Elon Musk is Gearing Up for a Fight with Shareholders

Behind the scenes, Musk and Tesla were making moves that indicate they will try to push the deal through over the objections of shareholders—and that they are gearing up for a bitter fight. On Monday, the same day that Tesla made its offer to SolarCity, the electric car company’s board amended its corporate bylaws, mandating that future lawsuits against it take place exclusively in Delaware courts. Such “forum selection” provisions have become increasingly common among publicly-traded firms, which adopt them “when they expect litigation might be on the horizon.

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