From Ralph Losey’s e-Discovery Team:

The long-awaited lawyer sanctions order was just entered in the Qualcomm case by U.S. Magistrate Judge Barbara L. Major, copy attached. Thanks to a good friend behind the scenes for getting this to me so quickly. Those hoping for a strong sanctions order against the attorneys caught hiding the ball will be disappointed by this decision. The title of the order says it all: ORDER DECLINING TO IMPOSE SANCTIONS AGAINST THE RESPONDING ATTORNEYS AND DISSOLVING THE ORDER TO SHOW CAUSE.

Here is Judge Major’s concluding paragraph:

“It is undisputed that Qualcomm improperly withheld from Broadcom tens of thousands of documents that contradicted one of its key legal arguments. However, the evidence presented during these remand proceedings has established that while significant errors were made by some of the Responding Attorneys, there is insufficient evidence to prove that any of the Responding Attorneys engaged in the requisite “bad faith” or that Leung failed to make a reasonable inquiry before certifying Qualcomm’s discovery responses. Accordingly, the Court declines to impose sanctions on the Responding Attorneys and hereby dissolves the order to show cause that initiated these proceedings.”

e-Discovery Team – Breaking News: Qualcomm “No Sanctions” Order Issued

I am going to start designating every Monday on this blog as “Losey Mondays.”  Ralph Losey puts together such great content over the weekends on his blog e-discovery team, that Monday seems to be a great day to link to it.

Here is Ralph explaining the EDRM model.

Read more here.

From The Posse List:

In what portended to be a great day-long seminar on ediscovery search, the opening multimedia presentation by Ralph Losey and Jason Baron set the bar high.   This was the “beta version” of a presentation that Losey and Baron will give at LegalTech in New York City this coming February.   It was worth the trip to Tyson’s Corner.

To get a feel for the futuristic presentation Losey choose Darude’s Sandstorm to get his presentation “moving” and used Da Vinci as an inspiration for his template.

In a nutshell, ediscovery is expanding exponentially.  Losey envisions a future with AI “agents” that can search in real time on the galactic wide web with 98% accuracy, leaving the lawyers to deal with the law.  He also envisions computers that become so smart they create computers that we can’t understand.  Cyberdyne systems anyone?…

Must read post from the infamous “Real Litigator near you, Bill E. Boie” on Ralph Losey’s Blog:

I want to thank Ralph Losey for the opportunity to respond to the tidal wave of good-intentioned drivel that appears week after week on this blog. Its been going on for two years now. I just can’t take it anymore. All this stuff keeps coming about technology, more technology, sanctions and ethical duties. It gives me the creeps. I hate someone pretending they know stuff I don’t. And the worst nonsense is the so-called Sedona Cooperation Proclamation. I’m a lawyer, and I have been litigating and fighting my way around the courthouse for more years than I’d like to remember. I know one thing for sure: conflict is what counts. Real litigators get want they want. Phooey on cooperation!

From Capital One:

We invite you to our First Annual Seminar on E-Discovery: The Future of Search on November 10, 2009 at Capital One’s corporate headquarters in McLean, VA. This is a free seminar that provides CLE credits.

Who Should Attend?
Litigation Attorneys
Litigation Support Professionals
E-Discovery Consultants
IT Professionals
Law Students
Legal Educators

At This Seminar, You Will:
Learn more about what influential judges and key regulators expect when searching electronically stored information (”ESI”)
Learn more about the limitations of searching ESI, with a particular focus on the economics and ethics of searching ESI
Watch a federal judge preside over a mock argument regarding search issues

Presenters include the seminar’s co-chairs, Jason Baron and Ralph Losey, Craig Ball, as well as a keynote address from Judge Grimm.