Ethical issues in discovery and lessons to be learned from recent discovery-related decisions, citing Rambus/Micron and Rambus/Hynix, Qualcomm v. Broadcom, Rimkus v. Cammarata, and Personal Audio v. Apple
Ethical Issues in eDiscovery - Lessons to be LearnedKlemchuk LLP
Ethical issues in discovery and lessons to be learned from recent discovery-related decisions, citing Qualcomm v. Broadcom, Rimkus v. Cammarata, and Pension Committee
Ethical Issues in Discovery - Trial SkillsKlemchuk LLP
This document discusses lessons learned from recent court cases involving discovery issues:
- Courts are holding both clients and counsel responsible for failing to properly preserve evidence and comply with discovery obligations. Sanctions like adverse inferences are being imposed.
- All parties must make accurate representations and fully produce responsive information. Counsel must take responsibility for ensuring clients meet discovery duties, including implementing litigation holds and search/collection plans.
- If unsure whether to produce information, parties should err on the side of production. Documentation of discovery efforts may help defend those efforts if issues arise. Counsel must follow any plans in place and modify them as needed.
Pre-Issuance (Third-Party) Submissions - More DetailedKlemchuk LLP
Third parties can submit patents and publications for consideration during patent examination under the pre-issuance submission process. Submissions can be made electronically or on paper before the first office action or within 6 months of publication. The PTO will review submissions for compliance before notifying the applicant. Examples show submissions leading examiners to issue rejections or notices being sent to applicants. While submissions may help limit competitor patent scope, disadvantages include retaliation or broad patents still issuing. Best practices include timely monitoring of filings and high-quality, focused prior art submissions.
Inter Partes Review - Learning From the Denied PetitionsKlemchuk LLP
This document summarizes key considerations from inter partes review petitions that have been denied. It outlines the IPR process and requirements for petitions. It then analyzes examples of denied petitions, finding common reasons were failures to properly construe claims, support obviousness combinations, address patent owner responses, and provide sufficient expert testimony. It concludes with best practices such as avoiding time bars, strengthening expert opinions, considering claim construction, and thoroughly responding to petitions.
E-Discovery 10 Years after Qualcomm v. Broadcom - Where We Are and Where We A...Kirby Drake
This document summarizes key lessons from the landmark e-discovery case Qualcomm v. Broadcom from 10 years ago. It discusses how e-discovery has evolved to include a wide range of electronically stored information. It analyzes problems that arose in Qualcomm due to lack of responsibility over document collection and verification. Key lessons outlined include the importance of being truthful, erring on the side of production, having a clear plan for compliance, and properly documenting discovery efforts. The document also provides guidance on current e-discovery best practices and considerations for social media discovery.
DBA Presentation On E-Discovery by Kirby DrakeKlemchuk LLP
This document provides an overview of electronic discovery (e-discovery) including the e-discovery process, key influencers like company size and data infrastructure, and the typical e-discovery model. It discusses 2015 rule changes focusing on proportionality and cooperation. Key takeaways include thinking and acting proportionally, having early discussions to define discovery scope, and using honesty and diligence. The document also covers specific issues like social media discovery, email and privilege challenges, preservation obligations, and case examples where parties ran into issues or sanctions related to e-discovery and preservation.
PASSCO - Examining the Ebb and Flow of Electronic Discovery: Tips, Tools, and...Kirby Drake
This presentation discusses various court decisions relevant to electronic discovery and concludes with a discussion of the intersection between e-discovery and social media.
Ethical Issues in eDiscovery - Lessons to be LearnedKlemchuk LLP
Ethical issues in discovery and lessons to be learned from recent discovery-related decisions, citing Qualcomm v. Broadcom, Rimkus v. Cammarata, and Pension Committee
Ethical Issues in Discovery - Trial SkillsKlemchuk LLP
This document discusses lessons learned from recent court cases involving discovery issues:
- Courts are holding both clients and counsel responsible for failing to properly preserve evidence and comply with discovery obligations. Sanctions like adverse inferences are being imposed.
- All parties must make accurate representations and fully produce responsive information. Counsel must take responsibility for ensuring clients meet discovery duties, including implementing litigation holds and search/collection plans.
- If unsure whether to produce information, parties should err on the side of production. Documentation of discovery efforts may help defend those efforts if issues arise. Counsel must follow any plans in place and modify them as needed.
Pre-Issuance (Third-Party) Submissions - More DetailedKlemchuk LLP
Third parties can submit patents and publications for consideration during patent examination under the pre-issuance submission process. Submissions can be made electronically or on paper before the first office action or within 6 months of publication. The PTO will review submissions for compliance before notifying the applicant. Examples show submissions leading examiners to issue rejections or notices being sent to applicants. While submissions may help limit competitor patent scope, disadvantages include retaliation or broad patents still issuing. Best practices include timely monitoring of filings and high-quality, focused prior art submissions.
Inter Partes Review - Learning From the Denied PetitionsKlemchuk LLP
This document summarizes key considerations from inter partes review petitions that have been denied. It outlines the IPR process and requirements for petitions. It then analyzes examples of denied petitions, finding common reasons were failures to properly construe claims, support obviousness combinations, address patent owner responses, and provide sufficient expert testimony. It concludes with best practices such as avoiding time bars, strengthening expert opinions, considering claim construction, and thoroughly responding to petitions.
E-Discovery 10 Years after Qualcomm v. Broadcom - Where We Are and Where We A...Kirby Drake
This document summarizes key lessons from the landmark e-discovery case Qualcomm v. Broadcom from 10 years ago. It discusses how e-discovery has evolved to include a wide range of electronically stored information. It analyzes problems that arose in Qualcomm due to lack of responsibility over document collection and verification. Key lessons outlined include the importance of being truthful, erring on the side of production, having a clear plan for compliance, and properly documenting discovery efforts. The document also provides guidance on current e-discovery best practices and considerations for social media discovery.
DBA Presentation On E-Discovery by Kirby DrakeKlemchuk LLP
This document provides an overview of electronic discovery (e-discovery) including the e-discovery process, key influencers like company size and data infrastructure, and the typical e-discovery model. It discusses 2015 rule changes focusing on proportionality and cooperation. Key takeaways include thinking and acting proportionally, having early discussions to define discovery scope, and using honesty and diligence. The document also covers specific issues like social media discovery, email and privilege challenges, preservation obligations, and case examples where parties ran into issues or sanctions related to e-discovery and preservation.
PASSCO - Examining the Ebb and Flow of Electronic Discovery: Tips, Tools, and...Kirby Drake
This presentation discusses various court decisions relevant to electronic discovery and concludes with a discussion of the intersection between e-discovery and social media.
As competition and innovation in the private space race increases, so too will the importance of patent protection. Partner Tom Cowan gave an informative presentation that examines basic patent issues that stakeholders should be aware of, including ownership of space-related inventions, whether you can patent those inventions, how to mitigate the risk of infringing others’ space patents, and how the U.S. patent law operates in space.
