Twitter Inc and Elon Musk, who are suing one other over the world’s richest person’s attempt to leave their $44 billion merger, couldn’t even agree on how much information the public should be given about their conflict.
The presiding judge, Delaware Chancery Court Chancellor Kathleen McCormick, ordered on Wednesday that Musk’s countersuit must be made public by the afternoon of August 5, two days later than Musk had requested.
According to a person familiar with but not allowed to discuss the matter, Musk’s countersuit could be released as soon as Thursday.
McCormick ruled after San Francisco-based Twitter accused Musk of attempting to release his 163-page countersuit on Wednesday without allowing it to redact, or black out, secret company information.
Musk’s attorneys responded hours later, accusing Twitter of attempting to hide “the side of the tale it does not want publicly acknowledged” and undermining the public’s First Amendment constitutional right to know what both sides are talking about.
Twitter said it received a copy of the countersuit on July 29 and was given five business days to work on redactions under court procedures. Musk stated that three business days were adequate.
The argument emphasises the rift between Twitter and Musk, who also serves as CEO of Tesla Inc.
Musk agreed to buy Twitter on April 25, but wanted to back out on July 8 without paying a $1 billion breakup fee, alleging Twitter’s refusal to give facts concerning the number of bot and spam accounts.
Four days later, Twitter sued him, accusing him of sabotaging the merger because it no longer served his interests and demanding that he complete the deal.
The trial is set on October 17. This week, Twitter issued dozens of subpoenas to banks, investors, and legal firms that backed Musk’s bid, while Musk issued subpoenas to Goldman Sachs and JPMorgan.
Musk has offered to buy Twitter for $54.20 per share, claiming that it could become a global forum for free expression.
On Wednesday, Twitter’s stock closed 2 cents higher at $41.00.