Chris Michel of Quinn Emanuel Urquhart & Sullivan said based on recent decisions from the Supreme Court, even if transaction-specific control is a valid gauge of when to apply the entire fairness standard and even if Musk's level of influence at Tesla met that metric, the process through which Tesla's board and shareholders approved the deal in 2018 still did not warrant rescission.
Tesla, Musk Counsel Argue That Delaware Case Law Backs Compensation Deal

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