Page 1 PageID#
EXHIBIT 3Page 2 PageID#
In the Matter Of:
In Re: Google Antitrust Investigation
October 19, 2021Page 3 PageID# Highly Confidential
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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October 19,
·
· · · · · · · ·
·
testimony in connection with any
·
investigation or other regulatory proceeding,
·
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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October 19,
·
· · · · · · · ·
·
you gave -- let's start with, did you give
·
any -- did you answer questions under oath in
·
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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October 19,
·
· · · · · · · · ·
·
· · ·Q.· · And how long did you stay at
·
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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October 19,
·
· · · · · · · ·
·
· · ·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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October 19,
·
· · · · · · · ·
·
, 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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October 19,
·
· · · · · · · · ·
·
2017?
·
· · ·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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October 19,
·
· · · · · · · · ·
·
law since 2017?
·
· · ·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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Case 1:23-cv-00108-LMB-JFA Document 284-5 Filed 07/17/23 Page 1 of 10 PageID# 2790
EXHIBIT 3
PDF Page 3
Case 1:23-cv-00108-LMB-JFA Document 284-5 Filed 07/17/23 Page 2 of 10 PageID# 2791
In the Matter Of:
In Re: Google Antitrust Investigation
October 19, 2021
PDF Page 4
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Highly Confidential
October 19, 2021
73
·1
· · · · · · · ·
·2
· · ·A.· · It did not.
·3
· · ·Q.· · Have you ever given -- sorry.
·4
· · · · · ·Have you ever been deposed in any
·5
other circumstance, whether formally or
·6
informally?
·7
· · ·A.· · Not that I can recall.
·8
· · ·Q.· · Have you ever given any testimony
·9
at trial?
10
· · ·A.· · In the Anthony Levandowski matter.
11
Again, not an expert, although I was a lawyer
12
a long time ago, this was a mediation or an
13
arbitration.· However, there were three
14
judges that determined the final hearing, and
15
the hearing was binding, as a court judgment.
16
And I appeared in that court hearing.
17
· · ·Q.· · Again, that had nothing to do with
18
ad tech, did it?
19
· · ·A.· · It had nothing to do with ad tech.
20
· · ·Q.· · Have you ever given any other
21
testimony at trial?
22
· · ·A.· · Not at trial.· The only other
23
testimony is the Senate Judiciary Committee
24
hearing.
25
· · ·Q.· · Have you ever given any other
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October 19, 2021
74
·1
· · · · · · · ·
·2
testimony in connection with any
·3
investigation or other regulatory proceeding,
·4
apart from the testimony you've already
·5
described today?
·6
· · ·A.· · So from 1997 through 2011, I was a
·7
lawyer.· Initially with a law firm in Canada,
·8
then a law firm in the United States, Wilson
·9
Sonsini, and then operating as Google's
10
corporate counsel.· As a lawyer, I both
11
negotiated and documented the acquisitions of
12
a number of ad tech companies, DoubleClick
13
being probably the largest.· In connection
14
with those, there were regulatory
15
proceedings, including antitrust proceedings
16
and investigations.· And I, as a lawyer,
17
participated in those investigations.
18
· · ·Q.· · Did you give any testimony
19
yourself in connection with the DoubleClick
20
acquisition?
21
· · ·A.· · I was asked questions many, many
22
times by regulators during that process.
23
don't -- I'm sorry.· What do you mean by
24
testimony?
25
· · ·Q.· · Well, I'm asking if you were -- if
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October 19, 2021
75
·1
· · · · · · · ·
·2
you gave -- let's start with, did you give
·3
any -- did you answer questions under oath in
·4
connection with the DoubleClick acquisition?
·5
· · ·A.· · I don't believe so.· These were
·6
long proceedings in front of a regulatory
·7
agency.· I generally would have viewed myself
·8
to be compelled to answer truthfully, but I
·9
don't remember being sworn in to those
10
proceedings.
11
· · ·Q.· · Did you give -- were you acting as
12
counsel in connection with those regulatory
13
proceedings, or were you a fact witness or
14
both?
15
· · ·A.· · These were a long time ago.· So
16
2007, especially if we're talking about
17
DoubleClick, I believe I was participating as
18
a lawyer in the context of those proceedings.
19
Again, as a former lawyer, I'm aware of the
20
kind of distinction between, you know,
21
testimony, but I -- it is possible that I
22
gave factual testimony as well in connection
23
with those processes or answered questions
24
factually in connection with those processes.
25
· · ·Q.· · Have you ever given testimony
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82
·1
· · · · · · · · ·
·2
· · ·Q.· · And how long did you stay at
·3
Wilson Sonsini?
·4
· · ·A.· · From -- if I'm getting the days
·5
right, say March 2000 through February 28,
·6
2005.
