Page 1 PageID#
EXHIBIT A
Declaration of Theodore Lazarus
Submitted Under SealPage 2 PageID#
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION
UNITED STATES, et al.,
Plaintiffs,
vs.
No: 1:23-cv-00108-LMB-JFA
GOOGLE LLC,
Defendant.
DECLARATION OF THEODORE LAZARUS IN SUPPORT OF
GOOGLE LLC’S MEMORANDUM OF LAW IN OPPOSITION
TO PLAINTIFFS’ MOTION FOR IN CAMERA INSPECTION AND
TO COMPEL PRODUCTION OF DOCUMENTS WITHHELD AS PRIVILEGED
I, Theodore Lazarus, pursuant to 28 U.S.C. § 1746, hereby declare as follows:
1.
I am Vice President, Legal, at Defendant Google LLC (“Google”). I have held
this title since November 1, 2021, and have been employed by Google since March 12, 2008. I
am an attorney licensed to practice law in New York and the District of Columbia.
2.
I submit this declaration in support of Google’s Memorandum of Law in
Opposition to Plaintiffs’ Motion for in Camera Inspection and to Compel Production of
Documents
Withheld
as
Privileged
in
United
States
v.
Google
LLC,
No.
1:23-cv-00108-LMB-JFA (E.D. Va.) (the “Motion to Compel”).
3.
The contents of this declaration are true and correct to the best of my knowledge,
information, and belief, and are based on my personal knowledge and review of relevant records.
If called upon as a witness in this action, I could and would testify competently thereto.
1Page 3 PageID#
4.
I have personal knowledge of the five internal projects at issue in the Motion to
Compel: Project SingleClick, Project Stonehenge, Project Sunday, Project Monday, and Project
Banksy.
5.
I have personal knowledge of Project SingleClick because I provided legal
supervision and guidance on the project. Project SingleClick was an analysis of potential
remedies undertaken because of and in response to active government investigations into
Google’s ad tech business and litigation that might follow from these investigations. The
investigations included those by the U.K. Information Commissioner’s Office (initiated February
2019); the Irish Data Protection Commission (initiated May 2019); the French Competition
Authority (initiated July 2019); the U.K. Competition and Markets Authority (initiated July
2019); the State of Texas, leading a coalition of state attorneys general (initiated September
2019); the Antitrust Division of the United States Department of Justice (initiated October 2019);
and the European Commission (initiated November 2019).
But for these regulatory
investigations, the analyses and work done for Project SingleClick would not have occurred in
substantially similar form. Outside counsel—including John Harkrider, Daniel Bitton, Russell
Steinthal, Leslie Overton, and David Pearl of Axinn, Veltrop & Harkrider, and Jordan Ellison,
Isabel Taylor, and Tina Zhuo of European outside counsel Slaughter & May—were also involved
in providing legal guidance concerning the project.
6.
I have personal knowledge of Project Stonehenge because I provided legal
supervision and guidance on the project. Project Stonehenge was an analysis of potential
remedies undertaken because of and in response to the active government investigations listed in
Paragraph 5 above, and litigation that might follow from these investigations. But for these
regulatory investigations, the analysis and work done for Project Stonehenge would not have
2Page 4 PageID#
occurred in substantially similar form.
Outside counsel—including John Harkrider, Daniel
Bitton, Russell Steinthal, Leslie Overton, Andrew Freeborn, David Pearl, and Koren Wong-Ervin
of Axinn, Veltrop & Harkrider, and Jordan Ellison, Tina Zhuo, and Jessica Staples of European
outside counsel Slaughter & May—were also involved in providing legal guidance concerning
the project.
7.
I have personal knowledge of Project Sunday because I initiated the project and
provided legal supervision and guidance on the project. Project Sunday was an analysis of
potential remedies undertaken because of and in response to the active government investigations
listed in Paragraph 5 above, the investigation initiated by the Australian Competition and
Consumer Commission in February 2020, and litigation that might follow from these
investigations. But for these regulatory investigations, the analyses and work done for Project
Sunday would not have occurred in substantially similar form. Outside counsel—including
Ethan Klingsberg of Freshfields Bruckhaus Deringer and John Harkrider and Daniel Bitton of
Axinn, Veltrop & Harkrider—were also involved in providing legal guidance concerning the
project.
