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September 30, 2007

Qualcomm Firms Can Disclose Work Product

Our colleague Jessie Seyfer of The Recorder reports on a Friday ruling in the Qualcomm/Broadcom litigation:

A federal magistrate cleared the way Friday for Qualcomm's former outside litigators to publicly explain their roles in the company's failure to turn over hundreds of thousands of discoverable documents.

And if the lawyers' explanations don't adequately get to the truth of what happened, the judge will consider sanctions against Qualcomm itself, according to attorneys involved in the case. San Diego, Calif., federal Magistrate Judge Barbara Major had earlier threatened sanctions against all of Qualcomm's outside counsel.

Major ruled at a hearing Friday that the attorneys, from the Heller Ehrman and Day Casebeer Madrid & Batchelder firms, can file declarations with the court by Wednesday shedding light on why the documents weren't turned over.

Full article here.

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Comments

It will be interesting, to say the least, to see how this all plays out.

I wonder what impact this will have on the future discovery issues. When an attorney's files and records are released so the attorney can defend himself, a new EDD flap might ensue over which of the attorney's files and records retain their privilege. EDD on top of EDD.

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