Professor Ann Lipton and Compound248 on $TWTR vs. Musk
Tulane Law Professor Ann Lipton and Fintwit personality Compound248 discuss the latest in Twitter’s lawsuit against Elon Musk. Note that we dive directly into all the nuisances of the trial; for more background on how we got here and what’s at stake you can listen to my podcast from May with Evan Tindell.My May pod with Evan on TWTR: https://twitter.com/AndrewRangeley/status/1529452942931238914?s=20&t=7yi3kr0wvPY0nduenfVdSAProfessor Lipton's Twitter: https://twitter.com/AnnMLiptonCompound's Twitter: https://twitter.com/compound248Chapters0:00 Intro2:40 Overall case thoughts to date6:40 Will Elon's "unclean hands" prevent him from breaking the deal?9:05 Is Specific Performance the right remedy here?12:30 How Musk's tweets are undercutting his own case16:30 Can the court see to the heart of the mDAU arguments?26:00 The looming discovery fight28:05 What can we read into the judge's actions so far?30:30 The timeline for resolution if this goes to trial and appeal36:15 What happens if TWTR has an MAE between now and court resolution?38:30 Why is Musk referencing Texas law?48:10 Is the India lawsuit an ordinary course breach?50:05 Does Elon waiving due diligence have any impact on the case?53:15 Elon's consent rights55:55 Does how the contract evolved overtime matter?56:30 Does Elon continuing to add to his counterclaims impact his credibility?58:30 A little more on mDAUs1:00:45 Elon's threat to start a competitor in the merger negotiation1:02:25 The billion dollar damages cap1:08:45 Financing tail risk1:12:15 Odds of a settlement