butters
High on a Hill
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- Jul 2, 2009
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Thanks to the so-called business judgment rule, a U.S. company's board of directors has wide latitude to determine how it evaluates its ultimate fiduciary duty, he said.
So even though some shareholders would be likely to sue Twitter should the board reject Musk's offer, the suits probably would not get far, Kaiser said.
"In this case, there isn’t another bidder," Kaiser said, "so the board has to discuss is it in best interest of the company to be privately owned — and privately owned by Musk. That’s a really difficult analysis, but it's very possible that they can use the business judgment rule to say it is not in their interest if it goes private, and private by Musk."
Referring to the platform Trump founded last year, Navarra said: "We know from examples like Truth Social that creating a platform that is geared around ‘free speech’ and relaxed or no kind of moderation is not an attractive proposition to most people, and neither are they too interesting or good opportunities for advertisers.
"No one wants to spend hours in an app of people just being vile and controversial and argumentative and polarizing. That isn’t enjoyable, and advertisers certainly won’t stick around for that for very long."
plus other, former shareholders are suing himWhat Happened: A recent SEC filing shows that Vanguard Group is now the biggest shareholder of Twitter with a 10.3% stake in the company. That's 82.4 million shares, worth $3.7 billion as of Friday's close.
That's an increase from December 2021, when Vanguard reported holding 67.2 million shares of Twitter, or about 8.4% of the company.
https://www.msn.com/en-us/money/new...sedgntp&cvid=eace8b921d32468dbc505bd742908b29The shareholders said Musk made "materially false and misleading statements and omissions" by failing to reveal he had invested in Twitter by March 24 as required under federal law.