OMAHA, Neb. (CN) - Cornhusker State officials improperly redacted parts of engagement letters they sent two law firms for litigation against TikTok, the social media juggernaut claims in a lawsuit filed Monday.
Nebraska sued TikTok in May 2024 claiming TikTok marketed itself as "family friendly" and "safe" when it actually contributed to a mental health crisis by pushing content that glorifies sex, drugs, eating disorders and suicide ideation to young users. The case remains ongoing in Lancaster County District Court in the state capital city of Lincoln, where Monday's suit was filed.
TikTok claims that, this past November, it requested public records that included, "documents such as contracts, bids, proposals, and retention agreements relating to the attorney general's retention of private law firms in this action and other similar actions."
The state responded by sending TikTok two engagement letters for the Chicago- and Denver-based law firm of Bartlit Beck LLP and Lincoln-based Bruning Law Firm.
But TikTok says the state blocked information related to the scope of the firms' work, and the amount of recoveries each would receive if the state were successful.
Officials claimed the redactions protected litigation strategy. But, citing Nebraska statute, TikTok says the public has a right to the information.
"Disclosure of the financial terms of respondents' relationship with outside counsel is especially important because the people of Nebraska have a right to know the amount of public money the state has promised to pay to private law firms," TikTok says in the complaint. "Respondents have no legal basis for continuing to shield this information from public view."
Officials also withheld other records that should have been made available, TikTok claims. The state said they were privileged, but digital colossus says that explanation does not suffice.
TikTok is asking the court to issue a preemptory writ of mandamus prohibiting the state from withholding any public record identified in its request, or an order that the state produce the records.
Neither the Nebraska Attorney General's Office nor the private firms mentioned in Monday's suit immediately responded to a request for comment.
The Bruning firm is run by Jon Bruning, who was Nebraska's attorney general from 2003-2015 and, before that, a state senator. It is not listed in court records as counsel in the case, but a Bartlit Beck attorney signed Nebraska's complaint in 2024.
Monday's filing is the latest related to Nebraska's case, which has endured for nearly two years.
In the TikTok case and suits, Nebraska has retained outside counsel, which is common for states and other government entities to do in litigation.
Source: Courthouse News Service
