Serious Trouble
Serious Trouble
Elon Musk, Chancery Courts, Specific Performance, and the Pride of Delaware

Elon Musk, Chancery Courts, Specific Performance, and the Pride of Delaware

Elon Musk wants out of buying Twitter. What will Delaware's courts do about that?

Dear readers:

There was a lot of legal news this week, so we split our episode into two pieces. Earlier this week, we released a half-hour episode about Sidney Powell, Steve Bannon, and new developments in the January 6 hearings. If you didn’t get that episode, it’s because you’re not a paying subscriber, but you can change that by pressing the button below.

(If you are a paying subscriber and didn’t get the episode, please email us at and we’ll help you out.)

Today, we have a brief episode about Elon Musk: He agreed to buy Twitter, he doesn’t want to buy it anymore, Twitter wants to enforce the contract that requires him to buy the company, and so they’re arguing in the chancery court in Delaware about what will happen next.

What is a chancery court? What is “specific performance”? Will a Delaware court actually force this company — an entity with employees, customers, and significant societal influence — into the hands of a buyer who doesn’t want to own and operate it?

Listen to this episode where we discussed all those matters — an episode that almost didn’t happen because of this incredibly chilling text from Ken…

No Doritos or producers were harmed in the making of this episode.


Click here for a transcript of this episode.

Josh’s recent interview with Bloomberg Money columnist (and former M&A lawyer) Matt Levine [Very Serious]

And another issue of Very Serious on Elon’s interest in owning Twitter

Matt’s recent columns on Elon and Twitter

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Serious Trouble
Serious Trouble
An irreverent podcast about the law from Josh Barro and Ken White.
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Josh Barro
Ken White