Judge of Chancery Court in Delaware Kathleen McCormick rejected on Friday Elon Musk’s Application for a blanket waiver Twitter, Inc TWTR Claiming attorney-client privilege as a ground for withholding records.
The judge noted in the letter issued Friday that Twitter has asserted attorney-client privilege over 7,220 documents and that Musk’s legal team has questioned the legitimacy of the claims and the adequacy of the Twitter privilege log.
Musk’s team also requested the creation of 2,891 individual articles, including emails for which no attorney is present on the to/from/cc/bcc line, 11 email notifications for Google doc comments, and emails to business consulting.
McCormick urged the parties to address these issues during the Sept. 27 dispute. She also indicated that she was considering the possibility of an “in-camera review” of the retained sample documents and also whether such review should be conducted by a court-appointed third party.
It will be musk questioned under oath by Twitter on Monday and Tuesday and the deposit will extend through Wednesday if necessary, according to a court filing last week.
The lawsuit to enforce Musk’s $44 billion purchase of Twitter will begin for a five-day trial beginning Oct. 17.
According to Twitter, Friday’s session closed up 0.43% at $41.58 Benzinga Pro data.
Photo: Courtesy of Daniel Oberhaus on flickr
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