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Twitter Inc V Elon R Musk – Verified Complaint

11 点作者 intunderflow将近 3 年前

1 comment

JamesSwift将近 3 年前
I&#x27;ve been pretty vocal about thinking Musk&#x27;s case was flimsy at best on this. After reading through this filing, I have to say its even worse. A couple additions to the argument that has occurred on this site and elsewhere:<p>1. On page 15, Twitter highlights some pretty key clauses in the initial agreement that I didn&#x27;t see picked up on previously around Material Adverse Effect (MAE) and explicit conditions that _cant_ be counted for it. Specifically they explain how even recession style market changes wont be considered MAE, and scope what might be considered MAE in their SEC filing to very specific statements that dont appear to include the bot number disclosures.<p>2. They give some behind-the-scenes recounting of specific clauses that were added&#x2F;removed which make the entire thing much more tenuous in court for Musk.<p>3. They claim they told him they sample 9000 accounts when doing their analysis and Musk then publicly tweeted they sample 100 accounts. If this is true, thats pretty damning for Musk when a court decides if hes just on a fishing expedition.<p>So yeah... I&#x27;m admittedly biased and obviously this is one sides language in the filing but.... I don&#x27;t see a ton of support for Musks case so far.