Jason Kint Profile picture
CEO DCN. Media strategy, streaming, antitrust, privacy. @wustl, Sporting News, CBS Sports alum. #HoldTheLine #IStandwithEvan #PressFreedom Hear more at @dcnorg

Feb 7, 2022, 10 tweets

In the parallel lawsuit vs Facebook due to its Cambridge Analytica cover-up, we just learned more in filings posted today as FB tries to shut down discovery and deposition ordered of Zuckerberg. FB included 4,200+ employees on messages they are claiming are privileged. lol. /1

If you're wondering about the highlighted name, it's the "equal partner" in the company that harvested the millions of records and sold them to Cambridge Analytica who was sketchily hired by Facebook in Nov 2015 as the Guardian reporter was closing in on the scandal. /2

Facebook's "privilege log" of everything they want to withhold from discovery was incredibly vague, generalizes groups and roles and clearly includes a lot of names and companies who according to decisions in other courts aren't privileged. Fairly absurd attempt to bury stuff. /3

Interesting, outside "consultants" which NdCal Court has already ruled aren't privileged since they weren't providing legal advice for this lawsuit but instead Zuckerberg announced to world were helping make sure the product was safe. What two firms helped with this effort? /4

Facebook filed just Friday in NdCal to seal names of FTI Consulting and Stroz Friedberg which had surfaced during a hearing but now we see them in public documents in DC Superior Court one day later. Outcast Agency is a "PR" firm Facebook has long used with ties to a16z, too. /5

There is also a doc the AG of DC office wants titled "Comms Source of Truth" which according to the motion had hundreds of people on it then later had outside counsel on it that Facebook now claimed to be privileged. The title and description of the doc are very interesting. /6

One name jumps out and that's a former journalist who in her now unsealed deposition said she was actually doing Strategic Communications directly for Sheryl Sandberg. Sandberg avoided testimony with Congress around this entire matter and likely was a key conduit of clean-up. /7

Basically Facebook is WAAAAY over-reaching in trying to suggest communications are privileged with people who aren't even attorneys or in the case of these two people they're lawyers who represent industry groups and I have no idea how they could also be working for FB, too. /8

And for your trivia, among the 4,200+ employees claimed on privileged communications, there is even one Senate Majority Leader's daughter. Keep you posted but between NdCal and DC Superior, things are moving much more quickly of late. I'll add the Sat. thread below this. /9

Anyway, here is the parallel case in NdCal which also moved over the weekend. /eof

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