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> His letter isn't made in good faith and if this gets litigated, I bet the Delaware courts will relish making an example of him. Why is a big shoe law firm of
by morpheuskafka 4y ago
> His letter isn't made in good faith and if this gets litigated, I bet the Delaware courts will relish making an example of him.
Why is a big shoe law firm offering up their name to sign it then? Don't attorneys have a duty to only raise good faith arguments and not mislead others with claims that have no reasonable basis of holding up. Not like the big name lawyers on the other side will actually be mislead, but still.
- hkhanna 4y agoSadly, there's no general duty of lawyers to only raise good faith arguments. There are specific duties not to mislead courts, but it's a pretty high bar and not relevant here since there's no court involved (yet). There is a possibility that Musk's tactic will work here. I just think it's unlikely because the Delaware courts will see this for what it is: a pretext for buyer's remorse. Because of this (small) possibility of success, there isn't any reason why Mike & Skadden can't ethically represent Musk here.