Evidence presented in the Justice Department’s second antitrust trial against Google shows that employees chatted “off the record” and commonly marked emails “privileged.”
Google employees liberally labeled their emails as “privileged and confidential” and spoke “off the record” over chat messages, even after being told to preserve their communications for investigators, lawyers for the Justice Department have told a Virginia court over the past couple of weeks. That strategy could backfire if the judge in Google’s second antitrust trial believes the company intentionally destroyed evidence that would have looked bad for it.
Though LaSala said he turned history on, he wasn’t sure the first message would be preserved. LaSala said he put that message in an email just in case. In general, LaSala said, “We were really good at documenting ... and to the extent I made a mistake a couple times, it was not intentional.” Brad Bender, another Google ad tech executive who testified earlier in the week, described conversations with colleagues over chat as more akin to “bumping into the hall and saying ‘hey we should chat.
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