Derivative Lawsuit Targets Zuckerberg, Facebook Brass Over Privacy Breaches
The 193-page filing said that Mark Zuckerberg, Sheryl Sandberg, Peter Thiel and three other board members had presided over "one of the worst examples of privacy abuse in the age of social media" and committed "pervasive breaches" of their fiduciary duties in the name of short-term profits.
May 01, 2019 at 05:08 PM
4 minute read
A Facebook investor Wednesday accused Mark Zuckerberg and other top executives of insider trading and blamed them for a series of high-profile privacy scandals that have jolted the company's stock and exposed it to billions of dollars in fines and legal liability.
The derivative lawsuit, filed in Delaware Chancery Court, comes just one week after the Menlo Park, California-based social media giant said it expected to pay a fine of up to $5 billion for violating a Federal Trade Commission consent decree that required Facebook to enact better protections for user data.
The 193-page filing said that Zuckerberg, Sheryl Sandberg, Peter Thiel and three other board members had presided over “one of the worst examples of privacy abuse in the age of social media” and committed “pervasive breaches” of their fiduciary duties in the name of short-term profits.
According to the complaint, Facebook's directors and officers had concealed widespread wrongdoing from shareholders and violated multiple disclosure laws, leading to massive investor losses and a slew of class actions against the company. All the while, it said, company insiders had reaped hundreds of millions of dollars in personal profits by offloading their Facebook shares on an unsuspecting investing public.
The controversies, the filing said, had shaken the confidence of advertisers, which represent Facebook's main stream of revenue, leading some to question the company's public statements or to pull their ads from Facebook's platforms altogether.
“Facebook's long-term financial health will suffer lasting damages as a result of the individual defendants' wrongful conduct,” attorneys for plaintiff Robert A. Feuer wrote.
“Despite a number of such incidents throughout the years that Facebook has been in existence, the board has failed to properly advise Facebook users of privacy risks or take action to protect the company from the fallout of privacy breaches,” they said. “In fact, the board has actively ignored early warnings signs of trouble to the company's detriment.”
A spokeswoman for Facebook said that any trades Zuckerberg made were to fund philanthropic efforts through predetermined plans that adhered to federal securities rules.
“This lawsuit is without merit,” the spokesperson said in a statement.
Last March, Facebook lost $50 billion in market capitalization after it was publicly revealed that the business and political consulting firm Cambridge Analytica had accessed the private information of as many as 87 million Facebook users without their consent in 2015. Feuer's Ciardi Ciardi & Astin and Greenfield & Goodman attorneys said Facebook's leaders were aware of the Cambridge Analytica debacle as early as 2015 but hid the story from investors for three years.
The complaint alleged that Zuckerberg then “deceptively downplayed” the problem as limited to a single, rogue company that had flouted its privacy policies.
The FTC confirmed last year that it was investigating Facebook's privacy policies and whether the company was complying with a 2011 consent decree for allegedly deceiving its users by saying that they could control access to the information they provided to Facebook. Under the agreement, Facebook was required to give users clear notice and obtain express consent before allowing information to be shared with other applications.
On April 24, the company said in its first-quarter earnings report that it expected a loss of between $3 billion and $5 billion associated with the ongoing matter.
“The matter remains unresolved, and there can be no assurance as to the timing or the terms of any final outcome,” Facebook said last week.
According to the complaint, Feuer made a written demand last June that the board consider pursuing its own litigation, but never heard back from the company. A subsequent letter to Zuckerberg received no response, the filing said.
Feuer is represented by Albert A. Ciardi III and Walter W. Gouldsbury III of Ciardi Ciardi & Astin in Philadelphia and Daniel K. Astin and Joseph J. McMahon Jr. in the firm's Wilmington office. Richard D. Greenfield of Greenfield & Goodman in New York is also representing the plaintiff.
An online docket-tracking service did not list counsel for the Facebook directors and officers.
The case, captioned Feuer v. Zuckerberg, has not yet been assigned to a judge.
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 All3rd Circ Orders SEC to Explain ‘How and When the Federal Securities Laws Apply to Digital Assets’
5 minute readElon Musk Has a Lot More Than a 'Tornetta' Appeal to Resolve in Delaware
5 minute readCompanies' Dirty Little Secret: Those Privacy Opt-Out Requests Usually Aren't Honored
Kramer Levin's Patent Trial Team Discusses Teaching Tech to Juries
Trending Stories
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