Uber hired a private investigator to interview friends and colleagues of Stephen Meyer, plaintiff in class action litigation against Uber, as well as Meyer’s attorneys. Interviewing acquaintances and professional colleagues, the PI falsely claimed to be “profiling top up-and-coming” leaders and conducting “real estate market research.” When plaintiff’s counsel learned about these inquiries and asked Uber’s counsel whether Uber had hired a PI, Uber attorneys claimed “Whoever is behind these calls, it is not us.” But as evidence mounted, Uber eventually admitted to having initiated the investigation.
In criticizing Uber’s decision to “hire unlicensed private investigators to conduct secret personal investigation of both the plaintiff and his counsel” as well as the “blatant misrepresentations” and “false pretenses” of the investigation, federal judge Jed Rakoff found “sufficient basis to suspect that Ergo had committed fraud in investigating plaintiff through the use of false pretenses” and that Uber’s instructions had furthered the fraud. Uber paid an undisclosed sum to plaintiff and plaintiff’s attorneys to resolve this misconduct.
Rakoff’s decision indicates that Uber’s investigation of Meyer and his attorneys was initiated by Uber then-General Counsel Salle Yoo who sought assistance from Chief Security Officer Joe Sullivan.
Private investigator’s report. Uber staff communicated with private investigator using Wickr, a self-deleting messaging app, though some messages were recovered during subsequent litigation.
Meyer v. Kalanick – litigation docket