AlanSubie4Life
Efficiency Obsessed Member
Yeah wasn’t sure about that. Maybe not initially produced? But clearly has now been produced.
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Elon & Twitter
- Thread starter Buckminster
- Start date
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Daniel in SD
(supervised)
Presumably text messages would be produced by both the sender and the receiver and if there are inconsistencies it would be a huge red flag.
Funny side note, the same bot net that Elon was complaining about has invaded the replies to Chancery Daily. If you look at the accounts I think they are all real users who got their accounts "hacked" (i.e. somehow gave their password out). Hopefully Elon will be able to fix this. I think just having an option to hide all tweets related to crypto would help a lot.
JRP3
Hyperactive Member
Hopefully he'll never be in a position to do so.
Daniel in SD
(supervised)
AlanSubie4Life
Efficiency Obsessed Member
AlanSubie4Life
Efficiency Obsessed Member
Knightshade
Well-Known Member
That's simply not how contract law works... the phrase "in good faith" appears multiple times in the merger agreement- and breach of that is a breach of the contract.
If you claim you want to buy a company in good faith, and then act in demonstrably bad faith during the merger, that's a problem for you, legally speaking.
Which is the case twitter is presenting about Musk, and which the email you ask about supports their argument in.
Again, we know that Elon is acting in bad faith because he wants to break the deal...the bad faith is self evident. A person can have a million reasons for doing anything. None of them make his case against Twitter any less relevant....just my two cents
Knightshade
Well-Known Member
This is simply wrong, and appears to not understand what bad faith even means- legally.
If he had (legally) valid reasons to get out of the deal that would not be any indication at all of bad faith at all- instead he'd making an honest effort to enforce a clause in the agreement (one that legally lets him out) as quickly as possible.
Instead what we have is that message (and many others) suggest he's trying to delay and get out for reasons not supported by the actual agreement- and that many of the arguments he's putting forward, rather than being motivated by a real good faith effort to stick to the terms he agreed to, are instead bad faith and dishonest efforts to kill the deal in ways NOT supported by the agreement (perpetual discovery delays, repeated amendments to his complaints, and various other frivolous legal moves).
Hence why that message specifically was among those cited by Twitter. It is an indication that Elon wants out of the deal simply because the market dropped and he was suddenly going to be on the hook overpaying for something that was now cheaper- directly suggesting to one of the finance folks that he now wants to slow walk the deal to see which way the markets move going forward rather than, as the merger obligates him, continue in good faith to close the deal as quickly as possible.
That's bad faith.
Daniel in SD
(supervised)
"Defendants moved to amend their counterclaims later that night to assert additional claims based on the Whistleblower Complaint. They simultaneously requested that the court bump trial, which is presently scheduled to begin on October 17, to mid-November.
Defendants’ motion to amend is granted."
"Defendants’ motion to extend the case schedule is denied."
Looks like it's on for October 17th!
Defendants’ motion to amend is granted."
"Defendants’ motion to extend the case schedule is denied."
Looks like it's on for October 17th!
AlanSubie4Life
Efficiency Obsessed Member
Interesting. Though I gathered from the court that the standard to amend is very lenient. Good to keep that trial date fixed.
This only addresses two of the
Still waiting on:
Sanctions
Slack Emails
SpaceX/Tesla Emails
I’m guessing:
Yes
Yes
Actually…comparing vs. the Chancery Daily predictions, they seem to have a slightly different list so I am not sure what specific decisions actually remain! (Doesn’t list sanctions.). Lol.
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EVNow
Well-Known Member
On the whole the judge seems quite anti-Musk, would be very surprising if Musk ends winning the case.
AlanSubie4Life
Efficiency Obsessed Member
No expanded discovery for Musk. I think this was for Slack (“quick peek?” I don’t remember exactly). I’m not sure. Anyway, looks like the fishing expedition can only visit a limited number of lakes.
Any judge that calls it for Elon is going to be in for a lot of criticism....so the best defense is to go in hard against him
Daniel in SD
(supervised)
Or, every expert in Delaware contract law was right.
IANAL, don't even play one on TV, but I did stay at the Holiday Inn, so take my "expert" opinion with the appropriate amount of salt.
I have seen some cases where the judge kept granting motions in favor of the side that eventually got ruled against and lost, simply for the reasoning to give them every chance they ask for to prove their side such that they have no base on which to appeal.
Of course, this judge may be following different strategy, but it is possible that motion granting is a counter-indicator for which way the judge is leaning.
EVNow
Well-Known Member
And every expert in that Trump case was wrong ?
The fact is it really comes down to the judge.
EVNow
Well-Known Member
Letting a spy sit in your company and examine whatever they want seems quite bad faith me.
Daniel in SD
(supervised)
Seriously though I'll be sad when the everything is going Elon's way narrative switches over to the Chancellor is biased and the trial is a farce narrative.
TheTalkingMule
Distributed Energy Enthusiast
This judge wants this thing settled. Hopefully this ruling gets the two sides talking.
I'd be fine with Elon paying ~$35B or being allowed to pay $500M and exit the deal.
Mark Cuban was rattling off some thoughts on crypto yesterday and it got me thinking that Elon would knit crypto & payments together with Twitter to make something quite valuable.
We shall see.
I'd be fine with Elon paying ~$35B or being allowed to pay $500M and exit the deal.
Mark Cuban was rattling off some thoughts on crypto yesterday and it got me thinking that Elon would knit crypto & payments together with Twitter to make something quite valuable.
We shall see.
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