Bigger Company Gets Complacent, Gets Ass Kicked, Files Lawsuit is an old familiar story and the only reason why it's not sticking as a narrative is because Uber is so ridiculous
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Waymo asks if they can call them "Stroz" for short WAYMO: You don't mind being cut out of the name?
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Stroz due diligence investigation began approximately in third week of March
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Morrison Foerster is representing Uber in this courtroom right now, and their name has just popped up in an email — because they reached out to Stroz to get the DD report done. Lawsuit is extremely self-referential.https://twitter.com/Ross_Todd/status/961328659800899584 …
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The due diligence investigation was codenamed "Project Unicorn," the Google data they analyzed was codenamed "Aspen data"
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I think Friedberg just realized he shouldn't have so easily said that "Aspen data" refers to Google data — with no background into what the deal is with that. He just asked to clarify and Verhoeven said that he can clarify on cross-exam when it's Uber's turn.
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Stroz did not complete their investigation by April 11 (when the Put Call agreement with Otto was signed)
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April 2015, Morrison asked Stroz Friedberg to provide it with visibility into Stroz Friedberg’s preliminary investigation. Looking now at April 2 Memo, "Draft Summary of interview of Anthony Levandowski"
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Stroz conducted interviews with Levandowski on March 22 and March 23
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(All this stuff about the draft emails etc is about showing that Uber knew something was wrong before acquisition in August)
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Levandowski had "Google-related information" on his Macbook Pro, in his 1) Downloads folder 2) Dropbox folder 3) his Chauffeur folder
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"He stated that this information was stored on his laptop in the normal course of his work at Google. He did not recall if he possessed any additional potentially proprietary and confidential information. "
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If you don't recall, the Drobo disks were the subject of a goddamn clownshowhttps://www.theverge.com/2017/10/3/16408724/waymo-uber-lewandowski-travis-kalanick …
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Levandowski suddenly found five Drobo disks in a closet of his guest bedroom, they contained "source code, design files, laser files, engineering documents and software related to the self-driving car."
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The memo says that Levandowski then informed Uber executives at a meeting that included Kalanick, Poetzscher, Qi, and so forth. Uber is objecting as hearsay. (it's hella hearsay)
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The exhibit was already admitted so Waymo is saying it's admitted and there's no objection to be made
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The memo has been taken down from screens because of the hearsay objection but the DD report is all part of the public record if you are curioushttps://www.theverge.com/2017/10/3/16408724/waymo-uber-lewandowski-travis-kalanick …
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Waymo says it's a party admission. Alsup is allowing this, not sure which exception.
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Alsup now taking the time to explain hearsay to the jury. Says it falls under an exception but asks them to keep in mind that it's hearsay, and that when people say what other people said, it can "get goofed up."
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ALSUP: It's possible that in the recounting of what it is that somebody told Levandowski, that Levandowski got it a little off. Or a lot off. Could be completely true or completely untrue.
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Back to Stroz. WAYMO: In talking to you, they were supposed to preserve evidence, yes? FRIEDBERG: Yes. WAYMO: They were supposed to tell the truth, yes? Friedberg hesitates because ~ complicated ~
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Now we're on to this memo, which describes a meeting with Levandowski, Kalanick, Poetzscher, and Qi. "He told them that there is 'stuff on them I don't want you to have and you don't want to have.'"
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"Poetzscher stated that Ron and Levandowski should not delete the disks so that Uber could understand what was on the disks (for preservation and record keeping purposes)."
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"Kalanick responded that they should not take advice from Poetzscher and that, if Ron and Levandowski possessed Google information, he did not want to know about it and did not want it at Uber. Kalanick told Levandowski to 'do what [he] need[ed] to do.'"
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Friedberg is a lawyer so he's backseat lawyering on the stand and being VERY DIFFICULT in answering these questions
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WAYMO: The protocol was that the diligenced employees should not delete information on their personal devices, yes? FRIEDBERG: I don’t know if that was communicated to them.
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WAYMO: The fact that they did it violated the protocol, didn’t it? .
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FRIEDBERG: I think that’s a complicated issue… for the reason that… there’s potentially an obligation to delete data that they identified. WAYMO: I didn’t ask you for your legal analysis of the obligation, I asked you if there was a violation of the protocol
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