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"We get sued all the time, so how could we have known this was a special case?"

> There didn't seem to be a call to arms then. The first time I heard about it was September 1, and it was this, you know, like, whoops, we've got a problem.

They seem to have significant problems. Its broader then "not discovering" 5 minus 1 million of documents. There seems to be multiple smoking guns in evidence: https://www.justice.gov/d9/2023-09/416652.pdf Google internal Email instruct: never to talk about 'market share' or even 'markets'. This is clear and deliberate behaviour to evade government regulators. It is institutionalised through legal training class 101.

Disclaimer: not a lawyer, CS professor with some courtroom experience.

NAL - I'm failing to see how telling your employees not to do things that violate or give the impression of anti-trust law is a smoking gun.

That seems like a no-brainer thing a company should be doing.

the problem is when it becomes more instruction on "if you do X, make sure you don't say suspicious words so nobody notices we are doing X"

"...so that when we get sued and in discovery they ask for all documents discussing markets, nothing will come up."

You can be sure Google's lawyers vetted the training to ensure it was lawful instruction.

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