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
@zamaan_qureshi This was all uncomfortable to him likely as it involves attempts to hold him personally liable in the scandal. First, in his failure to protect consumers. Now, in allegedly (over)paying off the FTC and SEC to make personal risk go away while profiting off the stock. /4
@zamaan_qureshi Board members during the time including Marc Andreessen, Sheryl Sandberg, Peter Thiel were already deposed according to the docket. Jeff Zients looks to be next month recognizing he's a bit busy right now (Biden's Chief of Staff). /5
@zamaan_qureshi Zients also appears in sanctions motions against him and Sheryl Sandberg for not preserving emails. Plaintiffs note this isn't some new form of comms (Signal, Google chats, etc) but simply, albeit sensitive, emails they were told to preserve and they failed to do it. /6
@zamaan_qureshi Read closely. In the case of Sandberg, this is allegedly her gmail account where she discussed sensitive matters. Here, getting outside advice on her and Mark's risk.
Wow. "I am raising a double fisted red flag now just to be 100% sure you're in double-fisted red flag mode."
/7
It should be noted that the allegations are Zients just let his emails autodelete during the litigation hold whereas Sandberg proactively deleted her emails. /8
Sandberg and Facebook's attorneys have argued that all of super sensitive personal emails were also copied to someone else at Facebook intentionally to make sure there was access to them. I find this to be a compelling counterpoint to why that answer shouldn't be trusted. /9
Some of these Sandberg emails on her pseudonymous gmail account were highly relevant, sensitive topics at the time. Interesting in March 2017 there were emails about Cambridge Analytica since I believe Zuckerberg told SEC and House the scandal hit his radar in March 2018. /10
@AOC On Zients, it's more a question whether there really would have only been two emails considering the global investigations of Facebook and his role on the board of directors and the highly sensitive board committee to settle them. /11
@AOC I mean he was on the actual committee that was formed to stamp Zuckerberg's deal for $5B+ with the FTC and SEC to settle the complaints and remove any personal liability for Zuckerberg. Presumably these are the two emails he did receive - other sensitive matters. /12
@AOC I'll stop. But again just trying to bubble up this very active docket in DE. In addition to SCOTUS deciding Friday if it grants cert in FB's inflated reach fraud case, the securities case in NdCal which SCOTUS just pushed back to district court, and FTC breakup April trial. /13
The 8hr video of Jack Smith’s testimony was released by Congress on New Years’ Eve in between Epstein and Venezuela. It’s an extraordinary display of Smith’s integrity and attention to justice and fairness on 1/6. Allison Gill deserves praise for curating the key clips. 1/4
Smith clearly represents all who worked towards justice and public interest, expressing his confidence and rationale he had the evidence to prove Jan 6th case to a jury. He also shows his gratitude to those retaliated against - in just doing their jobs. This stood out to me. 2/4
I must say I’m impressed by Covington & Burling law firm who has stood strong during this retaliation. This is just 1/6 - they’ve worked with Smith to be cautious to not discuss any confidential details in his classified docs report still sealed by Judge Cannon. (1.3x to fit) 3/4
So many mind blowing sentences in this just incredible Wall Street Journal report. Starting here, “Witkoff, who hasn’t traveled to Ukraine this year, is set to visit Russia for the sixth time next week and will again meet Putin. He insisted he isn’t playing favorites.” /1
“Inside were details of the commercial and
economic plans the Trump administration had been pursuing with Russia, including jointly mining rare earths in the Arctic.” /2
“European official asked Witkoff to start speaking with allies over the secure fixed line Europe's heads of state use to conduct sensitive
diplomatic conversations. Witkoff demurred, as he traveled too much to use the cumbersome system.” /3
Saturday’s “No Kings” protests have filled front pages across America with impactful visuals and headlines of peaceful protests. Many included the eye popping NYC Times Square shot. Here in the Dothan Eagle (Alabama). But everyone turned out. See Montana in its Missoulian. /1
Plenty of big city energy from St. Louis, Missouri to Chicago, Illinois. /2
Midwest with Cleveland, Ohio to Pittsburgh, Pennsylvania. /3
US v Google remedies: Nothing groundbreaking from return of DOJ’s star economist this morning. Court tested if his concerns over solely behavioral remedies assume distrust in Google (won’t follow court orders). I don’t think it mattered relative to where we were last night... /1
Yes, some will read as leaning against structural-remedy interest. I took it simply her clarifying she doesn’t need to lean on distrust if structural is shown tech feasible. Although witness pointed out distrust harms competition investment levels. /2
Court also very much nodded head when witness Lee explained why he didn’t do “but for” analysis to a dollar amount. Mehta also determined in search it was infeasible and unnecessary so cross that out of Google’s defense imho. /3
ok, this is HUGE. Late Friday, Penske (PMC) filed a wicked-smart, landmark antitrust lawsuit against Google. I've now read it in full and I'm very impressed. Importantly, it's the first antitrust suit for Google tying its AI-driven products to its adjudicated search monopoly. /1
The core claim: Google is abusing its search monopoly to force pubs to hand over content - not just for traditional search indexing but to feed its AI. Google then repurposes it to substitute them with its own services breaking the fundamental bargain of the open web. /2
Penske says this is not a fair exchange. If it weren't for Google's adjudicated monopoly power (recall Judge Mehta said they get 19x as many queries as next biggest), Google would be paying pubs for these rights or if it didn't then they would opt-out of providing them. /3
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