News & Analysis as of

Elon Musk Twitter

Davies Ward Phillips & Vineberg LLP

“Con Ed” Damages in Canadian Public M&A: Revisiting Cineplex v Cineworld in Light of Recent Delaware Case Law

What is a spurned seller’s recourse when a buyer walks away from a deal in breach of the purchase agreement? In private M&A, the answer is reasonably straightforward: sue the buyer to close the deal or to recover damages. In...more

Benesch

Trade Secrets/Non-Compete Year in Review - 2023

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Welcome to our 2023 Trade Secret and Restrictive Covenant Year in Review. 2023 was a busy year in this space, but not as busy as many expected. Although multiple states introduced restrictive covenant legislation, the most...more

Troutman Pepper

Delaware Court of Chancery Addresses Enforceability of Con Ed Provision

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In Crispo v. Musk, the Delaware Court of Chancery considered the enforceability of a so-called “Con Ed” provision contained in a merger agreement governing the well-publicized and troubled acquisition of Twitter, Inc....more

Wilson Sonsini Goodrich & Rosati

Delaware Court of Chancery Addresses Benefit-of-the-Bargain Damages in Busted Deals and Who Can Seek Them

On October 31, 2023, in Crispo v. Musk, Chancellor Kathaleen St. J. McCormick of the Delaware Court of Chancery issued a decision addressing an important question that arises in mergers and acquisitions: if one of the parties...more

Proskauer - Labor Relations Update

UPDATE: Fifth Circuit Affirms NLRB Ruling In Tesla Case, Ordering Elon Musk to Delete Union-Related Tweet

On March 31, 2023, the United States Court of Appeals for the Fifth Circuit affirmed a National Labor Relations Board (“NLRB”) decision issued in 2021 (previously discussed here), which held that Tesla Inc. violated the...more

Goodwin

Jury Acquits Tesla and Musk of Securities Fraud for 2018 Tweets Regarding Going Private

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On February 3, 2023, in the matter In re Tesla Inc. Securities Litigation, Case No. 3:18-cv-04865, a California federal jury cleared Tesla, Inc. (Tesla), and CEO Elon Musk of claims that they committed securities fraud,...more

Seward & Kissel LLP

Musk Wins Tweet Trial

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On February 3, 2023, a federal California jury found Elon Musk not liable for losses experienced by Tesla investors following his August 2018 tweet stating he had “funding secured” to take the company private. The...more

BCLP

Unusual Musk Trial Highlights Risks Facing Public Company Executives

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Amidst all the controversy and legal proceedings involving Elon Musk, one could overlook the fact that he and his company Tesla are on trial now in U.S. District Court for securities fraud. Yet they are: a jury has been...more

Levenfeld Pearlstein, LLC

Lessons and Reminders for Employers from Elon Musk’s Employment-Related Actions at Twitter

Since taking control of Twitter at the end of October, Elon Musk has been making news headlines for all the wrong reasons. Shortly after the acquisition was complete, he fired nearly half of Twitter’s workforce – before...more

McGuireWoods LLP

Musk-Twitter Feud Privilege Fallout: Part I

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Not surprisingly, the Musk-Twitter fast-track Delaware case generated privilege issues. One predictably recognized Musk's unique role in his varied revolutionary enterprises. In Twitter, Inc. v. Musk, Civ. A. No....more

Goodwin

Dismissal of Putative Securities Class Action for Plug Power Inc.

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​​​​​​​On September 29, 2022, U.S. District Judge Edgardo Ramos of the Southern District of New York dismissed a putative securities class action against Plug Power Inc. and certain of its officers. Plaintiff brought suit...more

Tarter Krinsky & Drogin LLP

Law Brief®: Rich Schoenstein and Robert Heim Discuss Musk v. Twitter

The new season starts off with a discussion of the pending dispute between Elon Musk and Twitter, scheduled to go to trial this month. White Collar and Government Investigations Partner Robert Heim returns to the Podcast to...more

Goodwin

Dismissal of Putative Securities Class Action for Bellus Health, Inc.

