Stroock Litigation Practice Group Special Bulletin
“The Qualcomm Decision: Ethics In Electronic Discovery”
In a recent Southern District of California decision, Qualcomm, Inc. v. Broadcom Corp., the court sent a clear message that ethics is at the forefront of the developing realm of electronic discovery. Although their final reckoning has not yet come, the preliminary sanctions order required six attorneys for the plaintiff, Qualcomm, to notify the California State Bar of their violation of the rules of professional responsibility arising from their conduct in the discovery and trial of this matter. Qualcomm itself was hit with $8.5 million in sanctions for its role in egregious discovery violations.