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

Weekly blog roundup by @mdloney feat. @TheCIPA BOB, SCOTUS, Taylor Swift, S101 & Eli Lilly http://t.co/ogkQlc4Px1 http://t.co/tx3F7GnHz3

Jul 6 2015 11:42 ·  reply ·  retweet ·  favourite
ManagingIP profile

In summary: DON'T PANIC! https://t.co/HwaRrt6Mz1

Jul 6 2015 11:12 ·  reply ·  retweet ·  favourite
ManagingIP profile

RT @OAMITWEETS: Three new #OHIM webinars for tomorrow https://t.co/rOyevjx63E

Jul 6 2015 10:51 ·  reply ·  retweet ·  favourite
More from the Managing IP blog


INTA Daily News 2015

Read this year's INTA Daily News - published daily by Managing IP direct from the INTA Annual Meeting in San Diego


June 2015

The fine line between abuse and fair use at the PTAB

Hedge fund manager Kyle Bass has outraged the pharma and biotech industries by seeking to invalidate their patents at the PTAB, with some observers linking his attacks to short-selling of company stocks. Michael Loney reports on a controversy that goes to the heart of the US patent system



Most read articles

Supplements