Ethics Drama of 2007: Qualcomm, Congress and the Pressure to Waive Attorney Client Privilege

The patent infringement lawsuit of Qualcomm v. Broadcom began innocuously and ended with a court order finding the plaintiff and its counsel knowingly violated a duty to disclosure, honesty, and good faith. The court found that conduct constituting discovery abuse exposed counsel to career imperiling orders, and the company to millions of dollars in sanctions. The company and its outside counsel each hired separate counsel, and in the resulting sanctions hearing attorney client privilege was threatened. Key leaders for Qualcomm including their General Counsel resigned. This session, presented by Kenneth S. Klein, Foley & Lardner LLP, explored how events came to this juncture, and what lessons can be learned to avoid it happening again.