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by jhonof 832 days ago
In the exact case above, you would have to prove intentional deceit (which is quite difficult to do) and even then that isn't actually illegal on its face a lot of the time in non publically traded companies. Further, the timeline isn't as compressed as your comment suggests, if the bread focused bakery pivoted to pastries 4-5 years after you sold your stake in it I do not agree that you would be entitled to damages at all, businesses can and should be allowed to pivot. Selling stock under the impression that a company wouldn't go in a direction you expect, is a normal part of investment and there is nothing wrong with it, people make bad bets all the time.
1 comments

IANAL but I don't think that intentional deceit is necessary to prove Musk's case, negligent misrepresentation might suffice. And I agree that the judge ultimately has to rule whether or not the time-period between the ousting and pivot is reasonable; this decision would probably be based on precedence, the specifics of the case and the judges opinions.

However, please remember your comment which is the root of this discussion: > The (imo) shakier part of the argument is that he is entitled to damages even though he doesn't own shares in the company.

I was never arguing that Musk is entitled to damages. I am merely arguing that it is possible to not own the shares of a company and be entitled to damages.