Facebook news - amended complaint filed to what I previously called "Mother of all lawsuits" - insider trading allegations tied to FB knowingly leaking data for $, paying $5B to cover it up, governance failure, etc. I'll add more context in 15 tweets and link to prior thread. /1
It includes maybe ten new paragraphs - many in insider trading and governance failure sections. Includes new heavily redacted details regarding Facebook's "board" setting up an alleged scapegoat "Special Committee" just in time to settle for $5 billion and protect Zuckerberg. /2
Reminder, the allegation is this was done to avoid Zuckerberg being deposed or having his communications subject to discovery. To end the SEC and FTC lawsuits. There is also new info on the settlement and how many orders of magnitude larger it was than prior settlements. /3
All sorts of board members bailed in that time period. The lawsuit claims it was in part due to "clashes with Zuckerberg." Again, the board, the committees, the special committee, everything pretending to hold Zuckerberg accountable is controlled by Zuckerberg. /4
Many of the allegations relate to people both benefiting and failing in their governance roles. eg it adds a # to Sheryl Sandberg's stock trades during the cover-up in the insider trading allegations allegations. It's a whopping $1.6 billion. /5
There is actually an entire list of defendants in the lawsuit categorized as the "Insider Trading Defendants." Narrator: it's generally good to avoid being labeled this way. /6
Also new is a bunch of detail on one of Zuckerberg's board members who is a partner at WilmerHale. That's insane to me since they represent Facebook in many of its most sensitive lawsuits, coached Zuckerberg when he testified and reportedly do a lotta influencing on Congress. /7
It also adds details on how Peter Thiel has benefited being on the board. When Facebook was opening its platform providing its incredibly valuable data to other companies, some of them were Thiel investments being given special access according to the allegations. /8
On that note. Reminder much of case dates back to Facebook's slowing growth ahead of IPO. They were "running out of humans" as Sam Lessin (yes, that one) noted to Zuckerberg in emails only to regain scale for advertisers by trading on their access to users' personal data. /9
As they opened up platform data, FB whitelisted and gave special access to apps which were categorized as "Mark's friends" and "Sheryl's friends" among others. It's hard to underplay the economic and relationship value of being on those lists. But no, they didn't *sell* data. /10
When Cambridge Analytica happened, leadership and PR flipped out on the word "breach." They likely did this because it didn't fit California's definition of a security breach which would require notification. Instead, the platform was leaking data by design for profits. /11
This is also new. Zuckerberg and Sandberg's admission of direct responsibility. I assume this is intended to set up why it would be wrong to simultaneously be responsible and also drive the decision to pay Billions to settle and protect their own liability from a cover-up. /12
A couple other random notes. Who knew Peter Thiel gets to decide how much Zuckerberg gets compensated? Sleep well my friends. /13
I also didn't know Papamiltiadis left just a couple months ago at the same time he was being named in these lawsuits. I betcha he has an interesting story to tell. /14
OK, that's all for now. Here is a link to my full thread from when this lawsuit was filed by very large pension funds after winning rights to inspect Facebook's books including actual messages between its board and leadership during the cover-up. /15 /eof
Woah. Sheryl Sandberg, former COO of Facebook, just sanctioned by Delaware judge for deleting emails ahead of trial this spring. This is the state pension shareholder case alleging the company overpaid the FTC and SEC in $5B+ settlements in order to protect Zuckerberg. /1
Long after the books had been inspected and many lawsuits had played out, it was disclosed last year she had a personal Gmail account under a pseudonym that may have been used for relevant communications. /2
The Judge here calls her a "high sophisticated individual." He probably doesn't know about the 2018 NYT report on how she carved out these issues in her Senate Intel testimony or how their lawyers were sanctioned on related discovery in California. /3
wow. This AI lawsuit against Facebook keeps getting worse as they reluctantly unseal documents on Court orders.
Check out this allegation. Not only two hrs before discovery cut-off but the Friday before we now know Mark Zuckerberg was deposed... /1
Here is the bit from the newly filed and now unsealed third amended complaint. Allegations here Facebook used torrenting to download a pirated dataset to train LLaMA thereby also "seeding" pirated content globally. This is a BFD. /2 storage.courtlistener.com/recap/gov.usco…
In fact, it can be criminal so this count is in the third amended complaint and the state attorney general (hello, @AGRobBonta) should note these allegations here. As it relates to this case, it may also break their privilege claims since it alleged to further a crime. /3
wow. Upon Court order, incriminating exhibits were unsealed at 3:30am in an AI lawsuit against Meta. Once past a 'fake privilege,' it appears Zuckerberg approved the use of a highly controversial, pirated dataset.
Note OpenAI, too? AI companies with no ethics or guardrails. /1
Here they acknowledge risk in media coverage, and massive EU fines, if "we have used a dataset we know to be pirated." So then you ask yourself the question, did they actually know it was pirated and use it? I uploaded docs - . /2 storage.courtlistener.com/recap/gov.usco…
To that question, here is how the internal project manager describes the dataset. Note the line (these are all my yellow highlights), "when sourced from copyrighted materials without the permission of copyright holders." /3
woah. This Friday? Too much moving on court dockets so I will surface for you. This matters, in this mega-Facebook case, as highly respected Chenault was Chairman of Facebook's board during its biggest scandals. WSJ reported he left board after disagreements with Zuckerberg. /1
Here is the report on his departure, it includes reports of disagreements with Peter Thiel, too, over elections policies and "clashes" over moderation policies.
Btw, highly relevant to the last 24hrs of news. /2 wsj.com/articles/chena…
Moving on, Zuckerberg has also been noticed for deposition after "alleged wrongdoing on a truly colossal scale." He was already deposed last month in Hawaii for 7hrs. I would expect SEC closely compares transcripts to their 2019 depo which @zamaan_qureshi managed to unseal. /3
Here is how NYT reported it in the complaint. Google and Facebook suggested it was misrepresented. Their proxies have misled public into thinking it was dismissed from lawsuit despite Google's CEO being deposed about it only months ago. /3 nytimes.com/2021/01/17/tec…
woah. ~300 redacted summary judgment google exhibits posted in TX. I've uploaded all. most eye-popping - we finally get Google-Facebook contract (aka Jedi Blue) alleged as bid rigging (yes, press was misled, it's still part of the claims). /1
If you need a definition for Match Rate, Google and Facebook include it with example of using the "encrypted blob" on mobile, feels very much like a fingerprint y'all. Here is the full contract, don't sleep on section dealing with monopoly enforcement. /2 storage.courtlistener.com/recap/gov.usco…
There are a ton of new exhibits from discovery with similar themes of Google secretly using projects to manipulate its black box auctions. "The first rule of Bernanke is we don't talk about Bernanke." /3