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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=7yi3kr0wvPY0nduenfVdSA Professor Lipton's Twitter: https://twitter.com/AnnMLipton Compound's Twitter: https://twitter.com/compound248
Chapters 0:00 Intro 2:40 Overall case thoughts to date 6:40 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 case 16:30 Can the court see to the heart of the mDAU arguments? 26:00 The looming discovery fight 28:05 What can we read into the judge's actions so far? 30:30 The timeline for resolution if this goes to trial and appeal 36:15 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 rights 55:55 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 mDAUs 1:00:45 Elon's threat to start a competitor in the merger negotiation 1:02:25 The billion dollar damages cap 1:08:45 Financing tail risk 1:12:15 Odds of a settlement |