"Massive" E-Discovery Failures Result in $8.5 Million Sanction

For anyone with a few minutes, I would highly recommend reviewing Qualcomm Inc. v. Broadcom Corp., a recent decision out of the U.S. District Court for the Southern District of California. In this case, which was originally a patent dispute, the court imposed a $8.5 million sanction against Qualcomm as a result of “massive” e-discovery failures, the fundamental root of which was “an incredible breakdown in communication.” Although outside counsel for Qualcomm narrowly escaped sanctions themselves, the Qualcomm case is a good reminder to all of us that communication is key when complying with e-discovery obligations in litigation.

See Qualcomm Inc. v. Broadcom Corp., 2010 U.S. Dist. Lexis 33889 (S.D. Cal. April 2, 2010).

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