Public policy favors $7 billion fee award in Musk pay case, Tesla shareholder's lawyer says
Updates paragraphs 1, 4-5, 8-13 with arguments from Tesla and a shareholder's legal team
By Tom Hals
WILMINGTON, Delaware, July 8 (Reuters) - A record $7 billion in attorneys' fees for three firms that successfully challenged Elon Musk's $56 billion Tesla pay package provides an incentive for lawyers to hold corporate boards accountable, an attorney for a company shareholder told a Delaware judge on Monday.
For more than six hours, legal teams for the company and a shareholder sparred over how much to award to three law firms which represented RichardTornetta, who owned nine shares of Tesla when he sued over Musk's pay package in 2018.
The fee Tornetta has asked for on behalf of the firms equals around $7.3 billion at Tesla's Monday stock price and amounts to a rate of roughly $370,000 for every hour worked by the 37 lawyers, associates and paralegals, court documents submitted by Tornetta's lawyers showed.
John Reed, Tesla's lawyer, said on Monday that the fee petition never should have been filed.
"It looks like a real-life lawyer joke," he told Chancellor Kathaleen McCormick of the Court of Chancery.
The legal fee represents a cut of the value that the plaintiff's lawyers say was createdfor Tesla TSLA.O by a Delaware judge's January ruling that rescinded Musk's $56-billion pay package.
The firms that represented Tornetta include Bernstein Litowitz Berger & Grossmann.
Tornetta's attorney Greg Varallo said the shareholder's legal team was seeking far less than the law allows, which is up to 33% of the benefit to Tesla from the lawsuit.
He said the January ruling was the largest judgment ever by an American court, excluding punitive damages, and argued that Tornetta's lawyers should receive 11% of that judgment paid in the form of 29 million Tesla shares.
Varallo argued that a large fee award would encourage shareholder attorneys to try to protect small investors.
"If Delaware continues to perceive value in policing bad behavior, then narrowing incentives would be a very bad idea," Varallo said.
Reed countered that the January ruling destroyed value by sending Tesla's stock down as it created uncertainty about Musk's future at the company.
He asked McCormick to award as little as $13.6 million as a fee.
More than 8,000 Tesla stockholders have flooded the court with some 1,500 letters and objections over the fee, according to court documents.
The request vastly outstrips the current record fee in shareholder litigation of $688 million in an Enron class action, according to Stanford Law School.
The Musk case took a dramatic turn when Tesla shareholders in June voted to ratify Musk's pay, which Tesla has argued corrected the flaws in the 2018 process that McCormick identified in her ruling.
The company argues that Musk's pay package has been restored and that Tornetta's legal victory has been transformed into a loss.
McCormick will hear arguments about the legal impact of the ratification vote in the coming weeks.
McCormick may take weeks or months to rule on the legal fee. The Delaware Supreme Court is considering a $267 million fee request in a shareholder class action involving Dell Technologies and that decision could provide fee guidance.
Reporting by Tom Hals in Wilmington, Delaware; Editing by Aurora Ellis, Rod Nickel and Richard Chang
免責聲明: XM Group提供線上交易平台的登入和執行服務，允許個人查看和/或使用網站所提供的內容，但不進行任何更改或擴展其服務和訪問權限，並受以下條款與條例約束：（i）條款與條例；（ii）風險提示；（iii）完全免責聲明。網站內部所提供的所有資訊，僅限於一般資訊用途。請注意，我們所有的線上交易平台內容並不構成，也不被視為進入金融市場交易的邀約或邀請 。金融市場交易會對您的投資帶來重大風險。
所有缐上交易平台所發佈的資料，僅適用於教育/資訊類用途，不包含也不應被視爲適用於金融、投資稅或交易相關諮詢和建議，或是交易價格紀錄，或是任何金融商品或非應邀途徑的金融相關優惠的交易邀約或邀請。
本網站的所有XM和第三方所提供的内容，包括意見、新聞、研究、分析、價格其他資訊和第三方網站鏈接，皆爲‘按原狀’，並作爲一般市場評論所提供，而非投資建議。請理解和接受，所有被歸類為投資研究範圍的相關内容，並非爲了促進投資研究獨立性，而根據法律要求所編寫，而是被視爲符合營銷傳播相關法律與法規所編寫的内容。請確保您已詳讀並完全理解我們的非獨立投資研究提示和風險提示資訊，相關詳情請點擊 這裡查看。
