Elon Musk is trying to get out of the agreement by alleging that Twitter falsely exaggerated the amount of phoney accounts on the network, but Twitter has filed a court response rejecting his counterclaims against the firm he's going to purchase. Twitter disputes Musk's assertions in a 127-page filing, calling it "a made-for-litigation tale that is contradicted by the evidence and common sense.”
The social network said that these counterclaims "fail to support Musk's plan to violate the merger agreement" in its filing and that they represent an attempt to get out of the merger agreement as a result of the market slump.
“According to Musk, he — the billionaire founder of multiple companies, advised by Wall Street bankers and lawyers — was hoodwinked by Twitter into signing a $44 billion merger agreement. That story is as implausible and contrary to fact as it sounds,” snarked Twitter, in the filing made public on Thursday.
For starters, Musk has misread a lot of Twitter analytics, according to the social network's attorneys. He mixed up monetizable daily users with monetized daily users, for instance. In its quarterly financial report, Twitter frequently utilises the former statistic to gauge its expansion.
The Twitter response is full of arch legal repartee, trying to show that Musk’s claims are ridiculous. So expect sentences like: “To the extent Paragraph 7 contains allegations about Musk’s ‘thesis,’ Twitter lacks knowledge or information sufficient to form a belief as to the truth of the facts alleged and denies them on that basis.“
“Musk invents representations Twitter never made and then tries to wield, selectively, the extensive confidential data Twitter provided him to conjure a breach of those purported representations, Twitter writes. “Yet Musk simultaneously and incoherently asserts that Twitter breached the merger agreement by stonewalling his information requests.”