Advocacy Groups Call for Probe into Google Exec Over Alleged Document Destruction

Three advocacy organizations are ramping up pressure on Google and its President of Global Affairs, Kent Walker, calling for an investigation by the State Bar of California into allegations of improper destruction of company records. The American Economic Liberties Project, Check My Ads, and the Tech Oversight Project claim Walker played a key role in advising Google to engage in practices that allegedly resulted in the destruction of documents critical to several ongoing federal cases. The letter urging the investigation was first shared with The Verge.

The crux of the allegations revolves around a 2008 internal memo, known as the “Walker Memo,” which Walker wrote while serving as Google’s general counsel. This memo was recently highlighted in the Department of Justice’s (DOJ) high-profile antitrust trial against Google. According to The Verge, the memo encouraged the implementation of a policy to limit the retention of chat messages, marking a significant shift toward company secrecy. It allegedly changed the default chat setting from “history on” to “history off,” a move the DOJ argues was designed to hinder the preservation of potentially incriminating evidence.

The advocacy groups claim Walker coached Google employees on how to destroy records that might be discoverable in court. They argue that his conduct is unbecoming of a licensed attorney, urging the California State Bar to investigate his involvement. Per The Verge, the groups allege that Walker’s actions were unethical and violated both California law and his obligations as a member of the Bar. Furthermore, they accuse Walker of advising Google to adopt a “communicate with care” policy, which purportedly encouraged employees to misuse attorney-client privilege to shield sensitive business communications from scrutiny.

Read more: Federal Judge Grants Google a Stay on Android App Store Overhaul

In its defense, Google has dismissed the relevance of the 2008 memo in current legal disputes. In filings related to its ad tech case, Google stated that the memo predates the DOJ’s investigation by over a decade and instructs employees to preserve relevant chat messages if subject to a litigation hold. According to The Verge, a Google spokesperson emphasized the company’s commitment to preserving and producing documents, noting that millions of emails, chat messages, and other materials have been submitted in response to various legal inquiries.

Despite Google’s assertions, the company’s record-keeping policies have been a point of contention in multiple trials, including lawsuits brought by Epic Games and the DOJ. In these cases, opposing counsel has argued that Google’s lack of chat records hampers the discovery process and raises suspicion about the company’s transparency. Judges in these cases have refrained from issuing severe penalties but have warned that Google could face harsher consequences in future litigation. For instance, in the DOJ’s search antitrust trial, Judge Amit Mehta cautioned Google, saying it “may not be so lucky” in upcoming cases, though no sanctions were imposed at the time.

The advocacy groups are pushing for decisive action against Walker, suggesting penalties ranging from suspension to disbarment if the Bar finds ethical violations. Disciplinary actions of this magnitude are relatively rare. According to the State Bar’s 2023 data, of the 17,000 cases opened, only 243 attorneys faced discipline, with 76 resulting in disbarment.

If the Bar decides to pursue the matter, it could have serious implications for Walker’s role at Google and the company’s broader legal strategy. As Google faces increasing scrutiny over its business practices, the outcome of this inquiry could further complicate its legal battles.

Source: The Verge