Judges have very limited patience for lawyers who decide that courtroom rules are more of a vibes-based suggestion. And in the sprawling, high-stakes social media addiction litigation — the one trying to make Big Tech answer for allegedly hooking kids’ brains like it’s nicotine with better branding — patience finally snapped.
Enter Matthew Bergman, founder of the Social Media Victims Law Center and, until very recently, a member of the plaintiffs’ steering committee. Until, that is, Judge Carolyn B. Kuhl decided she had had just about enough of Bergman’s (repeated) inability to follow the courthouse rules about technology.
Yes, in a case literally about tech accountability, the irony writes itself.
Last week, as Mark Zuckerberg took the witness stand, Bergman apparently felt the pull of the spotlight. He conducted an interview with the BBC on the first floor of the courthouse where recording is banned.
When called on it, Bergman went with the full contrition package. The day, he said, was “so emotionally overcoming” that he “lost sight of my obligation as an officer of this court.” He told Judge Kuhl it’s “something for which I am deeply ashamed,” adding that he hoped this would be “a learning experience” that would help him become “a better lawyer and a better person.”
Judge Kuhl removed Bergman from the plaintiffs’ steering committee, though another attorney from the Social Media Victims Law Center remains on the committee. And this isn’t a one-off, Bergman is also facing a citation for allegedly taking a photo on his phone in the courtroom, with a contempt hearing scheduled for March 23.
Kuhl did not mince words. “The things you’re doing are threatening to impede your clients’ pursuit of their claims,” she told him. To his credit, Bergman leaned into the irony. “In a case about tech accountability, the fact that I was not accountable on tech issues in this court is resonant, it is humbling, and I am deeply sorry,” he said.
Gold star for remorse. Unfortunately, remorse does not get you back your leadership role in one of the most consequential pieces of mass-tort litigation against Big Tech to date.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @Kathryn1@mastodon.social.
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