ATTORNEY GENERAL v. FACEBOOK, INC.

SJC-12946.

487 Mass. 109 (2021)

ATTORNEY GENERAL v. FACEBOOK, INC.

Supreme Judicial Court of Massachusetts, Suffolk.

March 24, 2021.


Attorney(s) appearing for the Case

Felicia H. Ellsworth for the respondent.

Sara E. Cable , Assistant Attorney General, for the petitioner.

The following submitted briefs for amici curiae:

Thomas O. Bean & Anuj Khetarpal for Association of Corporate Counsel.

Ariel Fox Johnson , of the District of Columbia, & Joseph Jerome for Common Sense Media.

Steven P. Lehotsky , Kevin P. Martin , William E. Evans , Ben Robbins , & Martin J. Newhouse for Chamber of Commerce of the United States of America & another.

David A. Vicinanzo , of New Hampshire, Mark Tyler Knights , Hannah R. Bornstein , & Marissa Elkins for National Association of Criminal Defense Lawyers.

Alan Butler & Megan Iorio , of the District of Columbia, & Caitriona Fitzgerald for Electronic Privacy Information Center.

James M. Campbell for Lawyers for Civil Justice.

Present: BUDD, C.J., GAZIANO, LOWY, CYPHER, & KAFKER, JJ.


In this case we address the applicability of the attorney-client privilege and the work product doctrine to an internal investigation conducted by the respondent, Facebook, Inc. (Facebook). After public reporting revealed potential widespread misuse of Facebook user data by third-party applications (apps), Facebook hired a law firm, Gibson...

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