Yes, with the caveat that there is middle ground. The facts should dictate whether he walks away without paying, has to pay full freight or ... has to settle and pony up damages, at minimum the $1 billion breakup clause, and in a right-thinking world additional damages for what his shenanigans have done to the value of the company, something that would be hard to determine with any precision, but could be settled on.
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Elon & Twitter
- Thread starter Buckminster
- Start date
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I did wonder if Elon’s attack on the former President was motivated by the political complexion of this court
I think it is naive to think Elon is not on Biden's mind. Just a tad bit defensive in this video don't you think?
Daniel in SD
(supervised)
Emojis are just another language. If Elon disparaged Twitter in Swedish that would still count as disparagement.
And if you're still confused about what he meant:
Calling Twitter's processes bullish*t is disparagement (also the process the CEO describes is completely reasonable! I a guess there's ambiguity about whether Elon is talking about the process, their execution of the process, or if he's just accusing him of lying).
JRP3
Hyperactive Member
He was asked to respond to what was essentially a criticism by Musk on the economy under Biden. That was a pretty mild response.
Daniel in SD
(supervised)
I refuse to believe Elon is this stupid. Though I admit I'm having trouble figuring out his motivations...
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AlanSubie4Life
Efficiency Obsessed Member
I don’t even understand what this Tweet is saying. Can you explain it like I am five? Is he asking why they don’t reduce the mDAU number by less than 5% when they report it?
Seems like FUD with the emphasis on U.
A few more Tweets like this and there could be another buying opportunity. Have to love disparagement.
Daniel in SD
(supervised)
The way it's worded it seems like he thinks Twitter knows which of the mDAU's are spam accounts. If we take your more generous interpretation then sure they could scale the number and even add confidence intervals. Obviously if you wanted to do this kind of analysis you would also have to do a random sample off all the users your algorithm filtered out to determine how many of them were falsely determined to be bots.
I guess the author of the tweet does know it's a sample but doesn't seem to know that there's a way to calculate required sample sizes (for free on the internet!)
Sample Size Calculator
This free sample size calculator determines the sample size required to meet a given set of constraints. Also, learn more about population standard deviation.
www.calculator.net
And for the record Elon certainly tricked everyone in this thread. Nobody here thought he was saying 100 a day.
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_Redshift_
Member
What was Trump’s attack on Elon motivated by? Did Elon ask Trump to attack him, so that he could..
Man, what a 12 D chess game this is!
Knightshade
Well-Known Member
There's not actually a middle ground available to the court.
The merger agreement only has 2 possible options offered- 1 billion as an absolute max cap on liquidated damages, or specific performance for $54.20 a share for the whole company.
Certainly there's a wide range of options available for out of court settlement... but I've yet to see much to suggest (and increasingly more to NOT suggest) twitter has a pretty strong case to get the $54.20, meaning they've got relatively little reason to settle for less (and certainly not MUCH less- which could also prompt shareholder lawsuits against them)
Elon doubling down on stuff like "To be clear I totes meant to disparage Twitter with that emoji" isn't doing much to change that.
Yeah, this is exactly right.. Was referring to out of court as that third option. Should have been more clear. I would guess that’s where it ends up. There’s also some speculation a judge could order Elon to buy it, and not be able to force him to.
Feels more and more like One-D chess now.
Daniel in SD
(supervised)
Who has the knight in this scenario?
Elon has the knight hoping his opponent will get disqualified for taking performance enhancing drugs.
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Problem is, Elon created the rules for the game ....and those rules allowed PEDs.
Daniel in SD
(supervised)
Nah, PEDs aren't allowed* there just isn't testing mid-match.
He didn't put enough work into negotiating the terms of the match and probably thought a horse would serve him as well as it had in previous transactions.
*but there's no evidence of PED use.
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JRP3
Hyperactive Member
Explainer-Can Elon Musk defy a court if ordered to buy Twitter?
Twitter Inc has sued Elon Musk to force him to go through with the $44 billion acquisition of the social media company. What happens if Twitter succeeds and the world's richest man, who regularly taunts securities regulators, refuses to comply with the court order? CAN A COURT ORDER MUSK TO...
No. That retired Chancery Justice yesterday said that couldn't happen as 3rd party companies are not tied to this transaction. Imagine the added array of unknown risks today's investors could have thrown in their laps. The court can only do so much.Explainer-Can Elon Musk defy a court if ordered to buy Twitter?
Twitter Inc has sued Elon Musk to force him to go through with the $44 billion acquisition of the social media company. What happens if Twitter succeeds and the world's richest man, who regularly taunts securities regulators, refuses to comply with the court order? CAN A COURT ORDER MUSK TO...finance.yahoo.com
Knightshade
Well-Known Member
uh... what?
Courts can absolutely seize assets of those with judgements against them (they'd be seizing Elons assets- not Teslas)- and civil judgements are enforceable across state lines for that matter (all but like 3 states are party to the Uniform Enforcement of Foreign Judgments Act-- Texas is a party to it and where Elon claims residency)
They could also issue an arrest warrant for Elon for contempt if he ignored their ruling-- something the chancery court HAS done in the past (though rarely, because people tend not to be dumb enough to ignore their rulings)
All of the above being so, "Elon ignores the ruling" is not a likely outcome.
Daniel in SD
(supervised)
That makes some sense. I wonder if they could garnish stock grants?
I also wonder whether it would be different for stock in a private company? Are those shares held by the company itself? Then Elon's SpaceX shares would be in Delaware.
Hard to believe I'm speculating about this stuff. It would be completely insane for the CEO of multiple large companies to be in violation of a Delaware court order.
Wouldn't it be Elon's brokerage who has his assets?
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