Elon Musk can count on the whistleblower on Twitter, but he can't push the trial date back

A Delaware judge will allow Elon Musk to include new information from Twitter whistleblower Petar Zatko in his counter suit against the company. Zatko, a respected security expert known by the nickname “Mudge,” was previously Twitter’s head of security and raised concerns about security and privacy practices in a recent whistleblower complaint.

Delaware Chancellor of the Exchequer Kathleen McCormick issued a ruling on Wednesday that would allow Musk to amend his counterclaim with details that appeared in Zatko’s whistleblowing complaint filed with the SEC in July. McCormick added that Musk would only be allowed “progressive disclosure related to the new allegations” and that could include “targeted discovery of documents and minimal additional expert and fact witnesses.”

Twitter objected to allowing Musk to amend its claims with Zatko’s, but the judge noted that such amendments are generally allowed. Twitter CEO Parag Agrawal refused the accuracy of Zatko’s claims in an internal memo last month, which said the whistleblower complaint pushed “a false narrative that is full of inconsistencies and inaccuracies and presented without important context.”

While Musk works his way through the matter, McCormick has rejected a simultaneous request from his legal team to delay the trial, which is scheduled to begin on October 17. Musk’s team wanted to delay the process by a month, until mid-November.

“In arguing that the trial should be delayed by at least four weeks, Defendants argue that no extrinsic deadline creates any urgency… But the opposite is true,” McCormick wrote. “I previously rejected the defendants’ arguments in response to Twitter’s motion to expedite, making clear that the longer the delay until trial, the greater the risk of irreparable harm to Twitter.”

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