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Elon & Twitter

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I found this paragraph of the Matt Levine's piece interesting (he used to work for the firm Twitter just hired). Delaware courts are very protective of the state's reputation and wants to maintain it.

I don’t know what the outcome of all the litigation will be, but one thing is certain:

Tesla’s build quality ain’t improving anytime soon.
 
I don’t know what the outcome of all the litigation will be, but one thing is certain:

Tesla’s build quality ain’t improving anytime soon.
Actually the case probably won't take very long. Maybe this whole debacle will prompt Elon to focus on his strengths and acknowledge his weaknesses.

Delaware chancery court, where this will be litigated, is not that kind of court.

There's no jury, and they tend to move very fast by legal standards because they ONLY hear these types of corporate cases and aren't years-long backlogged with other junk.


For example in the LVMH case folks like to cite- suit was filed by Tiffany Sept 2020 asking for specific performance of an M&A contract. The court set the trial date for January 2021, less than 4 months later.

If they don't like the result, the only appeal available is to the Delaware Supreme Court, which frequently resolves urgent matters in days, and rarely more than months.


Certainly at any point in this process the two sides could decide on a settlement of some kind... but it's not the kinda thing that can drag on many years.
 
Twitter has handed Elon a firehose of data.

I think this shows that all the analytics, algos and reports Twitter have in place to produce % of BOTS etc are suspect and already failed scientific scrutiny. If Twitter had concrete, verifiable results, the firehose of data I think would not be needed.
So if TWTR has been making up, being liberal/loose with their analytics - they could be in bigger trouble - esp. from Advertisers, Shareholders and SEC.
 
Twitter has handed Elon a firehose of data.

I think this shows that all the analytics, algos and reports Twitter have in place to produce % of BOTS etc are suspect and already failed scientific scrutiny. If Twitter had concrete, verifiable results, the firehose of data I think would not be needed.
So if TWTR has been making up, being liberal/loose with their analytics - they could be in bigger trouble - esp. from Advertisers, Shareholders and SEC.
No, the bots are a red herring. Remember that Elon is friends with Jack Dorsey, the former CEO. Elon wouldn't rat out his friend. There's some sort of deeper conspiracy going on at Twitter (deep state?) and Elon is going to spin it to his advantage. Step one was selling a bunch of Tesla stock at near all time highs. During Elon's testimony at the trial he's going to look like a fool but it will all be a ruse. Tesla's stock will drop further and Twitter's stock will go up. Elon will then sell his Twitter stock (he owns 9%!) and buy back his Tesla stock for pennies on the dollar. Only then will Elon expose the truth!
 
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It might be interesting to take a poll for how long it takes to settle this case. With all the money getting lawyered up, I would guess years unless the twits at TWTR agree to negotiate a lower price.
Since this is the right thread, I'm happy to speculate here.

Both sides will line up lawyers, there will be some posturing in preliminary court proceedings, then the lawyers will dine out at a nice restaurant.

The judge will say "Stop wasting my time, can't you folks settle this out of court?"

Then what I think will probably happen is Elon will end up buying Twitter for a price a bit higher than the current share price, which will probably be lower than today's price. Elon and Twitter management will agree to clean up the bots.

Nothing to see here folks, but the lawyers might dine out one more time, to celebrate, this time with a hefty drinks bill.

Or perhaps I've been watching too many TV dramas about how US courts work?
 
I think Elon wants out of the deal. Yes, teams of expensive lawyers will be hired. Posturing will happen.

Twitter will stand firm on the agreed-on price.

Elon will demand something like a ten billion "bot discount".

They will not be able to agree.

Lawyers will hammer out a walk-away price, which I think should be the $1B from Elon since he's the one backing out of the original deal which Twitter wants to keep.

Everyone keeps insisting the $1B deal-breakup clause isn't real, or doesn't apply. For those in that camp - if it doesn't apply here, when would it have been used? What would a $1B walk-away-from-the-agreed-bargain scenario look light if this isn't it?
 
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Since this is the right thread, I'm happy to speculate here.

Both sides will line up lawyers, there will be some posturing in preliminary court proceedings, then the lawyers will dine out at a nice restaurant.

The judge will say "Stop wasting my time, can't you folks settle this out of court?"

Then what I think will probably happen is Elon will end up buying Twitter for a price a bit higher than the current share price, which will probably be lower than today's price. Elon and Twitter management will agree to clean up the bots.

Nothing to see here folks, but the lawyers might dine out one more time, to celebrate, this time with a hefty drinks bill.

Or perhaps I've been watching too many TV dramas about how US courts work?
That’s a huge discount on the agreed upon price. I can’t see the board accepting that unless Elon proves that the SEC filings were fraudulent (and then they’re going to have a lot of other problems!). It hard for me to imagine Elon accepting a small discount though. Maybe I’m just assuming that Elon doesn’t actually want to buy Twittwr anymore…
This case could come down to arguing over an algorithm that no one in the courthouse understands except Elon..
That I’m confident is not going to happen. I don’t even know how Twitter’s algorithms are relevant to the case.
 
Everyone keeps insisting the $1B deal-breakup clause isn't real, or doesn't apply. For those in that camp - if it doesn't apply here, when would it have been used? What would a $1B walk-away-from-the-agreed-bargain scenario look light if this isn't it?
I think it only applies if he can’t get financing. But he’s the richest man in the world, he can get financing. Technically the judge could order him to buy Twitter for $44 billion because there’s a specific performance clause.
 
That’s a huge discount on the agreed upon price. I can’t see the board accepting that unless Elon proves that the SEC filings were fraudulent (and then they’re going to have a lot of other problems!). It hard for me to imagine Elon accepting a small discount though. Maybe I’m just assuming that Elon doesn’t actually want to buy Twittwr anymore…

That I’m confident is not going to happen. I don’t even know how Twitter’s algorithms are relevant to the case.
One of the main arguments is the percentage of Bots, which affects the valuation.

Elon has said he doesn't want to do the deal at the original price, not that he doesn't want to buy.

Personally I think his plans to turn Twitter into a profitable enterprise seem optimistic, but if anyone can do it, he is probably the one who can.
That is also why I think Twitter will ultimately want a deal, they need to have a future and someone prepared to invest time and money into the business.
 
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