After dismissing the jury, Judge James Donato had some pointed questions for Google CEO Sundar Pichai about preserving evidence, most prominently:
Is it your understanding that from 2008 through today and every day in-between, it had been Google’s policy to let each individual employee who was subject to a litigation hold to decide whether or not to preserve a chat?
Pichai answered yes. Outside of some recent changes, “The employees have to make the decision.”
What were the changes? “My understanding is we change the chat to be default-on now for all Googlers.”
“So it’s done a 180, the default now is on for all employees unless someone opts out?” Yes, as of Q1 of this year.
We’re going on lunch — and Pichai is done being a witness. We might come back with Android boss Hiroshi Lockheimer.
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