To: Bilow who wrote (68943 ) 3/22/2001 8:09:20 PM From: pompsander Read Replies (2) | Respond to of 93625 Carl: I have records of every competitive challenge facing my company for the past fifteen years. I can remember all of them (new technologies, new partnerships, new marketing initiatives)or I can find files in which they were addressed. Most good companies, when facing a strategic initiative, create task forces to evaluate it and report to management. All this stuff is reported up through channels to senior management, with each level of the organization adding its two cents worth. There has to be a system to this kind of decision making or chaos ensues. From the newly revealed records it is clear Infereon had a typical structured approach to evaluation of strategic challenges and formulation of corporate policy in response. This is far more than an "e-mail forgotten for ten years". A document search for litigation should have found this stuff five times over, or more. The judge said as much in his comments. The "I don't remember" defense cannot work with these revelations. It means the senior executives are either incredibly stupid (as they are allowed to refresh their recollections with any discoverable materials before testifying) or not telling the truth. Take your pick in this case. Edit: I don't know if everyone is familiar with the requirements of a compelled documents search, but it is a little hard to believe a memo with that many addressees could fail to be found...or remembered, so as to be disclosed in explanation if not in hard copy. a document search is an extensive, nasty, process.....bad memories don't cut it for obvious reasons. The judicial system must rely on all parties honestly producing required documents, witnesses, testimony,etc. or the system fails. Chaos.