Wednesday, November 07, 2007

Bigelow underscores irony in Qualcomm non-disclosure of emails in discovery

In an article titled Qualcomm touts tools to archive e-mails, writer Bruce V. Bigelow underscores an apparent irony BETWEEN new technology developed between Qualcomm and Zantaz for archiving emails AND Qualcomm's behavior in concealing emails in the recent Broadcom litigation.

In highlighting the irony, Bigelow wrote: The Oct. 9 session [Gartner ITxpo symposium in Orlando, Fla. at which the Qualcomm/Zantaz technology was disclosed] took place on the same day The Wall Street Journal published a story describing Qualcomm's legal problems after the company failed to produce an “iceberg-size cache” of e-mails and other electronic evidence in a trial this year.

There has been no final decision in the case surrounding the (potential) misconduct of the lawyers of Qualcomm. Bigelow noted:

Qualcomm, as a global leader in advanced technologies, has not argued that it lacked the technical capability to retrieve the e-mails and other documents that were held back in the Broadcom case. But the company and its lawyers have declined to explain what happened, citing the confidentiality provided by Qualcomm's attorney-client privilege.

“Because of the issues surrounding (that) privilege, right now we're not able to explain why there were mistakes that occurred in the litigation,” said Qualcomm spokeswoman Christine Trimble. Lawyers involved in the sanctions hearing declined to comment for this story.

Bigelow wrote of the technology itself:

Notes taken by a software developer who attended the Gartner session said the presentation by Qualcomm's Hough and Zantaz CEO Steve King focused on the “convergence of archiving and electronic discovery (e-discovery) and why you need to develop a unified strategy for both maximum efficiency and preparedness.”

Zantaz presented the latest version of its “Enterprise Archive Solution” as an e-mail management system developed to help corporations respond to legal requests for electronic documents in pre-trial discovery.


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