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
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