Elon Musk will be allowed to amend his countersuit against Twitter to include a whistleblower’s complaint about spam and bot mismanagement.
Delaware Chancery Judge Kathaleen St. J. McCormick said that Musk can incorporate the whistleblower complaint brought forward by the social media company’s former head of security, Peiter Zatko, into his defense against Twitter’s (ticker: TWTR ) lawsuit, The Wall Street Journal reported.
Twitter’s suit is seeking to make Musk follow through on his deal to acquire the company for $44 billion. Musk, the chief executive of Tesla (TSLA), has backpedaled on the deal, alleging the company has failed to accurately disclose the number of daily active users, undercounting the prevalence of bots on the platform.
Zatko’s complaint alleged the company deceived the board and federal authorities about its vulnerabilities to hackers and spam-fighting efforts.
In addition to the ruling on the whistleblower complaint, the judge denied Musk’s request to push back to trial to November from Oct. 17.
McCormick made the ruling after a hearing on Tuesday in which both parties made oral arguments on whether Zatko’s complaint could be allowed in the suit. Legal experts believe the allegations could bolster Musk’s case, but say it is still too early to determine whether it will make it more or less likely that Musk will get out of the deal.
Twitter shares were rising 4.3% to $40.32.