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America August 27, 2024 4 mins read

Former Google Execs Seek to Block DOJ Subpoenas in Ad Tech Trial

America ı By Rochdi Rais

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Google Settles Suit Claiming It Pushed Out Older Men

Former Google executives have moved to block U.S. Department of Justice (DOJ) subpoenas forcing their live testimony in next month’s advertising technology monopolization trial. These former Google leaders argue that their depositions already provide compelling evidence, so coming in person would be superfluous and an unnecessary burden.

They underscore in a series of filings filed last Friday that they have already spent hours under deposition--both during the initial DOJ investigation and within discovery. They argue that these testimonies should suffice, allowing all of the people living away from Washington D.C. to remain at their respective houses across America.

Christopher LaSala, Google’s former managing director for publisher solutions strategy, now a professor at Columbia Business School, contends the DOJ failed to obtain court permission to subpoena individuals living more than 100 miles from the courthouse, a federal rule mandate.

“The discovery plan doesn’t support national subpoenas, let alone to Mr. LaSala,” his petition says, noting that the court's discovery plan never provides any specific grounds for demanding national subpoenas. LaSala resides in Connecticut.

Other ex-executives were making similar protests: Eisar Lipkovitz, former VP of engineering for Google's display and video ads group (now Rippling’s head product officer), Brad Bender, a former VP in the display and video ads division at Google (now a consultant). Other witnesses--like Samuel Cox, Scott Spencer, and Rahul Srinivasan--also argue that their previous statements should be sufficient for the DoJ’s case.

They argue that in-person testimony at the trial would be of little added value, when it's a bench trial rather than jury trial. With live testimony, for merit to be added and this is obviously nowhere near so guaranteed with a judge presiding, might make the necessary difference.

The subpoena for each of the ex-Google managers offers no specific date or time at all in which they must appear for cross examination by the lawyers representing DoJ. It leaves them in suspense about when they will actually have to present themselves at court.

Sharing the same legal team as Bender, Cox, and Srinivasan, Scott Spencer-who was previously VP of Product Management for Privacy and User Trust at Google and now acts as a strategic advisor-is also represented by McGuireWoods LLP.

The goal of the DOJ in this case is to prove that Google has built a monopoly over the tech used for serving and selling ads on third-party websites, especially display ads. The trial set for September at US District Court for the Eastern District of Virginia is part a much broader effort on the part of government to rein in Google power in digital advertising space.

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Rochdi Rais
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Rochdi Rais

Rochdi Rais is the Fractional Head of Growth and financial and legal writer at USA Herald. He has been writing and editing financial, legal and U.S. news for years with over +4000 articles published during his career.

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