United States et al v. Google LLC Document 284: Response, Attachment 5

Virginia Eastern District Court
Case No. 1:23-cv-00108-LMB-JFA
Filed July 17, 2023

Response to [280] Order,, filed by Google LLC. (Attachments: # (1) Exhibit 1 MTC Appendix, # (2) Exhibit 2 MTC Brief, # (3) Exhibit 3 MTC EX 1, # (4) Exhibit 4 MTC EX 2, # (5) Exhibit 5 MTC EX 3, # (6) Exhibit 6 MTC EX 4, # (7) Exhibit 7 MTC EX 6, # (8) Exhibit 8 MTC EX 7, # (9) Exhibit 9 MTC EX 8, # (10) Exhibit 10 MTC EX 9, # (11) Exhibit 11 MTC EX 10, # (12) Exhibit 12 MTC EX 11, # (13) Exhibit 13 MTC EX 12, # (14) Exhibit 14 MTC EX 13, # (15) Exhibit 15 MTC EX 14, # (16) Exhibit 16 MTC EX 15, # (17) Exhibit 17 MTC EX 16, # (18) Exhibit 18 MTC EX 17, # (19) Exhibit 19 MTC EX 18, # (20) Exhibit 20 MTC EX 19, # (21) Exhibit 21 MTC EX 21, # (22) Exhibit 22 MTC EX 22, # (23) Exhibit 23 MTC EX 25, # (24) Exhibit 24 MTC EX 27, # (25) Exhibit 25 MTC EX 28, # (26) Exhibit 26 MTC EX 29, # (27) Exhibit 27 MTC EX 30, # (28) Exhibit 28 MTC EX 31, # (29) Exhibit 29 MTC Reply Appendix, # (30) Exhibit 30 Opposition EX A, # (31) Exhibit 31 Opposition EX B, # (32) Exhibit 32 Opposition EX C, # (33) Exhibit 33 Reply EX 1, # (34) Exhibit 34 Reply EX 2, # (35) Exhibit 35 Reply EX 5, # (36) Exhibit 36 Reply EX 6, # (37) Exhibit 37 Reply)(Reilly, Craig)

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EXHIBIT 3
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In the Matter Of:
In Re: Google Antitrust Investigation
October 19, 2021
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October 19,
·
· · · · · · · ·
·
· · ·A.· · It did not.
·
· · ·Q.· · Have you ever given -- sorry.
·
· · · · · ·Have you ever been deposed in any
·
other circumstance, whether formally or
·
informally?
·
· · ·A.· · Not that I can recall.
·
· · ·Q.· · Have you ever given any testimony
·
at trial?

· · ·A.· · In the Anthony Levandowski matter.

Again, not an expert, although I was a lawyer

a long time ago, this was a mediation or an

arbitration.· However, there were three

judges that determined the final hearing, and

the hearing was binding, as a court judgment.

And I appeared in that court hearing.

· · ·Q.· · Again, that had nothing to do with

ad tech, did it?

· · ·A.· · It had nothing to do with ad tech.

· · ·Q.· · Have you ever given any other

testimony at trial?

· · ·A.· · Not at trial.· The only other

testimony is the Senate Judiciary Committee

hearing.

· · ·Q.· · Have you ever given any other
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testimony in connection with any
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investigation or other regulatory proceeding,
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apart from the testimony you've already
·
described today?
·
· · ·A.· · So from 1997 through 2011, I was a
·
lawyer.· Initially with a law firm in Canada,
·
then a law firm in the United States, Wilson
·
Sonsini, and then operating as Google's

corporate counsel.· As a lawyer, I both

negotiated and documented the acquisitions of

a number of ad tech companies, DoubleClick

being probably the largest.· In connection

with those, there were regulatory

proceedings, including antitrust proceedings

and investigations.· And I, as a lawyer,

participated in those investigations.

· · ·Q.· · Did you give any testimony

yourself in connection with the DoubleClick

acquisition?

· · ·A.· · I was asked questions many, many

times by regulators during that process.

don't -- I'm sorry.· What do you mean by

testimony?

· · ·Q.· · Well, I'm asking if you were -- if
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· · · · · · · ·
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you gave -- let's start with, did you give
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any -- did you answer questions under oath in
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connection with the DoubleClick acquisition?
·
· · ·A.· · I don't believe so.· These were
·
long proceedings in front of a regulatory
·
agency.· I generally would have viewed myself
·
to be compelled to answer truthfully, but I
·
don't remember being sworn in to those

proceedings.

· · ·Q.· · Did you give -- were you acting as

counsel in connection with those regulatory

proceedings, or were you a fact witness or

both?

