San Francisco The federal judge overseeing the driverless car brawl between Waymo and Uber got the fireworks started a little bit early this Independence Day week.
On Monday, U.S. District Judge William Alsup of the Northern District of California asked Uber's outside lawyers at Morrison & Foerster to explain whether they had violated court orders by failing to hand over Waymo computer files in the firm's possession.
Last month, Waymo asked that Uber's attorneys be held in contempt for failing to disclose they had access to a portion of the 14,000 files allegedly stolen by former Waymo engineer Anthony Levandowski that sit at the heart of the dispute. Uber claims it never received or used any of the files in its own driverless car technology. But Waymo's lawyers at Quinn Emanuel Urquhart & Sullivan claim that Morrison & Foerster lawyers had access to some of the files as part of due diligence conducted prior to Uber's purchase of Levandowski's driverless car startup.
On Monday, Alsup issued an order to show cause asking Morrison & Foerster to explain why the firm shouldn't be ordered to turn over any Waymo material in its possession. In the order, Alsup asked Morrison & Foerster to "explain what controlling authority allows someone to knowingly receive and keep suspected stolen property despite a demand or order that it be returned to its rightful owner." Alsup's order also applies to Stroz Friedberg LLP, the consulting firm Morrison & Foerster hired to handle the due diligence on the Ottomotto deal.
Alsup ruled last Month that Uber must hand over the report that Stroz produced before Uber's acquisition of Ottomotto. But the U.S. Court of Appeals for the Federal Circuit issued a stay the day before the report was set to be turned over to Waymo. The Federal Circuit has asked for briefing, to be completed by July 13, over whether Levandowski can assert privilege to block production of the report. Levandowski, who is represented by attorneys at Ramsey & Ehrlich, has so far asserted his Fifth Amendment right against self-incrimination and refused to testify. Uber fired Levandowski in late May.
In an email message Wednesday morning, Morrison & Foerster's Arturo J. Gonz lez wrote that the issues pending before the Federal Circuit are among "a number of complicated privilege issues in this case."
"When the dust settles, it will be clear that neither Uber nor Morrison & Foerster have the files that were allegedly misappropriated," Gonz lez wrote.
Robert Ellis of Kirkland & Ellis, who represents Stroz Friedberg in the case, didn't immediately respond to an email message Wednesday.