The Reviews Are in for Zuck: His Big Performance Sounded Scripted, But Is That Bad?
Attorneys and other experts weighed in on Facebook CEO Mark Zuckerberg's big week in D.C., explaining how some facets of his testimony proved effective, while others may not have worked as well.
April 12, 2018 at 03:57 PM
3 minute read
After two days and 12 hours of testimony, Facebook founder Mark Zuckerberg can finally breathe a sigh of relief—he's out of the hot seat.
The social media company's 33-year-old CEO spent Tuesday and Wednesday on Capitol Hill in Washington, D.C., answering questions from legislators about Facebook's Cambridge Analytica scandal, which exposed more than 80 million platform users' private data, and may have had influence over the U.K. Brexit vote and the 2016 U.S. presidential election.
Litigation consultants and lawyers who have followed the Zuckerberg hearings said the Facebook boss did relatively well under pressure, but they also said there's room for improvement.
“This was his chance to persuade a broad audience that America does not need to fear Facebook,” said Matthew Prewitt, a partner at Schiff Hardin, in an email. “He missed that opportunity because he was too focused on delivering a technically competent performance that followed word for word what he had rehearsed with his attorneys.”
Zuckerberg entered the hearing with a stack of notes, and seemed to return frequently to statements about Facebook's positive influence, its desire to change and taking personal responsibility for its mistakes.
Geri Satin, a senior trial consultant and co-founder at Focus Litigation Consulting, says Zuckerberg was thorough, and though he sounded semiscripted, that's not necessarily bad.
As CEO of a large company, she says, Zuckerberg had a weighty responsibility to represent Facebook and its thousands of employees in a positive light. Going off script could risk that. She says his ability to stay calm and on track was crucial, even if it came off as less authentic.
“He stuck to his script. He almost stated mantra-like that his company made mistakes and they needed to take a broader approach and needed to take action,” she said. “He made the conversation about action and fixes instead of pointing fingers. That was the most effective aspect.”
But one of his go-to answers to legislators' questions, “my team will get back to you,” wasn't helping Zuckerberg's case, according to Satin. His various ways of telling questioners that he didn't have knowledge about his company on hand could have hurt his credibility, she said.
“Saying things like, 'I'm not prepared to answer that at this time,' even if that's the truth and an authentic answer, it can lead your audience or jurors to become quite skeptical,” she added.
Robert Gerchen, a senior consultant for Litigation Insights, a litigation consultancy, took the opposite stance. In his eyes, Zuckerberg's “my team will get back to you” refrain was an honest one that could boost trust. Gerchen said this type of response avoided the alternative—an awkward, half-baked answer—and instead delivered a promise for more action from his team at Facebook.
When working with witnesses, Gerchen tells them to “be confident in what you don't know,” and to not be afraid of honesty when there's no informative answer to be given at the time. Zuckerberg's response, Gerchen added, also closed the line on further questioning in areas he was not prepared to speak about.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllAntitrust in Trump 2.0: Expect Gap Filling from State Attorneys General
6 minute readFTC Sues PepsiCo for Alleged Price Break to Big-Box Retailer, Incurs Holyoak's Wrath
5 minute readDOJ Files Antitrust Suit to Block Amex GBT's Acquisition of Competitor
Meta Hires Litigation Strategy Chief, Tapping King & Spalding Partner Who Was Senior DOJ Official in First Trump Term
Trending Stories
- 1Who Are the Judges Assigned to Challenges to Trump’s Birthright Citizenship Order?
- 2Litigators of the Week: A Directed Verdict Win for Cisco in a West Texas Patent Case
- 3Litigator of the Week Runners-Up and Shout-Outs
- 4Womble Bond Becomes First Firm in UK to Roll Out AI Tool Firmwide
- 5Will a Market Dominated by Small- to Mid-Cap Deals Give Rise to a Dark Horse US Firm in China?
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250