· · ·A.· · These were a long time ago.· So

2007, especially if we're talking about

DoubleClick, I believe I was participating as

a lawyer in the context of those proceedings.

Again, as a former lawyer, I'm aware of the

kind of distinction between, you know,

testimony, but I -- it is possible that I

gave factual testimony as well in connection

with those processes or answered questions

factually in connection with those processes.

· · ·Q.· · Have you ever given testimony
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· · · · · · · · ·
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· · ·Q.· · And how long did you stay at
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Wilson Sonsini?
·
· · ·A.· · From -- if I'm getting the days
·
right, say March 2000 through February 28,
·
2005.
·
· · ·Q.· · Sounds like you remembered that
·
date a little better.
·
· · ·A.· · I do remember that date because

it's the end of the month.· And it's the

first day I started at Google.

· · ·Q.· · Well, why did you leave Wilson

Sonsini?

· · ·A.· · I was offered a position as

Google's first corporate counsel.

· · ·Q.· · So starting February 28, 2005,

what was your role at Google?

· · ·A.· · I was corporate counsel,

principally responsible for capital raising,

public disclosure, securities filings, as

well as mergers and acquisitions.

· · ·Q.· · I take it that was in Google's

legal department?

· · ·A.· · That was in Google's legal

department.
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· · · · · · · ·
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· · ·Q.· · How long did you have that role at
·
Google?
·
· · ·A.· · So the role, sort of, evolved over
·
time as the legal department grew.· So it's
·
hard for me to say precisely.· I was always
·
that role, but the role grew.· Meaning over
·
time I took on managing our technology
·
transactions group, our competition law

group, some of the product groups, and an

investment team as well.· All lawyers,

though.

· · ·Q.· · Is there a time at which you

stopped working in Google's legal department?

· · ·A.· · There is.· In late 2011, early

2012, I took on a business role managing our

corporate development team.

· · ·Q.· · Do you remember what your title

was starting in late 2011, early 2012?

· · ·A.· · At the legal department or in the

business role?

· · ·Q.· · In the business role.

· · ·A.· · I believe it was just

.
· · ·Q.· · In your role as
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· · · · · · · ·
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, who did you report to?
·
· · ·A.· ·
·
· · ·Q.· · Do you remember what his title
·
was?
·
· · ·A.· ·
·
counsel.· I think at this point in time, he
·
becomes our Chief Legal Officer, but I
·
don't -- I can't say that for sure.· So

either general counsel or Chief Legal

Officer.· And he also, from time to time, had

corporate development in his title as well.

· · ·Q.· · As

.
was our general
starting late 2011, early 2012,

were you practicing law?· Was that a legal

role?

· · ·A.· · No, that is a business role.

· · ·Q.· · Have you practiced law in any way

since you took on the role of

in late 2011 or early

2012?

· · ·A.· · Given my long legal history, I get

asked legal questions on a fairly regular

basis and that hasn't stopped.· But generally

speaking, it was a business role.· I was not
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2017?
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· · ·A.· · I have been asked legal questions
·
a number of times.· I think our legal
·
department takes the position that that
·
doesn't constitute the practice of law.· Nor,
·
I think, have we taken a position that
·
that's -- internally or externally that
·
constitutes the practice of law.· I do get

asked legal questions from time to time.

· · ·Q.· · Do you provide legal advice in

response to being asked legal questions?

· · ·A.· · I provide advice in response to

being asked legal questions.· I don't think

our legal department takes the position that

that constitutes legal advice.

· · ·Q.· · Do you take the position that you

have not practiced law since you became the

in 2017?

· · ·A.· · On the advice of our very, very

good internal legal team, I do not take that

position.

· · ·Q.· · And to clarify, you're saying you

do not take the position that you practiced
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law since 2017?
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· · ·A.· · Yeah.· I take the position that I
·
haven't practiced law since 2011.
·
· · · · · ·MR. NIERLICH:· Okay.· I have
·
· · ·nothing further.
·
· · · · · ·MR. RYBNICEK:· Thanks, Chuck.
·
· · ·Can I note for the record that Google
·
· · ·will designate this transcript in its

· · ·entirety as highly confidential.

· · · · · ·MR. NIERLICH:· Understood.

· · · · · ·THE VIDEOGRAPHER:· Okay.· This

· · ·concludes today's video deposition of

· · ·

· · ·record.· The time is 6:26 p.m.

· · · · · ·(Whereupon, at 6:26 p.m., the

· · ·Examination of this Witness was

· · ·concluded.)
.· We're going off the
· · · · __________________________
· · ·· · · · · · ·
· · ·Subscribed and sworn to before me
this _____ day of ________, 2021.
__________________________
· · ·· · ·NOTARY PUBLIC
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