In Waymo’s ongoing court battle with Uber Technologies Inc., the former recently made the case that Uber’s chief legal officer Salle Yoo should be made available to testify, noting that she was “heavily involved” in the due diligence process conducted before Uber’s acquisition of Otto. And yet, according to a July 7 filing, Yoo did not see the due diligence report from the deal until approximately May 5, 2017, nearly a year after the acquisition of Otto was announced and more than two months after Waymo filed suit.

Given the circumstances around this deal—former Uber CEO Travis Kalanick said in a July 27 deposition that M&A transactions were not common at Uber, this was the only one involving “a group of individuals who had previously worked at a competitor” and that it was expected there might be an “emotional response” from Google—is it surprising that Yoo didn’t see the due diligence report until May of this year? According to attorneys who are not involved in this lawsuit, it all depends.

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