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Judge Accuses Google of ‘Clear Abuse’ in Antitrust Case Over Deleted Employee Chats

By  |  August 29, 2024

In a high-stakes antitrust trial involving employee chats, Google has been accused of “clear abuse of privilege” by U.S. District Judge Leonie Brinkema. This criticism arises from the company’s policy of automatically deleting employee chat records, a move that could significantly impact the ongoing Justice Department (DOJ) investigation into Google’s alleged dominance in digital advertising.

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    According to the New York Post, Judge Brinkema’s remarks came during a hearing where she considered the DOJ’s request for an “adverse inference” ruling against Google. This would allow the court to infer that Google intentionally destroyed evidence pertinent to the case. The controversy centers around a 2008 memo from Google’s chief legal officer, Kent Walker, which recommended that employees disable their chat history—a practice known internally as “Vegas mode,” leading to automatic deletion of messages after 24 hours.

    Judge Brinkema criticized Google’s practices, stating, “I certainly do not mind saying [this] is not the way in which a responsible corporate entity should function,” as reported by AdWeek. The judge’s comments mark a significant setback for Google, which is facing a potential breakup of its digital advertising operations, a sector that generated over $300 billion in revenue last year.

    The antitrust case, which begins on September 9, follows a recent ruling by U.S. District Judge Amit Mehta, who found Google in violation of antitrust laws in a separate case concerning its online search business. Brinkema, who will preside over the current trial, described the Walker memo as containing “incredible smoking guns” and hinted that she may draw negative inferences about Google’s handling of evidence.

    Read more: Google Fights DOJ’s Witness List Ahead of High-Stakes Antitrust Trial

    While no formal ruling was issued during the hearing, Judge Brinkema suggested that significant evidence might have been lost due to the auto-delete policy. A Google spokesperson declined to comment on the specifics, but the company has previously denied any wrongdoing, stating that it has provided millions of documents in response to legal requests.

    The company’s handling of evidence has been a recurring issue in various antitrust probes. In a related case, Judge Amit Mehta criticized Google for its negligence in preserving chat records, though he chose not to impose sanctions. “The court’s decision not to sanction Google should not be understood as condoning Google’s failure to preserve chat evidence,” Mehta stated, emphasizing the risks for any company that relies on employees to manage evidence preservation.

    Further compounding Google’s legal troubles, U.S. District Judge James Donato had similarly condemned the company’s auto-erase policy during a December trial involving Epic Games, the maker of “Fortnite.” Donato described the deletion of key chat logs as “a frontal assault on the fair administration of justice,” underscoring the severity of the issue.

    As the trial progresses, Google CEO Sundar Pichai has reportedly taken steps to end the controversial auto-erase policy, but the damage to the company’s legal standing may have already been done.

    Source: The New York Post