Page 1 DocuSign Envelope ID: ACD8FE1F-C671-4A69-9DC8-83571291FA5A
PageID#
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION
UNITED STATES, et al.,
Plaintiffs,
- against No. 1:23-cv-00108-LMB-JFA
GOOGLE LLC,
Defendant.
DECLARATION OF JASON WASHING IN SUPPORT OF
DEFENDANT GOOGLE LLC’S RESPONSE TO PLAINTIFFS’ MOTION TO SEAL
I, JASON WASHING, declare as follows:
1.
I am Managing Director, News Partnerships at Google LLC (“Google”). I have
been employed by Google since March 2008 and have held my current position since March
2022. I submit this Declaration in support of Google’s Response to Plaintiffs’ Motion to Seal.
Based on my work at Google, I have personal knowledge of the company’s practices and
procedures for maintaining the confidentiality of its strategic, business, and financial
information, as well as the impact of publicly disclosing such information. The contents of this
Declaration are true and correct to the best of my knowledge, information, and belief, and are
based on Google’s policies and practices as they relate to the treatment of confidential
information, the materials that were provided to me and reviewed by me, and/or informed by
conversations with other knowledgeable employees of Google. If called upon as a witness in this
action, I could and would testify competently thereto.
2.
Google follows a strict practice that requires confidential treatment of all internal
non-public financial information; confidential commercial proposals to third parties and Page 2 DocuSign Envelope ID: ACD8FE1F-C671-4A69-9DC8-83571291FA5A
PageID#
confidential agreements with third parties; and internal business analyses of pricing, industry
conditions, and opportunities. In my experience and to the best of my knowledge, Google does
not disclose documents of this nature outside of the company, with the exception of certain
documents that Google shares with partners or fiduciaries, subject to further confidentiality
requirements.
3.
I have reviewed Plaintiffs’ Sealed Reply in Support of Plaintiffs’ Motion for In
Camera Inspection and To Compel Production of Documents Wrongfully Withheld as Privileged
(Dkt. No. 261) and the sealed exhibits thereto (Dkt. No. 260).
4.
Exhibits 3 and 4, stamped Highly Confidential, are two versions of the same
internal Google document that summarizes a confidential commercial proposal that Google
intended to make to a third party. The proposal includes input from close to a dozen distinct
commercial divisions across a broad range of Google’s product areas and business units,
providing visibility into Google’s strategic decision- and deal-making logic. The proposal also
reveals competitive strategy, including business and pricing strategy, as well as confidential and
bespoke contract terms. In sum, the document contains competitively sensitive and confidential
business information.
5.
Public disclosure of the information contained in Exhibits 3 and 4, and the
redacted portions of the Reply corresponding to those exhibits, would cause significant
commercial harm to Google. Disclosure of information about the confidential commercial
proposal—including its bespoke, non-public terms—would give competitors and potential
business partners a material advantage in future negotiations with Google.
6.
I believe that the requested relief is narrowly tailored and seeks to seal only
information that would harm Google if publicly disclosed. Page 3 DocuSign Envelope ID: ACD8FE1F-C671-4A69-9DC8-83571291FA5A
PageID#
I declare under penalty of perjury that the foregoing is true and correct.
Executed on June 14, 2023, in Tiburon, CA.
Jason Washing
PDF Page 1
PlainSite Cover Page
PDF Page 2
DocuSign Envelope ID: ACD8FE1F-C671-4A69-9DC8-83571291FA5A
Case 1:23-cv-00108-LMB-JFA Document 268-1 Filed 06/14/23 Page 1 of 3 PageID# 2591
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION
UNITED STATES, et al.,
Plaintiffs,
- against No. 1:23-cv-00108-LMB-JFA
GOOGLE LLC,
Defendant.
DECLARATION OF JASON WASHING IN SUPPORT OF
DEFENDANT GOOGLE LLC’S RESPONSE TO PLAINTIFFS’ MOTION TO SEAL
I, JASON WASHING, declare as follows:
1.
I am Managing Director, News Partnerships at Google LLC (“Google”). I have
been employed by Google since March 2008 and have held my current position since March
2022. I submit this Declaration in support of Google’s Response to Plaintiffs’ Motion to Seal.
Based on my work at Google, I have personal knowledge of the company’s practices and
procedures for maintaining the confidentiality of its strategic, business, and financial
information, as well as the impact of publicly disclosing such information. The contents of this
Declaration are true and correct to the best of my knowledge, information, and belief, and are
based on Google’s policies and practices as they relate to the treatment of confidential
information, the materials that were provided to me and reviewed by me, and/or informed by
conversations with other knowledgeable employees of Google. If called upon as a witness in this
action, I could and would testify competently thereto.
2.
Google follows a strict practice that requires confidential treatment of all internal
non-public financial information; confidential commercial proposals to third parties and
1
PDF Page 3
DocuSign Envelope ID: ACD8FE1F-C671-4A69-9DC8-83571291FA5A
Case 1:23-cv-00108-LMB-JFA Document 268-1 Filed 06/14/23 Page 2 of 3 PageID# 2592
confidential agreements with third parties; and internal business analyses of pricing, industry
conditions, and opportunities. In my experience and to the best of my knowledge, Google does
not disclose documents of this nature outside of the company, with the exception of certain
documents that Google shares with partners or fiduciaries, subject to further confidentiality
requirements.
3.
I have reviewed Plaintiffs’ Sealed Reply in Support of Plaintiffs’ Motion for In
Camera Inspection and To Compel Production of Documents Wrongfully Withheld as Privileged
(Dkt. No. 261) and the sealed exhibits thereto (Dkt. No. 260).
4.
Exhibits 3 and 4, stamped Highly Confidential, are two versions of the same
internal Google document that summarizes a confidential commercial proposal that Google
intended to make to a third party. The proposal includes input from close to a dozen distinct
commercial divisions across a broad range of Google’s product areas and business units,
providing visibility into Google’s strategic decision- and deal-making logic. The proposal also
reveals competitive strategy, including business and pricing strategy, as well as confidential and
bespoke contract terms. In sum, the document contains competitively sensitive and confidential
business information.
5.
Public disclosure of the information contained in Exhibits 3 and 4, and the
redacted portions of the Reply corresponding to those exhibits, would cause significant
commercial harm to Google. Disclosure of information about the confidential commercial
proposal—including its bespoke, non-public terms—would give competitors and potential
business partners a material advantage in future negotiations with Google.
6.
I believe that the requested relief is narrowly tailored and seeks to seal only
information that would harm Google if publicly disclosed.
2
PDF Page 4
DocuSign Envelope ID: ACD8FE1F-C671-4A69-9DC8-83571291FA5A
Case 1:23-cv-00108-LMB-JFA Document 268-1 Filed 06/14/23 Page 3 of 3 PageID# 2593
I declare under penalty of perjury that the foregoing is true and correct.
Executed on June 14, 2023, in Tiburon, CA.
Jason Washing
3
Back to 
