Twitter’s and Musk’s legal teams met on a Zoom call on Tuesday, in which they each presented a case for their preferred trial date. While Twitter requested a trial in September to reach the goal expeditiously, Musk’s legal team requested a full trial in February 2023 to allow both parties to engage in the complete process of discovery. Delaware Chancellor Kathaleen McCormick decided to schedule a five-day trial in October, giving both parties more than two months to prepare to make their case over whether a breach of contract or the actual number of accounts on Twitter will be the trial’s focus.
“Nothing in the merger agreement is contingent in any way at all on bots, false accounts, or anything [of the like]. It isn’t what the merger agreement is about, so it isn’t what this case will be about,” said Twitter’s lawyers in an opening statement, according to the Chancery Daily.
Twitter argued that a 60-75 day window for such a trial is common in the Chancery Court of Delaware. It also noted that, while Musk claims that Twitter has lied about its data, the company has regularly stated in the past that its process and figures may be “flawed” and that the billionaire’s legal team cannot prove or disprove Twitter’s claims. Twitter’s lawyers also focused on the need to resolve Musk’s decision to breach the merger agreement between the two organizations and argued that any claims about Twitter’s data are irrelevant to the court’s proceedings.
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