Patent Law Review - IP Year in Review CLE v2Bryan Beel
This document provides a summary of a presentation on recent developments in patent law given to the Oregon State Bar Intellectual Property Section. It discusses several topics, including proposed patent legislation, practice before the International Trade Commission and Patent and Trademark Office, as well as recent decisions from the Federal Circuit and Supreme Court that have impacted patent law. The presentation was delivered by Bryan Beel of Perkins Coie LLP on February 14, 2014.
This presentation discusses the emerging tort of "intrusion upon seclusion" in Canada. It summarizes a key court case, Jones v. Tsige, that recognized this tort for the first time. The tort involves the intentional and unauthorized intrusion upon a person's private affairs or concerns in a manner highly offensive to a reasonable person. The presentation examines the implications of this new tort for corporate data security, computer monitoring, employer surveillance, private investigations, and litigation involving investigations. It advises employers to have clear, well-enforced policies governing access to employee information and electronic devices to reduce risks from this developing area of privacy law.
This document provides an overview of intellectual property topics including patents, trade secrets, and related cases. It discusses what patents are, how they are obtained and enforced, and key requirements like novelty and non-obviousness. Business method patents and landmark cases are addressed. Trade secrets are defined as virtually any valuable business information that owners take reasonable steps to protect. Both patents and trade secrets are important forms of intellectual property protection.
IP & Business Presentation - Daniel Piedra - PublicationDaniel Piedra
The document discusses the Supreme Court case Cuozzo Speed Technologies, LLC v. Lee, which addressed two issues regarding inter partes review (IPR) under the America Invents Act: 1) whether the Patent Trial and Appeal Board's (PTAB) decisions to institute IPR are judicially reviewable, and 2) whether PTAB can use the "broadest reasonable interpretation" standard to construe patent claims in IPR. The Court held that PTAB's institution decisions are generally not reviewable but may be in limited circumstances, and that PTAB can continue using the broadest reasonable interpretation standard in IPR. The decision was seen as preserving the current IPR system but limiting opportunities for patent owners to
Ethical Considerations for Paragraph IV Matters Before the PTO and District C...Rachel Hamilton
The Advanced Forum for Brand Name and Generic Counsel on the Intricacies of Extreme Hatch-Waxman Litigation. *Pre-suit Considerations * Commencement of Suit * Discovery *Motion Practice* Final Adjudication
Experience Mazda Zoom Zoom Lifestyle and Culture by Visiting and joining the Official Mazda Community at http://www.MazdaCommunity.org for additional insight into the Zoom Zoom Lifestyle and special offers for Mazda Community Members. If you live in Arizona, check out CardinaleWay Mazda's eCommerce website at http://www.Cardinale-Way-Mazda.com
I presented comprehensive e-discovery webinar with Eric Mandel, national e-discovery counsel and leader of the information law practice group at Zelle Hofmann Voelbel & Mason LLP.
Here are a selection of the slides that I created for the presentation
A presentation at the University of Bergen, Norway, on the best practices in fair use project at American University's Center for Social Media, and its implications for European creators.
BoyarMiller - You Lost Me At Gigabyte: Working with Computer Forensic ExaminersBoyarMiller
The document provides an overview of drafting and executing electronic forensic protocols for computer forensic examinations. It discusses best practices for completing three main stages: (1) drafting the protocol which defines what data will be examined and how, (2) harvesting data from target devices using appropriate forensic tools, and (3) reviewing the data to identify responsive files and ultimately delete files agreed upon by both parties. The document emphasizes selecting a qualified forensic expert, tailoring the protocol to each case, and maintaining evidentiary integrity throughout the examination process.
The document discusses electronic forensic examinations in trade secret theft cases. It covers the legal basis for forensic examinations under In re Weekley Homes, L.P., selecting a qualified forensic expert, drafting forensic protocols, examining target devices and data, reviewing extracted information, international collection considerations, and DTSA notice requirements for employment agreements.
1) The document discusses conducting internal investigations within companies. It covers topics such as when internal investigations are triggered, how to conduct them, and whether an independent committee is needed to oversee the investigation.
2) Preserving and collecting relevant documents, data, and emails is an important initial step of any internal investigation. Companies must act quickly to preserve electronic and physical records.
3) The scope of the investigation should be clearly defined in writing, but may need to be expanded as more information is uncovered. Keeping the investigation narrowly focused can help ensure it is effective.
A Trial Lawyer's Approach to Ethical Problems in E-DiscoveryBrendan Kenny
The document discusses the ethical challenges of electronic discovery (ediscovery) in litigation. It outlines attorneys' duties related to competence, confidentiality, candor and fairness under the Model Rules of Professional Conduct as they apply to ediscovery. Case law examples show courts sanctioning attorneys for failing to locate relevant electronically stored information, protect privileged communications, make false statements about evidence, and engage in obstructionist discovery tactics. Emerging technologies like social media and cloud computing are also raising new ethical issues regarding client information security and accessibility. Overall, the document emphasizes that attorneys must understand ediscovery to competently represent clients while avoiding ethical violations.
April 2013 Raytheon Settlement SummaryJohn Priecko
The April 30th, 2013, Consent Agreement between the US Department of State (DOS) and Raytheon has some important lessons learned for trade compliance professionals at all levels in an organization. It’s also Raytheon’s third settlement with the DOS in less than 15 years.
This one-page summary captures the important points of their latest settlement. While trade compliance/export control practitioners are encouraged to read all the documents, many C-level executives don’t have the interest or time to digest them including the Proposed Charging Letter, Consent Agreement and Order. These one-page summaries are bite-size tools that have proven education and training benefits. They have also consistently proven useful in beefing-up audit and assessment checklists.
There are some key takeaways buried in the Raytheon settlement documents. If you read carefully you’ll come to the conclusion their compliance program was clearly not up-to-speed (some have said badly broken). Additionally some individuals apparently not fulfill their responsibilities administrating agreements and ensuring previously mandated compliance measures were thoroughly taken care of. They also had serious shortfalls in investigating and correcting violations as well as problems managing voluntary disclosures.
The terse settlement document quotes about the state of their compliance program paint a picture of ineffective, inadequate, insufficient and failed efforts over years that resulted in hundreds of disclosures and violations.
As you read this Settlement Summary and the complete set of documents, ask yourself what your organization is doing in these same areas. If enforcement came knocking at your door what would they find? Do you or your organization have similar issues? If so, what are you doing to close the gaps?
If you want to expand your compliance perspective and better understand the current enforcement environment, review all three of Raytheon’s DOS settlements to gain an appreciation for the evolution of how State handles settlements and particularly so in the area of mandated compliance measures.
Intel announced that its fourth-quarter business will be below previous expectations, with revenue expected to be $9 billion, lower than the $10.1-10.9 billion expectation. Gross margin is also expected to be lower at 55% due to lower revenue and other charges from weaker demand. Spending is projected to be $2.8 billion compared to $2.9 billion expected previously. Risk factors that could further impact results include continued uncertainty in global economic conditions, competition, manufacturing costs and yields, and impairment charges.
This document provides an overview of business conditions and opportunities in Brazil's construction industry for foreign companies and investors. It contains the following key points:
1) Brazil has a large territory and population, with most people living in urban areas along the coast, particularly in the southeast.
2) The economy has grown steadily, though currency devaluations have reduced GDP figures in US dollars. Unemployment also affects per capita income.