8.
I have personal knowledge of Project Monday because I provided legal
supervision and guidance on the project. Project Monday was an analysis of a particular
potential remedy option. The project was undertaken because of and in response to the active
government investigations listed in Paragraph 7 above, and litigation that might follow from
these investigations. But for these regulatory investigations, the analysis and work done for
Project Monday would not have occurred in substantially similar form.
Outside
counsel—including John Harkrider, Andrew Freeborn, and Daniel Bitton of Axinn, Veltrop &
3Page 5 PageID#
Harkrider, and Jordan Ellison and Jessica Staples of European outside counsel Slaughter &
May—were also involved in providing legal guidance concerning the project.
9.
I have personal knowledge of Project Banksy because I provided legal
supervision and guidance on the project. Project Banksy was an analysis of a potential remedy
for the purpose of preparing a settlement proposal in response to the French Competition
Authority’s investigation of Google’s ad tech business.
But for the French Competition
Authority’s investigation, the analyses and work done for Project Banksy would not have
occurred in substantially similar form. Outside counsel—including John Harkrider, Daniel
Bitton, Russell Steinthal, Leslie Overton, and Koren Wong-Ervin of Axinn, Veltrop & Harkrider;
Jordan Ellison, Tina Zhuo, and Juliette Sailleau of European outside counsel Slaughter & May;
and Olivier Freget of French outside counsel Fréget Glaser & Associés—were also involved in
providing legal guidance concerning Project Banksy.
10.
Motion:
I have reviewed the following documents identified in Plaintiffs’ Appendix to the
Appendix Document 1 (GOOG-DOJ-12766025), Appendix Document
(GOOG-DOJ-15231660), Appendix Document 5 (GOOG-DOJ-AT-01106088), Appendix
Document 6 (GOOG-DOJ-AT-01106174), Appendix Document 8 (GOOG-DOJ-AT-01498627),
Appendix
Document
(GOOG-DOJ-AT-01007207), and Appendix Document 20 (GOOG-DOJ-AT-01687296).
11.
The redacted portions of Appendix Document 1 (GOOG-DOJ-12766025) and
Appendix Document 17 (GOOG-DOJ-AT-00030150) reveal the substance of Projects
SingleClick and Stonehenge. This is based on my review of these documents and my personal
knowledge of the scope and purpose of Projects SingleClick and Stonehenge.
12.
Appendix Document 2 (GOOG-DOJ-15231660) was created as part of Project
Stonehenge, and the redacted portions of Appendix Document 15 (GOOG-DOJ-AT-00660900),
Appendix
Document
(GOOG-DOJ-AT-00205841),
Appendix
Document
(GOOG-DOJ-AT-00660895), and Appendix Document 19 (GOOG-DOJ-AT-01007207) reveal
the substance of Project Stonehenge. This is based on my review of these documents and my
personal knowledge of the scope and purpose of Project Stonehenge.
13.
The redacted portions of Appendix Document 13 (GOOG-DOJ-AT-01914586)
reveal the substance of Projects Stonehenge and Banksy. This is based on my review of this
document and my personal knowledge of the scope and purpose of Projects Stonehenge and
Banksy.
14.
Appendix Document 5 (GOOG-DOJ-AT-01106088), Appendix Document
(GOOG-DOJ-AT-01106174), Appendix Document 8 (GOOG-DOJ-AT-01498627), Appendix
Document
12 (GOOG-DOJ-AT-01895607), and
Appendix Document 14 (GOOG-DOJ-AT-02099758) were created as part of Project Sunday.
This is based on my review of these documents and my personal knowledge of the scope and
purpose of Project Sunday.
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Case 1:23-cv-00108-LMB-JFA Document 284-30 Filed 07/17/23 Page 1 of 7 PageID# 3059
EXHIBIT A
Declaration of Theodore Lazarus
Submitted Under Seal
PDF Page 3
Case 1:23-cv-00108-LMB-JFA Document 284-30 Filed 07/17/23 Page 2 of 7 PageID# 3060
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION
UNITED STATES, et al.,
Plaintiffs,
vs.
No: 1:23-cv-00108-LMB-JFA
GOOGLE LLC,
Defendant.
