Here are eight possible resolutions to the Elon Musk-Twitter saga.
A judge may be concerned that if Musk doesn't want to buy Twitter, he could make an ownership transition so difficult that the collateral damage would be brutal.
If so, a judge could order Musk to pay billions of dollars in damages to Twitter instead of taking ownership. The amount of damages paid would be up to the court.In this case, Musk would likely pay his $1 billion breakup fee and billions more in a brokered settlement with Twitter. The settlement would likely have to be enough that Twitter's board would be able to argue to investors it made the right fiduciary decision to take the settlement money instead of pursuing litigation.
Musk's primary argument is that Twitter didn't provide enough detail or evidence to show its spam accounts are 5% or less of all accounts, as the company claims it estimates them to be. "All indications suggest that several of Twitter's public disclosures regarding its mDAUs [monetizable daily active users] are either false or materially misleading," Musk and his lawyers. That would make the spam account issue moot., saying Twitter didn't "seek and obtain consent before deviating from its obligation to conduct its business in the ordinary course" in the firing of several employees. But that seems unlikely to determine the case one way or another.
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