Law firm Paul Weiss fights to remain on Google's ad tech antitrust defense

Yelp

09/10/2023 17:27

By Mike Scarcella
       Oct 9 (Reuters) - Law firm Paul, Weiss, Rifkind, Wharton
& Garrison has asked a U.S. judge to deny a bid from Yelp
 YELP.N  and another former client to bar the law firm from
representing Alphabet's Google  GOOGL.O  in litigation over its
digital advertising business practices.
    Attorneys for Paul Weiss in a filing in Alexandria,
Virginia, federal court accused Yelp and News/Media Alliance on
Friday of "gamesmanship" in their effort to disqualify the firm
from serving as Google's lead defense counsel.
    The U.S. Justice Department and a group of states sued
Google in January. Yelp and the news media coalition are not
parties, but they claimed in a filing that Paul Weiss was
"switching sides" to represent Google on matters that the firm
had once counseled them on.
    Paul Weiss's lawyers at Wilmer Cutler Pickering Hale and
Dorr denied that the Justice Department's case was
"substantially related" to any of the work that the firm
provided to Yelp and the news alliance.
    In its filing, Paul Weiss said it has provided no legal work
to Yelp or the news alliance since late 2020. The two clients
left the firm then when their former Paul Weiss attorneys,
Jonathan Kanter and Brandon Kressin, departed and opened a
boutique law firm. (Kanter was subsequently tapped by President
Joe Biden to lead the DOJ's antitrust division.)
    The disqualification of Paul Weiss "at this late date would
cause severe prejudice to Google," WilmerHale attorneys told the
court. Paul Weiss said it has spent more than 10,000 hours so
far on Google's defense.
    A Yelp spokesperson did not immediately respond on Monday to
a request for comment. Yelp lawyers Kressin and Charles Molster
III did not immediately respond to a request for comment.
    Google did not immediately respond to a similar request.
    Lawyers from Freshfields Bruckhaus Deringer and Axinn,
Veltrop & Harkrider also represent Google in the Virginia case.
The company has denied any wrongdoing.
    In a statement, Paul Weiss on Monday said its
"representation of Google is appropriate in all respects."
    Google tried unsuccessfully in September to force Kanter off
the ad tech case, based on his prior work in private practice
for critics of Google.
    Google hit Yelp with subpoenas in May and August as it
prepared its defense in the DOJ litigation. But Paul Weiss said
in its filing that Yelp is no longer subject to those subpoenas
because the evidence-gathering part of the ad tech litigation
has now closed.
    Paul Weiss said its past work for Yelp and the media group
does not provide any basis to doubt the firm will "represent
Google in this case with the utmost vigor."
    
    The case is United States et al v. Google LLC, U.S. District
Court for the Eastern District of Virginia, No.
1:23-cv-00108-LMB-JFA.
    
    Read more:
    Google loses bid to keep Texas' ad tech lawsuit in New York
    Yelp wants Google's lawyers tossed from US antitrust case
    US judge will not order Justice Dept. official to exit
Google advertising case
    Justice Dept. team suing Google includes longtime Paul Weiss
partner


 (Reporting by Mike Scarcella)
 ((Mike.Scarcella@thomsonreuters.com;))