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Twitter interviews Elon Musk, known for his combative testimony, by Reuters
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4 months agoon
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© Reuters. Elon Musk’s Twitter profile is seen on a smartphone placed on the Twitter logos printed in this illustration taken on April 28, 2022. REUTERS/Dado Ruvic/Illustration
by Tom Hals
WILmington, Del (Reuters) – Billionaire Elon Musk’s penchant for swearing during his oath interrogation will be tested again this week, when lawyers will… Twitter Inc (NYSE:) is expected to interview the CEO of Tesla (NASDAQ:: Inc) regarding his abrupt decision in July to abandon his $44 billion deal for the social media company.
Testifying in previous legal battles, the world’s richest person has called opposing lawyers “reprehensible,” questioned their happiness and accused them of “blackmail.” One attorney asked if he was working in an emergency because the attorney’s client was in default on child support payments.
“So you’re probably in an emergency situation or you’re taking this kid’s money. What is it?” Musk asked for a whistleblower attorney in a case against Tesla, according to a 2020 filing.
The high stakes Twitter interview is closed to the public. A lawsuit said last week that Musk’s filing was scheduled to begin on Monday and run through Wednesday, if necessary. Sources familiar with the statement said that Musk was not questioned on Monday, did not know what day it would start, and did not give a reason for the delay.
James Morch, one of the company’s attorneys who was not involved in the court battle, said Musk’s lawyers would want to keep him focused on answering questions, but that this could prove challenging with such an intelligent, opinionated witness.
“I’m going to compare it to trying to catch a tiger by the tail,” Morsch said.
The text showed that in a 2019 report in a lawsuit over Tesla’s acquisition of solar panel maker SolarCity, Musk refused five times to answer one of the initial questions due to the way it was phrased.
“We can stare at each other until you paraphrase,” Musk told opposition attorney Randall Barron.
“I think we’ll cancel that deposit,” Barron replied. Barron suggested he would seek a judge’s order directing Musk to answer questions, which seemed to move things along.
Twitter declined to comment, and Musk’s legal team did not immediately respond to a request for comment.
Twitter’s lawyers are expected to use the interview in an attempt to show that Musk abandoned the deal because of plummeting financial markets and not because the company misled him about the true number of users or hid security vulnerabilities, he claimed.
Musk wants a judge to let him get away without penalty, while Twitter wants an order to force him to buy the company for $54.20 per share. Twitter stock closed 0.4% higher at $41.58 on Friday.
A five-day trial is scheduled to begin October 17 in Wilmington, Delaware.
Dozens of affidavits have been scheduled in the case, including Twitter CEO Parag Agrawal, with each side questioning witnesses and gathering evidence to prove their case.
Agrawal was scheduled to answer questions from Musk’s attorney at a San Francisco law firm beginning at 9 a.m. local time Monday, according to the court filing, though sources said the filing was also delayed and gave no reason.
Twitter founder and former Twitter CEO Jack Dorsey was due to be fired last week.
What is the whole truth?
Musk has occasionally shown in his nominations the charm and wit he posts on Twitter, building a cult-like following.
The atmosphere of sedimentation on Twitter can be especially risky. Its legal team includes Wachtell, Lipton, Rosen & Katz, and lead attorney in the case, Bill Savitt, who initially represented Musk and Tesla in the SolarCity deal, though not during discovery and filing in litigation.
Savit did not respond to a request for comment.
Twitter also represents Wilson Sonsini Goodrich & Rosati.
Consistent in the three testimonies reviewed by Reuters is Musk’s hatred of lawyers representing the other side, whom he accuses of “cheating” and pursuing him solely for the sake of money.
“I heard yesterday that 3% of the US economy is legal services. This is one of the saddest facts I’ve heard in a long time,” Musk told Baron, an attorney at the Solar City filing.
The filing began litigation with a Tesla whistleblower, Martin Tripp, who accused the company of wasting raw materials, by asking Musk if he understood the oath he made to testify truthfully.
“This sounds like some kind of legal semantic argument. – What is the whole truth of something?” Musk asked, depending on the version. “You say, ‘Is this a tree?’” What type of tree is this? Is it a tree with a lot of leaves? Or is it—if you say that something is a tree is the whole truth? No, of course not.
Trip Musk’s attorney reminded the judge that he would personally supervise the filing if questions were not answered correctly.
“Do you intend to obey the judge’s directions there?” asked attorney William Fischbach.
Of course, Musk said.
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Business
MicroStrategy is at its lowest level since 2020 after the sales were revealed
Published
3 weeks agoon
December 29, 2022By
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(Bloomberg) — Shares of MicroStrategy touched their lowest level since August 2020 after the enterprise software company, which in recent years has been known as the largest buyer of bitcoin, revealed its first sale of the token.
