Judge Rejects Meta’s Bid to Muzzle Ex-Researcher in Youth Harm MDL
America ı By Rihem Akkouche
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A California federal judge overseeing discovery in sprawling litigation targeting social media giants over alleged youth mental-health harms refused Monday to grant Meta Platforms Inc. a protective order aimed at silencing a former researcher the company labeled “disgruntled.”
The ruling marks a significant setback for Meta as it faces allegations that it buried, altered, or suppressed internal research documenting potential risks to young users.
Meta Warns of Rogue Testimony From Ex-Researcher
U.S. Magistrate Judge Peter H. Kang delivered the ruling from the bench in San Francisco after Meta sought an order restricting testimony from Jason Sattizahn, a former Meta researcher who publicly testified before Congress in September during a Senate Judiciary subcommittee hearing titled “Hidden Harms.”
Meta attorney Timothy Hester of Covington & Burling LLP argued that without a protective order, Sattizahn might freely disclose attorney-client privileged communications during his deposition.
“We have no assurance Dr. Sattizahn will respect that instruction,” Hester said, calling him a “disgruntled former employee” who had “already disclosed privileged communications” in testimony to Congress.
Hester claimed Sattizahn’s attorney had indicated that his client planned to testify consistent with his Congressional statements—statements Meta insists include privileged content.
Plaintiffs Counter: Privilege May Not Apply
Plaintiffs’ counsel Lexi Hazam of Lieff Cabraser Heimann & Bernstein LLP told Judge Kang that Meta was attempting to impose a blanket restriction far broader than the law allows.
“Mr. Sattizahn cannot respect and does not have to respect a privilege that doesn’t apply or exist,” Hazam argued.
Hazam said Meta’s urgency likely stems from a recent D.C. Superior Court ruling applying the crime-fraud exception, holding that certain documents were not shielded by privilege.
If Sattizahn testifies that Meta’s legal department instructed him to alter or suppress research on youth harms to limit liability, Hazam said, that constitutes potential spoliation and defeats privilege.
She also noted that a New Mexico judge in the multidistrict litigation (MDL) had already imposed a process where Sattizahn’s transcript would remain sealed until privilege objections were resolved—making Meta’s request unnecessary.
Whistleblower’s Counsel: He Will Testify as Directed
Sattizahn’s lawyer, Michael Ward of Baker Botts LLP, told the court that his client will honor “appropriate” privilege claims but noted that the New Mexico order explicitly directs Sattizahn to testify about his communications with Meta’s in-house counsel.
“He is going to testify that he was directed to change research protocols by lawyers to avoid collecting evidence of harms,” Ward said.
“The company did not want to possess any evidence that these harms were occurring.”
Meta countered that the New Mexico procedures did not sufficiently shield confidential information from being disseminated across multiple jurisdictions.
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