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Case

Twitter v. Elon Musk, et al.

Analysis Group was retained by counsel for Twitter in its widely publicized litigation against Elon Musk and his companies in connection with his $44 billion acquisition of Twitter. Seeking initially to terminate the deal, Mr. Musk alleged that the company made material misrepresentations regarding the number of spam and false accounts on the platform. He later claimed that Twitter made material misrepresentations regarding its information security and data privacy practices, and that Twitter failed to operate its business in the ordinary course after his offer when it made payments to a whistleblower who made allegations about the company’s data security. Finally, Mr. Musk alleged that Twitter was in noncompliance with its obligations under a Federal Trade Commission (FTC) consent decree. Twitter filed suit in the Delaware Chancery Court, seeking to force Mr. Musk to complete the acquisition.

More than 75 Analysis Group consultants across its North American and European offices assisted Twitter’s counsel in the litigation – supporting a wide variety of experts, consulting on depositions, and analyzing the defendants’ data science analyses. The firm’s teams were led by Managing Principals Maureen Chakraborty, Michael Cliff, Mark Howrey, Lisa Pinheiro, and Richard Starfield; Principals Laura Comstock, Chris Feige, and Jimmy Royer; and Vice Presidents Jonathan Borck, Juliette Caminade, Anne Catherine Faye, and Ben Samuels.

Our expert support work included the following:

FALSE AND SPAM ACCOUNTS

  • Professor Christopher Bail of Duke University critiqued the opposing expert’s manual and AI-based analyses of the number of false or spam accounts on the Twitter platform.
  • Matthew Cutts, former head of webspam at Google, opined on Twitter’s process for identifying and counting the number of false or spam accounts on the platform.
  • Professor Catherine Tucker of the MIT Sloan School of Management opined on the long-term determinants of Twitter’s growth and the relevance of monetizable daily active users and false and spam accounts.

INFORMATION SECURITY AND PRIVACY

  • Alex Stamos of Stanford University and Jerry Perullo of the Georgia Institute of Technology evaluated the allegations of the whistleblower that Twitter’s information and data security, and privacy controls, were severely lacking.

ORDINARY COURSE OF BUSINESS

  • David Gordon of FW Cook Advisors evaluated whether the settlement payment Twitter made to the whistleblower was a “severance or termination payment” not made in the ordinary course of business.

CONSENT DECREE

  • Harriet Pearson, former chief privacy officer at IBM, assessed whether Twitter violated its FTC consent decree and evaluated the potential penalties Twitter could face as a result of such violations.

One day before a judge-imposed deadline to close the transaction, Mr. Musk completed his acquisition of Twitter at the agreed-upon price of $44 billion.

Associated People

Chris Feige

Chris Feige

Principal

Mr. Feige specializes in the areas of finance, securities, and financial markets. He has worked on and managed a range of securities and valuation projects in the UK and Europe. Mr. Feige has been appointed as expert in Dutch court to provide valuation and securities claims reports in support of Steinhoff’s global securities settlement, and gave evidence in the Dutch Enterprise Chamber regarding the valuation of Getir. He has also managed teams evaluating shareholder reliance and disclosure materiality and estimating counterfactual share prices in UK Financial Services and Markets Act (FSMA) Section 90A litigation matters. Mr. Feige has supported experts analyzing the volume of false and spam accounts on Twitter, Twitter’s information security infrastructure, Twitter’s data privacy and compliance with a US Federal Trade Commission (FTC) consent decree, and share price and valuation issues on behalf of Twitter in Twitter v. Musk in which Elon Musk eventually purchased Twitter at his initial offer price. In cases involving alleged market manipulation in the foreign exchange (FX) and IBOR markets, he has analyzed trade data and evaluated alleged manipulation strategies. Mr. Feige worked on USA v. Richard Usher, et al., and the Foreign Exchange Class Antitrust Litigation, analyzing FX trade and chat data, as well as competition issues; preparing experts for testimony at trial; and providing data analyses and consulting support to counsel throughout the projects. He has also worked on a range of international arbitration cases, including valuation, damages, and competition analyses. In addition, he has developed complex valuation models, including discounted cash flow models, and analyzed asset-backed securities, collateralized debt obligations, and other securitized products in support of expert testimony in a number of bankruptcy and damages matters. Mr. Feige has also worked on a number of international arbitrations valuing defaulted sovereign debt, expropriated oil fields, and retail operations. His work has been published in several industry journals.

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Lisa B. Pinheiro

Lisa B. Pinheiro

Managing Principal

Ms. Pinheiro has an extensive background in quantitative analysis and data science, which she has applied to various practice areas, including traditional and decentralized finance, intellectual property, biostatistics, and antitrust. In finance, she focuses on cases involving allegations of market price manipulation, misleading communications, excessive mutual fund fees, and mortgage-backed securities litigation. In particular, she has been retained by the US Department of Justice, regulatory agencies, banking institutions, and market exchanges to consult, advise, and testify on matters involving allegations of spoofing and price manipulation, as well as corresponding detection approaches. Her recent work has included the valuation of large portfolios of cryptocurrency assets and the analysis of the market microstructure of digital assets, reflecting her long-standing interest in the field, including early Bitcoin mining experience and certification as a Bitcoin Professional through the CryptoCurrency Certification Consortium. Ms. Pinheiro has also applied survey analysis and statistical modeling to various intellectual property cases, including patent disputes among smartphone manufacturers, copyright tariff setting for musical works, and patent infringement in the pharmaceutical industry. She has extensive experience analyzing clinical trial, registry, and insurance claims data for both litigation and research purposes and has published manuscripts on pharmacoeconomic issues. Her work integrates traditional economic analysis with cutting-edge applications of AI, from evaluating machine learning models in litigation to using generative AI to support the review of large datasets. In the antitrust field, she has acted as an expert and supported other experts in class certification and price-fixing matters involving a wide range of industries, including online search engines, computer chips, liquid-crystal display (LCD) panels, airline ticketing services, gaming, and grocery stores. Ms. Pinheiro has also authored expert reports and testified on questions relating to the modeling and calculation of royalties and damages.

Prior to joining Analysis Group, Ms. Pinheiro served as executive director of the finance group of CIRANO, where she conducted applied research projects in collaboration with private and public partners, including work on hedge funds, style analysis, credit and operational risk, and the development of integrated risk management tools for practical applications.

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Jimmy Royer

Jimmy Royer

Principal

Dr. Royer applies a broad range of quantitative tools to address client needs in data science, statistics, HEOR, finance, intellectual property, competition policy, and antitrust cases in the United States, Canada, and the EU. His recent work includes predicting the potential future onset of rare or undiagnosed conditions with machine learning models; predicting whether patents would be considered essential to technological standards if challenged in courts; valuing patents in the communications industry; evaluating damages related to product defects; analyzing investment guidelines in securities lending suits; addressing allegations of monopolization in major antitrust cases involving high tech firms; and supporting many academic experts on mutual fund market timing and excess fee cases. In addition, Dr. Royer has conducted extensive academic research and coauthored books and papers on topics such as using new AI advances in HEOR; predicting treatment resistance in tuberculosis, using machine learning algorithms in propensity score models; measuring the impact of ESO backdating on shareholders’ wealth; analyzing mutual fund pricing; analyzing antitrust limit pricing; valuing private investments for hospitals in Canada; determining the impact of hypertension therapies on mortality; and comparing unemployment compensation in different countries.

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