The Qualcomm attorneys previously sanctioned for their egregious misconduct in electronic discovery are now to get another bite of the apple to explain what appears to most experts to be inexplicable conduct. U.S. District Judge Rudi Brewster reasoned that the self-defense exception to attorney-client privilege should apply because Qualcomm tried to clear itself while criticizing the attorneys in court declarations. Brewster vacated and remanded sanctions ordered by U.S. Magistrate Judge Barbara Major on January 7th against Day Casebeer’s James Batchelder, Adam Bier, Kevin Leung, Christian Mammen and Lee Patch, and Heller’s Stanley Young. The attorneys had filed objections to Major’s order, which referred them to the State Bar of California for discipline. Essentially, the attorney-client privilege has now been pierced and the attorneys are free to explain how the alleged misconduct was Qualcomm’s fault and not theirs.
No one appears to doubt that Qualcomm behaved badly, except perhaps Qualcomm itself. But can these attorneys tell us anything that would exonerate them from all the charges levied by Judge Major in her opinion? Stay tuned.
Further information may be found at http://www.law.com/jsp/article.jsp?id=1204804010155
Hat tip to my friend Dave Ries for sending me the link.
The court’s order may be found at http://www.ediscoverylaw.com/Brewster.pdf
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