Elon Musk accused Twitter of fraud in a countersuit over his aborted $44 billion deal for the social media company, which he claimed held back necessary information and misled his team about the true size of its user base.
The countersuit by the billionaire and Tesla CEO alleges that Twitter committed fraud, breach of contract and violation of a securities law in Texas, where Musk lives.
Musk’s counterclaims were filed confidentially last week and unsealed in a filing late Thursday at the Delaware Chancery Court.
Musk offered to buy Twitter earlier this year, then tried to back out of the deal by claiming the social platform was infested with a larger numbers of “spam bots” and fake accounts than Twitter had disclosed.
Twitter sued to force him to complete the acquisition. Musk responded by filing his countersuit.
Musk’s attorneys argue in the countersuit that Twitter “misrepresentations or omissions” distorted the company’s value and caused Musk to agree in April to buy it at an inflated price. They said Twitter’s own disclosures revealed that it has 65 million fewer “monetizable daily active users,” who can be shown digital ads, than the 238 million that Twitter claims.
The filing also said most of Twitter’s ads are shown only to a sliver of the company’s user base.
Musk’s team also accused Twitter of making too many major changes in recent months without consulting Musk, including personnel decisions and allegedly disobeying social media restrictions imposed by the government of India, which is Twitter’s third largest market. Musk had pledged to make Twitter a haven for free speech but has also said it must comply with the local laws where it operates.
In an unexpected twist, Twitter filed its response denying Musk’s accusations before Musk’s own counterclaims surfaced.
Twitter called Musk’s reasoning “a story, imagined in an effort to escape a merger agreement that Musk no longer found attractive.” The company, in particular, took issue with Musk’s estimate of fake accounts, saying the analysis relied on a “generic web tool” that designated Musk’s own Twitter account as a likely bot.
“The result is a distortion that Musk is hoping will nonetheless make waves,” Twitter’s response said.
The case is scheduled to go to trial on October 17. The Delaware court handles many high-profile disputes between businesses, such as Twitter, that are incorporated there.
Droga5 Appoints Emma Montgomery As Global Chief Strategy Officer
Creative agency network Droga5 has appointed Emma Montgomery as global chief strategy officer. She is the third global appointment for the agency this year, with Pelle Sjoenell named worldwide chief creative officer this past March, and global CEO Mark Green recently appointed this fall. Montgomery will be responsible for connecting and supercharging Droga5’s strategy and creative offerings globally. She will be based in its headquarters in New York City.
“Emma is a world-class strategic leader and authority that I’ve long admired and dreamt of being partners-in-crime with,” said Sjoenell. “Her work inspires the creativity that connects people and brands in ways that move business and culture forward, so I’m excited to finally be able to work with her alongside Mark, and to see her lead and further strengthen our leadership and strategy teams around the world.”
Montgomery joins Droga5 after serving as CEO of DDB Chicago. She’s been in the industry for over 20 years, and has served in several high-level leadership positions throughout her career, including as president and CSO of Leo Burnett Chicago, global CSO of TBWA, and CEO of Leo Burnett Australia. She’s also worked across a breadth of categories and multiple global clients such as Kraft, Aldi, Diageo and Molson Coors, among many others, including challenger brands and startups.
“I’m excited to join Droga5 and have the opportunity to help carve out a new path for the brand globally, building on its tremendous legacy of creative leadership,” said Montgomery. “The potential of Droga5, combined with the possibilities of Accenture Song, was too exciting to pass up. No other agency has what they have, and as marketing shifts, the chance to make creativity a genuine... Read More