Meta investors, Zuckerberg to square off at $8bn trial over 'privacy violations'
Jason Kint, the head of Digital Content Next, a trade group for content providers, said the case will fill in details about what the board knew — and when — regarding the data of users, who now total more than 3-billion daily across Meta's platforms. 'There's an argument we can't avoid Facebook and Instagram in our lives,' he said. 'Can we trust Mark Zuckerberg?'
MOST DIFFICULT CLAIMS
Two years ago, the defendants sought to dismiss the case before trial, which the judge declined. 'This is a case involving alleged wrongdoing on a truly colossal scale,' said Travis Laster, the judge handling the case at the time. The trial in the Court of Chancery will be overseen by Kathaleen McCormick.
The plaintiffs, individual investors and union pension funds including California's State Teachers' Retirement System, must prove what is often described as the most difficult claim in corporate law — showing that directors failed in their duty of oversight. Legal experts said it appears to be the first trial on such a claim.
Zuckerberg and Sandberg are alleged to have knowingly caused the company to violate the law. While Delaware law protects directors and officers for bad business decisions, it does not protect them from illegal ones, even if they are profitable.
Defendants said in court filings that plaintiffs cannot deliver the evidence.
The shareholders in pretrial court papers said they can prove that after the 2012 agreement, Facebook continued deceptive privacy practices, at the direction of Zuckerberg. The defendants said the evidence will show that the company built a team to oversee privacy and hired an outside compliance firm and that Facebook was a victim of Cambridge Analytica's 'studied deceit'.
In addition to the central privacy claims, plaintiffs also allege that when Zuckerberg could see that the Cambridge Analytica scandal was about to break and send company stock lower, he was motivated to offload his stock and reaped at least $1bn (R17.86bn) in profit. Defendants said evidence will show he used a stock-trading plan that can protect against insider-trading allegations. They also said the motivation was to benefit his charitable pursuits.
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