But Twitter said that the number was provided on a best effort basis, so you don’t need to prove the number was wrong. rather, you need to prove that Twitter tried to lie. Unless there’s an internal email saying “I’m making up the number 5% because we know it’s higher but we don’t want to write that,” it doesn’t matter at all. If such an email existed, Twitter wouldn’t be fighting the back-out because revealing that email would mean damages for existing shareholders.