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September 30, 2007

Qualcomm-Broadcom ruling: a taste of what's to come?

Qual Here's the American Lawyer Media coverage.

This sort of dispute will happen more often, as the federal courts place more responsibility on the lawyers to ensure full discovery compliance in big cases with e-discovery.  And once the judge displays unhappiness with the quality of discovery compliance, there will arise a tension, if not an outright conflict, between clients and their lawyers.  That tension has always been there, but in the wake of the Kirkland-Morgan Stanley matter and this Qualcomm matter, I expect large firms and their large clients will begin to discuss, negotiate, and document discovery compliance issues more intensely at the outset of large litigations than they do now.  They will also create more internal documentation in the course of litigation, to build a better record of who is responsible for what compliance.

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