Elon Musk has fired back at Twitter in court by issuing a subpoena for the Big Tech company’s former CEO Jack Dorsey.
The move from the Tesla CEO comes ahead of their October 17th trial date in the Delaware Court of Chancery over Musk’s attempt to terminate his $44 billion agreement to buy the company.
Musk’s legal team issued a subpoena for evidence from Dorsey, who left the company last year but retained a seat on the board of directors.
Musk has been fighting over the number of fake accounts on the platform and is disputing Twitter’s numbers and its methodology.
Before he can proceed with the sale, he argues he needs to know the truth behind the fake accounts.
Musk recently sold billions in Tesla stock in case the judge orders him to proceed with the purchase.
The subpoena lists what information Dorsey is being asked for:
“Documents and Communications regarding the Merger and the transaction contemplated by the Merger, the Merger Agreement, any potential acquisition or transaction between Defendants and Twitter, Defendants’ potential or actual acquisition of shares of Twitter common stock, Defendants’ potential membership on the Twitter Board, and Documents and Communications otherwise regarding Twitter and any of Defendants.
“Documents and Communications reflecting, referring to, or relating to the impact or effect of false or spam accounts on Twitter’s business and operations.
“Documents and Communications reflecting, referring to, or relating to Twitter’s use of mDAU as a ‘Key Metric,’ as noted in Twitter’s SEC filings, including Documents and Communications reflecting, referring to, or relating to the relationship between mDAU and Twitter’s present or future revenue or EBITDA.
“Documents and Communications reflecting, referring to, or relating to Twitter’s use of any other user metric other than mDAU, including but not limited to, daily active users, monthly active users, daily user engagement, monthly user engagement, or advertisement engagements.
“Documents and Communications describing any process or workflow, other than the mDAU Audit and the suspension workflow, that Twitter uses, has used, or has discussed or considered using to detect and label accounts as spam or false.
“Documents reflecting business plans or analyses for achieving mDAU targets.
“Documents and Communications relating to incorporating mDAU into executive or director compensation, including but not limited to any annual compensation targets, bonus pools, incentive plans, or performance-based restricted stock units,” the subpoena says.
— Jon Nicosia (@NewsPolitics) August 22, 2022