Elon Musk submits subpoena to Jack Dorsey

News in brief

In advance of Elon Musk and Twitter’s October 17 trial over Musk’s attempt to back out of his deal to buy the social media platform, lawyers for Musk have subpoenaed former Twitter CEO Jack Dorsey.

The subpoena asks for Dorsey to provide the following list of documents:

• Documents and Communications regarding the Merger and the transaction contemplated by the Merger, the Merger Agreement, any potential acquisition or transaction between Defendants and Twitter, Defendants’ potential or actual acquisition of shares of Twitter common stock, Defendants’ potential membership on the Twitter Board, and Documents and Communications otherwise regarding Twitter and any of Defendants.
• Documents and Communications reflecting, referring to, or relating to the impact or effect of false or spam accounts on Twitter’s business and operations.
• Documents and Communications reflecting, referring to, or relating to Twitter’s use of mDAU as a “Key Metric,” as noted in Twitter’s SEC filings, including Documents and Communications reflecting, referring to, or relating to the relationship between mDAU and Twitter’s present or future revenue or EBITDA. and Communications reflecting, referring to, or relating to Twitter’s use of mDAU as a “Key Metric,” as noted in Twitter’s SEC filings, including Documents and Communications reflecting, referring to, or relating to the relationship betweenmDAU and Twitter’s present or future revenue or EBITDA.
• Documents and Communications reflecting, referring to, or relating to Twitter’s use of any other user metric other than mDAU, including but not limited to, daily active users, monthly active users, daily user engagement, monthly user engagement, or advertisement engagements.
• Documents and Communications describing any process or workflow, other than the mDAU Audit and the suspension workflow, that Twitter uses, has used, or has discussed or considered using to detect and label accounts as spam or false.
• Documents reflecting business plans or analyses for achieving mDAU targets.
• Documents and Communications relating to incorporating mDAU into executive or director compensation, including but not limited to any annual compensation targets, bonus pools, incentive plans, or performance-based restricted stock units.