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On September 21, 2022, U.S. District Judge George B. Daniels of the Southern District of New York dismissed with prejudice a putative securities class action against BELLUS Health, Inc. and certain of its officers....more

Goodwin

SEC Sues and Settles Claim Against Investment Adviser Representative For “Cherry-Picking Scheme” After Entry of Cease and Desist...

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​​​​​​​On September 13, 2022, the U.S. Securities and Exchange Commission (“SEC”) announced a settlement with investment advisory firm Buckman Advisory Group LLC (“Buckman Advisory”) and its CEO Harry Buckman Jr. to settle...more

Farrell Fritz, P.C.

“So What?”: Twitter Resists Merger Agreement Termination by Invoking Musk’s Unclean Hands

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Elon Musk has lobbed in two additional termination letters since his original July 8 letter seeking to terminate his agreement to acquire Twitter for $44 billion.  Each termination letter cites alleged false representations...more

Goodwin

Central District of California Authorizes Service of John Doe Summons on Cryptocurrency Dealer

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​​​​​​​On August 15, 2022, the United States District Court for the Central District of California authorized the IRS to serve a “John Doe” summons on Ox Labs Inc., a cryptocurrency prime dealer doing business as SFOX. ...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #342 – If You Use Twitter, Be Aware and Stay Tuned

This week, in addition to the news-catching, ongoing dispute between Twitter and Elon Musk, Twitter’s former head of cybersecurity, Peiter Zatko, claimed in a whistleblower filing with several federal agencies that Twitter...more

Thomas Fox - Compliance Evangelist

The Woody Report - Twitter v. Elon Musk

Welcome to The Woody Report, where Washington & Lee School of Law Associate Professor Karen Woody and I discuss issues on white collar crime, compliance issues, international corruption, securities and accounting fraud, and...more

Adler Pollock & Sheehan P.C.

Twitter Fingers and Delaware’s Court of Chance(ry)

In a seemingly Hollywood marriage, Elon Musk—the Chief Executive Officer of Tesla and SpaceX (“Mr. Musk”)—stated he is terminating his agreement to purchase Twitter, Inc. (“Twitter”) for $54.20 per share or about $44 billion...more

Goodwin

Twitter Brings Suit Against Musk in Delaware Court of Chancery Seeking Specific Performance

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On July 12, 2022, Twitter, Inc. brought a civil action in the Delaware Court of Chancery against Elon Musk, the co-founder and CEO of Tesla Motors, Inc., for breach of contract in an attempt to force Musk to complete his...more

Kramer Levin Naftalis & Frankel LLP

Once More Unto the (Material) Breach: Twitter Sues Elon Musk to Enforce Agreement

On July 12, 2022, Twitter, Inc. sued Elon Musk and certain of his special purpose entity affiliates in the Delaware Court of Chancery, seeking specific performance to force Mr. Musk to close on his agreement to purchase...more

Robins Kaplan LLP

Twitter Sues Musk in Delaware Chancery Court to Force Acquisition

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The other shoe dropped for Elon on Tuesday, with Twitter suing the Tesla CEO in Chancery Court in Delaware to force him to “complete is $44 billion acquisition” of the social media company. That court will now “determine...more

Robins Kaplan LLP

Elon Ditches Twitter Deal; High-Stakes Litigation Expected

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Billionaires these days . . . . We’re away for a week, and Elon goes and blows everything to hell. After announcing that, actually, he would not be buying Twitter for the $44 billion he promised back in April, Musk presided...more

Robins Kaplan LLP

Markets Tank Again As Recession Fears Join Inflation Worries

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As expected, traders’ initial exuberance at the Fed’s big rate hike was short-lived, and markets resumed their recent dismal performance on Thursday, as recession fears joined inflation concerns to make for a rough day on...more

Robins Kaplan LLP

Musk Threatens to Pull Out of Twitter Deal Over Fake Account Data

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Another week, another Elon tantrum. This time, Mr. Musk and his legal team have dispatched a “crisp, six-paragraph letter” to Twitter, accusing it of “actively resisting and thwarting” Musk’s rights while “completing a $44...more

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