From the LA Times:
"The sensible thing...would be for everybody to sit down and work out...some face-saving solution where Musk doesn’t end up owning Twitter, but Twitter gets to take a pretty good chunk out of Musk’s hide." — UCLA law professor Stephen M. Bainbridge ...
Many legal experts believe that Twitter has a strong case. “If the case goes all the way through trial and appeal, I think Twitter will prevail in the judicial system,” says Stephen M. Bainbridge, corporate law professor at UCLA. ...
“The notion that Musk can somehow lose in Chancery Court and refuse to go forward strikes me as absurd,” Bainbridge says. “The hallmark of Delaware law is that they provide predictability and certainty.... If Delaware says ‘We’re going to make an Elon Musk exception,’ the damage to Delaware’s brand would be enormous.”
Chancellor McCormick, moreover, is known as a tough judge. “She’s not somebody to be trifled with,” Bainbridge says. “She’s not somebody intimidated by wealth or power.”
Bainbridge agrees. “The sensible thing for everybody to do, if we were dealing with ordinary folks,” he says, “would be for everybody to sit down and work out a deal that either increases the break-up fee or is some face-saving solution where Musk doesn’t end up owning Twitter, but Twitter gets to take a pretty good chunk out of Musk’s hide.”
