For the first time, the lawyers of Twitter and Elon Musk will face each other this Tuesday, July 19 during a preliminary hearing in an unprecedented legal battle between the richest man in the world and the social network, determined to be redeemed by his destroyer.
The lawyers of Twitter and D’Elon Musk will face each other for the first time this Tuesday, July 19, 2022 in the United States during a preliminary hearing in an unprecedented legal battle between the richest man in the world and the social network, determined to be redeemed by his slayer.
The platform launched lawsuits a week ago against the boss of Tesla and SpaceX to force him to honor his commitment to acquire it for 44 billion dollars (43.3 billion euros). Although she is going through an image crisis after months of attacks and denigrations from her ex-suitor, she is the favorite.
Twitter’s stock is in good shape
since the complaint was filed, noted analyst Dan Ives of Wedbush Securities. It seems that many investors who have read it have concluded that this confrontation with the Game of Thrones in the courts will end with a victory for Twitter.
An agreement broken unilaterally on July 8
Par victoire
the expert hears a decision of the judge who would force Elon Musk to buy the Californian group at the price agreed at the end of April (54.20 dollars per share) or to pay substantial damages.
The wealthy entrepreneur unilaterally broke the agreement on July 8, on the grounds that Twitter’s board of directors allegedly failed to provide him with reliable information on the number of fake accounts active on the network.
But the chances that he will get out of it by paying only the indemnities for breaking the agreement (one billion dollars) or that he will be declared in his right are considered to be very low.
Elon Musk accused of “hypocrisy” and “bad faith”
Litigation depends on the Delaware Court of Chancery, a court in this small state in the eastern United States, specializing in business law. Its president Kathaleen McCormick – the first woman in this position – took up the matter.
She is a very serious judge, who will not be intimidated by either party. […] In the past, she has not been kind to those who show bad faith
remarks Adam Badawi, professor of law at the University of Berkeley.
In its complaint, Twitter accused Elon Musk of having shown of hypocrisy
and of bad faith
.
A change of mind after a stock market decline?
Lawyers for the company believe he has changed his mind in the face of the recent drop in stock market valuations of technology companies.
After putting on quite a show to target Twitter, and proposing and then signing a merger deal, Musk seems to believe he’s free — unlike any contracted party under the law of the Delaware — to change your mind, defame the company, disrupt its business, destroy its stock value, and wash your hands of it
they asserted.
Kathaleen McCormick is best known for having forced Kohlberg, a company that had also tried to break off an engagement, to buy the company in question, DecoPac.
The fate of the bluebird, a social network used worldwide by politicians, celebrities, activists and influencers, seems to have little in common with that of less prominent organizations.
Most it’s not different enough, I think, for Delaware to risk its reputation by deciding not to enforce the terms of the agreement
considers Adam Badawi.
The date of a possible trial at the center of the hearing
Tuesday’s hearing is to address the date of a possible trial.
Twitter asked for an accelerated procedure, from September, so as not to prolong the period of uncertainty which partially paralyzes the company.
Elon Musk’s lawyers filed an appeal on Friday to prevent hostilities from opening before next year.
They assure that the experts will have to analyze mountains of data
to prove, as the multibillionaire claims, that the platform is full of automated accounts and spam, well beyond the proportion of 5% officially indicated.
” Free electron “
The judge should also take into account the deadlines of the financial package negotiated with banks and investors, so as not to compromise the possibility of a takeover.
The businessman and the board can still choose to agree on a slightly lower price and thus avoid the lawsuit.
But that would be rational reasoning
underlines Adam Badawi, in reference to the unpredictability of Elon Musk, who acts in free electron
.
In another case tried in Delaware, Musk showed his will to go all the way
adds the professor. And he won. I don’t think his instinct is necessarily to come to an arrangement.
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