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

RT @lexlanham: .@cubs seek court order to seize any unauthorized/infringing merchandise being hawked outside of #wrigleyfield. https://t.co

Sep 26 2016 12:34 ·  reply ·  retweet ·  favourite
ManagingIP profile

ICYMI: latest weekly roundup of IP news by @mdloney https://t.co/dVInygLfhw PLUS links to all our recent articles https://t.co/NkMqZPWOfp

Sep 26 2016 11:46 ·  reply ·  retweet ·  favourite
ManagingIP profile

RT @BirgitC: This has surprised some #trademark geeks here in the UK. :-) Good news though! @The_IPO https://t.co/LU4z9nKtK6

Sep 26 2016 10:43 ·  reply ·  retweet ·  favourite
More from the Managing IP blog


Read this year's AIPPI Congress News - published daily by Managing IP direct from the AIPPI Annual Meeting in Milan


null null null

September 2016

The Mad Men of IP

In the early 1960s, patent practice was quiet and inventors often faced a hostile environment. But then, like now, new technologies were emerging to reshape business and the economy. Across North America, innovative lawyers set up boutique firms that would transform the market, many of which still exist today. Fifty years on, Jakob Schnaidt tells their story



Most read articles

Supplements