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Judge appointed to Elon Musk v Twitter lawsuit has ordered a corporate buyout in the past

Ministério Das Comunicações, CC BY 2.0 , via Wikimedia Commons

Published

3 years ago

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Twitter’s lawsuit against Elon Musk will be ruled by Judge Kathaleen McCormick, who took over the role of chief judge of the Court of Chancery last year. She has a no-nonsense reputation, and she stands as one of the few jurists who actually ordered a reluctant buyer to close a U.S. corporate merger. 

Twitter’s lawsuit against Elon Musk is poised to be one of the most notable legal showdowns in recent years. The lawsuit was triggered by Musk’s recent announcement that he intends to walk away from his efforts to acquire Twitter, citing the social media company’s lack of transparency with its bot data. In response, Twitter took the legal route, so Musk would be required to complete the acquisition at the initially agreed-upon price of $54.20 per share. 

Adam Badawi, a law professor who specializes in corporate governance at the University of California Berkeley, noted that Judge McCormick’s track record suggests that she could make a stern decision about the Twitter vs. Elon Musk lawsuit. “She already has a track record of not putting up with some of the worst behavior that we see in these areas when people want to get out of deals. She is a serious, no-nonsense judge,” Badawi said. 

It should be noted that there are only a handful of times when judges have ordered reluctant buyers to close an attempted corporate acquisition. A case that McCormick handled was one of them, according to a Reuters report. It was pretty recent too, with Judge McCormick ruling last year that an affiliate of private equity firm Kohlberg & Co LLC should close its $550 million buyout attempt of DecoPac Holding Inc. 

Back then, Kohlberg argued that it was walking away because DecoPac had violated its merger agreement. Just like Musk, Kohlberg also claimed in part that DecoPac had failed to maintain ordinary operations. McCormick ultimately rejected Kohlberg’s arguments, however, describing her ruling as “chalking up a victory for deal certainty.”

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Of course, Musk and Twitter’s acquisition deal is several magnitudes larger than Kohlberg and DecoPac. It also involves a publicly traded company, so any decision she might make about the matter could have material effects on Twitter’s shareholders. It may even affect Tesla shareholders, considering that most of Musk’s fortune is tied to his stake in the Texas-based electric vehicle maker. 

Don’t hesitate to contact us with news tips. Just send a message to simon@teslarati.com to give us a heads up.

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Simon is an experienced automotive reporter with a passion for electric cars and clean energy. Fascinated by the world envisioned by Elon Musk, he hopes to make it to Mars (at least as a tourist) someday. For stories or tips--or even to just say a simple hello--send a message to his email, simon@teslarati.com or his handle on X, @ResidentSponge.

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Investor's Corner

Elon Musk praises Ray Dalio’s Bridgewater for accumulating TSLA stock

Published

3 weeks ago

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February 14, 2025

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Credit: Tesla Asia/X

A recent 13-F filing from legendary investor and billionaire Ray Dalio’s Bridgewater Associates has revealed that the hedge fund has added over $62 million worth of Tesla stock (NASDAQ:TSLA) to its portfolio.

Elon Musk has praised the billionaire’s investment in a post on X.

Bridgewater’s TSLA stake:

  • As per Bridgewater’s 13-F filing, it currently holds 153,589 shares of TSLA, which costs $62,025,382.
  • The firm added the TSLA shares in the fourth quarter.
  • Tesla shares gained momentum after its Q3 2024 earnings call, and it only gained more strength after the election of U.S. President Donald Trump.
  • At the end of 2024, Tesla shares were up 62%, as noted in a MarketWatch report.
  • Tesla stock is still up 88% over 12 months despite a steep drop over the past month.

A vote of confidence: 

  • Bridgewater Associates is one of the largest hedge funds in the world, so the firm’s stake in TSLA could be interpreted as a vote of confidence in the electric vehicle maker.
  • Elon Musk has praised the firm’s investment. In a post on X, Musk noted that Bridgewater’s investment was a “smart move.”
  • Elon Musk has been quite consistent on his idea that Tesla could eventually become the world’s most valuable company. He emphasized this point during the Q4 2024 earnings call.
  • “I see a path. I’m not saying it’s an easy path but I see a path of Tesla being the most valuable company in the world by far. Not even close. There is a path where Tesla is worth more than the next top five companies combined,” Musk said.

