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Delaware Court Hears First Testimony in $8 Billion Meta Privacy Lawsuit

Chancellor McCormick is presiding over a non-jury trial this week during which expert testimony will shape whether executives must repay an $8 billion privacy penalty.

eta and Facebook CEO Mark Zuckerberg attends the Inauguration of Donald J. Trump in the Rotunda of the U.S. Capitol on January 20, 2025 in Washington, DC.
Marc Andreessen, of a16z, speaks during 2016 TechCrunch Disrupt in San Francisco, California, U.S. September 13, 2016.  REUTERS/Beck Diefenbach/File Photo
WILMINGTON, DELAWARE - JULY 16: Former White House chief of staff under President Joe Biden, Jeffrey Zients (2nd L), arrives at Leonard L. Williams Justice Center on July 16, 2025 in Wilmington, Delaware. Meta Platforms shareholders are suing Mark Zuckerberg and other current and former company leaders, including former Chief Operating Officer Sheryl Sandberg, for $8 billion in damages on alleged data harvesting from millions of Facebook users in 2018 and in results of Facebook being fined by the Federal Trade Commission for $5 billion. (Photo by Alex Wong/Getty Images)
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Overview

  • Shareholders opened the non-jury trial on July 16 in Delaware’s Court of Chancery to recover $8 billion in fines and legal costs from executives under a landmark Caremark oversight claim.
  • The suit alleges Mark Zuckerberg, Sheryl Sandberg and other directors breached a 2012 FTC consent order, triggering the 2018 Cambridge Analytica fallout and a record $5 billion penalty.
  • Privacy expert Neil Richards testified that Facebook’s disclosures were misleading but stopped short of confirming a breach of the 2012 FTC order.
  • Former board member Jeffrey Zients told the court there was no indication of wrongdoing by Zuckerberg and said the board focused on preserving company leadership.
  • Marc Andreessen is set to testify today and Zuckerberg is scheduled for next week as all defendants deny liability and point to compliance protocols and pre-approved trading plans.