Walker tried to suggest that’s why it doesn’t keep all chats, the way it keeps all emails after a litigation hold. The judge wasn’t having it — he says CEO Sundar Pichai’s testimony refutes that chats weren’t for business.

Now, Moskowitz is suggesting Google did a 180 to turn history on for all employees by default because it “got caught.”

“After we found that employees hadn’t been following the directions we’d given,” says Walker.