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Alief ISD board approves steps to seek AG approval to join nationwide social-media litigation
Summary
Trustees adopted a findings resolution and approved contingent-fee agreements to seek expedited Texas Attorney General review for participation in nationwide litigation alleging harms from social media to students.
The Alief ISD Board of Trustees on Feb. 4 adopted a statutorily required resolution and approved contingent-fee legal agreements to seek Texas Attorney General approval for possible district participation in pending federal litigation against major social media companies.
The board heard a detailed presentation from an attorney representing one of the interested firms in the case, describing a consolidated federal case in California that alleges social media companies caused harms to young people through addictive product design. The presenter said school districts around the country — including roughly 25 Texas districts representing about 800,000 students — are pursuing participation because of district expenditures tied to student counseling and technology interventions.
Attorney Phillips Fran Francinet of Thompson and Horton LLP (presenting on behalf of three firms listed in the board materials) told trustees that Texas law requires governmental entities to submit contingent-fee agreements to the Texas Attorney General for approval before joining litigation on a contingency basis. He said the AG's office has indicated willingness to consider individual school district participation and that the California litigation has survived at least some dismissal motions and is moving toward trial next fall. "There is no out of pocket expense for the district in any of this unless there is a recovery for the school district," the presenter said.
Trustees voted twice on related items: first to adopt the findings resolution required by statute (agenda item 5.3), and then to approve the contingent-fee legal services agreement naming Thompson and Horton LLP, Elend and Bonin, PC, and O'Hanlon Demereth and Castillo, PC (agenda item 5.4), both subject to Attorney General approval. Trustee Spurlock moved the resolution (seconded by Trustee Pastor Greg Patrick); the vote was recorded as "5 4, 0 against, and 1 abstention." The subsequent motion to approve the contingent-fee agreement was moved by Trustee Pastor Greg Patrick and seconded by Trustee Traum; the vote tally was recorded the same.
Board materials and the presenter noted that district participation would likely require staff time to assemble data on counseling services, software, and other expenditures; the firms indicated those efforts would be limited and that, if the litigation results in recovery, any award could offset district expenses that the litigation alleges were caused by social media.
