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
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
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