The deletion of internal chats, which were automatically wiped after 24 hours unless employees manually saved them, has become a point of contention across multiple cases against Google. The chat policy was in effect until February 2023, and it is now at the center of broader concerns over document retention and evidence preservation.
Broader Legal Implications
This is not the first time Google has faced scrutiny for its document retention policies. In a California case concerning the Google Play Store, a judge instructed jurors that they could infer the deleted messages held unfavorable evidence for Google. Similarly, a federal judge in Washington, D.C., criticized the company in an antitrust ruling over its search monopoly but stopped short of imposing an adverse inference.
The DOJ’s motion also challenged Google’s “Communicate with Care” policy, which allegedly discouraged employees from discussing sensitive topics via email or other preserved formats to avoid legal liability.
Google Chat Deletion Warning : Legal Teams Involved
The DOJ is represented by a large legal team from the Antitrust Division, while Google’s defense includes lawyers from Freshfields Bruckhaus Deringer LLP, Axinn Veltrop & Harkrider LLP, Paul Weiss Rifkind Wharton & Garrison LLP, and others.
