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Sadly, 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 no
by hkhanna 4y ago
Sadly, 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.