With the threat of formal sanctions bearing down on them, lawyers at Heller Ehrman and Day Casebeer Madrid & Batchelder — Qualcomm’s former litigation counsel — are asking for a rare exception to privilege so they can explain to a judge how their side failed to produce thousands of relevant documents during discovery in an ill-fated patent case against Broadcom. In advance of an October hearing to show cause why they should not be sanctioned, many of the outside counsel have hired their own lawyers.
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