On: Judge mulls sanctions over Google's destruction of...

[1vuio0pswjnm7]

"They didn't ask employees to destroy evidence but to avoid retaining evidence in the first place."

Once a company knows its going to be sued it has a legal obligation under federal rules to preserve evidence. Google deliberately ignored that requirement.

Nice try.

[codedokode → 1vuio0pswjnm7]

Maybe they are required to preserve existing documents, but not required to create new evidence against themselves.

[dragonwriter → codedokode]

> Maybe they are required to preserve existing documents, but not required to create new evidence against themselves.

When they do a chat, that creates evidence. When the chat is deleted, evidence is destroyed. (This isn't the first case they’ve been sanctioned over this behavior, either.)

[ngetchell → codedokode]

No, they are required to retain the records pertaining to the litigation.

This isn't a loophole. Google is in the wrong here.

[TheCleric → codedokode]

Don’t want to create evidence? Stop chatting about how to potentially violate the law.