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LetMyPeopleVote

(177,766 posts)
30. Four cases lawyers for Twitter and Elon Musk will be examining as they head to court
Wed Jul 13, 2022, 12:37 AM
Jul 2022


https://www.cnbc.com/2022/07/12/here-are-four-past-cases-twitter-and-elon-musks-lawyers-will-be-examining-as-they-head-to-court.html?utm_source=dlvr.it&utm_medium=twitter

AB Stable v. Maps Hotels and Resorts
In this 2020 case, a South Korean financial services company agreed to buy 15 U.S. hotels from AB Stable, a subsidiary of Anbang Insurance Group, a Chinese company, for $5.8 billion. The deal was signed in September 2019 and scheduled to close in April 2020.

The buyer argued Covid-19 shutdowns were cause for a material adverse effect on the deal. The seller sued for specific performance.

Judge J. Travis Laster found that hotel shutdowns and dramatic capacity reductions breached the “ordinary course” of business clause, and ruled that the buyer could get out of the deal.

The Delaware Supreme Court affirmed the decision in 2021.

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OPENING ARGUMENTS has a solid discussion of this issue brooklynite Jul 2022 #1
TY for this, LMPV.. I'm not Cha Jul 2022 #2
Why is the Attorney General of Texas.... SergeStorms Jul 2022 #3
There is a difference between specific performance, and a monetary award of damages. Ms. Toad Jul 2022 #4
The Merger Agreement provides for specific performance as a remedy LetMyPeopleVote Jul 2022 #11
I wrote junk like that in the multi-million dollar contracts I drafted, too. Ms. Toad Jul 2022 #13
Wilson Sonsini is a decent firm and so it will be interesting to see what happens LetMyPeopleVote Jul 2022 #15
My guess is they will settle, Ms. Toad Jul 2022 #16
The Delaware Chancery Court has granted specific performance in other deals LetMyPeopleVote Jul 2022 #17
You did see the note about it being uncommon, right? n/t Ms. Toad Jul 2022 #20
I have been doing large public company deals for a very long time LetMyPeopleVote Jul 2022 #22
I don't see anything in your experience Ms. Toad Jul 2022 #25
Four cases lawyers for Twitter and Elon Musk will be examining as they head to court LetMyPeopleVote Jul 2022 #29
Technically, the claim is breach of contract. Ms. Toad Jul 2022 #38
Four cases lawyers for Twitter and Elon Musk will be examining as they head to court LetMyPeopleVote Jul 2022 #30
Real property is a standard exception the rule which favors monetary damages. n/t Ms. Toad Jul 2022 #35
Four cases lawyers for Twitter and Elon Musk will be examining as they head to court LetMyPeopleVote Jul 2022 #31
Precisely what I expect to happen here - a settlement. n/t Ms. Toad Jul 2022 #36
Four cases lawyers for Twitter and Elon Musk will be examining as they head to court LetMyPeopleVote Jul 2022 #32
Another settlement. n/t Ms. Toad Jul 2022 #37
A Chancellor has been assigned in the Twitter v. Musk case. LetMyPeopleVote Jul 2022 #39
Musk is trying to re-write merger agreement with Twitter LetMyPeopleVote Jul 2022 #40
Difference between merger price 54.20 and today's price 32ish is substantial mathematic Jul 2022 #18
Yup. That's the differnece. Ms. Toad Jul 2022 #21
Could they all agree to settle for like 3 billion dollars of his own money ? JI7 Jul 2022 #5
musk could save everyone a lot of aggravation if he stroked out. niyad Jul 2022 #6
Why is everyone so certain that Twitter didn't mislead regarding the fake accounts? MichMan Jul 2022 #7
Because we read the merger agreement LetMyPeopleVote Jul 2022 #9
Thanks, I'm not privy to Twitters internal metrics. MichMan Jul 2022 #10
TY.. This is ON Musk. Cha Jul 2022 #14
Twitter just hired a big-name law firm to sue Elon Musk for dropping out of $44 billion takeover bid LetMyPeopleVote Jul 2022 #8
Wachtell Lipton is exactly who you would hire in these circumstances: the most famous merger firm LetMyPeopleVote Jul 2022 #12
I would think the judge could order Musk to sell off one of his assets to complete the deal. LiberalFighter Jul 2022 #19
If everyone is convinced that Musk will be ordered to complete the original deal MichMan Jul 2022 #23
I was not impressed with four page letter from Skadden but I love the simple response from Wachtell LetMyPeopleVote Jul 2022 #24
If a judge orders Musk to complete the sale I think he will because of the effect not doing it ZonkerHarris Jul 2022 #26
I would be VERY reticent about asking for specific performance jmowreader Jul 2022 #27
Read the lawsuit filed by Twitter LetMyPeopleVote Jul 2022 #34
Here is a link to the lawsuit filed by Twitter LetMyPeopleVote Jul 2022 #28
Twitter is asking for a full trial on the merits in September LetMyPeopleVote Jul 2022 #33
OPENING ARGUMENT did a good summary of the Specific Performance aspects of the lawsuit. brooklynite Jul 2022 #41
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