Elon Musk and his lawyers filed a new “Termination Letter” with the SEC on August 2. In this letter, they cited the statements of Twitter’s former security chief, who claimed Twitter repeatedly tried to mislead regulators about the platform’s security. Musk is hoping to evade Twitter’s $44 billion deal with this.
Last week, Twitter’s former security chief uncovered some untold facts about the company’s security, saying Twitter has lied about the bot’s estimation and the platform’s safety. A whistleblower and a cybersecurity expert, Peter’s Mudge’ Zatko, is behind these claims. He also said Twitter got him fired because he refused to stay silent about the vulnerabilities in the platform.
Now, Musk hopes to evade Twitter’s $44 billion deal by relying on Peiter “Mudge” Zatko’s claims. The wealthiest man on the planet believes Twitter has misled the SEC with false claims. Moreover, a judge has recently ordered Twitter to hand over 9,000 account data to Musk’s legal team, which might help them with the case.
“[Zatko’s] allegations, if true, demonstrate that Twitter has breached the following provisions of the Merger Agreement, thereby giving the Musk Parties the right to terminate the Merger Agreement pursuant to its terms as more fully described below,” Musk wrote in the termination letter.
Elon Musk could be fined or forced to complete the Twitter deal
Citing Peiter “Mudge” Zatko’s comments is one of Elon Musk’s chances to cancel his Twitter contract. If Musk and his lawyers can’t convince the court, he will have to pay a $1 billion fine or even be forced to perform a “specific performance.” In other words, he might end up paying $44 billion to buy Twitter. Both sides already agreed to appear in court in October.
Law professor Ann Lipton believes Zatko’s complaint is a “wild card” in the legal case. She also said that Musk’s arguments “do not appear to be very strong.”
Of course, Twitter has reacted to the recent termination letter by Musk, saying the case is “invalid and wrongful.” Additionally, the company says Zatko’s allegations are “riddled with inconsistencies and inaccuracies and lack important context.”
“Contrary to the assertions in your letter, Twitter has breached none of its representations or obligations under the Agreement,” Twitter representatives noted. “Twitter intends to enforce the Agreement and close the transaction on the price and terms agreed upon with the Musk Parties.”
2022-08-31 15:05:48