Ahead of Elon Musk’s deposition, judge denies his legal team’s request to waive Twitter’s privilege over documents

SpaceX founder Elon Musk at a joint T-Mobile and SpaceX event in Boca Chica Beach, Texas on Aug. 25, 2022. (Michael Gonzalez/Getty Images)

On Friday, Delaware Chancery Court Judge Kathaleen McCormick denied Elon Musk’s request for a blanket waiver of Twitter Inc.’s attorney-client confidentiality claim as grounds for withholding documents.

The judge noted in the letter released Friday that Twitter asserted attorney-client privilege over 7,220 documents and that Musk’s legal team disputed the legitimacy of the claims and the adequacy of Twitter’s privilege log.

Musk’s team also requested production of 2,891 discrete items, including emails for which no attorney is present on the to/from/cc/bcc line, 11 email notifications for comments Google docs and emails regarding business advice.

McCormick asked the parties to address these issues during oral argument on September 27. She also noted that she was considering the possibility of a “closed-door review” of the sample documents withheld, and also whether such a review should be conducted by a court-appointed third party.

Musk will be questioned under oath by Twitter on Monday and Tuesday and the deposition will extend through Wednesday, if necessary, according to a court filing.

The lawsuit to assert Musk’s $44 billion to buy Twitter will go to a five-day trial, starting Oct. 17.

By Shanthi Rexaline

© 2022 The Epoch Times. The Epoch Times does not provide investment advice. All rights reserved.



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