Systems Are Starting to Crack

Jon & Marc Podcast: The Social Media Addiction Trial

Most plaintiff firms focus on verdict size.

Serious operators focus on structural shifts.

Longstanding defense frameworks are being tested.

In the latest Jon & Marc episode, we went inside the Social Media Addiction Trial in Los Angeles, speaking directly with Matthew Bergman, the attorney who originated the litigation - just hours after court adjourned.

This case is not about bad posts.

It is about product design.

The theory being tested is whether platforms were engineered to maximize dopamine, engagement, and advertising revenue, and whether that architecture creates liability independent of content.

Key takeaways:

Design > Content
The case targets infinite scroll, variable reward loops, and algorithmic amplification. When harm is tied to architecture, Section 230 becomes narrower.
Addiction as the Framework
Expert testimony compares platform mechanics to alcohol and tobacco models. Behavioral engineering becomes the exposure point.
Revenue Drives Risk
Engagement fuels profit. If safety features reduce growth, internal decision-making becomes evidence.
Internal Documents Are Leverage
The allegation is that safety modifications could have been implemented quickly, but were deprioritized.

Snapchat and TikTok have already resolved claims. Meta and Google remain in the fight. Executives are taking the stand.

Regardless of outcome, this trial is testing whether systemic design can create duty.

Tort Talk: The Uber Verdict and Agency Exposure

On our last Tort Talk, we broke down Uber’s $8.5 million verdict with Joe Fantini.

But the number isn’t the story.

The jury found the driver was acting as an agent of Uber.

That finding matters more than punitive damages.

For years, rideshare companies have relied on the independent contractor defense to limit corporate exposure. When a jury rejects that framing, the liability model shifts.

We also discussed:

Why the agency finding changes leverage in future cases
What the newly approved Lyft MDL means for timeline and consolidation
How tech litigation trends intersect with mass tort strategy
The Beasley Allen disqualification and its ripple effects in talc

Mass tort litigation is not slowing down in 2026. It is accelerating.

The real strategic question is not which verdict is largest.

It is which structural defenses are starting to weaken.

Both conversations point to the same conclusion: These frameworks are being stress-tested in real time.

If you are building a plaintiff firm for the next decade, pay attention to where doctrine is shifting, not just where headlines are loudest.

Subscribe to The Jon & Marc Podcast on YouTube, Apple Podcasts, or Spotify for law firm growth strategies and legal marketing news from Jon, Marc, and the industry's top tier legal & marketing professionals.