I consider the lawsuit an empty threat until it is actually filed.
When that happens, Microsoft would only have to:
Counter Sue.
Request the court to impose an undertaking (deposit) equal to the expected outcome of Microsoft prevailing, before allowing the suit to continue.
Request the court impose that all of Twitter’s active litigation (payroll, severance pay, property leases, unpaid taxes) be concluded or undertook (deposits on expected adverse outcomes) before the start of the trial.
I think this is key. His perspective of Twitter was from the perspective of a user, and as a user he wanted to change the user experience to fit his needs and to do what he wanted it to do. He didn’t think about the business, the potential of the network or have any vision. He threw a tantrum and expressed it in his special, silver emerald spoon way of “You won’t let me do that?! I could BUY you you know!” and for once was legally required to put his money where his big mouth is.
Microsoft’s army of lawyers is currently busy trying to acquire Activision for 69 billion dollars, but I am sure that they can send a few battalions to counter Musk.
Meh. He’s just some rich kid born on third base who think he hit a home run.
If you look at his career, he’s been sacked from every job he’s had where there were other people in authority over him.
There are plenty of stories around about how Tesla have a team of people who manage him so he doesn’t break things too badly.
Once you pass a certain wealth threshold success is almost purely unrelated to your talents. His major creditors can’t risk calling the loans, because they represent a large enough amount to mess with their own balance sheets and leverage. As long as his burn rate is low enough to stay below the threshold where it hurts them less to ignore the problem, they will.