Document preservation concerns and spoliation threats are a part of almost all modern litigation, and intellectual property litigation is no exception. This was made particularly evident by the Federal Circuit’s recent Rambus decision in which an expanded five-judge panel held that the duty to preserve evidence begins when litigation is “reasonably foreseeable.” The decision may also have influence well beyond the IP arena and provide a roadmap for spoliation determinations and the award of sanctions.
Whether in litigation, in the procurement of IP rights, or in counseling on IP liability issues, it is important to understand the nuances of managing documents and information and avoiding the potential for spoliation allegations.
Please join us for a 30-minute teleconference as Mayer Brown attorneys, including the authors of our recently published Electronic Discovery Deskbook (PLI, 2009), discuss the spoliation risk and offer best practices for addressing document production and retention issues.
Anthony J. Diana
Michael J. Gill
Learn more about Mayer Brown's Electronic Discovery & Records Management and Intellectual Property practices.