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The stock fell 1.1 percent to $136.63 on Thursday, down 75 percent this year. Bitcoin rose less than 1% to around $16,590 and is believed to have fallen 64% since the start of the year.
In a filing on Wednesday, MicroStrategy said it acquired approximately 2,395 Bitcoin between the beginning of November and December 21 through its subsidiary MacroStrategy, and paid out approximately $42.8 million in cash. It then sold 704 of the tokens on Dec. 22 for a total of about $11.8 million, citing tax purposes, before buying another 810 of them two days later.
Matt Malley, chief market strategist for Miller Tabak + Co. Step down as CEO. This news means they don’t seem to want to do that anytime soon.”
Overall, MicroStrategy held about 132,500 bitcoins worth over $4 billion USD as of December 27th. The company paid an average purchase price of $30,397 per bitcoin.
“Given MicroStrategy’s $2.4 billion in leverage, we believe the company may have a lot of leverage over Bitcoin, and may face some liquidity risk,” Jefferies analyst Brent Thiel wrote in a note on Wednesday. Thill has an “underperform” rating on the stock and a price target of $110.
Over the years of the pandemic, MicroStrategy has become well known for its Bitcoin takeovers, largely led by Saylor. Earlier this year, Saylor stepped down from that role and now serves as CEO at the company and continues to lead its bitcoin strategy.
MicroStrategy was trading around $120 before Saylor first announced the company’s Bitcoin purchases in 2020. The stock reached an all-time high of $1,315 in February 2021.
(Updates to include the stock’s closing price in the second paragraph.)
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Business
Bankman-Fried May File Petition in New York Federal Court Next Week Before Judge Louis Kaplan By Cointelegraph
Published
3 weeks agoon
December 29, 2022By
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Former FTX CEO Sam Bankman-Fried is set to appear in court on the afternoon of January 3 to enter a lawsuit over two counts of wire fraud and six counts of conspiracy against him related to the collapse of cryptocurrency exchange FTX, according to Reuters. mentioned on December 28, citing court records. Bankman-Fried will appear before District Judge Lewis Kaplan in Manhattan.
Judge Kaplan was appointed to hear the case on December 27 after the original judge in the case, Ronnie Abrams, Resigned herself because of connections between FTX and the law firm Davis Polk & Wardwell, where her husband is a partner. The company provided advisory services to FTX in 2021.
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The US stock market, according to the S&P 500 index SPX typically rises just over 1% over that time period. With the exception of Thursday’s powerful session, Santa Claus is missing in action, but there is still time. A side effect of this system is that if the market Failure To record gains over the 7-day period, this is a negative sign going forward. Or as Hirsch so eloquently put it: “If Santa Claus fails to call him, bears may come to Broad and Wall.”
The SPX chart itself has resistance at 3900-3940, after crashing below 3900 in mid-December. So far, there has been support in the region of 3760-3800. Thus, the market is range bound in the short term. Don’t expect that to last for long. From a slightly longer-term perspective, there is heavy resistance reaching 4100, which is where the stock market rally in early December failed. On the downside, there should be some support at 3700, and then a yearly low at 3500. Of course, the bigger picture continues to be that of a bear market, with trend lines sloping down (blue lines in accompanying SPX chart). We do Not Have the McMillan Volatility Band (MVB) signal in place at this time. SPX needs to move outside of +/- 4σ “Adjusted Bollinger Bands” to produce such a signal.
There has been massive buying recently, and buying percentages have been steadily rising because of that. These ratios have been in sell signals for a few weeks now, and as long as they are trending higher, these sell signals will remain in place. This applies to all of our buy-to-buy ratios, especially the stock-only ratios (accompanying charts) and the total buy-to-buy ratio. The CBE’s share-only buying ratio hit a huge number on December 28, but there are some arbitrage implications there, so that number may be overestimated. the Basic The ratio is near its yearly highs, which means it is definitely oversold, and weighted The ratio is starting to approach oversold levels as well. However, “Oversold does not mean overbought.”
The market breadth has been weak, therefore our wide oscillators remain sell signals, albeit in the oversold territory. The NYSE Breadth Oscillator attempted to generate buy signals on two recent occasions, but ultimately failed. The “Stocks Only” display oscillator did not generate a buy signal. We also monitor the difference between these two oscillators, which is oversold as well – after a buy signal failed recently.
