DOJ Says Google Is Hiding Documents in Antitrust Suit

Google is misusing attorney-client privilege to hide business documents relevant to DOJ’s antitrust lawsuit against Google, DOJ argued Monday in a filing before the U.S. District Court in Washington in docket 1:20-cv-03010. DOJ asked the court to sanction Google for its “extensive and intentional efforts.” Google “explicitly and repeatedly instructed" employees to "shield important business communications from discovery by using false requests for legal advice,” the department claimed. Employees routinely added “in-house counsel to business communications” and other privilege labels when no legal advice was actually needed, sought or received, DOJ said. The court should order full production of withheld and redacted emails where “in-house counsel was included in a communication between non-attorneys and did not respond,” DOJ said. Or the court could rule the emails aren’t privileged, DOJ said.