Evidence
AMD Has ‘Conniption’ Over Lost E-mail
Posted Sep 17, 2007, 08:54 am CDT
By Debra Cassens Weiss
Advanced Micro Devices Inc. is asking a special master to force Intel to prove it is making progress recovering e-mail that was lost during antitrust litigation.
The Recorder characterizes AMD’s court filing as “a conniption.”
"These were not the common accidental and inconsequential losses of electronic evidence that often occur in litigation," AMD wrote in court documents. "They are losses of a nature and scope as to call into question Intel's entire document preservation scheme. ... It was, in short, a preservation scheme destined to fail in a cataclysmic way. And it did."
Yet AMD says in a footnote it has reached a comprehensive remediation plan that calls on Intel to complete efforts to recover documents by February.
Intel spokesman Chuck Mulloy says that despite the filing's "rhetoric, purple prose and breathless analysis, they, in the final analysis, decided to accept our remediation plan without any changes." The company, which blames the loss on human error, is represented by Howrey and Gibson, Dunn & Crutcher.
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