Business executive who is chief executive officer of Tesla, Inc. and chief executive officer, chief technology officer and chairman of SpaceX.
Most recent filing Oct 2026Last confirmed 26 Oct 202628 sources
Question
What is Elon Musk’s legal position?
Present position
On appealPresent position
A partial civil judgment against Musk is on appeal to the Ninth Circuit as of Tesla's October 2026 proxy statement.
Detail
Pampena v. Musk - Twitter shareholder class action over May 2022 statements
On appeal
A partial civil judgment against Musk is on appeal to the Ninth Circuit as of Tesla's October 2026 proxy statement.123
Authority
U.S. District Court for the Northern District of California; U.S. Court of Appeals for the Ninth Circuit
Status as of
30 Jul 2026
History
20 Mar 2026Jury found two May 2022 statements by Musk about his pending Twitter purchase to be false and misleading in violation of securities law.
3 Apr 2026Court entered a partial judgment against Musk in favour of a class of investors who sold Twitter equity between 13 May and 4 October 2022.
6 Jul 2026Court granted Musk judgment as a matter of law on one of the two statements and denied the motion otherwise.
30 Jul 2026Musk appealed to the Ninth Circuit.
SEC v. Musk (2025) - late disclosure of Twitter stake
Settled
The case was resolved by a court-approved consent settlement under which the Musk trust pays a $1.5 million penalty without admitting or denying the allegations.45678
Authority
U.S. Securities and Exchange Commission; U.S. District Court for the District of Columbia
Status as of
8 Jul 2026
History
14 Jan 2025SEC sued Musk (No. 1:25-cv-00105) alleging he failed to timely file a beneficial ownership report for his Twitter stake in 2022, in violation of Exchange Act Section 13(d).
4 May 2026SEC filed an amended complaint adding the Elon Musk Revocable Trust and moved for a consent judgment with a $1.5 million penalty against the Trust, without admitting or denying; Musk personally to be dismissed.
8 Jul 2026Judge Sparkle L. Sooknanan approved the consent judgment against the Trust, accepting the settlement 'despite its significant misgivings' (as quoted by Bloomberg).
Tornetta v. Musk / In re Tesla, Inc. Derivative Litigation - 2018 CEO performance award
Civil judgment
The 2018 award is reinstated, with $1 nominal damages, following the Delaware Supreme Court's December 2025 decision and the March 2026 amended final judgment.910111213
Authority
Delaware Court of Chancery; Delaware Supreme Court
Status as of
18 Mar 2026
History
Jan 2018Tesla board granted Musk a 10-year performance stock option award (303,960,630 shares as stated in Tesla's 10-K/A, exercise price $23.34).
Nov 2022Five-day trial held in the Court of Chancery (C.A. No. 2018-0408).
30 Jan 2024Court of Chancery post-trial opinion found the grant not entirely fair and ordered rescission.
13 Jun 2024Tesla stockholders voted again to approve the 2018 award.
2 Dec 2024Court of Chancery denied defendants' motion to revise based on the stockholder vote and awarded plaintiff's counsel $345 million in fees.
19 Dec 2025Delaware Supreme Court (per curiam, en banc) reversed the rescission remedy, reinstated the 2018 award, awarded $1 nominal damages and reduced the fee award to a quantum meruit basis with a four-times multiplier; it did not rule on liability or ratification.
18 Mar 2026Court of Chancery entered an Amended Final Order and Judgment awarding plaintiff's counsel approximately $65 million in fees, costs and interest.
In re Tesla, Inc. Securities Litigation - 'funding secured' shareholder class action
Closed
The jury verdict that Musk and Tesla were not liable stands after the Ninth Circuit's November 2024 ruling.141516
Authority
U.S. federal district court, San Francisco (Judge Edward Chen); U.S. Court of Appeals for the Ninth Circuit
Status as of
6 Nov 2024
History
3 Feb 2023Jury found Musk and Tesla not liable on shareholders' claims over the August 2018 tweets.
6 Nov 2024Ninth Circuit affirmed denial of a new trial, leaving the verdict in place.
SEC v. Musk (2018) - 'funding secured' statements
Settled
The matter was resolved by settlement without admission or denial of the SEC's allegations; Tesla's 2026 proxy states there is no restriction on Musk serving as an officer or director.1718191
Authority
U.S. Securities and Exchange Commission; U.S. District Court for the Southern District of New York
Status as of
26 Apr 2019
History
7 Aug 2018Musk posted on Twitter that he was considering taking Tesla private at $420 and that funding was secured.
27 Sep 2018SEC sued Musk in the Southern District of New York (No. 1:18-cv-08865) alleging false and misleading statements.
29 Sep 2018SEC announced settlement: Musk and Tesla each to pay $20 million; Musk to step down as Tesla chairman for three years; no admission or denial.
16 Oct 2018Court entered final judgment on the settlement.