Twitter and Elon Musk sparred in court on Tuesday, each looking for proof to win a high-stakes trial next month over the billionaire’s quest to violate his buyout agreement.
Musk has been looking for evidence to back up his claim that Twitter misled regulators and investors about the percentage of accounts that are actually spam or software “bots,” as well as its key growth metrics.
Twitter, which has sued Musk to force him to complete the $44 billion buyout transaction, is looking for evidence or testimony to show that he is making up reasons to walk away because he changed his mind.
Musk’s deposition will take place privately in law offices ahead of a five-day trial scheduled on October 17 in Delaware’s Court of Chancery.
Musk, the world’s richest man, said in an April letter that he was canceling the deal because Twitter misled him about the number of bot accounts on its platform, which the company denied.
He later added allegations made in a whistleblower complaint by a former Twitter head of security to his list of reasons for pulling out of the deal.
Twitter has maintained its user-count estimate and portrayed the whistleblower as a “disgruntled former employee” whose claims are without merit.
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