3 ms·

A potential defence for Musk maybe? E: Disclaimer - I don't care which way the Musk vs Twitter thing goes. I just can see this being the next sticking point

nathanvanfleet 4y ago
nope. Why do you think an arbitrary thing will help him slip out of his business deal?
- klyrs 4y ago
  I can picture the twitter board... "I know how to make this go away, let's accept his offer, pass him a spliff, and say 'wouldn't it be hilarious to do the deal without due diligence?'" [unanimous laughter]
  - openthc 4y ago
    Yea, they be laughing at how that fool hits a J.
  - kevinmchugh 4y ago
    I'm under the impression that Musk decided entirely on his own to skip diligence. Am I wrong?
    - klyrs 4y ago
      I think you're right, at least, that's consistent with Twitter's account of the "whirlwind bargaining session." What I said up there was 100% humor. In all seriousness, I'm really hoping that Twitter takes Musk down a notch here, and most of the legal maneuvering has filled me with childish glee. Until today, that is. If the twitter board was aware of this, I'm not sure that even signing away diligence would get them off the hook. I'm not a lawyer, so I'm not really sure what to think here
  - blantonl 4y ago
    Well, corporate governance always has meeting minutes for this exact reason. The corporate secretary always as a fiduciary responsibility to record in written form what was discussed at a board meeting.
- bpodgursky 4y ago
  Any proof of material internal knowledge which wasn't disclosed during diligence is completely fair game in a court case like this. Human beings on juries (or judges) decide these things. If you promise to sell someone a car and don't disclose that a raccoon is living in the seat cushion, it doesn't really matter what you made them sign, you're at risk of an adverse judgement.
kyrra 4y ago
I'd agree on maybe, but it likely depends on what the Twitter board knew. If the Twitter board knew about it, and thought it had material impact on their company but did not disclose it, it could be considered at least part of the evidence for must saying the board is not being truthful or forthcoming.

nathanvanfleet 4y ago

nope. Why do you think an arbitrary thing will help him slip out of his business deal?

klyrs 4y ago
I can picture the twitter board... "I know how to make this go away, let's accept his offer, pass him a spliff, and say 'wouldn't it be hilarious to do the deal without due diligence?'" [unanimous laughter]
- openthc 4y ago
  Yea, they be laughing at how that fool hits a J.
- kevinmchugh 4y ago
  I'm under the impression that Musk decided entirely on his own to skip diligence. Am I wrong?
  - klyrs 4y ago
    I think you're right, at least, that's consistent with Twitter's account of the "whirlwind bargaining session." What I said up there was 100% humor. In all seriousness, I'm really hoping that Twitter takes Musk down a notch here, and most of the legal maneuvering has filled me with childish glee. Until today, that is. If the twitter board was aware of this, I'm not sure that even signing away diligence would get them off the hook. I'm not a lawyer, so I'm not really sure what to think here
- blantonl 4y ago
  Well, corporate governance always has meeting minutes for this exact reason. The corporate secretary always as a fiduciary responsibility to record in written form what was discussed at a board meeting.
bpodgursky 4y ago
Any proof of material internal knowledge which wasn't disclosed during diligence is completely fair game in a court case like this. Human beings on juries (or judges) decide these things. If you promise to sell someone a car and don't disclose that a raccoon is living in the seat cushion, it doesn't really matter what you made them sign, you're at risk of an adverse judgement.

kyrra 4y ago

I'd agree on maybe, but it likely depends on what the Twitter board knew. If the Twitter board knew about it, and thought it had material impact on their company but did not disclose it, it could be considered at least part of the evidence for must saying the board is not being truthful or forthcoming.