Facebook Data Privacy Lawsuit
Each student will identify a business that is currently facing legal problems (i.e., employment, environmental, intellectual property, criminal, etc.). Students will identify and describe the dispute, the legal issues, and the specific laws at issue. Students will propose the possible solutions to address the legal problem(s) and identify the most viable outcome.
Students will analyze the potential outcomes for resolving the dispute using the four platforms of conflict resolution: litigation, arbitration, mediation, or negotiation. They will name the most viable platform of conflict resolution and justify their choice by providing an explanation for rejecting the three other platforms. They will then analyze the dispute and recommend the most viable solution to resolve the conflict.
The assignment must be at least 5 full pages in length, double spaced, 12-point font. Please submit on Canvas as a “Word” document or a PDF. The overall grade will be based on (1) demonstration of comprehension of the alternative dispute resolution platforms and the impact each has on a firm's global competitiveness; (2) analysis of the differences in each perspective; (3) clarity of writing.
Facebook Data Privacy Lawsuit
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Facebook Data Privacy Lawsuit
In a recent data privacy lawsuit, Facebook's parent company has agreed to a settlement of $90 million. The dispute was originally filed in 2012 and involved 21 related cases (NLR, 2022). In this case, Facebook was accused of tracking and collecting information from its users after they had logged off through cookies and other plug-ins that track and save information on users' visits to third-party websites. More importantly, in the multidistrict litigation, Facebook was found to have sold and benefited from this illegally acquired data. In Facebook Internet Tracking Litigation, US District Court, Northern District of California, No. 12-md-02314, the complaint is that Facebook violated state and federal privacy laws and wiretapping laws by tracking users who visited websites that have Facebook 'like' buttons (Stempel, 2022). According to the complaint, this data was sold to third parties for targeted marketing. Thus, the current paper aims to propose alternative solutions through which Facebook and the complainants can reach an amicable agreement based on the four platforms of conflict resolution.
Conflict Resolution Platforms
The four conflict resolution strategies include litigation, arbitration, mediation, and negotiation. Each of these platforms has strengths and weaknesses that make them a viable alternative for resolving the current lawsuit. So far, the case has taken the platform of litigation in which the court has guided the hearing to a settlement agreement of $90 million to be paid by Meta. Litigation is often considered when parties cannot agree on the fair and proper outcomes. The Facebook case was filed in 2012 and represented one of the longest-running data privacy lawsuits indicating that litigation was perhaps the only viable option for the complainant. However, despite the advantages of litigation, it may have shortcomings that can impede the complainant from getting justice.
Litigation
There is a wide range of cases that can be resolved using litigation. These include commercial disputes, matrimonial matters, claims against the state, personal injury claims, and employment disputes. In the case of Facebook, theirs was a commercial lawsuit in which the company benefited from data acquired illegally without Facebook users' knowledge or consent. The key advantages of litigation include that parties are compelled to comply with the judgment. There is a right to appeal, setting precedence, discover new information, and the potential for predictable outcomes, which helps in planning. For instance, in an aspect of the appeal, the Facebook case was initially dismissed in 2017 following protracted litigation and multiple amendments to the complaint. This is advantageous because it gives the parties a second chance to state their claim. Similarly, setting precedence is vital because the case outcomes can shape future decisions in similar lawsuits. However, litigation also has some disadvantages that make it less desirable. For instance, litigation consumes ample time, as highlighted by the protracted lawsuit filed first in 2012, only to be resolved ten years later.
Arbitration
Arbitration is the procedure in which a dispute is submitted to one or more arbitrators who make a binding decision on the dispute. This conflict resolution alternative happens outside the courts of law, and the parties involved must duly agree for the case to be handled by an arbitrator. For instance, in the case of the current litigation, Facebook and the complainants would have sought arbitration instead of court. Often, arbitration is preferred before a case is taken to a court of law. The key advantages of arbitration are that it helps parties avoid litigation costs, it is generally faster, proceedings are flexible to parties' needs, and the outcomes are enforceable under the law. For instance, in terms of speed, arbitration would have potentially reduced the ten years it took for litigation to arrive at an agreement. In other words, arbitration would have potentially limited the n...