One area that is slightly improving is the new 52-week highs on the New York Stock Exchange. Over the past two days, the number of new highs has been over 60. That may not sound like much, and it really isn’t – but it’s an improvement. However, for this indicator to generate a buy signal, the number of new highs must exceed 100 for two consecutive days. This may be difficult at the moment. The most optimistic area is volatility (VIX, to be exact). VIX She is still in her own world. Yes, it has risen slightly over the past two days, in what appears to be a concession to the sharp drop in stock prices, but overall, the technical signals from the VIX are still bullish for stocks. There is a “peak high” buy signal in place, and VIX direction The buy signal is also still active. The VIX would have to close above the 200-day moving average (currently at 25.50 and falling) to cancel VIX direction Buy signal, and it would have to close above 25.84 (mid-December high) to cancel the ‘peak high’ buy signal.
the Building Derivatives volatility remains bullish in its outlook for stocks as well. The term structures of both VIX futures and CBOE volatility indexes slope upward. Furthermore, all VIX futures are trading at healthy VIX premiums. These are positive signs for stocks.
In short, we continue to maintain a “fundamental” bearish position, due to the bearish trend on the SPX chart and due to the recent breakdown below 3900. There are also negative signals from the Bought and Breadth ratios (although both are oversold). The only current buy signals come from the volatility complex. Therefore, we will continue to trade the confirmed signals around this “core” position.
New recommendation: Chevron (CVX) There is a new buy signal for the buy-to-buy ratio in Chevron Buy 1 CVX February (17The tenth) 180 calls
At 7.20 or less.
CVX: 177.35 Feb (17.35).The tenth) 180 call: 7.00 bid at 7,20,000
We will hold this position as long as CVX’s buy-to-buy ratio remains on a buy signal. Follow the movement:
All breakpoints are mental breakpoints unless otherwise noted.
We use our “standard” rolling procedure Spread: In any bull or bears vertical spread, if the basic hits the short strike, roll over the entire spread. That would be a roll Top In the event of a bull call spread or roll Down In the event of a bear outbreak. Stay at the same expiration, and keep the distance between strikes the same unless otherwise instructed.
Long 2 SPY Jan (20The tenth) 375 lays and shorts Jan 2 (20The tenth) 355 places: This is our “basic” bearish position. As long as the SPX remains in a downtrend, we want to maintain the position here. Long 2 KMB Jan (20The tenth) 135 calls: It is based on the buy-to-buy ratio at Kimberly-Clark Long 2 IWM Jan (20The tenth) 185 Calls Through the Money and Short 2 IWM Jan (20The tenth) 205 calls: This is our bullish seasonality basis between Thanksgiving and the second trading day of the new year. Get out of this iShares Russell 2000 ETF The position at the close of trading on Wednesday, January 4, the second trading day of the new year.
Long 1 SPY Jan (20The tenth402 call and Short 1 SPY Jan (20The tenth) 417 calls: This spread was bought at the close on December 13thThe tenth, when the most recent VIX “peak high” buy signal was generated. Stop yourself if the VIX closes later above 25.84. Otherwise, we will hold for 22 trading days.
Long 1 SPY Jan (20The tenth389 Lay and Short 1 Spy Jan (20The tenth) 364 put: This was in addition to our “core” bearish position, created when the SPX closed below 3900 on December 15th.The tenth. Stop out from this spread if it is SPX Close above 3940. Long 2 PCAR Feb (17The tenth) 97.20 puts: This puts on Paccar Purchased on December 20thThe tenth, when they finally traded at our buy limit. We will continue to maintain these positions for as long as possible weighted Buy-to-buy ratio on a sell signal.
Long 2 SPY Jan (13The tenth) 386 calls and Short 2 SPY Jan (13The tenth) 391 calls: This is a trade based on the seasonal positive “March of Santa Claus” time period. There is no downtime for this trade, except for time. If SPY is trading at 391, roll the entire spread up by 15 pips on each side. In any case, exit your spreads at the end of trading on Wednesday, January 4th (the second trading day of the new year).
All breakpoints are mental breakpoints unless otherwise noted.
Lawrence G. McMillan is the President of McMillan Analysis, a registered investment and commodity trading advisor. McMillan may hold positions in securities recommended in this report, either personally or in client accounts. He is an experienced trader, money manager, and author of the best-selling book, Options as Strategic Investing. www.optionstrategist.com Send questions to: lmcmillan@optionstrategist.com.
Disclaimer: © McMillan Analysis Corporation is registered with the Securities and Exchange Commission as an investment advisor and the CFTC as a commodity trading advisor. The information in this newsletter has been carefully compiled from sources believed to be reliable, but accuracy and completeness are not guaranteed. Officers or directors of McMillan Analysis Corporation or accounts managed by such persons may have positions in securities recommended in the advisory.
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Opinion: The stock market is range-bound in the short term. Don’t expect that to last long.
SPX,
Struggled this week overall, during a typically seasonal upswing. This is what Yale Hirsch called the “Santa Claus Walk” 60 years ago. It covers the time period of the last five trading days of one year and the first two trading days of the following year.
VIX,
CVX,
Coming from an extreme oversold condition. So, we’ll take a long stand here:
spy,
KMB,
This ratio has now turned into a sell signal, so sell these calls to close the position.
iwm,
PCAR,
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