Recent decisions in Qualcomm v. Broadcom-sanctioning party and counsel for discovery misconduct and referring counsel to state bar and remanding for further proceedings-have thrown into bold relief the complicated issues of electronic data discovery compliance.
Discovery increasingly has become a collaborative project of a company and its internal staff, including in-house counsel-together with outside trial counsel. The allocation of responsibility can be troublesome, however, when courts posit that retained counsel must supervise their clients under conditions not consistent with client expectations.
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