State Bar complaint filed against Google executive over alleged evidence destruction

In a significant development that occurred on October 21, 2024, three prominent tech advocacy groups filed a formal complaint with the California State Bar against Kent Walker, Google's President of Global Affairs. The American Economic Liberties Project, Check My Ads, and the Tech Oversight Project have accused Walker of orchestrating systematic evidence destruction relevant to multiple federal antitrust trials.

The controversy centers around a 2008 memo, known as the "Walker Memo," which Walker authored while serving as Google's General Counsel. According to the Department of Justice, this memo marked a pivotal shift in Google's internal communication policies, fundamentally changing how the company preserved electronic records.

Technical Details of Evidence Management Protocol

The Walker Memo implemented two significant technical changes to Google's communication systems. First, it modified the default setting for all employee chats from "history on" to "history off," internally dubbed "Vegas mode," which automatically deleted messages after 24 hours. Second, it established a mandatory training program called "Communicate with Care" that instructed employees to conduct sensitive discussions "off the record."

Judicial Response to Evidence Handling

Multiple federal judges have expressed serious concerns about Google's evidence preservation practices:

• Judge Leonie Brinkema of the Eastern District of Virginia characterized Google's actions as "a clear abuse of privilege" in August 2024
• Judge Amit Mehta of the District of Columbia District Court deemed the behavior "negligent" and "shocking"
• Judge James Donato of the Northern District of California called it "the most serious and disturbing evidence I have seen in my decade on the bench"

Legal Framework and Professional Conduct Implications

The complaint cites specific violations of California State law and the Professional Code of Conduct, including:

• Failure to maintain respect due to courts of justice
• Violation of the duty to preserve electronically stored information
• Potential breach of Federal Rule of Civil Procedure 37(e)

Impact on Federal Antitrust Cases

The document destruction has affected multiple federal lawsuits. According to court records, "potentially thousands" of relevant chats and documents were destroyed. In one instance, when questioned about 140,000 documents claimed as privileged, 98,000 were subsequently submitted to the Justice Department.

Key Facts

• Date of Complaint: October 21, 2024
• Walker's Bar License: Active since 1987
• Position: President of Global Affairs, Google (formerly General Counsel 2006-2018)
• Affected Cases: Multiple federal antitrust trials
• Document Retention Policy: 24-hour deletion period
• Judicial Venues: Eastern District of Virginia, District of Columbia District Court, Northern District of California