Google has, yet again, attempted to avoid providing information to DOJ. Color me shocked…NOT!
Light Privilege
Search Giant Ironically Hides Info
NY Post: “Google CEO hid emails from feds with phony ‘attorney-client’ claims: DOJ”
“Top Google executives including CEO Sundar Pichai used phony claims of ‘attorney-client privilege’ to hide thousands of emails from federal scrutiny and other possible legal proceedings, according to the Justice Department.
“Executives including Pichai participated in the search giant’s internal practice, which was called ‘Communicate with Care,’ and may have unfairly ‘camouflaged’ thousands of documents from scrutiny, the department said in a Monday filing in Washington, DC, federal court.”
How
“‘Google has explicitly and repeatedly instructed its employees to shield important business communications from discovery by using false requests for legal advice,’ attorneys for the Justice Department wrote.
“Specifically, Google teaches its employees to add an attorney, a privilege label, and a generic ‘request’ for counsel’s advice to any sensitive business communications the employees or Google might wish to shield from discovery.”
“‘In these email chains, the attorney frequently remains silent, underscoring that these communications are not genuine requests for legal advice but rather an effort to hide potential evidence,’ the Justice Department said.”
WSJ: “The government filing says that ‘generic statements such as ‘[attorney,] please advise,’ ‘adding legal,’ or ‘adding [attorney] for legal advice’ appear in thousands of Google documents.”
Reuters: “‘Often, knowing the game, the in-house counsel included in these Communicate-with-Care emails does not respond at all,’ the department said, adding that many of the emails had to do with revenue share agreements that Google had struck with other companies.”
Nice Try
WSJ: “Legal scholars said qualifying for attorney-client privilege requires more than copying a company lawyer on an email or seeking general legal advice.
“‘The historical purpose of the privilege is to give lawyers the ability to be involved in frank conversations with the client so as to deter misconduct—prevent it before it happens—not to protect misconduct against disclosure,’ said Michele DeStefano, a University of Miami law professor.”
Stay Tuned
The Hill: “[U.S. District Court Judge Amit] Mehta will hold a hearing on April 8 to determine whether Google improperly shielded documents from the reach of prosecutors.”
There may be some small hope they are required to provide the requested documents based on the judge hearing the case.