Professor Ann Lipton and Compound248 on $TWTR vs. Musk
Yet Another Value Podcast - A podcast by Andrew Walker
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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=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