The last-minute evidence quickly mounted. A letter and an email full of damning claims. Apps that sent self-destructing messages. A payment of $4.5 million to an employee who threatened to be a whistle-blower — and an additional $3 million to his lawyer.
.. On Wednesday, Judge Alsup continued to upbraid Uber’s lawyers for not being more forthcoming with evidence. “I have never seen a case where there were so many bad things done like Uber has done in this case,” he said.
.. The letter that caused the trial to be delayed was written by a lawyer for Richard Jacobs, a former employee in Uber’s security team, to Angela Padilla, the company’s deputy general counsel. Thirty-seven pages long, it detailed a list of questionable behavior at Uber, including spying on competitors and using special laptop computers and self-destructing messaging apps that would hide communications.
.. On Wednesday, Ms. Padilla testified that the letter, which has not been made public in its entirety, was “clearly extortionist” and filled with “fantastical” information.
.. Mr. Jacobs responded, Ms. Padilla said, by sending an email to Travis Kalanick, the company’s chief executive at the time, and others complaining of criminal and unethical behavior inside Uber.
That email to Mr. Kalanick also didn’t surface in the long evidence discovery process between Waymo and Uber lawyers, and was presented in court for the first time on Wednesday.
.. Judge Alsup said to Ms. Padilla that “on the surface, it looks like you covered this up” and tried to keep the letter out of the hands of Waymo’s lawyers.
.. The company did share the letter from Mr. Jacobs’s lawyer with three different United States attorney offices, because Mr. Jacobs had threatened to take his claims to federal prosecutors and Uber wanted to “take the air out of his extortionist balloon,” Ms. Padilla testified... Judge Alsup questioned why Uber would pay so much to an employee making bogus claims. “To someone like me, an ordinary mortal, and to ordinary mortals out there in the audience — people don’t pay that kind of money for B.S.,” the judge said... A Waymo spokesman, Johnny Luu, said in a statement: “Today’s revelations fit Uber’s pattern of destroying and withholding reams of evidence relevant to our trade secrets case, and that those at the very top of Uber were aware of these inexcusable practices. We look forward to the additional discovery granted by the court and to presenting our case in front of a jury at trial.”