CLE Courses and Speaking Events
Are You Ready For The Implications of Qualcomm v. Broadcom?
Electronic Discovery Issues Lead Once Again to “The Law of Unintended Consequences”
Knowledge is Power.
Want more knowledge?
Contact Impact for a FREE on-site E-Discovery CLE on how to avoid the Qualcomm
pitfalls…
Visit us at www.impactforensics.com to download a CLE information sheet
Background
For those who thought Zubalake would have all but eliminated major E-Discovery
stumbles, the Qualcomm v. Broadcom decision serves as another nightmarish reality
check for litigators. In January, Qualcomm was smacked with over $8 Million
in fines and their attorneys were referred to the state bar for potential ethics
violations related to their reported mishandling of Electronically Stored Information
(ESI) related to the case.
The primary source of embarrassment?
You guessed it, Email. Qualcomm attorneys were criticized for failing to produce
emails during discovery that would have shed significant light on the dispute
over patents under dispute. The Court claimed attorneys engaged in “deliberate
ignorance” related to a number of emails that ultimately shed an exposing light
on the facts of the case. The magistrate judge in this case stated that… “the
Court finds that these attorneys did not conduct a reasonable inquiry into the
adequacy of Qualcomm’s document search and production and, accordingly, they
are responsible, along with Qualcomm, for the monumental discovery violation”
Lessons Learned Perhaps the most ironic twist to this case is the reality of
just how easy it would have been to identify these emails and how obvious it
now seems that they would have been examined during discovery. A simple search
of only a few computers in the possession of the key players in the case would
have produced the emails through basic key word searching.
Take-Aways…
Be proactive. Always perform at least a basic forensic analysis and key word
searching of the primary custodians of ESI during the preliminary fact finding
stage of your case Know your client’s IT environment. Appoint a senior-level
member of your client’s management team as the central point of contact for
identifying relevant ESI Educate your client’s on the pitfalls of discovery
breaches and make sure attorneys involved in important litigation are mindful
of their duty of conducting a “reasonable inquiry” for potentially responsive
ESI.
Bottom Line:
In this age of discovery of electronically stored information, the courts
expect openness, honesty and co-operation…and they are serious.
Need more information?
Visit www.impactforensics.com Or call: 312-345-9951.
March 20th, 2008, “Impact Forensics Presents CLE Program on Computer Forensics and Electronic Discovery to Attorneys at Leydig Voit & Mayer in Chicago”January 30th, 2007, “The New Federal Rule Changes: What you Really Need to Know (an eDiscovery CLE)”August 9th, 2006, “Using Computer Forensics in Trade Secret Cases”
May 24th, 2006, “An Electronic Discovery Breakfast Briefing”
November 7th, 2005, “Electronic Discovery and Computer Forensics- Strategies for Success”
September 28th, 2004, “Electronic Discovery Breakfast Briefing”
July 27th, 2004, “A Complimentary Electronic Discovery Breakfast Briefing”
Feb. 17th, 2004, “Electronic Discovery Breakfast Briefing”
December 2nd, 2003, “A Complimentary Electronic Discovery Breakfast Briefing
Other Past Speaking Engagements :February 21, 2007; The New Federal Rule Changes for Litigation Support Staff; Chicago Association of Litigation Support Managers (CALSM); Chicago, ILFebruary 23rd, 2004, “Litigation Best Practices - Electronic Discovery” John Marshall Law School, Chicago, IL
March 18th, 2004 “Electronic Discovery; Strategies for Success” Association of Patent Law Firms, Chicago, IL
May 6th, 2004, “Computer Forensics for Lawyers” Chicago Bar Association. Chicago, IL
