Case 1:15-mc-00150-P1 Document 40 Filed 07/23/15 Page 1 of 3

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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GOOGLE INC.,
Petitioner,
v.
TWENTY-FIRST CENTURY FOX, INC.,
NBCUNIVERSAL MEDIA, INC., and
VIACOM, INC.,
Respondents.

CASE NO.: 1:15-mc-00150-P1
CASE IN OTHER COURT:
No. 3:14-cv-00981-HTW-LRA (S.D.
Miss.)
ECF CASE
Hon. Lorna G. Schofield

NOTICE OF SUPPLEMENTAL EVIDENTIARY SUBMISSION IN FURTHER
SUPPORT OF GOOGLE INC.’S MOTION TO COMPEL
Google Inc. (“Google”), by and through its counsel, respectfully submits this Notice of
Supplemental Evidentiary Submission in Further Support of its Motion to Compel (Dkt. No. 1)
in order to update this Court with respect to a key document just produced in discovery by AG
Hood in the underlying litigation in Mississippi.
Twenty-First Century Fox, Inc. (“Fox”), NBCUniversal Media, LLC. (“NBC”), and
Viacom, Inc. (“Viacom”) (collectively, “the Subpoenaed Parties”) have refused to produce any
documents relating to in-kind contributions or other consideration they gave to AG Hood. All
they have provided is a document “sufficient to show” the amount of money they directly gave to
him. The enclosed document shows why the Subpoenaed Parties’ limitation is improper, and
why the documents Google has actually requested bear directly on the issue of AG Hood’s illicit
motivations.
The document just produced is an email conversation between AG Hood’s staffers and
Brian Cohen, Director, External State Government Affairs for the Motion Picture Association of

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 Case 1:15-mc-00150-P1 Document 40 Filed 07/23/15 Page 2 of 3

America (Bates numbered D000904 to D000908, attached hereto as Exhibit 1). AG Hood’s
office attaches a “confidential” proposed plan for his anti-Google campaign in advance of a
meeting in Boston. That plan provides for extensive support from the Subpoenaed Parties to AG
Hood, aimed at pressuring Google to censor speech. The plan includes:
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A recommendation that “NewsCorp … develop and place an editorial in the WSJ
emphasizing that Google’s stock will lose value in the face of a sustained attack by AGs
and noting some of the possible causes of action we have developed;”1

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The suggestion that NBC’s government relations department could help AG Hood place
an anti-Google segment on the Today show;

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The proposal that AG Hood “work[] with MPAA (Vans), Comcast, and NewsCorp (Bill
Guidera) to see about working with a PR firm to create an attack on Google (and others
who are resisting AG efforts to address online piracy);”2

•

The suggestion that “[f]ollowing the media blitz, you want Bill Guidera and Rick
Smotkin [(NBC)] to work with the PR firm to identify a lawyer specializing in SEC
matters to work with a stockholder. This lawyer should be able to identify the
appropriate regulatory filing to be made against Google;” and

•

As a last resort, a proposal that AG Hood and any other state attorneys general willing to
sign on issue CIDs (written by the Subpoenaed Parties’ lobbyists).
The document thus shows that the CID was not the foundation of a legitimate

investigation—rather, it was a “final step” that would be issued only “if necessary” to further
pressure Google to capitulate to the demands of AG Hood and his supporters.
The Subpoenaed Parties were supporting that effort and plainly privy to AG Hood’s
thinking. Google can only assume that the Subpoenaed Parties have and are withholding other
documents reflecting contributions to AG Hood’s cause and the quid pro quo they expected to
receive. Those documents would shed further light on AG Hood’s motivations.

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The email exchange took place before News Corp and Fox were split into two entities.
Comcast owns NBC.

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 Case 1:15-mc-00150-P1 Document 40 Filed 07/23/15 Page 3 of 3

For these reasons and those stated in Google’s memorandums of law, Google’s motion to
compel should be granted.

Dated: July 23, 2015

Respectfully submitted,
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
By: s/ Michael H. Rubin
David H. Kramer (admitted pro hac vice)
Michael H. Rubin (admitted pro hac vice)

WILSON SONSINI GOODRICH & ROSATI PC
650 Page Mill Road
Palo Alto, CA 94304
Email: dkramer@wsgr.com
Email: mrubin@wsgr.com
Phone: (650) 496-9300
Fax: (650) 493-6811
Morris J. Fodeman
1301 Avenue of the Americas, 40th Floor
New York, NY 10019
Email: mfodeman@wsgr.com
Phone: (212) 999-5800
Fax: (212) 999-5899
Attorneys for Petitioner

GOOGLE INC.

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