3) The construction industry has significant potential for growth, driven by infrastructure needs, the housing deficit, and major events like the World Cup and Olympics. This presents opportunities for foreign investment and joint ventures.
This document provides information on flame weeding as a non-chemical weed control technique for vegetable crops. It discusses using flame weeding pre-emergence through stale seedbed and peak emergence techniques to control the first flush of weeds. It also covers post-emergence flaming methods like cross flaming, parallel flaming, and middle flaming to selectively control weeds in emerged crops. The document outlines benefits farmers have seen from flame weeding like greatly reducing labor costs for hand weeding and achieving nearly weed-free beds.
This document discusses STEM education and innovation. It begins with a brief history of STEM-related events and organizations. It then discusses the importance of STEM jobs and integrating STEM with other fields like the arts. Examples are given of STEM integration initiatives across various industries and locations. The document argues that cultivating innovation requires organizing education beyond traditional academic disciplines and integrating fields like STEM, arts, health and computer technology. It provides examples of how different places are developing as innovation centers through cross-disciplinary work and public-private partnerships in areas like digital media.
Smart Power: the Future of Electric Utilities in the US and China, Peter Fox-...Beijing Energy Network
In the presentation Dr. Fox-Penner will be summarizing the key topics in his book, namely the shifts required in the US power grid to change from a centralized, vertically-integrated energy infrastructure to a more distributed generation infrastructure. He will cover the decarbonization of the US power sector as well as the impact of “smart grid” developments. Finally, he will contrast the US situation with that of China and talk about the impact of large amounts of renewables integration on the grid.
James W. Bilbro is an expert consultant with over 40 years of experience in aerospace systems and technology assessment for NASA, the Department of Energy, and the US Air Force. He specializes in technology readiness levels, risk identification, and developing processes for assessing cost, schedule, and risk of new technologies. Some of his accomplishments include refining the Technology Readiness Level scale and developing automated assessment tools. He currently provides consulting services and lectures on various aspects of technology assessment.
This document provides information about the 16th Annual Southern Building Show & Conference taking place from June 4-6, 2009 at the Cobb Galleria Centre in Atlanta, Georgia. It includes the schedule of events, education sessions, list of exhibitors and floor plan of the venue. The event will feature nearly 40 education sessions, an exhibit hall with hundreds of product showcases, and social networking events including a reception and a party with live entertainment.
As competition and innovation in the private space race increases, so too will the importance of patent protection. Partner Tom Cowan gave an informative presentation that examines basic patent issues that stakeholders should be aware of, including ownership of space-related inventions, whether you can patent those inventions, how to mitigate the risk of infringing others’ space patents, and how the U.S. patent law operates in space.
Patent Law Review - IP Year in Review CLE v2Bryan Beel
This document provides a summary of a presentation on recent developments in patent law given to the Oregon State Bar Intellectual Property Section. It discusses several topics, including proposed patent legislation, practice before the International Trade Commission and Patent and Trademark Office, as well as recent decisions from the Federal Circuit and Supreme Court that have impacted patent law. The presentation was delivered by Bryan Beel of Perkins Coie LLP on February 14, 2014.
This presentation discusses the emerging tort of "intrusion upon seclusion" in Canada. It summarizes a key court case, Jones v. Tsige, that recognized this tort for the first time. The tort involves the intentional and unauthorized intrusion upon a person's private affairs or concerns in a manner highly offensive to a reasonable person. The presentation examines the implications of this new tort for corporate data security, computer monitoring, employer surveillance, private investigations, and litigation involving investigations. It advises employers to have clear, well-enforced policies governing access to employee information and electronic devices to reduce risks from this developing area of privacy law.
This document provides an overview of intellectual property topics including patents, trade secrets, and related cases. It discusses what patents are, how they are obtained and enforced, and key requirements like novelty and non-obviousness. Business method patents and landmark cases are addressed. Trade secrets are defined as virtually any valuable business information that owners take reasonable steps to protect. Both patents and trade secrets are important forms of intellectual property protection.
IP & Business Presentation - Daniel Piedra - PublicationDaniel Piedra
The document discusses the Supreme Court case Cuozzo Speed Technologies, LLC v. Lee, which addressed two issues regarding inter partes review (IPR) under the America Invents Act: 1) whether the Patent Trial and Appeal Board's (PTAB) decisions to institute IPR are judicially reviewable, and 2) whether PTAB can use the "broadest reasonable interpretation" standard to construe patent claims in IPR. The Court held that PTAB's institution decisions are generally not reviewable but may be in limited circumstances, and that PTAB can continue using the broadest reasonable interpretation standard in IPR. The decision was seen as preserving the current IPR system but limiting opportunities for patent owners to
Ethical Considerations for Paragraph IV Matters Before the PTO and District C...Rachel Hamilton
The Advanced Forum for Brand Name and Generic Counsel on the Intricacies of Extreme Hatch-Waxman Litigation. *Pre-suit Considerations * Commencement of Suit * Discovery *Motion Practice* Final Adjudication
Experience Mazda Zoom Zoom Lifestyle and Culture by Visiting and joining the Official Mazda Community at http://www.MazdaCommunity.org for additional insight into the Zoom Zoom Lifestyle and special offers for Mazda Community Members. If you live in Arizona, check out CardinaleWay Mazda's eCommerce website at http://www.Cardinale-Way-Mazda.com
I presented comprehensive e-discovery webinar with Eric Mandel, national e-discovery counsel and leader of the information law practice group at Zelle Hofmann Voelbel & Mason LLP.
Here are a selection of the slides that I created for the presentation
A presentation at the University of Bergen, Norway, on the best practices in fair use project at American University's Center for Social Media, and its implications for European creators.
BoyarMiller - You Lost Me At Gigabyte: Working with Computer Forensic ExaminersBoyarMiller
The document provides an overview of drafting and executing electronic forensic protocols for computer forensic examinations. It discusses best practices for completing three main stages: (1) drafting the protocol which defines what data will be examined and how, (2) harvesting data from target devices using appropriate forensic tools, and (3) reviewing the data to identify responsive files and ultimately delete files agreed upon by both parties. The document emphasizes selecting a qualified forensic expert, tailoring the protocol to each case, and maintaining evidentiary integrity throughout the examination process.
The document discusses electronic forensic examinations in trade secret theft cases. It covers the legal basis for forensic examinations under In re Weekley Homes, L.P., selecting a qualified forensic expert, drafting forensic protocols, examining target devices and data, reviewing extracted information, international collection considerations, and DTSA notice requirements for employment agreements.
1) The document discusses conducting internal investigations within companies. It covers topics such as when internal investigations are triggered, how to conduct them, and whether an independent committee is needed to oversee the investigation.
2) Preserving and collecting relevant documents, data, and emails is an important initial step of any internal investigation. Companies must act quickly to preserve electronic and physical records.
3) The scope of the investigation should be clearly defined in writing, but may need to be expanded as more information is uncovered. Keeping the investigation narrowly focused can help ensure it is effective.
