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Deterring E-Discovery Misconduct with Counsel Sanctions: The Unintended Consequences of Qualcomm v. Broadcom

This recent article by Thomas Y. Allman in the Yale Law Journal Pocket Part stresses that failure to meet discovery obligations is a serious impediment to the fair, prompt and cost-effective resolution of disputes and, in extreme forms, can undermine public confidence in the integrity of the process.

Allman, co-chair of the Steering Committee of The Sedona Conference® Working Group on Electronic Document Retention and Production, writes that “harsh sanctions are appropriately imposed on parties and their counsel when egregious discovery misconduct affects the progress of a case.” Continue reading…


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