A U.S. Magistrate Judge handed down severe sanctions relating to “monumental” discovery violations in Qualcomm v. Broadcom.After trial, the court discovered that Qualcom’s attorney’s failed to turn over “tens of thousands of e-mails.” In her 42 page opinion, U.S. Magistrate Judge Barbara Major said the attorney’s “assisted Qualcomm in committing this incredible discovery violation by intentionally hiding or recklessly ignoring relevant  documents, ignoring or rejecting numerous warning signs that Qualcomm’s document search was inadequate, and blindly accepting Qualcomm’s  unsupported assurances that its document search was adequate,”

Sanctions include:

• Qualcom will have to pay Broadcom’s $8.5 million attorney fees.

• Attorney’s referred to the State Bar of California for possible disciplinary action

Without question,  this ruling underscores the importance of  conducting a complete and thorough search for responsive documents.  Just what constitutes a good faith effort? How much is “good enough”?

Read more…

http://www.abanet.org/lpm/ltt/articles/vol1/is7/firewire/The-Qualcomm-EDD-Sanctions.shtml

Read the order…

http://www.abanet.org/lpm/ltt/articles/vol1/is7/docs/Qualcomm-v-Broadcom-Order-on-Remedy.pdf