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Judge finds Google destroyed evidence and repeatedly lied to the court [pdf]

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Re: Judge finds Google destroyed evidence and repeatedly lied to the court [pdf]

#81
post #69
post #15

> 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…

> i think when a court finds you have deleted evidence, that the information deleted is assumed to be evidence against you This is why Alex Jones lost his civil actions: he was so intransigent about refusing to produce evidence that the judge determined he was guilty.

Also when his lawyer accidentally provided the evidence it showed he was guilty.

Re: Judge finds Google destroyed evidence and repeatedly lied to the court [pdf]

#82

The disappearing chat messages were a pain in the ass for employees too.

"The disappearing chat messages were a pain in the ass for employees too."

This disappearing chat messages are a pain in the ass for employees, but they were a pain in the ass for employees too.

Re: Judge finds Google destroyed evidence and repeatedly lied to the court [pdf]

#83

It's a useful reminder not to pay attention to legal commentary from HN, most of the comments were saying that Google did nothing wrong w.r.t. these messages.

Ah, the stodgy old "only ever discuss things with experts" advice.

No, more like "don't listen to smug programmers when they tell you they have a foolproof strategy for beating the legal system that relies purely on technology."

Re: Judge finds Google destroyed evidence and repeatedly lied to the court [pdf]

#85

> The record demonstrates otherwise. An abundance of evidence establishes that Google employees routinely used Chat to discuss substantive business topics, including matters relevant to this antitrust litigation. > Google left employees largely on their own to determine what Chat communications might be relevant to the many critical legal and factual issues in this complex antitrust litigation. All true. I'm just gla…

Some businesses, not sure on google, will actually have lawyers on most meetings in order to circumvent subpoenas as it's "protected" discussions that way... I don't recall the details, just rememember seeing a report on the practice.

If you want to hear SCOTUS explore the limits of attorney-client privilege, including extensive discussion on just this practice, the oral arguments for In re Grand Jury are well worth a listen:

https://www.oyez.org/cases/2022/21-1397

(SCOTUS ultimately decided to punt the case.)

Re: Judge finds Google destroyed evidence and repeatedly lied to the court [pdf]

#86

> The record demonstrates otherwise. An abundance of evidence establishes that Google employees routinely used Chat to discuss substantive business topics, including matters relevant to this antitrust litigation. > Google left employees largely on their own to determine what Chat communications might be relevant to the many critical legal and factual issues in this complex antitrust litigation. All true. I'm just gla…

Some businesses, not sure on google, will actually have lawyers on most meetings in order to circumvent subpoenas as it's "protected" discussions that way... I don't recall the details, just rememember seeing a report on the practice.

Google’s legal training specifically says that this won’t work and don’t do it anyway.

Re: Judge finds Google destroyed evidence and repeatedly lied to the court [pdf]

#87

> The record demonstrates otherwise. An abundance of evidence establishes that Google employees routinely used Chat to discuss substantive business topics, including matters relevant to this antitrust litigation. > Google left employees largely on their own to determine what Chat communications might be relevant to the many critical legal and factual issues in this complex antitrust litigation. All true. I'm just gla…

Some businesses, not sure on google, will actually have lawyers on most meetings in order to circumvent subpoenas as it's "protected" discussions that way... I don't recall the details, just rememember seeing a report on the practice.

"If you're committing an ongoing crime and you involve your lawyer in it, there's no privilege involved. That's not an attorney. It's an accomplice."

http://doctorcleveland.blogspot.com/2018/04/don-corleones-gu...

> Later on, when Don Corleone is incapacitated, [the lawyer] Hagen sits in on a five-person strategy meeting where at least three murders are ordered. Hagen can't claim attorney-client privilege for any of that. Passing the bar is not a license to kill. Hagen is sitting there when his foster-brother Sonny orders a disloyal subordinate named Paulie Gatto killed. If the Gatto murder ever went to trial, Hagen would not be a lawyer but a defendant.

Re: Judge finds Google destroyed evidence and repeatedly lied to the court [pdf]

#88
post #79

Earlier quoted context omitted.

Some businesses, not sure on google, will actually have lawyers on most meetings in order to circumvent subpoenas as it's "protected" discussions that way... I don't recall the details, just rememember seeing a report on the practice.

Just having a lawyer in the room doesn’t make the conversation privileged. It’s a conversation with the lawyer that is privileged, so they actually have to be a participant.

Uhh...it's also not privileged, if the lawyer is participating in the discussion about ongoing planning of criminal activity.

http://doctorcleveland.blogspot.com/2018/04/don-corleones-gu...

> [The lawyer] Hagen is not only party to that decision but party to a detailed discussion of methods. He cannot pretend attorney-client privilege here either.

Re: Judge finds Google destroyed evidence and repeatedly lied to the court [pdf]

#89

> The record demonstrates otherwise. An abundance of evidence establishes that Google employees routinely used Chat to discuss substantive business topics, including matters relevant to this antitrust litigation. > Google left employees largely on their own to determine what Chat communications might be relevant to the many critical legal and factual issues in this complex antitrust litigation. All true. I'm just gla…

I wonder how corporations are going to adapt to a world where more and more meetings are transcribed and summarized by language models. Adopting that technology, while it's a productivity boost, will expose companies to vastly greater amounts of liability. There are a lot of comments that can get made off-hand in a meeting that would never make it into chat, let alone an email.

Re: Judge finds Google destroyed evidence and repeatedly lied to the court [pdf]

#90

Earlier quoted context omitted.

Some businesses, not sure on google, will actually have lawyers on most meetings in order to circumvent subpoenas as it's "protected" discussions that way... I don't recall the details, just rememember seeing a report on the practice.

"If you're committing an ongoing crime and you involve your lawyer in it, there's no privilege involved. That's not an attorney. It's an accomplice. " http://doctorcleveland.blogspot.com/2018/04/don-corleones-gu... > Later on, when Don Corleone is incapacitated, [the lawyer] Hagen sits in on a five-person strategy meeting where at least three murders are ordered. Hagen can't claim attorney-client privilege for any of…

Sounds like the comment you replied to is a case of this: https://www.youtube.com/watch?v=75iv3RKQUAM
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