A Trial Lawyer's Approach to Ethical Problems in E-DiscoveryBrendan Kenny
The document discusses the ethical challenges of electronic discovery (ediscovery) in litigation. It outlines attorneys' duties related to competence, confidentiality, candor and fairness under the Model Rules of Professional Conduct as they apply to ediscovery. Case law examples show courts sanctioning attorneys for failing to locate relevant electronically stored information, protect privileged communications, make false statements about evidence, and engage in obstructionist discovery tactics. Emerging technologies like social media and cloud computing are also raising new ethical issues regarding client information security and accessibility. Overall, the document emphasizes that attorneys must understand ediscovery to competently represent clients while avoiding ethical violations.
April 2013 Raytheon Settlement SummaryJohn Priecko
The April 30th, 2013, Consent Agreement between the US Department of State (DOS) and Raytheon has some important lessons learned for trade compliance professionals at all levels in an organization. It’s also Raytheon’s third settlement with the DOS in less than 15 years.
This one-page summary captures the important points of their latest settlement. While trade compliance/export control practitioners are encouraged to read all the documents, many C-level executives don’t have the interest or time to digest them including the Proposed Charging Letter, Consent Agreement and Order. These one-page summaries are bite-size tools that have proven education and training benefits. They have also consistently proven useful in beefing-up audit and assessment checklists.
There are some key takeaways buried in the Raytheon settlement documents. If you read carefully you’ll come to the conclusion their compliance program was clearly not up-to-speed (some have said badly broken). Additionally some individuals apparently not fulfill their responsibilities administrating agreements and ensuring previously mandated compliance measures were thoroughly taken care of. They also had serious shortfalls in investigating and correcting violations as well as problems managing voluntary disclosures.
The terse settlement document quotes about the state of their compliance program paint a picture of ineffective, inadequate, insufficient and failed efforts over years that resulted in hundreds of disclosures and violations.
As you read this Settlement Summary and the complete set of documents, ask yourself what your organization is doing in these same areas. If enforcement came knocking at your door what would they find? Do you or your organization have similar issues? If so, what are you doing to close the gaps?
If you want to expand your compliance perspective and better understand the current enforcement environment, review all three of Raytheon’s DOS settlements to gain an appreciation for the evolution of how State handles settlements and particularly so in the area of mandated compliance measures.
Intel announced that its fourth-quarter business will be below previous expectations, with revenue expected to be $9 billion, lower than the $10.1-10.9 billion expectation. Gross margin is also expected to be lower at 55% due to lower revenue and other charges from weaker demand. Spending is projected to be $2.8 billion compared to $2.9 billion expected previously. Risk factors that could further impact results include continued uncertainty in global economic conditions, competition, manufacturing costs and yields, and impairment charges.
This document provides an overview of business conditions and opportunities in Brazil's construction industry for foreign companies and investors. It contains the following key points:
1) Brazil has a large territory and population, with most people living in urban areas along the coast, particularly in the southeast.
2) The economy has grown steadily, though currency devaluations have reduced GDP figures in US dollars. Unemployment also affects per capita income.
3) The construction industry has significant potential for growth, driven by infrastructure needs, the housing deficit, and major events like the World Cup and Olympics. This presents opportunities for foreign investment and joint ventures.
This document provides information on flame weeding as a non-chemical weed control technique for vegetable crops. It discusses using flame weeding pre-emergence through stale seedbed and peak emergence techniques to control the first flush of weeds. It also covers post-emergence flaming methods like cross flaming, parallel flaming, and middle flaming to selectively control weeds in emerged crops. The document outlines benefits farmers have seen from flame weeding like greatly reducing labor costs for hand weeding and achieving nearly weed-free beds.
This document discusses STEM education and innovation. It begins with a brief history of STEM-related events and organizations. It then discusses the importance of STEM jobs and integrating STEM with other fields like the arts. Examples are given of STEM integration initiatives across various industries and locations. The document argues that cultivating innovation requires organizing education beyond traditional academic disciplines and integrating fields like STEM, arts, health and computer technology. It provides examples of how different places are developing as innovation centers through cross-disciplinary work and public-private partnerships in areas like digital media.
Smart Power: the Future of Electric Utilities in the US and China, Peter Fox-...Beijing Energy Network
In the presentation Dr. Fox-Penner will be summarizing the key topics in his book, namely the shifts required in the US power grid to change from a centralized, vertically-integrated energy infrastructure to a more distributed generation infrastructure. He will cover the decarbonization of the US power sector as well as the impact of “smart grid” developments. Finally, he will contrast the US situation with that of China and talk about the impact of large amounts of renewables integration on the grid.
James W. Bilbro is an expert consultant with over 40 years of experience in aerospace systems and technology assessment for NASA, the Department of Energy, and the US Air Force. He specializes in technology readiness levels, risk identification, and developing processes for assessing cost, schedule, and risk of new technologies. Some of his accomplishments include refining the Technology Readiness Level scale and developing automated assessment tools. He currently provides consulting services and lectures on various aspects of technology assessment.
This document provides information about the 16th Annual Southern Building Show & Conference taking place from June 4-6, 2009 at the Cobb Galleria Centre in Atlanta, Georgia. It includes the schedule of events, education sessions, list of exhibitors and floor plan of the venue. The event will feature nearly 40 education sessions, an exhibit hall with hundreds of product showcases, and social networking events including a reception and a party with live entertainment.
This document outlines the development of a planning support system (PSS) to model and compare urban planning processes in France, England, and the Netherlands. The PSS uses three interconnected models: a cellular model to represent spatial structure; a residential model to represent residential choices and dynamics; and a multi-agent model to simulate the behaviors of planning agencies, developers, landowners, and other actors. By comparing how each country approaches planning strategies, tools, and stakeholder relationships, the PSS aims to test how changes in plan generation and development control can impact urban development and planning objectives.
The document assesses the Brazilian Ministry of Defense and outlines its future direction. It describes the Ministry's mission to integrate and modernize Brazil's armed forces. However, it faces issues like cultural barriers from the military's historic autonomy, complacency within the organization, and lack of resources. The future direction calls for fully implementing the Ministry to overcome these challenges, minimize resistance to change, and make the case for more funding and support in order to address modern threats to Brazil's security.
Rebooting The Electronics Industry After The Economic CrisisPaul Brody
The reeling financial markets are challenging global business leaders to aggressively rethink their strategies. Across the electronics industry, effects are likely to be quite different, reflecting the enormous diversity of the industry itself. From consumer electronics to medical devices, industry sub-segments will have to respond – each in its own way – to lower consumer spending and stricter access to capital.
This document provides information about Pace 49, a company that manufactures cleaning and disinfecting products for the food manufacturing, agriculture, and livestock industries. They offer a full range of services including product manufacturing, training, audits, and food safety systems. Their main focus is on developing cleaning and disinfecting solutions using their ACBD (Always Clean Before Disinfecting) system to help customers produce and provide safer products from farm to table. They have manufacturing facilities in Canada and the US and supply high-quality cleaning and water treatment products.
The document discusses Apple's iCloud service. It provides an introduction to iCloud and its history, then discusses its key features like storage, backup and restore, Find My iPhone, Photo Stream, and iCloud's competitors like Google Drive, Dropbox, and Microsoft SkyDrive. The conclusion states that iCloud helps synchronize data across Macs, PCs and iOS devices.
