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Google’s destruction of evidence draws comment from Wendy Musell in The Register

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Photo by Raquel Raclette on Unsplash

LVBH attorney Wendy Musell was interviewed for an article by The Register, a global online technology news publication, regarding Google employees’ willfully destroying evidence in the Android antitrust case. The issue at hand concerns a feature within Google Chat that allows for conversations to be automatically deleted after 24 hours. Despite a litigation hold being in place, employees were continuing to set the feature so that chats would not be retained.

In the article, Wendy states, “if the facts are as they’re portrayed in the briefing, it’s extremely disconcerting, and I would not want to be Google’s counsel today.”

“If they had a legal duty to preserve evidence, and they are intentionally destroying evidence, and also ensuring that evidence is automatically deleted after 24 hours, I think that’s going to be extremely difficult to explain to a judge,” she continued.

Ms. Musell’s observation was prescient, as the judge in the case sanctioned Google, finding that Google not only failed to adequately preserve records but also took steps to undermine the litigation.

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Disclaimer

Nothing in this website is intended in any way to form an attorney-client relationship or any other contract. It is designed solely to provide general information about the practice at Levy Vinick Burrell Hyams LLP.

Be mindful of any deadlines you have approaching that relate to your legal situation, and make sure that you meet them. Levy Vinick Burrell Hyams LLP does not assume any responsibility for advice given regarding any aspect of your case until you have a signed legal services agreement engaging the firm’s representation.

Though the firm provides free initial consultations, the firm retains complete discretion in every case to decide whether or not to provide a consultation to any person. Levy Vinick Burrell Hyams LLP makes no guarantees, warranties, or predictions about your case, and past success at the firm does not ensure future results will be the same. The photos on this website do not reflect actual attorney-client interactions.