Tesla chief executive Elon Musk leaves Delaware Court of Chancery in Wilmington after a giving evidence in July 2021. Reuters
Tesla chief executive Elon Musk leaves Delaware Court of Chancery in Wilmington after a giving evidence in July 2021. Reuters
Tesla chief executive Elon Musk leaves Delaware Court of Chancery in Wilmington after a giving evidence in July 2021. Reuters
Tesla chief executive Elon Musk leaves Delaware Court of Chancery in Wilmington after a giving evidence in July 2021. Reuters

Elon Musk could end up paying $9bn in penalty on SolarCity


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Tesla investors who are suing Elon Musk over the company’s SolarCity acquisition say the judge can require him to pay $9.4 billion if he rules that Mr Musk did not properly remove himself from the deal.

“Given [Mr] Musk’s disloyalty, the court has wide discretion” in awarding damages, lawyers for pension funds suing over the deal said in a Delaware court filing.

“The court could require [Mr] Musk to return some or all of the enormous gain he has realised as a result of receiving excessive Tesla shares,” the funds said.

Delaware Chancery Court Judge Joseph Slights III is weighing whether Mr Musk – the solar power provider’s chairman and largest shareholder at the time of the buyout – improperly stood on both sides of the $2.6bn deal and wrongfully used his influence with the Tesla board to get the transaction done.

The suggestion that Mr Musk might face a $9.4bn penalty was made as part of post-trial arguments that the judge requested after presiding over a trial that included two days of testimony from Mr Musk in July.

The court has scheduled another around of oral arguments for January, suggesting a ruling in the case is months away.

Mr Musk’s lawyers said the SolarCity acquisition was a “product of fair dealing” that was approved by 85 per cent of Tesla’s shareholders.

“The evidence shows that [Mr] Musk did not and could not control the acquisition, the board, or Tesla stockholders,” their post-trial brief said.

The investor filing notes that Mr Musk received 2.4 million Tesla shares in exchange for his holdings in SolarCity, an amount that has increased to 12 million because of stock splits.

Barring a return of those shares, the investors calculate that the court could award damages of between $1.4bn and $2.4bn, to account for what they contend is SolarCity’s lower value.

Mr Musk is the last Tesla director left in the case after his colleagues agreed to a $60 million settlement of investors’ claims last year.

If the judge rules against him, Mr Musk will have to pay the damages out of his own pocket. Any recovery from Mr Musk – the world’s richest person, according to the Bloomberg Billionaires Index – would go into Tesla’s coffers, not to the funds.

Mr Slights has already said that Mr Musk, despite holding only a 17 per cent stake in Tesla, used his “visionary” persona and ties to other Tesla directors to smooth the deal’s path.

One key question the judge must answer is whether, as Tesla’s largest shareholder, Mr Musk so dominated the board that final approval was a foregone conclusion.

UAE players with central contracts

Rohan Mustafa, Ashfaq Ahmed, Chirag Suri, Rameez Shahzad, Shaiman Anwar, Adnan Mufti, Mohammed Usman, Ghulam Shabbir, Ahmed Raza, Qadeer Ahmed, Amir Hayat, Mohammed Naveed and Imran Haider.

Our family matters legal consultant

Name: Hassan Mohsen Elhais

Position: legal consultant with Al Rowaad Advocates and Legal Consultants.

Key findings of Jenkins report
  • Founder of the Muslim Brotherhood, Hassan al Banna, "accepted the political utility of violence"
  • Views of key Muslim Brotherhood ideologue, Sayyid Qutb, have “consistently been understood” as permitting “the use of extreme violence in the pursuit of the perfect Islamic society” and “never been institutionally disowned” by the movement.
  • Muslim Brotherhood at all levels has repeatedly defended Hamas attacks against Israel, including the use of suicide bombers and the killing of civilians.
  • Laying out the report in the House of Commons, David Cameron told MPs: "The main findings of the review support the conclusion that membership of, association with, or influence by the Muslim Brotherhood should be considered as a possible indicator of extremism."
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Directors: Tarzan and Arab Nasser

