Bainbridge on Corporations

Bainbridge on Corporations

Presumptively Final Comments on Elon Musk's Delaware Travails

Never say never again

Stephen Bainbridge's avatar
Stephen Bainbridge
Jan 26, 2026
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We’ve frequently delved into Elon Musk’s travails in. the Delaware judicial system and, in particular, his compensation battles battles therein.

Is Anyone Worth $1,000,000,000,000?

Stephen Bainbridge
·
November 9, 2025
Is Anyone Worth $1,000,000,000,000?

From Francis Pileggi’s Delaware Corporate & Commercial Law Monitor:

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My article, DExit Drivers: Is Delaware’s Dominance Threatened?, Has Been Published

Stephen Bainbridge
·
July 8, 2025
My article, DExit Drivers: Is Delaware’s Dominance Threatened?, Has Been Published

For over a century, Delaware has led the corporate law landscape, though it has not been without competitors. States such as Georgia, Maryland, New Jersey, Ohio, Pennsylvania, Tennessee, and Virginia have attempted to rival Delaware, attracted by its significant tax revenue from incorporations. Today, Nevada emerges as a notable challenger, actively pro…

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With Tesla stock cratering, can shareholders sue Elon Musk?

Stephen Bainbridge
·
April 24, 2025
With Tesla stock cratering, can shareholders sue Elon Musk?

Tesla’s Q1 earnings report dropped like a rock—net income fell 71%, and much of the drop is being attributed to consumer backlash over Elon Musk’s increasingly political persona. Musk, now serving in the Trump administration as a “cost-cutting czar,” has brought a new wave of media heat to himself—and to Tesla.

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Delaware Supreme Court Reverses Chancellor McCormick and Reinstates Elon Musk's 2018 Tesla Compensation Plan

Stephen Bainbridge
·
December 19, 2025
Delaware Supreme Court Reverses Chancellor McCormick and Reinstates Elon Musk's 2018 Tesla Compensation Plan

The Delaware Supreme Court today resolved the long-running litigation over Tesla CEO Elon Musk’s 2018 compensation plan. In a per curiam opinion, the Court reversed “the Court of Chancery’s rescission remedy” and awarded just $1 in nominal damages. It also modified Chancellor McCormick’s fee award, basing the award on based on

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The Delaware Supreme Court Heard Oral Argument in Elon Musk’s Compensation Case

Stephen Bainbridge
·
October 15, 2025
The Delaware Supreme Court Heard Oral Argument in Elon Musk’s Compensation Case

The Delaware Supreme Court today heard oral arguments in In re Tesla Derivative Litigation (a.k.a. Tornetta v. Musk), the long-pending shareholder suit challenging Elon Musk’s 2018 CEO pay package.

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Prompted by columns and newsletters from friends and colleagues, however, it seems appropriate to draw some concluding lessons.

Why the Tesla shareholder vote won't be the end of Elon Musk's Delaware  fight

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