The recent Tech GC Forum included several key practical pointers for in-house tech lawyers who are navigating the choppy waters of litigation and dispute resolution.
Here are Top 10 Practical Pointers for Litigation & Dispute Resolution in 2022.
Conduct Preemptive Diligence – Do not wait for an issue to turn into litigation. Do your due diligence ahead of time. And consider the diligence your adversary is doing as well (e.g., calling your current employee(s)).
Remember the Scope of the Litigation Hold – In a litigation hold, remember Slack, Jabber, and text messaging count, too. Adopt a uniform policy for communicating the broad scope of this requirement.
Beware of the Issues in Conducting Your Own eDiscovery – With eDiscovery, self-collection is difficult. It’s best to consider retaining an experienced eDiscovery provider – this is an ever-changing area that requires constant vigilance to maintain compliance.
Protect the Privilege on Zoom/Video Calls – In a virtual world when on a Zoom or video call, to protect attorney-client privilege, take rollcall and have non-clients log off when speaking directly about the case or possible litigation. Also, do not assume you are not being recorded. Remember to ask at the beginning of the call. Do not record internal conversations with your attorney team.
Avoid Texting about a Case – Do not communicate substantively about a case over text, and advise those in your company to avoid the use of texting for this purpose.
Understand the Scope of the GC/Attorney-Client Privilege – To keep internal communications privileged, understand the scope and limits on GC’s communications regarding legal vs. business discussions. Stay up to date on the cases in this area.
Adopt a Policy Relating to Arbitration – Determine your company’s position on arbitration – pro or con – and stick with it in negotiations and contract provisions.
Use Special Masters for Hyper-Technical Issues – When confronting technical issues requiring deeper expertise, consider asking the court for a Special Master with relevant experience and engage them early in the process.
Be Aware of the Limitations of Virtual Depositions – Litigators are more frequently electing the virtual option for taking depositions. Note the positive cost-savings may be offset by the inability to view in person the body language and actions of the deponent.
Annually Re-examine Your Directors & Officers and Malpractice Insurance – Conduct an annual check on your coverage limits, scope of coverage and areas of additional protection (e.g. cyber/ransomware) and compare your coverage with peer group companies.
*Note: the above are presented for educational purposes only and are not intended to constitute legal advice.
Our attorneys are happy to answer any questions you may have about the litigation process - you may find their contact information below.
We hope to see you at the next Tech GC Forum that will be held in the fall of 2022.
About the Tech GC Forum
The Forum’s mission is to bring together general counsels and top legal advisors from tech companies to promote the exchange of ideas, share best practices, and learn about current issues impacting fast-growing technology companies.
To join us at the next Tech GC Forum, contact the MMM Marketing Department.