·7
· · ·Q.· · Sounds like you remembered that
·8
date a little better.
·9
· · ·A.· · I do remember that date because
10
it's the end of the month.· And it's the
11
first day I started at Google.
12
· · ·Q.· · Well, why did you leave Wilson
13
Sonsini?
14
· · ·A.· · I was offered a position as
15
Google's first corporate counsel.
16
· · ·Q.· · So starting February 28, 2005,
17
what was your role at Google?
18
· · ·A.· · I was corporate counsel,
19
principally responsible for capital raising,
20
public disclosure, securities filings, as
21
well as mergers and acquisitions.
22
· · ·Q.· · I take it that was in Google's
23
legal department?
24
· · ·A.· · That was in Google's legal
25
department.
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83
·1
· · · · · · · ·
·2
· · ·Q.· · How long did you have that role at
·3
Google?
·4
· · ·A.· · So the role, sort of, evolved over
·5
time as the legal department grew.· So it's
·6
hard for me to say precisely.· I was always
·7
that role, but the role grew.· Meaning over
·8
time I took on managing our technology
·9
transactions group, our competition law
10
group, some of the product groups, and an
11
investment team as well.· All lawyers,
12
though.
13
· · ·Q.· · Is there a time at which you
14
stopped working in Google's legal department?
15
· · ·A.· · There is.· In late 2011, early
16
2012, I took on a business role managing our
17
corporate development team.
18
· · ·Q.· · Do you remember what your title
19
was starting in late 2011, early 2012?
20
· · ·A.· · At the legal department or in the
21
business role?
22
· · ·Q.· · In the business role.
23
· · ·A.· · I believe it was just
24
25
.
· · ·Q.· · In your role as
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84
·1
· · · · · · · ·
·2
, who did you report to?
·3
· · ·A.· ·
·4
· · ·Q.· · Do you remember what his title
·5
was?
·6
· · ·A.· ·
·7
counsel.· I think at this point in time, he
·8
becomes our Chief Legal Officer, but I
·9
don't -- I can't say that for sure.· So
10
either general counsel or Chief Legal
11
Officer.· And he also, from time to time, had
12
corporate development in his title as well.
13
· · ·Q.· · As
14
.
was our general
starting late 2011, early 2012,
15
were you practicing law?· Was that a legal
16
role?
17
· · ·A.· · No, that is a business role.
18
· · ·Q.· · Have you practiced law in any way
19
since you took on the role of
20
in late 2011 or early
21
2012?
22
· · ·A.· · Given my long legal history, I get
23
asked legal questions on a fairly regular
24
basis and that hasn't stopped.· But generally
25
speaking, it was a business role.· I was not
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244
·1
· · · · · · · · ·
·2
2017?
·3
· · ·A.· · I have been asked legal questions
·4
a number of times.· I think our legal
·5
department takes the position that that
·6
doesn't constitute the practice of law.· Nor,
·7
I think, have we taken a position that
·8
that's -- internally or externally that
·9
constitutes the practice of law.· I do get
10
asked legal questions from time to time.
11
· · ·Q.· · Do you provide legal advice in
12
response to being asked legal questions?
13
· · ·A.· · I provide advice in response to
14
being asked legal questions.· I don't think
15
our legal department takes the position that
16
that constitutes legal advice.
17
· · ·Q.· · Do you take the position that you
18
have not practiced law since you became the
19
20
in 2017?
21
· · ·A.· · On the advice of our very, very
22
good internal legal team, I do not take that
23
position.
24
· · ·Q.· · And to clarify, you're saying you
25
do not take the position that you practiced
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245
·1
· · · · · · · · ·
·2
law since 2017?
·3
· · ·A.· · Yeah.· I take the position that I
·4
haven't practiced law since 2011.
·5
· · · · · ·MR. NIERLICH:· Okay.· I have
·6
· · ·nothing further.
·7
· · · · · ·MR. RYBNICEK:· Thanks, Chuck.
·8
· · ·Can I note for the record that Google
·9
· · ·will designate this transcript in its
10
· · ·entirety as highly confidential.
11
· · · · · ·MR. NIERLICH:· Understood.
12
· · · · · ·THE VIDEOGRAPHER:· Okay.· This
13
· · ·concludes today's video deposition of
14
· · ·
15
· · ·record.· The time is 6:26 p.m.
16
· · · · · ·(Whereupon, at 6:26 p.m., the
17
· · ·Examination of this Witness was
18
· · ·concluded.)
.· We're going off the
19
20
21
· · · · __________________________
· · ·· · · · · · ·
22
· · ·Subscribed and sworn to before me
23
this _____ day of ________, 2021.
24
__________________________
· · ·· · ·NOTARY PUBLIC
25
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888-267-1200 Page 245