one thing that seems odd about this report is that in comparable IP Litigation and discovery the lawyers of the party supplying documents ALWAYS review these carefully and mark up the documents very carefully where claims of privileged information or highly confidential or personal information is involved.
Having been involved personally in this review process in the company I work for I know that the internal release and review process is a matter of considerable importance and we have very strict procedures, so it would seem to me that the Apple attorneys screwed up badly.
You didn't read the article.
The documents WERE marked "Confidential - lawyer's eyes only" when Apple submitted them. They could not delete relevant information because the judge told them to include the information - assuming that the attorneys would follow the law.
What apparently happened is that Samsung's lawyers then gave them to a consultant who created a document without the warning. Samsung needs to be SERIOUSLY penalized and the attorneys should be disbarred.
I have looking for the tsunami of negative press from Wall Street about these latest allegations against Samsung, but I primarily found promotions about Samsung's upcoming record profits.
If this were Apple, IMHO there would a hailstorm of articles deploring Apple's actions AND Apple's stock would have been hammered. Still, considering the crookedness that is Wall Street, being quiet about its poster corporation is to be expected.
Something else, I am thinking the Samsung investment in Sharp was due to the information illegally discovered in the documents.
Sounds like Samsung will hide behind the tactic it wasn't willful. Regardless of what Samsung claims it was (and thumbs their nose at the law at the same time), we shouldn't kid ourselves that they are an upstanding and honest company. "...Samsung%u2019s counsel repeatedly denied even one violation of the protective order, asserting that such a violation can only occur willfully."
that's right, because, you know, they're a korean company. and koreans, like the japanese, chinese, russians, indians etc. are genetically predisposed to being dishonest and not understanding concepts such as fairness, unlike companies run by rock solid individuals from countries like the u.s., u.k. and europe (well, the good part of it, anyway).
and in those very rare cases where a corporation from one of those hallowed lands is caught out in a lie, there's probably a korean (or something) lurking in the background.
thanks for the insightful post, quadra610.
I think you are reading too much into Quadra610's post.
one thing that seems odd about this report is that in comparable IP Litigation and discovery the lawyers of the party supplying documents ALWAYS review these carefully and mark up the documents very carefully where claims of privileged information or highly confidential or personal information is involved.
Having been involved personally in this review process in the company I work for I know that the internal release and review process is a matter of considerable importance and we have very strict procedures, so it would seem to me that the Apple attorneys screwed up badly.
You didn't read the article.
The documents WERE marked "Confidential - lawyer's eyes only" when Apple submitted them. They could not delete relevant information because the judge told them to include the information - assuming that the attorneys would follow the law.
What apparently happened is that Samsung's lawyers then gave them to a consultant who created a document without the warning. Samsung needs to be SERIOUSLY penalized and the attorneys should be disbarred.
I did read the article, but reading it more carefully I see you are quite correct. Independently of which party may have screwed up, it is clearly a serious breach of confidence and deserves, rightly, to be heavily sanctioned. There is no doubt about that. If in fact a Samsung agent produced a copy of any document and REMOVED the confidentiality notice then that would seem to me to be evidence of malicious intent which would in itself justify sanctions. This is really a serious issue and I hope the court follows it up and does what is necessary. The point that I am focussing on is that it really is a critical responsibility to comply with confidentiality orders and agreements. There is NO excuse for breaching confidentiality.
I have looking for the tsunami of negative press from Wall Street about these latest allegations against Samsung, but I primarily found promotions about Samsung's upcoming record profits.
Why bite the hand that feeds you a 10 page ad spread.
The EU formally accused Samsung of antitrust violations in December of last year, threatening the company with a fine of up to $18.3 billion.
Samsung did something even worse this year by violating a court confidentiality order in sharing the Apple-Nokia patent license terms with its executives.
A $1 Billion sanction is not enough. A $20 Billion sanction for contempt of court should be levied against Samsung for violating the sanctity of the court - payable immediately.
Comments
You didn't read the article.
The documents WERE marked "Confidential - lawyer's eyes only" when Apple submitted them. They could not delete relevant information because the judge told them to include the information - assuming that the attorneys would follow the law.
What apparently happened is that Samsung's lawyers then gave them to a consultant who created a document without the warning. Samsung needs to be SERIOUSLY penalized and the attorneys should be disbarred.
Samsung's new "M7" wireless speaker...hhmmmm, I wonder where they got the name for that product?
http://www.cultofandroid.com/42693/samsung-unveils-400-shape-m7-wireless-speaker/
If this were Apple, IMHO there would a hailstorm of articles deploring Apple's actions AND Apple's stock would have been hammered. Still, considering the crookedness that is Wall Street, being quiet about its poster corporation is to be expected.
Something else, I am thinking the Samsung investment in Sharp was due to the information illegally discovered in the documents.
"...Samsung%u2019s counsel repeatedly denied even one violation of the protective order, asserting that such a violation can only occur willfully."
Gnusmas needs to be sanctioned to the tune of $2 BILLION. That should get their attention for disrespecting and shredding the court rules.
I think you are reading too much into Quadra610's post.
one thing that seems odd about this report is that in comparable IP Litigation and discovery the lawyers of the party supplying documents ALWAYS review these carefully and mark up the documents very carefully where claims of privileged information or highly confidential or personal information is involved.
Having been involved personally in this review process in the company I work for I know that the internal release and review process is a matter of considerable importance and we have very strict procedures, so it would seem to me that the Apple attorneys screwed up badly.
You didn't read the article.
The documents WERE marked "Confidential - lawyer's eyes only" when Apple submitted them. They could not delete relevant information because the judge told them to include the information - assuming that the attorneys would follow the law.
What apparently happened is that Samsung's lawyers then gave them to a consultant who created a document without the warning. Samsung needs to be SERIOUSLY penalized and the attorneys should be disbarred.
I did read the article, but reading it more carefully I see you are quite correct. Independently of which party may have screwed up, it is clearly a serious breach of confidence and deserves, rightly, to be heavily sanctioned. There is no doubt about that. If in fact a Samsung agent produced a copy of any document and REMOVED the confidentiality notice then that would seem to me to be evidence of malicious intent which would in itself justify sanctions. This is really a serious issue and I hope the court follows it up and does what is necessary. The point that I am focussing on is that it really is a critical responsibility to comply with confidentiality orders and agreements. There is NO excuse for breaching confidentiality.
I have looking for the tsunami of negative press from Wall Street about these latest allegations against Samsung, but I primarily found promotions about Samsung's upcoming record profits.
Why bite the hand that feeds you a 10 page ad spread.
Samsung did something even worse this year by violating a court confidentiality order in sharing the Apple-Nokia patent license terms with its executives.
A $1 Billion sanction is not enough. A $20 Billion sanction for contempt of court should be levied against Samsung for violating the sanctity of the court - payable immediately.