Julie Manganis
December 26, 2025
Atty Lowell Gets Delay In EBay Trial Amid NY AG Case Work

4 min
AI-made summary
- A Massachusetts federal judge has postponed the trial in a cyberstalking lawsuit against eBay and several former executives from January 5 to March 2, 2026, at the request of defense attorney Abbe David Lowell, who cited scheduling conflicts due to other high-profile cases
- The lawsuit, brought by bloggers Ina and David Steiner, alleges harassment by eBay employees following critical coverage
- Seven eBay employees have pled guilty to related criminal charges, and eBay paid a $3 million penalty.
A Massachusetts federal judge on Monday agreed to postpone the trial in a cyberstalking lawsuit against eBay and several former executives at the request of defense attorney Abbe David Lowell, who had cited his ongoing work for several high-profile clients, including New York Attorney General Letitia James in the Trump administration's criminal prosecution.
During a hearing, U.S. District Judge Patti B. Saris reluctantly yielded to Lowell's schedule by moving the trial from Jan. 5 to March 2, when Lowell will defend eBay CEO Devin Wenig against civil claims by bloggers Ina and David Steiner.
Lowell is also representing James in her mortgage fraud case, as well as two other matters — Federal Reserve Board Gov. Lisa Cook's challenge to the Trump administration's effort to remove her, and an obstruction charge against Service Employees International Union California President David Huerta over his arrest at a U.S. Immigration and Customs Enforcement protest.
Lowell apologized to the sizable number of lawyers representing other parties in the case, then indirectly blamed the Trump administration and U.S. Department of Justice for taking actions that resulted in his busy schedule.
As Lowell began describing upcoming motions in the James case, a U.S. Supreme Court hearing and a likely trial in the Huerta case, the judge interrupted, telling him that while she appreciates the national significance of Lowell's other matters, she's also contending with a four-plus-year-old lawsuit with multiple parties, a trial likely to take a month, a court calendar that is filling up and a jury pool administrator who needs six weeks advance notice.
"We planned around this trial," Judge Saris said.
The Steiners, in a response to Lowell's request for a continuance, called it "nothing more than a last-ditch tactic to delay judgment against" Wenig "as long as possible," and that the willingness of counsel for eBay to go along with the postponement "is no surprise," as it allows them to put off their inevitable liability. The couple also said that Lowell was aware of the trial date in their suit when he entered his appearances in the other cases.
The Steiners run a blog called EcommerceBytes from their home in the Boston suburb of Natick. After publishing a story critical of Wenig's leadership and spending decisions in 2019, they say they suffered a relentless campaign of harassment by eBay employees.
The couple said they received disturbing mailings including live insects, a bloody pig face mask, a funeral wreath and other unsolicited items, while neighbors were sent pornographic materials with David Steiner's name on the envelope, and someone posted an online ad inviting strangers to the couple's home.
When the Steiners sought help from the police, eBay employees attempted to thwart the investigation, the couple said.
Seven eBay employees have pled guilty to criminal charges, and the company itself paid a $3 million criminal penalty and entered a deferred prosecution agreement last year.
The Steiners also pursued civil claims against the online retailer, as well as Wenig, Communications Director Steven Wymer, Vice President of Global Operations Wendy Jones, several lower-level employees and a company that provided security for eBay. After a motion for summary judgment ruling in August and several settlements, the surviving claims against eBay, Wenig, Wymer and Jones were set to go to trial just after the new year.
The judge's decision Monday pushes jury selection to March 2.
"Mr. Lowell, no more cases, all right?" Judge Saris told Lowell.
The judge made several pitches to let veteran Boston defense attorney Martin G. Weinberg, who is part of Wenig's legal team, take over Lowell's role on the case, at one point quipping, "I know you're really important, but Marty Weinberg is one of the best lawyers in Boston, so Mr. Wenig would be well-represented."
Lowell said Wenig has never met Weinberg, and if forced to proceed with the January date, would seek to hire new counsel instead.
Weinberg demurred later in the hearing, telling Judge Saris that while he appreciates the judge's kind words, his role in the case is somewhat limited.
Judge Saris was not deterred. "Mr. Weinberg, to the extent there are individual things you could get involved with, I'd encourage you to do so," Judge Saris told the attorney, saying she does not want another delay in the case. "I can't keep doing this."
The Steiners and Steiner Associates LLC/eCommerceBytes are represented by Andrew G. Finkelstein, Brian D. Acard, Kenneth B. Fromson and Lawrence D. Lissauer of Finkelstein & Partners LLP, Marc A. Diller of Diller Law LLP, Christopher R. Murphy of Scalli Murphy Law PC, Todd S. Garber, Erin Kelley and Bradley Silverman of Finkelstein Blankinship Frei-Pearson & Garber LLP, and Max Finkelstein of Jacoby & Meyers LLP.
EBay is represented by Jack W. Pirozzolo, Kathryn L. Alessi, Scott T. Nonaka, David A. Goldenberg, Daniel J. Feith, Lucas Croslow and Emily A. Rose of Sidley Austin LLP.
Wenig is represented by Martin G. Weinberg of Martin G. Weinberg PC, and Abbe David Lowell and Kelly A. Librera of Winston & Strawn LLP.
Wymer is represented by Caz Hashemi, Morris J. Foderman, Nick Guenther, Staci E. Cox, Melissa Mills, Kevin G. Heiner, Trevor Templeton and Michelle Dang of Wilson Sonsini Goodrich & Rosati PC, and Lon F. Povich of Anderson & Kreiger LLP.
Jones is represented by Andrew J. O'Connor, Brien T. O'Connor, Casey Stewart, Christopher Durham, Sarah E. Walters, William L. Roberts and Jesse R. Coulon of Ropes & Gray LLP.
The case is Steiner et al. v. eBay Inc. et al., case number 1:21-cv-11181, in the U.S. District Court for the District of Massachusetts.
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Julie Manganis
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