back to article Judge approves Twitter's request to hurry along Musk trial to October

The Twitter vs Elon Musk trial is set to start in October after a judge granted the social network's request to speed up legal proceedings. Twitter sued the Tesla supremo last week, accusing him of breaching the terms of his offer to buy the website. Musk promised to take over the biz for $44 billion in cash, by offering $54. …

  1. Nate Amsden

    seems so simple

    Elon is asking for more time for due diligence(find spam info), yet he apparently signed a merger agreement waiving that right months ago. Seems like they could just decide on the spot.

    1. Charlie Clark Silver badge

      Re: seems so simple

      I think the judge's comments over the expedition are also interesting: she's quite clearly considering the damages sustained by Twitter's shareholders. Not only will that affect the trial, it would open the door for civil actions.

      Personally, I wish Twitter had ceased to exist years ago and would be happy to see it fold tomorrow but not because Elon Musk decided to play games.

      1. Anonymous Coward
        Anonymous Coward

        Re: seems so simple

        "...not because Elon Musk decided to play games."

        Why? It would be sleaze cleaning up sleaze... that should happen more often.

      2. Michael Wojcik Silver badge

        Re: seems so simple

        Yes. Also I suspect there's a bit of disdain for Musk and his antics. The Court of Chancery likes the appearance of propriety, and that's not something Elon is good at.

    2. Spazturtle Silver badge

      Re: seems so simple

      By waving his rights it meant that Twitter were no longer required to answer his questions, but if they do answer a question it still has to be true. Somebody at Twitter dropped the ball here, they should have never answered the clown's question about bots.

      1. MrDamage Silver badge

        Re: seems so simple

        True, but who, or what, defines an account as "monetizable".

        1. iron Silver badge

          Re: seems so simple

          Someone who is trying to make money from that account.

          So you know, every company you have an account with that hopes to be paid at some point. And, every website you visit that shows ads (so all of them I presume) whether you have an account there or not.

          Its a really common expression, especially in the ad industry.

  2. Anonymous Coward
    Anonymous Coward

    An elongated fine?

    A tidy one billion + costs perhaps?

    1. Youngone Silver badge

      Re: An elongated fine?

      Mike Masnick on Techdirt seems to think they might settle, but it will need to be a lot more than $1 billion, due to the fact that Elon has already agreed to buy Twitter for $44 billion and wasn't worried about due diligence before he signed.

      1. DS999 Silver badge

        Re: An elongated fine?

        Yes, I think there's a good chance he'll be given a choice to either complete the purchase he agreed to, or be ordered to pay Twitter a substantial portion of the difference between the share price he agreed to pay and the share price at the time of the judge's ruling, PLUS the $1 billion breakup fee.

        That difference is a little over $13 billion today, so I think he could potentially end up liable for up to $10 billion if he refuses to complete the purchase. Its obvious he thought he could threaten to back out and get them to lower the price. Maybe he should have asked his lawyers instead of running his mouth on Twitter.

        I wonder if he ever really wanted to own Twitter, or if it was all some sort of attention whoring scheme for himself since like Trump he can never hear his name mentioned by others often enough to satisfy his massive ego? Maybe he's really dumb enough to think he could make up some story about Twitter not giving him enough info about bots and he could back out at the altar.

        1. JDPower666

          Re: An elongated fine?

          You're only NOW thinking he didn't want to buy twitter? Most of us have been saying that from day one.

          1. Brewster's Angle Grinder Silver badge

            Re: An elongated fine?

            You credit him with too much intelligence. I think he impulse bought it and now he's realised the economy's heading into the crapper and he can't afford it, and he's trying to return it.

            Surely you've seen the same behaviour with more lowly customers? "This product is damaged/broken/doesn't work and therefore you should give me money back."

            1. Gene Cash Silver badge

              Re: An elongated fine?

              I think Twitter is damaged goods to start with. It's like buying the fridge with the huge dent, then wondering why the compressor makes horrible clanging sounds.

              1. MrDamage Silver badge

                Re: An elongated fine?

                Elon knew how many bots he had, he paid for them after all.

          2. GruntyMcPugh Silver badge

            Re: An elongated fine?

            It was just an excuse to liquidate Tesla stock, without causing a massive panic and making the share price drop too much. Although Musk will have lost ~$17Bn in the value of his remaining stock, he realised $8.5Bn in real money, which is a pretty good exchange rate, vapour to cash.

        2. bazza Silver badge

          Re: An elongated fine?

          I think that it's going to be the full $44billion.

          Apparently these contracts are like buying a house here in the UK, once exchanged there is no backing out. Twitter's shareholders have been promised $44bill in cash, and them ending up still holding their shares and the cash difference is a lesser outcome. Musk is going to need a phenomenally good reason as to why they shouldn't get their cash in full.

          There is also a public interest angle. If the market in company acquisitions and mergers isn't made to work, then the results will be chaotic and damaging to everyone. It's in no one's interests, not even Musk's, for this deal to not be enforced. Someday someone might do the same thing to him...

