02/07/2008
Warning Signs Should Have Led Sanctioned Attorneys to Inquire Into Adequacy of Client's Discovery Production
Qualcomm Inc. v. Broadcom Corp., 2008 WL 66932 (S.D.Cal. 2008)

Brief Summary

Attorneys for plaintiff Qualcomm should have inquired into the adequacy of the company’s response to defendant Broadcom’s discovery request because of the amount of the suppressed material (46,000 documents), the number of employees who had access to these documents, and the fact that the attorneys had direct evidence that the suppressed documents existed. The attorneys who were sanctioned were generally more involved in the litigation, more experienced, more exposed to warning signs, or a combination thereof.
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