Billionaire businessman Elon Musk’s lawyers have confirmed that they sent a letter to Twitter on Monday to formally terminate a $44 billion merger agreement, after he subpoenaed a whistleblower for documents on how the platform measures spam accounts, the US Securities and Exchange Commission said on Tuesday.
“The reporting person’s [Elon Musk's] advisers sent a letter to Twitter formally notifying … that the reporting person is terminating their merger agreement for additional bases separate and distinct from those bases set forth in the reporting person’s July 8 letter to Twitter terminating their merger agreement,” the regulatory filing said.
“Although the reporting person believes the [latest] termination letter is not legally necessary to terminate the merger agreement because he has already validly terminated it pursuant to the July 8 termination letter, the reporting person delivered the August 29 termination letter in the event that the July 8 termination letter is determined to be invalid for any reason.”
In an August 29 letter to Twitter's legal chief that was filed with the SEC, Mr Musk's lawyer Mike Ringler, from Skadden, Arps, Slate, Meagher & Flom, said allegations made by the microblogging platform's former head of security Peiter Zatko, related to certain facts known to Twitter before July 8 that were not disclosed and as a result breached the merger agreement and served as a "bases" to end the deal.
Mr Zatko alleged that Twitter was in material non-compliance with legal data privacy obligations, fair trade practice and consumer protection laws and regulations, Mr Musk's lawyer said in the SEC filing, citing Mr Zatko's whistleblower report to various US government entities that was published by The Washington Post.
He also alleged that the platform was “vulnerable to systemic disruption resulting from data centre failures or malicious actors, a fact which Twitter leadership [including its chief executive] have ignored and sought to obfuscate”.
Mr Zatko also alleged that Twitter’s platform was built “in significant part on the misappropriation and infringement of third-party intellectual property”, and that the social media company agreed to a request by a foreign government to allow its agents be hired by the platform and given access to user information, according to the filing.
Twitter was trading 1.35 per cent lower at $39.50 a share in pre-market trading on Tuesday, while Tesla was 6.46 per cent higher at $291.30 a share.
Mr Musk, the world’s richest person, agreed earlier this year to acquire Twitter in a $44 billion deal, pledging to pay $54.20 a share.
Upon completion of the proposed deal, Twitter was to be converted into a private company.
Mr Musk had said he wanted to introduce new features and make algorithms open source to increase trust, “defeat the spam bots, and authenticating all humans”.
However, the deal faced various headwinds. On July 8, Mr Musk filed paperwork to terminate the transaction, claiming Twitter did not address inquiries on its “spam” or bot accounts, or provide him with relevant business information.
Twitter chief executive Parag Agrawal hit back at Mr Musk's concerns and said spam accounts accounted for less 5 per cent of users.
The microblogging platform locks millions of accounts each week that it suspects could be fake, he said.
On July 12, Twitter filed a legal challenge against Mr Musk for breaching the agreement.
Both sides are preparing for a courtroom showdown, which is set to start on October 17 in Wilmington, Delaware.
Lawyers for both Twitter and Mr Musk have issued a flurry of subpoenas to banks, investors and lawyers involved in the deal.
