January 29, 2008     03:00pm - 04:30pm Eastern

On January 7, 2008, a United States Magistrate Judge in the Southern District of California issued a sanction order in a high-profile patent infringement dispute, Qualcomm Inc. v. Broadcom Corp. The court ordered the plaintiff to pay all the defendant's attorneys' fees and costs, $8.5 million, for "monumental and intentional discovery violation." In addition, the court found that six Qualcomm attorneys engaged in "intentionally hiding or recklessly ignoring relevant documents... and blindly accepting Qualcomm's unsupported assurances that its document search was adequate." The court ordered the six attorneys to submit to state ethics authorities, and ordered Qualcomm's legal department to engage in a comprehensive internal investigation of its discovery practices, and to report its findings and recommendations to the court. The case and the sanctions order raise significant questions about the problems associated with conducting broad electronic discovery in large business organizations, the relationship between inside and outside counsel conducting such discovery, the sanctioning power of the court, and the role ethical considerations should play in e-discovery.

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$79 Working Group Members of The Sedona Conference^®

$99 General Public

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