August 17, 2026
Joshua Wurtzel was recently quoted by Reuters discussing the unusual advisory-jury structure in the landmark trial against Meta Platforms over allegations involving the company’s treatment of young users.
The case, being heard in federal court in Oakland, California, involves claims brought by 29 state attorneys general alleging that Meta designed Facebook and Instagram to be addictive to children and unlawfully collected minors’ data. Rather than a traditional jury whose verdict would be binding, U.S. District Judge Yvonne Gonzalez Rogers selected an eight-member advisory jury to hear the case and issue a nonbinding verdict. The ultimate decision will rest with the judge.
Joshua explains to Reuters that the unusual structure creates an additional challenge for the attorneys trying the case. “It means you have to shoot at two different targets simultaneously,” Joshua says, referring to the need for attorneys to persuade both the judge and advisory jury.
The advisory jury’s role is intended to help the court assess issues including community standards and whether members of the public could have been deceived by Meta’s statements. While its verdict will not determine the outcome, Reuters noted that Judge Rogers may consider the jury’s findings when reaching her own conclusions.
Read the full article in Reuters (Subscription may be required).
Joshua Wurtzel is a partner at Schlam Stone & Dolan LLP who focuses his practice on complex commercial, real-estate, and commercial-lending litigation. He has been recognized on the Best Lawyers “Ones to Watch® in America” list in Commercial Litigation and the New York Metro Super Lawyers® "Rising Stars" list in Business Litigation.