As I suspected..Musk is being sued by Twitter..and he's probably going to lose.
Musk and Twitter have been bracing for a legal fight since the billionaire said Friday he was backing off of his April agreement to buy the company.
Twitterâs lawsuit opens with a sharply-worded accusation: âMusk refuses to honor his obligations to Twitter and its stockholders because the deal he signed no longer serves his personal interests.â
âHaving mounted a public spectacle to put Twitter in play, and having proposed and then signed a seller-friendly merger agreement, Musk apparently believes that he â unlike every other party subject to Delaware contract law â is free to change his mind, trash the company, disrupt its operations, destroy stockholder value, and walk away,â the suit says.
Twitter filed its lawsuit in the Delaware Court of Chancery, which frequently handles business disputes among the many corporations, including Twitter, that are incorporated there.
As part of the April deal, Musk and Twitter had agreed to pay each other a $1 billion breakup fee if either was responsible for the deal falling through. The company could have pushed Musk to pay the hefty fee but is going farther than that, trying to force him to complete the full $44 billion purchase approved by the companyâs board.
âOh the irony lol,â Musk tweeted after Twitter filed the lawsuit, without explanation.
The arguments and evidence laid out by Twitter are âvery strong and compellingâ and likely to get a receptive ear in the Delaware court, which doesnât look kindly on sophisticated buyers backing off of deals, said Brian Quinn, a law professor at Boston College.
âThey make a very strong argument that this is just buyerâs remorse,â Quinn said. âYou have to eat your mistakes in the Delaware Chancery Court. Thatâs going to work very favorably for Twitter.â
Musk and Twitter have been bracing for a legal fight since the billionaire said Friday he was backing off of his April agreement to buy the company.
Twitterâs lawsuit opens with a sharply-worded accusation: âMusk refuses to honor his obligations to Twitter and its stockholders because the deal he signed no longer serves his personal interests.â
âHaving mounted a public spectacle to put Twitter in play, and having proposed and then signed a seller-friendly merger agreement, Musk apparently believes that he â unlike every other party subject to Delaware contract law â is free to change his mind, trash the company, disrupt its operations, destroy stockholder value, and walk away,â the suit says.
Twitter filed its lawsuit in the Delaware Court of Chancery, which frequently handles business disputes among the many corporations, including Twitter, that are incorporated there.
As part of the April deal, Musk and Twitter had agreed to pay each other a $1 billion breakup fee if either was responsible for the deal falling through. The company could have pushed Musk to pay the hefty fee but is going farther than that, trying to force him to complete the full $44 billion purchase approved by the companyâs board.
âOh the irony lol,â Musk tweeted after Twitter filed the lawsuit, without explanation.
The arguments and evidence laid out by Twitter are âvery strong and compellingâ and likely to get a receptive ear in the Delaware court, which doesnât look kindly on sophisticated buyers backing off of deals, said Brian Quinn, a law professor at Boston College.
âThey make a very strong argument that this is just buyerâs remorse,â Quinn said. âYou have to eat your mistakes in the Delaware Chancery Court. Thatâs going to work very favorably for Twitter.â
