Has The Reasonable Inquiry Standard Under Fed. R. Civ. P. 26 Changed After Qualcomm?

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“Has my client provided me all of the responsive documents to the opponent’s document requests?” This is a question that every litigator must ask, whether representing individuals or corporations of any size. How we satisfy ourselves that the answer to that question is yes can and does vary. However, since the decision in Qualcomm, Inc. v. Broadcom Co., 2008 U.S. Dist. LEXIS 911 (S.D. Cal. Jan. 7, 2008) both lead and local counsel may need to rethink how they go about answering that question. Otherwise, it could cost you money, your reputation, and possibly your career.

This article was originally published in ALM's Litigation Weekly, a supplement of The Legal Intelligencer publication.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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