Epic v. Google: everything we learned in Fortnite court
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Here’s what the Epic v. Google judge says he already decided about the deleted Google chats:
Google employees used chat for substantive business discussions.
Google could have turned chat history to on as a default setting but chose not to.
Google did not follow up with the custodians in this case to audit or monitor their chat preservation decisions or practices.
Google [was] unable or unwilling to follow the instructions to preserve chats.
Each employee was effectively left to make his or her own call as to whether to preserve a chat communication or not.
And that’s before we even got to “fake privilege”. The judge says he found the testimony of a Google lawyer who discussed that last bit in court “to be evasive and not credible.”
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