Judge Grants Facebook's Crime-Fraud Exception Request for Opposing Counsel's Documents
A California state court judge found that a litigation opponent of the social media giant had "utilized the services of counsel to aid in committing a crime or fraud" when handing over confidential documents to British Parliament and journalists.
March 16, 2019 at 01:19 PM
3 minute read
A California state court judge has granted a request by Facebook Inc. to get information from lawyers for a litigation opponent to probe how confidential company documents ended up in the hands of government investigators and journalists.
San Mateo Superior Court Judge V. Raymond Swope found that Facebook's lawyers at Durie Tangri had made a preliminary case that the “crime-fraud exception” applies to what would normally be attorney-client privileged communications.
The ruling arises in the case of app developer Six4Three LLC, which created an app that combed Facebook for pictures of women in bikinis and sued the social-networking company in 2015 for blocking its access to user photos. Six4Three founder Ted Kramer handed over confidential documents from the case last year to a British Parliament committee investigating disinformation and fake news on the Facebook platform.
“The evidence reflects that Six4Three, through its principal Mr. Kramer, utilized the services of counsel to aid in committing a crime or fraud,” Swope wrote in the March 15 order. In particular, the judge found that Kramer had reached out to a member of Parliament about finding an “appropriate mechanism” to disclose information to the investigating committee. The judge also found that summaries of legal filings that lawyers in the case had shared with journalists and government agencies not only summarized the allegations in the case “but also analyze in detail the confidential information obtained from Facebook.”
Reached by email March 15, Facebook deputy general counsel Paul Grewal said “we appreciate the court's attention to these matters.”
Friday's order applies to Six4Three, Kramer, and lawyers Thomas Scaramellino; David Godkin and James Kruzer of Birnbaum & Godkin in Boston; and Stuart Gross of Gross & Klein in San Francisco. It requires them to provide documents showing all communications they had with media and government entities related to certain court filings and the identities of who they communicated with.
Jack Russo of Computerlaw Group in Palo Alto, who represents Kramer and Scaramellino in their individual capacities, said via email that it is “incongruous to imagine that my clients or any of these licensed lawyers or firms, all in good standing would ever engage in any type of fraud simply by complying with the orders of Parliament in the U.K.” He pointed in particular to a declaration Kramer filed with the court describing how he came to hand over documents to Parliament, which claims he provided them to avoid “serious, potentially criminal, consequences.”
Contacted Friday, Gross of Gross & Klein said that the court concluded he had potential involvement since he was copied on an email sent to two other individuals in the wake of the alleged wrongdoing. “I strongly disagree with the finding and look forward to vindicating my reputation,” Gross said via email.
Godkin and Kruzer didn't respond to emails seeking comment Friday.
Read the order:
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
© 2024 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 AllMeta Seeks Declaratory Judgment in VR Eyewear Tech Patent Infringement Case
Plaintiffs Seek to Avoid Jurisdiction Fight in IVF Case, Challenge CooperSurgical in Connecticut
4 minute readPorsche's Venture Capital Arm Adds General Counsel From Clifford Chance
Trending Stories
- 1'Radical Left Judges'?: Trump Demands GOP Unity Against Biden's Judicial Picks
- 2NY District Attorneys Are Still No Fans of Revamped Misconduct Watchdog
- 3ICC Issues Arrest Warrants for Israel's Prime Minister Over Alleged War Crimes in Gaza
- 4Attorney Responds to Outten & Golden Managing Partner's Letter on Dropped Client
- 5Attracted to Thompson Hine's Fee Flexibility, Morgan Lewis Litigator Switches Firms in Chicago
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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