Developing an E-Discovery Policy to Comply With E-Discovery Obligations

A federal judge recently ordered Qualcomm, Inc. to pay in excess of $8.5 million to Broadcom Corp. due to Qualcomm’s failure to comply with its e-discovery obligations arising out of emails and other electronic documents that were not produced to Broadcom. Qualcomm Inc. v. Broadcom Corp., (S.D. Cal.; 05cv1958-B (BLM); Jan. 7, 2008). In addition to the monetary sanction, the court required Qualcomm and its counsel to participate in a Case Review and Enforcement of Discovery Obligations (“CREDO”) program. In so doing, the court provided helpful insight into steps companies should take now to minimize the risk of non-compliance with e-discovery obligations, and to develop legally effective and compliant e-discovery policies.