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Elon Musk in 2022 - in pictures
Australia tour of Pakistan
March 4-8: First Test, Rawalpindi
March 12-16: Second Test, Karachi
March 21-25: Third Test, Lahore
March 29: First ODI, Rawalpindi
March 31: Second ODI, Rawalpindi
April 2: Third ODI, Rawalpindi
April 5: T20I, Rawalpindi
Our legal columnist
Name: Yousef Al Bahar
Advocate at Al Bahar & Associate Advocates and Legal Consultants, established in 1994
Education: Mr Al Bahar was born in 1979 and graduated in 2008 from the Judicial Institute. He took after his father, who was one of the first Emirati lawyers
The five pillars of Islam
COMPANY PROFILE
● Company: Bidzi
● Started: 2024
● Founders: Akshay Dosaj and Asif Rashid
● Based: Dubai, UAE
● Industry: M&A
● Funding size: Bootstrapped
● No of employees: Nine
Killing of Qassem Suleimani
Volvo ES90 Specs
Engine: Electric single motor (96kW), twin motor (106kW) and twin motor performance (106kW)
Power: 333hp, 449hp, 680hp
Torque: 480Nm, 670Nm, 870Nm
On sale: Later in 2025 or early 2026, depending on region
Price: Exact regional pricing TBA
Some of Darwish's last words
"They see their tomorrows slipping out of their reach. And though it seems to them that everything outside this reality is heaven, yet they do not want to go to that heaven. They stay, because they are afflicted with hope." - Mahmoud Darwish, to attendees of the Palestine Festival of Literature, 2008
His life in brief: Born in a village near Galilee, he lived in exile for most of his life and started writing poetry after high school. He was arrested several times by Israel for what were deemed to be inciteful poems. Most of his work focused on the love and yearning for his homeland, and he was regarded the Palestinian poet of resistance. Over the course of his life, he published more than 30 poetry collections and books of prose, with his work translated into more than 20 languages. Many of his poems were set to music by Arab composers, most significantly Marcel Khalife. Darwish died on August 9, 2008 after undergoing heart surgery in the United States. He was later buried in Ramallah where a shrine was erected in his honour.
The%20Little%20Mermaid%20
%3Cp%3E%3Cstrong%3EDirector%3A%3C%2Fstrong%3E%20Rob%20Marshall%3Cbr%3E%3Cstrong%3EStars%3A%20%3C%2Fstrong%3EHalle%20Bailey%2C%20Jonah%20Hauer-King%2C%20Melissa%20McCarthy%2C%20Javier%20Bardem%3Cbr%3E%3Cstrong%3ERating%3A%20%3C%2Fstrong%3E2%2F5%3Cbr%3E%3Cbr%3E%3C%2Fp%3E%0A
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Lexus LX700h specs
Engine: 3.4-litre twin-turbo V6 plus supplementary electric motor
Power: 464hp at 5,200rpm
Torque: 790Nm from 2,000-3,600rpm
Transmission: 10-speed auto
Fuel consumption: 11.7L/100km
On sale: Now
Price: From Dh590,000
Dark Souls: Remastered
Developer: From Software (remaster by QLOC)
Publisher: Namco Bandai
Price: Dh199
Labour dispute
The insured employee may still file an ILOE claim even if a labour dispute is ongoing post termination, but the insurer may suspend or reject payment, until the courts resolve the dispute, especially if the reason for termination is contested. The outcome of the labour court proceedings can directly affect eligibility.
- Abdullah Ishnaneh, Partner, BSA Law
The biog
Place of birth: Kalba
Family: Mother of eight children and has 10 grandchildren
Favourite traditional dish: Al Harees, a slow cooked porridge-like dish made from boiled cracked or coarsely ground wheat mixed with meat or chicken
Favourite book: My early life by Sheikh Dr Sultan bin Muhammad Al Qasimi, the Ruler of Sharjah
Favourite quote: By Sheikh Zayed, the UAE's Founding Father, “Those who have no past will have no present or future.”
Company profile
Name: Thndr
Started: October 2020
Founders: Ahmad Hammouda and Seif Amr
Based: Cairo, Egypt
Sector: FinTech
Initial investment: pre-seed of $800,000
Funding stage: series A; $20 million
Investors: Tiger Global, Beco Capital, Prosus Ventures, Y Combinator, Global Ventures, Abdul Latif Jameel, Endure Capital, 4DX Ventures, Plus VC, Rabacap and MSA Capital
THE SPECS
Engine: 1.5-litre
Transmission: 6-speed automatic
Power: 110 horsepower
Torque: 147Nm
Price: From Dh59,700
On sale: now
England Test squad
Ben Stokes (captain), Joe Root, James Anderson, Jonny Bairstow, Stuart Broad, Harry Brook, Zak Crawley, Ben Foakes, Jack Leach, Alex Lees, Craig Overton, Ollie Pope, Matthew Potts
Tales of Yusuf Tadros
Adel Esmat (translated by Mandy McClure)
Hoopoe
How to get exposure to gold
Although you can buy gold easily on the Dubai markets, the problem with buying physical bars, coins or jewellery is that you then have storage, security and insurance issues.
