As Elon Musk and Twitter barrel toward their trial in Delaware Chancery Court in October, Silicon Valley’s biggest actors — including Twitter’s former security chief, Peiter Zatko — have found themselves at the center of a subpoena frenzy.
Mr. Musk’s lawyers disclosed in a court filing Monday that they had subpoenaed Mr. Zatko, signaling that Mr. Musk may try to use Mr. Zatko’s accusations of false statements and security shortcomings at Twitter as part of his attempt to break an agreement he made to buy the social media company for $44 billion.
Mr. Zatko, who goes by the nickname Mudge in the security community, said in a whistle-blower complaint to regulatory agencies and the Justice Department that Twitter had misled the public, and Mr. Musk, about its security practices. Twitter’s executives strongly rejected the claims, which came to light last week.
The trial puts the case on a breakneck timeline, compressing legal work that might normally stretch for years into just three months. With so much money on the line, both sides have demonstrated a willingness to spend on Hail Mary subpoenas, rather than targeting their requests to just a few insiders.
Mr. Zatko has accused Twitter of years of “material misrepresentation and omissions” about security and privacy protections built into its platform. Mr. Musk’s adoption of Mr. Zatko’s claims could represent a turning point in the litigation over the deal.
