Apple v. Samsung: Samsung’s firm sends ‘outside counsel only’ information to Samsung Execs, who apparently use the information.

Apple disclosed to Samsung highly sensitive licensing information marked "attorneys eyes only" under the protective order.  Yet, Samsung's counsel did not prevent a copy of its damages expert's report to be circulated to Samsung executives, even though that report repeated the key information.  Samsung's executives then told another key industry player that Samsung knew the terms because "information always leaks."  

Magistrate judge was not happy, and particularly unhappy with Samsung's lawyers basically saying to Apple, don't worry we'll put a log together some day.  Order compelling discovery is here.

About David

Professor of Law, Mercer University School of Law. Formerly Of Counsel, Taylor English Duma, LLP and in 2012-13, judicial clerk to Chief Judge Rader.