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Twitter (TWTR) lead lawyer says 'Musk was never going to take yes for an answer'

The case against Musk includes statements that he was never going to take yes for an answer, and couldn't bring himself to claim that an MAE had occurred.

Image: Britta Pedersen/Getty Images
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On Twitter (TWTR), @chancery_daily has been live tweeting the heated Twitter vs Elon Musk hearing. Among the information tweeted out about the proceedings, one notable comment from Twitter’s lead representing lawyer, Bill Savitt from Wachtell, notes that this case is a “refusal to close” case and that Musk was “never going to take yes for an answer.”

Following this, it was also commented that, “Musk couldn’t even bring himself to claim that an MAE had occurred.” An MAE, which stands for material adverse event, is essentially a change in circumstances that "significantly reduces the value of a company."

The dissection of Musk’s behavior doesn’t end there either, as Twitter reportedly argued that Musk has been “inflicting harm on Twitter every day” and there’s even a slide dedicated to “Musk drama” according to the tweets from @chancery_daily.

Continuing to make its case, Twitter’s lawyer pointed out that, “Musk is doing the exact opposite of ‘best efforts’ - he’s doing his best to get out of the contract, he’s doing his [worst]. It’s egregious, willful, breaching conduct. The daily harm it causes the company justifies an expedited schedule.”

Further down the tweet thread, there’s a remark about the counsels being in favor of the earliest possible trial date, and that orders of expedition are routine in circumstances like these. Previously, the judge presiding over the case in the Delaware Court of Chancery where Twitter filed its lawsuit had set October as the start date for the trial. With this, it'll be interesting to see if the date gets revised.

Musk is being represented by Andy Rossman of Quinn Emanuel, with Musk’s representatives commenting things such as Twitter anticipating that the timing “could extend all the way to February 2023” and that this is the only true drop-dead date. With this, Musk’s representatives are “seeking to try a case that would take 3-4 years in 6-7 months.” Musk’s lawyers also cite one of Musk’s talking points regarding bots on Twitter.

The thread reporting on the case goes on quite a bit longer, with numerous tweets sharing details delivered from both Twitter’s representation and Musk’s. To dig deeper into more of this spicy back-and-forth court reporting, we recommend looking through the full thread from @chancery_daily.

Outside of that, we’re also curious what your thoughts are on some of the statements being made? Let us know in Chatty! For more on what else Elon Musk has been up to, also be sure to check out our previous coverage of an October date being set for the Twitter lawsuit with Elon Musk.

Senior Editor

Morgan is a writer from the frozen wastelands of Maine who enjoys metal music, kpop, horror, and indie games. They're also a Tetris fanatic who's fiercely competitive in games like Tetris 99... and all games in general. But mostly Tetris. You can follow Morgan on Twitter @Author_MShaver.

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From The Chatty
    • reply
      July 19, 2022 1:08 PM

      What's an MAE?

      • reply
        July 19, 2022 1:09 PM

        Material adverse effect

        • reply
          July 19, 2022 1:25 PM

          Thx my google skills were weak.

      • reply
        July 19, 2022 1:19 PM

        For mergers and acquisitions, a material adverse effect (MAE) is a change in circumstances that "significantly reduces the value of a company."

    • reply
      July 19, 2022 5:07 PM

      Twitter's lawyers were great back when I worked there. They handled the acquisition of my product, crashlytics, to Google, and that was a complicated as fuck acquisition.

      • reply
        July 19, 2022 6:29 PM

        You may not hear this much on gaming websites but I’m a big fan of Crashlytics haha. Use it like every day.

        • reply
          July 19, 2022 6:52 PM

          Awesome! I was a huge part of it (and answers, before google shut that down 😭) I joined in 2013 and only just left crashlytics in February to become eng manager of firebase test lab. Feel free to DM me any crashlytics feedback you'd want me to pass along to my pals on that team.

          • reply
            July 19, 2022 6:53 PM

            My last features before I left was the signals tags and fixing how closed issues worked (they used to reopen constantly and annoy people)

      • reply
        July 19, 2022 11:44 PM

        wtf Crashlytics was yours? Awesome!

    • reply
      July 19, 2022 5:12 PM

      Damn, didn't expect twitter's lawyers to go so publically on the offensive outside trial.
      There's probably a good tactical reason for it, they probably don't expect the outcome to go 100% their way

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