Lobby seeks sanction against Google exec over deleted chats

Google has been busy dealing with a number of legal cases related to its ad business model, Search engine technology, and even the Play Store. A common factor in several cases is the plaintiffs’ allegations of potential destruction of evidence by the company. Some judges have acknowledged these practices, but they have not resulted in serious consequences. Now, three advocacy groups want a Google exec to take responsibility for the deleted chats.

The Walker memo brought up controversial communication practices between Google employees

The “Walker Memo” came up during the antitrust trial for competitive practices in the AdTech business. The memo outlines a series of practices in communications between Google employees to keep the company safe in lawsuits. According to reports, the memo mandates the default disabling of chat history for sensitive conversations. This results in the automatic destruction of chats after 24 hours. According to legal documents, Google considered such practices as “communication with care.”

Kent Walker, Google’s chief legal officer, originally sent the memo to employees and managers in 2008. Judge Leonie Brinkema called the practices mentioned in the Walker memo “absolutely inappropriate.” Meanwhile, Google has defended itself by claiming that the content of the memo is old and irrelevant. After all, a lot may have changed in the company’s internal policies since 2008.

There have been no severe consequences against Google for such practices

In fact, Google claims that the actual content of the memo did not seek to do what the plaintiffs suggest. The memo “also instructs employees to take steps to preserve relevant Chat messages if they are subject to a litigation hold. That is the opposite of an attempt to destroy evidence,” the company claims. However, the advocacy groups believe that Google employees “understood the goal was to remove information that might be discoverable at trial.”

The American Economic Liberties Project, Check My Ads, and the Tech Oversight Project are the three advocacy groups highlighting this issue. The lobby aims to prevent the overlooking of practices that could have benefited Google during trials. At least three recent trials have involved plaintiffs alleging the Walker memo practices. Although judges in cases such as Epic Games and the Google Search service recognized these practices, there were no serious consequences against the company.

That said, it is possible that the potential destruction of evidence has not helped Google as much as is believed. The company lost the case against Epic Games, for example. It has also failed to leave a positive impression on the judges, a factor that could potentially impact future lawsuits.

Lobby groups want sanctions against Google exec for memo that led to deleted chats

Anyway, the lobby wants direct consequences, if not against Google, then against Kent Walker. “At a minimum, Mr. Walker’s failure to ‘take affirmative steps to preserve and safeguard relevant evidence’ is conduct unbecoming of an attorney licensed by the California State Bar.” They claim. Advocacy groups also criticize the Google executive’s behavior, saying that it is “plainly unethical and violates both California State Law and Walker’s ethical obligations as a member of the California State Bar.”

Their letter instructs the State Bar of California to investigate Kent Walker. The group is seeking “swift action to penalize Mr. Walker to the full extent of the law.” Potential sanctions against the executive could range from suspensions to total disbarment. However, the precedents do not support this goal, as such sanctions are relatively uncommon. Out of 17,000 cases opened in 2023, only 243 attorneys received penalties, with just 76 of them being disbarred.