue Origin, they're like, let's
- 48:04make the maximum impact against SpaceX.
- 48:07Let's do it together, let's fight SpaceX.
- 48:11And if we do it and there's two of us.
- 48:14SpaceX can't. Fight us, because we're gonna.
- 48:16Get the FAA involved, we're gonna wrap him up in this red
- 48:18tape and they'll never get out. And then me being Blue Origin,
- 48:23I'll be able to launch my giant rocket from Kennedy Space Center
- 48:28before SpaceX launches their rocket from Kennedy Space
- 48:32Center. You get a little bragging
- 48:36rights. You might get some contracts
- 48:39that SpaceX doesn't get because you have a flight proven.
- 48:41Rocket. SpaceX doesn't have that yet.
- 48:45You might get big. Contracts you might.
- 48:47Get government contracts. You might get Department of
- 48:49Defense contracts that are only awarded to.
- 48:54Rockets that have. Made it to orbit or have done
- 48:57other certain things. And if Blue Origin can push
- 49:01SpaceX back from doing that from Kennedy Space Center, who knows
- 49:04what kind of contracts they could get.
- 49:06Millions of dollars, billions of dollars worth of contracts the
- 49:09SpaceX might not get because Jeff Bezos and company ula
- 49:13included Tori calling you out. Cowboy hat looks cool.
- 49:16That big mustache you had look cool.
- 49:18But you know what? You're a punk.
- 49:19Stop it. Stop it, Jeff Bezos.
- 49:22Stop it, Tori. You're being babies about this.
- 49:27SpaceX is going to work with the FAA.
- 49:30You didn't have to do. This this.
- 49:31Is such a bitch move, dude, come on.
- 49:36Come on. I know my channel's like for
- 49:38fun, but this is a real bitchy thing to do, so come on.
- 49:42That's all I'm saying. Christian, Thanks.
- 49:45For posting this. Washington Post Christian
- 49:49Davenport Good, good tweets but. If you like this kind of.
- 49:54Commentary and you want to be part of this community, please.
- 49:57I urge you to hit the thumbs up and the subscribe button if
- 50:01you're on YouTube. If you're on your podcast
- 50:03platform, please hit the follow button because it does help out
- 50:08the channel tremendously. Now, if you are on YouTube and
- 50:12you do a thumbs up and you do the subscribe and you do a
- 50:15comment too, that'll be great too.
- 50:17If you don't have anything to really say to add to the
- 50:20commentary there, please just post a rocket emoji.
- 50:23That'd be great because we all like Space Flight, but the
- 50:27algorithm's going to pick that up for you.
- 50:29Not just for me, but for you. And they'll start sending you
- 50:32more spaceflight content, not just from this channel, but from
- 50:36other spaceflight creators that you might not have heard about.
- 50:40I do it all the time. I get random spaceflight people.
- 50:43I'm like, oh. They have a different
- 50:45perspective. This is cool.
- 50:47So that's what the algorithm does for you.
- 50:48Some podcast players do that too, but on YouTube, that's
- 50:52exactly what it does. So please, like, comment,
- 50:55subscribe, and if you really like this stuff, please become a
- 50:58member of the channel because it helps me out and helps me
- 51:03continue to do these shows every single week and bring you all
- 51:07the news and commentary about all this weird stuff that
- 51:09happens in Space Flight, like this weird thing that happened
- 51:13today. Let me know in the comments what
- 51:15you think. All right, that's it for today.
- 51:17Everybody please take care of yourselves and each other, and I
- 51:22will see you in the next one. Tesla shareholders have.
- 51:26Recently voted to ratify Elon Musk's 2018 stock options
- 51:30package, appearing to defy a previous court ruling that
- 51:33voided the pay plan. Now, this vote comes after a
- 51:37January ruling by Delaware Judge Kathleen McCormick, which
- 51:41rescinded Musk's compensation package due to concerns over
- 51:44undue influence and misleading information provided to
- 51:48shareholders. Now, Tesla attends of the
- 51:50shareholder vote nullifies the court's decision, thus making a
- 51:54new development in the ongoing legal battle over Musk's $56
- 51:57billion pay package. Now, in January, Chancellor
- 52:01Kathleen McCormick of Delaware's Court of Chancery invalidated
- 52:04Musk's pay plan. The judge determined that Musk's
- 52:07close relationships with some Tesla board members unduly
- 52:11influenced the negotiation process.
