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This does not bode well for Twitter, since their position was that the number of bots was irrelevant, given that Musk waived due diligence. If Musk is allowed t

This does not bode well for Twitter, since their position was that the number of bots was irrelevant, given that Musk waived due diligence. If Musk is allowed to press the issue of bots, the trial could easily veer off from the details of the contract into discussions of Twitter's statistical methods, which gives Musk's lawyers a chance to muddy the waters considerably.

SamReidHughes 4y ago
It would not muddy any waters, because it's not a jury trial.
- snypher 4y ago
  Wouldn't the same tactics work (maybe lesser) on the judge?
  - SamReidHughes 4y ago
    She’s a far cry from the median juror, and the reasoning behind Twitter’s statistical soundness is simple and obviously correct, unless there are surprising facts to be uncovered.
  - rsynnott 4y ago
    Arguably the whole point of Delaware (in its manifestation as a port of convenience for companies; I assume some people live there too) is precisely that that sort of thing does _not_ happen.
- deleted 4y ago
  [deleted]
HillRat 4y ago
Eh, the court granted one discovery request out of twenty-two, so it’s not in any case an unalloyed win for Musk. As for the bots issue, remember that Twitter convinced Musk to write language in the contract that moots the materiality scrape in the bringdown clause, so there’s an MAE hurdle that has to be met even if Twitter can be shown to have a significantly more serious bot problem than they represented in their legal filings. The chancery court is going to give Musk a chance to make his case with the data necessary to make it, but it’s a hell of an upward slog for him. (His lawyers will definitely try to muddy the waters, but they’re a bare-knuckle LA litigation firm trying to start a barroom brawl in the genteel corporate citadel of Delaware, so don’t expect that to go over very well with the court.)
kadoban 4y ago
This article is an opinion piece, regardless of what they call it. The audience is those who love Elon Musk and hate the current leadership of Twitter and only want to hear that. It's hard to tell what any of this means from it, because it's too busy pushing that agenda. From what I can tell, this essentially means nothing, it's a fairly boring part of discovery.

SamReidHughes 4y ago

It would not muddy any waters, because it's not a jury trial.

snypher 4y ago
Wouldn't the same tactics work (maybe lesser) on the judge?
- SamReidHughes 4y ago
  She’s a far cry from the median juror, and the reasoning behind Twitter’s statistical soundness is simple and obviously correct, unless there are surprising facts to be uncovered.
- rsynnott 4y ago
  Arguably the whole point of Delaware (in its manifestation as a port of convenience for companies; I assume some people live there too) is precisely that that sort of thing does _not_ happen.
deleted 4y ago
[deleted]

HillRat 4y ago

Eh, the court granted one discovery request out of twenty-two, so it’s not in any case an unalloyed win for Musk. As for the bots issue, remember that Twitter convinced Musk to write language in the contract that moots the materiality scrape in the bringdown clause, so there’s an MAE hurdle that has to be met even if Twitter can be shown to have a significantly more serious bot problem than they represented in their legal filings. The chancery court is going to give Musk a chance to make his case with the data necessary to make it, but it’s a hell of an upward slog for him. (His lawyers will definitely try to muddy the waters, but they’re a bare-knuckle LA litigation firm trying to start a barroom brawl in the genteel corporate citadel of Delaware, so don’t expect that to go over very well with the court.)

kadoban 4y ago

This article is an opinion piece, regardless of what they call it. The audience is those who love Elon Musk and hate the current leadership of Twitter and only want to hear that. It's hard to tell what any of this means from it, because it's too busy pushing that agenda. From what I can tell, this essentially means nothing, it's a fairly boring part of discovery.