As Twitter and Elon Musk put together for his or her October seventeenth trial date within the Delaware Court docket of Chancery to argue over his try to interrupt their $44 billion acquisition settlement, Musk’s authorized crew submitted a subpoena for proof from a well-known face: former Twitter CEO Jack Dorsey.
Dorsey stepped down as Twitter CEO for the second time final November and handed management of the corporate he helped create to Parag Agrawal. He’s operating Sq. and Block and, reportedly, egging on Musk’s try to purchase Twitter in non-public messages.
It’s robust to say what data Dorsey has that Musk couldn’t get hold of by simply texting him! However with billions of {dollars} on the road, Musk’s authorized crew is casting out all traces to help his (weak) argument the corporate isn’t telling the reality about measurements of bots and spam among the many every day energetic customers on its platform. The subpoena lists what data Dorsey is being requested for:
1. Paperwork and Communications concerning the Merger and the transaction contemplated by the Merger, the Merger Settlement, any potential acquisition or transaction between Defendants and Twitter, Defendants’ potential or precise acquisition of shares of Twitter widespread inventory, Defendants’ potential membership on the Twitter Board, and Paperwork and Communications in any other case concerning Twitter and any of Defendants.
2. Paperwork and Communications reflecting, referring to, or referring to the influence or impact of false or spam accounts on Twitter’s enterprise and operations.
3. Paperwork and Communications reflecting, referring to, or referring to Twitter’s use of mDAU as a “Key Metric,” as famous in Twitter’s SEC filings, together with Paperwork and Communications reflecting, referring to, or referring to the connection between mDAU and Twitter’s current or future income or EBITDA.
4. Paperwork and Communications reflecting, referring to, or referring to Twitter’s use of another consumer metric aside from mDAU, together with however not restricted to, every day energetic customers, month-to-month energetic customers, every day consumer engagement, month-to-month consumer engagement, or commercial engagements.
5. Paperwork and Communications describing any course of or workflow, aside from the mDAU Audit and the suspension workflow, that Twitter makes use of, has used, or has mentioned or thought of utilizing to detect and label accounts as spam or false.
6. Paperwork reflecting enterprise plans or analyses for reaching mDAU targets.
7. Paperwork and Communications referring to incorporating mDAU into government or director compensation, together with however not restricted to any annual compensation targets, bonus swimming pools, incentive plans, or performance-based restricted inventory models.
A latest ruling by Choose Kathaleen McCormick additionally gave Musk’s crew entry to data from the previous Twitter head of product Kayvon Beykpour, and in a separate submitting at this time, Musk’s crew subpoenaed the opposite Twitter exec Agrawal fired on the identical day as Beykpour, Bruce Falck.