DECLARATION OF THEODORE LAZARUS IN SUPPORT OF
GOOGLE LLC’S MEMORANDUM OF LAW IN OPPOSITION
TO PLAINTIFFS’ MOTION FOR IN CAMERA INSPECTION AND
TO COMPEL PRODUCTION OF DOCUMENTS WITHHELD AS PRIVILEGED
I, Theodore Lazarus, pursuant to 28 U.S.C. § 1746, hereby declare as follows:
1.
I am Vice President, Legal, at Defendant Google LLC (“Google”). I have held
this title since November 1, 2021, and have been employed by Google since March 12, 2008. I
am an attorney licensed to practice law in New York and the District of Columbia.
2.
I submit this declaration in support of Google’s Memorandum of Law in
Opposition to Plaintiffs’ Motion for in Camera Inspection and to Compel Production of
Documents
Withheld
as
Privileged
in
United
States
v.
Google
LLC,
No.
1:23-cv-00108-LMB-JFA (E.D. Va.) (the “Motion to Compel”).
3.
The contents of this declaration are true and correct to the best of my knowledge,
information, and belief, and are based on my personal knowledge and review of relevant records.
If called upon as a witness in this action, I could and would testify competently thereto.
1
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Case 1:23-cv-00108-LMB-JFA Document 284-30 Filed 07/17/23 Page 3 of 7 PageID# 3061
4.
I have personal knowledge of the five internal projects at issue in the Motion to
Compel: Project SingleClick, Project Stonehenge, Project Sunday, Project Monday, and Project
Banksy.
5.
I have personal knowledge of Project SingleClick because I provided legal
supervision and guidance on the project. Project SingleClick was an analysis of potential
remedies undertaken because of and in response to active government investigations into
Google’s ad tech business and litigation that might follow from these investigations. The
investigations included those by the U.K. Information Commissioner’s Office (initiated February
2019); the Irish Data Protection Commission (initiated May 2019); the French Competition
Authority (initiated July 2019); the U.K. Competition and Markets Authority (initiated July
2019); the State of Texas, leading a coalition of state attorneys general (initiated September
2019); the Antitrust Division of the United States Department of Justice (initiated October 2019);
and the European Commission (initiated November 2019).
But for these regulatory
investigations, the analyses and work done for Project SingleClick would not have occurred in
substantially similar form. Outside counsel—including John Harkrider, Daniel Bitton, Russell
Steinthal, Leslie Overton, and David Pearl of Axinn, Veltrop & Harkrider, and Jordan Ellison,
Isabel Taylor, and Tina Zhuo of European outside counsel Slaughter & May—were also involved
in providing legal guidance concerning the project.
6.
I have personal knowledge of Project Stonehenge because I provided legal
supervision and guidance on the project. Project Stonehenge was an analysis of potential
remedies undertaken because of and in response to the active government investigations listed in
Paragraph 5 above, and litigation that might follow from these investigations. But for these
regulatory investigations, the analysis and work done for Project Stonehenge would not have
2
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occurred in substantially similar form.
Outside counsel—including John Harkrider, Daniel
Bitton, Russell Steinthal, Leslie Overton, Andrew Freeborn, David Pearl, and Koren Wong-Ervin
of Axinn, Veltrop & Harkrider, and Jordan Ellison, Tina Zhuo, and Jessica Staples of European
outside counsel Slaughter & May—were also involved in providing legal guidance concerning
the project.
7.
I have personal knowledge of Project Sunday because I initiated the project and
provided legal supervision and guidance on the project. Project Sunday was an analysis of
potential remedies undertaken because of and in response to the active government investigations
listed in Paragraph 5 above, the investigation initiated by the Australian Competition and
Consumer Commission in February 2020, and litigation that might follow from these
investigations. But for these regulatory investigations, the analyses and work done for Project
Sunday would not have occurred in substantially similar form. Outside counsel—including
Ethan Klingsberg of Freshfields Bruckhaus Deringer and John Harkrider and Daniel Bitton of
Axinn, Veltrop & Harkrider—were also involved in providing legal guidance concerning the
project.
8.
I have personal knowledge of Project Monday because I provided legal
supervision and guidance on the project. Project Monday was an analysis of a particular
potential remedy option. The project was undertaken because of and in response to the active
government investigations listed in Paragraph 7 above, and litigation that might follow from
these investigations. But for these regulatory investigations, the analysis and work done for
Project Monday would not have occurred in substantially similar form.
