Bret Taylor, Twitter’s chairman, said he intends to see the deal through and said the company plans to take legal action against Musk.
If Twitter files a lawsuit against Musk, the parties are likely to face a long legal battle ahead.
Twitter’s board is in a very difficult position, said Ann Lipton, a professor of corporate governance at Tulane Law School. “They can’t just say, ’Alright, let’s spare us the pain, Elon we’ll let you knock the price down by $20 per share, or we’ll settle, we’ll agree to walk away if you just pay the billion dollar break fee. I mean, Twitter is just not in a position to be able to do that.”
Doing so would risk triggering a lawsuit by Twitter shareholders, she added. Twitter shareholders
have already fileda lawsuit against the company and Elon Musk himself over the chaotic deal.
Merger agreements are “very hard to get out of,” and so far, Musk appears to have provided insufficient evidence backing up his claims that Twitter lied about its spam figures, Lipton said.