See Thomas Dannenfeldt, Deutsche Telekom's CFO for the presentation of the financial strategy. To download the presentation including the disclaimer in pdf format and to find further material please visit http://www.telekom.com/cmd15
Sweet sorghum is a plant grown for its juice, which is extracted and boiled down into sorghum syrup. Specialized equipment is needed to mill the juice from the stalks and evaporate the water to make syrup. Sorghum syrup is a natural sweetener made from certain varieties of sorghum that are taller than grain sorghums and reach over 12 feet. The document provides information on growing, processing, and marketing sorghum syrup as a small farm enterprise and natural sweetener.
The document provides information about an event being held by MSC Cruises to celebrate the arrival of one of their cruise ships to the United States. It includes an invitation for travel agents to attend an evening of cocktails, dinner, dancing and a show onboard the ship in Fort Lauderdale on January 9, 2009, along with an overnight stay. Details are provided about the event schedule and activities, and photos show examples of stateroom categories that will be available for viewing.
Zaffar Abbasi has extensive experience in strategic security management and analysis. He has affiliations with numerous international security organizations and has conducted research and analysis exchanged with universities worldwide on topics related to international security, military strategy, and conflict resolution. He has strategic corporate security management experience including threat analysis, disaster management, and security system integration.
The Litigation Hold – Systems, Processes and Challenges | Daniel S. DayRob Robinson
Taken from the Second Annual Intermountain Discovery Conference on 9.24.10, this presentation shares an overview of Litigation Hold in light of Systems, Processes, and Challenges.
Speaker Expert: Daniel S. Day is a Senior Attorney with SUPERVALU, Inc. where he focuses on commercial litigation management, supervision of outside counsel, and dispute resolution in the areas of real estate, construction, business torts, contracts, intellectual property, bankruptcy, and antitrust for a leading national food and drug retail and supply distibution chain.
A member of the Board of Directors of the Association of Corporate Counsel, Mountain West Chapter, Mr. Day previously served as an attorney with Berman, Gaufin, Tomsic, and Savage of Salt Lake City. In his role with Berman, Gaufin, Tomsic, and Savage, Mr. Day was responsible for large complex business litigation to include business torts, securities fraud, contracts, constitutional law, antitrust, banking and utility regulation, bankruptcy, and employment law. Additionally, Mr. Day handled firm administrative responsibilities such as recruiting, insurance, employee benefits, including retirement plans, and other management assignments.
Source: Orange Legal Technologies (OrangeLT.com)
Over retention of records: why keeping records for too long can increase your costs. Gain some ideas to create a document and records management plan.
MCS Management Services is a leading provider of on-site business support services, including mail center operations, shipping and receiving, records management, document and print center management, in-house litigation support, managed print services and related professional services.
Records & Information Management and the Law Firm - MCS Management ServicesMCS Management Services
Over retention of records: why keeping records for too long can increase your costs. Gain some ideas to create a document and records management plan.
MCS Management Services is a leading provider of on-site business support services, including mail center operations, shipping and receiving, records management, document and print center management, in-house litigation support, managed print services and related professional services.
Attorneys need to be aware of increasing amounts of electronic data and rising spoliation sanctions. They should implement document retention and legal hold policies to preserve relevant information for litigation. These policies should cover social media, emails, texts and other electronically stored information. They also need processes to identify trigger events requiring preservation, implement litigation holds, and collect electronic data while meeting discovery obligations. Failure to properly preserve electronic evidence can result in spoliation findings and sanctions against the responsible party.
Ethical Issues in Electronic Discovery: Lessons from QualcommKirby Drake
The presentation provides the background of the several stages of the Qualcomm v. Broadcom case – what happened prior to trial, what happened during trial and what has happened or is happening post-trial. Then the lessons that can be learned from the Qualcomm v. Broadcom case. These lessons range from the broad lessons that are applicable to everyone that may be involved in litigation matters to lessons that are particularly apropos for outside counsel and those for clients. Finally, lessons for the courts and perhaps for the State Bar to take away from Qualcomm v. Broadcom.
Potential liability issues can arise for lawyers who perform or handle patent and trademark searches. Searches involve complex legal and technical analysis that requires careful documentation and client communication. An inadequate or negligent search could result in a malpractice claim if a pertinent patent is missed, leading to infringement claims or wasted R&D costs. While legal authorities provide little direct guidance, lawyers have duties of competence, diligence, and candor that require properly advising clients about search methodologies, limitations, and disclaimers in writing. Failure to conduct a reasonable search or keep clients informed may form the basis for a legal malpractice lawsuit.
The presentation seeks to educate trial lawyers on issues that arise following a jury verdict, including: formulating or opposing a final judgment from the verdict (including interest and other elements); calculating post-verdict deadlines; when the judgment is "final" for purposes of appeal vs. execution; superseding the judgment (what and for how long; options); preservation of error; perfecting appeal and getting the record; advising the client on realistic appellate expectations (timing, cost, and outcomes)—including what to prove up regarding appellate attorney's fees.
This document discusses topics to cover in a pre-discovery conference, including the scope of discovery, search strategies, preservation of electronic documents, privilege issues, and cooperation between parties. An effective pre-discovery conference requires understanding the issues in the case, how clients store documents, and where relevant information can be found. It aims to narrow the scope of discovery and develop strategies for identifying, collecting, and reviewing electronic documents in a reasonable manner. Areas of disagreement should also be addressed.
Legal Hold Workshop - ARMA International - Las Vegas - Oct 23, 2008John Jablonski
3 hour workshop on Legal Holds, presented at ARMA International\'s annual conference in Las Vegas on October 23, 2008. The program was highly rated by attendees, rated as 3rd out of 85 educational sessions.
The document provides guidelines for efficient partnerships between inside and outside counsel. It introduces the Plan-Implement-Measure-Adjust (PIMA) framework for managing litigation. PIMA involves planning before and after a complaint is filed, implementing workflows and processes, measuring expectations and results, and making adjustments throughout the case as needed. The framework aims to integrate counsel, reduce costs, streamline processes, and support winning the case.
Implications of 2015 Amendments to the Federal Rules of Civil ProcedureWinston & Strawn LLP
During this eLunch, we reviewed the practical implications of the upcoming changes to Rule 26(b) regarding the scope of relevance and proportionality and also focused on the new national uniform standard under Rule 37(e) for the implementation of curative measures and/or sanctions for the failure to preserve relevant electronically stored information.
This interactive webinar was presented by Winston & Strawn eDiscovery & information governance practice chair John Rosenthal and senior eDiscovery attorney Christopher Costello. Mr. Rosenthal was intimately involved in the rules amendment process and testified before the Advisory Committee on several occasions.
Stays of Litigation Pending Post-AIA Patent ReviewKlemchuk LLP
Brief overview of post-AIA patent review procedures, overview of post-AIA stays of litigation pending patent review, and the analysis of district court orders on motions to stay pending patent review
Document Retention And Destruction Power Pointlnarvid
This document discusses the importance of implementing a thorough electronic records retention policy for companies. It outlines 7 key steps to ensure compliance with e-discovery rules and avoid sanctions, including: 1) understanding IT systems, 2) creating a detailed retention schedule and procedures, 3) instituting a litigation hold process, 4) training employees, 5) designating a records manager, 6) forming a retention committee, and 7) preserving former employees' hard drives. Failure to follow these steps could result in massive monetary penalties or adverse inferences, as shown in several court cases discussed in the document.
