Professor Ann Lipton and Compound248 on $TWTR vs. Musk

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

Chapters
0:00 Intro
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