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“We hope to catch that kind of mistake during our normal discovery review.”

A point Walker tried to make to Epic but is now making more freely under Google’s more friendly questioning: he believes Google’s normal process should catch any “fake privilege” attempts.

“Sometimes they just make mistakes,” Walker says of Google’s business employees. “They think of the word privileged as similar to confidential, but we try to catch that during the discovery process.”

“We produce more documents than any company I can think of,” he says.