Qualcomm Incorporated (QCOM) Message Board

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Technology Stocks : Qualcomm Incorporated (QCOM)

QCOM 174.77

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9:30 AM EST

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To: Stan who wrote (147593)	1/12/2007 9:05:17 AM
From: carranza2	Read Replies (3) of 152472

I can only hope that Q's lawyers can deal with that problem. I would never put on an expert witness who has written material directly contrary to the position I advocated, no matter how "explainable". It's a stupid rookie mistake, one I have used against opponents to crucify them. There are no doubt other experts available who can testify without having that particular mill stone around their neck. The jury wil get a huge blow up of the sentence Richardson wrote and Lee will hammer and hammer and hammer away at it in closing argument. Richardson's testimony may very well be worthless as a result. Lee will have a field day. This is not good. It's very, very bad. And combing through your expert's material before you hire him is something a competent lawyer always does as a routine matter to make sure there are no skeletons in the closet like the one uncovered yesterday. Stupid rookie mistake. I wonder how many trials Batchelder has actually tried. This puts Q on a defensive footing, one in which it has to explain things rather than cleanly and aggressively go after BRCM. It injects doubt into Q's case, its credibility, etc. Perhaps the choice was made knowingly and after careful deliberation. I cannot imagine that Q's lawyers did not know of the passage, so perhaps there was a deliberate choice. Putting on an expert who has written contrary to my position is not something I would normally do unless he was the only person in the world who can help my case. PS: I have long ago stopped counting the number of trials I have tried as first chair counsel, so I think I have a notion of what I am talking about. Perhaps as many as 75, anything from minor matters to multi-million dollar technically complex products liability cases.

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