The stakes for e-discovery are getting higher all the time. Exploding data amounts. Different sources and types of information. Shorter deadlines. Higher sanctions. Greater consequences for failure. With so many competing demands and runaway costs, getting a complete view of the e-discovery landscape in the midst of a lawsuit can be extremely difficult.
Several recent cases have shown how difficult it is to manage an effective e-discovery. In a 2008 opinion from the U.S. District Court for the Southern District of California, Qualcomm Inc. v Broadcom Corp., the judge found that Qualcomm attorneys deliberately withheld information from the defendant. The plaintiff was sanctioned $8 million. In his ruling, the judge referred to “red flags, which should have alerted the sanctioned attorneys to the fact that significant discovery gaps existed and further investigation was necessary.”
