In a surprising turn of events, Elon Musk’s company, X Corp., has filed a lawsuit against prestigious law firm Wachtell, Lipton, Rosen & Katz, accusing them of excessive billing during Musk’s high-profile attempt to take Twitter private last year. The legal action claims that Wachtell presented a staggering $90 million bill as a “last-minute” fee, raising eyebrows and leading to a legal battle that could have far-reaching implications.
Challenging the Charges:
X Corp.’s legal complaint alleges that Wachtell overcharged for their services following Musk’s withdrawal of the initial $44 billion acquisition offer for Twitter. Despite the setback, Wachtell played a pivotal role in finalizing the deal in November 2022, which came at a premium to Twitter’s market valuation at the time. However, the $90 million fee raised concerns over billing practices, prompting X Corp. to seek repayment of any excess payments and attorneys’ fees related to the ensuing litigation costs.
Legal Representation and Responses:
Representing Elon Musk’s company in this high-stakes legal battle is Reid Collins & Tsai, a reputable litigation boutique based in Austin, Texas. As the case unfolds, both Reid Collins and Wachtell have remained tight-lipped, refusing to comment on the lawsuit or provide any official statements regarding the allegations.
History of Payment Issues:
This lawsuit is not the first time Elon Musk has found himself entangled in legal disputes involving payment matters with Twitter’s vendors. Following Musk’s acquisition of Twitter, the company faced a barrage of lawsuits (reportedly at least 26) for non-payment to various vendors, as revealed by the online legal records database Plainsite. In addition, Twitter stopped paying rent for its San Francisco headquarters and reportedly failed to compensate Google for utilizing its cloud infrastructure.
Wachtell’s Role and Twitter’s Response:
Wachtell, Lipton, Rosen & Katz, a renowned U.S. law firm known for representing numerous companies and investment vehicles in similar deals, had actively represented Twitter during the acquisition process. The law firm pitched its representation to Twitter in June 2022, anticipating the possibility of Musk reneging on the contract. Twitter’s former general counsel and ex-finance chief were among the executives involved in engaging Wachtell’s services.
Musk’s Unusual Attempt and Subsequent Lawsuits:
Elon Musk’s endeavor to back out of the Twitter deal took an unorthodox path but ultimately proved unsuccessful. He claimed that Twitter had not provided sufficient disclosure regarding the presence of spam and fake accounts on the platform. In response, Twitter sued Musk for failing to honor his commitment to the company’s shareholders, ultimately compelling Musk to proceed with the agreed-upon acquisition.
The Ongoing Legal Saga:
The X Corp. versus Wachtell lawsuit adds another layer to the ongoing legal saga surrounding Elon Musk’s acquisition of Twitter. The case is currently being heard in the California Superior Court (County of San Francisco) under the case number CGC-23-607461. As the proceedings unfold, the outcome of this high-profile lawsuit will undoubtedly attract significant attention, with potential implications for billing practices in major corporate transactions.Conclusion: Elon Musk’s X Corp.’s lawsuit against Wachtell, Lipton, Rosen & Katz marks a significant development in the aftermath of Musk’s attempted acquisition of Twitter. The allegations of overcharging and the subsequent legal battle shine a light on the complexities of major corporate transactions and the importance of transparent billing practices. As the case progresses, the outcome will be closely watched by industry experts and legal observers alike, potentially shaping future negotiations and legal standards in similar deals.
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Ankur Srivastava 
TET