The document summarizes various intellectual property news items, including a report finding waste and mismanagement at the Patent Trial and Appeal Board due to unused paralegals, a potential $6 million malpractice suit over an incorrectly claimed bra insert patent, the upcoming vote on Scottish independence and its potential intellectual property implications, the USPTO pulling patent allowances in view of the Alice decision, and upcoming intellectual property events.
E Discovery General E Discovery Presentationjvanacour
This document provides an overview of key concepts and best practices regarding electronic discovery (e-discovery). It discusses the duty to preserve relevant evidence once litigation is reasonably anticipated. It also outlines the stages of managing e-discovery, including having a reasonable document retention policy prior to notice, issuing a litigation hold once notice is received, and complying with discovery requests once litigation begins. The document emphasizes communicating preservation obligations, overseeing preservation efforts, and producing electronic documents and metadata in a usable format.
This document discusses various intellectual property topics including patents, patent maintenance fees, provisional patents, patent re-examinations, international patents, copyrights, service marks, and licensing. It notes that provisional patents last one year and must be formalized within that time or they expire. It also emphasizes the importance of paying patent maintenance fees and not relying on lawyers to handle that task. Finally, it briefly mentions current lawsuits involving intellectual property and the use of non-disclosure agreements to protect ideas.
This document discusses best practices for collecting, preserving, and analyzing digital evidence. It covers topics such as data recovery, backup solutions, hidden data recovery techniques, evidence collection methods, and standards for ensuring digital evidence is authenticated and verified. The goal is to extract useful information from seized devices and recovered data in a way that can be used in a court of law to identify attackers and reconstruct security incidents.
Klemchuk LLP sponsors its 14th Annual Ethics CLE featuring Charles M. Hosch, Parter at Strasburger & Price, and Shawn E. Tuma of Scheef & Stone as speakers.
SCHB Presentation by Kirby Drake - March 2018Klemchuk LLP
Kirby Drake of Klemchuk LLP discusses key issues regarding trademarks for chemical businesses operating in the food, energy, and water sectors. The document provides an overview of trademark registration, including why to register a trademark, the registration process, and maintaining a trademark over time. It also cautions about potential pitfalls like failing to adequately select an enforceable trademark or meet USPTO requirements. The document concludes with examples of past trademark and false advertising lawsuits between competitors in the food and beverage industries.
Ethics CLE Presentation by Charles M. HoschKlemchuk LLP
A Texas lawyer asked if an anonymous lawyer can contact an anonymous online defamer to establish jurisdiction for a potential lawsuit. The document discusses a Texas court ruling that personal jurisdiction over an anonymous online defamer must be established before ordering a pre-suit deposition to identify them. It concludes that Texas disciplinary rules prohibit lawyers and their agents from anonymously contacting an anonymous online individual to obtain information for a potential Rule 202 deposition to identify them for a lawsuit.
Cybersecurity Fundamentals by Shaw E. TumaKlemchuk LLP
The document discusses cybersecurity issues for law firms and businesses. It notes that while cyber attacks may seem sophisticated, most incidents are actually due to simple issues like weak passwords or phishing. The document then lists 15 common cybersecurity best practices for firms to implement, such as conducting risk assessments, training employees, implementing strong access controls and passwords, regularly backing up data, and planning incident responses. Implementing these types of basic practices can help firms better protect their and their clients' sensitive data from security threats.
Managing Principal Kirby Drake and Associate Tiffany Johnson delivered the fashion law presentation “Fashionably Legal” at a Women and the Law Section event of the State Bar of Texas on August 17, 2017. Read more at bit.ly/2wv0gj1
Klemchuk LLP is an Intellectual Property (IP), Technology, Internet, and Business law firm located in Dallas, TX. The firm offers comprehensive legal services including litigation and enforcement of all forms of IP as well as registration and licensing of patents, trademarks, trade dress, and copyrights. The firm also provides a wide range of technology, Internet, e-commerce, and business services including business planning, formation, and financing, mergers and acquisitions, business litigation, data privacy, and domain name dispute resolution. Additional information about the intellectual property law firm and its intellectual property attorneys may be found at www.klemchuk.com.
Managing Principal Kirby Drake's presentation for the 13th Annual Advanced Patent Litigation course of the Texas Bar CLE. Read more at bit.ly/2vQtju2
Klemchuk LLP is an Intellectual Property (IP), Technology, Internet, and Business law firm located in Dallas, TX. The firm offers comprehensive legal services including litigation and enforcement of all forms of IP as well as registration and licensing of patents, trademarks, trade dress, and copyrights. The firm also provides a wide range of technology, Internet, e-commerce, and business services including business planning, formation, and financing, mergers and acquisitions, business litigation, data privacy, and domain name dispute resolution. Additional information about the intellectual property law firm and its intellectual property attorneys may be found at www.klemchuk.com.
Klemchuk LLP is an Intellectual Property (IP), Technology, Internet, and Business law firm located in Dallas, TX. The firm offers comprehensive legal services including litigation and enforcement of all forms of IP as well as registration and licensing of patents, trademarks, trade dress, and copyrights. The firm also provides a wide range of technology, Internet, e-commerce, and business services including business planning, formation, and financing, mergers and acquisitions, business litigation, data privacy, and domain name dispute resolution. Additional information about the intellectual property law firm and its intellectual property attorneys may be found at www.klemchuk.com.
Recent Ethics and Professional Responsibility Cases (David Coale): Discussion of recent ethics and professional responsibility cases from the U.S. Court of Appeals for the Fifth Circuit, including the scope of the “attorney immunity” doctrine, when sanctions can be imposed for improper pleadings and litigation conduct, when a court’s contempt power is properly applied to the alleged violation of an injunction, and the contours of attorney-client privilege for in-house counsel.
Conflicts of Interest in Pricing (Kirk Bowman): Pricing is not always as black and white as we might think. As with the law, there are shades of gray. In this session, Kirk Bowman will explore conflicts of interest in pricing, especially as it relates to attorneys. Learn how to price your engagements based on the value you create, rather than the traditional method of hourly rates. Kirk will also discuss the ethic guidelines attorney’s face in pricing their services. This single innovation can enhance your relationship with your clients and help you avoid the ethical dilemma of thinking of your client as a number of hours per month rather than a person and business you have the privilege to serve.
Klemchuk LLP is an Intellectual Property (IP), Technology, Internet, and Business law firm located in Dallas, TX. The firm offers comprehensive legal services including litigation and enforcement of all forms of IP as well as registration and licensing of patents, trademarks, trade dress, and copyrights. The firm also provides a wide range of technology, internet, e-commerce, and business services including business planning, formation, and financing, mergers and acquisitions, business litigation, data privacy, and domain name dispute resolution. Additional information about the intellectual property law firm and its intellectual property attorneys may be found at www.klemchuk.com.
Best practices to avoid plagiarism and copyright infringement.