- 52:13Moreover, the company was found to have inadequately informed
- 52:16shareholders about Tesla's progress toward meeting
- 52:19performance based targets. This ruling posed a significant
- 52:22challenge to Musk, who had been instrumental in Tesla's
- 52:25emergence as a leader in the electric vehicle market.
- 52:29Now the recent. Shareholder vote.
- 52:31Which took place two weeks ago approved the 2018 stock options
- 52:35package. Tesla argues that this approval
- 52:37signals strong support from Musk's leadership and
- 52:40compensation plan, effectively indicating the January court
- 52:43ruling. According to Tesla's filing, the
- 52:46final court order should state judgment is entered for the
- 52:49defendants, indicating that the company and Musk have prevailed
- 52:53in this legal contest. However, the legal team
- 52:56representing the shareholders is contesting this outcome.
- 52:59They're urging the judge to uphold her original ruling and
- 53:02mandate that Tesla pay them potentially billions of dollars
- 53:06in Tesla stock as legal fees. Richard Tornetta, the
- 53:10shareholder who initiated the lawsuit, has requested 29
- 53:13million shares of Tesla stock that's at around $5 billion as
- 53:18their fee. Alternatively, they have
- 53:20proposed a $1.1 billion payment, which they argue is based on
- 53:25precedent but still unfairly low in their view.
- 53:29Now Judge McCormick. Has ordered both parties to
- 53:31prepare briefs addressing the impact of the shareholder vote
- 53:34on the case. She has also scheduled oral
- 53:36arguments on this issue for late July or early August.
- 53:40On July 8th, McCormick will hear arguments specifically about the
- 53:44legal fees, with a ruling expected a few weeks later.
- 53:48Even if she does not reverse her January ruling, she might
- 53:50consider the shareholder vote as an indication that Tesla
- 53:53shareholders support Musk's compensation, potentially
- 53:56undermining the fee request from the shareholders legal team.
- 54:01Now Tesla. 'S assertion in the court.
- 54:02Filing that Musk won the legal battle over his pay package
- 54:06because of the shareholder votes reflects the company's belief
- 54:08that this approval overrides the previous court decision.
- 54:12Tesla's filing, made public on Thursday, argues that the
- 54:15shareholder vote should lead to a final order favoring the
- 54:19defendants, effectively siding with Tesla and Elon Musk.
- 54:23And the legal team for the shareholders maintains that the
- 54:26judge should adhere to her initial ruling invalidating
- 54:29Musk's pay package. They're seeing seeking a
- 54:32substantial legal fee award from Tesla, which they argue is
- 54:36justified by the value they provided to the company by
- 54:39having the pay package rescinded.
- 54:41Tesla, however, contends that a fair fee might be as low as
- 54:45$13.6 million now. On Thursday, Judge McCormick
- 54:49directed both sides to begin preparing briefs outlining their
- 54:52positions on how this shareholder vote affects the
- 54:55case. She also instructed them to.
- 54:57Argue. On a date for oral arguments in
- 55:00July or early August and the judge will hear arguments about
- 55:03the legal fees on July 8th and may take several weeks to issue
- 55:07her ruling. Now, even if Judge McCormick
- 55:10does not reverse her January decision, she might consider
- 55:14that the shareholder vote demonstrated a lack of value in
- 55:16winning the case between Tesla shareholders evidently support
- 55:20Musk's record-breaking compensation.
- 55:22This could significantly weaken the shareholders legal team's
- 55:25argument for a large fee based on the purported benefit they
- 55:29provided by rescinding the pay package and Musk's pay package,
- 55:34which is 56. Billion dollars.
- 55:36Consists of performance based targets that trigger stock
- 55:38option awards. He must hold for five years
- 55:41before exercising when the last target was achieved.
- 55:45Now, the value of the package fluctuates with Tesla stock
- 55:47prices of course, which has declined by over 20% this year
- 55:51due to weaker consumer demand for E VS.
