Elon Musk has subpoenaed former Twitter CEO Jack Dorsey as part of his effort to fight a lawsuit by the company trying to force the billionaire to go ahead with its $44 billion takeover deal.
With the subpoena, made public in court documents on Monday, Musk’s legal team seeks a wide range of information from Dorsey, who stepped down as Twitter’s CEO last November and remained on the board until the end of May, a month after the company agreed to sell to Tesla’s CEO.
Musk’s legal team is requesting all documents and communications regarding the merger agreement, as well as those “reflecting, referring to or relating to the impact or effect of fake or spam accounts on Twitter’s business and operations”.
Musk is trying to back out of the proposed $44 billion merger deal after accusing the company of misrepresenting the number of bot and spam accounts on the platform. Twitter accused Musk of using the bots as an excuse to get out of the deal after market conditions changed.
As part of the subpoena, Musk’s legal team is also seeking documents and communications related to Twitter’s use of monetizable daily active users (mDAU) “as a ‘key metric,’ as noted in Twitter’s SEC filings.”
In a previous response to Twitter’s lawsuit, Elon Musk criticized the company’s use of the metric, claiming that its reviews show that only a small portion of users that Twitter consider mDAU actually generate significant revenue for the company from viewing and interacting with adverts. He also claimed that the measure is not really as good an indicator of future performance as Twitter’s public records suggest.
The subpoena to Dorsey, one of several issued by Elon Musk’s team and disclosed in court documents on Monday, is the latest indication that the legal battle between the two parties is heating up.
It’s worth noting that Twitter had already subpoenaed several of Musk’s associates, according to court documents and public statements. The list includes several prominent investment firms and venture capitalists, some of whom are part of the so-called PayPal mafia, a group of influential tech industry figures who worked at the payments company co-founded by Elon Musk.
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