About Klemchuk:
Klemchuk LLP is an Intellectual Property (IP), Technology, Internet, and Business law firm located in Dallas, TX. The firm offers comprehensive legal services including litigation and enforcement of all forms of IP as well as registration and licensing of patents, trademarks, trade dress, and copyrights. The firm also provides a wide range of technology, internet, e-commerce, and business services including business planning, formation, and financing, mergers and acquisitions, business litigation, data privacy, and domain name dispute resolution. Additional information about the copyright firm and its copyright attorneys may be found at www.klemchuk.com.
This presentation details a life-altering event that lead to a productivity breakthrough that promises to increase an attorney’s productivity by at least 20% in just 15 minutes a day. The presentation will touch on the importance of setting quarterly goals, making a weekly plan, time blocking and project management. The presentation also discusses an attorney’s ethical obligations to handle client matters properly, including ABA Rules 1.1., 1.3, 1.4, as well as a discussion of cases where disciplinary action issues arose regarding attorneys mishandling of matters. The presentation will provide a system to reduce the risk that a matter is neglected and provides guidance on how to avoid such ethical issues.
Secondary Liability For Trademark Infringement and the InternetKlemchuk LLP
Secondary liability for trademark infringement can arise in several contexts involving the internet. It includes vicarious liability for companies that have a principal/agent or partnership relationship with direct infringers. Contributory liability under a two-part test applies to companies that induce or supply services to those they know or should know are direct infringers. Specific instances where secondary liability may arise involve domain name registrars, websites, internet service providers, online marketplaces, affiliate marketing, and search engine companies depending on their knowledge and control over direct infringers. Available remedies for secondary liability include damages, profits, and injunctive relief under trademark law.
This document summarizes recent developments in patent litigation regarding reasonable royalty damages calculations. It notes increased scrutiny around precisely quantifying royalty bases and rates to properly apportion damages to the infringed technology. Settlement licenses and expert testimony must accurately reflect the hypothetical negotiation between parties. Discovery of license negotiations may be allowed when reliability is questioned. The Federal Circuit has also ruled that settlement negotiations related to damages are not protected. Additionally, the document discusses the standards for finding willful infringement and enhancing damages.
The document provides an overview of different types of intellectual property (IP), including patents, trademarks, copyrights, and trade secrets. It defines each type of IP, outlines what they protect, and provides quick tips and facts about acquiring and maintaining protection. The document concludes by introducing an IP law firm that can assist with acquiring, protecting, and leveraging various IP rights.
First Sale Doctrine - Gray Market GoodsKlemchuk LLP
This presentation references the Costco Wholesale Corp. v. Omega S.A. lawsuit and discusses the first sale doctrine, based on where goods are made and sold.
Brand Enforcement on Social Networking SitesKlemchuk LLP
This document discusses brand enforcement on social networking sites. It provides an overview of popular social media platforms like Facebook, Twitter, and MySpace and how they can be used for viral advertising through pages and profiles. However, it notes that businesses need to monitor for unauthorized use of their trademarks. The document recommends registering brand names, monitoring sites for issues, taking an active role in social media, considering response strategies, and creating employee social media policies.
This document discusses the differences between trade secret protection and patent protection for intellectual property. Trade secrets do not require formal registration and protect confidential information, but lose protection if disclosed. Patents require public disclosure of secrets in exchange for a legal monopoly but last 20 years. The document outlines key considerations for determining whether trade secret or patent protection is best and consequences of disclosure, including potential claims and effects on protection. It also discusses compatibility of the two forms of protection and provides examples.
Indonesian Manpower Regulation on Severance Pay for Retiring Private Sector E...AHRP Law Firm
Law Number 13 of 2003 on Manpower has been partially revoked and amended several times, with the latest amendment made through Law Number 6 of 2023. Attention is drawn to a specific part of the Manpower Law concerning severance pay. This aspect is undoubtedly one of the most crucial parts regulated by the Manpower Law. It is essential for both employers and employees to abide by the law, fulfill their obligations, and retain their rights regarding this matter.
Capital Punishment by Saif Javed (LLM)ppt.pptxOmGod1
This PowerPoint presentation, titled "Capital Punishment in India: Constitutionality and Rarest of Rare Principle," is a comprehensive exploration of the death penalty within the Indian criminal justice system. Authored by Saif Javed, an LL.M student specializing in Criminal Law and Criminology at Kazi Nazrul University, the presentation delves into the constitutional aspects and ethical debates surrounding capital punishment. It examines key legal provisions, significant case laws, and the specific categories of offenders excluded from the death penalty. The presentation also discusses recent recommendations by the Law Commission of India regarding the gradual abolishment of capital punishment, except for terrorism-related offenses. This detailed analysis aims to foster informed discussions on the future of the death penalty in India.
The presentation deals with the concept of Right to Default Bail laid down under Section 167 of the Code of Criminal Procedure 1973 and Section 187 of Bharatiya Nagarik Suraksha Sanhita 2023.
A Critical Study of ICC Prosecutor's Move on GAZA WarNilendra Kumar
ICC Prosecutor Karim Khan's proposal to its judges seeking permission to prosecute Israeli leaders and Hamas commanders for crimes against the law of war has serious ramifications and calls deep scrutiny.
4. Rambus Cases (Fed. Cir. May 2011)
• Patent litigation against Micron and Hynix
related to aspects of dynamic random access
memory (DRAM)
• Questions:
– Was there spoliation related to DRAM patents?
– Was litigation reasonably foreseeable before second
“Shred Day” in August 1999?
5. Rambus Cases (Fed. Cir. May 2011)
• Early 1990s – Rambus files patent application;
JEDEC adopts first SDRAM standard; Rambus
determines patent application encompassed
SDRAM
• January 1998 – Rambus Rambus begins
developing patent licensing and litigation
strategy
• March 1998 – Rambus VP presents litigation
strategy to Board
• July 1998 – Rambus magnetically erases all but
1 of 1,269 tapes storing email backups for
6. Rambus Cases (Fed. Cir. May 2011)
• August/September 1998 – Rambus hires outside counsel
to help with licensing and prepare for litigation
• September 3-4, 1998 – First “Shred Day” to implement
document destruction policy
• December 1998 – Infringement claim charts prepared
• April 1999 – Rambus extends document destruction
policy to outside patent prosecution counsel
• June 1999 – First patent-in-suit issued
• August 26, 1999 – Second “Shredding Party”
