The Department of Homeland Security has requested that Google approve the ongoing antitrust lawsuit.
The lawsuit was settled out of court, claiming that Google had a monopoly on Google. Restore the net The DOJ reported in an application that Google had instructed its employees on how to identify documents as “confidential” in order to hide the documents at the time of the discovery of the case:
“For nearly a decade now, Google has been training its employees to use attorney-client privileges to shield common business contacts from litigation and the discovery of government investigations. Specifically, Google teaches its employees to add an attorney, a privilege label, and a simple “request” for advice to the employee or Google for any sensitive business communication.
The petition states that U.S. District Court Judge Amit Mehta will order the release of further documents.
“[I]The immediate production of Google’s silent-attorney emails is a minimum relief that Google’s discovery process has been abused, “the memorandum said.
The DOJ provides a specific example of Google’s alleged practice:
“[O]n On July 16, 2019, a Google product manager updated two supervisors about negotiations with mobile-device maker LG for Google’s RSA. In the email, the product manager offered his recommendation and the supervisor in business negotiations with LG, seeking input from both non-attorneys. However, the product manager wrote before the email:Privileged and confidential . . . Kate – Please advise if necessary. “Kate Lee, In-House Counsel, was included in the” to “line (as taught by Google) but never responded. Google, however, basically blocked the entire email thread, including subsequent emails. The attorney was excluded from the discussion and only two non-attorneys were sent. “
The memorandum asks the judge to approve Google for this practice, a legal form of punishment:
“The use of Google’s attorneys to protect business communications extends to the entire company, including its leadership, and the company continues to operate after being notified by the judiciary and even after the lawsuit was filed. To prevent Google from abusing attorney-client privileges as a first step in healing and protecting relevant evidence in the future.