“One or more of the retained lawyers chose not to look in the correct locations for the correct documents, to accept the unsubstantiated assurances of an important client that its search was sufficient, to ignore the warning signs that the document search and production were inadequate, not to press Qualcomm employees for the truth, and/or to encourage employees to provide the information (or lack of information) that Qualcomm needed to assert its non-participation argument and to succeed in this lawsuit. These choices enabled Qualcomm to withhold hundreds of thousands of pages of relevant discovery and to assert numerous false and misleading arguments to the court and jury.” The matter was referred to the California State Bar for potential ethical violations, and the attorneys along with the client were sanctioned $8.5 million. See Qualcomm v. Broadcom, No.05-1958, 2008 WL 66932 (S.D.Cal. Jan. 7, 2008).
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