Delaware Chancery Court Judge Kathaleen McCormick denied Elon Musk's request for a blanket waiver of Twitter, Inc.'s TWTR claim of attorney-client privilege as grounds for withholding documents.
The judge noted in the letter issued on Friday that Twitter has asserted attorney-client privilege over 7,220 documents and that Musk's legal team challenged the legitimacy of the claims and the validity of Twitter's privilege log.
Musk s team requested the 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 Google document comments and emails regarding business advice.
See also: Twitter wants to know if Elon Musk, Whistleblower 'Mudge had Previous links As Court Trial Draws Closer to the Court Trials.
McCormick asked the parties to address these issues during the Sept. 27 argument. She noted that she is considering an in-camera review of sampling documents withheld, and that she is considering whether such a review should be conducted by a third party appointed by the court.
Musk will be questioned under oath by Twitter on Monday and Tuesday, and the deposition will extend into Wednesday if necessary, according to a court filing last week.
The lawsuit to enforce Musk's $44 billion to buy Twitter will go for a five-day trial beginning on October 17.
According to the data from Benzinga Pro, Twitter closed Friday s session up 0.43% at $41.58, up 0.43%.