WILMINGTON, Delaware, Nov 20 (Reuters) - Mark Zuckerberg
and current and former leaders of Meta Platforms ( META ) agreed
to pay the company $190 million to resolve shareholder
allegations that they damaged Meta by violating Facebook users'
privacy, according to a settlement unveiled on Thursday.
The deal ended litigation by shareholders who accused the
Facebook co-founder and other defendants of saddling the company
with billions of dollars in fines and legal costs stemming from
violating privacy regulations.
The agreement fleshes out a deal announced in court on July
17 that ended a scheduled eight-day trial on its second day.
Shareholders were seeking $8 billion from Zuckerberg and 10
current and former directors and officers for allegedly allowing
Facebook users' personal information to be accessed without
their consent.
The defendants had denied all allegations.
The settlement dramatically cut short the trial before a
string of high-profile witnesses took the stand, including
Zuckerberg, billionaire investor and Meta board member Marc
Andreessen, former Chief Operating Officer Sheryl Sandberg, and
former Facebook board members Peter Thiel, the co-founder of
Palantir Technologies ( PLTR ), and Reed Hastings, the
co-founder of Netflix ( NFLX ).
Facebook in 2021 changed its name to Meta, which is also the
parent company of Instagram and WhatsApp. The company was not a
defendant.
"As one of the largest cash recoveries ever in a derivative
action, this settlement confirms that proper oversight of a
company's compliance obligations is not optional - it's
essential," said Geoff Johnson, an attorney with Scott + Scott,
one of the firms that led the litigation.
Derivative lawsuits recover money from directors and
executives, which is paid to the company and therefore benefits
shareholders indirectly. Boeing directors agreed to a record
settlement in an oversight case in 2021 for $237.5 million. The
settlements in derivative cases are often paid from directors'
and officers' liability insurance policies.
The shareholders who brought the case, including public
employee pension funds, claimed directors failed to oversee
Zuckerberg and Sandberg, who were allowed to run an illegal
data-harvesting enterprise.
The lawsuit was filed in the wake of the scandal surrounding
Cambridge Analytica, a now-defunct British political consulting
firm.
The firm secretly accessed data from tens of millions of
Facebook users to create targeted messages for clients that
included Donald Trump during his successful U.S. presidential
campaign in 2016. Officials from Trump's 2016 campaign have said
Cambridge Analytica played a minor role in the election.
Those revelations led to a record $5 billion fine by the
Federal Trade Commission and a series of other legal
settlements. Zuckerberg was also accused of trading Meta stock
to benefit from inside information.
A judge in 2023 declined to dismiss the lawsuit before trial
and called the allegations "wrongdoing on a truly colossal
scale," but experts said the legal standard meant it was still
going to be a difficult case for investors.
The defendants said the evidence at trial would have
shown that Facebook had robust operations to protect user data.
They accused Cambridge Analytica of deceit.
The oversight allegations are known as Caremark claims,
considered the most difficult to prove under Delaware corporate
law. If plaintiffs had prevailed in the trial, the case would
have been appealed to the Delaware Supreme Court.
"This was the first case to take a Caremark claim to trial,
and, in the process, we sent a clear message that even the most
powerful directors and officers must take their oversight
obligations seriously," said Maxwell Huffman, another Scott +
Scott attorney.