Just a Bloody Mess Involving Electronic Discovery

Here is an update of the Qualcomm  e-discovery matter that we have been following, courtesy of the Electronic Discovery Law Blog. What a bloody mess. Qualcomm just paid over $8 million in penalties imposed by the court for failing to provide e-mails during discovery. It gets worse. In what must be every lawyer's nightmare, the court imposed a whole list of protracted and Procrustean and draconian penalties on the hapless lawyers who were in any way involved in the emails not being produced. Qualcomm thought by not appealing the penalty and paying it promptly, the matter would be over, but as the link above indicates, the opposing party still wants more blood. Here is a prior summary of the matter with links to the opinion imposing the penalties. 
 This case should be enough of an incentive to learn the acronyms ESI (electronically stored information) and EDD (electronic data discovery).

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Delaware Corporate and Commercial Litigation Blog - March 9, 2008 5:04 PM
Courtesy of The Wall Street Journal Law Blog here is a story about the recent decision from a federal court that allows the outside attorrneys for Qualcomm to be freed from the constraints of the attorney/client privilege, based on the...
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Thomason - February 29, 2008 4:47 PM

One has to wonder what is occuring in these CREDO classes that requires the entry of a confidentiality order. Perhaps it has to do with privileged matter from the discovery imbroglio, or something that someone might try to use later in an attorney disciplinary hearing.

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