We still have no response from Elon Musk to Twitter’s lawsuit over his attempts to pull out of his $44 billion acquisition, but we now have Twitter’s response to Musk’s counterclaims.
The big picture: Par for the course in this bizarre situation.
backstory: Musk had filed the documents under seal last Friday, giving Twitter time to request redactions on what it considers confidential information.
- A judge ruled that Musk’s documents must be unsealed before the end of Friday, though Twitter’s new request is a two-pronged one as it responds to many of Musk’s claims.
- It’s also worth noting that Twitter ultimately opted against editors.
What we learned: Musk leans heavily on the idea that Twitter has misrepresented key user metrics, including daily active users to monetize, which Twitter denies.
- Musk, Twitter says, is trying to claim that he was “tricked” (Twitter’s parlance) by Twitter into signing the $44 billion merger agreement by alleging that Twitter violated its merger agreement by withholding information requests.
- He also claims he has the right to walk away from the deal if Twitter “miscounted the number of fake or spam accounts,” according to Twitter’s response. Musk is attacking Twitter’s lawsuit for the number of fake or spam accounts based on his own calculations, which Twitter claims are unreliable.
The big picture: Twitter said Musk’s response to his lawsuit contains “repeated mischaracterizations” of the merger agreement, particularly around the statistics Twitter provided.
- In an effort to get out of the deal, Twitter said, Musk is taking a swing at “alleged inaccuracies” in the disclosures of user statistics, as he cannot identify “no false or misleading statement of fact in his disclosure.”
- Twitter says Musk “invents statements” Twitter never made about his statistics “and then, selectively, tries to use the extensive confidential data Twitter provided him to invoke a breach of those alleged statements.”
Go deeper: Timeline of Elon Musk and Twitter
Editor’s Note: This story has been updated throughout with additional details.