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Google CEO: “can we change the setting of this group to history-off” [pdf]

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Re: Google CEO: “can we change the setting of this group to history-off” [pdf]

#61
post #38

I moved from an HFT firm to Google. The attitude difference with respect to document holds was hilarious. At the HFT firm, the attitude was, "we're constantly being sued (by the SEC and others), so we treat all of our records like they're under litigation holds, just in case the SEC claims they wanted them, even the off-topic slack channels." At Google, the attitude was, "we're constantly getting sued, so we treat al…

Finance is default not trusted. If documents are missing, fraud is presumed. Tech doesn’t seem to have reached that point just yet.

At my company (not finance, and never gotten sued), documents are ephemeral primarily due to GDPR reasons.

Many of them contain various personal data of clients and/or employees, legal makes us specify for how long each service needs to hold on to it, and purge as soon as possible to minimize chance of leaks.

Re: Google CEO: “can we change the setting of this group to history-off” [pdf]

#62
post #3

Then, nine seconds later, Mr. Pichai apparently attempted (unsuccessfully) to delete this incriminating message. lol

Also this: "When asked under oath about the attempted deletion of the message, Mr. Pichai had no explanation, testifying “I definitely don’t know” and “I don’t recall.” "

Though if you asked me about deleting a message months ago I probably wouldn't remember it.

Re: Google CEO: “can we change the setting of this group to history-off” [pdf]

#63

Relevant, from Matt Levine's Money stuff (regarding SEC recordkeeping rules, which are similar but not quite the same as litigation holds): > We have talked before about the SEC’s probe into how the employees of big banks discussed their work in text messages and chat apps like WhatsApp on their personal cell phones. The SEC has collected big fines from the biggest banks because, it has said, these chats violated the…

Mind linking the post you're quoting?

[deleted]

Re: Google CEO: “can we change the setting of this group to history-off” [pdf]

#64
post #26

Earlier quoted context omitted.

https://support.google.com/vault/answer/7664657?hl=en

mmm i'm looking for the legal documentation/language that requires google to hold the data for this particular topic. because i'm in agreement with the grandparent comment that why is the topic subject to legal holds vs just having a meeting in person? Are in person meetings rquired to have a voice recorder present? it seems like a weird legal precedent.

You aren't required to make recordings. But if you made a recording, then you can't slate it for deletion. By disabling history, they're setting it up so records are deleted after 24 hours, instead of kept indefinitely.

In the court's eyes, it's analogous to writing notes to each other, only to burn them the next day.

Re: Google CEO: “can we change the setting of this group to history-off” [pdf]

#65

I moved from an HFT firm to Google. The attitude difference with respect to document holds was hilarious. At the HFT firm, the attitude was, "we're constantly being sued (by the SEC and others), so we treat all of our records like they're under litigation holds, just in case the SEC claims they wanted them, even the off-topic slack channels." At Google, the attitude was, "we're constantly getting sued, so we treat al…

This probably isn't because of litigation holds, actually, this is because finance firms are under SEC record-keeping rules, which require the preservation of ALL internal written communications, regardless of whether they're currently being sued or not. It's a bit of a different beast. See https://www.bloomberg.com/opinion/articles/2023-02-02/the-se... which covers some ... interesting recent developments of this rule and its application

Re: Google CEO: “can we change the setting of this group to history-off” [pdf]

#69

Earlier quoted context omitted.

Thanks, I'm not familiar with what a legal hold is. Would they be obliged to take audio recordings or minutes of meetings due to this?

Not a lawyer. When a legal hold is issued, the company is instructed not to destroy potential evidence related to the case. They don’t have to perform additional recordings and minutes. But they exist, they can’t destroy it.

Who gets to decide what is "potential evidence"? If we're going to play language games, turning the chat history off doesn't really destroy anything, just prevents the paper trail from being created.

Re: Google CEO: “can we change the setting of this group to history-off” [pdf]

#70
post #38

Earlier quoted context omitted.

Finance is default not trusted. If documents are missing, fraud is presumed. Tech doesn’t seem to have reached that point just yet.

At my company (not finance, and never gotten sued), documents are ephemeral primarily due to GDPR reasons. Many of them contain various personal data of clients and/or employees, legal makes us specify for how long each service needs to hold on to it, and purge as soon as possible to minimize chance of leaks.

It’s a funny intersection of hold requirements. Litigation and one set of compliance requires holding records for at least this much time, GDPR and other such things require keeping records no more than some particular time. I haven’t seen the case when the intersection is an empty interval. But I imagine then one would choose to justify breaking one of the least important ones.
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