"I know how to make this go away, let's accept his offer, pass him a spliff, and say 'wouldn't it be hilarious to do the deal without due diligence?'"
[unanimous laughter]
In all seriousness, I'm really hoping that Twitter takes Musk down a notch here, and most of the legal maneuvering has filled me with childish glee. Until today, that is. If the twitter board was aware of this, I'm not sure that even signing away diligence would get them off the hook. I'm not a lawyer, so I'm not really sure what to think here
The corporate secretary always as a fiduciary responsibility to record in written form what was discussed at a board meeting.
Human beings on juries (or judges) decide these things. If you promise to sell someone a car and don't disclose that a raccoon is living in the seat cushion, it doesn't really matter what you made them sign, you're at risk of an adverse judgement.