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May 15, 2017

Via Federal Express and Email

Mr. Anthony Levandowski

c/o Ismail Ramsey, Esq.

Miles Erlich, Esq.

Ramsey & Erlich LLP

Berkeley, CA 94710

Re: Waymo LLC v. Uber Technologies, Inc. et al., Case No. C 17-00939 WHA

Dear Anthony:

As you know, an order was issued on May 11, 2017 (the “Order”), by the United States 

District Court Judge overseeing the lawsuit brought by Waymo LLC (“Waymo”) against Uber

Technologies, Inc. (“Uber”), Ottomotto LLC, and Otto Trucking, LLC (collectively, 

“Defendants”). A copy of that Order is attached to this letter.

In general, Defendants have been ordered to take a number of immediate steps with 

respect to your employment at Uber and with respect to all files, if any, that Waymo claims you 

downloaded prior to leaving your employment at Google. Uber takes it obligations under the 

Order very seriously, intends to comply fully, and expects you to do the same.

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First, in accordance with paragraph 3 of the Order, this letter confirms what was already 

decided on April 27, 2017: you are completely removed and recused from any role or 

responsibility pertaining to LiDAR at Uber. See Order at 23 ¶ 3(a). This action now has the 

force of a Court order, not just a voluntary decision by you and Uber. You should therefore 

understand that under penalty of contempt of court you are prohibited from any action that 

involves any role, responsibility, communication, or contact of any kind with Uber’s LiDAR 

efforts. You are likewise prohibited from having any communication about LiDAR or anything 

related to the subject of LiDAR with any officer, director, employee, agent, supplier, consultant, 

or customer of Uber. See id. ¶ 3(b). This prohibition includes both written and oral 

communications, and includes even highly generalized statements, if those generalized 

statements could be construed as related to LiDAR. Uber is required to take all steps in its 

power to ensure compliance with these prohibitions. Accordingly, you are hereby prohibited 

from using any laptop, tablet, computer, cell phone, or other electronic device that is not owned 

by Uber in connection with any and all employment activities at Uber, unless you agree that 

Uber can search any such device to ensure compliance with the Order. Otherwise, you may only 

perform Uber-related work on Uber-owned electronic devices. Please note that we will monitor 

 

1 As you know, Ottomotto LLC is now part of Uber, and therefore all references to “Uber” in this 

letter encompass both Uber and Ottomotto. We expect counsel for Otto Trucking LLC will 

separately be addressing with you how it intends to comply with the Order.

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any and all documents and communications you have to ensure your compliance with the Order 

and the provisions of this letter.

Second, Uber has been ordered to “exercise the full extent of [its] corporate, employment, 

contractual, and other authority to (a) prevent Anthony Levandowski and all other officers, 

directors, employees, and agents of defendants from consulting, copying, or otherwise using the 

downloaded materials; and (b) cause them to return the downloaded materials and all copies, 

excerpts, and summaries thereof to Waymo (or the Court) by MAY 31 AT NOON.” See Order at 

23 ¶ 2. The term “downloaded materials” means “any and all materials that Anthony 

Levandowski downloaded from Waymo and kept upon leaving Waymo’s employment, 

regardless of how long he kept them for and whether or not any such materials qualify as trade 

secrets or proprietary or confidential information.” Id. at 1. You should understand 

“downloaded materials” to include all copies, excerpts, and summaries thereof, whether in your 

possession or in the possession of (a) Stroz Friedberg LLC, (b) any attorney who has represented 

you for any reason, and/or (c) any other person to whom you ever sent or gave downloaded 

materials. See id. & 24 ¶ 4. 

To comply with these provisions, you must do the following:

 If you deny ever having taken any downloaded materials from Google, you must 

attest to that fact fully and completely in a written statement and provide that 

statement to the Uber legal department.