A far easier option is to invest in a low-cost exchange traded fund (ETF) that invests in the precious metal instead, for example, ETFS Physical Gold (PHAU) and iShares Physical Gold (SGLN) both track physical gold. The VanEck Vectors Gold Miners ETF invests directly in mining companies.
Alternatively, BlackRock Gold & General seeks to achieve long-term capital growth primarily through an actively managed portfolio of gold mining, commodity and precious-metal related shares. Its largest portfolio holdings include gold miners Newcrest Mining, Barrick Gold Corp, Agnico Eagle Mines and the NewMont Goldcorp.
Brave investors could take on the added risk of buying individual gold mining stocks, many of which have performed wonderfully well lately.
London-listed Centamin is up more than 70 per cent in just three months, although in a sign of its volatility, it is down 5 per cent on two years ago. Trans-Siberian Gold, listed on London's alternative investment market (AIM) for small stocks, has seen its share price almost quadruple from 34p to 124p over the same period, but do not assume this kind of runaway growth can continue for long
However, buying individual equities like these is highly risky, as their share prices can crash just as quickly, which isn't what what you want from a supposedly safe haven.
Australia squads
ODI: Tim Paine (capt), Aaron Finch (vice-capt), Ashton Agar, Alex Carey, Josh Hazlewood, Travis Head, Nathan Lyon, Glenn Maxwell, Shaun Marsh, Jhye Richardson, Kane Richardson, D’Arcy Short, Billy Stanlake, Marcus Stoinis, Andrew Tye.
T20: Aaron Finch (capt), Alex Carey (vice-capt), Ashton Agar, Travis Head, Nic Maddinson, Glenn Maxwell, Jhye Richardson, Kane Richardson, D’Arcy Short, Billy Stanlake, Marcus Stoinis, Mitchell Swepson, Andrew Tye, Jack Wildermuth.
Killing of Qassem Suleimani
The%20stats%20and%20facts
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Key facilities
- Olympic-size swimming pool with a split bulkhead for multi-use configurations, including water polo and 50m/25m training lanes
- Premier League-standard football pitch
- 400m Olympic running track
- NBA-spec basketball court with auditorium
- 600-seat auditorium
- Spaces for historical and cultural exploration
- An elevated football field that doubles as a helipad
- Specialist robotics and science laboratories
- AR and VR-enabled learning centres
- Disruption Lab and Research Centre for developing entrepreneurial skills
Biggest%20applause
%3Cp%3EAsked%20to%20rate%20Boris%20Johnson's%20leadership%20out%20of%2010%2C%20Mr%20Sunak%20awarded%20a%20full%2010%20for%20delivering%20Brexit%20%E2%80%94%20remarks%20that%20earned%20him%20his%20biggest%20round%20of%20applause%20of%20the%20night.%20%22My%20views%20are%20clear%2C%20when%20he%20was%20great%20he%20was%20great%20and%20it%20got%20to%20a%20point%20where%20we%20need%20to%20move%20forward.%20In%20delivering%20a%20solution%20to%20Brexit%20and%20winning%20an%20election%20that's%20a%2010%2F10%20-%20you've%20got%20to%20give%20the%20guy%20credit%20for%20that%2C%20no-one%20else%20could%20probably%20have%20done%20that.%22%3C%2Fp%3E%0A
