"Massive" E-Discovery Failures Result in $8.5 Million Sanction
For anyone with a few minutes, I would highly recommend reviewing Qualcomm Inc. v. Broadcom Corp., a recent decision out of the U.S. District Court for the Southern District of California. In this case, which was originally a patent dispute, the court imposed a $8.5 million sanction against Qualcomm as a result of “massive” e-discovery failures, the fundamental root of which was “an incredible breakdown in communication.”
Recent Court Ruling Could Impact Who Pays the Cost of Producing Electronic Discovery
Traditionally, while a responding party must pay the costs of producing discovery, the cost of duplicating or photocopying documents is not included in this assessment. However, the advent of electronic discovery largely obviated the requesting party’s fiscal burden. CBT Flint Partners v. Return Path, 2009 U.S. Dist. LEXIS 121188 (N.D. Ga. Dec. 30, 2009) is a novel attempt to reinstitute the sense of restraint that precludes “overly broad discovery requests that required the production of 1.4 million electronic documents and 6 versions of source code.” Id. at *10.
Monitoring Employees' Workplace Email and Use of Social Media
Janet Cecelia Walthall recently commented in her article "Workplace Monitoring of Social Media, Web Use Raises Unsettled Privacy Questions" about monitoring employees' workplace email and use of social media and networking sites.
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