Electronic Discovery Creates Havoc Even for Seemingly Careful Counsel

If you have any doubt about the impact and pitfalls of electronic discovery, read about the Qualcomm litigation.  Evidently, 21 emails were recently found that undercut Qualcomm's lawyers' arguments.  The emails may be part of 300,000 pages of other documents that had not been produced.  The sad tale is presented in this morning's Wall Street Journal, Recovered Emails Bedevil Qualcomm in Court, Don Clark, 10/9/07, at B1.  Insurers facing litigation cannot over-emphasize the importance of managing electronic discovery.  And insurers with ADR clauses have another reason to celebrate.