Obstructed government raids

Former Uber employee Samuel Spangenberg alleged that when regulators raided local Uber offices, Uber’s standard response included severing all network connections so that law enforcement could not access documents stored on Uber servers outside the premises.

City managers told drivers to disguise themselves to avoid enforcement by MIA airport police

In response to enforcement by airport police at Miami International Airport, Uber’s Miami city managers advised drivers to conceal themselves from airport police:

This is an important message from Uber Miami for our valued partners in South Florida about serving South Florida airports, including Miami International Airport. There have been some instances of partners receiving tickets for picking up or dropping off Uber riders at the airport.
While we continue our discussions with authorities on ways to develop a long-term solution, here are a few things you can do to make the pickup and drop off experience more enjoyable for both you and the rider:
– Keep your Uber phone off your windshield – put it down in your cupholder
– Ask the rider if they would sit up front
– Use the lanes farthest from the terminal curbside for pickup and drop off

Mike Isaac’s Super Pumped (p. 294)extends this quote with Uber’s promise to reimburse tickets and legal costs:

Remember, if you receive a ticket while picking up or dropping off Uber riders at the airport, Uber will reimburse your costs for the ticket and provide any necessary legal support. Take a picture of your ticket and send it to XXXXXXXXXX@uber.com.

Escort bar visit cover-up

Uber employees visited a South Korean escort bar.

When one member of the party later complained, Uber SVP of Business Emil Michael contacted Gabi Holzwarth (who had been dating Kalanick at the time) — asking that she tell anyone who asked that it was just karaoke. She refused, taking his request for a cover-up as impetus to discuss the incident publicly.

Details from The Verge.

Mike Isaac’s Super Pumped (p. 305) reports that after Michael contacted Holzwarth, he alerted Uber SVP of Communications Rachel Whetstone who consulted with general counsel Salle Yoo and others — all hoping to conceal the situation so it wouldn’t leak.

Underpaid New York drivers

By retaining commissions 2.6% beyond the amount specified in the applicable contract, Uber underpaid drivers in New York.  Jim Conigliaro, founder of the Independent Drivers’ Guild, called Uber’s actions “theft.”  Engadget reported that the amount averaged $900 per driver, yielding a total overcharge of more than $40 million.

2015 contract revisions indicate that Uber knew it was wrongly taking commission on gross fares, thereby overcharging drivers, though the company denied that allegation.

Ignored employee reports of sexual harassment

Former Uber software engineer Susan Fowler posted a 4,000+ word report of her experience reporting sexual harassment at Uber. Among other problems, she reported multiple senior managers failing to take action on the problems she reported — and retaining the employees who engaged in misconduct.

Mike Isaac’s Super Pumped (p. 262, 266) adds details: Fowler’s manager hit on her during her first first day of work.  She reported him to HR, with screenshots of his remarks, but Uber HR said it was his first offense and encouraged her to find a new team.

Blocked regulators’ investigations by sending bogus data

Through its “Greyball” system, Uber attempted to identify officials investigating its methods, including noting accounts created from within or near regulators’ offices and rides requested from those areas.  When a user was classified as affiliated with a regulator, Uber intentionally denied that user’s requests, declining to send a driver—preventing the regulator from finding drivers and bringing enforcement actions against drivers or Uber.

The US Department of Justice launched a criminal probe into Uber about this practice.

The New York Times reported that at least 50 people inside Uber knew about these tactics, and that the  program was approved by then-General Counsel Salle Yoo.

Litigation by Uber investor Benchmark Capital reported that, as of August 2017, Uber faced Greyball-related regulatory inquiries in Portland, Oregon; subpoenas from US Attorneys in California and New York; various other city and state inquiries; and an inquiry from the European parliament.

In September 2017, Portland finished its investigation, finding that Uber had used Greyball to block 29 ride requests by 16 government officials whose job it was to regulate Uber.

Portland Bureau of Transportation Audit of Greyball including full audit report

Hired a private investigator to investigate litigation adversaries

Uber hired a private investigator to interview friends and colleagues of Stephen Meyer, plaintiff in class action litigation against Uber, as well as Meyer’s attorneys.  Interviewing acquaintances and professional colleagues, the PI falsely claimed to be “profiling top up-and-coming” leaders and conducting “real estate market research.”  When plaintiff’s counsel learned about these inquiries and asked Uber’s counsel whether Uber had hired a PI, Uber attorneys claimed “Whoever is behind these calls, it is not us.”  But as evidence mounted, Uber eventually admitted to having initiated the investigation.

In criticizing Uber’s decision to “hire unlicensed private investigators to conduct secret personal investigation of both the plaintiff and his counsel” as well as the “blatant misrepresentations” and “false pretenses” of the investigation, federal judge Jed Rakoff found “sufficient basis to suspect that Ergo had committed fraud in investigating plaintiff through the use of false pretenses” and that Uber’s instructions had furthered the fraud.  Uber paid an undisclosed sum to plaintiff and plaintiff’s attorneys to resolve this misconduct.

Rakoff’s decision indicates that Uber’s investigation of Meyer and his attorneys was initiated by Uber then-General Counsel Salle Yoo who sought assistance from Chief Security Officer Joe Sullivan.

Private investigator’s report.  Uber staff communicated with private investigator using Wickr, a self-deleting messaging app, though some messages were recovered during subsequent litigation.

Meyer v. Kalanick – litigation docket