Elon & Twitter

[bkp_duke]

Will he settle or is this going to be in court for years?

https://d18rn0p25nwr6d.cloudfront.net/CIK-0001418091/26b24ef2-929f-496f-852c-645969e8269d.pdf

Court. Elon has clearly said if he thinks he is in the right, he will fight. And his stated reasons for leaving the deal are that Twitter failed to provide the requested information on how they calculate bots.

This drama is going to be like the "going private at 420" saga. It will be around a long time.

 

[Daniel in SD]

Twitter should suspend his account until he pays up.

 

[JRP3]

TSLA up AH on this news, maybe Elon can focus on what matters now.

 

[bkp_duke]

Twitter should suspend his account until he pays up.

From a "legal" standpoint, that would give him so much ammo to win a lawsuit against them. It would be colossally stupid to suspend his account.

 

[Daniel in SD]

From a "legal" standpoint, that would give him so much ammo to win a lawsuit against them. It would be colossally stupid to suspend his account.

Is there something in the merger agreement that prevents it? Non disparagement clause?
Of course Elon has violated that.

 

[bkp_duke]

Is there something in the merger agreement that prevents it? Non disparagement clause?
Of course Elon has violated that.

Elon's USE of twitter would fall under the general Terms and Conditions. Nothing related to the Merger Agreement.

They can sue him to their hearts content and let the courts settle it. But suspending his (free) account for anything other can a CLEAR violation of the ToS would be colossally stupid.

 

[JRP3]

Elon's USE of twitter would fall under the general Terms and Conditions. Nothing related to the Merger Agreement.

They can sue him to their hearts content and let the courts settle it. But suspending his (free) account for anything other can a CLEAR violation of the ToS would be colossally stupid.

They can probably look through some old tweets and find some violations, I have a few in mind but I won't mention them.

 

[kabin]

What do I know but I can't imagine a judge suggesting or Twitter agreeing in the short-term to go down the renegotiate path price since that would presumably lock-out other interested (potentially mythical) parties. And how do you force someone to buy a company or penalize relative to a price differential given a substantial amount of Twitter's price drop is macro econ related?

The judge might have to split the difference so both sides feel a court determined proportion of the $20 billion loss. Ouch!

 

[mtndrew1]

What an expensive and unnecessary distraction for one of the most time-constrained people on earth.

The litigation will drag out for ages while consuming cash and bandwidth.

 

[kabin]

They can probably look through some old tweets and find some violations, I have a few in mind but I won't mention them.

And I bet Twitter employees have company emails re: bots that will be eye openers.

 

[kabin]

TSLA up AH on this news, maybe Elon can focus on what matters now.

A few weeks back he was advertising to hire for aggressive attorneys. I bet he's pretty distracted with this one. Someone should tweet Elon with a Oh hi, lol.

 

[ZenRockGarden]

Let's hope the market is right, and Elon can now focus more of his energy on refining that 4680 pack that he apparently filled with pink foam

 

[Daniel in SD]

https://twitter.com/x/status/1545526087089696768

 

[AlanSubie4Life]

https://twitter.com/x/status/1545526087089696768

I figure Musk will settle for $5B. Once of his larger mistakes, but there's more where that came from, and I guess the world can hope he will learn from it rather than becoming embittered and increasingly convinced that people are out to get him.

I bet $5B would have started a pretty good alternative though. Could have spent $1B on bot prevention measures.

 

[Daniel in SD]

A recent case where LVMH tried to back out a deal to buy Tiffany. They did end up getting a discounted price of $15.8B vs. the agreed upon $16.2B.

LVMH seals purchase of Tiffany after takeover fight

LVMH said it was installing new leadership at the US jeweller, including a son of its chief executive.

www.bbc.com

 

[AlanSubie4Life]

A recent case where LVMH tried to back out a deal to buy Tiffany. They did end up getting a discounted price $15.8B vs. the agreed upon $16.2B.

LVMH seals purchase of Tiffany after takeover fight

LVMH said it was installing new leadership at the US jeweller, including a son of its chief executive.

www.bbc.com

Yep, that deal was featured in some of the articles a while back. Guess LVMH didn't have the bags of money floating around to throw at the problem that Elon does though.

We'll see how it pans out! It would seem Twitter more or less gets to decide what they want to do now. I wonder how much they have to extract from Elon to claim they've done their fiduciary duty?

 

[Daniel in SD]

We'll see how it pans out! It would seem Twitter more or less gets to decide what they want to do now. I wonder how much they have to extract from Elon to claim they've done their fiduciary duty?

Not sure how you determine how much Twitter shareholders have lost when part of Twitter's value right now is that Elon Musk owes them money. It seems like the true amount is larger than the difference between the current stock price and $54.20.

 

[UnknownSoldier]

DING DONG THE WITCH IS DEAD

... Maybe.

 

[mongo]

So, is it the situation that, in order for Twitter to prove that Musk is incorrect in his declaration that the mDAU accuracy is wrong (among other claims), Twitter will need to provide the court all the internal information that Musk has reportedly requested and not recieved?

Twitter : this is the user count
Musk: how do I know this is accurate? Send me the data.
Twitter: No
Elon: I have no faith in this number, I'm cancelling the deal
Twitter: Judge, we're right, make Musk buy us.
Judge: How do I know he's wrong? Show us the data.
Twitter: ...
Musk: ;-)

 

[Daniel in SD]

So, is it the situation that, in order for Twitter to prove that Musk is incorrect in his declaration that the mDAU accuracy is wrong (among other claims), Twitter will need to provide the court all the internal information that Musk has reportedly requested and not recieved?

Twitter : this is the user count
Musk: how do I know this is accurate? Send me the data.
Twitter: No
Elon: I have no faith in this number, I'm cancelling the deal
Twitter: Judge, we're right, make Musk buy us.
Judge: How do I know he's wrong? Show us the data.
Twitter: ...
Musk: ;-)

Or...
Musk: I don't think your mDAU numbers are correct.
Twitter: Do you have any evidence?
Musk: No. I need to find the evidence.
Judge: Why didn't you find it by doing due diligence before you signed the merger agreement?
Musk: I waived due diligence.
Judge: Why would you do that?
Musk: For the memes.
Judge: Pay up.

I don't think any of us know what will happen.