Outside
counsel—including John Harkrider, Andrew Freeborn, and Daniel Bitton of Axinn, Veltrop &
3
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Harkrider, and Jordan Ellison and Jessica Staples of European outside counsel Slaughter &
May—were also involved in providing legal guidance concerning the project.
9.
I have personal knowledge of Project Banksy because I provided legal
supervision and guidance on the project. Project Banksy was an analysis of a potential remedy
for the purpose of preparing a settlement proposal in response to the French Competition
Authority’s investigation of Google’s ad tech business.
But for the French Competition
Authority’s investigation, the analyses and work done for Project Banksy would not have
occurred in substantially similar form. Outside counsel—including John Harkrider, Daniel
Bitton, Russell Steinthal, Leslie Overton, and Koren Wong-Ervin of Axinn, Veltrop & Harkrider;
Jordan Ellison, Tina Zhuo, and Juliette Sailleau of European outside counsel Slaughter & May;
and Olivier Freget of French outside counsel Fréget Glaser & Associés—were also involved in
providing legal guidance concerning Project Banksy.
10.
Motion:
I have reviewed the following documents identified in Plaintiffs’ Appendix to the
Appendix Document 1 (GOOG-DOJ-12766025), Appendix Document 2
(GOOG-DOJ-15231660), Appendix Document 5 (GOOG-DOJ-AT-01106088), Appendix
Document 6 (GOOG-DOJ-AT-01106174), Appendix Document 8 (GOOG-DOJ-AT-01498627),
Appendix
Document
9
(GOOG-DOJ-AT-01514569),
Appendix
Document
10
(GOOG-DOJ-AT-01692081), Appendix Document 11 (GOOG-DOJ-AT-01887780), Appendix
Document
12
(GOOG-DOJ-AT-01895607),
Appendix
Document
13
(GOOG-DOJ-AT-01914586), Appendix Document 14 (GOOG-DOJ-AT-02099758), Appendix
Document
15
(GOOG-DOJ-AT-00660900),
Appendix
Document
16
(GOOG-DOJ-AT-00205841), Appendix Document 17 (GOOG-DOJ-AT-00030150), Appendix
4
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Document
18
(GOOG-DOJ-AT-00660895),
Appendix
Document
19
(GOOG-DOJ-AT-01007207), and Appendix Document 20 (GOOG-DOJ-AT-01687296).
11.
The redacted portions of Appendix Document 1 (GOOG-DOJ-12766025) and
Appendix Document 17 (GOOG-DOJ-AT-00030150) reveal the substance of Projects
SingleClick and Stonehenge. This is based on my review of these documents and my personal
knowledge of the scope and purpose of Projects SingleClick and Stonehenge.
12.
Appendix Document 2 (GOOG-DOJ-15231660) was created as part of Project
Stonehenge, and the redacted portions of Appendix Document 15 (GOOG-DOJ-AT-00660900),
Appendix
Document
16
(GOOG-DOJ-AT-00205841),
Appendix
Document
18
(GOOG-DOJ-AT-00660895), and Appendix Document 19 (GOOG-DOJ-AT-01007207) reveal
the substance of Project Stonehenge. This is based on my review of these documents and my
personal knowledge of the scope and purpose of Project Stonehenge.
13.
The redacted portions of Appendix Document 13 (GOOG-DOJ-AT-01914586)
reveal the substance of Projects Stonehenge and Banksy. This is based on my review of this
document and my personal knowledge of the scope and purpose of Projects Stonehenge and
Banksy.
14.
Appendix Document 5 (GOOG-DOJ-AT-01106088), Appendix Document 6
(GOOG-DOJ-AT-01106174), Appendix Document 8 (GOOG-DOJ-AT-01498627), Appendix
Document
10
(GOOG-DOJ-AT-01692081),
(GOOG-DOJ-AT-01887780), Appendix Document
Appendix
Document
11
12 (GOOG-DOJ-AT-01895607), and
Appendix Document 14 (GOOG-DOJ-AT-02099758) were created as part of Project Sunday.
This is based on my review of these documents and my personal knowledge of the scope and
purpose of Project Sunday.
5
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