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Google’s Document Practices Under Fire Amid Antitrust Allegations

By  |  September 22, 2024

In a twist in Google’s antitrust trial, the U.S. Department of Justice (DOJ) has accused the tech giant of deliberately destroying evidence that could be critical to its defense. The DOJ alleges that Google employees engaged in questionable practices designed to hide potentially damaging communications, including marking emails as “privileged and confidential” and holding “off the record” chats, even after the company was instructed to preserve these discussions as part of the investigation.

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    Per The Verge, Google staff were instructed to be particularly cautious in their written communications through internal training programs like “Communicate with Care,” with the understanding that their messages could be subject to review by regulators. These training programs reportedly encouraged employees to add legal team members to sensitive conversations, a move intended to classify those discussions as privileged, and thus shield them from legal scrutiny.

    In recent court proceedings held in Virginia, the DOJ presented evidence suggesting that Google employees frequently circumvented document preservation rules. According to testimony from former Google employees, including Chris LaSala, a former sell-side ad executive, the company’s internal chat systems were set to automatically disable chat history by default. Employees had to manually turn on chat history if they wanted conversations to be preserved. Many admitted to rarely altering these settings, even during discussions about significant business matters. LaSala himself acknowledged instructing others to turn off chat history when sensitive topics were being discussed.

    Read more: Google Challenges $217 Million Legal Fee Demand in Privacy Case

    The consequences of these actions could be severe for Google. If the court determines that the company intentionally destroyed or concealed evidence, the judge could issue an adverse inference ruling, which would assume that the missing evidence would have been unfavorable to Google’s defense. This ruling could significantly weaken the company’s position in the trial.

    Google has insisted that it takes its legal obligations to preserve documents seriously, but these new revelations have raised fresh concerns. A previous ruling in a separate antitrust case involving Google’s search business had already warned the company about its failure to properly preserve chat communications. In that case, the judge noted that Google might not be “so lucky” in future legal battles, underscoring the seriousness of the issue.

    As the trial continues, Google is facing increased scrutiny over its internal communication practices. The outcome of this case could set a major precedent for how tech companies handle sensitive information in antitrust investigations. According to The Verge, the allegations, if proven true, could mark a turning point in the trial, potentially leading to significant repercussions for Google’s defense strategy.

    Source: The Verge