7. Rambus Cases (Fed. Cir. May 2011)
• October 1, 1999 – Rambus’ target date to commence
litigation
• December 1999 – Rambus institutes litigation hold
• January 18, 2000 – Rambus sues Hitachi
• July 17, 2000 – Rambus in-house counsel reminds
executives to continue destroying drafts and other materials
related to license negotiations
• August 8, 2000 – Rambus sues Infineon
• August 28-29, 2000 – Micron and Hynix file DJs against
Rambus
8. Rambus Cases (Fed. Cir. May 2011)
• Factors in Favor of Spoliation
– Document destruction as part of litigation strategy
– Rambus aware of infringing activities
– Steps taken toward litigation
– Rambus controlled litigation decision
– No long-standing relationship between Rambus and
DRAM manufacturers
9. Rambus Cases (Fed. Cir. May 2011)
• Sanction Analysis
– Dismissal sanction – need clear and convincing
evidence of bad faith spoliation and prejudice
• Not addressed by district court – remanded for analysis
– Select least onerous sanction correlated to willfulness
of destructive act and prejudice suffered by victim
10. Qualcomm v. Broadcom - Timeline
• Qualcomm sues Broadcom for patent infringement
• Broadcom defense – waiver by participation in JVT
• Broadcom requests discovery on Qualcomm JVT
participation
• Qualcomm repeatedly denies JVT involvement during
relevant time frame
• Qualcomm files motion for summary judgment on waiver
defense
• Trial begins
11. Qualcomm v. Broadcom - Timeline
• Qualcomm attorney discovers emails showing trial
witness communicated with JVT
– Trial witness admits existence of emails on cross-exam
• Qualcomm ordered to produce documents and jury
finds in favor of Broadcom on waiver
• Broadcom granted discovery on scope of discovery
abuses
• Qualcomm and 6 outside counsel initially
sanctioned for discovery abuses
12. Qualcomm v. Broadcom - Sanctions
• Qualcomm ordered to pay over $8.5 million
• Six outside counsel initially referred to State Bar of
California for investigation of possible ethical
violations
• Qualcomm and outside counsel ordered to
participate in Case Review and Enforcement of
Discovery Obligations (“CREDO”) program
13. Qualcomm v. Broadcom - Sanctions
• Several outside counsel never sanctioned because
of steps taken to confirm accuracy of facts
– Reviewed deposition transcripts and discovery responses
– Circulated drafts of pleadings to more senior in-house and
outside counsel
– Investigated facts surrounding Qualcomm and JVT
14. Rimkus Consulting v. Cammarata (S.D. Tex. Feb.
19, 2010)
• Competing Lawsuits
– Cancel/enforce non-compete and non-solicitation
covenants in ex-employees’ employment agreements
– Trade secret misappropriation in setting up new business
• Allegations of “wholesale discovery abuse” –
intentional destruction of electronically stored
evidence
• Defendants claimed no prejudice in failure to
produce – cumulative nature of evidence
15. Rimkus Consulting - Facts
• Request for documents related to creation and inception
of new company (U.S. Forensic) and contracts with
Rimkus clients
– Response – two emails related to U.S. Forensic formation
• Renewed request for all documents sent among those
setting up or working for U.S. Forensic before January 1,
2007
– Response – request overly broad; conducted search and
turned over any responsive emails
• No emails produced from November 2007 to June 2009
(60 emails produced)
16. Rimkus Consulting - Facts
• U.S. Forensic founders (Bell, Janowsky, DeHarde)
deposed
– Janowsky admitted he deleted emails but did not recall
being instructed to preserve records related to U.S.
Forensic formation
– DeHarde testified he deleted emails because of concern
about storage capacity of his email account
• Court ordered production of documents and second
deposition – efforts to locate and retrieve
electronically stored information were superficial
17. Rimkus Consulting - Facts
• Response to Court Order
– DeHarde admitted “We had a policy that we would
delete e-mails during the start-up after two weeks.”
– Cammarata produced 15 disks of electronic info
(Rimkus correspondence, powerpoints and client
contact information) showing client contact on behalf
of U.S. Forensic while working at Rimkus and use
of personal email to send Rimkus engineering data to
his U.S. Forensic email address
– Analysis of Bell laptop showed Rimkus financial
information downloaded on day of resignation
18. Rimkus Consulting - Conclusions
• Affirmative steps taken to delete potentially relevant
documents – intentional and bad faith destruction of
evidence
• Selective implementation of document destruction
policy at best
• Defendants’ reasons and explanations for deleting
or destroying emails inconsistent and lacked
support
• Judge ordered adverse inference instruction related
to email deletion but did not strike pleadings
19. Rimkus Consulting - Conclusions
• Jury can hear about email deletion and
concealment/delay that occurred in discovery,
consider Defendants’ conduct in deleting emails,
and infer that content of deleted emails would be
unfavorable to Defendants
• Jury instruction to be issued on duty to preserve
information
• Defendants to pay reasonable costs and attorneys’
fees required to identify and respond to the
spoliation issues
• Permanent injunction issued based on settlement in
20. Personal Audio v. Apple (EDTX 2011)
• Over 6,000 pages produced three weeks before
second trial setting
– Documents originated with trial witnesses
– Documents relevant to infringement case, rebuttal of
invalidity defense and damages
• Late production not substantially justified or
harmless
• Producing party cannot use untimely produced
documents at trial
• Monetary sanction ($10,000) imposed
21. Lessons to be Learned from Recent Discovery-
Related Decisions
“He who must search a haystack for a needle is
likely to end up with the attitude that the needle is
not worth the search.”
Brown v. Allen, 344 U.S. 443, 537 (1953)
22. Lessons for All:
1. The Truth Matters
• Know whole truth and
make accurate
representations to other
side, judge and jury
• Find responsive
information and produce it
• Counsel as well as
witnesses need to be
prepared to face the truth
23. Lessons for All:
2. Err in Favor of Production
• If you have to consider whether to produce,
probably should go ahead and produce it
• Often less harmful to produce
• Information may be responsive and discoverable
but not necessarily admissible
• Courts tending toward requiring production if
responsive to a party’s claims or defenses
24. Inside and Outside Counsel Responsible
• Swofford v. Eslinger, No. 6:08-cv-00066 (M.D. Fla.
Sept. 28, 2009)
– Inside counsel failed to issue litigation hold notice
and failed to undertake meaningful actions to
preserve relevant information
• Awarded adverse inference sanctions and ordered
defendants and inside counsel to pay fees and costs
(inside counsel was not attorney of record)
25. Lessons for All:
3. Responsibility for Ensuring Client Compliance with
Discovery
• CANNOT blindly rely on client’s collection and
production
• CANNOT blindly trust what client describes as
“standard” procedures for approaching discovery
issues
• CANNOT shield eyes from seeing certain
documents – must challenge clients regarding
search and collection strategies
26. Lessons for All:
3. Responsibility for Ensuring Client Compliance with
Discovery
• MUST reach agreement as to how to engage in
discovery process
• MUST have sufficient control over discovery
process
• MUST gain access to locations where responsive
data may be maintained
• MUST take steps to confirm compliance by key
custodians (i.e., interviews, written questionnaires)
27. Lessons for Outside Counsel:
4. Document Your Discovery Efforts
• Keep a record of efforts with regard to document
search and collection
• May need to seek agreement from client that
documentation of actions taken may be disclosed
if issues arise as to sufficiency of discovery efforts
28. Lessons for Clients:
5. If You Don’t Have a Plan, Make One
• MUST define who is responsible for ensuring discovery
duties are carried out
• MUST get IT personnel involved
• MUST issue document hold notice at outset of litigation
• MUST inform employees that they have a duty to
manage information in accordance with written policies
– litigation or not
• MUST consider investing in management
technology/search tools
29. Lessons for Clients:
6. If You Have a Plan, Adhere to It
• Qualcomm allegedly had a plan in place for
collecting documents in response to discovery
requests
• Qualcomm apparently did not fully follow plan
• MUST follow your plan – plan is only as effective
as care given in executing plan