Google is facing antitrust pressures from regulators in both the U.S. and Europe, with some insisting that it must give up its Chrome browser to solve what critics say is a conflict of interest.
The constant threat of litigation has led Google to establish a "culture of concealment" among its employees, The New York Times charges in today's editions.
In reponse, Google said it has "produced millions of documents" over the years.
In 2008, as Google faced lawsuits and antitrust scrutiny, its executives sent employees a memo urging caution in written communications, the Times report said. They warned that regulators or rivals could use casual or speculative comments against the company in legal cases.
Employees were advised to avoid sarcasm, wait for all facts before commenting, and think carefully before discussing sensitive topics. Google's instant messaging tool was also set to "off the record," automatically deleting messages after a day, according to the Tiimes.
This memo marked the start of a 15-year effort to limit the retention of internal communications. Google encouraged employees to label documents as "attorney-client privileged" and include lawyers in emails, even when legal advice wasn’t needed. Instant messaging was excluded from automatic legal preservation, leaving employees to decide whether to save chats, and most didn’t, the report said.
Google denied the Times' allegations
“We take seriously our obligations to preserve and produce relevant documents. We have for years responded to inquiries and litigation, and we educate our employees about legal privilege," Google said in an email statement. "In the DOJ cases alone, we have produced millions of documents including chat messages and documents not covered by legal privilege.”
Google’s alleged practices came to light during recent antitrust trials, as plaintiffs examined emails, memos, and messages to prove monopoly behavior, the Time said. The evidence showed Google’s extensive efforts to control internal communications, reflecting a broader corporate trend.
Many companies prefer instant messages to remain as temporary as spoken conversations, but regulators and courts view them as valid evidence and say they should be preserved in case they are needed in future litigation.
For example, in 2023, the Federal Trade Commission (FTC) accused Albertsons executives of deleting business-related text messages about a proposed merger with Kroger, potentially violating legal preservation rules.
While a judge criticized Albertsons for failing to keep records, no penalties were imposed. This clash highlights the ongoing tension between corporate communication policies and legal requirements.