Litigation

Just a Bloody Mess Involving Electronic Discovery

By Francis G. X. Pileggi, Esq.

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).

Full post as published by Delaware Corporate and Commercial Litigation Blog on February 28, 2008 (boomark / email).