 If you are unable to unequivocally deny ever having taken any downloaded materials

from Google, you must immediately:

o Provide to our outside counsel at Morrison & Foerster, who will provide them 

to Waymo’s lawyers or to the Court, any downloaded materials in your 

possession (and not keep any copies thereof).

o Instruct every person that you have reason to believe may be in possession of 

any downloaded materials to provide those files to our outside counsel at 

Morrison & Foerster, who will provide them to Waymo’s lawyers or the Court 

(and not to keep any copies thereof).

o If you or anyone else has destroyed any downloaded materials, you must attest 

to those facts fully and completely in a written statement and provide that 

statement to the Uber legal department. 

In addition, this letter confirms that you are (and always have been) prohibited from 

consulting, copying, or otherwise using any downloaded materials for any reason or purpose 

whatsoever, including, without limitation, any activities undertaken with respect to your 

employment at Uber. See id. at 23 ¶¶ 2(a) & 3(c).

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We are required to return any downloaded materials to the Court or Waymo by May 31, 

2017. To ensure that deadline is met, we need confirmation of your complete compliance with 

the foregoing requirements by no later than May 24, 2017. 

Third, the Court has ordered us to conduct a thorough and complete investigation 

pertaining to the downloaded materials, to be completed by June 23, 2017. See id. at 24 ¶ 4. 

This accounting is an extremely extensive and onerous requirement that requires maximum 

cooperation and effort by all involved. Accordingly, you must do the following:

(a) Make yourself immediately and continuously available at any point from now until at 

least June 23, 2017, upon our request or our attorneys’ request, to assist in this 

investigation and to provide full interviews and consultations as needed to identify all 

of the information required by the Court. 

(b) Instruct all your personal attorneys to cooperate with us in this same investigation and 

to share any relevant information they have with us.

(c) If you have not fully complied with our prior request to return all Uber-owned 

documents in your possession, custody, or control, you must immediately return all 

such documents to us.

(d) Provide us with a list of every person to whom you ever sent or gave any downloaded 

material, or excerpts, summaries, or copies thereof, the date on which you sent or 

gave such person such downloaded material.

(e) Provide us a list of every person, including employees, officers, directors, agents, 

suppliers, customers, or consultants -- associated with Uber or Otto with whom you 

communicated on the subject of LiDAR. If you possess any notes or records 

referencing the communication, provide us with copies of those notes or records, as 

well.

Given the June 23 deadline for our accounting, we must have your compliance with the 

foregoing beginning immediately, and we expect that your provision of the information 

described above will be substantially complete within one week of your receipt of this letter.

We understand that this letter requires you to turn over information wherever located, 

including but not limited to, your personal devices, and to waive any Fifth Amendment 

protection you may have. Also, the requirement that your lawyers cooperate with us and turn 

over information that may be in their possession may invade your attorney-client privilege. 

While we have respected your personal liberties, it is our view that the Court’s Order requires us 

to make these demands of you. Footnote 9 of the Order specifically states that “in complying 

with this order, Uber has no excuse under the Fifth Amendment to pull any punches as to 

Levandowski.” (Order at 23, no. 9.) Thus, we must demand that you set these privileges aside 

and confirm that you will promptly comply with the Court’s Order.

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Finally, as you know, your employment at Uber is on an at-will basis. See A. 

Levandowski Employment Agreement, Aug. 17, 2016 ¶ 5(a) (“August 17, 2016 Employment 

Agreement”). As a condition of your employment at Uber, you must comply with all of the 

requirements set forth in this letter. If you do not agree to comply with all of the requirements 

set forth herein, or if you fail to comply in a material manner, then Uber will take adverse 

employment action against you, which may include termination of your employment and such 

termination would be for Cause.

If you comply with these requirements, your employment at Uber will continue on an atwill basis. For the avoidance of doubt, Uber retains the sole right to determine whether you are 

in compliance with the requirements set forth above.

We continue to believe that no Waymo trade secrets have ever been used in the 

development of our self-driving technology, and we remain confident that we will prove that fact 

in due course. Until then, we insist that you do everything in your power to assist us in 

complying with the Order. 

Very truly yours,

Uber Technologies, Inc.

______________________________

By: Salle Yoo

General Counsel

cc: Travis Kalanick

Enclosures: May 11, 2017 Order (public version)

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