Elon Musk under fire again: CEO to testify over Tesla’s acquisition of SolarCity

It didn’t precisely enactment retired that way.

On Monday successful the Delaware Court of Chancery, the Tesla TSLA, +0.63% CEO volition attest astir the $2.5 cardinal woody successful a shareholder suit that alleges that Tesla’s acquisition was rife with conflicts of interest, overlooked SolarCity’s cardinal weaknesses and unsurprisingly failed to nutrient the profits Musk had promised.

Questioned nether oath, Musk plans to support the acquisition arsenic a justifiable acquisition.

At the clip of the all-stock purchase, Musk was SolarCity’s largest stakeholder and its chairman. Seven shareholder lawsuits, consolidated into one, alleged that Tesla directors breached their fiduciary duties successful bowing to Musk’s wishes and agreeing to bargain the struggling company. In what the plaintiffs telephone a wide struggle of interest, SolarCity had been founded by Musk and 2 of his cousins, Lyndon and Peter Rive.

Last August, a justice approved a $60 cardinal colony that resolved claims made against each the directors connected Tesla’s committee but Musk without immoderate admittance of fault. That near Musk, who refused to settle, arsenic the sole remaining defendant. The proceedings that begins Monday had been scheduled for March of past twelvemonth but was postponed due to the fact that of the viral pandemic.

Daniel Ives, an expert astatine Wedbush Securities, called the acquisition a “clear achromatic eye” for Musk and Tesla, successful ample portion due to the fact that SolarCity has failed to crook a profit.

“It fundamentally was putting bully wealth aft bad,” Ives said. “For each the successes and each of the unimaginable heights Musk has achieved, this is 1 of the lowlights.”

Most investors, Ives said, spot nary worth connected the company’s star business.

“I conscionable deliberation Musk and Tesla underestimated the challenges and the hurdles that the concern brings,” helium said.

That said, Ives said helium thought Tesla’s vigor concern could inactive go “modestly successful.”

Tesla, which has disbanded its media relations department, did not reply a connection Friday seeking remark astir the lawsuit. In its 2020 yearly report, the institution argued that the suit was without merit and that Tesla would vigorously support itself.

“We are incapable to estimation the imaginable nonaccomplishment oregon scope of loss, if any, associated with these claims,” the institution study said.

Tesla’s vigor procreation and retention concern generated $1.9 cardinal successful gross past twelvemonth — 24% much than it did the erstwhile year. Much of that gross came from selling artillery retention units. Tesla doesn’t specify whether the concern made a profit, and it besides has indebtedness and expenses.

The suit filed by the plaintiffs contends that Musk drove the determination to get SolarCity contempt his clear-cut struggle of interest.

Musk has a past of warring authorities agencies and lawsuits. He was forced to wage a $20 cardinal good to the Securities and Exchange Commission for making statements connected Twitter astir having the wealth to instrumentality the institution backstage erstwhile helium didn’t. But helium won a defamation suit that was filed by a British diver progressive successful the rescue of a Thai shot squad that was trapped successful a flooded cave. Musk had called the antheral “pedo guy” connected Twitter.

Even if the proceedings ends with Musk having to wage personally for the full SolarCity deal, $2.5 cardinal won’t overmuch wounded the world’s third-wealthiest person. Forbes mag has estimated that Musk is worthy astir $163 billion.

Ives suggested that portion immoderate specified outgo wouldn’t earnestly impact Musk’s wealth, it would harm his estimation for choosing acquisitions.

Musk is warring the suit aft others person settled “because that’s what Musk does,” Ives said. “I deliberation Elon believes this was the close woody and inactive does.”