Rating: 4.5/5

Key facilities
  • Olympic-size swimming pool with a split bulkhead for multi-use configurations, including water polo and 50m/25m training lanes
  • Premier League-standard football pitch
  • 400m Olympic running track
  • NBA-spec basketball court with auditorium
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Juventus 1 (Dybala 45')

Lazio 3 (Alberto 16', Lulic 73', Cataldi 90 4')

Red card: Rodrigo Bentancur (Juventus)

England's all-time record goalscorers:
Wayne Rooney 53
Bobby Charlton 49
Gary Lineker 48
Jimmy Greaves 44
Michael Owen 40
Tom Finney 30
Nat Lofthouse 30
Alan Shearer 30
Viv Woodward 29
Frank Lampard 29

AI traffic lights to ease congestion at seven points to Sheikh Zayed bin Sultan Street

The seven points are:

Shakhbout bin Sultan Street

Dhafeer Street

Hadbat Al Ghubainah Street (outbound)

Salama bint Butti Street

Al Dhafra Street

Rabdan Street

Umm Yifina Street exit (inbound)

Essentials

The flights
Whether you trek after mountain gorillas in Rwanda, Uganda or the Congo, the most convenient international airport is in Rwanda’s capital city, Kigali. There are direct flights from Dubai a couple of days a week with RwandAir. Otherwise, an indirect route is available via Nairobi with Kenya Airways. Flydubai flies to Kinshasa in the Democratic Republic of Congo, via Entebbe in Uganda. Expect to pay from US$350 (Dh1,286) return, including taxes.
The tours
Superb ape-watching tours that take in all three gorilla countries mentioned above are run by Natural World Safaris. In September, the company will be operating a unique Ugandan ape safari guided by well-known primatologist Ben Garrod.
In the Democratic Republic of Congo, local operator Kivu Travel can organise pretty much any kind of safari throughout the Virunga National Park and elsewhere in eastern Congo.

HIJRA

Starring: Lamar Faden, Khairiah Nathmy, Nawaf Al-Dhufairy

Director: Shahad Ameen

Rating: 3/5

Volvo ES90 Specs

Engine: Electric single motor (96kW), twin motor (106kW) and twin motor performance (106kW)

Power: 333hp, 449hp, 680hp

Torque: 480Nm, 670Nm, 870Nm

On sale: Later in 2025 or early 2026, depending on region

Price: Exact regional pricing TBA

Martin Sabbagh profile

Job: CEO JCDecaux Middle East

In the role: Since January 2015

Lives: In the UAE

Background: M&A, investment banking

Studied: Corporate finance

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The specs

Engine: 2.0-litre 4cyl turbo

Power: 261hp at 5,500rpm

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Transmission: 9-speed auto

Fuel consumption: 6.9L/100km

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Price: From Dh117,059

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Other must-tries

Tomato and walnut salad

A lesson in simple, seasonal eating. Wedges of tomato, chunks of cucumber, thinly sliced red onion, coriander or parsley leaves, and perhaps some fresh dill are drizzled with a crushed walnut and garlic dressing. Do consider yourself warned: if you eat this salad in Georgia during the summer months, the tomatoes will be so ripe and flavourful that every tomato you eat from that day forth will taste lacklustre in comparison.

Badrijani nigvzit

A delicious vegetarian snack or starter. It consists of thinly sliced, fried then cooled aubergine smothered with a thick and creamy walnut sauce and folded or rolled. Take note, even though it seems like you should be able to pick these morsels up with your hands, they’re not as durable as they look. A knife and fork is the way to go.

Pkhali

This healthy little dish (a nice antidote to the khachapuri) is usually made with steamed then chopped cabbage, spinach, beetroot or green beans, combined with walnuts, garlic and herbs to make a vegetable pâté or paste. The mix is then often formed into rounds, chilled in the fridge and topped with pomegranate seeds before being served.

UAE currency: the story behind the money in your pockets
Updated: October 05, 2021, 3:30 AM`