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
OK all ye people depressed Judge Mehta didn't order Google broken into bits this week. I'm here to cheer you up. DOJ has its other remedies trial in 16 days and just posted its PFJ (Proposed Final Remedies) now 60+ pages of brilliant detail. Let me walk you through key terms. /1
This is the 2023 US v Google adtech win - the one DCN and its premium publishers have long been much more deep and focused on. Here’s what it means for publishers of all types - and why it will be a massive win for the open web if Judge Brinkema signs on (I believe she will). /2
First, clear structural remedies. Google must divest AdX, its ad exchange, w/in 2yrs and likely DFP, its publisher ad server. No more vertical ad stack monopoly with interest conflicts. This would finally decouple tools Google can use to rig auctions and suppress pub revenues. /3
All eyes at Google on streaming NFL game tonight but Google Inc and its many monopolies have had quite the week. I’ve been absorbing on this end, some quick Friday thoughts on things missed. Bad news certainly for the public, and also DCN members, in US v Google Search case. /1
Judge Mehta said "no thanks" to helping publishers - because he said no pubs testified. Maybe that’s what retaliation fear looks like??? He also noted the unlawful conduct was about distribution deals, not deals with publishers. More on that in a minute. /2
Despite Mehta finding Google illegally maintained its 95%+ search monopoly with browser deals, he also said it’s OK for Google to keep owning Chrome - the world’s biggest browser - so they can keep paying everyone else and free riding on their own browser. All bad here. /3
Woah. Facebook just settled immediately before board members Andreessen, Thiel, Zuckerberg, Desmond-Hellman, and Sheryl Sandberg were set to testify as to who knew what and when…depriving public of any accountability and facts in courtroom from board and officer comms. 1/3
Counter to Facebook lawyers framing yesterday, the DC AG suit isn’t dead (awaiting DC Circuit from 1/30 hearing), and NdCal shareholder suit also still alive. This is the closest to
Courtroom testimony after about $8B+ in settlements. 2/3
Credit to Reuters, Delaware Online who I saw actually showed up to cover. It’s likely why Facebook, Zuckerberg and its board, let this one get so close. But the grid. But today things were likely to get very very hot. 3/3
News cycles. News cycles. What I called the "mother of all lawsuits" for Facebook in 2021 goes to trial TOMORROW. Zuckerberg, Marc Andreessen, Sheryl Sandberg, Peter Thiel, other board members expected to testify live as to who knew what and when in its largest scandal ever. /1
Meanwhile, Zuckerberg and Facebook comms have successfully flooded the zone with AI-hype and exclusive CEO interviews mostly distracting the press away from a trial on how they leveraged, and allegedly abused, personal data to drive a decade of massive growth in mobile share. /2
The case involves allegations the board broke its loyalty to company (and Zuckerberg insider traded on stock) after Facebook had been long violating its FTC consent decree and other privacy laws - all covered up by nearly $8 billion in settlements ($5B alone with the FTC). /3
Woah. Exhibit list just posted for Facebook trial in DE starting in a few weeks. We finally have confirmation Sheryl Sandberg was deposed by the SEC - one week prior to Zuckerberg which also kept secret until a lawsuit unsealed it. Sandberg was also sanctioned in this case. /1
This matters as it gets at Who Knew What When at FB ahead of the world finding out its platform was leaking personal data for years. Zuckerberg was dodgy at best under oath to Congress, FB responses to Parliaments focused on 2018 news. But exhibits include Jan 2017 MZ emails. /2
The DE lawsuit claims Facebook's $5 billion record settlement was inflated in order to protect its CEO, Zuckerberg, and also includes (civil) insider trading claims. Zuckerberg was ordered to sit for multiple day depo this year, will have to testify live. /3
Scanning front pages across America this morning. Still today, the local A1 best captures the biggest story of the day. The majors from NY to LA to Detroit to even Arkansas. /1
From Washington DC all of the way up to the major newspapers in Alaska… the No Kings protest images are everywhere capturing the moment. /2
All of them capture peaceful protest, democracy in action, and what America is all about at a time when social media algorithms may distort what the day was all about. Illinois to Colorado. /3