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
Justice takes time. What he knew when. AOC will remember this, “Their lawsuit says Zuckerberg—facing the risk of personal liability over the data privacy scandal—got himself out of trouble by agreeing to pay a larger-than-necessary $5 billion fine with shareholder money.” 1/3
Here is the full report from Bloomberg on Zuckerberg’s deposition which apparently was cut short and late on docs on Dec 3rd. Board members Thiel, Andreessen, others all being deposed these weeks. Press allowed Facebook to rewrite history on this. 2/3 news.bloomberglaw.com/business-and-p…
Here is a good thread that will get you into the details. Sheryl Sandberg also deposed although her assumed prior SEC deposition was sealed. We did finally get Zuckerberg’s which showed his nerves and that the scandal was on his mind much earlier. Thanks to @zamaan_qureshi 3/3
Overnight: FTC plans to call CEO Zuckerberg and (former) CTO Schroepfer in first 2 wks of trial (late April) in DC seeking to break up the company for abuse of monopoly laws. Also on their short list are some very big roles and names. Very likely driving behaviors at the top. /1
As I know their roles...
Chris Cox - chief product officer who took a break when scandals accelerated, and avoided testimony in UK.
Javier Olivan - now COO, key lieutenant
Sheryl Sandberg - former COO, on everything
Alex Schultz - key growth hacker, now CMO /2
Adam Mosseri - key lieutenant, now runs Insta
Dave Wehner - former CFO, deal approval including $19B with no real revenue WhatsApp
Fidji Simo - (former) always in mix, product leadership
Guy Rosen - Onavo alleged packet sniffing of WhatsApp, Snap /3
Woah. Google filed redacted versions of its Summary Judgment exhibits in Texas adtech antitrust case ahead of the March 31 trial. Although this case mirrors DOJ's case awaiting decision, it has even more eye-popping evidence. And an expert suggesting $29B in penalties. /1
"Project Bernanke" is an oldie but goodie that gets a lot of discussion. ICYMI, Google would allegedly increase the first highest and the second highest bid in its 2nd-price auctions then reinvest the "saved" funds back into other bids to Google wins more auctions. /2
The problem is while it may have ended up providing more revenue to the publisher (from/through Google) and no doubt to Google, Inc, it allegedly ignored the revenue which could have come through another channel if Google didn't manipulate the rev share as it ran the auctions. /3
US v Google II Closing arguments today.
70min for DOJ-> 95min for Google-> 20min for DOJ. Having predicted this case as better odds than search case (Google already lost in August), nothing changed my mind today. I wrote down: influence/$, complexity, deception, and arrogance. /1
I'm staying high level on perception first as findings of fact already covered much. On influence/$, DOJ pointed out early on and then again in rebuttal that every single witness presented by Google (except one) was paid or had grants from Google. /2
On complexity, Google again executed on its spaghetti defense with lead counsel, Karen Dunn, bookending trial by running over as she did in her opening. She appeared to skip dozens of slides, many minutes of close. And she loaded her slides while talking twice as fast as DOJ! /3
Bam. There is it. US Department of Justice has filed - requesting divestiture of Chrome as a remedy for court's finding against Google. Android at risk, too. /1
As it relates to Android, here is how DOJ puts it. Forced divestiture is option that "swiftly, efficiently, and decisively strikes at the locus of some anticompetitive conduct at issue here" but we're ok with tight behavioral remedies with option to divest if they don't work. /2
Revenue sharing for search default and/or preferential treatment - dead. Google's tens of billions to Apple - dead (last I saw it's about 15% of Apple's profits). Reminder, this all needs to be argued and approved by Court and then will get appealed. Still far off. /3
KA-BOOM. So when Google and its proxies (see so-called Chamber of Progress), friendly academics and analysts continue to suggest Chrome has nothing to do with the case, please ask them how many days they were at the trial. 1/3
This is super important. It’s an area @DCNorg (premium publishers) are intensely interested and concerned they get right around ability to restrict. The Court and trial made it clear they understood its importance during trial. We’ll be reading closely on Wednesday. 2/3
Here is the full report from Bloomberg who consistent with the entire trial showed up every day, did the hard work, and now got the massive scoop ahead of Wed filing. 3/3 bloomberg.com/news/articles/…