December 6, 2023

Now, you can read the full argument from Elon Musk’s lawyers that his latest change of heart is actually all Twitter’s fault, in this 165-page document just released by the Delaware Court of First Instance.

You know the basics of history. Musk bought a bunch of Twitter stock. Musk agreed to take a seat on the company’s board and promised not to try to buy Twitter. Then he changed his mind, provided the necessary financing using some of his Tesla stock, and eventually agreed to a $44 billion deal to buy Twitter. He then changed his mind again and tried to back out of the deal, prompting Twitter to sue the world’s richest man to force him to buy the company as he said he would.

Twitter lawyers are already digging into Musk’s business dealings, trying to find evidence that the change is about something else, and now we can see Musk’s side arguing that, in fact, they strategically blocked, misunderstood and dismissed his efforts to find out how many people tweet.

In the second half, it also includes the Musk team’s responses to the Twitter lawsuit, if you want to read a very expensive argument in full.

Whether you agree with Musk’s lawyers or Twitter’s lawyers, getting the document in one piece is definitely easier to follow. He claims that Twitter is lying about statistics that reflect the number of its active users and how many of them are bots, and that this fraud he claims contributes to a “material adverse effect” that will let him back out of the deal that they signed.

Twitter already posted a point-by-point response that included most of the document, but you need to hear both sides before they meet in court on October 17.

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