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Elon Musk Will Sit For Deposition In Twitter Case Next Week

The deposition, which will take place behind closed doors at a law office in Delaware, may be extended into a third day if needed.

Elon Musk departs from federal court in Los Angeles, on Dec. 3, 2019.
Elon Musk departs from federal court in Los Angeles, on Dec. 3, 2019.

Elon Musk is scheduled to answer questions on Sept. 26 and 27 from Twitter Inc.’s lawyers on his contested $44 billion purchase of the company, according to a court filing. 

The deposition, which will take place behind closed doors at a law office in Wilmington, Delaware, may be extended into a third day if needed. 

Musk’s attorney, Alex Spiro, will have to sit for his own deposition on Sept. 25, according to a separate filing. Spiro may not have much to say in the pre-trial questioning, said Larry Hamermesh, a University of Pennsylvania law professor who specializes in corporate disputes.

“It’s very odd to have the lead litigator have to give a deposition in this M&A cases,” Hamermesh said in an interview Tuesday. “Legal privilege excludes him from talking about any aspect of the case, so it’s puzzling what topics they think they can explore with him.”

Musk backed away from his planned purchase of Twitter earlier this year, claiming the company hadn’t leveled with him about the number of spam and bot accounts among its more than 230 million users. Twitter says the concerns are a pretext to get out of a deal over which the world’s richest person began to experience buyer’s remorse, and it filed suit against him in Delaware Chancery Court.

The trial is scheduled to begin Oct. 17 and last five days. Dozens of individuals, banks and companies have been subpoenaed in the case. 

Read More: Jack Dorsey to Be Deposed in Twitter-Musk Lawsuit on Tuesday

(Updates with expert comment about lawyer being deposed starting in third paragraph)

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