Elon Musk is under federal investigation for merger conduct, Twitter tells judge
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Elon Musk is being investigated over "conduct" related to his pending acquisition of Twitter, the company said in an October 6 court filing that was just made public yesterday. "Elon Musk is presently under investigation by federal authorities for his conduct in connection with the acquisition of Twitter," Twitter told Delaware Court of Chancery Judge Kathaleen McCormick.
Twitter's filing mostly describes its efforts to obtain documents related to the ongoing investigations. It says a privilege log produced by Musk's law firm refers to "drafts of a May 13 email to the SEC [Securities and Exchange Commission]" and "a slide presentation to the FTC [Federal Trade Commission]," but that "the final communications themselves were neither produced nor logged."
"Through counsel, he has exchanged substantive correspondence with those authorities concerning their investigations," Twitter wrote. "Twitter wants those documents, because they bear upon key issues in this litigation. Twitter requested the production of those documents months ago. But with trial just 11 days away, Defendants have still not produced them."