A recent report has uncovered that Google has been advising its employees to delete certain messages and avoid using specific language to prevent antitrust lawsuits. This practice, which started in 2008 after scrutiny over an advertising deal with Yahoo, continued for years as part of the company’s efforts to protect itself from legal consequences.
While Google is known for handling vast amounts of information globally, it took steps to limit internal communication to avoid potential legal issues. The details of this strategy, which involved deleting messages and discouraging certain discussions, were revealed in a report by The New York Times.
The Memo That Triggered the Actions
In 2008, following an advertising agreement with Yahoo, Google became a target of antitrust concerns. To shield itself from potential legal fallout, the company sent a confidential memo to its employees. The memo advised them to avoid speculation, sarcasm, and discussing certain sensitive topics. Employees were told to wait for “all the facts” before commenting on controversial issues.
Changes to Technology for Message Deletion
To ensure messages didn’t linger, Google modified its technology. Instant messaging settings were adjusted to “off the record,” meaning that any casual comments would be deleted within 24 hours. The company also suggested that employees label documents as “attorney-client privileged,” even if no legal matters were involved. Additionally, adding a lawyer to an email chain, even if they didn’t respond, was another tactic used to protect the company from possible legal action.
Avoiding Document Retention Laws
U.S. law requires companies to preserve evidence when facing litigation, but Google took steps to bypass this requirement for instant messages. Workers had to manually activate the function to save chat history, although few did so, as evidenced in multiple antitrust cases.
Judges Criticize Google’s Evidence Suppression
Google’s communication practices have faced severe criticism in high-profile antitrust trials. In 2020, Judge James Donato, overseeing the Epic Games case, condemned Google’s actions as “a frontal assault on the fair administration of justice.” Similarly, in a case involving Google’s advertising technology, a judge in Virginia suggested that the company’s document retention system may have led to the destruction of important evidence.
Issues with Document Management
Even though Google produced more emails than the average company, its document retention practices were often questioned. Kent Walker, the company’s chief legal officer, testified that managing the sheer volume of documents contributed to Google’s decision to limit or delete certain records. However, he denied any intention to conceal evidence.
Policy Changes in 2023
In response to legal pressures, Google adjusted its internal policies in 2023. The company now retains all communications, including chats, by default. Employees who are under litigation holds are no longer able to disable chat history, marking a shift in Google’s approach to legal compliance.
