Musk wants the Twitter trial pushed until 2023, so he has time to analyze spam data

Musk wants the Twitter trial pushed until 2023, so he has time to analyze spam data

Illustration by Elon Musk juggling three birds in the form of the Twitter logo.

Aurich Lawson | Photo by Jim Watson / AFP via Getty Images

Elon Musk called on the Delaware Court of Chancery to reject Twitter’s proposal for an expedited trial, saying he needed a long time to analyze Twitter’s spam account data. While Twitter’s proposal sought a four-day trial to be completed in September 2022, Musk’s trial said Friday that the trial would begin on or after February 13, 2023.

“Twitter has engaged in tactical delay for two months by resisting defendant’s requests for information … Twitter’s sudden request for distortion speed after two months of foot-dragging and concealment is the latest tactic to hide the truth about spam accounts long enough to drive defendants “Finally,” Musk says. Musk’s legal team claimed that “the core conflict over fake accounts and spam accounts is fundamental to Twitter’s value” and that resolving “these issues will require complex, technical discovery – including forensic review and analysis of large amounts of data”.

Twitter sued Musk on July 12, demanding that he complete the $ 44 billion deal he agreed to in April. Twitter’s proposal for a trial in September 2022 cited the contract’s “presumed drop-dead date of October 24, 2022 for the completion of the merger.”

“Proceedings are pending to ensure sufficient time for this court to provide effective relief and for Delaware’s Supreme Court to review this court’s decision,” Twitter wrote. “And a trial in September still gives the parties and this court more than two months to complete the discovery and briefing before the trial – a timeline that is appropriately tailored to the needs of this case and in accordance with accelerated schedules this court has ordered in similar cases. enforcement of mergers. ”

Musk disputes drop-dead date

Musk disputed the need to hold the trial before October 24. “Twitter’s bid for extreme expedition is based on the false assumption that the termination date in the merger agreement is October 24, without this date being became automatic if one of the parties files a lawsuit. By submitting his complaint, the plaintiff has made his presumed need for a trial in September, Musk’s proposal says.

The Merger Agreement states that if either Twitter or Musk sues to enforce the contract, “the termination date shall be automatically extended to (i) the twentieth (20th) business day after the decision of such action, case or matter or (ii) such other time period determined by the court leading such a case, lawsuit or process. “

Musk claimed that “the only relevant date for litigation to end” is the expiration date of the debt financing that supports the agreement, which is April 25, 2023. “Although Twitter has proposed a lawsuit within sixty days, this court has observed that it would be a” extraordinary achievement “to try a complex settlement agreement within five to six months. “Twitter’s request to compress the schedule to a fraction of that time is unlikely,” Musk’s proposal said.

The dispute “goes far beyond the significant complexity of a typical” busted deal “case, and implies complex computer science questions regarding the accuracy of Twitter’s revelations regarding the number of fake accounts and spam accounts, the Musk archive continued.” The actual overview of these representations will probably involve sifting through hundreds of billions of actions on Twitter and review of related sampling and control processes. Only the time it will take to load, process and analyze hundreds of terabytes of relevant data will exceed the plaintiff’s hasty schedule. “

Musk’s legal team estimated that the trial “will require at least 30-40 factual deposits, and at least 12 expert deposits in total.”

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