Page 1 PageID#
EXHIBIT FILED UNDER SEAL
FILED PURSUANT TO COURT ORDER DOC. 354Page 2 PageID#
Liberty Square Building
450 5th Street, N.W.
Washington, DC
June 9, CONFIDENTIAL
Martha Goodman, Esq.
Heather Milligan, Esq.
Paul, Weiss, Rifkind, Wharton &
Garrison LLP
2001 K Street, NW
Washington, DC 20006-Re:
Scott Eisman, Esq.
Claire Leonard, Esq.
Freshfields Bruckhaus Deringer LLP
700 13th Street, NW
Washington DC 20005-
United States, et al. v. Google LLC, No. 1:23-cv-108 (E.D. Va.)
Dear Counsel:
I write regarding the logging of privileged documents in relation to the United States’
production of its investigatory file as well as documents responsive to Google’s Request
for Production No. 5.
Several categories of documents related to the United States’ investigation preceding this
litigation are exempted from privilege logging under Paragraph V.8. of the Order
Regarding Electronically Stored Information (“ESI Order”) (Dkt. No. 142), in particular
subparagraphs b., c., and e. For the remaining privileged documents—communications
within the federal government but not “solely between counsel for the United States . . .
and counsel for any Federal Agency Advertiser”—the United States believes that the
burden of individually logging such communications is not reasonable or proportionate to
the needs of the case. Therefore, the United States requests to provide a categorical
privilege log for these documents, and requests to meet and confer, pursuant to Paragraph
V.4 of the ESI Order.
In the Appendix to this letter, the United States has prepared a categorical privilege log
assertion for these documents. This categorical assertion provides Google with both
(1) sufficient information to evaluate the privilege claims and (2) all non-privileged
information associated with the communications that may be relevant to the claims and
defenses in this case, including, for example, the attorney and non-attorney senders and
recipients, the time frame, and the general subject matter of the communications.
FILED PURSUANT TO COURT ORDER DOC. 354Page 3 PageID# Contains Confidential Information
We are available to meet and confer at your convenience.
Sincerely,
/s/ Michael Wolin
Michael Wolin
Trial Attorney
Enclosure
FILED PURSUANT TO COURT ORDER DOC. 354Page 4 PageID# Contains Confidential Information
Appendix: United States’ Categorical Privilege Log Assertion (June 9, 2023)
The United States claims privilege over communications between attorneys of the
Antitrust Division and attorneys and employees of other agencies and divisions of the
federal government related to the Antitrust Division’s investigation of purchases of
digital advertising by the United States that preceded this litigation.
The custodian of these communications is the Antitrust Division of the
Department of Justice.
The senders and recipients of these communications are attorneys or other
employees of the Antitrust Division of the Department of Justice; Department of
Commerce; Department of Defense; Department of Health and Human Services;
General Services Administration; Office of Justice Programs of the Department of
Justice; Office of Management and Budget; Office of Personnel Management; and
U.S. Postal Service. Specifically:
o Antitrust Division of Department of Justice
Barry Creech, Esq.
Chase Pritchett, Esq.
Daniel Dorris, Esq.
George Nierlich, Esq.
Giancarlo Ambrogio, Esq.
Jacklin Lem, Esq.
MaryMichael Hough
Michael Wolin, Esq.
Natalie Hayes, Esq.
o Department of Commerce
Kendall Johnson
Melissa Creech, Esq.
Michael Cannon, Esq.
o Department of Defense
Brendan Ricci
James Wessels
Julio Alvarez
Sivram Prasad, Esq.
o Department of Health and Human Services
Catherine Howden
Christopher Koepke
Kenneth Whitley, Esq.
William Charles Bailey, Esq.
o General Services Administration
Arpit Garg, Esq.
o Office of Justice Programs of Department of Justice
Sasha Rutizer, Esq.
o Office of Management and Budget
Adam Grogg, Esq.
