Law Com reports a further spin off of the QualComm litigation problems.
"It’s something no lawyer wants to get — a ruling from a federal magistrate saying, essentially: “come on down to court and explain to us why you don’t think you should be sanctioned for your behavior.” But that’s what lawyers at Day Casebeer Madrid & Batchelder, based in Cupertino, Calif., received earlier this week from San Diego federal magistrate Barbara Major.
The ruling was essentially a follow-up to a separate ruling made last week by San Diego federal judge Rudi Brewster. Judge Brewster held that wireless giant Qualcomm and its trial counsel, which included lawyers from Day Casebeer, committed “gross litigation misconduct” by withholding crucial evidence in a patent dispute brought by Broadcom. He ordered Qualcomm to pay legal fees to Broadcom, which could amount to $10 million.
Earlier this week, Qualcomm general counsel Lou Lupin resigned in the wake of the situation. Now the spotlight is swinging to the wireless company’s outside counsel, who have been requested to appear in court on Aug. 29 to explain themselves. "