Don’t hesitate to contact us with news tips. Just send a message to simon@teslarati.com to give us a heads up.

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Investor's Corner

Tesla (TSLA) gets $475 price target and “Buy” rating from Benchmark

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3 weeks ago

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February 12, 2025

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Credit: Tesla

Tesla shares (NASDAQ:TSLA) have received a “Buy” rating and a $475 per share price target from Benchmark.

Benchmark’s price target is based on 68.2 times its 2028 earnings before interest, taxes, depreciation, and amortization (EBITDA), as noted in a Morningstar report.

Tesla rating:

  • In a note to clients, Benchmark analyst Mickey Legg noted that Tesla has outlined a path towards more growth through several of its initiatives.
  • These include Tesla’s work in autonomous driving systems, robotics, and energy generation.
  • The company could also make more headway into the electric vehicle segment.
  • “The company has outlined a path for growth with a more affordable vehicle scheduled for 1H25, unsupervised full self-driving as a paid service this June in Austin, TX, and Optimus robot production ramp through 2026 and beyond,” the analyst stated.

More potential:

  • While he sees potential in Tesla, the Benchmark analyst noted that his current model only incorporates vehicle growth. 
  • Thus, there could be “significant potential upside” if the company’s autonomous vehicle program and Optimus are scaled.
  • “Tesla’s market leadership, near-term catalysts, strong management, and diversified business justify the stock’s market premium,” Legg noted.

Don’t hesitate to contact us with news tips. Just send a message to simon@teslarati.com to give us a heads up.

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Investor's Corner

Tesla is ‘better-positioned’ as a company and as a stock as tariff situation escalates

Published

1 month ago

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February 3, 2025

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The Cybertruck-towed Model Y ad at Hayden Planetarium. Credit: Tesla North America | X

Tesla is “better-positioned” as a company and as a stock as the tariff situation between the United States, Mexico, and Canada continues to escalate as President Donald Trump announced sanctions against those countries.

Analysts at Piper Sandler are unconcerned regarding Tesla’s position as a high-level stock holding as the tariff drama continues to unfold. This is mostly due to its reputation as a vehicle manufacturer in the domestic market, especially as it holds a distinct advantage of having some of the most American-made vehicles in the country.

Analysts at the firm, led by Alexander Potter, said Tesla is “one of the most defensive stocks” in the automotive sector as the tariff situation continues.

The defensive play comes from the nature of the stock, which should not be too impacted from a U.S. standpoint because of its focus on building vehicles and sourcing parts from manufacturers and companies based in the United States. Tesla has held the distinct title of having several of the most American-made cars, based on annual studies from Cars.com.

Its most recent study, released in June 2024, showed that the Model Y, Model S, and Model X are three of the top ten vehicles with the most U.S.-based manufacturing.

Tesla captures three spots in Cars.com’s American-Made Index, only U.S. manufacturer in list

The year prior, Tesla swept the top four spots of the study.

Piper Sandler analysts highlighted this point in a new note on Monday morning amidst increasing tension between the U.S. and Canada, as Mexico has already started to work with the Trump Administration on a solution:

“Tesla assembles five vehicles in the U.S., and all five rank among the most American-made cars.”

However, with that being said, there is certainly the potential for things to get tougher. The analysts believe that Tesla, while potentially impacted, will be in a better position than most companies because of their domestic position:

“If nothing changes in the next few days, tariffs will almost certainly deal a crippling blow to automotive supply chains in North America. [There is a possibility that] Trump capitulates in some way (perhaps he’ll delay implementation, in an effort to save face).”

There is no evidence that Tesla will be completely bulletproof when it comes to these potential impacts. However, it is definitely better insulated than other companies.

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Please email me with questions and comments at joey@teslarati.com. I’d love to chat! You can also reach me on Twitter @KlenderJoey, or if you have news tips, you can email us at tips@teslarati.com.

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