This article was published on April 18, 2011

Winklevosses not done, seek to re-open Facebook settlement. Again.


Winklevosses not done, seek to re-open Facebook settlement. Again.

It looks as if the Winklevoss twins aren’t going to go away quietly yet. Or anytime soon, for that matter.

According a Bloomberg report, Cameron and Tyler Winklevoss are seeking a review of an April 11 court ruling they lost enforcing a $65 million settlement with Facebook Inc. over their claims that company founder Mark Zuckerberg stole the idea for the social networking site.

The twins’ attorney, Jerome Falk, said in a court filing on Monday that the three-judge appeals court panel in San Francisco made an error when it rejected the Winklevoss brothers’ claims that the 2008 settlement should be voided because it was procured with fraud. Now they want their claim heard again — this time before a larger panel of the U.S. Court of Appeals in San Francisco.

The former Harvard University classmates of Zuckerberg’s continue to allege that Facebook didn’t disclose an accurate valuation of its shares before they agreed to the cash and stock settlement. The appeals court ruled that the accord barred any future lawsuits and was “quite favorable” to the twins. That accord is now worth $100 million more than its original amount. The Winklevosses alleged they should have received four times as many shares as the settlement provided.

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Andrew Noyes, a Facebook spokesman, said the company would comment in a statement today.

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