January 13th, 2003, “Protecting Intellectual Property - Technology Briefing” USRobotics licensing attorneys, London, United Kingdom
January 21st, 2003, “Creating a Trade Secret Protection Program” 3Com technology attorneys, Tel Aviv, Israel
February 21st, 2003, “Trade Secret Protection Strategies” Price Waterhouse Cooper’s Intellectual Property Forum, Palm Springs, CA
March 27th, 2003, “Information Protection in the Workplace” The Illinois Coalition, Chicago, IL
April 19th, 2003, “Computer Forensics for the Corporate Security Executive” American Society for Industrial Security, Chicago, IL
June 25th, 2003, “Computer Forensics Strategies for Success” The Chicago Software Association, Chicago, IL
July 20th, 2003, “Electronic Discovery and Computer Forensics” Wright Junior College, Chicago, IL
August 14th, 2003, “Electronic Document Protection” Sachnoff & Weaver Firm Sponsored Event, Chicago, IL
October 23rd, 2003, “Computer Forensics, a Powerful Investigative Tool” Asset Protection Executives Association, Peoria, IL
October 28th, 2003, “Electronic Discoveries - Strategies for Success” Leaders in Litigation Forum, Keynote Address, Chicago, IL
November 5th, 2003, “Computer Forensics in Fraud Investigations” Illinois CPA Society Convention, Chicago, IL
July 10th, 2003, “Computer Forensics and Electronic Discovery” McKenna Storer sponsored event, Chicago, IL
July 8th, 2003, “Computer Forensics and Electronic Discovery” Butler Rubin sponsored event, Chicago, IL
June 10th, 2003, “Computer Forensics and Electronic Discovery” Masuda Funai sponsored event, Chicago, IL
May 22nd, 2003, “Computer Forensics and Electronic Discovery” Bell Boyd & Lloyd sponsored event, Chicago, IL
May 2nd, 2003, “Computer Forensics and Electronic Discovery” Greer Burns & Crain sponsored event, Chicago, IL
April 7th, 2003, “Computer Forensics and Electronic Discovery” Kirkland & Ellis sponsored event, Chicago, IL
April 17th, 2003, “Computer Forensics and Electronic Discovery” Querry & Harrow sponsored event, Chicago, IL
April 15th, 2003, “Computer Forensics and Electronic Discovery” McDonnell Boehn Hulbert & Berghoff sponsored event, Chicago, IL
April, 2003, “Computer Forensics and Electronic Discovery” Much Shelist sponsored event, Chicago, IL
April, 2003, “Computer Forensics and Electronic Discovery” Pedersen & Houpt sponsored event, Chicago, IL
April, 2003, “Computer Forensics and Electronic Discovery” Freeborn & Peters sponsored event, Chicago, IL
April, 2003, “Computer Forensics and Electronic Discovery” Sonnenschein Nath & Rosenthal sponsored event, Chicago, IL
April, 2003, “Computer Forensics and Electronic Discovery” Baniak Pine sponsored event, Chicago, IL
April, 2003, “Computer Forensics and Electronic Discovery” Bartlit-Beck sponsored event, Chicago, IL
March 20th, 2003, “Computer Forensics and Electronic Discovery” Aronberg Goldgehn Davis & Garmisa sponsored event, Chicago, IL
March 18th, 2003, “Computer Forensics and Electronic Discovery” Freeborn & Peters sponsored event, Chicago, IL
March 6th, 2003, “Computer Forensics and Electronic Discovery” Sachnoff & Weaver sponsored event, Chicago, IL
December 12th, 2002, “Computer Forensics and Electronic Discovery” Marshall Gerstein & Borun sponsored event, Chicago, IL
November 18th, 2002, “Computer Forensics and Electronic Discovery” Shefski & Frelick sponsored event, Chicago, IL
September 24th, 2002, “Computer Forensics and Electronic Discovery” DLA Piper Rudnick Gray Cary sponsored event, Chicago, IL
September 19th, 2002, “Computer Forensics and Electronic Discovery” Laner Muchin Dombrow sponsored event, Chicago, IL
August 8th, 2002, “Computer Forensics and Electronic Discovery” Pattishall McAuliff sponsored event, Chicago, IL
July 22nd, 2002, “Computer Forensics and Electronic Discovery” Sachnoff & Weaver sponsored event, Chicago, IL