Technology critics call for sanctions against a Google executive for deleted chats.

Three advocacy groups are intensifying pressure on Google over the alleged destruction of company records. The American Economic Liberties Project, Check My Ads, and the Tech Oversight Project have requested that the California State Bar investigate Kent Walker, Google's President of Global Affairs and a member of the bar. They allege that Walker "trained" the company to carry out widespread and illegal destruction of documents relevant to multiple ongoing federal lawsuits.

In a letter obtained exclusively, the groups highlight a 2008 memorandum that Walker sent to employees while serving as legal counsel. This memorandum, known as the Walker Memo, has been referenced in the most recent antitrust trial by the Department of Justice (DOJ), one of several cases in which Google is accused of hiding potentially incriminating documents. The document referred to "multiple significant legal and regulatory matters" that Google was facing at the time, thereby justifying a new policy that limited the retention of employee chat messages. According to the DOJ, this marked a turning point in the company's confidentiality policy, as Google changed the default setting of chats from "active history" to "history off."

In a legal filing related to the advertising technology case, Google dismissed the memorandum as an outdated and irrelevant document regarding its evidence retention policies. They argued that "the memo was written 11 years before the DOJ began its investigation and before there was any obligation to preserve information," and that it instructed employees to retain relevant chat messages when under litigation hold. However, advocacy groups maintain that Google employees "understood that the aim was to eliminate information that could be discoverable in the trial."

Additionally, it is alleged that Walker suggested the company implement a "cautious communication" policy that instructed employees to unnecessarily invoke attorney-client privilege in sensitive emails. The lack of Google records has been a recurring argument against the company in several trials. In at least three cases, including two brought by the DOJ and one by Epic Games, Google’s opponents have argued that its lack of conversation records should count against it.

Recently, in Google's advertising technology trial, government prosecutors repeatedly showed documents marked as "privileged and confidential," while witnesses struggled to explain why lawyers were involved in the email chains. Although many employees testified that disabled chats were used only for informal conversations, several acknowledged that they were occasionally included in substantive business discussions. While the company’s practices have not served it well in court, judges have not imposed severe sanctions so far.

Google spokesperson Peter Schottenfels stated that the company takes its obligation to preserve and produce relevant documents seriously, mentioning that its legal team has comprehensively responded to inquiries and litigation, producing millions of documents, including emails and chat messages. The advocacy groups seek to hold Walker accountable for his role in the lack of transparency, arguing that his behavior may be considered unethical and contrary to California state laws.

Ultimately, they are urging the State Bar to take disciplinary action against Walker and other Google lawyers who may have been aware of the company’s policies, calling for the imposition of the most severe possible sanctions, which could range from suspension to disqualification. However, such measures are relatively rare; in fiscal year 2023, 17,000 cases were opened, but only 243 attorneys were disciplined, including 76 disqualifications.