CRICKET%20WORLD%20CUP%20LEAGUE%202
%3Cp%3EMannofield%2C%20Aberdeen%3Cbr%3E%3Cbr%3EAll%20matches%20start%20at%202pm%20UAE%20time%20and%20will%20be%20broadcast%20on%20icc.tv%3Cbr%3E%3Cbr%3E%3Cstrong%3EUAE%20fixtures%3C%2Fstrong%3E%3Cbr%3E%3Cbr%3EWednesday%2C%20Aug%2010%20%E2%80%93%20Scotland%20v%20UAE%3Cbr%3EThursday%2C%20Aug%2011%20-%20UAE%20v%20United%20States%3Cbr%3ESaturday%2C%20Aug%2014%20%E2%80%93%20Scotland%20v%20UAE%3Cbr%3EMonday%2C%20Aug%2015%20%E2%80%93%20UAE%20v%20United%20States%3Cbr%3E%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EUAE%20squad%3C%2Fstrong%3E%3Cbr%3E%3Cbr%3EAhmed%20Raza%20(captain)%2C%20Chirag%20Suri%2C%20Muhammad%20Waseem%2C%20Vriitya%20Aravind%2C%20CP%20Rizwan%2C%20Basil%20Hameed%2C%20Rohan%20Mustafa%2C%20Zawar%20Farid%2C%20Kashif%20Daud%2C%20Karthik%20Meiyappan%2C%20Zahoor%20Khan%2C%20Junaid%20Siddique%2C%20Sabir%20Ali%2C%20Alishan%20Sharafu%3Cbr%3E%3Cbr%3E%3Cstrong%3ETable%3C%2Fstrong%3E%20(top%20three%20teams%20advance%20directly%20to%20the%202023%20World%20Cup%20Qualifier)%3Cbr%3E%3Cbr%3E1.%20Oman%2036%2021%2013%201%201%2044%3Cbr%3E2.%20Scotland%2024%2016%206%200%202%2034%3Cbr%3E3.%20UAE%2022%2012%208%201%201%2026%3Cbr%3E--%3Cbr%3E4.%20Namibia%2018%209%209%200%200%2018%3Cbr%3E5.%20United%20States%2024%2011%2012%201%200%2023%3Cbr%3E6.%20Nepal%2020%208%2011%201%200%2017%3Cbr%3E7.%20Papua%20New%20Guinea%2020%201%2019%200%200%202%3C%2Fp%3E%0A
Specs
Engine: Duel electric motors
Power: 659hp
Torque: 1075Nm
On sale: Available for pre-order now
Price: On request
Evacuations to France hit by controversy
- Over 500 Gazans have been evacuated to France since November 2023
- Evacuations were paused after a student already in France posted anti-Semitic content and was subsequently expelled to Qatar
- The Foreign Ministry launched a review to determine how authorities failed to detect the posts before her entry
- Artists and researchers fall under a programme called Pause that began in 2017
- It has benefited more than 700 people from 44 countries, including Syria, Turkey, Iran, and Sudan
- Since the start of the Gaza war, it has also included 45 Gazan beneficiaries
- Unlike students, they are allowed to bring their families to France
UAE currency: the story behind the money in your pockets
The%20specs
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Score
Third Test, Day 2
New Zealand 274
Pakistan 139-3 (61 ov)
Pakistan trail by 135 runs with 7 wickets remaining in the innings
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%3Cp%3E%3Cstrong%3EDirector%3A%20%3C%2Fstrong%3EAdam%20Wingard%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EStarring%3A%20%3C%2Fstrong%3EBrian%20Tyree%20Henry%2C%20Rebecca%20Hall%2C%20Dan%20Stevens%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3ERating%3A%3C%2Fstrong%3E%204%2F5%3C%2Fp%3E%0A
The specs
Engine: 4.0-litre flat-six
Torque: 450Nm at 6,100rpm
Transmission: 7-speed PDK auto or 6-speed manual
Fuel economy, combined: 13.8L/100km
On sale: Available to order now