Qualcomm's Outside Counsel Allowed to Raise "Self-Defense" Exception to Attorney-Client Privilege
Judge Rudi M. Brewster (Calif. Southern District Court) has remanded part of the sanctions order against Qualcomm's outside counsel in a remand order issued March 5, 2008.
Judge Brewster allowed six of Qualcomm's outside attorneys to raise the federal common law "self-defense" exception to the attorney client privilege. At the earlier hearing on sanctions, the magistrate judge had disallowed the exception, not permitting the outside attorneys to introduce evidence against their client Qualcomm.
Judge Brewster reversed and remanded as to the six attorneys (five from Day Casebeer; one from Heller Ehrman), explaining:
Before the first oral hearing on the motion for sanctions, Qualcomm asserted the attorney-client privilege...A careful reading of the Qualcomm brief reveals two salient points: (1) Qualcomm filed no declarations in its defense; and (2) nothing in the Qualcomm brief criticized its counsel, other than two passing unsworn comments...
At the hearing on sanctions before Magistrate Judge Barbara L. Major, Qualcomm introduced, for the first time, accusations against outside counsel assessing responsibility for the failure of discovery that had occurred.
Judge Brewster found that after Qualcomm introduced accusatory evidence against its outside attorneys, the door was opened for counsel to defend themselves.
Opinion Highlights:
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