Pivot
Pivot

Twitter and Elon Head to Court, The Uber Files, and Guest Mark Leibovich

Kara and Scott discuss Elon Musk and Twitter gearing up for a court battle, the initial revelations from The Uber Files, and Klarna’s slashed valuation. They also debate the ethics of a liberal group offering bounties for Supreme Court Justice sightings. Then, they’re joined by Friend of Pivot Mark

Featured Speakers

NY Mag HostMark Leibovich Guest

Topics Discussed

Episode Summary

Executive Summary: Pivot ranges from the hosts’ personal banter and Elon Musk’s block of Scott Galloway to serious analysis of the Twitter breakup battle, VCs and private-market froth, abortion protest tactics outside Supreme Court justices’ lives, Theranos fraud accountability, Uber’s aggressive Kalanick-era tactics, and an interview with Mark Leibovich on Trump’s enablers and the culture of cowardice and shamelessness in politics and business.

Main Topics: Elon Musk vs. Twitter legal showdown (Priority: 5/5): The hosts debate whether Twitter should force Musk to complete the $44 billion deal or settle. Kara argues the board wants him gone and may settle; Scott argues discovery will expose Musk’s misrepresentations and the board should fight harder. VC reckoning and private-market reset (Priority: 5/5): They discuss Klarna’s collapse in valuation and broader blowback in venture capital, arguing that 2021-era froth has left many funds underwater and exposed how little value most VCs add beyond capital and brand. Protests, doxxing, and Supreme Court justices (Priority: 4/5): The hosts weigh a D.C. group offering money for sightings of justices. They support protest rights but worry bounties become dangerous, privacy-invasive, and potentially incite violence, especially after Dobbs. Theranos accountability and elite impunity (Priority: 4/5): Balwani’s conviction prompts a discussion of how powerful investors and board members determine who faces real legal consequences. They contrast Theranos with Adam Neumann and emphasize that wealthy backers shape enforcement. Uber Files and Travis Kalanick’s culture (Priority: 4/5): The Guardian’s Uber Files reveal covert tactics, political influence, and a ruthless internal culture. The hosts say little of this is surprising, but it reinforces Uber’s history of aggressive boundary-pushing and toxicity. Mark Leibovich on Trump’s enablers (Priority: 5/5): Leibovich argues that Republican leaders know Trump is dangerous but enable him out of fear, weakness, and hunger for proximity to power. He identifies Kevin McCarthy as the chief enabler and discusses the broader culture of shamelessness.

Key Arguments: Twitter’s board has legal leverage and may use discovery to prove Musk acted in bad faith, making a settlement less likely than some expect. Kara believes the board’s real incentive is to get Musk away from the company, even if that means a negotiated exit and not a dramatic courtroom fight. Scott argues the Twitter litigation will be more damaging to Musk than to Twitter because discovery could expose lies, manipulation, and bad-faith conduct. VCs add limited operational value after financing closes; their main contribution is certification/brand, not day-to-day company improvement. The current downturn is a necessary correction after overheated 2021 valuations, and many recent funds are likely underwater. Protesting public officials is legitimate, but bounties for sightings blur into doxxing and could incite harassment or violence. Justice Barrett and other justices may deserve protests but should still have some right to private life and physical safety when they have not broken the law. Theranos shows that legal consequences often depend on who is angry enough and powerful enough to pursue them, not just on wrongdoing alone. Uber’s Kalanick-era aggression crossed ethical lines repeatedly, but the company’s behavior reflects the extreme pressure and brutality common in hyper-competitive startups. Trump’s enablers know better privately; they stay because they fear irrelevance, crave power, and believe shamelessness works. The January 6 committee’s focused, video-driven format is an effective template and has meaningfully shifted public understanding. A viable Democratic alternative to Biden may be needed because of his age and weak approval, but no clear successor has emerged. The culture of political and business elites often rewards abuse, loyalty signaling, and lack of shame more than competence or ethics.

Data Points: Klarna valuation drop: around $7 billion - The company’s valuation after a difficult funding round Klarna prior valuation: $46 billion - Just over a year before the funding round Klarna decline: 85% down - Valuation decline from prior peak U.S. BNPL competitor decline: almost 90% down - From a November high Bounty for justices’ sighting: $50 - ShutDownDC offer for reporting a Supreme Court justice sighting Bounty if justice remains 30 minutes: $200 - Additional payment offered by the advocacy group Potential total bounty: up to $250 - Combined payment for a sighting plus 30-minute confirmation Theranos convictions: 12 counts of fraud - Sunny Balwani was found guilty on 12 counts Possible prison term: 20 years - Both Holmes and Balwani faced potential sentences Twitter deal value: $44 billion - The acquisition Musk is trying to exit Twitter reported pre-market stock drop: as much as 7.8% - Trading reaction to the legal fight news Twitter breakup fee: $1 billion - Potential fee discussed if Musk exits the deal Investments underwater: two-thirds (conservative estimate) - Scott’s estimate of 2021 venture investments now worth far less Republican voters preferring alternative to Biden: 64% - A poll cited during the discussion Biden approval rating mentioned: 33% - Referenced as his current approval level Time until notable post-investment VC underperformance: 2021 vintage - Scott’s point that recent funds face the worst damage Reported number of journalists involved in Uber follow-ups: more than 180 - International Consortium of Investigative Journalists follow-on reporting Media outlets involved in Uber Files reporting: 40 - Outlets participating in the investigative series

Pivotal Quotes: "shamelessness remains a superpower" — Mark Leibovich: On why Trump and similar figures succeed in politics and business "we have no plan about how to deal with this guy going forward ... Our only plan is just sitting around waiting for him to die" — Republican congressman quoted by Mark Leibovich: Describing how some Republicans view Trump privately "If there's a legal behavior, I think the company should still be subject to that scrutiny" — Scott Galloway: On the Uber Files and where aggressive startup conduct crosses into illegality

Implications: Expect more scrutiny of powerful founders, VCs, and politicians. The episode argues that legal, reputational, and governance systems are finally catching up to frothy markets and shameless actors, but accountability still depends on who is willing to enforce it.

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About Pivot

With great power, comes great scrutiny. Every Tuesday and Friday, journalist Kara Swisher and NYU Professor Scott Galloway offer sharp, unfiltered insights into the biggest stories in tech, business, and politics. They make bold predictions, pick winners and losers, and bicker and banter like no one else. From New York Magazine and the Vox Media Podcast Network.

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