Magistrate Judge Jacqueline Scott Corley told Thursdaythat Uber needs to hand over to Waymo, by the end of the day, the full, unredacted term sheet between Uber and Otto. Corley ultimately ended “there werent” basis for Uber to redact the information because there was no privileged information shared with Otto prior to the acquisition.
I dont ascertain any basis whatsoever for those working redactions to be made and for that information to be withheld from Waymo, Corley said.
Since Googles Waymo self-driving gondola section first indicted Uber in February, Uber has also refused to turn over the due diligence report it deported ahead of the Otto acquisition, arguing that it cant be disclosed because it involves confidential information between the lawyers and clients.
As the instance approaches tribulation, Waymo has argued that there is likely message inside the due diligence report that could answer a lot of the issues to Anthony Levandowski the engineer accused of plagiarizing self-driving gondola trade secrets from Google and using them at Uber has refusedto answer as a result of him exercising his Fifth Amendment freedoms. Waymo is asking to see this due diligence report, which includes an interrogation with Levandowski. But Uber is currently arguing that this is protected by attorney-client privilege.
Update 12:15 pm PT : strong> Waymo has argued that the due diligence report, which Waymohas not realized, possibly shows that Uber knew about the steal. If the due diligence report does indeed mention the steal of the 14,000 documents in question, that would represent Uber had a duty to return them, Waymo debates. But Uber argues that this is Waymos burden to prove, and that Waymo would need to prove that Uberwas engaged in scheduling a criminal scheme.
On Wednesday, Judge William Alsup problem a notice thatessentially said that the privilege logs Levandowski provided to the court were debris and did not provision any useful information.
To give only one example, entire pages of the spreadsheet in response to RFP No. 3 is constituted by order pieces that related substantiate type as loose e-mail feeling and were otherwise blank, Alsup wrote. Similarly, dozens of pages of the spreadsheet in response to RFP No. 1 materialized devote to email connects identified only by email history, era extinguish, and otherwise wholly non-descriptive message. It would be wrong to suggest that any of those privilege log enters could justify any demand of privilege.
By tomorrow, Levandowski must provide significantly disclosures because Alsup did not find theprivilege logs he previously referred were sufficient.
Quick context: On April 12, Alsup told Levandowski to provide logs vindicating his assertion of the Fifth Amendment, saying that it should not be a long substantiate and that he provision Waymo fairly of the contention so that they can respond.
Last week, Uber apprise Levandowski that he either needs to deny that he downloaded and took any documents from Google, or to hand over the documents to Google. Otherwise, he would be at risk of getting shot from Uber. Uber has already removed Levandowski from working on any activities related to LiDAR engineering.
Levandowskis advocates arguedthat the courts order to Uber, as well as Ubers menace to Levandowski, would violate his constitutional right to shun self-incrimination.
If you miss more background around how the inferno this whole thought started, be sure to check out TCs ongoing coverage of such cases now. Ill be here the working day, so be on the lookout for more updates.