Board votes unanimously to join national social-media litigation on contingency basis
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Summary
The board approved joining a pending national lawsuit against major social-media companies on a contingency basis; counsel said there is no upfront cost, the firm would use contingency fee arrangements, and any recovery may be apportioned among participating districts.
The Winston Salem Forsyth County Schools Board of Education voted unanimously on March 5 to join pending national litigation against social-media companies, approving retention on a contingency basis and authorizing counsel to move forward with Wright Law Group's proposed plaintiff fact-sheet and filing.
Chief Legal Counsel Dion Jenkins summarized three major strands of litigation and said the firm representing Guilford County and other districts has approached the board. "There are some major cases that are currently pending in California right now in federal court," Jenkins said, and told the board that joining would require completion of a plaintiff fact sheet but would not require upfront legal fees because the firm is working on contingency.
Jenkins said there is limited financial risk to the district: "If there is no recovery or we're not successful in the lawsuit, then there would be no fee for attorney's fees," and the district could withdraw from the litigation at any time, he said. He added that potential recoveries and their allowable uses remain uncertain: judgments may be unrestricted, while settlements could be subject to restrictions tied to remediating social-media effects.
Board members asked whether other large North Carolina districts had joined; Jenkins said Guilford County joined in November and that several districts are participating with different firms. Board member Wood voiced support for the move, saying the litigation offers a low-risk way to potentially generate resources for student supports.
Not all public commenters supported the litigation. Peter Antonacci, speaking during public comment, called the board "distracted" and questioned whether legal resources should instead focus on addressing the financial vulnerabilities identified by the state auditor.
The motion to join the litigation passed unanimously. Counsel said staff would complete the plaintiff fact sheet and coordinate with the retained firm on next procedural steps.