Elon Musk is embroiled in a legal fight with Twitter after he announced plans to pull out of a deal to buy the social media company. Photo / Herald montage, AP and Getty Images
Elon Musk has subpoenaed Twitter co-founder Jack Dorsey for his communications with the social media site's executives regarding the prevalence of fake or bot accounts on the platform.
The filing on Monday comes as part of Musk's legal fight to back out of his $44bn (NZ$71b) deal to buy thecompany, primarily over what the Tesla chief executive contends was a misrepresentation over the number of Twitter's active users.
Dorsey, who stepped down as Twitter chief executive in November, was an enthusiastic backer of Musk's dramatic takeover offer.
In April he described Musk as "the singular solution I trust" to solve Twitter's problems, adding: "I trust his mission to extend the light of consciousness."
Monday's filing asks for any communication between Dorsey and his executives since January 1 2019 that may be relevant to "the impact or effect of false or spam accounts on Twitter's business and operations".
It seeks discussions and records over the use of "mDAU" — monthly daily active users — as a metric for measuring Twitter's user base. It also asks for documents or communications surrounding the Musk deal, the possibility he might join Twitter's board and his stake in the company.
The demand is the latest effort, from both sides, to gather morsels of information from dozens of people regarding the deal as the matter heads to a trial in the Delaware Court of Chancery. It is expected to begin on October 17 and last five days.
Last week, the judge in the case, Kathleen McCormick, ordered Twitter to produce files from Kayvon Beykpour, a former senior executive who was dismissed by Twitter's current chief, Parag Agrawal, in May.
Beykpour, the former head of product, could provide more insight into the company's userbase and its attempts to expand it. Earlier this month, Musk offered his own estimate at the number of fake or bot users, saying they made up at least 10 per cent of all users, compared to the less than 5 per cent Twitter has repeatedly claimed.
Twitter called Musk's independent estimate "factually inaccurate, legally insufficient, and commercially irrelevant".
In August, Musk subpoenaed Goldman Sachs and JPMorgan Chase for details on how the two Wall Street banks advised Twitter on the contentious deal.
Twitter has also cast a wide net in gathering information, sending subpoenas to influential groups and figures in Musk's orbit, including Peter Thiel's Founders Fund and investors David Sacks and Marc Andreessen.
A lawyer representing Musk on Monday declined to offer further comment on the latest filing. A Twitter spokesperson declined to comment.