Shraddha Upadhyaya, Esq.
FILED PURSUANT TO COURT ORDER DOC. 35Page 5 PageID# Contains Confidential Information
o Office of Personnel Management
Webb Lyons, Esq.
o U.S. Postal Service
Brian Pasco
Christopher Karpenko
Colleen Ehrlich
Kimberly Workinger
Maria Votsch, Esq.
Matthew Gardner
Michael Bottenberg
Michael Weaver, Esq.
Stephan Boardman, Esq.
Each of these communications includes as a sender or recipient at least one of the
Antitrust Division attorneys listed above.
The time frame for these communications is December 23, 2022 through January
23, 2023.
The general subject matter for these communications is purchases of digital
advertising by agencies and divisions of the federal government.
These communications are subject to the attorney-client privilege; attorney work
product protection; and deliberative process privilege, as follows:
o These communications were made by or to counsel for the United States
in the course of their providing legal advice regarding potential violations
of Sections 1 and 2 of the Sherman Act and Section 4A of the Clayton
Act.
o These communications were made in anticipation of litigation against
Google for violations of Sections 1 and 2 of the Sherman Act and Section
4A of the Clayton Act.
o These communications were made by or to staff in the Antitrust Division
in the course of their providing recommendations and opinions to Antitrust
Division leadership on whether to file a case against Google for violations
of Sections 1 and 2 of the Sherman Act and Section 4A of the Clayton
Act. The communications reflect internal deliberations, and any purely
factual material is inextricably intertwined with the deliberative material.
FILED PURSUANT TO COURT ORDER DOC. 354
PDF Page 1
PlainSite Cover Page
PDF Page 2
Case 1:23-cv-00108-LMB-JFA Document 357-3 Filed 08/30/23 Page 1 of 5 PageID# 5318
EXHIBIT 3
FILED UNDER SEAL
FILED PURSUANT TO COURT ORDER DOC. 354
PDF Page 3
Case 1:23-cv-00108-LMB-JFA Document 357-3 Filed 08/30/23 Page 2 of 5 PageID# 5319
Liberty Square Building
450 5th Street, N.W.
Washington, DC 20530
June 9, 2023
CONFIDENTIAL
Martha Goodman, Esq.
Heather Milligan, Esq.
Paul, Weiss, Rifkind, Wharton &
Garrison LLP
2001 K Street, NW
Washington, DC 20006-1047
Re:
Scott Eisman, Esq.
Claire Leonard, Esq.
Freshfields Bruckhaus Deringer LLP
700 13th Street, NW
Washington DC 20005-3950
United States, et al. v. Google LLC, No. 1:23-cv-108 (E.D. Va.)
Dear Counsel:
I write regarding the logging of privileged documents in relation to the United States’
production of its investigatory file as well as documents responsive to Google’s Request
for Production No. 5.
Several categories of documents related to the United States’ investigation preceding this
litigation are exempted from privilege logging under Paragraph V.8. of the Order
Regarding Electronically Stored Information (“ESI Order”) (Dkt. No. 142), in particular
subparagraphs b., c., and e. For the remaining privileged documents—communications
within the federal government but not “solely between counsel for the United States . . .
and counsel for any Federal Agency Advertiser”—the United States believes that the
burden of individually logging such communications is not reasonable or proportionate to
the needs of the case. Therefore, the United States requests to provide a categorical
privilege log for these documents, and requests to meet and confer, pursuant to Paragraph
V.4 of the ESI Order.
In the Appendix to this letter, the United States has prepared a categorical privilege log
assertion for these documents. This categorical assertion provides Google with both
(1) sufficient information to evaluate the privilege claims and (2) all non-privileged
information associated with the communications that may be relevant to the claims and
defenses in this case, including, for example, the attorney and non-attorney senders and
recipients, the time frame, and the general subject matter of the communications.
