Musk walked away from a $44-billion offer for Twitter in July
saying the company misled him and regulators about the true
number of spam or bot accounts on the microblogging platform.
According to a court filing on Monday, Musk has sought
information from whistleblower and former head of Twitter's
security Peiter Zatko mostly about the way the microblogging
site measures spam account.
A famed hacker known as "Mudge," Zatko said in his complaint
that became public last week that the company falsely claimed it
had a solid security plan and prioritized user growth over
reducing spam.
Following the disclosure, Musk's legal team said allegations on
certain facts, which were known to Twitter prior to July 8 but
were not disclosed to them, have come to light that provide
additional and distinct bases to end the deal.
The subpoena to Zatko comes in the run-up to a five-day trial at
the Delaware Court of Chancery set to begin on Oct. 17.
While Musk wants to terminate the deal, Twitter is asking
Chancellor Kathaleen McCormick to order him to buy it for the
agreed $54.20 per share.
Meanwhile, an additional termination notice dated Aug. 29 was
delivered in case the July 8 notice was determined to be invalid
for any reason, according to a regulatory filing by Musk on
Tuesday.
Twitter shares were down 2.5% at $39.02 before the bell.
(Reporting by Ankur Banerjee in Bengaluru; Editing by Arun
Koyyur)
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