August 17, 2022

Twitter: Musk Roundup

It’s been about a month since I last weighed in on Twitter v. Musk.  I’ve found it easy to avoid commenting on the case, because most of what’s been going on in recent weeks involves discovery disputes that make non-litigators eyes glaze over.  But I have been keeping tabs on what others have been saying, so here’s a selection of some recent highlights:

– For a blow-by-blow of the parties’ filings with the Chancery Court, there’s no substitute for The Chancery Daily’s Twitter feed. Here’s a great thread on how the details of Twitter’s 30(b)(6) deposition schedule for Musk essentially map out its case.

– If you’re looking for a deep dive on the availability of specific performance and alternative damage measures that the Chancery Court might opt for in the event that it finds Musk breached the agreement but decides not to award specific performance, check out this series of blogs (here’s the final one) by Prof. John Patrick Hunt on ContractsProf Blog.

– Slate’s interview with Columbia’s Eric Talley provides a great summary of the hazards Musk faces if he tries to use financing issues as a way out of the Twitter deal. It also helps explain why Twitter’s so interested in getting discovery from Musk’s banks.

John Jenkins