> The Court has repeatedly asked Google why it never mentioned Chat until the issue became a substantial problem. It has not provided an explanation, which is worrisome, especially in light of its unlimited access to accomplished legal counsel, and its long experience with the duty of evidence preservation. courts never stray "outside the case" but I wish they had said "...and google's long experience saving every sc…
This is the concept of "adverse inference", and Epic has indeed requested the court instruct the jury of this. However, at this time that hasn't been decided by the court.