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It is surprising that Google did not push the court to appoint a third party discovery firm to handle the device imaging process and to provide a report to the
by ABCLAW 10y ago
It is surprising that Google did not push the court to appoint a third party discovery firm to handle the device imaging process and to provide a report to the court.
Maybe both parties' intense desire for privacy in this matter has driven Google to this strategy.
The seeming ludicrousness of the result - Alsup's "go try again, harder this time" - is not caused by this case's parties playing badly. It is caused by poorly defined and understood laws surrounding what constitutes a defensible search. Data handling in this stage of legal proceedings is imperfect, and can be manipulated by both parties to drive up the cost of litigation, or to strategically avoid disclosing the key breadcrumb documentation that would otherwise have led to the smoking gun(s).
Edit: Please find the court reporter transcript here: http://www.documentcloud.org/documents/3533784-Waymo-Uber-3-29-17.html#text/p3 http://www.documentcloud.org/documents/3533784-Waymo-Uber-3-...
Judge Alsup's comments are fairly aggressive in comparison to most commercial litigation, but the no-nonsense tone is par for the course.
- wapz 10y agoI'm really surprised at how the search is going too (by the article). "Go find these documents." "Didn't find them." "Okay go again." "Okay." Now if you're an employee that has any of those documents and you weren't searched the first time, there's no way you'll be caught with the documents by the time the second search starts.
- andreareina 10y agoMy reading is that it's not the results being judged, but the process of the search. Given the high confidence that seems to be assigned to the claim that 14,000 documents were downloaded, "we asked our employees to give us what they have, and this is all we got" isn't good enough.
- lowpro 10y agoIt's not so surprising given that if Uber doesn't find anything, Google would have a much better chance at the Prelim. Injunction. Hiring a 3rd party firm isn't needed since Google is ahead either way, and Uber doesn't need a third party firm to search its own system (or at least, hopefully they don't).