A Lawsuit Alleged Office Depot CEO’s Stock Award Violated Cap on Shares. The lawsuit, filed in Delaware Chancery Court, accuses ODP’s board of defying the company’s 2019 “long-term incentive plan” by handing CEO Gerry P. Smith more than 4.7 million shares in March 2020, despite a cap of 3.5 million. Extra shares awarded in 2020 to the chief executive of ODP Corp., which owns retail chains including OfficeMax and Office Depot, will be rescinded, under a settlement approved Wednesday by a Delaware judge. Because of a 10-to-1 “reverse stock split” last June, Smith actually got about 470,000 shares, Settlement negotiations began after Vice Chancellor J. Travis Laster denied the board’s motion to dismiss in May 2022.