The nuance here too is that just because someone has concern about materials being discoverable does not mean the company is doing something illegal. Corporate law as it pertains to legislation (US in this perspective) is a dance between company and current administration. When it comes to antitrust and other related legislation the equilibrium is shades of gray that changes between both administration changes but sometimes from the same administration. Companies look to optimize their outcomes and the government is optimizing not so much for legality but what the current administration sets as the main concern.