          1. Pascal Monett Silver badge
            Trollface

            But then he'll go on Twitter and rant about unfair the situation is . . .

        3. sabroni Silver badge

          Re: Maybe he should have asked his lawyers

          He did. They said "Keep asking for more and more data. Twitter can't give you everything, you don't work there. Once we've asked for so much they tell us to fuck off, then we can go to court."

        4. BebopWeBop
          Devil

          Re: An elongated fine?

          Or possibly an elaborate scheme to make the share price unstable so that people with sufficient warning could make a killing?

        5. MrDamage Silver badge

          Re: An elongated fine?

          If the share price for Twitter is below that what it was before Elon announced his intentions to buy, I believe the judge would also take that into consideration. Have the payment price set midway between Twitter's original price, and what was offered.

        6. iron Silver badge

          Re: An elongated fine?

          It was supposed to be a clever way to offload some of his Tesla shares without creating a run on Tesla.

          It didn't work.

      2. jmch Silver badge

        Re: An elongated fine?

        Why would Musk settle for any more than $1bn if the (diligence-less) contract he signed includes a walk-away penalty of $1bn??

        1. Dinanziame Silver badge
          Boffin

          Re: An elongated fine?

          Allegedly, the $1bn walk-away penalty is only valid if the reason that he's walking away is that he couldn't come up with the money. But he's been able to come up with the money, banks signed on the deal and that they would provide the cash, so he can't use that excuse. In which case there's no contractual limit on how much Twitter can ask.

          1. DS999 Silver badge

            Re: An elongated fine?

            Even if the banks back out, he can't argue that he can't come up with $44 billion when he's worth several times that even at the reduced value of Tesla stock.

        2. Doctor Syntax Silver badge

          Re: An elongated fine?

          "Why would Musk settle for any more than $1bn"

          He doesn't have to "settle". He just has to do what the court tells him to and if that's the full $44bn that's what it will cost him.

    2. NoneSuch Silver badge
      Pint

      Re: An elongated fine?

      "A tidy one billion + costs perhaps?"

      Give me a billion and I'll cover the costs. Well, up to 10% anyway. Not making lawyers any richer than they need to be.

  3. Jan K.

    Tesla has just off-loaded 75% of its bitcoins (worth $2bn end 2021)... considering the dive in "value", that would struggle to pick up $1 bn?

    Or maybe there's no relevance to the twitter twatter thing??

    https://www.bbc.com/news/business-62246367

    1. Falmari Silver badge

      Tesla lost money on bitcoin

      From that BBC article looks like Tesla lost money on bitcoin. They invested $1.5bn in bitcoin and sold 75% at just short of $1bn which is a loss of $0.125bn.

      1. bazza Silver badge

        Re: Tesla lost money on bitcoin

        A shareholder would look at the loss as being the difference between the peak bitcoin price and the actual sale price. That's a much bigger number.

        The lunacy is that in Bitcoin, because it isn't very well regulated (if at all), you probably can legally pump and dump. To fail to do that when you've done the pump bit is a missed opportunity. It's a bit like getting hoodwinked by your own Ponzi scheme.

        1. Charlie Clark Silver badge

          Re: Tesla lost money on bitcoin

          Depends on how the accounting is down: is it an "asset" where you'd also expect some kind of return or is it just cash in which case they could argue that it's depreciated less against the dollar over the period than other currencies.

      2. Howard Sway Silver badge

        Re: Tesla lost money on bitcoin

        Selling off that much has also caused the price of bitcoin to fall further, so the 25% he's kept, presumably as some kind of hedge, is now also worth less too.

        But this is Tesla's money, not just Musk's, which means that the 40% drop in the Tesla share price this year can be partly attributed to the crypto crash, but mainly due to to the stock markets deciding that Musk behaves like a reckless fool.

    2. bazza Silver badge

      Another stellar business decision by Musk...

      Are they still accepting orders in Bitcoin? Might we accidentally see the situation where the Tesla website is accepting orders for cars not knowing that the Bitcoin price is the equivalent of just a few dollars? If there is a human in the loop setting the bitcoin prices on the Tesla website, and there is a rapid price crash, it could happen!

      Edit. Just read they don't accept bitcoin any longer. Pity, could have been fun.

  4. UCAP Silver badge

    This is just another example ...

    ... of Musk's continent-sized ego getting in the way of basic common sense. If he had not waived due diligence (I suspect because he thought that he knew better, after all he is The Musk) then he probably would not be where he is now.

    1. Pascal Monett Silver badge

      Re: This is just another example ...

      He made a basic mistake : it's not because you have money that you know how the economy works.

  5. Paul Crawford Silver badge

    Cutting Elon story short

    Classic El Reg sub title!

    1. bazza Silver badge

      Re: Cutting Elon story short

      How about "super-cali-fragile-ego-went-on-Twitter-acq-trip, didn't like the taste of it and tries to get deal exit"?

      1. John Brown (no body) Silver badge

        Re: Cutting Elon story short

        Ba-dum tish diddle dum diddle dum tiddle aye!

  6. ICam

    From Technoking...

    to Technocash?

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