FILED PURSUANT TO COURT ORDER DOC. 354
PDF Page 4
Case 1:23-cv-00108-LMB-JFA Document 357-3 Filed 08/30/23 Page 3 of 5 PageID# 5320
Contains Confidential Information
We are available to meet and confer at your convenience.
Sincerely,
/s/ Michael Wolin
Michael Wolin
Trial Attorney
Enclosure
2
FILED PURSUANT TO COURT ORDER DOC. 354
PDF Page 5
Case 1:23-cv-00108-LMB-JFA Document 357-3 Filed 08/30/23 Page 4 of 5 PageID# 5321
Contains Confidential Information
Appendix: United States’ Categorical Privilege Log Assertion (June 9, 2023)
The United States claims privilege over communications between attorneys of the
Antitrust Division and attorneys and employees of other agencies and divisions of the
federal government related to the Antitrust Division’s investigation of purchases of
digital advertising by the United States that preceded this litigation.
The custodian of these communications is the Antitrust Division of the
Department of Justice.
The senders and recipients of these communications are attorneys or other
employees of the Antitrust Division of the Department of Justice; Department of
Commerce; Department of Defense; Department of Health and Human Services;
General Services Administration; Office of Justice Programs of the Department of
Justice; Office of Management and Budget; Office of Personnel Management; and
U.S. Postal Service. Specifically:
o Antitrust Division of Department of Justice
Barry Creech, Esq.
Chase Pritchett, Esq.
Daniel Dorris, Esq.
George Nierlich, Esq.
Giancarlo Ambrogio, Esq.
Jacklin Lem, Esq.
MaryMichael Hough
Michael Wolin, Esq.
Natalie Hayes, Esq.
o Department of Commerce
Kendall Johnson
Melissa Creech, Esq.
Michael Cannon, Esq.
o Department of Defense
Brendan Ricci
James Wessels
Julio Alvarez
Sivram Prasad, Esq.
o Department of Health and Human Services
Catherine Howden
Christopher Koepke
Kenneth Whitley, Esq.
William Charles Bailey, Esq.
o General Services Administration
Arpit Garg, Esq.
o Office of Justice Programs of Department of Justice
Sasha Rutizer, Esq.
o Office of Management and Budget
Adam Grogg, Esq.
Shraddha Upadhyaya, Esq.
3
FILED PURSUANT TO COURT ORDER DOC. 354
PDF Page 6
Case 1:23-cv-00108-LMB-JFA Document 357-3 Filed 08/30/23 Page 5 of 5 PageID# 5322
Contains Confidential Information
o Office of Personnel Management
Webb Lyons, Esq.
o U.S. Postal Service
Brian Pasco
Christopher Karpenko
Colleen Ehrlich
Kimberly Workinger
Maria Votsch, Esq.
Matthew Gardner
Michael Bottenberg
Michael Weaver, Esq.
Stephan Boardman, Esq.
Each of these communications includes as a sender or recipient at least one of the
Antitrust Division attorneys listed above.
The time frame for these communications is December 23, 2022 through January
23, 2023.
The general subject matter for these communications is purchases of digital
advertising by agencies and divisions of the federal government.
These communications are subject to the attorney-client privilege; attorney work
product protection; and deliberative process privilege, as follows:
o These communications were made by or to counsel for the United States
in the course of their providing legal advice regarding potential violations
of Sections 1 and 2 of the Sherman Act and Section 4A of the Clayton
Act.
o These communications were made in anticipation of litigation against
Google for violations of Sections 1 and 2 of the Sherman Act and Section
4A of the Clayton Act.
o These communications were made by or to staff in the Antitrust Division
in the course of their providing recommendations and opinions to Antitrust
Division leadership on whether to file a case against Google for violations
of Sections 1 and 2 of the Sherman Act and Section 4A of the Clayton
Act. The communications reflect internal deliberations, and any purely
factual material is inextricably intertwined with the deliberative material.
4
FILED PURSUANT TO COURT ORDER DOC. 354
Back to 
