Twitter to interview Elon Musk, identified for combative testimony By Reuters

By Tom Hals

WILMINGTON, Del. (Reuters) -Billionaire Elon Musk’s tendency to dish out insults whereas being questioned below oath will probably be examined anew this week, when legal professionals for Twitter Inc (NYSE:) are anticipated to interview the Tesla (NASDAQ:) Inc CEO about his abrupt determination in July to ditch his $44 billion deal for the social media firm.

Testifying in previous authorized battles, the world’s richest individual has known as opposing attorneys “reprehensible,” questioned their happiness and accused them of “extortion.” He requested one legal professional if he was engaged on a contingency as a result of the lawyer’s consumer was allegedly behind on little one help funds.

“So in all probability you are on a contingency otherwise you’re taking that child’s cash. Which is it?” Musk requested a lawyer for a whistleblower in a case in opposition to Tesla, in response to a transcript of the 2020 deposition.

The high-stakes Twitter interview is closed to the general public. A court docket submitting final week mentioned the Musk deposition was scheduled to start on Monday and run into Wednesday, if wanted. Sources with information of the deposition mentioned Musk was not questioned on Monday and they didn’t know what day it could start nor did they provide a purpose for the delay.

Musk’s legal professionals will need to hold him targeted on answering questions, however that may be a problem with such a sensible and opinionated witness, mentioned James Morsch, a company litigator who is just not concerned within the court docket battle.

“I’d evaluate it to attempting to carry a tiger by his tail,” Morsch mentioned.

In a 2019 deposition in litigation over Tesla’s takeover of solar-panel maker SolarCity, Musk refused 5 instances to reply one of many preliminary questions due to the way in which it was worded, the transcript exhibits.

“We are able to stare at one another till you rephrase it,” Musk informed opposing legal professional Randall Baron, in response to a transcript.

“I am going to guess we’ll simply cancel this deposition,” Baron responded. Baron prompt that he would search an order from the decide directing Musk to reply questions, which appeared to get issues transferring.

Twitter declined to remark and Musk’s authorized staff didn’t instantly reply to a request for remark.

Twitter’s attorneys are anticipated to make use of the interview to attempt to present that Musk deserted the deal on account of falling monetary markets and never as a result of the corporate misled him about the true variety of customers or hid safety flaws, as he alleged.

Musk needs a decide to permit him to stroll away with out penalty, whereas Twitter needs an order forcing him to purchase the corporate for $54.20 per share. Twitter’s inventory ended up 0.4% at $41.58 on Friday.

A five-day trial is scheduled to start on Oct. 17 in Wilmington, Delaware.

Dozens of depositions are scheduled within the case, together with of Twitter CEO Parag Agrawal, as both sides questions witnesses and gathers proof to make its case.

Agrawal was scheduled to reply questions from Musk’s legal professionals at a regulation agency in San Francisco beginning at 9 a.m. native time on Monday, in response to a court docket submitting, though sources mentioned that deposition was additionally postponed and didn’t give a purpose.

Twitter co-founder and former Twitter CEO Jack Dorsey was scheduled to be deposed final week.

WHAT IS THE WHOLE TRUTH

Musk at instances has proven in his depositions the appeal and wit he deploys on Twitter, the place he has constructed a cult-like following.

The Twitter deposition environment could possibly be particularly fraught. Its authorized staff consists of the agency of Wachtell, Lipton, Rosen & Katz, and the primary lawyer on the case, Invoice Savitt, initially represented Musk and Tesla within the SolarCity deal, though not throughout discovery and depositions within the litigation.

Savitt didn’t reply to a request for remark.

Twitter can be represented by Wilson Sonsini Goodrich & Rosati.

A continuing within the three depositions reviewed by Reuters is Musk’s dislike of attorneys representing the opposing aspect, who he accuses of “trickery” and pursuing him merely for cash.

“I heard yesterday that 3% of the U.S. financial system is authorized companies. That is one of many saddest information I’ve heard in a very long time,” Musk mentioned to Baron, the lawyer within the SolarCity deposition.

The deposition within the litigation with the Tesla whistleblower, Martin Tripp, who accused the corporate of losing uncooked supplies, started with Musk being requested if he understood the oath he took to testify honestly.

“This feels like some form of legalese, semantic argument. The — what’s the entire reality of one thing?” requested Musk, in response to the transcript. “You say, ‘Is {that a} tree? What sort of tree is it? Is it a tree with a lot of leaves?’ Or is — in case you’re saying one thing is a tree is the entire reality? No, in fact not.”

Tripp’s legal professional reminded Musk that the decide warned he would oversee the deposition in individual if questions weren’t answered correctly.

“Do you plan to adjust to the decide’s admonition there?” requested legal professional William Fishbach.

“In fact,” Musk mentioned.