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Rambus Inc. Message Board

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  • xquestor xquestor Nov 20, 2011 11:52 PM Flag


    Quote from prior article link.

    "(Digging a little deeper, findings of spoliation such as in Rambus may be rare in the future. In Rambus, a great deal of the evidence about Rambus’ “shred days” and its litigation strategy was available to Hynix and Micron because all three district judges pierced the attorney-client privilege based on the basis of the crime-fraud exception. Without that evidence, it would have been difficult to satisfy the “reasonably foreseeable litigation” standard. Such evidence may not be available in other cases, though the Federal Circuit’s Micron decision provides litigants with a roadmap for establishing a prima facie case of the crime-fraud exception to the attorney-client privilege.)"


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