In her ruling, Delaware Chancery Court Judge Kathaleen McCormick said Musk's compensation plan had been inappropriately set by Tesla's board, which was controlled by Musk, and approved by shareholders who were misled by Tesla's proxy materials before being asked to vote on the matter. Musk filed for an appeal, and the case is now in the hands of the Delaware Supreme Court.
As CNBC previously reported, Richards, Layton & Finger, a corporate defense firm whose clients include Musk and Tesla, helped draft the bill. The firm told CNBC that it wasn't working on behalf of any specific client and that it was "part of a group, including highly respected lawyers, professors, and former jurists."