And you thought your day was bad?

Eclipse by Bruce A. CampbellIn Qualcomm Inc. v. Broadcom Corp.,1 a Federal Judge for the Southern District of California handed Qualcomm and six of its retained attorneys severe sanctions relating to “monumental” discovery violations after attorneys for Qualcomm failed to produce “tens of thousands” of e-mails until after trial. Specifically, the court stated that Qualcomm violated its discovery obligations by failing to produce more than 46,000 e-mails and documents that were requested in discovery (which Qualcomm agreed to produce). The court noted that Qualcomm failed to present any evidence attempting to explain or justify its failure to produce the documents. The court also found that it was likely one or more of the retained lawyers chose not to look into the correct location of the documents and accepted the unsubstantiated assurances of Qualcomm that its searches were sufficient. Of the eighteen attorneys representing Qualcomm, three were deemed responsible for the discovery failure because they handled Qualcomm’s discovery responses and production of documents, while three more were deemed responsible for the discovery violation because they did not perform a reasonable inquiry to determine whether Qualcomm had complied with its discovery obligations.

As sanctions, the court ordered Qualcomm to pay Broadcom for all of its attorneys’ fees and costs, which totaled $8.5 million dollars. To address the potential ethical violations, the court also referred six of Qualcomm’s retained attorneys to the State Bar of California.

If nothing else, the Southern District Court of California’s response to Qualcomm and its attorneys shows that discovery creates the risk of substantial potential exposure.

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12008 WL 66932

One Response to “And you thought your day was bad?”

  1. Anwalt für Erbrecht says:

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