InternationalUSRemember you can easily switch between MIP US and MIP International at any time

How can I best manage the e-discovery process in the US?

Managing Intellectual Property


My company is facing increased litigation in the US and I am concerned about the amount of e-discovery required. How can I minimise costs while still fulfilling obligations?

The in-house counsel

There are five key factors to remember when considering how to navigate the e-discovery process:

1. Minimise the universe of e-discovery. I encourage the company to return to the era of telephone and to opt for in-person meetings in lieu of email. I also encourage people to overwrite documents. For example, instead of saving monthly reports in sequence in a folder, simply overwrite the previous month's report. I encourage employees not to use project names, molecule names, etc in emails and to minimise email recipients.

I encourage use of email tools that block the forward/copy/save/print features to prevent undue replication of the email. I also give lectures to various internal groups, where I discuss best practices in document management. During these sessions I display emails that have caused me angst in later litigation and explain why or how the email was used against us later, in order...


Please log in to read the rest of this article.

New to Managing Intellectual Property? Take advantage of one week’s FREE access and become a Managing IP member today. It’s free to join and the benefits start straight away.

Already registered?

Please make sure you log in to read the rest of the article.

Log in

Join us now

Gain 7 days FREE access when you register now.

Join here

profile

Managing IP

ManagingIP

ManagingIP profile

@WTO panel on Aus plain packs cases have missed 6-month deadline for issuing report. Report now expected mid-2016.

Oct 25 2014 01:02 ·  reply ·  retweet ·  favourite
ManagingIP profile

USPTO's Lee defends "critical" telework program at #aiplaAM14 http://t.co/5RW5aDwK9i http://t.co/1MMt2UW5lK

Oct 24 2014 06:39 ·  reply ·  retweet ·  favourite
ManagingIP profile

AIPLA names Lisa Jorgenson as executive director http://t.co/BxifGUKojO Previously at STMicroelectronics #aiplaAM14 http://t.co/NZzVsSVlB6

Oct 24 2014 06:24 ·  reply ·  retweet ·  favourite
More from the Managing IP blog


AIPLA Daily Report 2014

Read this year's AIPLA Daily Report - published daily by Managing IP direct from the AIPLA Annual Meeting in Washington DC null null

October 2014

What we want from the Unitary Patent and UPC

The EU Unitary Patent and Unified Patent Court are set to launch within the next 18 months. In the first article of a year-long series, Emma Barraclough and James Nurton gauge the expectations and concerns of in-house counsel



Most read articles

Supplements