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Electronic Discovery Violations and Litigation Misconduct

In its recent judgment, the court held Qualcomm guilty of withholding a large number of electronically stored documents. Qualcomm never searched the e-mails of certain key witnesses for responsive documents. It held back tens of thousands of e-mails that were decisive in the case, observed the court. The judge affirmed a sanction on Qualcomm’s counsels of over US $ 8.5 million. The judgment also held them guilty of gross litigation misconduct. The judge termed it a reckless disregard of their electronic discovery obligations. The State Bar of California is to take up further inquiry and possible disciplinary action against the attorneys.

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