- 55:54Tesla's defense team, in a motion fell down June 20th,
- 55:57argued that the shareholder ratification vote vindicates
- 56:00Musk's stock options award. They asserted that the
- 56:03consequences of the ratification change the litigations course,
- 56:07in effect any potential relief and attorney fees that might be
- 56:10awarded to the plaintiff's council.
- 56:13Chancellor McCormick, in response to Tesla's motion,
- 56:15wrote that she wants to conduct the hearing on the legal fees
- 56:18without considering the shareholder vote, as a separate
- 56:21meeting will be held to address the votes impact, she said.
- 56:25Given that, we will hold a separate oral argument devoted
- 56:28solely to the questions raised by the stockholder vote.
- 56:31For the purposes of the July 8th hearing, the parties are
- 56:34instructed to argue the points at issue without regard to the
- 56:38stockholder vote. All arguments.
- 56:40Concerning the. Stockholder vote will be deemed
- 56:42preserved now. James Park, a securities
- 56:46regulation expert at the University of California, Los
- 56:48Angeles, said there's an importance of considering the
- 56:51shareholder votes impact on the litigation's overall value.
- 56:55He said. My only thought.
- 56:56Is that the? Defendant is correct that it
- 56:58would be difficult to evaluate the benefit of the litigation,
- 57:01which is necessary to evaluate the fee request, without
- 57:04considering the impact of the shareholder ratification vote.
- 57:08He added that McCormick. 'S response.
- 57:10Likely indicates that she is preserving her options.
- 57:13Attorneys for both Tesla and Tornetta, the plaintiff, have
- 57:16not responded to requests for our comments here, and the case
- 57:20outcome remains uncertain, with significant implications for
- 57:23both Musk's compensation and the shareholders legal fees.
- 57:27Somebody's going to be paid billions of dollars here now.
- 57:30The ongoing legal battle over Musk's $56 billion pay package
- 57:35continues to generate considerable attention, and
- 57:38Tesla's contention that the shareholder vote nullifies the
- 57:41earlier court ruling adds a kind of weird dimension to this
- 57:45dispute. The final outcome will depend on
- 57:48the judge, of course, and. How they interpret?
- 57:51The shareholders vote impact and her ruling on illegal fees.
- 57:55But despite these challenges, Musk has continued to lead Tesla
- 57:58forward. It's challenging right now.
- 58:01The EV market is dwindling and the companies face slower sales
- 58:05and increased competition in their sales.
- 58:08Musk is hinted at developing some new products outside Tesla
- 58:12if he doesn't secure a large ownership stake.
- 58:16This is a high stakes thing going on right now, and the
- 58:19resolution of this case will likely have broader
- 58:21repercussions for corporate governance in executive
- 58:25compensation practices going forward.
- 58:27The involvement of Tesla shareholders and ratifying
- 58:29Musk's pay package shows that this is a complex matter.
- 58:34They have to balance this between shareholders, investors
- 58:38and the board and Elon Musk and also the courts and as the legal
- 58:43proceedings. Progress.
- 58:45The implications of the shareholder vote in the final
- 58:47ruling on legal fees will be in everybody's mind, and it may
- 58:54disrupt Tesla's stock going forward.
- 58:57So be careful out there. This isn't stock advice, this
- 59:00isn't investment advice, but just be careful with what you
- 59:04buy in the near term if you. Plan on buying.
- 59:08Tesla 'cause this could have a could have a negative or
- 59:11positive impact depending on how this goes.
- 59:14So just take heed there. Hey, thank you so much for
- 59:23listening today. I really do appreciate your
- 59:25support. If you could take a second and
- 59:27hit the subscribe or the follow button on whatever podcast
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- 59:33appreciate it. It helps out the show
- 59:34tremendously and you'll never miss an episode.
- 59:37And each episode is about 10 minutes or less to get you
- 59:41caught up quickly. And please, if you want to
- 59:43support the show even more, go to patreon.com/stage Zero.
- 59:49And please take care of yourselves and each other.
- 59:51And I'll see you tomorrow.